Wheat Industry Stabilization Act 1968 (NSW)
WHEAT INDUSTRY STABILIZATION ACT.
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ANNO SEPTIMO DECIMO
ELIZABETHiE II REGINA
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Act No. 50, 1968.
An Act to make certain provisions in relation to the marketing of wheat and the stabilization of the wheat industry; to repeal the Wheat Industry Stabilization Act, 1963, as subsequently amended; to amend the Grain Elevators Act, 1954, as subsequently amended; and for purposes connected therewith. [Assented to, 5th December, 1968.]
Wheat Industry Stabilization.
D E it enacted by the Queen’s Most Excellent Majesty, by No. so, 1968
and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
PART I.
P r e l im in a r y .
1 . This Act may be cited as the “Wheat Industry Stabili- short tMe
zation Act, 1968”.
2. ( 1 ) This Act shall be deemed to have commenced on Commence-
the twenty-second day of November, one thousand nine
hundred and sixty-eight.
| (2) | An act or omission which occurred before the date |
on which this Act received the Royal Assent shall not be
deemed to be an offence against this Act.
| 3. | This Act is divided into Parts as follows :— | Division into Parts. |
| PART | I.—P r e l im in a r y — ss. | 1-7. |
| PART | n.— P o w e r s | o f | t h e | A u st r a l ia n | W h e a t |
| B oard—ss. | 8-10. |
| PART | III.— ^De l iv e r y o f W h e a t t o t h e | A u st r a l ia n |
| W h e a t B oard—ss. | 11-21. |
| PART | IV.—M is c e l l a n e o u s — ss. | 22-24. |
4. (1) (a) The Wheat Industry Stabilization Act, 1963, Repeal of
is hereby repeded.
| (b) | The Decimal Currency Act. 1965, as subse- Amendment |
quently amended, is amended by omitting from the First 33
| Schedule the matter relating to Act No. 60, 1963. | ’ | ' |
(c)
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| No. 50,1968 | (c) The Grain Elevators Act, 1954, as subse- |
| Amen^ent | amended, is amended— |
| 31^95^.° | (i) by omitting from section three the definition of “Australian Wheat Board” means the Australian Wheat Board continued in existence by the Wheat Industry Stabilization Act 1968 of the Parliament of the Commonwealth of Australia. |
| Sgg 3 | “Australian Wheat Board” and by inserting in lieu |
| (Defini- | thereof the following definition :— |
(ii) by omitting from section twenty-one the figures “1963” and by inserting in lieu thereof the figures “1968”.
| Sec. 21. | (2) Notwithstanding the repeal effected by paragraph three of this section, any provisions of an Act that would, but for that repeal, have continued to apply to, or in relation to,, wheat harvested before the first day of October, one thousand nine hundred and sixty-eight, continue so to apply, but this subsection 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. |
| (Board | (a) |
| of subsection one of this section, but subject to subsection (3) Any moneys paid to the Board by the Common wealth of Australia in respect of losses, in relation to wheat of a season to which the Wheat Industry Stabilization Act, 1963, or that Act as subsequently 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. | |
| may make | |
| charges.) | |
| (4) A reference in any of the provisions referred to in subsection two of this section to the Australian Wheat Board established or continued in existence by an Act of the Parlia ment of the Commonwealth of Australia, 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 the Commonwealth Act and conducting its proceedings in accordance with the Commonwealth Act. |
(5 )
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| (5) | Wheat harvested on or after the first day of No. 50, 196S |
October, one thousand nine hundred and sixty-eight, and delivered to the Board before the conunencement of this Act (including wheat delivered to a licensed receiver within the meaning of the Wheat Industry Stabilization Act, 1963, as subsequently amended) shall be deemed to have been delivered in pursuance of section eleven 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.
5 . In this Act, except in so far as the context or subject- Definitions,
matter otherwise indicates or requires—
“Board” means the Australian Wheat Board continued in existence by the Commonwealth Act;
“Commonwealth Act” means the Wheat Industry Stabili zation Act 1968 of the Parliament of the Common wealth of Australia, and includes that Act as amended at any time;
“Commonwealth Minister” means the Minister of State of the Commonwealth of Australia administering the Commonwealth Act, or another Minister of State of the Commonwealth of Australia acting for and on behalf of that Minister;
“Grain Elevators Board” means the Grain Elevators Board constituted under the Grain Elevators Act, 1954, as subsequently amended;
“guaranteed price”, in relation to wheat of a season, has the same meaning as in the Commonwealth Act;
“licensed receiver” means a person, firm, company 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;
“wheat” means wheat of a season referred to in subsec tion one of section six of this Act.
Wheat Industry Stabilization.
| No. 50,1968 | 6 . | (1) Subject to this section, this Act applies in relation |
| AppU^on | season that commenced on the first day of October, |
| of Act. | one thousand nine hundred and sixty-eight, and each of the next six succeeding seasons. |
| (2) | Subsections seven and eight of section fourteen |
of this Act apply only in relation to the season that com menced on the first day of October, one thousand nine hundred and sixty-eight and the next four succeeding seasons.
| Act to | ( 1 ) This Act shall be read and construed subject to |
| apply sub- | the Commonwealth of Australia Constitution Act and so as |
| Constitution. | exceed the legislative power of the State, to the intent that where any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected. |
| (2) | If, by reason of the Commonwealth of Australia |
Constitution Act, a provision of this Act, 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 to which it purports to apply, being wheat in relation to which it can validly apply.
PART n.
| P o w e r s | o f | t h e | A u st r a l ia n | W h e a t | B o ard . |
| Powers of | 8. (1) The Board may— |
| Board. |
| (a) | purchase wheat, wheaten flour, semolina, com sacks, jute or jute products; |
| (b) | accept the delivery of wheat to i t ; |
| (c) | sell or dispose of, or make agreements for the sale or disposal of, wheat, wheaten flour, semolina, com sacks, jute or jute products; |
(d)
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| (d) |
grist or arrange for the gristing of wheat, and sell No. so, 1968 gristing;
| (e) | manage and control all matters coimected 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 : |
Provided that the exercise of this power shall be subject to the provisions of any Act and the regula tions thereunder with respect to the conditions under which wheat is received for storage by the Grain Elevators Board; and
| (f) | do all things that the Board is required or per mitted by this Act to do or that are conducive to the exercise of the foregoing powers or are neces sary or convenient to be done by the Board for giving effect to this Act. |
(2) The Commonwealth 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.
9. A member of the Board is not personally liable for an indemnity,
act of the Board or of the member acting as such.
10. ( 1 ) Subject to this section, the Board may grant a Licensed
licence in writing, subject to such conditions as are specified receivers,
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) The Grain Elevators Board is entitled to a licence under this section.
( 3)
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| No. 50, 1968 | (3) A licence to receive wheat on behalf of the Board that was in force immediately before the commence ment of this Act shall be deemed to have been granted under this section. |
| (4) As from a day to be appointed by the Governor and notified by proclamation published in the Gazette— |
| (a) | all licences granted or deemed to have been granted under this section (other than the licence granted to the Grain Elevators Board) and in force in the State shall be deemed to be cancelled; and |
| (b) | all wheat to be delivered to the Board in the State shall be delivered to the Grain Elevators Board as the sole licensed receiver of wheat on behalf of the Board in the State. |
| (5) | The remuneration payable to the Grain Elevators |
Board as a licensed receiver shall be as agreed between the
Minister and the Commonwealth Minister.
| PART | in . |
| D e l iv e r y | o f | W h e a t | t o | t h e | A u s t r a l ia n | W h e a t | Bo a rd . |
| Delivery | 11. | (1) Subject to this Act, a person who is in possession |
| of wheat. | of wheat may deliver that wheat to the Board. |
(2) Subject to this Act, 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
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require the person or each person, as the case may be, to No. so, 1968
| 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; 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. |
(3) Upon delivery of wheat to the Board under this section, the wheat ( in d u in g 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. |
(5) A person shaU not—
| (a) | without reasonable excuse, refuse or fail to deliver any wheat to the Board as required by a notice under subsection two of this section; or |
| (b) | deliver to the Board wheat that has previously been sold by the Board. |
Any person guilty of an offence against the provisions of this subsection is liable to a penalty not exceeding thrice the value of the wheat in respect of which the offence is com mitted, calculated at the guaranteed price for wheat of the season that is current at the time of the offence, or imprison ment for a term not exceeding six months, or both.
Where there is no such guaranteed price for the wheat in respect of which the offence was committed, the person guilty of the offence shall be liable to a penalty not exceeding five dollars per bushel of the wheat, or imprisonment for a term not exceeding sbc months, or both.
12.
P24713—15
Wheat Industry Stabilization.
| No, 50, 1968 | 12. | (1) Delivery of wheat to the Board may be made |
| Delivery to | by dehvering the wheat to a licensed receiver and not other |
| licensed | wise, and the delivery is not effective unless and until the |
| receiver. | delivery is accepted by the licensed receiver. |
| (2) Nothing in this Act affects the operation of a scheme of apportionment of storage space under section 12a of the Grain Elevators Act, 1954, as subsequently amended. | |
| (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 com 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. |
| Un | 13. | (1) Except as provided in sections eleven and twelve |
| authorized |
| dealings | of this Act, or with the consent in writing of the Board, a |
| with | |
| wheat. | person shall not— |
| (a) | seU, deliver or part with the possession of, or take into his possession, wheat of any season other than wheat specified in paragraph (b) or (c) of sub section four of section eleven of this A ct; |
| (b) | part with the possession of, or take into his posses sion, wheat of any season that is the property of the Board; or |
| (c) | purport to sell or offer for sale, or purport to pur chase or offer to purchase (otherwise than from the Board), wheat of any season that is the property of the Board. |
Any person guilty of an offence against the provisions of this subsection is liable to a penalty not exceeding thrice the value of the wheat in respect of which the offence is com mitted, calculated at the guaranteed price for wheat of the season that is current at the time of the offence, or imprison ment for a term not exceeding six months, or both.
Where
Wheat Industry Stabilization.
Where there is no such guaranteed price for the wheat in No. so, 1968
respect of which the offence was committed, the person guilty of the offence shall be liable to a penalty not exceeding five dollars per bushel of the wheat, or imprisonment for a term not exceeding six months, or both.
| (2) | For the purposes of this section, 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.
14. ( 1 ) Where wheat is delivered to the Board in pur- Price to
suance of this Act, the Board shall pay for that wheat (includ ing 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 one of this 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 eharges in respect of the export of wheat for that season from other places in Australia, but not exceeding an amount calculated at the rate of two and one-half cents per bushel in respect of the wheat of that season exported from the State of Western Australia; and |
| (e) | 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
Wheat Industry Stabilization.
| No, 50, 1968 | this Act or otherwise) on the basis of the number |
| ---- | of bushels 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 adjust ments 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 pay ment 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 Commonwealth 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 of the Parliament of the Commonwealth of Australia 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. |
(6 )
Wheat Industry Stabilization.
( 6 ) In ascertaining the net proceeds of the disposal No. so, 1968
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 dis posal of that wheat; |
| (b) | there shall be taken into account such of the pay ments made or received by the Board in accordance with subsection two of section thirteen of the G>m- monwealth Act as the Board considers may equitably be related to wheat of that season; and |
| (c) | no account shall be taken of moneys to which sec tion twenty-one of this Act, or a corresponding provision of the Commonwealth Act or of an Act of another State, applies or of costs of the Board payable out of those moneys. |
(7) Where the average price per bushel contracted to be paid to the Board for wheat of a season in relation to which this subsection 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 the amount that becomes payable to the Board in respect of that season under the Commonwealth Act out of the Wheat Prices Stabilization Fund referred to in that Act.
| ( 8) | In ascertaining the average price for the purposes |
of subsection seven of this 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)
Wheat Industry Stabilization.
| No. 50, 1968 | (b) where the price contracted to be paid to the Board for any wheat or, where paragraph (a) of this subsection 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 equiva lent 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 ascer tained 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 eight of the Wheat Tax Act 1957-1966 of the Parliament of the Commonwealth of Australia.
| Payment | 1 5 . |
(1) The amount payable under this Act in respect of any wheat, or wheat and com 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.
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, or wheat and com sacks, as would exist if the moneys so paid were the proceeds of a sale or purported sale of the wheat, or wheat and com 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 )
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(4) Subject to subsection five of this section, anNo. so, l9d«
assignment of moneys payable by the Board in respect of wheat, or wheat and com 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 com 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.
| 16. | ( 1 ) A person who— | Declaration |
| to be |
| (a) | delivers to a licensed receiver wheat harvested furnished before the fifteenth day of September, one thousand ^ason’f | |
| ||
| (b) | 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 in writing signed by him 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 Australia Gazette under the Commonwealth Act.
| 1 7 . | ( 1 ) | A member of the police force of the Common- Entry of |
| wealth of Australia or of the State who is authorized by the premises, | •r | seizure |
Board or the Chairman of the Board to act under this section of wheat,
| may— | &c. |
| (a) | at all reasonable times, enter premises 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 com sacks; and |
(b)
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| No. 50, 1968 | (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 six of this Act 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.
(3) Wheat of a season referred to in section six of this Act, other than wheat that is the property of the Board, of which possession is taken under subsection one of this section, and any com 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.
| Board may | 18. | (1) For the purposes of this Act, the Board may, by |
| re?urns | notice in writing served on the person to whom it is addressed |
| ' | either— |
(a) personally; or
| (b) | by post at his last-known pJace 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, com 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.
19. A person having wheat the property of the Board No. so, 1968
in his possession or under his care shall exercise proper care
and take all proper and reasonable precautions and do all care to be
things necessary to preserve and safeguard that wheat and to taken of
keep it free from damage or deterioration. owned by
Board.
20. ( 1 ) The price at which, on or after the first day of Home con-
December, one thousand nine hundred and sixty-eight, and
before the first day of December, one thousand nine hundred wheat,
and seventy-three, the Board shall sell wheat for use or con
sumption in Australia is the appropriate price ascertained
in accordance with this section.
(2) 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 is one dollar seventy cents.
(3) The price otherwise applicable under subsection two of this 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, one dollar forty-five cents per bushel.
(4) For the purpose of reimbursing the Board for costs of shipment of wheat to the State of Tasmania, the price applicable under subsections two and three of this section shall be increased by an amount of one cent per bushel, or, if the Commonwealth Minister has made a deter mination or determinations under subsection five of this section, by the amount applicable in accordance with the latest such determination.
| (5) | If the Board, at any time, reports to the Com |
monwealth Minister that the amounts being received by the Board by reason of the operation of subsection four of this section, together with amounts being received under corres ponding provisions of the Commonwealth Act and of the
laws
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No. 50, 1968 laws of the other 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 Commonwealth Minister may determine that the amount per bushel to be added to the price in accordance with subsection four of this section shall be reduced or increased to such extent as he considers neces sary.
| (6) | The price in respect of a sale other than a sale |
specified in subsection two of this section is a price per bushel ascertained by adding to or deducting from the price per bushel 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.
| (7) | In this section, “year” means the period of |
twelve months commencing on the first day of December, one thousand nine hundred and sixty-eight, and each subsequent period of twelve months.
| (8) | Notwithstanding the repeal of section nineteen |
of the Wheat Industry Stabilization Act, 1963, as subsequently
amended—
| (a) | the prices for sales of wheat by the Board that were applicable under that section immediately before Ae commencement of this Act continue to be applicable to sales made after the commence ment of this Act and before the first day of Decem ber, one thousand nine hundred and sixty-eight; and |
| (b) | all moneys received by the Board in respect of such sales by reason of the operation of subsections three and four of that section shall be deemed to be moneys to which subsection one of section twenty- one of this Act applies. |
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| 21, | (1) Notwithstanding any other provision of this Act No. so, 1968 |
but subject to this section, the Board shall keep a separate
account of the moneys received by the Board by reason of the account for
operation of subsections four and five of section twenty of
this Act, and of payments made out of those moneys, and of Tasmania
shall not apply those moneys except in accordance with this
section.
(2) The Board may combine the account required to be kept under subsection one of this section with any similar account or accounts to be kept by it under the Com monwealth Act or under the law of another State or States.
(3) The Board shall use the moneys referred to in subsection one of this section in meeting the costs of ship ment 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.
(4) Any moneys referred to in subsection one of this section that remain unexpended after the Board has dis posed of the whole of the wheat of the season ending on the thirtieth day of September, one thousand nine hundred and seventy-three, 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 consulta tion with the appropriate Minister of each State, directs.
(5) Any moneys that, immediately before the com mencement of this Act, were standing to the credit of the account kept by the Board for the purposes of section twenty of the Wheat Industry Stabilization Act, 1963, as subsequently amended, shall be deemed to be moneys to which subsection one of this section applies.
PART
Wheat Industry Stabilization.
| No. SO, 1968 | PART IV. |
| Use of | M is c e l l a n e o u s . |
| funds by |
| Board. | 22. | 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 moneys 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 relating to the marketing of wheat.
| Offences. | 23. |
(1) A person who contravenes, or fails to comply
with, any provision of this Act is guilty of an offence against
this Act.
(2) A person guilty of an offence against this Act is, where no other penalty is provided, liable to a penalty not exceeding two hundred dollars or imprisonment for a term not exceeding six months.
(3) AU proceedings for offences against this Act or the regulations shall be disposed of summarily before a court of petty sessions.
| Regulations. | 24. |
( 1 ) The Governor may make regulations not incon sistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed, or that are neces sary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties not exceeding two hundred dollars or imprisonment for a term not exceeding six months, or both, for offences against the regulations.
(3) The regulations shall—
(a) be published in the Gazette;
(b)
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| (b) | take effect from the date of publication or from No. so, 1968 a later date to be specified in the regulations; and |
| (c) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parlia ment is then in session, and if not, then within fourteen sitting days after the commencement of the next session. |
| (4) | If either House of Parliament passes a resolution |
of which notice has been given at any time within fifteen sitting days after the regulations have been laid before the House disallowing any regulation or part thereof, the regulation or part thereupon ceases to have effect.
H.M.S.
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