554
THE NEW ZEALAND GAZETTE.
[No. 13

shall be guilty of an offence against these regulations, and
shall be liable accordingly.

54. Every person who, being a servant or agent of any
    Government broker or of any such seller or purchaser of
    wheat, wilfully does any act whereby or in consequence of
    which such Government broker, seller, or purchaser breaks
    his contract with the Government shall be guilty of an offence
    against these regulations and shall be liable accordingly.

55. Every person who deceives or attempts to deceive a
    Government broker or the Wheat Controller in the exercise
    of his functions under these regulations shall be guilty of an
    offence against these regulations and shall be liable accordingly.

56. Every person who incites, aids, abets, counsels, or pro-
    cures any other person, or conspires with any other person,
    to commit an offence against these regulations shall be guilty
    of an offence against these regulations and shall be liable
    accordingly.

57. Every person who fails to make in accordance with
    these regulations any return required thereby or in pursuance
    thereof, or who makes any such return which is false or mis-
    leading in any particular, shall be guilty of an offence against
    these regulations and shall be liable accordingly.

58. Every person who, whether as principal, agent, or
    otherwise, sells or purchases, or agrees or offers to sell or
    purchase, wheat at a price in excess of the maximum price
    thereof as determined for the time being under the Board of
    Trade Act, 1919, shall be guilty of an offence against these
    regulations and shall be liable accordingly.

PART VIII.—RETURNS.

59. On or before the 7th day of September, 1922, every
    grower of wheat shall make to the Wheat Controller a return
    showing as at 31st day of August, 1922—
    (a.) The number of bushels of each variety of wheat grown
    by him and threshed but not yet sold and delivered :
    (b.) How much of such wheat still lies on the grower’s farm :
    (c.) The location of any such wheat which is stored or held
    elsewhere.

60. On or before the 7th day of September, 1922, every
    grower of wheat shall make to the Wheat Controller a return
    showing as at 31st day of August, 1922—
    (a.) The estimated quantity of wheat, in bushels, which the
    grower has still unthreshed, the quantities of each
    variety of wheat to be stated separately :
    (b.) The probable date of threshing and delivery to the
    market.

61. In the case of all wheat remaining unthreshed at the
    31st day of August, 1922, the grower shall within one week
    after the threshing thereof make to the Wheat Controller
    a return showing the actual yield of each variety.

62. On or before the 31st day of March, 1922, every flour-
    miller carrying on business in New Zealand shall make to
    the Wheat Controller a return showing—
    (a.) His probable requirements of wheat for milling for the
    period between the 1st day of March, 1922, and the
    28th day of February, 1923 :
    (b.) His carry-over of stocks of wheat, flour, bran, and
    pollard as at the 28th day of February, 1922.

63. Every flour-miller carrying on business in New Zealand
    shall, on or before the 15th day of each calendar month,
    commencing in March, 1922, make to the Wheat Controller
    a return showing full particulars of all wheat delivered to
    him during the last preceding calendar month in pursuance
    of purchases made by him.

64. The Wheat Controller, or his duly authorized repre-
    sentative, may require any person to give to him any in-
    formation in such person’s possession, and to produce any
    books or documents in his possession or under his control,
    relating to the sale or purchase of any wheat, whether
    grown in New Zealand or not, and of whatever season’s crop,
    and whether such person is a party to such sale or purchase or
    not. Any person withholding any such information or failing
    to produce such books or documents shall be guilty of an offence
    against these regulations and shall be liable accordingly.

65. In making all such returns as aforesaid the person by
    whom the return is to be made shall use such forms and give
    such additional particulars as the Wheat Controller may
    from time to time require.

66. (1.) Every person who, whether as principal or agent,
    and whether personally or through an agent, enters into any
    contract for the purchase of free wheat otherwise than from
    the Government shall, within seven days after the day of
    the making of the contract, make or cause to be made to
    the Wheat Controller a return of such contract containing
    the following particulars :—
    (a.) The names and addresses of the purchaser and seller :
    (b.) The date on which the contract was made :
    (c.) The class and quantity of wheat so purchased :
    (d.) The agreed date and place of delivery :
    (e.) The price of the wheat per bushel :
    (f.) The price of the sacks :
    (g.) Particulars of any terms or conditions which are not
    in accordance with the established custom of the
    trade at the date of these regulations :
    (h.) If the contract is made or evidenced by any written
    document, a copy of that document :
    (i.) A declaration made by or on behalf of the purchaser
    that the price of the wheat is not in excess of the
    maximum price as fixed at the date of the contract
    by any Order in Council made under the Board of
    Trade Act, 1919.

(2.) Nothing in this clause shall render necessary a return
of any contract for the purchase of wheat in any quantity
less than 100 bushels, save that two or more contracts
made by the same purchaser at or substantially at the same
time (whether from the same or different sellers) shall be
deemed to be one contract for the purpose of this exemption.

PART IX.—SEED-WHEAT.

67. Notwithstanding anything to the contrary in these
    regulations, a Government broker in purchasing wheat on
    account of the Government may, with the permission of the
    Wheat Controller, resell that wheat or any part thereof to
    the broker himself as seed-wheat at a price equivalent to the
    price for sales on account of the Government calculated in
    accordance with clause 31 hereof.

68. No commission shall be payable to the broker in respect
    either of the purchase or resale of any wheat so dealt with.

69. The Government broker shall pay to the Government
    the purchase-money for all seed-wheat so purchased by him
    in cash on the delivery of the wheat to the broker in pursuance
    of the contract.

70. In all other respects these regulations shall apply to any
    such resale by the Government to a Government broker in
    the same manner as if the Government broker were an inde-
    pendent third person purchasing the wheat from the Govern-
    ment through that broker.

71. Save with the permission of the Wheat Controller, it
    shall not be lawful for a broker who has so purchased seed-
    wheat to dispose of it in any manner otherwise than by sale
    thereof as seed-wheat to farmers.

72. Any surplus of seed-wheat so purchased by a Govern-
    ment broker, and undisposed of by sale to farmers before the
    close of the sowing season of the year 1922, may be demanded
    by the Wheat Controller for the Government, and shall there-
    upon be resold to the Government by the broker at the price
    hereinbefore prescribed for good milling-wheat sold to the
    Government for delivery in the month in which such demand
    was made by the Wheat Controller.

PART X.—EXPORT OF WHEAT.

73. The export of wheat, save with the approval of the
    Minister of Customs given on the recommendation of the
    Wheat Controller, is hereby prohibited.

74. The Minister may, subject to such terms and condi-
    tions, including the payment of commission, as he may pre-
    scribe, appoint a person, firm, or company (hereinafter
    referred to as the export agent) to obtain, through Govern-
    ment brokers on behalf of the Government, such quantities
    and qualities of wheat as the Wheat Controller may from
    time to time direct, and to effect on such behalf the export
    and disposal of such wheat at such prices and on such terms
    and conditions as the Wheat Controller may direct or approve.

75. The Wheat Controller may require any Government
    broker to offer to the export agent any specified parcel of
    wheat, or all wheat, over which such Government broker
    may have the power of disposal before offering such wheat
    to any other purchaser from the Government.

76. With respect to all wheat offered to the export agent
    the following provisions shall apply :—
    (a.) Upon receipt of directions in writing from the export
    agent, the Government broker shall forward such
    wheat to such broker’s order to the destination
    prescribed in such directions.
    (b.) Such proportion (if any) of such wheat as is certified
    by a Grader approved by the Wheat Controller to be
    equal to export standard will be accepted by the
    export agent, and the value thereof, calculated on
    the basis of the prices fixed under clauses 16 and 19
    hereof, and on weights certified by the export agent,
    will be payable by the Government to the owner of
    such wheat or his authorized agent.
    (c.) A commission of 1d. per bushel on the quantity of
    wheat accepted for export in accordance with
    clause (b) hereof will be paid to the Government
    broker by the Wheat Controller, such commission
    to be in lieu of and not in addition to the commission
    prescribed by clauses 39 and 40 hereof.

77. The export agent will be entitled to receive from the
    Government such commission on the quantity of wheat pur-
    chased by him for export as may be approved by the Minister,
    and will in addition, with respect to costs incurred with the
    approval of the Wheat Controller, be entitled to a refund of
    the net amount of his disbursements. Payment for services
    rendered by the export agent by direction of the Wheat Con-
    troller, other than those services agreed to be rendered in
    return for the commission herein referred to, will be made in
    such amounts as may be approved by the Minister.

78. The Wheat Controller is hereby empowered to dispose
    of wheat on behalf of the Government at such prices as may be
    approved by the Minister, subject to the condition that no
    wheat disposed of under this regulation shall be resold or
    offered for resale within the Dominion of New Zealand.
    Failure to export, within such time as the Wheat Controller
    may direct, wheat purchased under this regulation, or the
    resale or purchase of any such wheat in New Zealand, shall
    constitute a breach of these regulations, and the purchaser
    from the Government and any subsequent purchasers shall
    be liable accordingly.

79. All contracts for the sale of wheat under this Part of
    these regulations shall be executed by the Wheat Controller
    on behalf of the Government.

80. The Order in Council of the 27th September, 1921,
    making the Board of Trade (Wheat Futures) Regulations is
    hereby revoked.

F. D. THOMSON,
Clerk of the Executive Council.

By Authority: MARCUS F. MARKS, Government Printer, Wellington.
[1610/2/22—2868