Wheat Industry Fund Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 394 1

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Wheat Industry Fund Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after being informed by the Minister for Primary Industries and Energy that the Minister has considered a report by the Grains Council of Australia made after consultation with the Australian Wheat Board, make the following Regulations under the Wheat Marketing Act 1989.

Dated 18 November 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations commence on 1 December 1994.

2.   Amendment

2.1   The Wheat Industry Fund Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1 Subregulation 2 (1) (definition of “certificate of equity”):

Omit the definition.

3.2 Subregulation 2 (1):

Insert the following definitions:

“‘buying agent’ has the meaning given in subsection 4 (1) of the Primary Industries Levies and Charges Collection Act 1991;

“‘first purchaser’ has the meaning given in subsection 4 (1) of the Primary Industries Levies and Charges Collection Act 1991;

“‘grower registration number’ means the identification number allocated to a producer by the Board;

“‘producer’ means a producer of wheat within the meaning given in paragraph (b) of the definition of ‘producer’ in subsection 4 (1) of the Primary Industries Levies and Charges Collection Act 1991;

“‘receiver’ has the meaning given in subsection 4 (1) of the Primary Industries Levies and Charges Collection Act 1991;

“‘selling agent’ has the meaning given in subsection 4 (1) of the Primary Industries Levies and Charges Collection Act 1991;

“‘value’ has the meaning given in subsection 4A (1) of the Wheat Industry Fund Levy Act 1989;

“‘WIF number’ means, in relation to a person, the number allocated to the person under subregulation 10C (1);”.

4.   New regulations 6A and 6B

4.1 Insert after regulation 6:

Information about wheat delivered

 “6A.(1) A person who is required to lodge a quarterly return under regulation 9 of the Primary Industries Levies and Charges Collection (Wheat) Regulations must, at the same time as the person lodges the quarterly return, supply the following information to the Secretary of the Department, unless the person has a reasonable excuse for not doing so:

• (a)

  the full name and business address or residential address of the person (not being the address of a post office box or a post office bag);

• (b)

  if the person has a post office box address or a post office bag address—that address;

• (c)

  if the person is a producer who is liable to pay levy:

  • (i)

    the person’s grower registration number or WIF number if the person has been given notice of the number;

  • (ii)

    the month and year of each instance of the liability occurring;

  • (iii)

    the value of the wheat in respect of which each instance of liability applies;

  • (iv)

    the amount of levy paid by the person in respect of each instance of the liability occurring;

• (d)

  if the person is a first purchaser, buying agent, selling agent or receiver who is liable to pay levy on behalf of a producer under subsection 7 (1) or (2) of the Primary Industries Levies and Charges Collection Act 1991—in respect of each producer on whose behalf the liability to pay levy applies:

  • (i)

    the producer’s full name;

  • (ii)

    the producer’s:

    • (A)

      business address or residential address (not being the address of a post office box or a post office bag); or

    • (B)

      if the producer has a post office box address or a post office bag address—that address;

  • (iii)

    the producer’s grower registration number or WIF number if the person has been given notice of the number;

  • (iv)

    the month and year of each instance of the liability occurring;

  • (v)

    the value of the wheat in respect of which each instance of liability applies;

  • (vi)

    the amount of levy paid by the person in respect of each instance of the liability occurring.

 “(2) The person supplying the information referred to in subregulation (1) must lodge with the information a signed declaration that the information is correct in every material particular.

Penalty: 10 penalty units.

How must documents be signed?

 “6B.(1) A document to be signed by a body corporate for the purposes of regulation 6A may be signed by:

• (a)

  a director, secretary or principal officer of the body corporate; or

• (b)

  an individual authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters arising under these Regulations.

 “(2) A document to be signed by a partnership for the purposes of regulation 6A may be signed by:

• (a)

  one of the partners; or

• (b)

  an individual authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters arising under these Regulations.

 “(3) A document to be signed by an individual for the purposes of regulation 6A may be signed by the individual, or by another individual authorised in writing to act on his or her behalf in matters that include matters arising under these Regulations.”.

5.   Regulation 7 (Guarantees by Treasurer)

5.1 Omit the regulation.

6.   Regulation 9 (Statement of equity held by equity holder)

6.1 Insert after paragraph 9 (c):

• “(ca)

  if the person is a producer on whose behalf levy has been paid by a first purchaser, buying agent, selling agent or receiver during the latest WIF financial year to have ended, and the Board has been given the information about the producer given to the Department under regulation 6A:

  • (i)

    the date of each instance of liability in respect of which levy has been paid on behalf of the producer; and

  • (ii)

    the name of each person who has paid levy on behalf of the producer; and

  • (iii)

    the amount of levy paid by each person on behalf of the producer; and

  • (iv)

    the date on which the amount of levy was credited to the Fund under section 81 of the Act; and”.

7.   Regulation 10A (Optional payments to equity holders—all holders)

7.1 Subregulation 10A (5):

Omit “that holder”, substitute “that the holder”.

8.   Regulation 12 (Transfer of equity)

8.1 Subregulation 12 (1):

Omit the subregulation, substitute:

 “12. (1) An equity holder may transfer the equity.”.

9.   New regulation 20

9.1 Insert after regulation 19:

Address of the Secretary

 “20. For the purposes of these Regulations, the Secretary’s address is:

 The Secretary

 Department of Primary Industries and Energy

 PO Box E4488

 Queen Victoria Terrace

 CANBERRA ACT 2600.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 November 1994.

2. Statutory Rules 1990 No. 28 as amended by 1990 No. 417; 1991 Nos. 198 and 315; 1993 No. 245; 1994 No. 254.