Wheat Industry Stabilization Act 1968 (Cth)
WHEAT INDUSTRY STABILIZATION ACT 1968 [Note: This Act is "repealed" by Act No. 62 of 1974]
(#DATE 19:12:1973)
(#DATE 19:12:1973)
Compilation Information - Reprinted as at 19 December 1973
WHEAT INDUSTRY STABILIZATION ACT 1968 - TABLE OF PROVISIONS TABLE
WHEAT INDUSTRY STABILIZATION ACT 1968
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Repeal and savings
5. Definitions
6. Seasons to which Act applies
7. Guaranteed price
PART II-THE AUSTRALIAN WHEAT BOARD
8. Australian Wheat Board
9. Membership of Board
10. Removal from office and resignation
11. Meetings of Board
12. Executive Committee
13. Powers of Board
14. Indemnity
15. Appointment of officers
16. Licensed receivers
17. Overseas agents
PART III-DELIVERY OF WHEAT TO THE AUSTRALIAN WHEAT BOARD
18. Delivery of wheat in the Australian Capital Territory
19. Delivery to licensed receiver
20. Unauthorized dealings with wheat
21. Price to be paid for wheat
21A. Quota seasons
22. Payment by Board
23. Declaration to be furnished as to old season's wheat
24. Entry of premises, seizure of wheat, &c.
25. Board may require returns
26. Proper care to be taken of wheat owned by Board
27. Home consumption price of wheat
27AA. Home consumption price of wheat for 1973-1974
27A. Price of wheat for use in Australia otherwise than for human
consumption
28. Special account for freight to the State of Tasmania
PART IV-FINANCE
29. Finance
30. Arrangement with Reserve Bank for advances
31. Wheat Prices Stabilization Fund
32. Refunds from Fund
33. Audit
34. Remuneration and allowances of licensed receivers
PART V-MISCELLANEOUS
35. Operation of State laws
36. Offences
37. Regulations
WHEAT INDUSTRY STABILIZATION ACT 1968 - LONG TITLE SECT
WHEAT INDUSTRY STABILIZATION ACT 1968
An Act relating to the Marketing of Wheat and the Stabilization of the Wheat Industry.
WHEAT INDUSTRY STABILIZATION ACT 1968 - PART I
PART I-PRELIMINARY
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 1.
Short title.SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Wheat Industry Stabilization Act 1968.*
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 2.
Commencement.SECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 159, 1973, s. 3.
* * * * * * * *
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 4.
Repeal and savings.SECT
4. (1) The Wheat Industry Stabilization Act 1963 and the Wheat Industry Stabilization Act 1965 are repealed.
Amended by No. 159, 1973, s. 13.(2) Notwithstanding the repeals effected by the last preceding sub-section, but subject to the next succeeding sub-section, any provisions of an Act that would, but for that repeal, have continued to apply to, or in relation to, wheat harvested before 1 October 1968, continue so to apply, but this sub-section does not prejudice the application to, or in relation to, any such wheat of a provision of this Act that is expressed to apply to, or in relation to, wheat of any season.
(3) Any moneys paid to the Board by the Commonwealth in respect of losses, in relation to wheat of a season to which the Wheat Industry Stabilization Act 1963, or that Act as amended, applied, arising from the devaluation of sterling and other currencies shall be deemed to have been and to be part of the net return from the disposal by the Board of wheat of that season.
(4) A reference in any of the provisions referred to in sub-section (2) of this section to the Australian Wheat Board established or continued in existence by any of those provisions shall, in relation to things done or to be done after the commencement of this Act, be read as a reference to the Board as continued in existence by this Act and conducting its proceedings in accordance with this Act.
Amended by No. 159, 1973, s. 13.(5) Wheat harvested on or after 1 October 1968, and delivered to the Board before the commencement of this Act by a person who was in possession of the wheat in the Australian Capital Territory (including wheat delivered to a person who was a licensed receiver for the purposes of the Wheat Industry Stabilization Act 1963-1966) shall be deemed to have been delivered in pursuance of section 18 of this Act, and any advance payment made by the Board in respect of any such wheat before the commencement of this Act shall be deemed to have been made in pursuance of this Act.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 5.
Definitions.SECT
Amended by No. 38, 1970, s. 3; No. 159, 1973, ss. 4 and 13; and No. 216, 1973, s. 3.
5. In this Act, unless the contrary intention appears-
''licensed receiver'' means a person, firm, company or State authority licensed by the Board to receive wheat on behalf of the Board;
''member of the Board'' includes the Chairman;
''quota season'' means the season that commenced on 1 October 1969 or any of the next four succeeding seasons;
''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 a Board or Committee established by a law of a State (whether before or after the commencement of this Act) to perform functions in relation to wheat, and having power (whether conferred specifically or otherwise) to act as agent of the Australian Wheat Board;
''the appropriate Minister'', in relation to a State, means the Minister of State of the State administering the Department of the State dealing with agricultural matters, and includes a Minister of State of that State acting on behalf of that Minister;
''the Board'' means the Australian Wheat Board continued in existence by this Act;
''the Chairman'' means the Chairman of the Board;
''the guaranteed price'', in relation to wheat of a season, means the amount fixed by, or determined in pursuance of, section 7 as the guaranteed price in respect of wheat of that season;
''wheat'' means wheat of a season referred to in sub-section (1) of the next succeeding section;
''wheat products'' has the same meaning as in the Wheat Export Charge Act 1968.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 6.
Seasons to which Act applies.SECT
Sub-section (1) amended by No. 159, 1973, s. 5.
6. (1) Subject to this section, this Act applies in relation to the season that commenced on 1 October 1968, and each of the next seven succeeding seasons.
Amended by No. 159, 1973, ss. 5 and 13.(2) Sub-sections (7) and (8) of section 21, and sections 31 and 32, apply only in relation to the season that commenced on 1 October 1968, and the next five succeeding seasons.
Section 6A repealed by No. 159, 1973, s. 6.
* * * * * * * *
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 7.
Guaranteed price.SECT
Sub-section (1) amended by No. 159, 1973, s. 13.
7. (1) For the purposes of this Act, the guaranteed price of wheat of the season that commenced on 1 October 1968, is One dollar forty-five cents per bushel.
(2) For the purposes of this Act, the Minister shall, before the first day of December in each of the four seasons next following the season referred to in the last preceding sub-section, after consultation with the appropriate Minister of each State, fix an amount as the guaranteed price of wheat of the season, and shall, before that day or as soon as practicable after that day, notify in the Gazette the amount so fixed.
Amended by No. 159, 1973, s. 13.(3) In fixing the guaranteed price of wheat of a season the Minister shall-
(a) take as a basis the amount fixed by sub-section (1) as the guaranteed price of wheat of the season that commenced on 1 October 1968; and
(b) make such increase or decrease, if any, in that amount as he considers appropriate by reason of increases or decreases in prices, wages or rates of charges (including rates of interest) payable in connexion with-
(i) the carrying on of operations wholly or partly for the purposes of the production of wheat; or
(ii) the transport, handling or storage of wheat.
Added by No. 159, 1973, s. 7.(4) For the purposes of this Act, the guaranteed price of wheat of the season that commenced on 1 October 1973 is Fifty-eight dollars seventy-nine cents per tonne.
WHEAT INDUSTRY STABILIZATION ACT 1968 - PART II
PART II-THE AUSTRALIAN WHEAT BOARD
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 8.
Australian Wheat Board.SECT
8. (1) The Australian Wheat Board that was, immediately before the commencement of this Act, in existence by virtue of the Wheat Industry Stabilization Act 1963-1966 is, by force of this section and subject to this Act, continued in existence for the purposes of this Act.
(2) The Board continues to be a body corporate with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property and is capable of suing and being sued in its corporate name.
(3) All courts, judges and persons acting judicially-
(a) shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed; and
(b) shall take judicial notice of the signature of a person who is or has been the Chairman of the Board and of the fact that he is or was the Chairman.
(4) The exercise or performance of a power or function by the Board is not invalidated by reason only of a vacancy or vacancies in the membership of the Board.
(5) A notice, authority or communication given or made by the Board shall be sufficiently authenticated if signed by the Chairman on behalf of the Board, and a notice, authority or communication so signed shall, in the absence of proof to the contrary, be deemed to have been given or made in pursuance of a resolution of the Board.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 9.
Membership of Board.SECT
9. (1) The Board shall consist of-
(a) a Chairman;
(b) a finance member;
(c) a representative of flour mill owners;
(d) a representative of employees;
(e) two wheat growers representing wheat growers in the State of New South Wales;
(f) two wheat growers representing wheat growers in the State of Victoria;
(g) two wheat growers representing wheat growers in the State of Queensland;
(h) two wheat growers representing wheat growers in the State of South Australia; and
(i) two wheat growers representing wheat growers in the State of Western Australia.
(2) The Chairman of the Board, and the members specified in paragraphs (b), (c) and (d) of the last preceding sub-section, shall be appointed by the Minister.
(3) A member representing wheat growers in a State shall be appointed in the following manner:-
(a) if there is a State Board in the State-he shall be appointed by the Minister from amongst the members of the State Board, on the nomination of the State Board; or
(b) if there is no State Board in the State-he shall be appointed by the Minister after being elected by wheat growers in the State in accordance with the regulations.
Sub-section (4) omitted by No. 216, 1973, s. 3.
* * * * * * * *
(5) Without prejudice to the operation of a provision of this Act under which a member of the Board ceases to hold office on an earlier day-
(a) all members of the Board holding office on the first day after the commencement of this Act that is a day at the end of which the terms of office of all members of the Board would have expired if this Act had not been enacted cease to hold office at the end of that day; and
(b) all members of the Board cease to hold office on the expiration of each successive period of three years after that day.
Amended by No. 159, 1973, s. 13.(6) A member of the Board appointed in accordance with paragraph (a) of sub-section (3) ceases to hold office if he ceases to be a member of the State Board.
Amended by No. 159, 1973, s. 13.(7) Where, after the appointment of a member of the Board in accordance with paragraph (b) of sub-section (3) to represent wheat growers in a State, a State Board is constituted in that State, that member ceases to hold office on the day as from which members of the Board are appointed from amongst the members of the State Board.
Amended by No. 159, 1973, s. 13.(8) The appointment of a member of the Board under sub-section (3) is not invalidated by reason of a defect or irregularity in, or in connexion with, his nomination or election.
Amended by No. 159, 1973, s. 13.(9) Whenever-
(a) a casual vacancy occurs in the office of a member of the Board, being an office to the filling of which paragraph (b) of subsection (3) is applicable; or
(b) upon a State Board having ceased to exist, it is, in the opinion of the Minister, desirable to appoint a person temporarily to such an office pending the appointment of an elected person to occupy it,
the Minister may, after consultation with the appropriate Minister of the State concerned, appoint a wheat grower in the State to that office, but the person so appointed ceases to hold office on the day as from which a person elected by wheat growers is appointed to the office.
(10) A member of the Board is entitled to such remuneration and allowances as the Governor-General determines.*
(11) A member of the Board is eligible for re-appointment.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 10.
Removal from office and resignation.SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
10. (1) The Minister may remove from office a member of the Board if-
(a) he becomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors;
(b) except with the leave of the Board, he absents himself from three consecutive meetings of the Board;
(c) he is convicted of an offence punishable under the law of the Commonwealth or of a State or Territory by imprisonment for one year or longer; or
(d) he becomes incapable of performing his duties.
(2) A member of the Board may resign his office by writing under his hand delivered to the Minister.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 11.
Meetings of Board.SECT
11. (1) Meetings of the Board shall be held at such times and places as the Board from time to time determines.
(2) A meeting of the Board may be called by the Chairman.
(3) At a meeting of the Board a majority of the persons who are for the time being members of the Board forms a quorum.
(4) The Chairman shall preside at all meetings of the Board at which he is present.
(5) In the absence of the Chairman, the members present shall elect one of their number to preside.
(6) A question arising at a meeting of the Board shall be decided by a majority of the votes of the members present and voting.
(7) The Chairman or other member presiding at a meeting of the Board has a deliberative vote and also, in the event of an equality of votes, a casting vote.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 12.
Executive Committee.SECT
12. (1) The Board may appoint any of its members to be an Executive Committee, and may delegate to that Committee such of its powers and functions as the Board, subject to any direction of the Minister, determines.
(2) A delegation under this section is revocable at the will of the Board, and does not prevent the exercise of a power or the performance of a function by the Board.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 13.
Powers of Board.SECT
Sub-section (1) amended by No. 216, 1973, s. 3.
13. (1) The Board may, for the purposes of the export of wheat and wheat products from Australia, the interstate marketing of wheat and the marketing of wheat in the Territories, or for the purposes of, or purposes incidental to, an international agreement to which Australia is a party-
(a) purchase wheat, wheaten flour, semolina, corn sacks, jute or jute products;
(b) accept the delivery of wheat to it;
(c) sell or dispose of, or make agreements for the sale or disposal of, wheat, wheaten flour, semolina, corn sacks, jute or jute products;
(d) grist or arrange for the gristing of wheat, and sell or otherwise dispose of the products of the gristing;
(e) manage and control all matters connected with, or arising out of, the handling, storage, protection, treatment, transfer, shipment or sale 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 the Board is required or permitted by this Act to do or that are conducive to the exercise of the foregoing powers or are necessary or convenient to be done by the Board for giving effect to this Act.
(2) Where a person exports, or proposes to export, wheat products, the Board may-
(a) pay to that person such amount; or
(b) require that person, as a condition of the granting by the Board of consent to the export, to pay to the Board such amount,
as the Board thinks fit having regard to selling prices of the Board for wheat sold for export and for wheat sold otherwise than for export, respectively.
(3) The Minister may give directions to the Board concerning the performance of its functions and the exercise of its powers, and the Board shall comply with those directions.
(4) The Board may refer to a State Board for advice a matter affecting wheat in the State concerned.
(5) Nothing in this Act prevents the Board from exercising or performing, unless the Minister otherwise directs, a capacity, power, function or duty conferred or imposed upon it by a State Act.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 14.
Indemnity.SECT
14. A member of the Board is not personally liable for an act of the Board or of the member acting as such.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 15.
Appointment of officers.SECT
15. (1) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions.
(2) Officers appointed in pursuance of this section are not subject to the Public Service Act 1922-1968 but shall be employed on such terms and conditions (including conditions with respect to punishment for breaches of discipline) as, subject to the approval of the Public Service Board, are determined by the Board.
(3) A person employed by the Board immediately before the commencement of this Act shall be deemed to have been appointed under this section.
(4) A determination by the Board of terms and conditions of employment of officers of the Board that was in force immediately before the commencement of this Act continues in force, subject to any determination made under this section.
Amended by No. 216, 1973, s. 3.(5) Where an officer appointed or deemed to be appointed under this section was, immediately before his appointment as an officer of the Board (or, in the case of an officer who, immediately before that appointment, was an officer of the Australian Wheat Board established by the National Security (Wheat Acquisition) Regulations, immediately before his appointment as an officer of the last-mentioned Board), an officer of the Public Service of the Commonwealth-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service as an officer of the Board, or as an officer of each of those Boards, as the case may be, shall be taken into account as if it were service in the Public Service of the Commonwealth; and
(c) the Officers' Rights Declaration Act 1928-1968 applies as if service as an officer of the Australian Wheat Board established by the National Security (Wheat Acquisition) Regulations, and service as an officer of the Board before the commencement of this Act, had been service under this Act.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 16.
Licensed receivers.SECT
16. (1) Subject to this section, the Board may grant a licence in writing, subject to such conditions as are specified in the licence, to a person, firm, company or State authority to receive wheat on behalf of the Board, and may cancel or suspend any such licence.
(2) A State Board or other State authority authorized under a State Act to act as a receiver of wheat is entitled to a licence under this section.
(3) A licence to receive wheat on behalf of the Board that was in force immediately before the commencement of this Act shall be deemed to have been granted under this section.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 17.
Overseas agents.SECT
17. The Board may, subject to the approval of the Minister, enter into an agreement with a person or authority in a place outside Australia providing for that person or authority to act as the agent of the Board in respect of such matters and for such remuneration as are provided in the agreement.
WHEAT INDUSTRY STABILIZATION ACT 1968 - PART III
PART III-DELIVERY OF WHEAT TO THE AUSTRALIAN WHEAT BOARD
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 18.
Delivery of wheat in the Australian Capital Territory.SECT
18. (1) Subject to this Act, a person who is in possession of wheat in the Australian Capital Territory may deliver that wheat to the Board.
(2) Subject to this section, the Board may-
(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 and addressed to persons generally or to persons included in a class of persons,
require the person or each person, as the case may be, to whom the notice is addressed-
(c) to deliver to the Board, in accordance with any directions in the notice, any wheat that is in the possession of that person in the Australian Capital Territory; or
(d) to deliver to the Board, in accordance with any directions in the notice, any wheat that, during such period as is specified in the notice, comes into the possession of that person in the Australian Capital Territory.
(3) Upon delivery of wheat to the Board under this section, the wheat (including any corn sacks in which the wheat is contained) becomes the absolute property of the Board, freed from all mortgages, charges, liens, pledges, interests and trusts.
(4) Nothing in this section applies to-
(a) wheat retained by the grower for use on the farm where it is grown;
(b) wheat that has been sold by the Board; or
(c) wheat sold or delivered to a person with the approval of the Board.
Amended by No. 159, 1973, s. 13.(5) A person shall not-
(a) without reasonable excuse, refuse or fail to deliver any wheat to the Board as required by a notice under sub-section (2); or
(b) deliver to the Board wheat that has previously been sold by the Board.
Penalty: An amount calculated, in respect of the number of bushels of the wheat in respect of which the offence is committed, at the rate of-
(a) an amount per bushel equal to three times the guaranteed price for wheat of the season that is current at the time of the offence; or
(b) if there is no such guaranteed price-Five dollars per bushel,
or imprisonment for six months, or both.
Added by No. 159, 1973, s. 13.(5A) Where, during the season that commenced on 1 October 1973 or a subsequent season, a person contravenes sub-section (5), the penalty provided in that sub-section does not apply, but that person is guilty of an offence punishable, on conviction, by a fine not exceeding-
(a) an amount equal to three times the amount calculated, in respect of the quantity of the wheat in respect of which the offence is committed, at the rate of the guaranteed price of wheat of that season; or
(b) if there is no such guaranteed price-an amount calculated in respect of that quantity of wheat at the rate of Twenty dollars for each 100 kilograms or part of 100 kilograms of that quantity of wheat,
or imprisonment for a period not exceeding six months, or both.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 19.
Delivery to licensed receiver.SECT
19. (1) Delivery of wheat to the Board may be made by delivering the wheat to a licensed receiver and not otherwise, and the delivery is not effective unless and until the delivery is accepted by the licensed receiver.
Inserted by No. 38, 1970, s. 5.(1A) A licensed receiver shall, in relation to the acceptance, or refusal of acceptance, on behalf of the Board, of the delivery of wheat in the Australian Capital Territory in a quota season, comply with any directions of the Board that have regard to quotas that are applicable under laws of all or any of the States providing for the fixing of wheat quotas, including a law of the State of New South Wales providing for the fixing of quotas in respect of wheat grown in the Australian Capital Territory.
(2) Nothing in this Act shall be taken to affect the operation of a provision of a law of a State with respect to the acceptance, or refusal of acceptance, by a licensed receiver of the delivery of wheat.
(3) A person who delivers 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, in any corn sacks in which the wheat is contained or in the payment to be made for the wheat or corn sacks, and all particulars known to him of those interests.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 20.
Unauthorized dealings with wheat.SECT
Sub-section (1) amended by No. 159, 1973, s. 13; and No. 216, 1973, s. 3.
20. (1) Except as provided in the last two preceding sections, or with the consent in writing of the Board, a person shall not-
(a) sell, deliver or part with the possession of, or take into his possession, wheat of any season in an internal Territory other than wheat specified in paragraph (b) or (c) of sub-section (4) of section 18;
(b) part with the possession of, or take into his possession, wheat of any season that is the property of the Board;
(c) purport to sell or offer for sale, or purport to purchase or offer to purchase (otherwise than from the Board), wheat of any season that is the property of the Board; or
(d) export wheat of any season or wheat products.
Penalty: An amount calculated in respect of the number of bushels of the wheat, or of the wheat equivalent of the wheat products, in respect of which the offence is committed, at the rate of-
(a) an amount per bushel equal to three times the guaranteed price for wheat of the season that is current at the time of the offence; or
(b) if there is no such guaranteed price-Five dollars per bushel,
or imprisonment for six months, or both.
Inserted by No. 159, 1973, s. 13.(1A) Where, during the season that commenced on 1 October 1973 or a subsequent season, a person contravenes sub-section (1), the penalty provided in that sub-section does not apply, but that person is guilty of an offence punishable, on conviction, by a fine not exceeding-
(a) an amount equal to three times the amount calculated, in respect of the quantity of the wheat, or of the wheat equivalent of the wheat products, in respect of which the offence is committed, at the rate of the guaranteed price of wheat of that season; or
(b) if there is no such guaranteed price-an amount calculated in respect of that quantity of wheat or wheat equivalent at the rate of Twenty dollars for each 100 kilograms or part of 100 kilograms of that quantity of wheat or wheat equivalent,
or imprisonment for a period not exceeding six months, or both.
Amended by No. 159, 1973, s. 13.(2) The prohibition of export contained in sub-section (1) is in addition to, and not in substitution for, any prohibition contained in regulations (whether made before or after the commencement of this Act) in force under the Customs Act 1901-1968.
(3) For the purposes of this section-
(a) the wheat equivalent of any wheat products is the quantity of wheat used in, or used in the production of the materials used in, the wheat products;
(b) a certificate of the Board specifying the wheat equivalent of a particular quantity of a particular kind of wheat products or the wheat equivalent of particular wheat products is evidence of the facts stated in the certificate; and
(c) a person shall not be taken to part with the possession of wheat by reason only of the fact that he uses the wheat on the farm where it was grown.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 21.
Price to be paid for wheat.SECT
Sub-section (1) amended by No. 159, 1973, s. 13.
21. (1) Where wheat is delivered to the Board in pursuance of section 18, the Board shall pay for that wheat (including the corn sacks, if any, in which the wheat is delivered) an amount determined by the Board in accordance with this section.
Amended by No. 38, 1970, s. 6; and No. 159, 1973, s. 13.(2) The Board shall determine amounts payable under the last preceding sub-section in respect of wheat of a season by-
(a) ascertaining the net proceeds of the disposal by the Board of all wheat of that season delivered to the Board in Australia (whether in pursuance of this Act or otherwise);
(b) deducting from the amount so ascertained an amount determined by the Board having regard to the extent to which freight charges in respect of the export of wheat of that season from the State of Western Australia are lower than freight charges in respect of the export of wheat of that season from other places in Australia, but not exceeding an amount calculated at the rate of Ninety-two cents per tonne in respect of the wheat of that season exported from the State of Western Australia; and
(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 wheat of that season to the Board in Australia (whether in pursuance of this Act or otherwise) on the basis of the number of tonnes of wheat so delivered by each such person, 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, additional costs incurred by the Board in the handling and storage of wheat delivered to the Board in corn sacks and other necessary adjustments in particular cases.
(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 accounts in respect of sales in such manner as will, in its judgment, attribute sales to wheat of different seasons in an equitable manner.
(4) The Board is not bound to make a final payment in respect of wheat of a season until it has disposed of the whole of the wheat of that season delivered to it in Australia (whether in pursuance of this Act or otherwise), but the Board may, with the approval of the Minister, make from time to time such advance payments as it considers justified.
(5) Subject to this section, the net proceeds of the disposal of wheat of a season shall, for the purposes of this section, be deemed to be the net return from the disposal of the wheat (including corn sacks in which the wheat was sold) after paying-
(a) any charge imposed by the Wheat Export Charge Act 1968 in relation to wheat of that season; and
(b) costs (including interest and costs of administration, storage and transport, other than transport to the terminal port from the place at which the wheat is delivered to the Board) incurred by the Board, to the extent that they relate wholly to wheat of that season or are reasonably allocated by the Board to wheat of that season.
Amended by No. 38, 1970, s. 6; and No. 159, 1973, s. 13.(6) In ascertaining the net proceeds of the disposal of wheat of a season-
(a) moneys received by the Board under a policy of insurance in respect of wheat of that season, or in respect of a transaction in relation to any such wheat, shall be deemed to be a return from the disposal of that wheat;
(aa) amounts paid by the Board in respect of expenses referred to in sub-section (3) of section 34 shall be deemed to be costs of administration referred to in the last preceding sub-section;
(b) there shall be taken into account such of the payments made or received by the Board in accordance with sub-section (2) of section 13 as the Board considers may equitably be related to wheat of that season; and
(c) no account shall be taken of moneys to which section 28, or a corresponding provision of a State Act, applies or of costs of the Board payable out of those moneys.
Amended by No. 159, 1973, s. 13.(7) Where the average price per tonne contracted to be paid to the Board for wheat of a season in relation to which this sub-section applies 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 an amount ascertained by multiplying the amount of the difference between that average price and the guaranteed price by-
(a) a number equal to the number of tonnes of wheat of the season exported by the Board, or sold by the Board for export; or
(b) 5,443,108,
whichever is the less.
(8) In ascertaining the average price for the purposes of the last preceding sub-section-
(a) a price contracted to be paid, in any currency, in respect of a sale other than a sale of fair average quality bulk wheat free on board at the port of export shall be deemed to be the price that would have been the corresponding price, in that currency, for a sale of the same quantity of fair average quality bulk wheat free on board at the port of export; and
(b) where the price contracted to be paid to the Board for any wheat or, where the last preceding paragraph is applicable, the price that is, by virtue of that paragraph, to be deemed to be the price contracted to be paid to the Board for any wheat, is expressed in a currency other than Australian currency, that price shall be converted to its equivalent in Australian currency according to the appropriate rate of exchange applicable at the date of the contract or, where the price contracted to be paid was not, at the date of the contract, an ascertained amount, at the date on which the amount of the price became ascertained.
(9) The obligation of the Board under this section in respect of any wheat is subject to the operation of section 8 of the Wheat Tax Act 1957-1966.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 21A.
Quota seasons.SECT
Inserted by No. 38, 1970, s. 7.
21A. (1) In relation to a quota season, or a season that is not a quota season but immediately follows a quota season, the last preceding section has effect as if references in that section to wheat of a season were references to wheat included in the pool for that season in accordance with this section.
(2) The pool for a quota season (in this sub-section referred to as ''the relevant season'') consists of the following wheat delivered to the Board (whether in pursuance of this Act or of a law of a State):-
(a) wheat (whether of the relevant season or of an earlier quota season) delivered during the relevant season or an earlier quota season and appearing from the records of the Board to be the whole or a part of a quota that is applicable in relation to a person in respect of the relevant season under a law of a State providing for the fixing of wheat quotas;
(b) any other wheat, being wheat of the relevant season, that is delivered to the Board during the relevant season and declared by the Board to have been sold by the Board, and paid for in full, during the relevant season; and
(c) any other wheat, being wheat of an earlier quota season, that-
(i) was delivered to the Board before the relevant season;
(ii) was not included in the pool for a season before the relevant season; and
(iii) is declared by the Board to have been sold by the Board, and paid for in full, during the relevant season.
(3) The pool for a season that is not a quota season but immediately follows a quota season consists of the following wheat delivered to the Board (whether in pursuance of this Act or of a law of a State):-
(a) wheat of that season; and
(b) wheat of an earlier season, being a quota season, that was not included in the pool for an earlier season.
Amended by No. 159, 1973, s. 13.(4) The Board may, in such manner as it considers equitable, attribute sales of wheat referred to in a declaration under paragraph (b) or (c) of sub-section (2), being wheat of a particular kind, to all or any of the wheat of that particular kind delivered by particular persons.
Added by No. 159, 1973, s. 8.(5) In exercising its powers under sub-section (4) of section 21 in respect of wheat of the quota season that commenced on 1 October 1973, the Board may have regard to the possibility that the Australian wheat quota originally determined for that season for the purposes of the laws of the States providing for the fixing of wheat quotas may be increased by a quantity not exceeding 544,311 tonnes.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 22.
Payment by Board.SECT
22. (1) The amount payable under this Act in respect of any wheat, or wheat and corn sacks, 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.
(2) The same rights (if any) exist against the person receiving an amount paid by the Board under this Act in respect of wheat, or wheat and corn sacks, as would exist if the moneys so paid were the proceeds of a sale or purported sale of the wheat, or wheat and corn sacks, by him, and any such rights may be enforced by action in any court that would have had jurisdiction if the moneys were the proceeds of such a sale or purported sale.
(3) Payment in good faith by the Board of any moneys payable under this Act to the person appearing to the Board to be entitled to receive them discharges the Board from any further liability in respect of those moneys.
(4) Subject to the next succeeding sub-section, an assignment of moneys payable by the Board in respect of wheat, or wheat and corn sacks, delivered to the Board (not including a registered crop lien) is void as against the Board.
(5) Where a person has assigned moneys payable to him by the Board in respect of wheat, or wheat and corn sacks, delivered or to be delivered to the Board in payment of, or as security for payment of, an amount payable by that person for corn sacks supplied to him, the Board may pay those moneys to the assignee.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 23.
Declaration to be furnished as to old season's wheat.SECT
23. (1) The Minister may, in respect of a season, by notice published in the Gazette, declare a day to be the final delivery day in respect of that season.
Amended by No. 159, 1973, s. 13.(2) A person who, in the Australian Capital Territory-
(a) delivers to a licensed receiver wheat harvested before 15 September 1968; or
(b) delivers to a licensed receiver, after the final delivery day declared in respect of a season under this section, wheat harvested in that season,
shall make and forward to the licensed receiver a declaration in writing signed by him correctly stating the season during which the wheat was harvested.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 24.
Entry of premises, seizure of wheat, &c.SECT
Sub-section (1) amended by No. 159, 1973, s. 13; and No. 216, 1973, s. 3.
24. (1) A Commonwealth Police Officer or a member of the police force of a State or internal Territory who is authorized by the Board or the Chairman of the Board to act under this section may-
(a) at all reasonable times, enter premises in an internal Territory and inspect any stock of wheat of any season or of corn sacks, and any accounts, books and documents relating to wheat of any season or to corn sacks; and
(b) take possession of and remove any wheat of any season that is the property of the Board, or wheat of a season referred to in section 6 the delivery of which has been lawfully demanded by the Board, and any corn sacks in which any such wheat is contained or that are the property of the Board.
(2) A person shall not hinder or obstruct a person in the exercise of powers under this section.
Amended by No. 159, 1973, s. 13.(3) Wheat of a season referred to in section 6, other than wheat that is the property of the Board, of which possession is taken under sub- section (1), and any corn sacks in which the wheat is contained, shall, for the 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.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 25.
Board may require returns.SECT
25. (1) For the purposes of this Act, the Board may, by notice in writing served on the person to 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 information relating to wheat of any season, 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 any information that is false or misleading in a particular.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 26.
Proper care to be taken of wheat owned by Board.SECT
26. A person having wheat the property of the Board in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard that wheat and to keep it free from damage or deterioration.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 27.
Home consumption price of wheat.SECT
Sub-section (1) amended by No. 159, 1973, s. 13; and No. 216, 1973, s. 3.
27. (1) The price at which, on or after 1 December 1968 and before 1 December 1973, the Board shall, in an internal Territory, sell wheat for use or consumption in Australia is the appropriate price ascertained in accordance with this section.
Amended by No. 159, 1973, s. 13.(2) Subject to this section, the price per tonne in respect of a wholesale sale of bulk wheat of fair average quality free on rails at a port of export is Sixty-two dollars forty-six cents.
Amended by No. 159, 1973, s. 13.(3) The price otherwise applicable under the last preceding sub- section shall be increased or decreased by the amount, if any, by which the guaranteed price of wheat of the season that was current at the beginning of the year in which the sale was made exceeds, or is less than, Fifty-three dollars twenty-eight cents per tonne.
Amended by No. 159, 1973, s. 13.(4) For the purpose of reimbursing the Board for costs of shipment of wheat to the State of Tasmania, the price applicable under the last two preceding sub-sections shall be increased by an amount of Thirty-seven cents per tonne, or, if the Minister has made a determination or determinations under the next succeeding sub-section, by the amount applicable in accordance with the latest such determination.
Amended by No. 159, 1973, s. 13.(5) If the Board, at any time, reports to the Minister that the amounts being received by the Board by reason of the operation of the last preceding sub-section, together with amounts being received under corresponding provisions of the laws of the States, are greater or less than the amounts required to meet the costs of shipment of wheat by the Board to the State of Tasmania, the Minister may determine that the amount per tonne to be added to the price in accordance with the last preceding sub-section shall be reduced or increased to such extent as he considers necessary.
Amended by No. 159, 1973, s. 13.(6) The price in respect of a sale other than a sale specified in sub-section (2) is a price per tonne ascertained by adding to or deducting from the price per tonne 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.
Amended by No. 159, 1973, s. 13.(7) In this section ''year'' means the period of twelve months commencing on 1 December 1968 and each subsequent period of twelve months.
Amended by No. 159, 1973, s. 13.(8) Notwithstanding the repeal of section 27 of the Wheat Industry Stabilization Act 1963-1966-
(a) the prices for sales of wheat by the Board that were applicable under that section immediately before the commencement of this Act continue to be applicable to sales made after the commencement of this Act and before 1 December 1968; and
(b) all moneys received by the Board in respect of such sales by reason of the operation of sub-sections (3) and (4) of that section shall be deemed to be moneys to which sub-section (1) of section 28 applies.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 27AA.
Home consumption price of wheat for 1973-1974.SECT
Inserted by No. 159, 1973, s. 9.
27AA. (1) The price at which, during the year commencing on 1 December 1973, the Board shall, in a Territory, sell wheat for use or consumption in Australia is the appropriate price ascertained in accordance with this section.
(2) For the purposes of this section, the Minister shall, after consultation with the appropriate Minister of each State, fix an amount per tonne as the calculated price of wheat of the season that commenced on 1 October 1973 (in this section referred to as ''the calculated price'').
(3) In fixing the calculated price the Minister shall proceed as if-
(a) that price were to be the guaranteed price of wheat of the season that commenced on 1 October 1973 and were to be fixed in accordance with sub-section (3) of section 7; and
(b) the reference in sub-section (1) of section 7 to One dollar forty- five cents per bushel were a reference to Fifty-three dollars twenty-eight cents per tonne.
(4) Subject to this section, the price per tonne in respect of a wholesale sale of bulk wheat of fair average quality free on rails at a port of export is the sum of the calculated price and Nine dollars and nineteen cents.
(5) For the purpose of reimbursing the Board for costs of shipment of wheat to the State of Tasmania, the price applicable under sub-section (4) shall be increased by an amount of Thirty-seven cents per tonne, or, if the Minister has made a determination or determinations under sub- section (6), by the amount applicable in accordance with the latest such determination.
(6) If the Board, at any time, reports to the Minister that the amounts being received by the Board by reason of the operation of sub-section (5), together with amounts being received under corresponding provisions of the laws of the States, are greater or less than the amounts required to meet the costs of shipment of wheat by the Board to the State of Tasmania, the Minister may determine that the amount per tonne to be added to the price in accordance with sub-section (5) 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 sub-section (4) is a price per tonne ascertained by adding to or deducting from the price per tonne 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.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 27A.
Price of wheat for use in Australia otherwise than for human consumption.SECT
Inserted by No. 38, 1970, s. 8.
Sub-section (1) amended by No. 159, 1973, s. 10.
27A. (1) Notwithstanding sections 27 and 27AA, the Board may, in a Territory, sell wheat for use in Australia otherwise than in the manufacture of substances for human consumption at such prices as the Board determines, being prices less than the prices that would be applicable under section 27 or 27AA, but no such sale shall be made at a price less than the minimum price applicable in accordance with this section.
Amended by No. 159, 1973, s. 13.(2) The minimum price in respect of a wholesale sale of bulk wheat of fair average quality free on rails at a port of export is the price per tonne for such a sale that corresponds with a free on board price equal to the guaranteed price of wheat of the season that was current at the beginning of the year in which the sale is made.
Amended by No. 159, 1973, s. 13.(3) The minimum price in respect of a sale other than a sale referred to in the last preceding sub-section is a price per tonne ascertained by adding to or deducting from the minimum price per tonne referred to in that sub-section an amount that makes a proper allowance for the quality of the wheat, the conditions of sale and the place of delivery.
Amended by No. 159, 1973, s. 13.(4) Where the Board sells wheat for use in Australia in the manufacture of substances for human consumption and the manufacture will result also in the production of substances for use for purposes other than human consumption, the Board may agree to allow the purchaser a rebate not exceeding the amount by which the price charged by the Board for the wheat could have been reduced in accordance with this section if the sale of so much of the wheat as is equal in weight to the weight of the substances produced, or to the estimated weight of the substances that will be produced, from the wheat for use for purposes other than human consumption had been a sale to which sub-section (1) applied.
Amended by No. 159, 1973, s. 13.(5) In respect of every sale of wheat in accordance with sub-section (1) of this section, the Board shall credit to the account referred to in sub-section (1) of the next succeeding section an amount per tonne of wheat comprised in the sale equal to the amount that is, at the time of the sale, the amount per tonne by which prices are to be increased under sub-section (4) of section 27 of sub-section (5) of section 27AA for the purpose of reimbursing the Board for costs of shipment of wheat to the State of Tasmania, and the next succeeding section applies in relation to amounts so credited in like manner as it applies in relation to other moneys credited to that account.
(6) In this section ''year'' means a period of twelve months commencing on the first day of December.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 28.
Special account for freight to the State of Tasmania.SECT
Sub-section (1) amended by No. 159, 1973, s. 13.
28. (1) Notwithstanding any other provision of this Act but subject to this section, the Board shall keep a separate account of the moneys received by the Board by reason of the operation of sub-sections (4) and (5) of section 27 and sub-sections (5) and (6) of section 27AA, and of payments made out of those moneys, and shall not apply those moneys except in accordance with this section.
(2) The Board may combine the account required to be kept under the last preceding sub-section with any similar account or accounts to be kept by it under the law of a State or States.
Amended by No. 159, 1973, s. 13.(3) The Board shall use the moneys referred to in sub-section (1) in meeting the costs of shipment of wheat by the Board to the State of Tasmania, and shall not use for that purpose any other moneys derived by it from the sale of wheat delivered to it in pursuance of this Act.
Amended by No. 159, 1973, ss. 11 and 13.(4) Any moneys referred to in sub-section (1) that remain unexpended after the Board has disposed of the whole of the wheat of the season ending on 30 September 1974 delivered to the Board in Australia shall be applied by the Board for the benefit of the wheat industry in such manner as the Minister, after consultation with the appropriate Minister of each State, directs.
(5) Any moneys that, immediately before the commencement of this Act, were standing to the credit of the account kept by the Board for the purposes of section 28 of the Wheat Industry Stabilization Act 1963-1966 shall be deemed to be moneys to which sub-section (1) of this section applies.
WHEAT INDUSTRY STABILIZATION ACT 1968 - PART IV
PART IV-FINANCE
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 29.
Finance.SECT
29. (1) The Board may open and maintain an account or accounts with an approved bank or approved banks, and shall maintain at all times at least one such account.
(2) The Board shall pay all moneys received by it into an account referred to in the last preceding sub-section.
(3) The moneys of the Board shall be applied only-
(a) in payment or discharge of the expenses, charges and obligations of the Board;
(b) in payment of the remuneration and allowances of members of the Board; and
(c) in making any other payments that the Board is required or authorized by law to make.
(4) In this section, ''approved bank'' means the Reserve Bank of Australia or any other bank approved by the Treasurer for the purposes of this section.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 30.
Arrangement with Reserve Bank for advances.SECT
30. The Minister may, on behalf of the Commonwealth-
(a) arrange with the Reserve Bank of Australia for the making by that Bank of advances to the Board for the purposes of the Board; and
(b) guarantee the repayment of an advance made in pursuance of such an arrangement and the payment of interest on the advance.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 31.
Wheat Prices Stabilization Fund.SECT
31. (1) There shall be a Wheat Prices Stabilization Fund, which shall be a Trust Account within the meaning of section 62A of the Audit Act 1901-1966.
(2) There shall be paid into the Fund amounts equivalent to the charges from time to time collected under the Wheat Export Charge Act 1968.
Amended by No. 159, 1973, s. 13.(3) Out of the moneys standing to the credit of the Fund there shall be paid to the Board an amount equal to each amount by which the net proceeds from the disposal of any wheat are deemed to be increased under sub-section (7) of section 21.
(4) In the event of the amount standing to the credit of the Fund being at any time insufficient to meet the payments required under this Act to be made from the Fund, there shall be paid to the Fund out of the Consolidated Revenue Fund the amount necessary to meet the deficiency.
Amended by No. 159, 1973, s. 13.(5) The Consolidated Revenue Fund is, to the necessary extent, appropriated for the purposes of the payments to be made to the Fund under sub-sections (2) and (4).
(6) Moneys standing to the credit of the Fund may be invested in securities of the Commonwealth or on deposit with the Reserve Bank of Australia, and income derived from such investments forms part of the Fund.
(7) Where, by reason of an adjustment under sub-section (4) of section seven of the Wheat Export Charge Act 1968 or otherwise, an amount paid as charge by the Board or by any other person is repayable to the Board or to that person, the repayment shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
(8) Where an amount has been paid into the Fund in respect of an amount paid as charge that is later repaid under the last preceding sub-section, an amount equal to the amount repaid shall be-
(a) deducted from further amounts otherwise payable into the Fund; or
(b) paid out of the Fund into the Consolidated Revenue Fund.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 32.
Refunds from Fund.SECT
Sub-section (1) amended by No. 159, 1973, s. 13.
32. (1) Where the moneys standing to the credit of the Wheat Prices Stabilization Fund at any time exceed Eighty million dollars, the excess shall, subject to sub-section (4), be paid by the Treasurer to the Board out of the Fund.
Amended by No. 159, 1973, s. 12.(2) After the season ending on 30 September 1974 and after the making of all other payments required or permitted to be made out of the Fund, the moneys standing to the credit of the Fund shall be paid by the Treasurer to the Board out of the Fund.
(3) Each payment out of the Fund to the Board under this section shall be made by way of refund of charge in respect of wheat of a season, but so that a payment shall not be made in relation to a season before payment has been made of an amount or amounts representing the whole of the amount of charge in respect of wheat of every earlier season.
Amended by No. 159, 1973, s. 13.(4) The Treasurer is not obliged to make a payment under sub- section (1) in relation to a season where the amount available for the payment is not sufficient to represent, together with any previous such payment, the whole of the amount of charge in respect of wheat of that season, except at the request of the Minister, made upon the recommendation of the Board.
(5) The Board shall apply any moneys that are paid to it under this section in relation to a season as if they were part of the proceeds of the disposal by the Board of the wheat of that season delivered to the Board.
Amended by No. 159, 1973, s. 13.(6) A payment shall not be made under sub-section (2) if the Minister has informed the Treasurer that a scheme for the stabilization of the wheat industry in seasons after the season referred to in sub-section (2) has been agreed to by, or is under discussion between, the Government of the Commonwealth and the Governments of the States, and that the moneys remaining in the Fund are or may be needed for the purposes of the scheme.
(7) For the purposes of this section, the amount of charge in respect of wheat of a season shall be deemed to be the amount that has been paid into the Fund in respect of charge collected under the Wheat Export Charge Act 1968 in respect of wheat of that season, together with such amount in respect of interest accrued to the Fund as the Treasurer thinks just.
Inserted by No. 38, 1970, s. 9; amended by No. 159, 1973, s. 13.(7A) This section has effect as if wheat of a season that is, in accordance with section 21A, included in the pool for a later season were wheat of that later season.
Amended by No. 159, 1973, s. 13.(8) In this section, ''season'' means the season that commenced on 1 October 1968 or a later season.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 33.
Audit.SECT
33. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Board and shall forthwith draw the Minister's attention to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.
(2) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Board relating directly or indirectly to the receipt or payment of moneys by the Board or to the acquisition, receipt, custody or disposal of assets of the Board.
(3) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him may make copies of or take extracts from any such accounts, records, documents or papers.
(4) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him may require a member of the Board, or a member of the staff of the Board, to furnish him with such information in the possession of that person or to which that person has access as the Auditor-General or authorized officer considers necessary for the purposes of an inspection or audit under this Act, and that person shall comply with the requirement.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 34.
Remuneration and allowances of licensed receivers.SECT
34. (1) There shall be payable by the Board to a licensed receiver, as remuneration for his services and for any facilities made available by him for the storage, protection, treatment, handling, transfer and shipping of wheat, and for any expenses properly incurred by him, such amounts as the Minister, on the recommendation of the Board, from time to time determines.
(2) Where an authority constituted by or under a State Act is a licensed receiver, the remuneration payable to that authority as such a receiver shall be as agreed between the Minister and the appropriate Minister of the State concerned.
Added by No. 38, 1970, s. 10.(3) Expenses incurred or paid by a licensed receiver in connexion with the administration of a law of a State relating to wheat quotas shall be deemed to be included in the expenses referred to in sub-section (1) of this section.
WHEAT INDUSTRY STABILIZATION ACT 1968 - PART V
PART V-MISCELLANEOUS
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 35.
Operation of State laws.SECT
35. (1) It is hereby declared to be the intention of the Parliament that the operation of a provision of a law of a State that confers a power, right or function, or imposes an obligation, liability or duty, that is also conferred or imposed by this Act, or that is a provision that can operate without prejudice to the operation of this Act, is not prevented or limited by reason of the provisions made by this Act.
(2) The Board is subject (without express mention) to a law of a State fixing, or providing for the fixing, of prices for the sale of wheat, except in relation to sales of wheat for export, and to any other law of a State that is expressly applicable to the Board.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 36.
Offences.SECT
36. A person who contravenes or fails to comply with a provision of this Act for which no other penalty is provided is guilty of an offence punishable by a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months.
WHEAT INDUSTRY STABILIZATION ACT 1968 - SECT. 37.
Regulations.SECT
37. (1) The Governor-General 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 making provision for or in relation to-
(a) the conduct of the proceedings of the Board;
(b) the qualifications of candidates and of voters at elections for the purposes of this Act, the system of voting and all other matters connected with those elections;
(c) penalties not exceeding a fine of Two hundred dollars or imprisonment for six months, or both, for offences against the regulations.
(2) The Wheat Industry Stabilization (Election of Board) Regulations in force immediately before the commencement of this Act for the purposes of the Wheat Industry Stabilization Act 1963-1966 continue in force for the purposes of this Act, but may be amended or repealed by regulations made under this Act, and all things done for a purpose of that Act under those Regulations before the commencement of this Act shall be deemed to have been done for the corresponding purpose of this Act after the commencement of this Act.
--------------------------------------------------------------------------------
WHEAT INDUSTRY STABILIZATION ACT 1968 - NOTES
NOTES
1. The Wheat Industry Stabilization Act 1968 comprises the Wheat Industry Stabilization Act 1968 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Wheat Industry
Stabilization Act 1968 No. 97, 1968 22 Nov 1968 29 Nov 1968 (see
Gazette 1968, p.
7001B)
Wheat Industry
Stabilization Act 1970 No. 38, 1970 24 June 1970 S. 8: 1 Dec 1969
Remainder: 1 Oct
1969
Wheat Industry
Stabilization Act 1973 No. 159, 1973 3 Dec 1973 1 Dec 1973 (see
Gazette 1974, No.
6, p. 2)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------
2.-S. 9 (10)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973 the rate per annum of the salary applicable to the office of Chairman of the Australian Wheat Board is $22,012.
0
0
0