Wheat Industry Stabilization Act 1973
No. 159 of 1973
AN ACT
To
amend the Wheat Industry Stabilization
Act 1968-1970.
[Assented to 3 December 1973]
BE IT
ENACTED by the Queen, the Senate and the House of Representatives of Australia,
as follows:—
Short
title and citation.
1. (1) This Act may be cited as the Wheat Industry Stabilization Act
1973.
(2) The Wheat Industry Stabilization Act 1968-1970
is in this Act referred to as the Principal Act.
(3) The
Principal Act, as amended by this Act, may be cited as the Wheat Industry Stabilization Act 1968-1973.
Commencement.
2. This Act shall come into operation, or shall be deemed to have
come into operation, as the case requires, on a date to be fixed by
Proclamation, which may be a date earlier than the day on which this Act
receives the Royal Assent.
Parts.
3. Section 3 of the Principal Act is repealed.
Definitions.
4. Section 5 of the Principal Act is
amended by omitting the definition
of
“quota season” and substituting the following definition:—
“‘quota
season’ means the season that commenced on 1 October 1969 or any of the next
four succeeding seasons;”.
Seasons
to which Act applies.
5. Section 6 of the Principal Act is
amended.—
(a) by omitting from sub-section
(1) the word “six” and substituting the word “seven”; and
(b) by omitting from sub-section
(2) the word “four” and substituting the word “five”.
Proclamation
of quota seasons.
6. Section 6a
of the Principal Act is repealed.
Guaranteed
price.
7. Section 7 of the Principal Act is amended by adding at the end
thereof the following sub-section:—
“(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”.
Quota
seasons.
8. Section 21a
of the Principal Act is amended by adding at the end thereof the following
sub-section:—
“(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.”.
9. After section 27 of the Principal Act the following section is inserted:—
Home
consumption price of wheat for 1973-1974.
“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.”.
Price
of wheat for use in Australia otherwise than for human consumption.
10. Section 27a of the Principal Act is amended—
(a) by omitting from sub-section
(1) the words “the last preceding section” and substituting the words “sections
27 and 27aa”; and
(b) by omitting from sub-section
(1) the words “that section” and substituting the words “section 27 or 27aa”.
Special
account for freight to the State of Tasmania.
11. Section 28 of the Principal Act is amended by omitting from
sub-section (4) the words “the thirtieth day of September, One thousand nine
hundred and seventy-three,” and substituting “30 September 1974”.
Refunds
from Fund.
12. Section 32 of the Principal Act is amended by omitting from
sub-section (2) the words “the thirtieth day of September, One thousand nine
hundred and seventy-three,” and substituting the words “30 September 1974”.
Minor
amendments.
13. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section
13
MINOR AMENDMENTS
1. The following
provisions of the Principal Act are amended by omitting the words “of this Act”
and “of this section” (wherever occurring):—
Sections 5 (definition of “the
guaranteed price”), 6(2), 7(3), 9(6), (7), (8) and (9), 18(5), 20(1), 21(1) and
(6), 21a(4), 24(1), 27(6), 27a(4), 28(4), 31(3) and (5) and 32(1),
(4) and (6).
2. The
Principal Act is tether amended as set out in the following table:—
Provision | Amendment |
Section 4............. | Omit “the first day of October, One thousand nine
hundred and sixty-eight,” (wherever occurring), substitute “1 October 1968”.
|
Section 6............. | Omit “the first day of October, One thousand nine
hundred and sixty-eight,” (wherever occurring), substitute “1 October 1968”.
|
Section 7(1)......... | Omit “the first day of October, One thousand nine
hundred and sixty-eight,” substitute “1 October 1968”.
|
Section 7(3)......... | Omit “the first day of October, One thousand nine
hundred and sixty-eight”, substitute “1 October 1968”,
|
Section 18........... | Add
the following sub-section:— “(5a)
Where, during the season that commenced on 1 October 1973 or asubsequent 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”.
|
Section 20........... | After
sub-section (1), insert the following sub-section:— “(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”.
|
Section 20(2)....... | Omit “the last preceding sub-section”, substitute “sub-section
(1)”.
|
Section 21(2)(b)... | Omit “Two and one-half cents per bushel”, substitute
“Ninety-two cents per tonne”,
|
Section 21(2)(c)... | Omit “bushels”, substitute “tonnes”. |
Section 21(7)....... | (a) Omit “bushel”, substitute “tonne”. (b) Omit “bushels”, substitute “tonnes”. (c) Omit “Two hundred million”, substitute “5,443,108”.
|
Section 23(1)....... | Omit “the fifteenth day of September, One thousand
nine hundred and sixty-eight,” substitute “15 September 1968”.
|
Schedule—continued
Provision | Amendment |
Section 24(3)............ | (a) Omit “of this Act” (first occurring). (b) Omit “of this section”. |
Section 27(1)............ | (a) Omit “the first day of December, One thousand
nine hundred and sixty-eight,” substitute “1 December 1968” (b) Omit “the first day of December, One thousand
nine hundred and seventy-three”, substitute “1 December 1973”.
|
Section 27(2)............ | (a) Omit “bushel”, substitute “tonne”. (b) Omit “One dollar seventy cents”, substitute “Sixty-two
dollars forty-six cents”.
|
Section 27(3)............ | Omit “One dollar forty-five cents per bushel”, substitute
“Fifty-three dollars twenty-eight cents per tonne”.
|
Section 27(4)............ | Omit “One cent per bushel”, substitute “Thirty-seven
cents per tonne”.
|
Section 27(5)............ | Omit “bushel”, substitute “tonne”. |
Section 27(6)............ | Omit “bushel” (wherever occurring), substitute “tonne”
|
Section 27(7)............ | Omit “the first day of December, One thousand nine
hundred and sixty-eight,”, substitute “1 December 1968”.
|
Section 27(8)(a)........ | Omit “the first day of December, One thousand nine hundred
and sixty-eight,” substitute “1 December 1968”.
|
Section 27(8)(b)........ | Omit “the next succeeding section”, substitute “section
28”.
|
Section 27a.............. | Omit “bushel” (wherever occurring), substitute “tonne”.
|
Section 27a(5).......... | Omit “the last preceding section”, substitute “section
27 or sub-section (5) of section 27aa”.
|
Section 28(1)............ | Omit “the last preceding section”, substitute “section
27 and sub-sections (5) and (6) of section 27aa”.
|
Section 28(3)............ | Omit “of this section”. |
Section 32(7a).......... | Omit “section twenty-one a of this Act”, substitute “ section 21a”,
|
Section 32(8)............ | Omit “the first day of October, One thousand nine
hundred and sixty-eight,”, substitute “1 October 1968”.
|