No. 13/1958:

TEA (PURCHASE AND IMPORTATION) ACT, 1958

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Provisions relating to the Company.

3 The Register of Tea Traders.

4 Registration of tea traders.

5 Cancellation of registration.

6 Obligations of certain registered tea traders.

7 Restrictions on importation and purchase of tea.

8 Company to let as agent for registered ten traders.

9 Offences.

10 Prosecutions by the Minister.

11 Transitory provisions in relation to disposal of tea held by Tea, Porters, Limited.

12 Short title.

AN ACT TO REGULATE AND CONTROL THE PURCHASE AND IMPORTATION OF TEA.

[28th May, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Company" means the company intended to be formed and registered in the State under the Companies Acts, 1908 to 1924, and to be named "Tea Importers (1958) Limited";

"existing tea wholesaler" means a person who, at the date of the passing of this Act,—

( a ) carries on, at premises in the State, the business of breaking, blending, packing and selling tea for re-sale, and

( b ) is the holder of a licence issued under section 7 of the Tea (Importation and Distribution) Act, 1956 (No. 20 of 1956), or a licence deemed, by virtue of subsection (6) of the said section 7, to have been issued under the said section 7;

"Irish company" means a Company registered in the State under the Companies Acts, 1908 to 1924;

"the Minister" means the Minister for Industry and Commerce;

"the Register" means the Register of Tea Traders established under section 3 of this Act;

"registered" means registered in the Register;

"registered tea trader" means a person who is for the time being registered;

"tea trader" means a person who carries on, at premises in the State, the business of purchasing and selling tea.

2.—(1) Notwithstanding anything contained in the Companies Acts, 1908 to 1924, no alteration in the Memorandum of Association or Articles of Association of the Company which is made without the approval of the Minister shall be valid or effective.

(2) Notwithstanding section 16 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), the provisions of that Act shall apply to the operations of the Company.

3.—On the passing of this Act the Minister shall establish and thereafter maintain a register to be called and known as the Register of Tea Traders.

4.—(1) Where an existing tea wholesaler applies, in accordance with this Act, to the Minister to be registered, the Minister shall register the applicant in the Register.

(2) Where—

( a ) a person, being an Irish citizen who normally resides in the State or an Irish company or a partnership all the members of which are Irish citizens, purposes to carry on the business of selling tea on that person's own account, and applies, in accordance with this Act, to the Minister to be registered, and

( b ) the Minister is satisfied that—

(i) the applicant is not financially assisted by a person ordinarily resident outside the State or by any company incorporated outside the State which does not comply with section 22 of the Insurance Act, 1936 (No. 45 of 1936), or section 42 of the Central Bank Act, 1942 (No. 22 of 1942), and

(ii) in case the applicant is a company—all the shares of the company are in the beneficial ownership of Irish citizens, and

(iii) the business will be managed and controlled by an Irish citizen who normally resides in the State or by two or more Irish citizens each of whom normally resides in the State,

the Minister shall register the applicant in the Register.

(3) No person shall be registered save in accordance with subsection (1) or (2) of this section.

(4) An application for registration in the Register shall be in such form and contain such particulars as regards the ownership and financing of the business to which the application relates as the Minister may direct.

(5) Where the Minister registers any person in the Register, he shall inform the Company of such registration.

5.—(1) Where, in respect of a person who is registered in pursuance of subsection (1) of section 4 of this Act, the Minister is satisfied that such person has ceased to carry on business as a tea trader, the Minister may, subject to subsection (3) of this section, cancel the registration of that person in the Register.

(2) Where, in respect of a person who is registered in pursuance of subsection (2) of section 4 of this Act, the Minister is satisfied that—

( a ) such person has ceased to carry on the business of a tea trader, or

( b ) that such person is financially assisted by any person ordinarily resident outside the State or by any company incorporated outside the State which does not comply with section 22 of the Insurance Act, 1936 (No. 45 of 1936), or section 42 of the Central Bank Act, 1942 (No. 22 of 1942), or

( c ) in case such person is a company-all the shares of the company are not in the beneficial ownership of Irish citizens, or

( d ) the business is not managed and controlled by an Irish citizen who normally resides in the State or by two or more Irish citizens each of whom normally resides in the State, or

( e ) such person has been convicted of an offence under this Act,

the Minister may, subject to subsection (3) of this section, cancel the registration of that person in the Register.

(3) The following provisions shall apply in relation to the cancellation of the registration of a person in the Register—

( a ) the Minister shall not cancel such registration unless and until he has given by registered post to such person at least one fortnight's notice in writing stating that the Minister has under consideration such cancellation and stating the grounds on which such cancellation is so under consideration,

( b ) the Minister shall consider any representations in relation to such cancellation made to him by such person before the expiration of the said notice.

(4) Where the Minister cancels the registration of a person under this section, he shall inform the Company of such cancellation.

6.—(1) This section applies only to a registered tea trader who is registered under subsection (2) of section 4 of this Act.

(2) A registered tea trader to whom this section applies shall notify the Minister in writing within twenty-eight days in the event of there being any material alteration in the particulars as regards ownership or financing of his business as a tea trader furnished in the application for registration.

(3) The Minister may serve by registered post on any registered tea trader to whom this section applies a notice requiring him to send to the Minister within fourteen days after such service a return containing such information, in relation to the ownership, financing and control of the business in respect of which such tea trader is registered, as may be specified in the notice.

7.—(1) ( a ) Subject to paragraph (b) of this subsection, subsections (2), (3), (4) and (5) of this section shall come into operation on the 1st day of July, 1958.

( b ) The Minister, if he so thinks fit, may by order fix a date, earlier than the 1st day of July, 1958, as the date on which subsections (2), (3), (4) and (5) of this section shall come into operation, and if he does so, then, the said subsection shall come into operation on the date so fixed.

(2) No person except the Company shall import tea.

(3) The Company shall not import tea unless the Company either—

( a ) imports it direct from the country in which it was produced, or

( b ) imports it under and in accordance with an authorisation given by the Minister.

(4) No person shall purchase tea for importation unless—

( a ) such person is the Company or a registered tea trader, and

( b ) either—

(i) such tea was purchased by such person in the country in which it was produced, or

(ii) the Minister has authorised the Company to purchase it at a place other than the country in which it was produced.

(5) Subsections (2), (3) and (4) of this section do not apply to—

( a ) tea which is shown to the satisfaction of the Revenue Commissioners to be imported as a sample, or

( b ) tea—

(i) which is shown to the satisfaction of the Revenue Commissioners to be imported for the personal use of the importer or his household, and

(ii) which, if it exceeds five pounds in weight, is imported under and in accordance with a licence granted by the Minister.

8.—The Company shall, at the request of a registered tea trader, act as agent for the importation of tea which is purchased by such registered tea trader in the country in which the tea is produced and is imported direct from that country.

9.—If any person—

( a ) contravenes (by act or omission) any of the provisions of this Act,

( b ) makes, in any application for registration made by that person under section 4 of this Act, any statement which is false or misleading in a material respect, or

( c ) being a registered tea trader who is registered under subsection (2) of section 4 of this Act—fails to comply with a notice served on him under subsection (3) of section 6 of this Act or makes, in any return sent by him in pursuance of any such notice, any statement which is false or misleading in a material respect,

such person shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

10.—An offence under this Act may be prosecuted at the suit of the Minister.

11.—Where, before the 30th day of September, 1959, a registered tea trader (in this section referred to as the purchaser) requests, under section 8 of this Act, the Company to act as agent for the importation of a particular consignment of tea (in this section referred to as the purchaser's consignment), the Company shall forthwith inform Tea Importers, Limited (in this section referred to as the existing Company) of the request, and thereupon, notwithstanding anything in the said section 8, the following provisions shall have effect—

( a ) the Company shall not comply with the request of the purchaser unless and until authorised by the existing Company to do so,

( b ) the existing Company, for the purpose of disposing of stocks of tea then held by it or in its control, may, before the expiration of the period of fourteen days commencing on the date on which it was so informed of the request of the purchaser, serve by registered post on the purchaser a notice requiring the purchaser to purchase from it within a specified time and at a specified price a specified quantity of such stocks, being a quantity which is, in the opinion of the existing Company, equitable having regard to the quantity of the purchaser's consignment and the quantity of such stocks,

( c ) if the said notice is served on the purchaser and the purchaser complies therewith, the existing Company shall forthwith authorise the Company to comply with the request of the purchaser,

( d ) if the existing Company decide not to proceed under paragraph (b) of this section, the existing Company shall, as soon as may be after so deciding, authorise the Company to comply with the request of the purchaser.

12.—This Act may be cited as the Tea (Purchase and Importation) Act, 1958 .