Tea (Importation and Distribution) Act, 1956

• Permanent Page URL

Number 20 of 1956.

TEA (IMPORTATION AND DISTRIBUTION) ACT, 1956.

ARRANGEMENT OF SECTIONS

Number 20 of 1956.

TEA (IMPORTATION AND DISTRIBUTION) ACT, 1956.

AN ACT TO REGULATE AND CONTROL THE IMPORTATION AND WHOLESALE DISTRIBUTION OF TEA. [29th May, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Duration of Act.

1.—This Act shall expire on the 31st day of March, 1958, or on such earlier day as may be fixed by order of the Government.

Definitions.

2.—In this Act—

“the Minister” means the Minister for Industry and Commerce;

“tea import licence” means a licence issued or deemed to have been issued under section 4;

“tea wholesaler's licence” means a licence issued or deemed to have been issued under section 7.

Control of imports.

3.—(1) No person shall import tea except in accordance with a tea import licence issued to that person.

(2) Subsection (1) does not apply to—

(a) tea, not exceeding ten pounds in weight, which is shown to the satisfaction of the Revenue Commissioners to be imported for the personal use of the importer or his household;

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

Issue of tea import licence.

4.—(1) The Minister, on the application of any person for a licence to import tea, may, at his discretion, grant or refuse the application.

(2) The Minister may attach to a tea import licence such conditions as he thinks fit.

(3) A tea import licence shall not be transferable.

(4) The Minister may revoke a tea import licence.

(5) A licence under the Importation of Tea Order, 1950 ( S.I. No. 51 of 1950 ), and in force at the passing of this Act shall continue in force and be deemed to have been issued under this section.

Control of wholesale distribution.

5.—No person shall—

(a) purchase tea for sale by wholesale, or

(b) sell tea by wholesale, or

(c) carry on the business of selling tea by wholesale,

except in accordance with a tea wholesaler's licence issued to that person.

Persons qualified to apply for tea wholesaler's licence.

6.—Each of the following persons—

(a) a citizen of Ireland who normally resides in the State,

(b) a body corporate incorporated in the State,

(c) a partnership consisting only of two or more such persons,

shall be qualified to apply for a tea wholesaler's licence if the Minister is satisfied that—

(i) that person proposes to carry on the business of selling tea by wholesale on that person's own account, and

(ii) that person is not financially assisted by any person ordinarily resident outside the State or by any body corporate 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

(iii) in the case of a body corporate, all the shares are in the beneficial ownership of Irish citizens, and

(iv) the business will be effectively managed and controlled by an Irish citizen or citizens each of whom normally resides in the State.

Issue of tea wholesaler's licence.

7.—(1) An application for a tea wholesaler's licence shall be made to the Minister in such form and shall contain such particulars as the Minister shall direct.

(2) Where, on receipt of the application, the Minister is satisfied that the applicant is qualified under section 6 the Minister shall issue a licence authorising that person to carry on the business of selling tea by wholesale.

(3) The Minister may attach to a tea wholesaler's licence such conditions as he thinks fit.

(4) A tea wholesaler's licence shall not be transferable.

(5) Where, after the issue under this section of a tea wholesaler's licence, the Minister is satisfied that the licensee is no longer qualified under section 6, the Minister may revoke the licence.

(6) A licence granted or deemed to be granted under Article 13 of the Tea Order, 1950 ( S.I. No. 146 of 1950 ), and in force at the passing of this Act shall continue in force and be deemed to have been issued under this section.

Offences.

8.—A person who contravenes section 5 or a condition attached to a licence issued or deemed to have been issued under this Act shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding twenty-five pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for each day on which the offence is continued.

Penalty for false statements.

9.—A person who, in or in connection with an application for a tea wholesaler's licence, makes any statement or furnishes any information which is to his knowledge false or misleading in any material respect shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding one hundred pounds.

Prosecution of offences.

10.—A prosecution for an offence under this Act may be brought by the Minister.

Expenses.

11.—The expenses incurred by the Minister in the administration of 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.

12.—This Act may be cited as the Tea (Importation and Distribution) Act, 1956.