Wheat Industry Stabilization Act 1968 (WA)

No. 58.] Wheat Industry Stabilization.

[1968.

WHEAT INDUSTRY

STABILIZATION.

No. 58 of 1968.

AN ACT relating to the Marketing of Wheat and

the Stabilization of the Wheat Industry.

[Assented to 13th November, 1968.]

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

PART I.-PRELIMINARY.

Short title.

This Act may be cited as the Wheat Industry Stabilization Act, 1968.

Commence-

This Act shall be deemed to have come into operation on the day on which the Wheat Industry Stabilization Act 1968 of the Commonwealth came into operation.

ment.

1968.]

Wheat Industry Stabilization. [No. 58.

Parts.

3. This Act is divided into Parts, as follows:—

PART I.-PRELIMINARY (SECTIONS 1-8).

PART II.-POWERS OF THE AUSTRALIAN WHEAT BOARD (SECTIONS 9-11).

PART III.-DELIVERY OF WHEAT TO THE AUSTRA- LIAN WHEAT BOARD (SECTIONS 12-22).

PART IV.-MISCELLANEOUS (SECTIONS 23-25).

4. (1) The Wheat Industry Stabilisation Act, It:4%1:nd

1963, is repealed.

(2) Notwithstanding the repeal effected by sub- section (1) of this section, but subject to subsection

(3) 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, nineteen 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.

(3)

Any moneys paid to the Board by the Com- monwealth in respect of losses, in relation to wheat of a season to which the Wheat Industry Stabilisa- tion Act, 1963 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.

A reference in any of the provisions referred to in subsection (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 the Commonwealth Act and con- ducting its proceedings in accordance with that Act.

(4)

Wheat harvested on or after the first day of October, nineteen hundred and sixty-eight, and delivered to the Board in the State before the commencement of this Act, including wheat

(5)

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Wheat Industry Stabilization.

[1968.

delivered to a person who was a licensed receiver for the purposes of the Wheat Industry Stabilisation Act, 1963, shall be deemed to have been delivered in pursuance of section 12 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.

Definitions.

5. In this Act, unless the contrary intention

appears

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

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

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

"the Commonwealth Act" means the Wheat Industry Stabilization Act 1968 of the Commonwealth, and includes that Act as amended at any time;

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

"the guaranteed price", in relation to wheat of a season, has the same meaning as in the Commonwealth Act;

"wheat" means wheat of a season referred to in subsection (1) of section 6 of this Act;

"wheat products" has the same meaning as in the Wheat Export Charge Act 1968 of the Commonwealth.

1968.]

Wheat Industry Stabilization. [No. 58.

Seasons to

(1) Subject to this section, this Act applies in relation to the season that commenced on the	which Act
applies.
first day of October, nineteen hundred and sixty- eight, and each of the next six succeeding seasons.
(2) Subsections (7) and (8) of section 15 of this Act apply only in relation to the season that com- menced on the first day of October, nineteen hundred and sixty-eight, and the next four succeeding seasons.
Act to apply

(1) If by reason of the Constitution of the Commonwealth, a provision of this Act, or a notice	subject to	Constitu-
tion.
under a provision of this Act, cannot validly apply in relation to any particular wheat or class of wheat, that provision or notice shall be construed as intended to operate in relation to all wheat in relation to which it purports to apply, being wheat in relation to which it can validly apply.
(2) Subsection (1) of this section is in addition to, and not in substitution for, any other provision relating to the construction of Acts and statutory instruments subject to the Constitution of the Commonwealth.

8. (1) The Western Australian Wheat Board as Ault extern constituted immediately before the coming into paerg

operation of this Act is by and subject to the Cf. No. 75 of provisions of this Act continued in existence for the r31 .4"),

1958

nd , s. 6

No. m

purposes of this Act as the State Board.

1963, s. 8 (/).

77 of

(2) The State Board shall consist of seven persons gFigtteution appointed to the office of member of the State Board BC roa57	r do.. 75 of No. 31 of1958, s. 6 (2)
by the Governor.	1948, 8.4 (2),
and No. 77 of1963, s. 8 (2).
Nomina tion

(3) Of the seven persons—

or election

(a) four persons elected by the Farmers' Union Bilffloi

ar:Er

of Western Australia (Inc.) shall be

appointed to represent the interests of .

114 r

e ni

Eabeyf

wheat growers;

No. 49 of 1949, s. 3.

N 31 of

(b)

one person being the occupant for the time 1958, s. 6 (3)

being of the office of Manager of the annea

d .T. 8713).

No. 58.]

Wheat Industry Stabilization.

[1968.

Co-operative Bulk Handling limited shall be appointed to represent the interests of licensed receivers;

(c)	one person whose name is selected by the Minister from a panel of three names submitted to him by the W.A. Flour Mill- owners' Association shall be appointed to represent the interests of flour millers; and
(d)	one person nominated by The Western Austrolian Government Railways Commis- sion shall be appointed to represent the interests of that Commission.

Power of

appointment	(4)	If for any reason a person is not elected or
on failure of

nomination	nominated, as the case requires, for appointment as
or election.
Act No. 31 of	a member of the Board to represent the respective
1958, s. (4)
and No. 77 of	interests mentioned in subsection (3) of this section,
1963, s. 8 (4).	or having been so elected or nominated does not take office, the Governor may appoint to the office a person to represent the appropriate interest concerned.
Tenure of

office.	(5)	(a) A person holding office as a member of
Cf. Bill for

the Com-	the State Board immediately before the coming into
monwealth
Act, cl. 9 (4)	operation of this Act continues to be entitled to
and Acts
Nos. 31 of	hold the office as if appointed under and subject to
1958, S. 6 (5)
and 77 of	the provisions of this Act as member of the State
1983, s. 8 (3).	Board.
(b) Without prejudice to the operation of a provision of this Act under which a person ceases earlier to hold office as a member of the State Board, all persons holding office as such cease to hold office as members of the State Board at the expiration of a period of three years from and including the twenty-sixth day of October, nineteen hundred and sixty-eight, and at the expiration of each successive period of three years or upon the cessation of the existence of the Board during any of those successive periods.

1968.]

Wheat Industry Stabilization. [No. 58.

Circum-

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

stances in

which office

vacant.

becomes

by reason of the occupant

Cf. No. 75 of 1948, 6.4 (6),

(a) becoming of unsound mind, or being declared, under the provisions of any law

No. 31 of1958, s. 6 (6)

and No. 77 of

1963, s. 8 (6).

for the time being relating to mental infirmity, incapable of managing his affairs;

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

(d)	ceasing, in the opinion of the Minister, to represent the interests which he is appointed to represent;
(e)	being removed from office on the ground of misbehaviour or incapacity.

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

State Board becomes vacant, otherwise than by W. roc.14.5 of expiration of the term for which the occupant was 1,(1.31 .01 (7), appointed, the Governor may appoint to the vacant 1%21.67(713f office, a person to represent the appropriate 1963 5.8 (7).

interests concerned for the remainder of that term.

(8) When any office of member elected to nicj'engIn

represent the interests of wheat growers, is about w9grerep- to become vacant by effiuxion of the term for which /jfs.eg,1511:i the occupant was appointed, the Farmers' Union t311'.8aged by

of Western Australia (Inc.) shall elect a person for 1191.94331(e) appointment to the vacancy, and the fact that a of chr 31

person is an occupant of the office at the time of 770119e63,

nomination for the election does not prejudice his 8.8 (8)•

right to nominate.

(9) The Governor may appoint a person 0f.NO1.75or nominated by a member of the State Board and rii.3.04:(8), approved by the Minister or, if a person is not so R,5,7V.7(inf nominated, a person nominated by the Minister, 1963.8.8 (9). to act in the place of the member as his deputy

during his absence.

(10) No appointment of, and no act, matter or thing done by any person as a deputy for any

Validity Of

functions.

Cf. No. 75 of

No. 31 of1948, s. 4 (9),

member of the State Board or of or by any person

1958, s. 6

to fill any vacancy in any of the offices of member

(10) and No.

9.8 (10).

77 of 1963,

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Wheat Industry Stabilization.

[1968.

of the State Board shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

Part time

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

gr. ""- State Board no occupant is required to devote the

et No. 75 °I	whole of his time and attention to the duties of the
1943, s. 4 (10),
No. 31 of
1958, s.6 (11)	office but is required to devote such time only as

and No. 77 of is necessary efficiently to discharge those duties, and

1963, s. 8 (1/ ).

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

Minister

to appoint	(12) The Minister shall appoint from the
chairman

and his	members of the State Board, the chairman of the
deputy.
Cf. No. 75 of	State Board and a deputy chairman to act in the
No. 31 of
1948, s.4 (11),	place of the chairman during his absence.
1958, s. 6 (12) and No. 77 of 1963, s. 8 (12).

Quorum.

Cf. No. 75 of(13) Four members of the State Board form a

No. 31 of

/948, s. 4 (13), quorum and have all the powers and duties

1958, s. 6 (13) conferred upon the State Board by the provisionsand No. 77 of

1963, s. 8 (13). of this Act.

Majority

resolutions.

(14) At any meeting of the State Board the

Cf. No. 75 of

1948, s. 4

resolution of a majority is the resolution of the

(12) and

Proviso to

State Board, but each member of the State Board

s.4 (14) and

Nos. 31 of

is entitled to one vote only on any question to be

and 77 of

1958, s. 6 (14)

resolved.

1963, s. 8 (14).

Convention

of meetings

(15) The convention of meetings and conduct of

and conduct

of pro-

proceedings of the State Board shall, subject to

ceedings.

Cf. . No. 75 of	subsection (14) of this section, be as prescribed and
1948, s. 4 (14),	until prescribed shall, subject to that subsection,

No. 31 of

1958, s. 6 (15)

be regulated by the State Board.

and No. 77 of 1963, s. 8 (15).

Records to

be kept.

(16) The State Board shall keep a record of its

Cf. No. 75 of

1948, s. 4 (15),

meetings and proceedings.

No. 31 of

1958, 8. 6 (16)

and No. 77 of

1963, 8.8 (16).

1968.]

Wheat Industry Stabilization. [No. 58.

(17) A person is not rendered ineligible for appointment as a member because he has previously

Members

eligible for

re-apâoint-

ment.

occupied office of member of the Board unless he

Cf. No. 31 of1958, s. 6 (17)

has been removed under subsection (6) of this

and No. 77 Of

section for misbehaviour.

1963, s. 8 (17).

State Board shall nominate two of its members who nominate

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

are wheat growers for appointment to represent regmomffign	esn
wheat growers of the State on the Australian Wheat Izartdh.

Board.

Cf. No. 75 of and 9 of1948, s. 5 (1),

the Bill for

the

Common-

wealth Act	and Nos. 31of 1958, s. 6
of 1963,	(18) and 77

S. 8 (18).

(19)

(a) The State Board is authorised to act as Cf. cl. 16 of

the Bill for

a licensed receiver.

the Com-

Act.

monwealth

the Commonwealth Minister and the Minister Common-the

(b)

Where as the result of an agreement between gPtisUil(l2) administering this Act the whole or part of the ,e.rinl;h5Airt

remuneration or allowances payable to the State oa,, -N°0*- 31lb

Board as a licensed receiver is to be paid from the ?f9i9:ndlo.

public moneys of the State, the Consolidated 70.78°1199)63

Revenue Fund of the State is hereby appropriated	be Board Licensed
to the necessary extent.	Receiver.

(c)	Nothing in this Act shall be construed so as Cfiro. 75 of

to render the State liable in respect of the State to'e's or body, the intention being that the State Board in carrying out those functions does so for and on behalf of the Australian Wheat Board.

PART II.-POWERS OF THE AUSTRALIAN WHEAT

BOARD.

9. (1) The Board may	Powers of
Board.

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

(b) accept the delivery of wheat to it;

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Wheat Industry Stabilization.

[1968.

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

Indemnity.

10.

A member of the Board is not personally

liable for an act of the Board or of the member

acting as such.

Licensed

(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.

receivers.

11.

(2) The State Board and any other State authority authorized under an Act of the State to act as a receiver of wheat is entitled to a licence under this section.

1968.]

Wheat Industry Stabilization. [No. 58.

(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.

PART III.-DELIVERY OF WHEAT TO THE AUSTRALIAN

WHEAT BOARD.

12. (1) Subject to this Act, a person who is in

possession of wheat may deliver that wheat to the

Board.

Delivery Of

wheat.

(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 Government 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; 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, 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.

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Wheat Industry Stabilization.

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(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 shall not

(a)	without reasonable excuse, refuse or fail to deliver any wheat to the Board as required by a notice under subsection (2) of this section; 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.

Deliver/

to licensed	13. (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.
receiver.
(2) Nothing in this Act shall be taken to affect the operation of a provision of a law of the State with respect to the acceptance, or refusal of acceptance, by a licensed receiver of the delivery of wheat.

1968.]

Wheat Industry Stabilization. [No. 58.

(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.

14. (1) Except as provided in sections 11 and	Unauthorised
dealings with

12 of this Act or with the consent in writing of the	wheat.
Board, a person shall not

(a)	sell, deliver or part with the possession of, or take into his possession, wheat of any season other than wheat specified in para- graph (b) or (c) of subsection (4) of section 12 of this Act;
(b)	part with the possession of, or take into his possession, wheat of any season that is the property of the Board; or
(c)	purport to sell or offer for sale, or purport to purchase or offer to purchase, otherwise than from the Board, wheat of any season that is the property of 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.

(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.

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Wheat Industry Stabilization.

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Price to be

Paid for	15. (1) Where wheat is delivered to the Board in pursuance of this Act, 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.
wheat.
(2) The Board shall determine amounts payable under subsection (1) of this section in respect of wheat of a season by

(a)	ascertaining the net proceeds of the 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 this State are lower than freight charges 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 this State;
(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 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

1968.]

Wheat Industry Stabilization. [No. 58.

corn sacks and other necessary adjustments

in particular cases; and

(d)

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

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.

(3)

(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 Commonwealth Minister, make from time to time such advance payments as it considers justified.

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

(5)

(a)	any charge imposed by the Wheat Export Charge Act 1968 of the Commonwealth 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

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Wheat Industry Stabilization.

[1968.

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) 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;
(b)	there shall be taken into account such of the payments made or received by the Board in accordance with subsection (2) of section 13 of the Commonwealth 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 section 22 of this Act, or a corresponding provision of the Common- wealth 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.

1968.]

Wheat Industry Stabilization. [No. 58.

(8) In ascertaining the average price for the purposes of subsection (7) 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)

where the price contracted to be paid to the Board for any wheat or, where para- graph (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 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 of the Commonwealth.

respect of any wheat, or wheat and corn sacks, is Board.

16. (1) The amount payable under this Act in Pa3rment bY

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

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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 subsection (5) of this section, an assignment of moneys payable by the Board hi 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.

Declaration	17. (1) A person who-
to be

furnished

(a) delivers to a licensed receiver wheat

September, nineteen hundred and sixty-

eight; or

as to old

season's	harvested before the fifteenth day of
wheat.

(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

1968.]

Wheat Industry Stabilization. [No. 58.

of that season by notice published in the

Commonwealth of Australia Gazette under the

Commonwealth Act.

18. (1) A member of the police force of the pr m,

Commonwealth or of the State who is authorised :ghen .. re.

by the Board or the Chairman of the Board to act

under this section may

(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 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 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 6 of this Act, other than wheat that is the property of the Board, of which possession is taken under subsection (1) of this section, 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.

19. (1) For the purposes of this Act, the Board rear

may, by notice in writing served on the person to returns •

whom it is addressed either

(a) personally; or

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

require a person to furnish in writing to the Board, within the time specified in the notice, such

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Wheat Industry Stabilization.

[1968.

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.

Proper care

A person having wheat the property of the 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.

to be taken

20.

of wheat

owned by	Board in his possession or under his care shall
Board.
Home

(1) The price at which, on or after the first and before the first day of December, nineteen hundred and seventy-three, the Board shall sell wheat for use or consumption in Australia is the appropriate price ascertained in accordance with this section.

consumption

21.

Price of	day of December, nineteen hundred and sixty-eight,
wheat.

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.

(2)

(3) The price otherwise applicable under sub- section (2) 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.

For the purpose of reimbursing the Board for costs of shipment of wheat to the State of Tasmania, the price applicable under subsections (2) and (3) of this section shall be increased by an amount of

(4)

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Wheat Industry Stabilization. [No. 58.

one cent per bushel, or, if the Commonwealth Minister has made a determination or deter- minations under subsection (5) of this section, by the amount applicable in accordance with the latest such determination.

(5) If the Board, at any time, reports to the Commonwealth Minister that the amounts being received by the Board by reason of the operation of subsection (4) of this section, together with amounts being received under corresponding pro- visions of the Commonwealth Act and of the 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 Minister may determine that the amount per bushel to be added to the price in accordance with subsection (4) of this section shall be reduced or increased to such extent as he considers necessary.

(6)

The price in respect of a sale other than a sale specified in subsection (2) of this section is a price per bushel ascertained by adding to or deduct- ing 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 nineteen hundred and sixty-eight, and each subsequent period of twelve months.

(8) Notwithstanding the repeal of section 20 of the Wheat Industry Stabilisation Act, 1963-

(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 the first day of December, nineteen hundred and sixty-eight; and

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Wheat Industry Stabilization.

[1968.

(b)	all moneys received by the Board in respect of such sales by reason of the operation of subsections (3) and (4) of that section shall be deemed to be moneys to which subsection (1) of section 22 of this Act applies.

Special

account for	22. (1) Notwithstanding any other provision of keep a separate account of the moneys received by the Board by reason of the operation of subsections (4) and (5) of section 21 of this Act, and of pay- ments made out of those moneys, and shall not apply those moneys except in accordance with this section.
freight to
the State of	this Act but subject to this section, the Board shall
Tasmania.

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

(2)

The Board shall use the moneys referred to in subsection (1) of this section 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.

(3)

Any moneys referred to in subsection (1) of this section that remain unexpended after the Board has disposed of the whole of the wheat of the season ending on the thirtieth day of September, nineteen 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 Minister, after consultation with the appropriate Minister of each State, directs.

(4)

(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 21 of the Wheat Industry Stabilisation Act, 1963 shall be deemed to be moneys to which subsection (1) of this section applies.

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Wheat Industry Stabilization. [No. 58.

PART IV.-MISCELLANEOUS.

Use of funds

23.

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.	by Board.
Offences.

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 punish- able by a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months.

24.

25. The Governor may make regulations, not Regulations.

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 penalties not exceeding a fine of Two hundred dollars or imprisonment for six months, or both, for offences against the regulations.