Wheat Industry Stabilization Act 1974 (WA)

WESTERN AUSTRALIA.

WHEAT INDUSTRY

STABILIZATION.

No. 66 of 1974.

AN ACT relating to the Marketing of Wheat and

the Stabilization of the Wheat Industry.

[Assented to 9th December, 19741

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.

1. This Act may be cited as the Wheat Industry Short title.

Stabilization Act, 1974.

2. This Act shall be deemed to have come into re

operation on the first day of October, 1974.

No. 66.] Wheat Industry Stabilization.

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Parts.

3. This Act is divided into Parts as follows—

PART I.—PRELIMINARY, (ss. 1-8).

PART IL—MARKETING OF WHEAT, (ss. 9-18).

PART III.—STABILIZATION PROVISIONS, (ss. 19-22).

PART IV.—MISCELLANEOUS, (ss. 23-30).

Repeal and

saving.

4. (1) The Wheat Industry Stabilization Act, 1968, the Wheat Industry Stabilization Act Amend- ment Act, 1969 and the Wheat Industry Stabilization Act Amendment Act, 1973 are repealed.

(2) Notwithstanding the repeals effected by subsection (1) of this section and section 8 of the Wheat Delivery Quotas Act Amendment Act, 1974 but subject to subsection (3) of this section, any provisions of an Act that would, but for those repeals, have continued to apply to, or in relation to, wheat harvested before the first day of October, 1974, 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.

A reference in any of the provisions referred to in subsection (2) of this section to the Australian Wheat Board continued in existence by an Act of the Parliament of the Commonwealth 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.

(3)

Wheat harvested on or after the first day of October, 1974, and delivered to the Board in the State before the commencement of this Act, including wheat delivered to a person who was a licensed receiver for the purposes of the Wheat Industry Stabilization Act, 1968-1973, shall be deemed to have been delivered in pursuance of

(4)

1974.]

Wheat Industry Stabilization. [No. 66.

section 12, 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, unless the contrary intention Definitions.

appears

"appropriate Minister", in relation to a State, means a 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;

"Board" means the Australian Wheat Board continued in existence by the Common- wealth Act and conducting its proceedings and affairs in accordance with that Act;

"Commonwealth Act" means the Wheat Industry Stabilization Act 1974 of the Parliament of the Commonwealth, 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 Common- wealth of Australia acting for and on behalf of that Minister;

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

"quota season" means a season declared by, or by proclamation under, the Commonwealth Act to be a quota season;

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

harvested;

"section" means section of this Act;

No. 66.] Wheat Industry Stabilization.

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"wheat" means wheat of a season referred to

in section 6;

"wheat products" means a substance (other than bran or pollard) produced by the gristing, crushing, grinding, milling or other processing of wheat, and includes any of the following products made from wheat

(a)	flour, semolina, sharps, wheatmeal, starch, gluten, rice substitutes and breakfast foods; and
(b)	any other commodity produced mainly from other wheat products or from wheat.

Seasons to

Except as otherwise provided by this Act, this Act applies in relation to the season commencing on the first day of October, 1974 and each of the next six succeeding seasons.

which Act

applies.

Act to

(1) If by reason of the Constitution of the Commonwealth, 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 in relation to which it purports to apply, being wheat in relation to which it can validly apply.

apply

subject to

Constitution.

(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 Com- monwealth.

The

Western	8. (1) The Western Australian Wheat Board as of this Act is by and subject to the provisions of this Act continued in existence for the purposes of this Act as the State Board.
Australian
Wheat	constituted immediately before the commencement
Board.

1974.]

Wheat Industry Stabilization. [No. 66.

Constitution

(2) The State Board shall consist of seven persons

appointed to the office of member of the State

Board by the Governor.

of State

Board.

Nomination

(3) Of the seven persons—

or election

and

(a)	of Western Australia (Inc.) shall be State Board.

four persons elected by the Farmers' Union selection of wheat growers;

(b)	one person being the occupant for the time being of the office of Manager of Co-oper- ative Bulk Handling Limited shall be appointed to represent the interests of licensed receivers;
(c)	one person whose name is selected by theMinister from a panel of three names sub-

mitted 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 Australian Government Railways Commis- sion shall be appointed to represent the interests of that Commission.

(4) If for any reason a person is not elected, a°`°°' °f

selected or nominated, as the case requires, for gNigitea-

appointment as a member of the State Board to

represent the respective interests mentioned in sub-

section (3) of this section, or having been so elected,

selected or nominated does not take office, the Gov-

ernor may appoint to the office a person to represent

the appropriate interest concerned.

(5) (a) A person holding office as a member of 2:ef"f

the State Board immediately before the commence- ment of this Act continues to be entitled to hold the office as if appointed under and subject to the provisions of this Act as member of the State Board.

(b) Without prejudice to the operation of a 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

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as members of the State Board at the expiration of a period of three years from and including the twenty- sixth day of October, 1974, and at the expiration of each successive period of three years or upon the cessation of the existence of the State Board during any of those successive periods.

Circum-

stances	(6) Subject to the provisions of this Act, the
in which

office	office of member of the State Board becomes vacant
becomes
vacant.	by reason of the occupant

(a)	becoming of unsound mind, or being declared, under the provisions of any law for the time being relating to mental infirmity, incapable of managing his affairs;
(b)	becoming bankrupt, or availing himself as a debtor of any law for the relief of bank- rupt debtors;

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

Appointment

to fill	(7) When any of the offices of member of the State Board becomes vacant, otherwise than by expiration of the term for which the occupant was appointed, the Governor may appoint to the vacant office, a person to represent the appropriate interests concerned for the remainder of that term.
vacancy.
Vacancy in

office of

(8) When any office of member elected to

wheat rowers'represent the interests of wheat growers is about

ative.

represent- to become vacant by effluxion of the term for which

the occupant was appointed, the Farmers' Union of Western Australia (Inc.) shall elect a person for appointment to the vacancy, and the fact that a person is an occupant of the office at the time of nomination for the election does not prejudice his right to nominate.

1974.]

Wheat Industry Stabilization. [No. 66.

Deputies.

(9)

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

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

thing done by any person as a deputy for any mem- ber of the State Board or of or by any person to fill any vacancy in any of the offices of member of the State Board shall be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

Part time

(11) In respect of the office of member of the State Board no occupant is required to devote the	duties and
remuneration
whole of his time and attention to the duties of the office but is required to devote such time only as is necessary efficiently to discharge those duties, and whether as member of the State Board or a deputy or a person appointed to fill a vacancy, is entitled to such remuneration, allowances and leave of absence as shall be determined by the Governor.
Minister to
(12) The Minister shall appoint from the members of the State Board, the chairman of the	appoint chairman
and his
State Board and a deputy chairman to act in the	deputy.
place of the chairman during his absence.
(13) Four members of the State Board form a quorum and have all the powers and duties conferred upon the State Board by the provisions of this Act.	Quorum.
Majority
(14) At any meeting of the State Board the resolution of a majority is the resolution of the State Board, but each member of the State Board is entitled to one vote only on any question to be resolved.	resolutions.
Convention
(15) The convention of meetings and conduct of proceedings of the State Board shall, subject to	of meetings and
conduct of
subsection (14) of this section, be as prescribed and	proceedings.
until prescribed shall, subject to that subsection, be regulated by the State Board.

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Records to

be kept.	(16) The State Board shall keep a record of its meetings and proceedings.
Members
eligible for	(17) A person is not rendered ineligible for appointment as a member because he has previously held office as a member of the State Board unless he has been removed under subsection (6) of this section for misbehaviour.
re-appoint-
ment.
State Board

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

members	State Board shall nominate two of its members who
for office
On	are wheat growers for appointment to represent
Common-
wealth	wheat growers of the State on the Australian Wheat
Board.	Board.
State

Board	(19)	(a) The State Board is authorized to act as
to be

Licensed	a licensed receiver.
Receiver.

(b)

Where as the result of an agreement between the Commonwealth Minister and the Minister administering this Act the whole or part of the remuneration or allowances payable to the State Board as a licensed receiver is to be paid from the public moneys of the State, the Consolidated Revenue Fund of the State is hereby appropriated to the necessary extent.

(c)

Nothing in this Act shall be construed so as to render the State liable in respect of the State Board's function as a licensed receiver to any person 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.-MARKETING OF WHEAT.

Powers of

Board.

9. (1) The Board may

(a)	purchase wheat and wheat products;
(b)	accept the delivery of wheat to it;
(c)	sell or dispose of, or make arrangements for the sale or disposal of, wheat and wheat products;

1974.	]	Wheat Industry Stabilization. [No. 66. grist or arrange for the gristing of wheat and sell or otherwise dispose of the products of the gristing;
(d)
(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 incidental 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) For the purposes of this Act the Board is not bound to preserve the identity of wheat of a season and may keep its accounts and records in respect of sales of wheat and wheat products in such manner as will, in its judgment, attribute sales to wheat of different seasons in an equitable manner, and sales so attributed to wheat of a season shall be deemed to relate to wheat of that season.

10. The Commonwealth Minister may give Directions directions to the Board concerning the performance Minister. of its functions and the exercise of its powers, and

the Board shall comply with those directions.

11. (1) Subject to this section, the Board may L=eers.

grant a licence in writing, subject to such conditions r

as are specified in the licence, to a person, firm,

company or authority of the State to receive wheat

on behalf of the Board, and may cancel or suspend

any such licence.

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

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(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.

Delivery

of wheat.

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

possession of wheat 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 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, wheat that is in the possession of that person; or
(d)	to deliver to the Board, in accordance with any directions in the notice, 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.

(4) A notice under this section shall not require the delivery to the Board of

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

1974.]

Wheat Industry Stabilization. [No. 66.

(b)	wheat that has been sold by the Board; or
(c)	wheat that has been 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 quantity of the wheat in respect of which the offence is committed at the rate of Two hundred dollars per tonne, or imprisonment for six months, or both.

(6) For the purposes of this section and of notices under this section, where a person has possession of wheat immediately upon its harvesting, that wheat shall be deemed to have come into the possession of that person at the time of its harvesting.

Delivery to

13. (1) Delivery of wheat to the Board may be made by delivering the wheat to a licensed receiver	licensed.
receiver.
and not otherwise, and the delivery is not effective unless and until the delivery is accepted by the licensed 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.

(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.

No. 66.] Wheat Industry Stabilization.

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Unauthorized

dealings	14. (1) Except as provided in sections 12 and 13,
with

wheat.

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, or grist or otherwise process (otherwise than for the purpose of the use of the produce of the gristing or processing on the farm where the wheat was grown), or mix with any other grain or substance, wheat of any season other than wheat specified in paragraph (b) or (c) of subsection (4) of section 12;
(b)	move, or cause or permit to be moved, from the farm where the wheat was grown-

(i) wheat of any season, other than wheat specified in paragraph (b) or (c) of subsection (4) of section 12; or

(ii) wheat products produced from such

wheat;

(c)	part with the possession of, or take into his

possession, wheat of any season that is the

property of the Board; or

(d)	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 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 Two Hundred dollars per tonne, or imprisonment for six months, or both.

(2) 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;

1974.]

Wheat Industry Stabilization. [No. 66. 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 prima facie evidence of the facts stated in the certificate; and

(b)

(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.

15. (1) Where wheat is delivered to the Board in Alaeftoor be

pursuance of section 12, the Board shall pay for that what.

wheat (including the corn sacks, if any, in which the

wheat is delivered) an amount determined by the

Board in accordance with this section.

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

(a)	ascertaining the net proceeds of the 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 to places outside Australia are lower than freight charges in respect of the export of wheat of that season from other places in Australia to places outside Australia, but not exceeding an amount calculated at the rate of ninety- two cents per tonne of the wheat of that season exported from this State to places outside Australia;
(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

No. 66.] Wheat Industry Stabilization.

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of this Act or otherwise) on the basis of the quantity of wheat so delivered by each such person, with proper allowance for differences in the quality of wheat and for charges by the Board in respect of costs of the transport of wheat to terminal ports from places at which wheat has been 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; 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 tonne 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 tonnes of wheat of that season grown in this State and delivered to the Board in this State.

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 con- siders justified.

(3)

Subject to this section and to section 20, 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 that wheat (including corn sacks in which the wheat was sold) after deducting

(4)

(a)	any charge imposed by the Wheat Export Charge Act 1974 of the Parliament of the Commonwealth in relation to wheat of that season; and

1974.	]	Wheat Industry Stabilization. [No. 66. costs 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 and will not be covered by charges referred to in para- graph (c) of subsection (2) of this section.
(b)

(5) In ascertaining the net proceeds of the dis- posal 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)	amounts paid by the Board in respect of expenses referred to in subsection (3) of section 40 of the Commonwealth Act shall be deemed to be costs referred to in sub- section (4) of this section;
(c)	there shall be taken into account such of the payments made or received by the Board in accordance with subsection (3) of section

17 of the Commonwealth Act as the Board

considers may equitably be related to wheat

of that season;

(d)

no account shall be taken of moneys to which section 22 or a corresponding provis- ion of the Commonwealth Act, or of an Act of another State, applies or of costs of the Board payable out of those moneys; and

(e)

there shall be taken into account payments made to the Board in accordance with sub- section (2) of section 18 of the Common- wealth Act in relation to wheat of that season.

(6) The costs referred to in paragraph (b) of sub- section (4) of this section include costs paid or reimbursed by the Board in connection with the administration of a law of a State relating to wheat quotas.

(7) 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 1957-1973 of the Parliament of the Commonwealth.

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Quota

seasons.

16. (1) In relation to a quota season, or a season that is not a quota season but immediately follows a quota season, section 15 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) For the purposes of this section, "quota wheat", in relation to a quota season (in this sub- section referred to as "the relevant season") means wheat of the relevant season delivered to the Board in the relevant season, or wheat of an earlier quota season delivered to the Board in the earlier quota season but not included in the pool for that season, or delivered to the Board in the relevant season, being in either case

(a)	wheat which appears from the records of the Board to be part of a quota allocated, in respect of the relevant season, to the State in which it was delivered under arrangements between the Government of the Commonwealth and the Governments of the States relating to wheat quotas; and
(b)	if, under the law of the State in which the wheat was delivered relating to wheat quotas, quotas have been allocated to individual persons in respect of the relevant season, wheat which appears from the records of the Board to be the whole or a part of a quota applicable in respect of the relevant season to a person under that law,

and, for the purposes of this subsection, the Australian Capital Territory shall be deemed to be part of the State of New South Wales and the Northern Territory shall be deemed to be part of such State as is prescribed by the regulations under the Commonwealth Act.

(3) 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 the Commonwealth or of another State)

(a)	wheat which is quota wheat in relation to the relevant season;

1974.	1	Wheat Industry Stabilization. [No. 66. any other wheat of the relevant season or of an earlier quota season delivered in the relevant season that is declared by the Board to have been sold by the Board, by way of export sale or sale for export, at a premium on the price of Australian stand- ard white wheat, and paid for in full, during the relevant season; and
(b)
(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, before or during the relevant season.

(4) 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 the Commonwealth or of another 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.

(5) The Board may, in such manner as it considers equitable, for the purposes of a declaration under paragraph (b) or (c) of subsection (3) of this section, attribute sales of wheat of a particular kind to all or any of the wheat of that particular kind delivered by particular persons.

Payment

17. (1) Subject to subsections (4) and (5) of

by Board.

this section and to any other law to which the Board is subject, the amount payable under section

No. 66.] Wheat Industry Stabilization.

[1974.

15 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 section 15 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.

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.

(3)

Subject to subsection (5) of this 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.

(4)

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.

(5)

Declara-	18. (1) For the purposes of this section
tion to be
furnished

as to old	(a) the final delivery day for the season that commenced on the first day of October, 1973 is the thirtieth day of September, 1974; and
season's
wheat.

1974. Wheat Industry Stabilization. 1No. 66. the final delivery day for a subsequent season is the day declared by the Common- wealth Minister, by notice published in the Australian Government Gazette under the Commonwealth Act, to be the final delivery day for that subsequent season.

(b)

(2) A person who delivers to a licensed receiver, after the final delivery day for a season, wheat harvested in that season, shall, at the time of delivery of the wheat, deliver to the licensed receiver a declaration in writing signed by him correctly stating the season during which the wheat w2- harvested.

PART III.-STABILIZATION PROVISIONS.

Season

19. In this Part, "season to which this Part applies" means the season commencing on the first	oeast)i	w
Part

applies.

day of October, 1974 or any of the next four succeed-

ing seasons.

20. For the purposes of section 15, the net =1114

proceeds of the disposal of wheat of a season to 7,1=

which this Part applies shall be deemed to include— Toga.

(a)	any amount paid to the Board in respect of that season in pursuance of subsection (4) of section 30 of the Commonwealth Act, out of the Wheat Prices Stabilization Fund referred to in that section; and
(b)	any amount referred to in subsection (4) of section 31 of the Commonwealth Act received by the Board out of that Fund, and any amount of interest referred to in that subsection, being an amount that the Board is required by that subsection to apply as if it were part of the proceeds of the disposal by the Board of the wheat of that season delivered to the Board.

No. 66.] Wheat Industry Stabilization.

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Home

consump-	21. (1) The price at which, in the year com-
tion price

of wheat.	mencing on the first day of December, 1974 or any of the next four succeeding years, the Board shall, by a contract made in the State, sell wheat for use or consumption in Australia is the price that would be applicable under the Commonwealth Act if the contract were made in the Australian Capital Territory.
(2) Notwithstanding the repeal of sections 21AA and 21A of the Wheat Industry Stabilization Act, 1968-1973-

(a)	the provisions of those sections continue to be applicable to sales made after the com- mencement of this Act and before the first day of December, 1974; and
(b)	all moneys received by the Board in respect of such sales by reason of the operation of subsections (3) and (4) of section 21AA of that Act shall be deemed to be moneys to which subsection (1) of section 22 of this Act applies.

Special

account for	22. (1) Subject to this section, the Board shall the Board by reason of the inclusion in the price for a sale of wheat to which subsection (1) of section 21 applies of an amount in respect of the costs of ship- ment of wheat by the Board to the State of Tasmania and of payments made out of those moneys and shall not apply those moneys except in accordance with this section.
freight to
State of	keep a separate account of the moneys received by
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

(3)

1974.]

Wheat Industry Stabilization. [No. 66.

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 (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, 1979 delivered to the Board in Australia shall be applied by the Board for the benefit of the wheat industry in such manner as the Commonwealth Minister, after consultation with the appropriate Minister of each State, directs.

(5) Any moneys that, immediately before the commencement of this Act, stood to the credit of the account kept by the Board for the purposes of section 22 of the Wheat Industry Stabilization Act, 1968-1973 shall be deemed to be moneys referred to in subsection (1) of this section.

(6) In relation to sales of wheat by the Board for shipment to the State of Tasmania in respect of which the Board bears the cost of shipment, the Board shall take such measures as are practicable to obtain recoupment of the cost of the shipment in respect of such of that wheat as is used in the production in Tasmania of wheat products that are sent to other States for consumption in Australia and may include in contracts made by the Board provisions for that purpose.

(7)

Any moneys received by the Board in accord- ance with subsection (6) of this section by way of recoupment of costs of shipment shall be used by the Board in meeting the costs of shipment of wheat by the Board to the State of Tasmania.

PART IV.-MISCELLANEOUS.

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

No. 66.1 Wheat Industry Stabilization.

[1974.

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.

Board may

require

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

returns.

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, wheat products, or corn sacks 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 to	25. 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.
be taken
of wheat	Board in his possession or under his care shall
owned by
Board.
Entry of

premises,	26. (1) A member of the police force of the
seizure of

wheat, etc.

Commonwealth or of the State 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 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

1974.]

Wheat Industry Stabilization. [No. 66. 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.

(b)

(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, 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 section 12.

27. A notice, authority, communication or Notices by

Board.

instrument given or made by the Board shall be sufficiently authenticated if signed by the Chairman on behalf of the Board, and a notice, authority, communication or instrument so signed shall, in the absence of proof to the contrary, be deemed to have been given or made with the authority of the Board.

28. A member of the Board is not personally Indemnity.

liable for an act of the Board or of the member

acting as such.

29. A person who contravenes or fails to comply Offences.

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.

No. 66.] Wheat Industry Stabilization.

[1974.

Regulations.

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