Scrap Iron (Control of Export) Act, 1938

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Number 6 of 1938.

SCRAP IRON (CONTROL OF EXPORT) ACT, 1938.

ARRANGEMENT OF SECTIONS

Number 6 of 1938.

SCRAP IRON (CONTROL OF EXPORT) ACT, 1938.

AN ACT TO MAKE PROVISION FOR REGULATING AND CONTROLLING THE EXPORT OF SCRAP IRON AND SCRAP STEEL AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID. [25th February, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Minister.

1.—In this Act the expression “the Minister” means the Minister for Industry and Commerce.

Orders prohibiting export of scrap iron and scrap steel.

2.—(1) The Minister may, whenever and so often as he thinks proper, by order prohibit the export of all or any classes or class of scrap iron otherwise than under and in accordance with a licence in that behalf issued under this Act, and may so prohibit such export either for so long as such order is in force or for a specified period or for two or more specified discontinuous periods.

(2) The Minister may, whenever and so often as he thinks proper, by order prohibit the export of all or any classes or class of scrap steel otherwise than under and in accordance with a licence in that behalf issued under this Act, and may so prohibit such export either for so long as such order is in force or for a specified period or for two or more specified discontinuous periods.

(3) Every order made under this section shall be laid before Dáil Eireann as soon as may be after it is made and, if a resolution annulling such order is passed by Dáil Eireann at any time during the continuance of such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(4) The Minister may at any time by order revoke or amend an order previously made by him under this section, including an order made under this sub-section.

Offences.

3.—(1) It shall not be lawful for any person to export or attempt to export any scrap iron or scrap steel in contravention of an order made under this Act.

(2) Any officer of Customs and Excise may detain and seize any articles being or attempted to be exported in contravention of this section, and for that purpose may open any packet containing, or suspected by him of containing, any such article, and the provisions of the Customs Consolidation Act, 1876 , in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.

(3) The provisions of this section relating to the prohibition of the exportation or attempted exportation of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876 , and that Act and any Act amending or extending that Act shall apply accordingly, and if any person shall export or attempt to export any article in contravention of this section, or bring or be in the act of bringing any article to any quay, road or other place whatsoever for the purpose of such exportation or attempted exportation, or shall aid or abet such exportation or attempted exportation, such person shall be liable to the same penalties, detention, and proceedings as those to which a person is liable under section 186 of the Customs Consolidation Act, 1876 , for illegally importing prohibited goods.

Licences.

4.—(1) On the application of any person the Minister may, if he so thinks fit, issue to such person a licence to export within a specified time a specified quantity of scrap iron or of scrap steel or of any particular classes or class of scrap iron or of scrap steel the export of which is for the time being prohibited by an order made under this Act.

(2) Whenever the Minister issues a licence under this section he may do all or any of the following things, that is to say:—

(a) attach to such licence such conditions as he shall think proper and shall specify in such licence;

(b) limit such licence to specified articles or a specified consignment of articles;

(c) restrict the exportation under such licence to exportation from a specified port or place or by a specified route, or to a specified country or a specified port or place.

(3) Every person who, for the purpose of obtaining for himself or any other person a licence under this section, makes any statement or representation which is to his knowledge false or misleading in a material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

Short title.

5.—This Act may be cited as the Scrap Iron (Control of Export) Act, 1938.