Barley Marketing Act 1993 (SA)

South Australia

Barley Marketing Act 1993

An Act relating to the marketing of barley and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Barley Marketing Act 1993.

3—Interpretation

1. (1)

   In this Act—

ABB Grain Ltd means ABB Grain Ltd A.C.N. 084 962 130;

ABB Grain Export Ltd means ABB Grain Export Ltd A.C.N. 084 962 112;

authorised receiver means a person authorised under Part 4 to receive barley on behalf of ABB Grain Export Ltd;

barley includes the grain known by that name, growing crops of that grain, gristed grain of that name and grain of that name treated in any other manner or by any process converted into the product of grain of that name;

Board means the Australian Barley Board constituted under this Act as in force before the commencement of section 17 of the Barley Marketing (Miscellaneous) Amendment Act 1999;

Board instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

1. (a)

   to which the Board was a party; or

2. (b)

   that was given to or in favour of the Board; or

3. (c)

   that refers to the Board; or

4. (d)

   under which—

   1. (i)

      money is, or may become, payable to or by the Board; or

   2. (ii)

      other property is to be, or may become liable to be, transferred to or by the Board;

grower means—

1. (a)

   a person by whom or on whose behalf, barley is grown or produced for sale; and

2. (b)

   where barley is grown or produced for sale by a partnership or under a share-farming agreement, the members of the partnership or the parties to that agreement,

but does not include a person who grows or produces barley for sale as an employee of another person;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

pooled grain means barley of a season commencing before 1 July 1999 delivered to the Board that became part of a pool established by the Board;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

relevant date means the date fixed under subsection (2) or 30 June 1999, whichever is the earlier;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

season means a period of 12 months commencing on 1 July;

transferred property means property, rights and liabilities that, under Part 11, have vested in, or become liabilities of, ABB Grain Ltd or ABB Grain Export Ltd.

5—Review of operation of Part 4

1. (1)

   The Minister must, at the end of two years from the commencement of this section, review the operation of Part 4.

2. (2)

   A report on the review must be prepared and laid before both Houses of Parliament.

Part 4—Marketing

33—Delivery of barley

1. (1)

   Subject to this Act, a person must not sell or deliver barley to a person other than ABB Grain Export Ltd.

2. (2)

   A person must not transport barley which has been sold or delivered in contravention of subsection (1) or bought in contravention of subsection (4).

3. (3)

   Subsections (1) and (2) do not apply to—

   1. (a)

      barley retained by the grower for use on the farm where it is grown;

   2. (b)

      barley purchased from ABB Grain Export Ltd;

   3. (c)

      barley sold or delivered for consumption in Australia;

   4. (d)

      barley which does not meet the standards determined by ABB Grain Export Ltd.

4. (4)

   A person, other than ABB Grain Export Ltd, must not buy barley from another person except for consumption in Australia.

5. (5)

   Subsections (1) and (4) do not apply to a sale, delivery or purchase of barley for consumption outside Australia if the barley is packed in a bag or in a container not capable of holding more than 50 tonnes of barley and the barley—

   1. (a)

      meets the prescribed standards (if any); and

   2. (b)

      is so packed in accordance with the prescribed requirements (if any).

6. (5a)

   Subsections (1) and (4) do not apply to a sale, delivery or purchase of propagating material of a plant variety covered by a plant breeder's right if the sale, delivery or purchase is for use of the propagating material for a purpose involving the production or reproduction of the propagating material (terms used in this subsection having the same meanings as in the Plant Breeder's Rights Act 1994 of the Commonwealth as in force from time to time).

7. (6)

   The maximum penalty for an offence against this section is—

   1. (a)

      for a first offence—$500 000;

   2. (b)

      for a subsequent offence—$1 000 000.

33A—Authorisation

For the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following are specifically authorised:

1. (a)

   the export of barley by ABB Grain Export Ltd;

2. (b)

   anything done by ABB Grain Export Ltd in connection with the export of barley.

34—Property in barley passes to ABB Grain Export Ltd on delivery

On delivery of barley to ABB Grain Export Ltd, unless it is otherwise agreed or the barley does not meet the standards determined by ABB Grain Export Ltd—

1. (a)

   the property in the barley immediately passes to ABB Grain Export Ltd; and

2. (b)

   the owner of the barley is to be taken to have sold it to ABB Grain Export Ltd at the price for the time applicable.

35—Authorised receivers

1. (1)

   ABB Grain Export Ltd may, by instrument, appoint a person to be an authorised receiver for the purposes of this Act.

2. (2)

   A person may deliver barley to an authorised receiver.

3. (3)

   Delivery of barley to an authorised receiver is, for the purposes of this Act, delivery to ABB Grain Export Ltd.

4. (4)

   An authorised receiver—

   1. (a)

      holds, on behalf of ABB Grain Export Ltd, all barley the property of ABB Grain Export Ltd which is at any time in the receiver's possession;

   2. (b)

      must not part with the possession of any such barley except in accordance with instructions from ABB Grain Export Ltd or from a person authorised by ABB Grain Export Ltd to give such instructions.

36—Declaration of season of barley delivered to ABB Grain Export Ltd

1. (1)

   Any person who, after the declared day in relation to a season, consigns or delivers to an authorised receiver any barley harvested before that day, must make and forward to the authorised receiver a declaration stating the season during which that barley was harvested.

Maximum penalty: $10 000.

1. (2)

   For the purposes of this section—

declared day means the day which, in respect of a season, is declared by ABB Grain Export Ltd by notice in the Gazette, to be the final day for delivery of barley of that season.

37—ABB Grain Export Ltd to market barley

1. (1)

   ABB Grain Export Ltd must market or otherwise dispose of, to the best advantage, all barley delivered to it under this Act.

41—No claim against ABB Grain Export Ltd in respect of rights in barley

A person does not have a claim against ABB Grain Export Ltd in respect of any right, title or interest in barley delivered to ABB Grain Export Ltd.

Part 10—General

73—Annual report

ABB Grain Ltd must give to the Minister a copy of its annual report under the Corporations Law together with such information about the operations of ABB Grain Ltd and ABB Grain Export Ltd as the Minister requires.

74—Regulations

1. (1)

   The Governor may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

2. (2)

   The regulations—

   1. (a)

      may be of general or limited application;

   2. (b)

      may apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the regulation as in force from time to time or as in force at a specified time;

   3. (c)

      may differ according to differences in time, place or circumstances;

   4. (d)

      may impose a maximum penalty of $10 000 for a breach of a regulation.

3. (3)

   Where a code, standard or other document is applied, adopted or incorporated in a regulation—

   1. (a)

      a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at a place approved by the Minister; and

   2. (b)

      in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document.

Part 11—Transfer of property

75—Transfer of property and dissolution of Board

1. (1)

   On the relevant date—

   1. (a)

      the property and rights of the Board, wherever located, other than property and rights in pooled grain or which relate to pooled grain or in shares in ABB Grain Ltd, vest in ABB Grain Ltd; and

   2. (b)

      the liabilities of the Board, wherever located, other than liabilities in respect of pooled grain, become liabilities of ABB Grain Ltd.

2. (2)

   On the relevant date—

   1. (a)

      the property and rights of the Board, wherever located, in pooled grain or which relate to pooled grain vest in ABB Grain Export Ltd; and

   2. (b)

      the liabilities of the Board, wherever located, in respect of pooled grain, become liabilities of ABB Grain Export Ltd.

3. (3)

   The Board is dissolved on the day after the relevant date.

76—Issue and vesting of shares

1. (1)

   Before the relevant date, in consideration for the transfer of property of the Board under section 75—

   1. (a)

      a number of A class shares in ABB Grain Ltd are to be issued to the Board, being a number equal to the number of persons who are to have shares vested in them in accordance with an arrangement determined by the Minister and the Victorian Minister, notice of which has been published in the Gazette; and

   2. (b)

      a number of B class shares in ABB Grain Ltd are to be issued to the Board, being a number equal to the sum of the number of those shares that are to be vested in persons in accordance with an arrangement determined by the Minister and the Victorian Minister, notice of which has been published in the Gazette.

2. (2)

   On the day after the relevant date—

   1. (a)

      a number of A class shares in ABB Grain Ltd are vested in the persons who are to have such shares vested in them in accordance with the arrangement referred to in subsection (1)(a), each such person receiving one such share;

   2. (b)

      a number of B class shares in ABB Grain Ltd are vested in the persons who are to have such shares vested in them in accordance with the arrangement referred to in subsection (1)(b), each such person receiving the number of such shares determined in accordance with that arrangement.

3. (3)

   Each person in whom a share is vested under this section becomes a member of ABB Grain Ltd and will be taken to have consented to be such a member.

4. (4)

   In this section—

A class share means an A class share as provided for in the constitution of ABB Grain Ltd;

B class share means a B class share as provided for in the constitution of ABB Grain Ltd.

1. (5)

   This section has effect despite anything in the Corporations (South Australia) Act 1990.

77—Substitution of party to agreement

If, under section 75, rights and liabilities of the Board under an agreement vest in, or become liabilities of, ABB Grain Ltd or ABB Grain Export Ltd—

1. (a)

   ABB Grain Ltd or ABB Grain Export Ltd, as the case requires, becomes, on the relevant date, a party to the agreement in place of the Board; and

2. (b)

   on and after the relevant date, the agreement has effect as if ABB Grain Ltd or ABB Grain Export Ltd, as the case requires, had always been a party to the agreement.

78—Board instruments

Each Board instrument relating to transferred property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the Board were a reference to ABB Grain Ltd or ABB Grain Export Ltd, as the case requires.

79—Proceedings

If, immediately before the relevant date, proceedings (including arbitration proceedings) relating to transferred property to which the Board was a party were pending or existing in any court or tribunal, then, on and after the relevant date, ABB Grain Ltd or ABB Grain Export Ltd, as the case requires, is substituted for the Board as a party to the proceedings and has the same rights in the proceedings as the Board.

80—Stamp duty

No stamp duty is chargeable in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.

81—Staff

A person who, immediately before the relevant date, was an employee of the Board—

1. (a)

   becomes, on that date, an employee of ABB Grain Ltd with the same rights and entitlements as he or she had immediately before that date; and

2. (b)

   is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Board.

82—Operation of this Part does not place a person in breach of contract etc

To avoid doubt, the operation of this Part is not to be regarded as—

1. (a)

   placing a person in breach of contract or confidence; or

2. (b)

   otherwise making a person guilty of a civil wrong; or

3. (c)

   placing a person in breach of any contractual provision prohibiting, restricting or regulating—

   1. (i)

      the assignment or transfer of any asset, liability, right or obligation; or

   2. (ii)

      the disclosure of any information; or

4. (d)

   releasing any surety from any of the surety's obligations in relation to a liability or obligation that is transferred under this Part.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

  The Barley Marketing Act 1993 was repealed by Sch 2 cl 1 of the Barley Exporting Act 2007 on 1.7.2007.

  Legislation repealed by principal Act

  The Barley Marketing Act 1993 repealed the following:

  Barley Marketing Act 1947

  Principal Act and amendments

  Year	No	Title	Assent	Commencement
  1993	23	Barley Marketing Act 1993	15.4.1993	11.10.1993 (Gazette 7.10.1993 p1677)
  1998	6	Barley Marketing (Application of Parts 4 and 5) Amendment Act 1998	2.4.1998	2.4.1998
  1998	37	Barley Marketing (Deregulation of Stockfeed Barley) Amendment Act 1998	30.7.1998	15.10.1998 (Gazette 13.8.1998 p400)
  1998	44	Wheat Marketing (Grain Deductions) Amendment Act 1998	27.8.1998	15.10.1998 (Gazette 8.10.1998 p1058)
  1999	31	Barley Marketing (Miscellaneous) Amendment Act 1999	10.6.1999	1.7.1999 (Gazette 1.7.1999 p2)
  1999	77	Barley Marketing (Miscellaneous No. 2) Amendment Act 1999	2.12.1999	2.12.1999
  2000	67	Barley Marketing (Miscellaneous) Amendment Act 2000	30.11.2000	30.11.2000

  Provisions amended

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  Pt 1
  s 2	omitted under Legislation Revision and Publication Act 2002
  s 3
  s 3(1)
  ABB Grain Ltd	inserted by 31/1999 s 3(a)	1.7.1999
  ABB Grain Export Ltd	inserted by 31/1999 s 3(a)	1.7.1999
  authorised receiver	substituted by 31/1999 s 3(a)	1.7.1999
  Board	amended by 31/1999 s 3(b)	1.7.1999
  Board instrument	inserted by 31/1999 s 3(c)	1.7.1999
  Committee	deleted by 31/1999 s 3(c)	1.7.1999
  grain	deleted by 31/1999 s 3(c)	1.7.1999
  instrument	inserted by 31/1999 s 3(d)	1.7.1999
  liabilities	inserted by 31/1999 s 3(d)	1.7.1999
  marketing	deleted by 31/1999 s 3(d)	1.7.1999
  oats	deleted by 31/1999 s 3(d)	1.7.1999
  pooled grain	inserted by 31/1999 s 3(d)	1.7.1999
  property	inserted by 31/1999 s 3(d)	1.7.1999
  relevant date	inserted by 31/1999 s 3(d)	1.7.1999
  rights	inserted by 31/1999 s 3(d)	1.7.1999
  Selection Committee	deleted by 31/1999 s 3(e)	1.7.1999
  South Australian Department	deleted by 31/1999 s 3(e)	1.7.1999
  transferred property	inserted by 31/1999 s 3(e)	1.7.1999
  Victorian Act	deleted by 67/2000 s 2(a)	30.11.2000
  Victorian Department	deleted by 31/1999 s 3(f)	1.7.1999
  Victorian Minister	deleted by 67/2000 s 2(a)	30.11.2000
  s 3(2)	substituted by 31/1999 s 3(g)	1.7.1999
  deleted by 67/2000 s 2(b)	30.11.2000
  s 4	deleted by 31/1999 s 4	1.7.1999
  s 5	amended by 6/1998 s 2	2.4.1998
  substituted by 31/1999 s 4	1.7.1999
  substituted by 67/2000 s 3	30.11.2000
  ss 6 and 7	deleted by 67/2000 s 3	30.11.2000
  Pt 2	deleted by 31/1999 s 5	1.7.1999
  Pt 3	deleted by 31/1999 s 5	1.7.1999
  Pt 4
  s 33
  s 33(1)	amended by 31/1999 s 6(a), (b)	1.7.1999
  s 33(2)	amended by 31/1999 s 6(c)	1.7.1999
  s 33(3)	amended by 37/1998 s 3(a)—(c)	15.10.1998
  amended by 31/1999 s 6(d), (e)	1.7.1999
  s 33(4)	amended by 37/1998 s 3(d)	15.10.1998
  substituted by 31/1999 s 6(f)	1.7.1999
  s 33(4a)	inserted by 37/1998 s 3(e)	15.10.1998
  s 33(5)	amended by 37/1998 s 3(f)	15.10.1998
  substituted by 31/1999 s 6(f)	1.7.1999
  s 33(5a)	inserted by 77/1999 s 2	2.12.1999
  s 33(6)	substituted by 31/1999 s 6(f)	1.7.1999
  s 33A	inserted by 31/1999 s 7	1.7.1999
  s 34	substituted by 31/1999 s 8	1.7.1999
  s 35
  s 35(1)	amended by 31/1999 s 9(a)	1.7.1999
  s 35(2)	amended by 31/1999 s 9(c)	1.7.1999
  s 35(3)	amended by 31/1999 s 9(b), (c)	1.7.1999
  s 35(4)	amended by 31/1999 s 9(b)—(d)	1.7.1999
  s 35(5)	amended by 31/1999 s 9(b), (c)	1.7.1999
  deleted by 77/1999 s 3	2.12.1999
  s 36
  s 36(1)	amended by 31/1999 s 10(a)—(c)	1.7.1999
  s 36(2)
  declared day	amended by 31/1999 s 10(a), (d)	1.7.1999
  37
  s 37(1)	amended by 31/1999 s 11(a), (b)	1.7.1999
  s 37(2)	deleted by 31/1999 s 11(c)	1.7.1999
  ss 38 and 39	deleted by 31/1999 s 12	1.7.1999
  s 40	deleted by 44/1998 s 4	15.10.1998
  s 41	amended by 31/1999 s 13	1.7.1999
  Pt 5	amended by 37/1998 ss 4, 5	15.10.1998
  deleted by 31/1999 s 14	1.7.1999
  Pt 6	deleted by 31/1999 s 14	1.7.1999
  Pt 7	deleted by 31/1999 s 14	1.7.1999
  Pt 8	deleted by 31/1999 s 14	1.7.1999
  Pt 9	deleted by 31/1999 s 14	1.7.1999
  Pt 10
  ss 69—72	deleted by 31/1999 s 15	1.7.1999
  s 73	deleted by 31/1999 s 15	1.7.1999
  inserted by 67/2000 s 4	30.11.2000
  s 74
  s 74(1)	amended by 67/2000 s 5(a)	30.11.2000
  s 74(2)	amended by 31/1999 s 16	1.7.1999
  s 74(3)	amended by 67/2000 s 5(b)	30.11.2000
  Pt 11	substituted by 31/1999 s 17	1.7.1999
  s 83	deleted by 67/2000 s 6	30.11.2000
  Sch	deleted by 31/1999 s 18	1.7.1999

  Historical versions

  Reprint No 1—2.4.1998

  Reprint No 2—15.10.1998

  Reprint No 3—1.7.1999

  Reprint No 4—2.12.1999