Grain Marketing Amendment Act 2001 (NSW)

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An Act to amend the Grain Marketing Act 1991 to limit the application of the Act to certain coarse grains and oilseeds, to provide for the cessation of the vesting of such grains and oilseeds in the New South Wales Grains Board in 2005 and to limit the liability of administrators of the Board; and for other purposes.

1Name of Act

This Act is the Grain Marketing Amendment Act 2001.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Grain Marketing Act 1991 No 15

The Grain Marketing Act 1991 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Long title

Omit “coarse grains and oilseeds”.

Insert instead “barley, canola and grain sorghum”.

[2]Section 3 Definitions

Omit the definitions of coarse grains and oilseeds from section 3 (1).

[3]Section 3 (1), definition of “commodity”

Omit the definition. Insert instead:

commodity means any of the following:

  • (a)

    barley,

  • (b)

    canola,

  • (c)

    grain sorghum.

[4]Section 3 (2A)

Insert after section 3 (2):

(2A)

For the purposes of this Act, a commodity comes into existence at the time that the crop that bears the commodity concerned is harvested and severed from the land.

Note—

See Australian Coarse Grains Pool Pty Ltd v Barley Marketing Board(1985) 157 CLR 605.

[5]Section 3 (3)

Omit the subsection.

[6]Part 2 Administration

Omit Division 3.

[7]Section 24 Winding up and dissolution

Omit section 24 (5).

[8]Section 24 (6)

Omit “, as certified from time to time by the Minister,”.

[9]Section 31 Appointment of administrator

Omit “, as certified from time to time by the Minister,” from section 31 (4).

[10]Section 32 General functions of the Board

Omit “coarse grains and oilseeds”. Insert instead “commodities”.

[11]Section 34 Voluntary deliveries of the commodity

Insert after section 34 (4):

(5)

The Board may not:

  • (a)

    enter into an arrangement under this section on or after 1 October 2005, or

  • (b)

    enter into an arrangement under this section that relates (either in whole or in part) to any commodity that comes into existence on or after that date.

[12]Section 45

Omit the section. Insert instead:

45Vesting of commodities in Board(1)

A commodity is absolutely vested in and is the property of the Board at the time that the commodity comes into existence.

(2)

Subsection (1) does not apply to a commodity referred to in section 34 (3), but on delivery of any such commodity in accordance with the relevant arrangement, the commodity is, unless the arrangement otherwise provides, absolutely vested in and is the property of the Board.

(3)

Any commodity vested in the Board by the operation of subsection (1) or (2) and accepted by the Board is so vested freed from all mortgages, charges, liens, pledges, interests and trusts affecting it, and the rights and interests of every person in the commodity are converted into a claim for payment for the commodity…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.