Wheat Export Marketing Act 2008

Administered by Department of Agriculture

Legislation au C2008A00065 Not in force Act

Legislation content

Wheat Export Marketing Act 2008

No. 65, 2008 as amended

Compilation start date:  1 July 2014

Includes amendments up to: Act No. 62, 2014

 

About this compilation

This compilation

This is a compilation of the Wheat Export Marketing Act 2008 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 8 August 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Introduction

1 Short title

2 Commencement

3 Objects

4 Simplified outline

5 Definitions

Part 2—Access test

Division 1—Requirement to pass the access test

7 Requirement to pass the access test—general rule

7A Requirement to pass the access test—transitional rule

8 Exports of wheat

Division 2—Access test

9 Access test

Division 3—Application of the Customs Act 1901

10 Application of the Customs Act 1901

11 Delegation by the Secretary

Division 4—Code of conduct

12 Minister to approve code of conduct

Part 3—Information‑gathering powers

Division 1—Secretary may obtain information and documents

25 Secretary may obtain information and documents

27 Copies of documents

28 Secretary may retain documents

Division 2—ACCC may obtain information and documents etc.

29 ACCC may obtain information and documents etc.

Part 5—Wheat Industry Special Account

Division 6—Wheat Industry Special Account

58 Wheat Industry Special Account

59 Credits to the Wheat Industry Special Account

60 Purpose of the Wheat Industry Special Account

Part 6—Review of decisions

72 Review by the Administrative Appeals Tribunal

Part 8—Civil penalty orders

75 Simplified outline

76 Civil penalty orders

77 Who may apply for a civil penalty order

78 2 or more proceedings may be heard together

79 Time limit for application for an order

80 Civil evidence and procedure rules for civil penalty orders

81 Civil proceedings after criminal proceedings

82 Criminal proceedings during civil proceedings

83 Criminal proceedings after civil proceedings

84 Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings

85 Mistake of fact

86 State of mind

Part 9—Miscellaneous

86A Operation of certain State and Territory laws

87 Sharing information

88 Compensation for acquisition of property

90 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation…

Overview

The Wheat Export Marketing Act 2008 was enacted by the Parliament of Australia to address the need for regulation in the export of wheat, particularly focusing on the operations of bulk wheat exporters and port terminal services. This Act aims to promote the efficiency and profitability of the wheat export marketing industry while ensuring fair and transparent access to port terminal services for wheat exporters. One of the primary objectives of this legislation is to establish a regulatory framework that supports the competitiveness of all sectors within the wheat supply chain. The Act introduces provisions for an access test, which port terminal service providers must pass to ensure fair access for wheat exporters. Additionally, it outlines information-gathering powers for the Secretary and the Australian Competition and Consumer Commission (ACCC) to monitor compliance with the Act's provisions. The Wheat Export Marketing Act 2008 also provides for civil penalty orders for breaches of civil penalty provisions, establishing a system of accountability and deterrence for non-compliance.

Scope and Application

The Wheat Export Marketing Act 2008 is a Commonwealth Act that applies to the export of wheat in bulk, excluding exports in bags or containers holding up to 50 tonnes of wheat. The Act applies to providers of port terminal services and associated entities, and exporters of wheat who either provide port terminal services or have an associated entity that does so. The Act requires that providers of port terminal services must pass an access test in relation to their services if they are used to export wheat or if they are associated with an entity that exports wheat. This requirement also applies to providers of port terminal services who were accredited wheat exporters immediately before the commencement of a specific section of the Act. The Act mandates that wheat cannot be exported using a port terminal service if the person required to pass the access test did not do so within the previous 12 months. Exemptions from these requirements can be made by the Secretary under certain conditions. The Act also allows for the approval of a code of conduct by the Minister to ensure fair and transparent access to port terminal services by wheat exporters. The Act authorises the Secretary and the Australian Competition and Consumer Commission to gather information and documents related to the Act's provisions, with penalties for non-compliance. The Act further provides for the establishment of a Wheat Industry Special Account to fund measures or programs that assist the wheat export industry, subject to ministerial approval. Decisions made by the Secretary can be reviewed by the Administrative Appeals Tribunal, and the Act outlines procedures for civil penalty orders for contraventions of specified provisions. The Act also includes provisions for the sharing of information between relevant entities and addresses potential acquisitions of property under the Act or the wheat export accreditation scheme. The Act's application and enforcement may be supplemented by subordinate instruments, though none are currently in effect.

Key Provisions

  • The Wheat Export Marketing Act 2008 (Cth) regulates the export of wheat, excluding wheat exported in bags or containers with a capacity of 50 tonnes or less. The Act mandates that providers of port terminal services and associated entities must pass an access test to export wheat through these services. The access test requires compliance with continuous disclosure rules, which include maintaining updated information on the provider's website regarding the management of demand for the service and the loading details for each ship scheduled to load grain using the port terminal service. These rules ensure transparency and access to the port terminal services for wheat exporters. The Act also allows for the Secretary to obtain relevant information and documents from individuals or entities to determine compliance with the access test requirements. Non-compliance with these provisions constitutes a civil penalty provision, with potential penalties determined by the Federal Court based on the nature and extent of the contravention, among other factors. Additionally, the Act establishes the Wheat Industry Special Account for funding measures or programs aimed at assisting the wheat export industry, subject to ministerial approval.

Legal classification tags

Area of Law
Commercial Law
Regulatory Standards
Instrument
Act
Concepts
Commencement Provisions
Enforcement Powers
Civil Penalty Provisions
Regulatory Standards
Licensing & Registration
Regulatory Oversight
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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.