Wheat Marketing Act 1953 (WA)

1953. j Wheat Marketing. [No. 2.

WHEAT MARKETING.

2° Elizabeth II., No. II.

No. 2 of 1953.

AN ACT to amend the Wheat Industry Stabilisation

Act, 1948-1952.

[Assented to 27th October, 1953.]

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:—

1. (1) This Act may be cited as the Wheat mcibrAgmn.

Marketing Act, 1953.

(2) The Wheat Industry Stabilisation Act, 1948-

1952,

Act No. 75 of 1948 as amended by Acts Nos.

49 of 1949 and 7 of 1952,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Wheat Marketing Act, 1948-1953.

No. 2.] Wheat Marketing. [1953.

Long title

amended.	2. The long title of the principal Act is amended by substituting for the words, "Stabilisation of the Wheat Industry" the words, "orderly marketing of wheat".
Commence-
ment.	3. (1) This Act, the Wheat Marketing Act, 1953, of the State, shall come into operation on the day on which the Wheat Marketing Act, 1953, of the Commonwealth comes into operation.
(2) The amendments effected by paragraph (b) of section four and by section ten of this Act, the Wheat Marketing Act, 1953, of the State, do not apply in relation to wheat of the season that ended on the thirtieth day of September, one thousand nine hundred and fifty-three, or of any previous season.
(3) Where, before the coming into operation of this Act, the Wheat Marketing Act, 1953, of the State, wheat harvested after the thirtieth day of September, one thousand nine hundred and fifty- three, has been delivered or consigned to a person, firm, company or State authority who or which was, at the time of the delivery or consignment, a licensed receiver under the Wheat Industry Stabilisation Act, 1948-1952, of the State or under the Wheat Industry Stabilisation Act, 1948, of the Common- wealth, as in force at the time of the delivery or consignment, the wheat shall be deemed to have been delivered to the Australian Wheat Board in pursuance of that Wheat Industry Stabilisation Act, 1948-1952, of the State as amended by this Act, the Wheat Marketing Act, 1953, of the State.
S. 3

amended. 4. Section three of the principal Act is amended

by

(a)	adding after the word, "time" being the last word in the interpretation, "the Com- monwealth Act" the words, "and if that Act is substituted by another Act means the Act by which it is substituted";
(b)	deleting the interpretation, "the guaran- teed price"; and
(c)	deleting from the interpretation, "the State Board" the words, "Agency Board of the Australian" in line two.

1953.] Wheat Marketing. [No. 2.

5. Subsection (1) of section four of the principal —ended. .21

Act is amended by deleting the words, "Agency

Board of the Australian" in lines two and three.

6. Section five of the principal Act is amended —ended.

by

(a)	substituting for the word, "one" in line three of subsection (1) the word, "such";
(b)	substituting for the words, "a wheat grower" in lines three and four of subsec- tion (1) the words, "wheat growers" as are necessary";
(c)	substituting for the words, "a member" in line five of subsection (1) the word, "mem- bers";
(d)	substituting for the words, "act, subject to the provisions of this Act, as agent for the Board" in lines one, two and three of subsection (2) the words, "discharge the functions conferred upon it by the pro- visions of this Act";
(e)	deleting the words, ", as agent of the Board," in line seven of subsection (2);
(f)	substituting for the word, "imposed" in line seven of subsection (2) the word, "con- ferred"; and

(g) deleting the proviso.

S. 7

7. Section seven of the principal Act is amended amended.

by

(a)	deleting the words, "or otherwise acquire" in line one of paragraph (a);
(b)	adding after paragraph (a) the following paragraph:—

(aa) accept wheat delivered to it in pur-

suance of this Act;

(c) substituting for the words, "purchased or otherwise acquired by" in line four of para- graph (b), the words, "the property of".

No. 2.] Wheat Marketing. [1953.

S. 9

amended. 8. Section nine of the principal Act is amended

by

(a)	substituting for the words, "subsection (3) of section twelve" in lines five and six of subsection (2) the words, "subsection (3) of section twelve A";
(b)	adding after the word, "committed" in line two of the penalty provision at the end of the section the words, "as that value is certified by the Board on the basis of the Board's prices for sales of wheat in the State at the time of the offence"

S. 11

amended. 9. Section eleven of the principal Act is amended

by substituting for the words, "calculated on the basis of the guaranteed price" in lines two and three of the penalty provision the words, "as that value is certified by the Board on the basis of the Board's prices for sales of wheat in the State at the time of the offence".

S. 12 repealed

and	10. Section twelve of the principal Act is repealed
re-enacted

and ss. 12A-	and the following sections are inserted in its stead:-
12C added.

12. (1) In this section, "the net proceeds" net return from the disposal of the wheat after paying administration, interest, transport, stor- age and other charges incurred by the Board, other than charges for transport to the terminal port from the place at which the wheat is delivered to the Board.

Price to be

paid for	in relation to the disposal of wheat, means the
wheat.
(2) In ascertaining under subsection (1) of this section the net proceeds of the disposal of wheat, no account shall be taken of moneys to which the provisions of section twelve C of this Act, or an Act of another State, apply, or of costs of the Board payable out of those moneys.

Where wheat is delivered to the Board in pursuance of this Act, the Board shall pay for that wheat, including, unless payment is made for the corn sacks by a licensed receiver under paragraph (b) of subsection (3) of section six of this Act, in which case the Board shall reimburse the licensed receiver the amount of

(3)

1953.] Wheat Marketing. [No. 2.

the payment, the corn sacks, if any, in which the wheat is delivered, an amount determined by the Board in accordance with this section.

(4) The Board shall determine amounts pay- able under subsection (3) 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, whether in pur- suance of this Act or otherwise, to the Board in Australia;
(b)	deducting from the amount so ascer- tained an amount calculated at the rate of three pence for each bushel of so much of the wheat of that season grown in the State of Western Australia as the Board certifies to the Minister administering the Commonwealth Act to have become available for export to places outside Australia;
(c)	ascertaining the share in the remaining amount of each person entitled to payment by apportioning that remain- ing amount amongst the persons who delivered, whether in pursuance of this Act or otherwise, wheat of that season to the Board in Australia, 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, and other neces- sary adjustments in particular cases; and
(d)	adding to the share, ascertained under paragraph (c) of this subsection, of each person who delivered in the State of Western Australia, wheat of that season grown in that State, to the Board, an amount per bushel of that

No. 2.] Wheat Marketing. [1953.

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 delivered to the Board in that State.

(5)

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 hi such manner as will, in its judgment, attribute sales to wheat of different seasons in an equitable manner.

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 Minister adminis- tering the Commonwealth Act, make from time to time such advance payments as it considers justified.

(6)

Payment by

Board. 12A. (1) The amount payable under this Act in respect of any wheat shall be 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.

The same rights, if any, shall exist against the person receiving an amount paid by the Board under this Act in respect of any wheat as would exist if the moneys so paid were the proceeds of a sale or purported sale of the wheat by him, and any such rights may be enforced by action in any court of competent jurisdiction.

(2)

(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 shall discharge the Board from any further liability in respect of those moneys.

Home con-

sumption	12B. (1) In this section
price of

wheat. "the cost of production", in relation to sales made in a year, means the amount notified to the Board by the Minister administering the Commonwealth Act

1953.] Wheat Marketing. [No. 2.

after consultation with the appropriate Ministers of each State as being the cost per bushel of the production in Australia of wheat of the season which is current at the beginning of that year, being an amount ascertained by the Commonwealth Minister by taking as a basis the sum of eleven shillings and eleven pence as the cost per bushel of the production in Australia of wheat of the season that ended on the thirtieth day of September, one thousand nine hundred and fifty-three, and making such variation as he considers neces- sary by reason of variations in the cost of production of wheat affecting wheat of the firstmentioned season;

"the International Wheat Agreement" means the Agreement Revising and Renewing the International Wheat Agreement, signed on behalf of Aus- tralia at Washington in the United States of America on the twentieth day of April, one thousand nine hundred and fifty-three, in accordance with Article XX. of the firstmentioned agreement;

"the International Wheat Agreement price", in relation to sales made in a year, means the price which the Minister administering the Commonwealth Act certifies to the Board to be the price which he is satisfied was the price, expressed in Australian currency, per bushel prevailing at the end of the next preceding year for sales by the Board under the International Wheat Agree- ment of bulk wheat of fair average quality f.o.r. ports;

"year" means the period of twelve months commencing on the first day of Decem- ber, one thousand nine hundred and fifty-three, and each subsequent period of twelve months".

No. 2.] Wheat Marketing. [1953.

(2) The price at which the Board shall, in the State, sell wheat, otherwise than for export from Australia or for the manufacture of goods for export from Australia, during a year shall be the appropriate price ascertained in accord- ance with this section.

Subject to this section, the price, in the case of wholesale sales of bulk wheat of fair average quality f.o.r. ports, shall be the Inter- national Wheat Agreement price, or fourteen shillings per bushel, whichever is the lower.

(3)

(4) If the price applicable under subsection (3) of this section is less than the cost of production, the price, in the case of sales to which that subsection applies, shall, subject to subsection (5) of this section be an amount per bushel equal to the cost of production.

(5) The price applicable under subsections (3) or (4) of this section shall be increased by an amount of not more than two pence per bushel as a contribution towards reimburse- ment of the Board for the costs of shipment of wheat to Tasmania.

(6) If the Board reports to the Minister administering the Commonwealth Act that the amounts being received by the Board by reason of the operation of subsection (5) of this section, together with the amounts being received under corresponding provisions of the Commonwealth Act and of the laws of the other States, are more or less than the amounts required to meet the costs of shipment of wheat by the Board to Tasmania, that Minister may direct the Board that the amount per bushel specified in that subsection shall be reduced or increased to such extent as he considers necessary, and the Board shall give effect to his direction.

The price, in the case of sales other than sales specified in subsection (3) of this section, shall be a price ascertained by adding to or deducting from the price applicable to sales so

(7)

1953.] Wheat Marketing. [No. 2.

specified an amount which makes a proper allowance for the quality of the wheat, the conditions of sale and the place of delivery.

12C. (1) Notwithstanding anything con- rufitfor

tamed in this Act but subject to this section, r?'=„.nt.

the Board shall keep a separate account of the

moneys received by the Board by reason of the

operation of subsection (5) of section twelve B

of this Act and of payments made out of those

moneys, and shall not apply those moneys except

in accordance with this section.

(2) 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.

(3)

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 Tasmania, on and after the first day of Decem- ber, one thousand nine hundred and fifty-three, 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 which remain unexpended after the Board has disposed of the whole of the wheat of the last season to which this Act applies 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 admin- istering the Commonwealth Act, after consulta- tion with the appropriate Minister of each State, directs.

12D. Notwithstanding the repeal by the gseBojaltdin de

Wheat Marketing Act, 1953, of the State, of Y	•
section twelve of the Wheat Industry Stabilisa- tion Act, 1948-1952, of the State, the prices applicable under that repealed section immedi- ately before the coming into operation of the Wheat Marketing Act, 1953, of the State, con- tinue to be applicable to sales necessary for compliance by the Commonwealth with its

No. 2.] Wheat Marketing. [1953.

obligations under the International Wheat Agreement, approval to the acceptance of which was given by the International Wheat Agree- ment Act, 1949, of the Commonwealth Par- liament.

Z. 17 repealed

and 11. Section seventeen of the principal Act is re-enacted. repealed and the following section is enacted in its

stead:-

Ballot as to

continuance,

or discon-	17. (1) The Minister shall arrange for a
tinuance of

marketing	ballot to be held not later than the thirtieth
under this
Act.	day of June, one thousand nine hundred and
Cf. No. 49 of	fifty-six, on the question,
1947, s. 42.

whether marketing should continue under

the provisions of this Act.

(2) The Chief Electoral Officer for the State appointed under the Electoral Act, 1907, shall conduct the ballot.

(3) Co-operative Bulk Handling Limited shall at a reasonable cost furnish the Minister or his nominee with a list of the names of growers recorded in the register current at the time of the ballot and whose names are so recorded under the provisions of subsection (3) of section twenty-six A of the Bulk Handling Act, 1930.

Only those persons whose names are at

the time of the ballot so recorded shall be entitled

to vote at the ballot.

(4)

(5)	The ballot shall be conducted by post.
(6)	A person who is entitled to vote may cast

only one vote.

The Minister shall cause public notice of the result of the ballot to be given.

(7)

(8) The Governor may make regulations pre- scribing all matters necessary or convenient to be prescribed in connection with the ballot.

8.20

amended. 12. Section twenty of the principal Act is amended by substituting for the word, "fifty-three" being the last word in the section the word, "fifty-six".