Wheat Industry Stablization Act and Another Act Amendment Act 1978 (Qld)

758 (Qit$$Its1akt4 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 89 of 1978 An Act to amend the Wheat IndustryStabilizationAct 1974 and the Wheat Pool Act 1920-1972 each in certain particulars, [ ASSENTED TO 15TH DECEMBER, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Wheat IndustryStabilization Act and Another Act Amendment Act 1978. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-AMENDMENT OF WHEAT INDUSTRY STABILIZATION ACT 1974 (ss. 4-10) ; PART III-AMENDMENT OF WHEAT POOL ACT 1920-1972 (ss. 11-13);

Wheat Industry Stabilization Act and Another Act Amdt Act 1978, No. 89 759 PART 11-AMENDMENT OF WHEAT INDUSTRY STABILIZATION ACT 1974 4. Citation . (1) In this Part the Wheat Industry Stabilization Act1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Wheat Industry Stabilization Act1974-1978. 5. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) inserting after the definition " Board " the following definition:- " Committee " means the Wheat Varieties Advisory Committee constituted for the purposes of this Act;"; (b) omitting the definition " Licensed receiver " and substituting the following definition:-- " Licensed receiver " means a State corporation licensed by the Board to receive wheat on behalf of the Board;"; (c) inserting after the definition " State Board " the following definition:- State corporation " means any of the following bodies corporate- (a) The Grain Elevators Board of New South Wales constituted under the Grain Elevators Act, 1954, as amended, of New South Wales; (b) the Grain Elevators Board incorporated by the Grain Elevators Act 1934, as amended, of Victoria and constituted under the Grain Elevators Act 1958, as amended, of that State; (c) the State Wheat Board constituted. under the Wheat Pool Act 1920-1972 of Queensland; (d) South Australian Co-operative Bulk Handling, Limited incorporated and registered under the Companies Act 1962, as amended, of South Australia; (e) Co-operative Bulk Handling Limited incorporated and deemed to be registered under the Companies (Co-operative)Act1943, as amended, of Western Australia; (f) the Tasmanian Grain Elevators Board constituted under the Grain Reserve Act 1950, as amended, of Tasmania;"; (d) inserting after the definition " State corporation " the following definition:--- " " variety " means a variety of wheat registered with an authority or body acceptable to the Minister;"; (e) omitting the definition `` wheat products " and substituting the following definition:- " wheat products " means a substance (other than bran or pollard) produced by the gristing, crushing, grinding, milling or other processing of wheat, and includes- (a) any of the following products made from wheat, namely, flour, semolina, sharps, wheatmeal, starch, gluten, rice substitutes and breakfast foods; and

760 Wheat Industry Stabilization Act and Another Act Amdt Act 1978, No. 89 (b) any other commodity- (i) that is produced mainly from other wheat products or from wheat; or (ii) that is produced partly from other wheat products or from wheat and is declared by the Governor in Council by Order in Council to be a wheat product for the purposes of this Act.". 6. Amendment of s. 11 . Section 11 of the Principal Act is amended by- (a) omitting from subsection (1) the words " person, firm, company or authority of the State " and substituting the words " State corporation "; (b) omitting subsection (2) and substituting the following subsection :- " (2) A licensed receiver may carry on operations as such a receiver by means of, and on the premises of, an agent of the licensed receiver, being such an agent approved by the Board."; (c) adding at the end thereof the following subsections:- " (5) Notwithstanding the provisions of subsection (1) as amended by the Wheat Industry Stabilization Act Amendment Act1978, a licence in force under the provisions of that subsection immediately before the coming into operation of that Act continues in force as a licence granted under this section. (6) Where a licence continued in force by subsection (5) is held by a State corporation that licence shall not be cancelled or suspended without the consent of the State corporation.". 7. Amendment of s. 13. Section 13 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) A person who delivers wheat to a licensed receiver shall at the same time- (a) 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 or 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; and (h) inform the licensed receiver in writing, in a manner approved by the licensed receiver, of the variety of the wheat delivered.". 8. New ss . 13A and 13B . The Principal Act is amended by inserting after section 13 the following subsections:- " 13A. Wheat Varieties Advisory Committee . (1) There shall be constituted and maintained a committee to be called the Wheat Varieties Advisory Committee. (2) The Committee shall consist of six members, appointed by the Governor in Council, by Order in Council, upon the recommendation of the Minister, of whom- (a) two shall be persons representing the State Board; (b) one shall be a person nominated by the Queensland Grain Growers' Association;

Wheat Industry Stabilization Act and Another Act Amdt Act 1978, No. 89 , 761 (c) one shall be a person representing the Board; (d) one shall be a person representing the Department of Primary Industries; and (e) one shall be a person representing flour millers. (3) The Chairman of the Committee shall be appointed by the Governor in Council by Order in Council upon the recommendation of the Minister and shall, in every case, be one of the persons for the time being representing the State Board. (4) Each member of the Committee shall hold office for the term specified in the instrument of his appointment and may be removed from office at any time by the Governor in Council, upon the recommendation of the Minister, by Order in Council. (5) A quorum of the Committee shall consist of four members and the business of the Committee shall be conducted on the majority vote of its members present (being a quorum). A member of the Committee who is present at a meeting and eligible to vote but abstains from voting on a question shall be taken to have voted in the negative. The chairman of the Committee or, in his absence from a meeting, the person who presides at the meeting shall, on a question on which he is eligible to vote, be entitled to a deliberative vote and in the event of an equality of votes shall be entitled to a casting vote. If the chairman of the Committee is absent from any meeting of the Committee the members present may elect from their number a person to preside at the meeting. (6) Save as is prescribed by this section the Committee may conduct its business in such manner as it, from time to time, determines. 13B. Declaration of varieties . (1) Before the first day of March in each year the Committee shall advise the Minister which varieties should be the varieties, either generally or in respect of a particular zone or depot, for the season commencing on the first day of October next following, which should be paid for by the Board without deduction on account of variety. (2) At such times throughout any year as the Minister thinks fit, being a time following his receipt in that year of advice referred to in subsection (1) or of advice subsequently tendered to him by the Committee upon its determination of an application referred to in subsection (3) and being also a time prior to the first day of October in that year, the Minister by notification published in the Gazette, may- (a) declare the varieties which, either generally or in respect of a particular zone or depot, shall be the varieties for the season commencing on the first day of October next following, which shall be paid for by the Board without deduction on account of variety;

762 Wheat IndustryStabilizationAct and Another Act Amdt Act 1978, No. 89 (b) empower the Board to pay for varieties other than those so declared with deductions on account of- (i) the variety; (ii) the area of origin of the wheat; or (iii) the depot at which the wheat is received, and specify the rate or basis or bases of such deduction. (3) A person aggrieved by a declaration published pursuant to subsection (2) may within the prescribed time make application in writing to the Committee that it would advise the Minister that a particular variety should be declared, either generally or in respect of a particular zone or depot, pursuant to subsection (2). For the purposes of this subsection, the prescribed time is any time that is within 30 days after publication of such declaration in the Gazette and at least 30 days prior to the commencement, on the first day of October, of the season for which the person aggrieved would seek to have the variety declared. (4) For the purpose of its determination of an application made to it under subsection (3) the Committee may, but is not obliged to, hear representations made by or on behalf of the applicant and for that purpose may fix a time and place for hearing such representations.". 9. Amendment of s. 14 . Section 14 of the Principal Act is amended by omitting from subsection (1) the words " or with the consent in writing of the Board" and substituting the words " or with and in accordance in every respect with the consent in writing of the Board (which consent may be made subject to such conditions as the Board thinks fit)". 10. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) omitting from subsection (2) paragraphs (b) and (c) and substituting the following paragraphs:- (b) deducting from the amount so ascertained an amount determined by the Board having regard to the extent to which freight charges per tonne in respect of the export of wheat of that season from the State of Western Australia to places outside Australia are lower than freight charges per tonne in respect of the export of wheat of that season from other places in Australia to places outside Australia; and (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 quantity of wheat so delivered by each such person, with proper allowance, where appropriate, in respect of each such person in relation to the wheat so delivered by him, for- (i) the quality of that wheat;

Wheat Industry Stabilization Act and Another Act Amdt Act 1978, No. 89 763 (ii) where that wheat is not wheat delivered in Victoria or Western Australia and is wheat of a prescribed class-the characteristics of the variety or varieties of wheat included in that class and the place at which that wheat was delivered to the Board ; (iii) charges by the Board in respect of the cost of the Board of remuneration payable under section 40 of the Common- wealth Act to the licensed receiver to whom that wheat was delivered; (iv) charges by the Board in respect of costs of the transport of that wheat to a terminal port from the place at which that wheat was delivered to the Board; (v) where that wheat was delivered to the Board in corn sacks- the corn sacks in which that wheat was so delivered and any additional costs incurred by the Board in the handling and storage of that wheat; and (vi) other necessary adjustments,"; (b) inserting after subsection (2) the following subsections:- "(2A) In provision (ii) of paragraph (c) of subsection (2) the expression " prescribed class ", in relation to wheat, means- (a) where the wheat is delivered in a Territory within the meaning of the Commonwealth Act-a class of wheat determined by the Board; or (b) in any other case-a class of wheat determined by the appropriate Minister of the State in which the wheat is delivered, being a class determined by reference to a variety or varieties of wheat, whether or not it is also determined by reference to another criterion or other criteria. (2B) The provisions of subsection (2) as amended by the Wheat Industry Stabilization Act Amendment Act1978 and of subsection (2A) inserted by that Act apply in relation to wheat of the season that commenced on 1 October 1978 and wheat of each season thereafter for as long as this Act applies as provided by section 6.". PART III-AMENDMENT OF WHEAT POOL ACT 1920-1972 11. Citation . (1) In this Part the Wheat Pool Act 1920-1972 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Wheat Pool Act 1920-1978. 12. Amendment of s. 2. Section 2 of the Principal Act is amended by inserting after the definition " State Wheat Board " the following definition:- Variety "-A variety of wheat registered with an authority or body acceptable to the Minister;"

764 Wheat IndustryStabilizationAct and Another Act Amdt Act 1978, No. 89 13. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) inserting in paragraph (ii) after the word " and ", where it first occurs, the words ", subject to paragraph ( iii),"; (b) omitting paragraph (iii) and substituting the following paragraph:- " (iii) The Board's decision as to the quality, class or variety of wheat, the cost of storage and of freight, together with other charges and expenditure incurred in and about the marketing of wheat and as to any deductions or dockages relating to such matters, either generally or in respect of a particular zone or depot, shall be final.".