Number 15 of 1935.
AGRICULTURAL PRODUCTS (REGULATION OF EXPORT) (AMENDMENT) ACT, 1935.
ARRANGEMENT OF SECTIONS
Section | |
Transfer of functions of Minister for Agriculture to Minister for Industry and Commerce. | |
Act Referred to | |
No. 26 of 1933 | |
Number 15 of 1935.
AGRICULTURAL PRODUCTS (REGULATION OF EXPORT) (AMENDMENT) ACT, 1935.
“The Principal Act.”
1.—In this Act the expression “the Principal Act” means the Agricultural Products (Regulation of Export) Act, 1933 (No. 26 of 1933).
Amendment of sections 1 and 2 of the Principal Act.
2.—(1) The definition of the expression “agricultural product” contained in section 1 of the Principal Act is hereby amended by the substitution of the words “any animal, milk, cream, eggs, and any article of food or drink wholly or partly manufactured or derived from any such product or from any animal or from milk, cream or eggs, and includes feathers, wool, hides and skins of animals,” for the words “and any article of food or drink wholly or partly manufactured, or derived from any such product, and fleeces and skins of animals,” and the Principal Act shall be construed and have effect with due regard to the modification of the said expression effected by the said amendment.
(2) Section 2 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (1) now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—
“(1) If the Government of any country establishes any system of restriction or control of the import of any agricultural product into that country from Saorstát Eireann or if the Government of any country has made any agreement or arrangement with the Government of Saorstát Eireann whereby any agricultural product is permitted or required to be imported to a limited extent into that country from Saorstát Eireann or whereby the import of any agricultural product into that country from Saorstát Eireann is facilitated the Minister may, whenever and so often as he thinks proper, make an order (in this Act referred to as an export order) regulating and controlling the export of any agricultural product to that country from Saorstát Eireann in such manner as appears to him to be calculated to secure the maximum benefit permitted by such system of restriction and control or such agreement or arrangement, or to be calculated to secure compliance with the requirements of such agreement or arrangement, and in particular may, without prejudice to the generality of the foregoing provision, by such order provide for all or any of the following matters, that is to say:—
(a) for the registration of persons engaged in exporting such product;
(b) for the control and restriction of the export of such product to such country from Saorstát Eireann;
(c) for prohibiting the export of any specified descriptions of such product to such country from Saorstát Eireann;
(d) for prohibiting the export of such product to such country from Saorstát Eireann by any person, other than the Minister or such person or persons as he may from time to time authorise;
(e) for the making from time to time by the Minister of orders appointing specified periods to be quota periods for the purposes of such order and specified quantities of such product to be quotas in respect of such quota periods;
(f) for requiring registered persons to export to such country during any quota period or periods appointed for the purposes of such order a specified quantity of such product not exceeding the quantity such persons respectively undertake to export to such country during such period or periods;
(g) for regulating and controlling any alternative export to such country which may for the time being be permitted;
(h) for securing the making of returns;
(i) for making specified infringements of such order offences punishable on summary conviction and fixing the penalties for such offences.”
(3) Sub-sections (1) and (2) of this section shall have and be deemed to have had effect as from the passing of the Principal Act.
(4) Every order made under sub-section (1) of section 2 of the Principal Act before the date of the passing of this Act and in force at such date shall continue in force and be deemed to have been duly made under the Principal Act, as amended by this Act, and shall be an export order within the meaning of the Principal Act, as so amended.
Transfer of functions of Minister for Agriculture to Minister for Industry and Commerce.
3.—(1) The Executive Council may, from time to time, by order transfer to and vest in the Minister for Industry and Commerce all the several functions, powers, and duties conferred or imposed by the Principal Act, as amended by this Act, on the Minister for Agriculture, so far as such functions, powers, and duties relate to or are concerned with one or more particular agricultural products specified in such order.
(2) Whenever the functions, powers, and duties of the Minister for Agriculture under the Principal Act, as amended by this Act, in relation to any particular agricultural product are for the time being vested in the Minister for Industry and Commerce by virtue of an order under the next preceding sub-section of this section, the Executive Council may by order retransfer to and revest in the Minister for Agriculture the said several functions, powers and duties, so far as the same relate to or are concerned with the said particular agricultural product.
(3) The Executive Council may at any time by order amend any order previously made under this section.
(4) Whenever and so long as the functions, powers, and duties conferred or imposed on the Minister for Agriculture by the Principal Act, as amended by this Act, are, so far as they relate to or are concerned with a particular agricultural product, vested in the Minister for Industry and Commerce by virtue of an order made under this section, so much of the Principal Act as defines the expression “the Minister” as meaning the Minister for Agriculture shall not apply or have effect in relation to the said particular agricultural product, and in lieu thereof the said expression shall in the Principal Act, as amended by this Act, mean, in relation to the said particular agricultural product, the Minister for Industry and Commerce and the Principal Act, as amended by this Act, shall be construed and have effect accordingly.
(5) No transfer or retransfer under this section of functions, powers, and duties shall prejudice or affect the validity, operation or duration of any order made or thing done (including an order made or thing done before the passing of this Act) in exercise or performance of such functions, powers and duties before such transfer or retransfer (as the case may be) by the Minister in whom such functions, powers, and duties were for the time being vested, and references in any such order to the Minister by whom such order was made shall be construed and have effect as references to the Minister in whom such functions, powers and duties are for the time being vested.
Expenses.
4.—All expenses incurred by the Minister for Agriculture or the Minister for Industry and Commerce under the Principal Act, as amended by this Act, shall to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title and citation.
5.—This Act may be cited as the Agricultural Products (Regulation of Export) (Amendment) Act, 1935, and the Principal Act and this Act may be cited together as the Agricultural Products (Regulation of Export) Acts, 1933 and 1935.