Wheat Marketing Act 1979 (Qld)

760 QttxettzIaxtb ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 72 of 19 7 9 An Act relating to the marketing of wheat and for other purposes [ASSENTED TO 21ST DECEMBER, 1979] 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:- 1. Short title . This Act may be cited as the Wheat Marketing Act 1979. 2. Commencement . This Act shall commence on the date on which the Wheat Marketing Act 1979 of the Commonwealth commences and, if that date is before this Act is assented to for and on behalf of Her Majesty, this Act shall be deemed to have commenced on that date and to have retrospective effect accordingly. 3. Repeals and savings . (1) The Wheat Industry Stabilization Act 1974 and Part II of the Wheat Industry Stabilization Act and Another Act Amendment Act 1978 are repealed. (2) Notwithstanding the repeals effected by subsection (1) but subject to subsection" (3), any provisions of an Act that would, but for that repeal, have continued to apply to, or in relation to, wheat delivered to the Board before 1 October 1979 continue so to apply.

Wheat Marketing Act 1979, No. 72 761 (3) A reference in any of the provisions referred to in subsection (2) to the Australian Wheat Board 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. (4) This Act shall be read and construed with the Wheat Pool Act 1920-1979 and, to the extent that the Primary Producers' Organization and Marketing Act 1926-1979 applies to the State Board and to wheat or to either, with that Act and the provisions of the Wheat Pool Act 1920-1979 and, to the extent aforesaid, the provisions of the Primary Producers' Organization and Marketing Act 1926-1979 shall, save in so far as they are inconsistent with the express provisions of this Act, continue to apply to and in relation to wheat and wheatgrowers and all persons and matters to or in relation to whom or which those provisions apply at the commencement of this Act. 4. Interpretation . (1) In this Act, unless the contrary intention appears- "Australian standard white wheat " means wheat other than- (a) wheat that, having regard to its general characteristics, is classified for the purposes of this definition by or on behalf of the Board as being included in a particular category of wheat; or (b) wheat that is classified for the purposes of this definition by or on behalf of the Board as having a quality defect; " authorized person " means a person appointed under section 31 for the purposes of the provision of this Act in which the expression occurs; " authorized receiver " means a body corporate authorized, under section 10 or under a corresponding provision of the Commonwealth Act or a State Act, to receive wheat on behalf of the Board; " Board " means the Australian Wheat Board continued in existence by the Commonwealth Act; " Chairman " means the Chairman of the Board; " Committee " means the Wheat Varieties Advisory Committee constituted for the purposes of this Act; " Commonwealth Act " means the Wheat Marketing Act 1979 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 administering the Commonwealth Act or other Minister of State of the Commonwealth temporarily performing the duties of that Minister; " guaranteed minimum price " has the same meaning as in the Commonwealth Act; " Minister " means the Minister for Primary Industries or other Minister of the Crown for the time being charged with the administration of this Act, and includes any Minister of the Crown temporarily performing the duties of that Minister; " net pool return " and " net pool return rate " have the same meanings respectively as in the Commonwealth Act; 25-85085

762 Wheat Marketing Act 1979, No. 72 " quota season " means a season declared by, or by Proclamation under, the Commonwealth Act to be a quota season; " season" means _ the period of 12 months commencing on 1 October 1979 and each of the next 6 succeeding periods of 12 months; " State Act " means an Act of the Parliament of a State of Australia other than Queensland relating to the marketing of wheat; " State Board " means the State Wheat Board constituted under the Wheat Pool Act 1920-1979; " Territory " means a Territory of the Commonwealth; " variety " means a variety of wheat registered with an authority or body acceptable to the Minister; " wheat " does not include wheat harvested after 30 September 1986; " Wheat Levy Acts " means the Wheat Levy Act (No.1) 1979 of the Parliament of the Commonwealth and the Wheat LevyAct (No. 2)1979 of the Parliament of the Commonwealth, being those Acts as amended at any time; " wheat products " has the same meaning as in the Commonwealth Act; . "Wheat Tax Acts" means the Wheat Tax Act1957 of the Parliament of the Commonwealth and the Wheat Tax Act1979 of the Parliament of the Commonwealth, being those Acts as amended at any time. (2) A reference in this Act to wheat of a season shall be read as a reference to- (a) wheat harvested during that season; or (b) wheat harvested before 1 October 1979 and acquired by the Board under this Act during that season. (3) A reference in this Act to wheat shall be read as including a reference to the corn sacks (if any) in which the wheat is at the relevant time. (4) A reference in this Act to wheat acquired by the Board under an Act (whether this Act, the Commonwealth Act or a State Act) shall be read as a reference to wheat that, on or after 1 October 1979, has become the property of the Board by force of that Act or an Act repealed by that Act. 5. Act to apply subject to Constitution . (1) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that, where any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected. (2) If, by reason of the Commonwealth of Australia Constitution Act, a provision of this Act or a notice under a provision of this Act cannot validly apply in relation to particular wheat or class of wheat, that provision or notice shall be'construed as intended to operate in relation to all wheat to which it purports to apply, being wheat in relation to which it can validly apply.

Wheat Marketing Act 1979, No. 72 763 6. State Board an agent for the Board . The State Board may act as agent and authorized receiver of the Board. 7. Arrangements of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-7); PART II-MARKETING OF WHEAT (ss. 8-23); PART III-SALE OF WHEAT BY BOARD FOR USE OR CONSUMPTION IN AUSTRALIA (ss. 24-26); PART IV-MISCELLANEOUS (ss. 27-36). PART II-MARKETING OF WHEAT 8. Powers of Board . (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; (d) require, in circumstances where the Board considers it appropriate, a purchaser of wheat from the Board to give to the Board a guarantee or other security for the payment of the purchase price of the wheat; (e) grist or arrange for the gristing of wheat, and sell or otherwise dispose of the products of the gristing; (f) 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 (g) 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, and the export of wheat and wheat products, in such manner as will, in its judgment, attribute sales and exports to wheat of different seasons in an equitable manner, and sales .and exports so attributed to wheat of a season shall be deemed to relate to wheat of that season. 9. Directions by Commonwealth Minister . The Commonwealth Minister may give directions to the Board concerning the performance of its functions and the exercise of its powers, and the Board shall comply with those directions. 10. Authorized receivers . (1) The State Wheat Board constituted under the Wheat Pool Act 1920-1979 is authorized to receive wheat on behalf of the Board. (2) An authorized receiver may carry on operations as such a receiver by means of, and on the premises of, an agent of the authorized receiver, being such an agent approved by the Board.

764 Wheat Marketing Act 1979, No. 72 (3) An authority corresponding to that conferred by subsection (1) that is conferred on any person other than the State Wheat Board aforesaid shall be deemed to be subject to a condition that such person is not thereby authorized to receive on behalf of the Board wheat required by the Wheat Pool Act 1920-1979 to be delivered to the State Wheat Board aforesaid. 11. Delivery of wheat. ( 1) Subsection ( 2) applies so as not to exempt any person from the obligation to deliver wheat to the State Board under and in accordance with the provisions of the Wheat Pool Act 1920-1979. (2) Subject to this Act, a person who is in possession of wheat of a season may deliver that wheat to the Board. (3) 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 Commonwealth 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. (4) Upon delivery of wheat to the Board under this section, that wheat becomes the absolute property of the Board , freed from all mortgages , charges, liens , pledges, interests and trusts. (5) A notice under sub - section ( 3) shall not require the delivery to the Board of- (a) wheat retained by the grower for use on the farm where it is grown; (b) wheat retained for use on a farm to which it has been moved under a permit under section 16; (c) wheat that has been sold by the Board; (d) wheat that has been sold or delivered on behalf of the Board or with the consent in writing of the Board; (e) wheat delivered to the State Board and required by it for distribution for seed. (6) A person shall not- (a) without reasonable excuse, refuse or fail to deliver wheat to the Board as required by a notice under subsection (3); or (b) deliver to the Board wheat that has previously been sold by the Board. Penalty : $ 1 000 in the case of an individual; $ 2 000 in the case of a body corporate.

Wheat Marketing Act 1979, No. 72 765 12. Delivery to authorized receiver. (1) Delivery of wheat to the Board may be made by delivering the wheat to an authorized receiver and not otherwise, and the delivery is not effective unless and until the delivery is accepted by the authorized receiver. (2) An authorized receiver shall, in relation to the acceptance, or refusal of acceptance, on behalf of the Board, of the delivery of wheat in a quota season, comply with any directions of the Board that have regard to quotas that are applicable under a law of the State providing for the fixing of wheat quotas. (3) Wheat, other than wheat specified in section 11 (5), delivered under the Wheat Pool Act 1920-1979 to the State Board shall be deemed to have been delivered (immediately after that delivery), pursuant to section 11 to the State Board in its capacity as an authorized receiver. (4) A person who delivers wheat to an authorized receiver shall at the same time- (a) furnish to the authorized 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 the payment to be made for the wheat, and all particulars known to him of those interests; (b) inform the authorized receiver in writing, in a manner approved by the authorized receiver, of the variety of the wheat delivered. 13. 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; (c) one shall be a person representing the Board; (b) one shall be a person nominated by The Queensland Graingrowers' Association ; (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.

766 Wheat Marketing Act 1979, No. 72 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 on such a question, 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. 14. Declaration of varieties . (1) Before the first day of June in each calendar 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 in the calendar year next following the year in which the advice is given, which should be paid for by the Board without deduction on account of variety. (2) Before the first day of July next following his receipt of the Committee's advice under subsection (1) and thereafter within 30 days of his receiving the Committee's further advice pursuant to an application made under subsection (3), being a time prior to the first day of October in the calendar year in which the Committee's advice was first given to him, 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 in the calendar year next following the year in which the advice is given, which shall be paid for by the Board without deduction on account of variety; (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 should 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. The Committee shall dispose of any application made to it and, if necessary, advise the Minister thereon within 14 days after its receipt of the application. (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.

Wheat Marketing Act 1979, No. 72 767 15. Act not to apply to certain wheat. (1) A person who has in his possession- (a) seed wheat; or (b) inferior wheat that would not be acceptable if it were delivered to the Board, may, by notice served by post on the Board, notify the Board accordingly. (2) Where, upon receipt by the Board of a notice by a person under subsection (1), an authorized person is satisfied that the wheat to which the notification relates is wheat of a description referred to in that subsection , the authorized person may, on behalf of the Board, issue to that person a declaration that this Act does not apply to that wheat and thereupon the provisions of this 'Act, other than this section, shall not apply to the wheat in relation to which the declaration is in force. (3) A declaration under subsection (2) shall be in writing and shall specify- (a) the name and address of the person to whom the declaration .is issued; (b) the quantity and the grade of the wheat in relation to which the declaration is in force; (c) the address of the place where the wheat is when the declaration is issued; (d) the date of the issue of the declaration; and (e) such other particulars as the Board specifies from time to time. 16. Permits for movement bf wheat: (l)- A person who has wheat in his possession on a farm may, by notice served by post on the Board, notify the. Board that he wishes to deliver the wheat to a miller for gristing with the object of having the produce of the gristing returned to the farm for use on the farm. (2) Upon receipt by the Board of a notice by a person under subsection (1), an authorized person may, on behalf of the Board, issue to that person a permit for the movement of the wheat from the farm to the mill and the movement of the produce of the gristing from the mill to the farm. (3) A person who has wheat in his possession on the farm on which the wheat-was grown may, by notice served by post on the Board, notify the Board that he wishes to move the wheat from that farm to an associated farm. (4) Where, upon receipt by the Board of a notice by a person under subsection (3), an authorized person is satisfied that- (a) the farms to which the notification relates are associated farms; and (b) the proposed movement of wheat to which the notice relates would not detrimentally affect the orderly marketing of wheat by the Board in accordance with this Act, the authorized person may, on behalf of the Board, issue to that person a permit for the movement of the wheat from one farm to the other.

768 Wheat Marketing Act 1979, No. 72 (5) A permit under this section shall be in writing and shall specify- (a) the name and address of the person to whom the permit is issued; (b) the quantity of the wheat to which the permit applies; (c) the date of the issue of the permit; (d) in the case of a permit issued under subsection (2)- (i) the address of the farm where the wheat is at the time of the issue of the permit; and (ii) the address of the miller who is to grist the wheat; (e) in the case of a permit issued under subsection (4)- (i) the address of the farm where the wheat is at the time of the issue of the permit; and (ii) the address of the farm to which the wheat is to be moved; and (f) such other particulars as the Board specifies from time to time. (6) For the purposes of this section two farms shall be deemed to be associated farms if- (a) they are owned, operated or controlled by the same person or the same partnership; (b) each of them is owned, operated or controlled by a partnership and the two partnerships have at least one common partner; (c) one of them is owned, operated or controlled by a person and the other is owned, operated or controlled by a partnership of which that person is a member; or (d) they are, in some other manner, so associated with the same person that the Board is of the opinion that they should be treated as associated farms for the purposes of this section. 17. Notification of offer to purchase wheat. (1) Where a person (in this section referred to as " the offeror ") offers to purchase for use or consumption in Australia wheat that is in the possession of another person (in this section referred to as " the grower "), the grower may, by notice served by post on the Board, notify the Board accordingly. (2) A notice under subsection (1) shall be in accordance with a form approved by the Board and shall specify- (a) the name and address of the grower; (b) the name and address of the offeror; (c) the quantity, the grade and the variety of the wheat to which the offer made by the offeror relates; (d) the terms and conditions (including the price) of the offer made by the offeror; and (e) such other information as is required by the notice. (3) Where, upon the receipt by the Board of a notice under subsection (1), an authorized person is satisfied- (a) that the terms and conditions of the offer made by the offeror are satisfactory and, in particular, that the, price set out. in, the offer is not less than the price that would be the appropriate price for the wheat in accordance with section 24 if the wheat were to be sold by a contract of sale to which that section applied; and

Wheat Marketing Act 1979, No. 72 769 (b) where a condition of the offer provides for the delivery of the wheat by the grower-that the price includes any charge to be paid by the offeror for that delivery, the authorized person may authorize the grower, in writing, to accept the offer on behalf of the Board. (4) On the receipt by the grower of an authority under subsection (3), the grower shall set aside wheat for sale in accordance with that authority and, thereupon, the wheat so set aside becomes the absolute property of the Board, freed from all mortgages, charges, liens, pledges, interests and trusts. (5) A contract for the sale of wheat entered into by the grower, on behalf of the Board, under an authorization given under subsection (3) shall provide that the amount of the price for the wheat shall be paid directly to the Board. (6) Where the price received by the Board under a contract of sale of wheat entered into under this section exceeds the price that would be the appropriate price for the wheat in accordance with section 24 if the wheat had been sold by a contract of sale to which that section applied, the Board shall pay to the grower an amount equal to that excess. (7) A contract for the sale of wheat under this section shall not be-entered into in a year other than a year in relation to which section 24 operates. 18. Unauthorized dealings with wheat. (1) Except as provided by section 11, or in accordance with a permit under section 16, or an authority under section 17, or with the consent in writing of the Board- (a) a person shall not sell or deliver to a person, or grist or otherwise process, or mix with any other grain or substance, or transfer to a person possession of any wheat, other than wheat that has been sold by the Board; (b) a person shall not move wheat, or cause or permit wheat to be moved, from the farm where the wheat was grown or from the farm or other place to which the wheat has been moved in accordance-with a permit under section 16; (c) where wheat has been sold by the Board under a contract that specifies a purpose for which the wheat is to be used-the purchaser under the contract shall not use the wheat for any other purpose; or (d) where at any place wheat products have been produced from wheat grown at that place or moved to that place in accordance with a permit under section 16-a person shall not move those wheat products from that place. Penalty: $1 000 in the case of an individual; $2 000 in the case of a body corporate. (2) Paragraph (a) of subsection (1) does not prohibit the use of wheat on a farm on which it was grown or at a place to which it has been moved in accordance with a permit under section 16. 19. Advance payment for wheat of season other than last two seasons. (I) Where wheat of a season is acquired by the Board under this Act, the Board shall make an advance payment for that wheat of an amount determined in accordance with subsection (2).

770 Wheat Marketing Act 1979, No. 72 (2) An advance payment in respect of wheat under subsection (1) is an amount calculated at the guaranteed minimum price for wheat of the season concerned, increased or decreased by such allowances as the Board considers proper for- (a) the quality of the wheat; (b) where the wheat is wheat of a prescribed class-the characteristics of the variety or varieties of wheat included in that class and- (i) where the wheat was delivered to the Board under section 11 -the place at which the wheat was so delivered; or (ii) in any other case-the place at which, if the wheat had been delivered to the Board under section 11, it would, in the Board's opinion, have been so delivered; (c) where the wheat was delivered to the Board under section 11- (i) charges by the Board ip respect of costs of the transport of the wheat to a terminal port from the place at which the wheat was so delivered; (ii) charges by the Board in respect of so much of the cost to the Board of remuneration payable under the Commonwealth Act to the authorized receiver to whom the wheat was so- delivered as is applicable to the wheat; and (iii) the corn sacks (if any) in which the wheat was so delivered and any additional costs incurred by the Board in the handling and storage of the wheat; (d) where the wheat was not delivered to the Board under section 11- (i) charges that the Board would have made if the wheat had been delivered to the Board under section 11 in respect of the cost o;' the transport of the wheat from the place at which the wheat would, in the Board's opinion, have been so delivered to the appropriate terminal port in relation to that place; (ii) charges by the Board in respect of so much of the cost to the Board of that proportion of the remuneration payable under the Commonwealth Act to the authorized receiver at the place referred to in subparagraph (i) that is specified in a notice from the authorized receiver to the Board under section 32 as would be applicable to the wheat if the wheat had been delivered to the authorized receiver at that place; and (iii) the corn sacks (if any) in which the wheat was when acquired by the Board: (e) where the wheat was delivered to the Board after the day (if any) that is the final delivery day for the season (being a day declared under section 25 (1) of the Commonwealth Act)- charges by the Board in respect of administrative costs incurred by the Board in respect of the wheat that are additional to the administrative costs that would have been incurred if the wheat had been delivered before that day; and (f) other necessary adjustments. (3) In paragraph (2) (b), " prescribed class ", in relation to wheat, means a class of wheat determined by the Minister, being a class so determined by reference to a variety or varieties of wheat, whether or not it is also so determined by reference to another criterion or other criteria.

Wheat Marketing Act 1979, No. 72 771 (4) The Board may, with the approval of the Commonwealth Minister, make advances to a person on account of advance payments referred to in subsection (1). (5) The rate at which an advance under subsection (4), being an advance in respect of wheat of a season after the season that commenced on 1 October 1979, is calculated shall be not greater than 85 per centum of the guaranteed minimum price for wheat of the season immediately preceding. (6) An advance payment under subsection (1) in respect of wheat shall be reduced by an amount equal to the aggregate of- (a) the amount of any advance under subsection (4); and (b) the amount of any advance payment made by the Board under an Act repealed by this Act, made in respect of that wheat. (7) The obligation of the Board under this section in respect of any wheat is subject to the operation of the Wheat Tax Acts and the Wheat Levy Acts. (8) In this section, the term " season " does not include the season commencing on 1 October 1984 or the next succeeding season. 20. Final payment for wheat of season other than last two seasons. (1) Where the net pool return rate for wheat of a season exceeds the guaranteed minimum price for wheat of that season, the Board shall make a final payment of an,amount determined in accordance with subsection (2) for wheat of that season acquired by the Board under this Act. (2) The Board shall determine an amount payable under subsection (1) in respect of wheat by- (a) calculating the amount that the advance payment in respect of the wheat under section 19 would have been if the reference in that section to the guaranteed minimum price for wheat were a reference to the net pool return rate for the wheat; and (b) deducting from that amount the amount of the advance payment in respect of the wheat. (3) A reference in subsection (2) to the advance payment in respect of any wheat shall be read as a reference to the advance payment in respect of that wheat before any reduction is made under section 19 (6). (4) Where the net pool return rate for wheat of a season does not exceed the guaranteed minimum price for wheat of that season, the advance payment under section 19 (including any advance under subsection (4) of that section) and any advance made under an Act repealed by this Act in respect of any wheat of that season shall be regarded as the final payment for that wheat. (5) The Board may, with the approval of the Commonwealth Minister, make advances on account of final payments referred to in subsection (1). (6) In this section, the term " season " does not include the season commencing on 1 October 1984 or the next succeeding season.

772 Wheat Marketing Act 1979, No. 72 21. Payment for wheat of last two seasons. (1) This section applies in relation to the season commencing on 1 October 1984 and the next succeeding season. (2) The Board shall pay for wheat of a season in relation to which this section applies acquired by the Board under this Act an amount determined in accordance with subsection (3). (3) The Board shall determine an amount payable under subsection (2) in respect of any wheat by calculating an amount equal to the amount that the advance payment in respect of the wheat under section 19 would have been if- (a) that section were applicable to wheat of a season in relation to which this section applies; and (b) the reference to the guaranteed minimum price for wheat were a reference to the net pool return rate for the wheat. (4) The Board may, with the approval of the Commonwealth Minister, make advances on account of payments referred to in subsection (2). (5) The obligation of the Board under this section in respect of any wheat is subject to the operation of the Wheat Tax Acts and the Wheat Levy Acts. 22. Payment by Board . (1) Subject to subsections (4) and (5) and to any other law to which the Board is subject , an amount payable under section 19 , 20 or 21 in respect of any wheat 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 acquisition of the wheat by the Board. (2) The same rights (if any) exist against the person receiving an amount paid by the Board under section 19, 20 or 21 in respect of 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 that would have had jurisdiction if the moneys were the proceeds of such a sale-or purported sale. (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 discharges the Board from any further liability in respect of those moneys. (4) Subject to subsection (5), an assignment of moneys payable by the Board in respect of wheat delivered to the Board (not including a registered crop lien) is void as against the Board. (5) Where a person has assigned moneys payable to him by the Board in respect of wheat 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. (6) The provisions of the Wheat Pool Act 1920-1979 and, to the extent that the Primary Producers' Organization and Marketing Act 1926-1979 applies to the State Board and to wheat or to either, the provisions of that Act shall apply to and in relation to any amount paid under this Act by the Board to the State Board as if that amount were

Wheat Marketing Act 1979, No. 72 773 moneys received by the State Board in payment for wheat sold by the State Board on behalf of the owner thereof and in respect of wheat included pursuant to section 26 in the pool for a season that is a quota season, or a season that is not a quota season but immediately succeeds a quota season, shall apply in relation to any such amount as if the wheat delivered to the State Board and included in the pool for the season in question were the only wheat delivered to the State Board for that season. 23. Declaration to be furnished as to old season's wheat. (1) In this section- "final delivery day ", in relation to a season, means the day declared by the Commonwealth Minister under section 25 (1) of the Commonwealth Act or under the corresponding provision of an Act repealed by the Commonwealth Act, to be the final delivery day for that season; " season " includes any period that is a season for the purposes of an Act repealed by this Act. (2) A person who, after the final delivery day for a season- (a) delivers to an authorized receiver wheat harvested in that season; or (b) serves a notice on the Board under section 17 (1) with respect to wheat harvested in that season, shall, at the time of the delivery of the wheat or of the service of the notice, as the case may be, deliver to the authorized receiver or serve by post on the Board, as the case may be, a declaration in writing signed by him correctly stating the season during which the wheat was harvested. PART III-SALE OF WHEAT BY BOARD FOR USE OR CONSUMPTION IN AUSTRALIA 24. Home consumption price of wheat. (1) The price at which, in the year commencing on 1 December 1979 or in any of the next 4 succeeding years commencing on 1 December in each calendar year, the Board shall, by contract made in Queensland (other than a contract entered into under section 17) sell wheat for use or consumption in Australia is the appropriate price that is applicable in accordance with this section. (2) Subject to subsection (3), the price for Australian standard white wheat in bulk sold free on rail at a port of export for human consumption in Australia is- (a) in respect of the year commencing on 1 December 1979- $127.78 per tonne; or (b) in respect of any of the 4 years next succeeding that year, commencing in each case on 1 December in each calendar year-the price per tonne ascertained in respect of the year in question in accordance with the Schedule to the Commonwealth Act. (3) There shall be added to a price specified in or ascertained under subsection (2) in respect of a year such amount as the Commonwealth Minister, after consultation with the Bcard, considers to be necessary

774 Wheat Marketing Act 1979, No. 72 to be included in the price of all wheat sold by the Board in that year for human consumption in Australia for the purpose of enabling the Board to meet the costs of shipment of wheat by the Board to a port in Tasmania. (4) Subject to subsection (5)- (a) the price for Australian standard white wheat in bulk sold free on rail at a port of export for a use (in this paragraph referred to as " the relevant use ") in Australia that is a stock-feed use is such price as is determined from time to time by the Board in respect of the relevant use; and (b) the price for Australian standard white wheat in bulk on rail at a port of export for a use (in this paragraph referred to as " the relevant use ") in Australia that is an industrial use is such price as is determined from time to time by the Board in respect of the relevant use. (5) A price determined for a relevant use under subsection (4)- (a) shall not vary as between wheat at one port-of export and wheat at another port of export; and (b) shall be the same as any corresponding price determined by the Board under a provision of the Commonwealth Act, or of a State Act, that corresponds to subsection (4). (6) The price in respect of wheat that is not Australian standard white wheat in bulk sold free on rail at a port of export is such price as the Board determines by adding to, or deducting from, the price that would be applicable to the wheat, if it were Australian standard white wheat in bulk sold free on rail at a port of export, an amount by way of allowances in respect of the quality of the wheat, the conditions of sale and the place of delivery, or in respect of one or more of those matters, as the case requires. (7) The Board may discount a price for wheat sold by the Board other than for human consumption on the basis of the quantity of wheat so sold. 25. Special account for freight to Tasmania . (1) Subject to this section, the Board shall keep a separate account of the moneys received by the Board by reason of the inclusion in the price for a sale of wheat to which section 24 applies of an amount referred to in section 24 (3) 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) with any similar account or accounts to be kept by it under the Commonwealth Act or under a State Act. (3) The Board shall use the moneys referred to in subsection (1) in meeting the costs of shipment of wheat by the Board to a port in Tasmania, and shall not use for that purpose any other moneys derived by it from the sale of wheat acquired by it under this Act. (4) Any moneys referred to in subsection (l) that remain unexpended after the Board has made the final payment required to be made under subsection (3) 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.

Wheat Marketing Act 1979, No. 72 775 (5) Any moneys referred to in section 22 (1) of the Wheat IndustryStabilization Act1974-1978, as continued in force by section 3 (2) of this Act, that remain unexpended after the Board has made the final payment required to be made under section 22 (3) of the Wheat IndustryStabilization Act1974-1978 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 a port in 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 any contracts made by the Board provisions for that purpose. (7) Any moneys received by the Board in accordance with subsection (6) by way of recoupment of costs of shipment shall be deemed to be moneys referred to in subsection (1). (8) A reference in this section to a port in Tasmania shall be read as a reference to the port, or the first port, in Tasmania at which the wheat concerned is landed. 26. Quota seasons . (1) In relation to a quota season, or a season that is not a quota season but immediately follows a quota season, sections 19, 20 and 21 have effect as if references in those sections 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 subsection referred to as " the relevant season ") means wheat of the relevant season acquired by the Board in the relevant season, or wheat of an earlier quota season acquired by the Board in the earlier quota season but not included in the pool for that season, or acquired by the Board in the relevant season, being in either case- (a) wheat that 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 acquired by the Board under-arrangements between the Commonwealth Government and the Governments of the States relating to wheat quotas, and (b) if, under the law of the State in which the wheat was acquired by the. Board relating to wheat quotas, quotas have been allocated to individual persons in respect of the relevant season, wheat that 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. (3) The, pool for a quota season (in this subsection referred to as the relevant season ") consists of the following wheat acquired by the Board- (a) wheat that is quota wheat in relation to the relevant season: (b) any other wheat of the relevant season or of an earlier quota season acquired by the Board 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 standard white wheat, and paid for in full, during the relevant season; and

776 Wheat Marketing Act 1979, No. 72 (c) any other wheat, being wheat of an earlier quota season, that- (i) was acquired by 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 acquired by the Board- (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), attribute sales of wheat of a particular kind to all or any of the wheat of that particular kind acquired from particular persons. (6) For the purposes of this section, wheat shall be deemed to have been acquired by the Board in Queensland if- (a) it has been delivered to the Board in Queensland; or (b) in the case of wheat sold by the Board under section 17 or under the corresponding provision of the Commonwealth Act or of a State Act, the wheat was in Queensland at the time of the sale, and the Northern Territory shall be deemed to be part of such- State of Australia as is prescribed by regulations under the Commonwealth Act. (7) In this section, a reference to wheat acquired by the Board shall be read as a reference to wheat so acquired under this Act, the Common- wealth Act or a State Act. PART IV-MISCELLANEOUS 27. Use of funds by Board . Subject to the Board's paying, or making provision for the payment of, amounts required to be paid, by it under this Act, nothing in this Act shall be deemed to prevent the Board from applying moneys received by it by reason of the exercise of its functions under this Act for the purposes of the Commonwealth Act or of a State Act relating to the marketing of wheat. 28. Board may require returns . (1) For the purposes of this Act, the Board 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, wheaten flour, semolina, corn sacks, jute or jute products as is specified in the notice. (2) A person shall not, without reasonable excuse, refuse or fail to comply with a requirement under this section.

Wheat Marketing Act 1979, No. 72 777 (3) A person is not excused from furnishing information that he is required to furnish under this section on the ground that the information might tend to incriminate him or make him liable to a penalty, but information so furnished is not admissible in evidence against him in proceedings other than proceedings for an offence defined in subsection (4). (4) A person shall not furnish to the Board information that is false or misleading in a material particular. 29. Proper care to be taken of wheat owned by Board. A person having wheat, the property of the Board, in his possession or under his care shall 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. 30. Access to premises . (1) An authorized' person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section. (2) Where a member of the Australian Federal Police, or a member of the Police Force of Queensland suspects, on reasonable grounds, that there is being carried in any motor vehicle on a road- (a) wheat that is the property of the Board; or (b) wheat the delivery of which has been lawfully required by the Board under this Act, he may stop that vehicle, using such means as he considers necessary for the purpose, and may exercise in relation to that vehicle the functions of an authorized person under this section. (3) Where an authorized person, a member of the Australian Federal Police or a member of the Police Force of Queensland, has reason to believe that- (a) there is on any premises wheat of any season that is the property of the Board and is not in the possession of the Board or a person authorized by the Board, or wheat the delivery of which has been lawfully required by the Board under this Act; or (b) there are on any premises books, documents or other papers relating to wheat of any season or to corn sacks, he may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for-the purpose of exercising the functions of an authorized person under this section. (4) If, upon an application under subsection (3), the Justice of the Peace is satisfied by information on oath or affirmation- (a) that there is reasonable ground for believing that there is on the premises any wheat, or that there are on the premises any books, documents or papers, referred to in subsection (3); and (b) that the issue of the warrant is reasonably required for purposes of, or related to the operation of, this Act, the Justice of the Peace may grant a warrant authorizing the applicant, with such assistance as he thinks necessary, to enter the premises during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

778 Wheat Marketing Act 1979, No. 72 (5) A warrant under subsection (4) shall specify a date after which the warrant ceases to have effect. (6) Where a person has entered any premises in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (4), he may exercise the functions of an authorized person under this section. (7) A person shall not, without reasonable excuse, obstruct or hinder a person acting under-the authority of (a) subsection (2) or (6); or (b) a warrant granted under subsection (4). (8) The functions of an authorized person under this section are- (a) to search for and inspect wheat of any season or corn sacks; .(b) to search for, inspect, take extracts from and make copies . of books, documents or papers referred to in subsection (3); and (c) to take possession of and remove wheat referred to in subsection (2) or (3). (9) Wheat of a season, other than wheat that is the property of the Board, of which possession is taken in accordance with this section, 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 this Act. (10) In this section- (a) the expression " occupier " includes , in relation to premises, the person in charge of the premises; (b) the expression " road " has the same meaning as under the Traffic Act1949-1977. 31. Appointment of authorized persons . (I) The Board or the Chairman may appoint a person or persons included in a class of person to be an authorized person or authorized persons for the purposes of a provision of this Act specified in the instrument of appointment. 32. Notice by authorized receiver of capital expenditure. (1) As soon as practicable after the commencement of this Act the State Wheat Board constituted under the Wheat Pool Act 1920-1979 shall, by notice in writing to the Board, specify the proportion of the remuneration under the Commonwealth Act payable to it as an authorized receiver that, in its opinion, is referable to capital expenditure (including depreciation allowances and maintenance costs) in relation to its facilities as an authorized receiver. (2) The State Wheat Board may from time to time by notice in writing to the Board, vary a proportion specified by it in a notice under subsection (1). (3) Before giving notice under subsection (1) or. (2) the State Board shall consult with The Queensland Graingrowers' Association. 33. Notices by Board. A notice, authority, communication or 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.

Wheat Marketing Act 1979, No. 72 779 34. Indemnity . A member of the Board is not personally liable for an act of the Board or of the member acting as such. 35. Offences . A person who contravenes or fails to comply with a provision of this Act is guilty of an offence punishable, if no other penalty is provided by this Act for the offence, by a fine not exceeding $500 or imprisonment for a term not exceeding 6 months. 36. Regulations . 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 $200 or imprisonment for 6 months, or both, for offences against the regulations.