Commonwealth Numbered Regulations

1993 No. 26 AUSTRALIAN HORTICULTURAL CORPORATION (HONEY EXPORT CONTROL) REGULATIONS - REG 10

10. (1) The Corporation may grant a licence subject to conditions, of the kind
referred to in subsection 117 (4) of the Act, that the Corporation considers
appropriate.

(2) Subject to regulation 11, conditions imposed under subregulation (1) must
be endorsed on the licence.

(3) It is a condition of a licence that:

   (a)  the licensee participates in approved export programs that relate to
        honey or a place to which the licensee exports honey; and

   (b)  the licensee exports honey:

        (i)    during the period of 12 months following the date of issue of
               the licence; and

        (ii)   during every subsequent period of 12 months; and

   (c)  the licensee does not engage in activities which may seriously harm
        Australia's reputation as a reliable supplier of honey of good
        quality; and

   (d)  the licensee provides returns required under regulation 14; and

   (e)  the licensee did not give information that is false or misleading in a
        material particular in the application for a licence; and

   (f)  the licensee does not give information that is false or misleading in
        a material particular in a return required under regulation 14; and

   (g)  the licensee:

        (i)    does not enter into a prescribed financial arrangement while
               being a licensee; and

        (ii)   is not convicted of a prescribed offence while being a
               licensee; and

   (h)  if the licensee is a partnership-a partner:

        (i)    does not enter into a prescribed financial arrangement while
               the partnership is a licensee; and

        (ii)   is not convicted of a prescribed offence while a partner; and

        (i)    if the licensee is a corporation-a director of the corporation,
               or a shareholder who holds a controlling interest in, the
               corporation:

        (i)    does not enter into a prescribed financial arrangement while
               the corporation is a licensee; and

        (ii)   is not convicted of a prescribed offence while being a director
               or a shareholder who holds a controlling interest in the
               corporation; and

   (j)  if the licensee is a partnership-the licensee will inform the
        Corporation of a change of partners within 28 days of the change; and

   (k)  if the licensee is a corporation-the licensee will inform the
        Corporation, within 28 days, of:

        (i)    a change of the controlling shareholder; or

        (ii)   an arrangement that results in a shareholder holding 20 percent
               or more of the licensee's share; and

   (l)  if:

        (i)    the licensee; or

        (ii)   in the case of a licensee that is a partnership-a partner; or

        (iii)  in the case of a licensee that is a corporation-a director of
               the corporation or an individual who is a shareholder who holds
               a controlling interest in the corporation; enters into a
               prescribed financial arrangement while the licence is in
               force-the licensee will inform the Corporation within 28 days
               after the licensee, partner, director or shareholder enters
               into it; and

   (m)  if:

        (i)    the licensee; or

        (ii)   in the case of a licensee that is a partnership-a partner of
               the partnership; or

        (iii)  in the case of a licensee that is a corporation-a director of
               the corporation or an individual who is a shareholder who holds
               a controlling interest in the corporation; is convicted of a
               prescribed offence-the licensee will inform the Corporation
               within 28 days after the licensee, partner, director or
               shareholder is convicted.

(4) Paragraph (3) (b) does not apply if:

   (a)  the period between:

        (i)    the date of issue of the licence and the date on which the
               licence ceases to have effect; or

        (ii)   the end of a period referred to in subparagraph (3) (b) (ii)
               and the date on which the licence ceases to have effect; is
               less than 12 months; or

   (b)  the licensee is unable to export honey because of:

        (i)    an inadequate supply of honey of export quality; or

        (ii)   insufficient transport to allow the licensee to export honey;
               or

        (iii)  industrial action that has prevented the export of honey by the
               licensee; or

        (iv)   a substantial reduction in access to, or the closure of, an
               export market; or

        (v)    any other matter that is beyond the control of the licensee.