Wheat Industry Stabilisation Act 1954 (WA)

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1954.]

Wheat Industry Stabilisation. [No. 52.

WHEAT INDUSTRY STABILISATION.

3° Elizabeth II., No. LII.

No. 52 of 1954.

AN ACT relating to the Stabilisation of the Wheat

Industry.

[Assented to 23rd December, 1954.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

This Act may be cited as the Wheat Industry Stabilisation Act, 1954.

Short title.

Commence-

1.

The day of the coming into operation of this Act is the day of the coming into operation of the Commonwealth Act mentioned in section four of this Act.

ment.

2.

3.    (1) The Wheat Marketing Act, 1948-1953, Act Repeal.

No. 75 of 1948 as amended by Acts Nos. 49 of 1949,

7 of 1952 and 2 of 1953, is repealed.

No. 52.] Wheat Industry Stabilisation.

[1954.

(2) Notwithstanding the repeal effected by sub- section (1) of this section, the provisions of the repealed Acts continue to apply,

(a)

as if this Act had not been passed, in rela- tion to wheat harvested before the first day of October, one thousand nine hundred and fifty-three; and

(b)

as if references in the repealed Act to the Australian Wheat Board established by the Wheat Marketing Act, 1948-1953 of the Commonwealth Parliament were, in relation to things done or to be done after the commencement of this Act, references to that Board as continued in existence by, and as conducting its proceedings in accord- ance with, the Commonwealth Act men- tioned in section four of this Act.

(3) Wheat harvested on or after the first day of October, one thousand nine hundred and fifty-three, and delivered to the Board before the coming into operation of this Act, including wheat delivered to a person who was a licensed receiver for the purposes of the Acts repealed by this Act, is deemed to have been delivered in pursuance of section eight of this Act, and any advance payment made by the Board in respect of any such wheat before the commence- ment of this Act is deemed to have been made in pursuance of this Act.

Interpre-

tations.

4. In this Act, unless the contrary intention

appears

"Board" means the Australian Wheat Board continued in existence by the Common- wealth Act;

"Commonwealth Act" means the Wheat Indus- try Stabilisation Act, 1954 of the Common- wealth Parliament, and includes Acts of the Commonwealth Parliament amending or substituted for that Act;

1954.1

Wheat Industry Stabilisation.

[No. 52.

"Commonwealth Minister" means the Minister of State administering the Commonwealth Act, or another Minister of State of the Commonwealth acting for and on behalf of that Minister;

"cost of production" means

(a)

in relation to wheat of the season that ended on the thirtieth day of September, one thousand nine hun- dred and fifty-four—twelve shillings and seven pence per bushel; and

(b)

in relation to wheat of a subsequent season—the cost of production per bushel of wheat of that season as determined in pursuance of section five of the Commonwealth Act;

"guaranteed price," in relation to wheat of a season, means an amount equal to the cost of production of wheat of that season;

"licensed receiver" means a person, firm, com- pany or State authority licensed by the Board to receive wheat on behalf of the Board;

"season," in relation to wheat, means the period of twelve months, commencing on the first day of October in any year, during which the wheat was harvested;

"State Board" means The Western Australian gin? °1

Wheat Board.

i5PY '214 t

5. (1) If, by reason of the Constitution of the Act to apply Commonwealth of Australia, a provision of this Act, EGV:titgion. or a notice under a provision of this Act, cannot

validly apply in relation to any particular wheat or class of wheat, that provision or notice shall be construed as intended to operate in relation to all wheat in relation to which it purports to apply, being wheat in relation to which it can validly apply.

(2) Subsection (1) of this section is in addition to, and not in substitution for, any other provision relating to the construction of Acts and statutory instruments subject to the Constitution of the Commonwealth of Australia.

No. 52.] Wheat Industry Stabilisation.

[1954.

The Western

Wheat

6. (1) The Western Australian Wheat Board as

Australian

Board.

constituted immediately before the coming into

Cf. No. 75 of

1948, s. 4 O.).

operation of this Act, is by and subject to the provisions of this Act continued in existence for the purposes of this Act as the State Board.

to consist of (2) The State Board shall consist of seven persons

State Board

members. appointed to the office of member of the State Board

Cf. No. 75 of

1948, s. 4 (2). by the Governor.

Nomination

or election,

(3) Of the seven persons

and selection

of members

of State

(a)

four persons elected by the Farmers' Union

Board.

Cf. No. 75 of

1948, a 3. as

of Western Australia (Inc.) shall be

amended by

appointed to represent the interests of

No. 49 of

1949, a. 3.

wheat growers;

(b)

one person being the occupant for the time being of the office of Manager of the Co- operative Bulk Handling Limited shall be appointed to represent the interests of licensed receivers;

(c)

one person whose name is selected by the Minister from a panel of three names sub- mitted to him by the W.A. Flour Millowners' Association shall be appointed to represent the interests of flour millers; and

(d)

one person nominated by The Western Australian Government Railways Commis- sion shall be appointed to represent the interests of that Commission.

Power

to appoint

on failure of

(4) If for any reason a person is not elected or

nomination

nominated, as the case requires, for appointment as

or election

a member of the Board to represent the respective interests mentioned in subsection (3) of this section, or having been so elected or nominated does not take office, the Governor may appoint to the office a person to represent the appropriate interest con- cerned.

Tenure of

Cf. Bill for

Mace.

(5) (a) A person appointed under the repealed

monwealth

the Com-

Wheat Marketing Act, 1948-1953 of the State Parlia-

Act,c1. 7 (4).

ment to, and holding office as, a member of the State Board immediately before the coming into operation

1954.]

Wheat Industry Stabilisation. [No. 52.

of this Act continues to be entitled to hold the office

as if appointed under and subject to the provisions

of this Act as member of the State Board.

(b) Without prejudice to the operation of a pro- vision of this Act under which a person ceases earlier to hold office as a member of the State Board, all persons holding office as such cease to hold office as members of the State Board at the expiration of a period of three years from and including the twenty-sixth day of October, one thousand nine hundred and fifty-three, and at the expiration of each successive period of three years or upon the cessation of the existence of the Board during any of those successive periods.

Circum-

(6) Subject to the provisions of this Act, the office of member of the State Board shall become vacant

stances

in which

office

becomes

by reason of the occupant

vacant.

Cf. No.75 of

1948. 5.4 (ft).

(a)

becoming of unsound mind, or being declared, under the provisions of any law for the time being relating to mental infirmity, incapable of managing his affairs;

(b)

becoming bankrupt, or availing himself as a debtor of any law for the relief of bankrupt debtors;

(c)

resigning or dying;

(d)

ceasing, in the opinion of the Minister, to represent the interests which he is appointed to represent;

(e)

being removed from office on the ground of misbehaviour or incapacity.

(7) When any of the offices of member of the tylintment

State Board becomes vacant, otherwise than by cvarcaN1171 r

expiration of the term for which the occupant was 1948.Ta.

appointed, the Governor may appoint to the vacant

office, a person to represent the appropriate interests

concerned for the remainder of that term.

No. 52.] Wheat Industry Stabilisation.

[1954.

Vacancy ha

'office of

(8)

When any office of member elected to repre-

wheat

=growers'

sent the interests of wheat growers, is about to

representa-

tive

become vacant by effluxion of the term for which

'Cf. No.75 of

1948, s. 4

the occupant was appointed, the Farmers' Union of

(7a) added

by No. 49 of

Western Australia (Inc.) shall elect a person for

1948 s.3 (e).

appointment to the vacancy, and the fact that 4 person is an occupant of the office at the time of nomination for the election shall not prejudice his right to nominate.

Deputies.

Cf. No. 75 of

(9)

The Governor may appoint a person nomin- ated by a member of the State Board and approved by the Minister or, if a person is not so nominated, a person nominated by the Minister, to act in the place of the member as his deputy during his absence.

1948. S. 4 (8)

Validity of

functions.

(10) No appointment of, and no act, matter or

Cf. No. 75 of thing done by any person as a deputy for any

1948, s. 4 (9)•

member of the State Board or of or by any person to fill any vacancy in any of the offices of member of the State Board shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

Part time

(11) In respect of the office of member of the

duties and

remunera- State Board no occupant shall be required to devotetion.

Cf. . No.75 of the whole of his time and attention to the duties

1948, s.4 (10). of the office but such time only as shall be necessary

efficiently to discharge those duties, and whether as member of the State Board or a deputy or a person appointed to fill a vacancy, shall be entitled to such remuneration, allowances and leave of absence as shall be determined by the Governor.

Minister

(12) The Minister shall appoint from the members

to appoint

chairman of the State Board, the chairman of the State Board

and his

depUty

and a deputy chairman to act in the place of the

Cf. No. 75 of

1948, 8.4 (1.1). chairman during his absence.

Quorum. (13) Four members of the State Board shall form

Cf. No. 75 of

1948, s. 4 (ia). a quorum and shall have all the powers and duties

conferred upon the State Board by the provisions

of this Act.

resolutions.(14) At any meeting of the State Board the

Majority

Cf. No. 75 of resolution of a majority shall be the resolution of

19

4

8,

s

.

4

vi(s1o2) the State Board, but each member of the State Board

a

n

d

p

r

o

to s. 4 (14).

shall be entitled to one vote only on any question

to be resolved.

1954.] (15) The convention of meetings and conduct of

Wheat Industry Stabilisation.

[No. 52.

Convention

of meetings

proceedings of the State Board shall, subject to

and conduct

of proceed-

ings.

subsection (14) of this section, be as prescribed and

Cf. No. 75 of

until prescribed shall, subject to that subsection, be

1948, 8.4 (14).

regulated by the State Board.

Records to

(16) The State Board shall keep a record of its meetings and proceedings.

be kept.

Cf. No. 75 of

1948, S. 4 (15).

(17) A person is not rendered ineligible for appointment as a member because he has previously occupied office of member of the Board unless he has been removed under subsection (6) of this section for misbehaviour.

(18) From time to time as occasion requires the State Board

State Board shall nominate two of its members who nominate are wheatgrowers for appointment to represent &f,,`,IV,'n wheat growers of the State on the Australian Wheat ralrtdh.

Board.

Cf. No. 75 of1948, s.5 ( / ),

and ci. 7 (1)

the Bill for(j) and 3 of

monwealth

the Com-

CAfat.01. 11 of

(19)

(a) The State Board is authorised to act as

theBill for

a licensed receiver.

the Com-

monwealth

Act.

(b)

Where as the result of an agreement between oottuil(13)

the Commonwealth Minister and the Minister forogrear

m

administering this Act the whole or part of the .i1c5t;ord remuneration or allowances payable to the State No.75 or Board as a licensed receiver is to be paid from the

public moneys of the State, the Consolidated Revenue Fund of the State is hereby appropriated to the necessary extent.

(c)

Nothing in this Act shall be construed so as gar

to render the State liable in respect of the State t° 8'5' or body, the intention being that the State Board in carrying out those functions does so for and on behalf of the Australian Wheat Board.

7. (1) The Board may license, subject to such irig=

conditions as are specified in the license, a person, firm, company or State authority to receive wheat on behalf of the Board, and may cancel or suspend any such license.

No. 52.] Wheat Industry Stabilisation.

[1954.

(2)

The State Board is entitled to a license under

this section.

(3)

An authority, authorised under the provisions of any other Act to receive wheat, shall by force of this subsection be regarded as licensed by the Board as a licensed receiver with the powers and subject to the duties conferred and imposed by those provisions.

(4) When the licensed receiver receives from a grower wheat in new cornsacks the licensed receiver shall

(a)

credit the grower with the weight of that wheat;

(b)

pay the grower an amount equal to the market price of the new cornsacks when received.

Paden of

Bond.

8. (1) The Board may

(a)

purchase wheat, wheaten flour, semolina, corn sacks, jute or jute products;

(b)

accept wheat delivered to it;

(c)

sell or dispose of wheat, wheaten flour, semolina, corn sacks, jute or jute products, the property of the Board;

(d)

grist or arrange for the gristing of wheat, and sell or otherwise dispose of the product of the gristing;

(e)

manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of wheat or other things purchased or otherwise acquired by the Board or sold or otherwise disposed of by the Board; and

(f)

do all things that it is required or permitted by this Act to do or that are necessary or convenient to be done by the Board for giving effect to this Act.

(2) The Commonwealth Minister may give direc- tions to the Board concerning the performance of its functions and the exercise of its powers, and the Board shall comply with those directions.

1954.]

Wheat Industry Stabilisation.

[No. 52.

9. (1) A person who is in possession of wheat— zpert

(a)

may deliver that wheat to the Board; and

(b)

shall deliver that wheat to the Board on demand made under this section by or on behalf of the Board.

(2) Upon delivery of the wheat to the Board, the wheat becomes the absolute property of the Board, freed from all mortgages, charges, liens, pledges, interests and trusts affecting the wheat.

(3) A demand under this section may be made

(a)

by notice in writing served personally on the person to whom it is addressed, or served on that person by post at his usual or last- known place of abode or business; or

(b)

by notice published in the Gazette, in which case it may be addressed to persons gener- ally, or to persons included in a class of persons.

(4) Nothing in this section applies to

(a)

wheat harvested before the first day of October, one thousand nine hundred and fifty-three;

(b)

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

(c)

wheat that has been sold by the Board; or

(d)

wheat sold or delivered to a person with the approval of the Board.

(5) A person shall not

(a)

refuse or fail to comply with a demand made under this section; or

(b)

deliver to the Board wheat which has pre- viously been sold by the Board.

Penalty: Thrice the value of the wheat in respect of which the offence is committed, calculated at the guaranteed price for wheat of the season that is current at the time of the offence, or imprisonment for six months, or both.

10. (1) Delivery of wheat to the Board may be i:ikellvery to

made by delivering or consigning the wheat to a rgetyer.

licensed receiver.

No. 52.]

Wheat Industry Stabilisation.

[1954.

(2) A person who delivers or consigns wheat to a licensed receiver shall, at the same time, furnish to the licensed receiver in writing the names and addresses of all persons known by him to have or to claim an interest in the wheat or in the payment to be made for the wheat, and all particulars known to him of those interests.

(1=g:wised 11. Except as provided in sections nine and ten

with wheat. of this Act, or with the consent of the Board, a

person shall not

(a)

sell, deliver or part with the possession of, or take into his possession, wheat other that wheat specified in subsection (4) of section nine of this Act;

(b)

part with the possession of, or take into his possession, wheat that is the property of the Board; or

(c)

purport to sell or offer for sale, or purport to purchase, or offer to purchase, otherwise than from the Board, wheat that is the property of the Board.

Penalty: Thrice the value of the wheat in respect of which the offence is committed, calculated at the guaranteed price for wheat of the season that is current at the time of the offence, or imprisonment for six months, or both.

Price to be

paid for

12. (1) Where wheat is delivered to the Board

wheat.

in pursuance of this Act, the Board shall pay for that wheat, including, unless payment is made for the cornsacks by a licensed receiver under para- graph (b) of subsection (4) section seven of this Act, in which case the Board shall reimburse the licensed receiver the amount of the payment, the corn sacks, if any, in which the wheat is delivered, an amount determined by the Board in accordance with this section.

(2) The Board shall determine amounts payable under subsection (1) of this section in respect of wheat of a season by

(a)

ascertaining the net proceeds of the dis- posal by the Board of all wheat of that season delivered, whether in pursuance of this Act or otherwise, to the Board in Aus- tralia;

1954.]

Wheat Industry Stabilisation. [No. 52. deducting from the amount so ascertained an amount calculated at the rate of three pence for each bushel of so much of the wheat of that season grown in the State of Western Australia as the Board certifies to the Commonwealth Minister to have become available for export to places outside Aus- tralia;

(b)

(c)

ascertaining the share in the remaining amount of each person entitled to payment under this section, by apportioning that remaining amount amongst the persons who delivered, whether in pursuance of Act or otherwise, wheat of that season to the Board in Australia, on the basis of the number of bushels of wheat so delivered by each of those persons, with proper allowance for differences in the quality of wheat and for transport charges for the carriage of wheat to the terminal port from the place at which the wheat was delivered to the Board, corn sacks in which wheat was supplied to the Board, and other necessary adjustments in particular cases; and

(d)

adding to the share, ascertained under paragraph (c) of this subsection, of each person who delivered to the Board, in the State of Western Australia, wheat of that season grown in that State an amount per bushel of the wheat so delivered by him calculated by dividing the amount deducted under paragraph (b) of this subsection by a number equal to the number of bushels of wheat of that season delivered to the Board in that State.

(3) For the purposes of this section, the Board is not bound to preserve the identity of wheat of a season, and may keep its account in respect of sales in such manner as will, in its judgment, attribute sales to wheat of different seasons, including the season that ended on the thirtieth day of September, one thousand nine hundred and fifty-four, in an equitable manner.

No. 52.] Wheat Industry Stabilisation.

[1954.

The Board is not bound to make a final pay- ment hi respect of wheat of a season until it has disposed of the whole of the wheat of that season delivered, whether in pursuance of this Act or other- wise, to it in Australia, but the Board may, with the approval of the Commonwealth Minister, make from time to time such advance payments as it considers justified.

(4)

Subject to this section, the net proceeds of the disposal of wheat shall, for the purposes of this section, be deemed to be the net return from the disposal of wheat, including corn sacks in which the wheat was sold, after paying the charge imposed by the Wheat Export Charge Act, 1954 of the Common- wealth Parliament, and administration, interest, transport, storage, and other charges incurred by the Board, other than charges for transport to the terminal port from the place at which the wheat is delivered to the Board.

(5)

In ascertaining the net proceeds of the dis- posal of wheat, no account shall be taken of money to which section nineteen of this Act, section twelve C of the Wheat Marketing Act, 1948-1953 of the State Parliament, or a corresponding provision of a Commonwealth Act or an Act of another State, applies or applied or of costs of the Board payable out of those moneys.

(6)

(7) Where the average price, ascertained under subsection (8) of this section, per bushel obtained by the Board for wheat of a season exported by the Board, or sold by the Board for export, is less than the guaranteed price, the net proceeds from the disposal of wheat of that season by the Board shall, for the purposes of this section, be deemed to be increased by the amount that becomes payable to the Board under the Commonwealth Act out of the Wheat Prices Stabilization Fund established by that Act, that is to say, an amount ascertained by multiplying the amount of the difference between that average price and the guaranteed price by a number equal to the number of bushels of wheat of the season exported by the Board, or sold by the Board for export, or by one hundred million, which-

ever is the less.

1954.]

Wheat Industry Stabilisation. [No. 52.

(8) In ascertaining the average price for the purposes of subsection (7) of this section, the price obtained in respect of a sale, other than a sale of fair average quality bulk wheat free on rails at the port of export, shall be deemed to be the price which would have been the corresponding price for a sale of the same quantity of fair average quality bulk wheat free on rails at the port of export.

13. (1) The amount payable under this Act in respect of wheat is payable to the person who would have been entitled to receive the price of the wheat if the wheat had been lawfully sold to the Board at the time of the delivery of the wheat.

Payment by

Board.

(2) The same rights, if any, exist against the person receiving an amount paid by the Board under this Act in respect of wheat as would exist if the money so paid were the proceeds of a sale or purported sale of the wheat by him, and the rights, if any, may be enforced by action in any court that would have had jurisdiction if the money were the proceeds of such a sale or purported sale.

Payment in good faith by the Board of money payable under this Act to the person appearing to the Board to be entitled to receive it discharges the Board from further liability in respect of the money.

(3)

Except in the case of a registered crop lien or an assignment mentioned in subsection (5) of this section, an assignment executed after the coming into operation of this Act, of money payable by the Board in respect of wheat delivered to the Board is void as against the Board.

(4)

(5) Where a person assigns money payable to him by the Board in respect of wheat delivered or to be delivered to the Board in payment of, or as security for payment of,

(a)

an amount payable by that person for corn sacks supplied to him; or

(b)

a contribution by that person to the Soil Fertility Research Fund mentioned in the Soil Fertility Research Act, 1954, being a contribution made payable to the Trustees of that Fund;

No. 52d Wheat Industry Stabilisation.

[1954.

the Board may pay the money in accordance with the assignment and an assignment for payment of a contribution to the Soil Fertility Research Fund is exempt from stamp duty under the Stamp Act, 1921.

Declaration

to be

14. (1) A person who-

furnished

as to old

season's

(a)

consigns or delivers to a licensed receiver

wheat.

wheat harvested before the fifteenth day of September, one thousand nine hundred and fifty-four; or

(b)

consigns or delivers to a licensed receiver, after the final delivery day in respect of a season, wheat harvested in that season,

shall make and forward to the licensed receiver a declaration correctly stating the season during which the wheat was harvested.

(2) For the purposes of this section, the final delivery day in respect of a season is the day declared to be the final delivery day in respect of that season by notice published in the Commonwealth of Aus- tralia Gazette under the Commonwealth Act.

Entry of

premises,

15. (1) A member of the Police Force or other

seizure of

wheat, etc.

person who is authorised by the Board or the Chair-

man of the Board to act under this section may

(a)

at all reasonable times, enter premises and inspect stocks of wheat or corn sacks, and accounts, books and documents relating to wheat or corn sacks; and

(b)

take possession of and remove wheat that is the property of the Board or the delivery of which has been lawfully demanded by the Board, or corn sacks that are the property of the Board.

A person shall not hinder or obstruct a person in the exercise of powers under this section.

(2)

(3) Wheat, other than wheat which is the

property of the Board, of which possession is taken

under subsection (1) of this section shall, for the

1954.1

Wheat Industry Stabilisation.

[No. 52.

purposes of this Act, but without affecting the liability of a person for an offence, be deemed to be delivered to the Board under this Act.

Board

16. (1) For the purposes of this Act the Board

may require

may, by notice in writing served on the person to

returns.

whom it is addressed either

(a) personally; or

(b)

by post at his last-known place of abode or business,

require a person to furnish in writing to the Board, within the time specified in the notice, such informa- tion relating to wheat, wheaten flour, semolina, corn sacks, jute, or jute products, as is specified in the notice.

(2) A person shall not, without reasonable

excuse

(a)

refuse or fail to comply with a requirement under this section; or

(b)

furnish to the Board information which is false or misleading in any particular.

17.   A person having wheat the property of the net cg:

Board in his possession or under his care shall gylviriabty exercise proper care and take all proper and reason- Board.

able precautions to preserve and safeguard that wheat and to keep it free from damage or deteriora- tion.

Home

18.

(1) In this section—

consumption

price of

"export parity," in relation to sales made in a wheat.

year, means the price that the Common- wealth Minister certifies to the Board to be the price which he is satisfied was the price, expressed in Australian currency per bushel, prevailing immediately before the com- mencement of that year for sales by the Board on the export market of bulk wheat of fair average quality free on rails at the ports of export;

No. 52.] Wheat Industry Stabilisation.

[1954.

"the International Wheat Agreement price," in relation to sales made in a year, means the amount which the Commonwealth Minister certifies to the Board to be the amount which he is satisfied is the equivalent, in Australian currency and on the basis of sales free on rails at the ports of export, of the price per bushel prevailing immedi- ately before the commencement of that year for sales by the Board under an Inter- national Wheat Agreement of bulk wheat of fair average quality;

"year" means the period of twelve months commencing on the first day of December, one thousand nine hundred and fifty-four, and each subsequent period of twelve months.

(2) The price at which the Board shall sell wheat for manufacture into wheat products for human consumption in Australia, or wheat for consumption in Australia by pigs, poultry or dairy stock, is the appropriate price ascertained in accordance with this section.

(3) Subject to this section, the price per bushel in respect of a wholesale sale of bulk wheat of fair average quality free on rails at a port of export shall be

(a)

the International Wheat Agreement price or, if, at the beginning of the year in which the sale is made, there is not in operation an International Wheat Agreement that has been accepted by Australia, export parity;

Or

(b) fourteen shillings;

whichever is the less.

(4) If the price applicable to a sale under subsec- tion (3) of this section is less than the cost of production of wheat of the season that is current at the beginning of the year in which the sale is made, the price shall, subject to subsection (5) of this section, be an amount per bushel equal to that cost of production.

1954.]

Wheat Industry Stabilisation. [No. 52.

(5) The price applicable under either subsection (3) or (4) of this section shall be increased by an amount of one penny half-penny per bushel for the purpose of reimbursing the Board for the costs of shipment of wheat to Tasmania.

(6) If the Board reports to the Commonwealth Minister that the amounts being received by the Board by reason of the operation of subsection (5) of this section, together with amounts being received under corresponding provisions of the Common- wealth Act and the laws of the other States, are more or less than the amounts required to meet the costs of shipment of wheat by the Board to Tasmania,

Cf. s. 8 (2)

the Commonwealth Minister may direct the Board

ante as to directions.

that the amount per bushel specified in that sub- section shall be reduced or increased to such extent as he considers necessary.

(7)

The price in respect of a sale, other than a sale specified in subsection (3) of this section, shall be a price ascertained by adding to or deducting from the price applicable to sales so specified, an amount that makes a proper allowance for the quality of the wheat, the conditions of sale and the place of delivery.

(8) Notwithstanding the repeal of section twelve B of the Wheat Marketing Act, 1948-1953 of the State Parliament,

(a)

the prices for sales of wheat by the Board that were applicable under that section immediately before the coming into opera- tion of this Act continue to be applicable to sales made before the first day of Decem- ber, one thousand nine hundred and fifty- four; and

(b)

ail money received by the Board in respect of such sales by reason of the operation of subsection (5) or (6) of that section shall be deemed to be money to which subsection (1) of section nineteen of this Act applies.

No. 52.]

Wheat Industry Stabilisation.

[1954.

Special

account for

19. (1) Notwithstanding any other provision of

freight to

Tasmania.

this Act but subject to this section, the Board shall keep a separate account of money received by the Board by reason of the operation of subsections (5) and (6) of section eighteen of this Act, and of pay- ments made out of that money, and shall not apply that money except in accordance with this section.

The Board may combine the account required to be kept under subsection (1) of this section with any similar account or accounts be to kept by it under the Commonwealth Act or under the law of another State or States.

(2)

The Board shall use the money referred to in subsection (1) of this section in meeting the costs of shipment of wheat by the Board to Tasmania on and after the first day of December, one thousand nine hundred and fifty-three, and shall not use for that purpose any other money derived by it from the sale of wheat delivered to it in pursuance of this Act.

(3)

(4) Any money referred to in subsection (1) of this section which remains unexpended after the Board has disposed of the whole of the wheat of the last season to which this Act applies delivered to the Board in Australia shall be applied by the Board for the benefit of the wheat industry in such manner as the Commonwealth Minister, after consultation with the appropriate Minister of each State, directs.

(5) Any money paid by the Board, before the commencement of this Act, in pursuance of section twelve C of the Wheat Marketing Act, 1948-1953, of the State Parliament, to the credit of the account kept for the purposes of that section and not expended before the commencement of this Act shall be deemed to be money to which subsection (1) of this section applies.

Use of funds

by Board.

20. Subject to the Board's paying or making provision for the payment of amounts required to be paid by it under this Act, nothing in this Act shall be deemed to prevent the Board from applying

1954.]

Wheat Industry Stabilisation.

[No. 52.

money received by it by reason of the exercise of its functions under this Act for the purposes of the Commonwealth Act or an Act of another State relat- ing to the marketing of wheat.

21.    (1) A person who omits to do what he is Offences.

required under this Act to do, or does what he is prohibited under this Act from doing, commits an offence against this Act.

(2) A person who commits an offence against this Act is liable to the penalty expressly mentioned as the punishment for the offence, but where no penalty is expressly mentioned, is liable to a fine of one hundred pounds or imprisonment for six months, or both.

22. The Governor may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for providing for penalties not exceeding a fine of one hundred pounds or imprisonment for six months, or both, for offences against the regulations.

Regulations.

23.

harvested after the thirtieth day of September, one

thousand nine hundred and fifty-eight.

This Act does not apply in relation to wheat °yro.

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