Dec. 10.] THE NEW ZEALAND GAZETTE. 4161

inducement to that person to sell or purchase wheat to or from the Board through that broker or for the reason that he has so sold or purchased wheat.

(10) It shall not be lawful for any person to give, offer, or promise to an authorized broker any allowance, gratuity, or other valuable consideration as an inducement to that broker to sell or purchase on behalf of the Board wheat to or from that person or any other person or for the reason that such broker has so sold or purchased wheat.

(11) In all matters within the scope of their employment and not specifically provided for by these regulations, the authorized brokers shall act in accordance with directions from time to time received from the Board.

(12) Authorized brokers shall from time to time make to the Board such returns relative to the business done by them as the Board may require.

(13) Every appointment of an authorized broker shall be deemed to incorporate, as a contract between the broker and the Board, the provisions of these regulations so far as they relate to the rights, powers, duties, and liabilities of such brokers.

(14) The Board may prescribe forms of contract-note to be used respectively in purchases and sales of wheat by the Board, and may prescribe different forms of contract-note for different cases; and every authorized broker shall use such prescribed form (if any) as the case may require.

REGULATION 5.—PURCHASE OF WHEAT BY THE BOARD.

(1) The Board shall (subject always to the provisions of clause (5) of this regulation) purchase all wheat offered to the Board for sale, whether by the wheatgrower or any other person, except—

(a) Wheat that has already been purchased and resold by the Board:

(b) Wheat that is not f.a.q. milling-wheat:

(c) Wheat that has been purchased by any person as free wheat, whether or not the same has subsequently been dressed or conditioned or mixed or treated in any way so that the resultant grain is, or is equal in quality to, f.a.q. milling-wheat:

(d) Wheat exempted from these regulations by resolution under clause (7) of Regulation 3 hereof:

Provided that nothing contained in this clause shall authorize any person to sell wheat of any quality (not exempted by resolution under clause (7) of Regulation 3 hereof) otherwise than to the Board, unless and until it has been offered to an authorized broker for sale to the Board in pursuance of these regulations and has been rejected as being not f.a.q. milling-wheat.

(2) The prices, terms, and conditions on which wheat is purchased by the Board shall be such as the Board shall from time to time in its discretion fix and publicly notify, and the Board may fix varying prices for different qualities and kinds of wheat or for delivery at different times or otherwise.

(3) When wheat is sold to an authorized broker without express agreement as to time of delivery it shall be deemed to be sold for delivery in the month in which the contract is made.

(4) When wheat is sold to an authorized broker for delivery by instalments at different times or on different terms or conditions the sale of each instalment or of each parcel to which separate terms or conditions apply shall be deemed to be a separate contract.

(5) Save in special cases at the express direction of the Board, and on such terms as may be approved by it, wheat will be purchased by an authorized broker only when a purchaser from the Board is available and on the terms that the seller will deliver the same to such purchaser as directed by the broker whether free on board, free on rail, direct to the purchaser’s store, or otherwise; and the name of the purchaser and the place of delivery by the seller shall be stated in the contract made by the seller with the broker.

(6) Save in special cases at the express direction of the Board, and in such terms as may be approved by it, no authorized broker shall accept delivery on behalf of the Board or act as a warehouseman for the Board:

Provided that an authorized broker may act as warehouseman either for the seller to the Board or for the buyer from the Board on such terms as may be agreed upon between warehouseman and customer.

(7) All wheat purchased by the Board shall on delivery thereof in accordance with the terms of the contract, and if the wheat is in conformity with the contract, become as between the seller and the Board the property of the Board without prejudice to any rights of property therein as between the Board and a purchaser from the Board.

(8) Payment for wheat purchased by the Board shall be made as follows:—

(i) On delivery by the seller, the authorized broker, on being satisfied that the wheat so delivered is in accordance with the contract, will forward to the Board a voucher in duplicate in such form as the Board may require, signed by the authorized broker, and authorizing payment of the contract price.

(ii) The sum so authorized will be remitted by post by the Board to the seller or to any other person (including an authorized broker) authorized by the seller as his agent in that behalf by a written authority transmitted through the broker to the Board.

(iii) No part of the contract price payable by the Board to a seller shall be assignable or charged otherwise than by operation of law.

(iv) Payment will be remitted within twenty-one days of the receipt of the voucher by the Board, save that if the last day for remitting is a holiday payment will be remitted on the next following business day.

(9) Every contract made by an authorized broker for the purchase of wheat on behalf of the Board shall be made in accordance with, and shall be deemed to incorporate, the provisions of these regulations so far as applicable to contracts of purchase, and the rights and obligations of the parties shall be determined accordingly.

REGULATION 6.—WHEAT-PURCHASE WARRANTS.

(1) Any person desiring to purchase wheat from the Board shall apply to the Board for a warrant authorizing the person named therein to purchase wheat (hereinafter referred to as a wheat-purchase warrant), and the Board may in its discretion issue or refuse to issue any warrant.

(2) (a) Every wheat-purchase warrant relating to wheat intended to be used for the manufacture of wheat-products for human consumption shall state the name and locality of the mill or factory where such wheat is intended to be so used.

(b) Every person commits an offence who, without the previous written consent of the Board, uses for the manufacture of wheat-products for human consumption any wheat referred to in a wheat-purchase warrant relating to wheat intended to be so used if such manufacture is carried out elsewhere than in the mill or factory, the name and locality of which is stated in the said wheat-purchase warrant.

(3) Every wheat-purchase warrant shall state the amount of wheat which the person named therein is thereby authorized to purchase, and shall contain such conditions and restrictions as the Board thinks fit, either generally or for any particular case.

(4) No wheat-purchase warrant shall be transferred or be assignable or charged otherwise than by operation of law.

(5) The Board may, for any reason which the Board in its absolute discretion thinks sufficient, and without the necessity of giving any preliminary notice of its intention so to do, revoke any warrant, and may give notice of such revocation to authorized brokers and to the person named in the warrant.

(6) Immediately notice of revocation is received by any person such warrant shall cease to be in force, so far as the person so notified is concerned, as an authority for sale of wheat on account of the Board or for a purchase of wheat by the person named in the warrant.

(7) Immediately notice of revocation of a warrant is given to the person named therein such person shall deliver the warrant to the Board for cancellation, unless he furnishes the Board with evidence to the satisfaction of the Board of the loss or destruction of the warrant.

(8) No authorized broker shall sell wheat on account of the Board to any person other than the holder of a wheat-purchase warrant for the time being in force.

(9) No authorized broker shall sell wheat on account of the Board to the holder of a wheat-purchase warrant otherwise than to the extent and subject to the conditions and restrictions appearing in the warrant.

(10) No person shall purchase wheat other than free wheat otherwise than in accordance with the terms of a wheat-purchase warrant issued to that person and for the time being in force.

(11) Every holder of a wheat-purchase warrant, if he be a manufacturer of wheat-products for human consumption, shall, as soon as practicable, purchase and take delivery of the full quantity of each variety of wheat the purchase of which is authorized under such warrant.

(12) If in the opinion of the Board any holder of a wheat-purchase warrant has failed to comply with the last preceding clause of this regulation the Board may withhold the issue of further warrants to such person or may revoke any warrant theretofore issued to such person.