Wheat Industry Stabilization (Amendment) Act 1957 (NSW)

WHEAT INDUSTRY STABILIZATION (AMEND-

MENT) ACT.

Act No. 48, 1957.

An Act to authorise an increase in the home consumption price of wheat during the year commencing on the first day of December, one thousand nine hundred and fifty-seven; for this purpose to amend the Wheat Industry Stabilization Act, 1954; and for purposes connected therewith. [Assented to, 28th November, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Wheat Industry Stabilization (Amendment) Act, 1957".

(2) The W h e a t I n d u s t r y Stabil ization Act, 1954, as

amended by this Act, m a y be cited as the W h e a t	I n d u s t r y
Stabilization Act, 1954-1957.

2. The W h e a t I n d u s t r y Stabil ization Act, 1954, is

amended—

(a)	by omitting from subsection three of section
seventeen the words "subsec t ion four of" ;
(b)	by inserting next after subsection five of the same section the following new subsection:—

(5A) ( a ) The Minister may, by notification published in the Gazette, determine t ha t the price applicable under subsection two or three of this section in respect of a sale specified in subsec­ t ion two of this section made dur ing the w h e a t impor t ing year and af ter a da te to be specified in the notification shall be increased by an amount pe r bushel specified in the notification, and the notification shall have effect according to i ts tenor .

(b) The amount specified in the notifica­
tion under p a r a g r a p h (a) of this subsection shall
be an amount which, when mult ipl ied by the

number of bushels of wheat which the B o a r d est imates will be the subject of all sales specified

in this section made dur ing the whea t impor t ing year and after the date re fe r red to in p a r a g r a p h (a) of this subsection, will produce an amount equal to the sum of the following amounts , as determined or est imated, and notified to the Minister , by the Board , namely—

(i)   where wheat has been or is to be impor ted by the B o a r d for sale pu r suan t to this section in New South

Wales

Wales du r ing tha t yea r and the wheat was or is whea t not specially acquired by the Boa r d outside Aus t ra l i a for the purpose of impor t ing it into Aus t ra l i a —an amount equal to the costs of and incidental to the t r a n s p o r t of the wheat from the place from which it is or is to be impor ted to a p o r t of impor t in New South Wales ( including the costs of and incidental to the loading of the wheat a t the po r t of export outside New South Wales and the unloading of the whea t a t the p o r t of impor t in New

South W a l e s ) ;

(ii)   where wheat has been or is to be im­ por ted by the Boa r d for sale p u r s u a n t to th is section in New South Wales du r ing tha t yea r and the wheat was or is wheat specially acquired by the B o a r d outside Aus t ra l i a for the purpose of impor t ing it into Aus t ra l i a—an amount equal to the difference between the sum tha t would have been real ised by the B o a r d had this subsection not been enacted and had the wheat so impor ted or to be impor ted been sold by sales of

the kind specified in subsection two of

this section and the costs of and incidental to the purchase of the whea t and i ts t r a n s p o r t f rom the place from which i t was, or is to be, impor ted to a po r t of impor t in New South Wales ( including the costs of and incidental to the loading of the whea t a t the po r t of expor t outside New South Wales and the unloading of the whea t a t the po r t

of impor t in New South W a l e s ) ;

(iii)

(iii)   an amount equal to the costs of and

incidental to t r a n s p o r t i n g any wheat

t r anspor t ed or to be t r anspo r t ed for sale dur ing tha t yea r from a po r t of impor t in New South Wales to the places of delivery in New South Wales from which the wheat is to be delivered by the B o a r d p u r s u a n t to sales in respect of which the pr ice is to be ascer­ ta ined in accordance with subsection six of this section (including the costs of and incidental to the loading of the wheat a t the po r t of impor t in New South Wales and the unloading of the wheat a t the places of del ivery in New

South W a l e s ) ; and

(iv)   an amount equal to the sum of the deductions to be made dur ing the wheat impor t ing y e a r and af ter the da te re fe r red to in p a r a g r a p h (a) of this subsection, for the purpose only of mak­ ing p rope r allowances for the places of delivery, p u r s u a n t to subsection six of this section.

l e s s -

(v)   any payments otherwise received or to be received by the Board in respect of

any such amount .

(c) If a t any t ime dur ing the wheat impor t ing yea r the Minis ter is satisfied t ha t the amounts then actual ly received, together with the amounts , as es t imated by the Board , there­ af ter to be received, by the B o a r d by reason of the opera t ion of this subsection ( together with any payments re fe r red to in s u b p a r a g r a p h (v)

of p a r a g r a p h	(b) of this subsection then actually
91443—13	received

received by the Board , and any payments so re fer red to, as es t imated by the Board , there­ after to be received by the Boa rd ) are more or less than the sum of—

(i)   that part of the amounts referred to in subpa rag raphs ( i ) , (ii) and (iii) of p a r a g r a p h (b) of this subsection in respect of which the Board has then

actually incurred l iabi l i ty;

( i i) tha t p a r t of the amounts so re fer red

to, as est imated by the Board , in respect of which the Board will thereaf ter incur l iabil i ty;

(iii)   the sum of the deductions referred to in s u b p a r a g r a p h (iv) of p a r a g r a p h (b) of th is subsection then actually made by

the B o a r d ; and

(iv)   the sum of the deductions so referred to, as es t imated by the Board , to be thereaf ter made by the Board ,

the Minister may, by notification published in the Gazette, determine t ha t the price t h a t would have been applicable under subsection two or th ree of this section in respect of a sale speci­ fied in subsection two of this section h a d this subsection not been enacted shall be the price applicable to such a sale made dur ing the wheat impor t ing yea r and af ter a da te to be specified in the notification, or shall, in respect of such a

be increased by an amount speci f ied in the notifi­sale made dur ing t ha t year and a f t e r tha t da te ,

cation, as the case m a y be.

A n y notification unde r th is p a r a g r a p h shall

have effect according to i ts t enor and shall have effect no twi ths tand ing any p r io r notification

unde r th i s subsection.

Notifications under this p a r a g r a p h may be

made from time to t ime as the Minis ter thinks

fit.

(d)

(d) The provisions of this subsection are '

in addition to and not in substitution for the provisions of subsections four and five of this section.

(c) by inserting at the end of subsection six of the same section the following new paragraph:—•

Where wheat is sold by the Board during the wheat importing year and the sale is a sale in respect of which the price is ascertained in accordance with the provisions of this subsec- tion, the wheat shall, for the purpose of making a proper allowance for the place of delivery under the contract for the sale, be deemed to be wheat received pursuant to this Act by the Board at that place of delivery.

(d) by inserting in subsection seven of the same section next after the definition of " the Inter- national Wheat Agreement pr ice" the following new definition:—

"wheat importing yea r " means the period of twelve months commencing on the first day of December, one thousand nine hundred and fifty-seven.