Agricultural Produce (Potatoes) Act, 1931

Rectification and revocation of exporter's licences.

13.—(1) The Minister may at any time alter or revoke an exporter's licence upon the application of the holder of such licence or, in the case of an individual, the legal personal representative or, in the case of an incorporated body, the liquidator of the holder of such licence.

(2) The Minister may at any time, without any such application, revoke an exporter's licence if he is satisfied—

(a) that such licence was procured by fraud or by misrepresentation whether fraudulent or innocent; or

(b) that the premises of which the holder of such licence is the registered proprietor have ceased to be registered in the register of potato packing premises; or

(c) that the holder of such licence, if an individual, has died or, if an incorporated body, has been dissolved and that such licence has not been transferred by the Minister under this Act to another person within three months after such death or dissolution; or

(d) that the holder of such licence has been adjudicated a bankrupt; or

(e) in the case of an exporter's (general) licence, that in any calendar year other than the first calendar year subsequent to the date on which such licence was issued either—

(i) no potatoes were exported by the holder of such licence during such year, or

(ii) if ware potatoes only were exported by such holder during such year, the quantity so exported was less than three hundred tons, or

(iii) if seed potatoes only were exported by such holder during such year, the quantity so exported was less than one hundred and fifty tons, or

(iv) if both ware potatoes and seed potatoes were exported by such holder during such year, the total quantity of potatoes so exported was less than three hundred tons;

for the purpose of this sub-paragraph, a quantity of seed potatoes shall be reckoned as weighing twice its actual weight; or

(f) in the case of an exporter's (grower's) licence, that in the opinion of the Minister the holder of such licence has committed a breach of the statutory conditions attaching to an exporter's (grower's) licence or either of such conditions; or

(g) that, in the opinion of the Minister, there has been any contravention by the holder of such licence (whether by way of commission or omission) of this Act or any regulations made thereunder; or

(h) that the holder of such licence, having made a contract for the sale of potatoes to be exported by virtue of his licence has, in the opinion of the Minister, without reasonable cause failed or omitted to carry out such contract.

(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) an exporter's licence, the Minister shall give at least one fortnight's notice in writing of his intention so to revoke such licence to the holder thereof, or his legal personal representative (if any) or the liquidator of the holder (as the case may be), and shall consider any representations made before the expiration of such notice by such holder, or legal personal representative or liquidator (as the case may be), and may if he thinks fit cause an inquiry to be held in relation to the matter.

(4) A notice of the Minister's intention to revoke or alter an exporter's licence may be served by delivering it to the person to whom it is addressed or by leaving it with a person over sixteen years of age on the registered premises of the holder of the licence or by sending it by post to the person to whom it is addressed at his last known place of abode.

(5) Where an exporter's licence has been revoked by the Minister under this section, the Minister may at any time thereafter refuse to grant an exporter's licence to the person who was the holder of such first-mentioned licence immediately before the revocation thereof.