Wheat Marketing Act 1984 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
PART II—AUSTRALIAN WHEAT BOARD
4. Australian Wheat Board
5. Objects, functions and powers of Board
6. Currency contracts and futures contracts
7. Reserves
8. Transfer of wheat to another season
9. Importation and sale by Board of overseas wheat
10. Authorized receivers
11. Directions by Minister
12. Board may establish consultative groups
13. Consultations with Australian Wheatgrowers’ Federation
PART III—MARKETING OF WHEAT
14. Interpretation
15. Guaranteed minimum price
16. Net pool return
TABLE
OF PROVISIONS—
Section
17. Net pool return rate
18. Delivery of wheat in a Territory to Board
19. Delivery to authorized receiver
20. Act not to apply to certain wheat
21. Permits for movement of wheat
22. Permits for purchase of wheat for stockfeed use
23. Contracts for sale of wheat entered into on behalf of Board
24. Unauthorized dealings with wheat
25. Export of wheat and certain wheat products
26. Advance payments for wheat of season other than last 2 seasons
27. Final payment for wheat of season other than last 2 seasons
28. Adjustments for allowances made under section 26
29. Payment in lieu of payment under section 27
30. Payment for wheat of last 2 seasons
31. Payment by Board
32. Home consumption price of wheat
33. Special account for freight to Tasmania
PART IV—MEMBERSHIP AND ORGANIZATION OF BOARD
34. Membership of Board
35. Term of office of members
36. Acting Chairperson
37. Remuneration and allowances
38. Resignation
39. Leave of absence for Chairperson
40. Termination of appointments
41. Disclosure of interests by members
42. Meetings of Board
43. Executive Committees
44. Indemnity
45. Appointment of officers
PART V—FINANCE
46. Raising of moneys by Board
47. Credit sales in accordance with direction
48. Discounting of letters of credit
49. Payments to Board in respect of underwritten payments
50. Payments to Board of certain proceeds of tax on permits
51. Advances
52. Appropriation
53. Application of moneys of Board
54. Liability to taxation
55. Application to Board of Division 2 of Part XI of Audit Act
56. Remuneration of authorized receivers
57. Payments by Board for transport costs
TABLE OF PROVISIONS—
Section
PART VI—MISCELLANEOUS
58. Operation of State laws
59. Appointment of authorized persons
60. Information to be furnished
61. Proper care to be taken of wheat owned by Board
62. Access to premises
63. Annual report
64. Regulations
PART VII—REPEAL AND TRANSITIONAL
65. Repeal
66. Transitional—members of Board
67. Transitional—other
68. Payments under repealed Act
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“appropriate Minister”, in relation to a State, means the Minister of 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;
“Australian standard white wheat” means wheat other than wheat that is wheat of a prescribed category of wheat;
“authorized person” means a person appointed under section 59 for the purposes of the provision in which the expression occurs;
“authorized receiver” means a State corporation authorized to receive wheat on behalf of the Board under section 10 or under a corresponding provision of a State Act;
“Board” means the Australian Wheat Board continued in existence by this Act;
“Chairperson” means the Chairperson of the Board;
“currency contract” means a contract with respect to currency futures or a forward exchange contract;
“financial market” means a market, exchange or other place at which currency contracts or futures contracts are regularly made or traded;
“futures contract” means a contract with respect to financial futures, corn futures or wheat futures (including such a contract relating to corn harvested outside Australia or overseas wheat);
“guaranteed minimum price”, in relation to wheat of a category, means the guaranteed minimum price for wheat of that category determined by the Minister under section 15;
“member” means a member of the Board;
“net pool return” means a net pool return determined by the Minister under section 16;
“net pool return rate” means a net pool return rate determined by the Minister under section 17;
“officer of the Board” means an officer of the Board appointed under section 45;
“overseas wheat” means wheat harvested outside Australia;
“preliminary guaranteed minimum price”, in relation to wheat of a category, means the preliminary estimate of the guaranteed minimum price for wheat of that category made by the Minister under sub-section 26 (3);
“season” means the period of 12 months commencing on 1 July 1984 and each of the next 6 succeeding periods of 12 months;
“security” includes a bond, debenture, bill of exchange, promissory note or unsecured note or any similar instrument or document;
“State Act” means a State Act relating to the marketing of wheat and includes regulations or other instruments made under, or by virtue of, that Act;
“State corporation” means any of the following bodies corporate:
(a) the Grain Handling Authority of New South Wales constituted under the
Grain Handling Act, 1954 of New South Wales;(b) the Grain Elevators Board incorporated by the
Grain Elevators Act 1934 of Victoria and constituted under theGrain Elevators Act 1958 of that State;(c) the State Wheat Board constituted under the
Wheat Pool Act 1920-1983 of Queensland;(d) Co-operative Bulk Handling Limited incorporated and deemed to be registered under the
Companies Co-operative Act, 1943-1976 of Western Australia;(e) South Australian Co-operative Bulk Handling, Limited incorporated and registered under the
Companies (South Australia )Code of South Australia;(f) the Tasmanian Grain Elevators Board constituted under the
Grain Reserve Act 1950 of Tasmania;“Territory” means an internal Territory;
“wheat” does not include—
(a) wheat harvested after 30 June 1991; or
(b) overseas wheat;
“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;
(b) except as otherwise provided by the regulations, any of the following products, namely, biscuits, cake mixes, pet foods, poultry foods and stock foods; and
(c) any other commodity that is produced mainly from wheat products or from wheat;
“Wheat Tax Acts” means the
Wheat Tax Act 1957 and theWheat Tax Act 1979; “Wheat Tax (Permit) Acts” means the
Wheat Tax (Permit )Act 1984 and theWheat Tax (Permit )Collection Act 1984.
(a) a reference to wheat of a category is a reference to—
(i) Australian standard white wheat; or
(ii) wheat of a prescribed category; and
(b) a reference to wheat of a prescribed category is a reference to wheat of a category determined by the Board.
season that, after 30 June 1984, has become the property of the Board by force of that Act or of an Act repealed by that Act.
(a) shall take judicial notice of the imprint of the common seal of the Board appearing on a document and shall presume that the document was duly sealed; and
(b) shall take judicial notice of the signature of a person who is or has been the Chairperson and of the fact that the person is or was the Chairperson.
(a) to control the interstate marketing of wheat;
(b) to control the marketing of wheat in the Territories;
(c) to control the export of wheat from Australia;
(d) to control the overseas marketing of wheat;
(e) in appropriate circumstances, to import overseas wheat into Australia and to market such wheat;
(f) to encourage and promote the use and sale of wheat both in Australia and overseas;
(g) to co-operate, consult and enter into agreements with, and make recommendations to, authorized receivers with respect to services provided by them and other matters relating to the marketing of wheat;
(h) to determine, after consultation with the authorized receivers, standards for the classification of wheat delivered to the Board and, having regard to those standards, to determine categories of wheat containing one or more classes and grades of wheat;
(j) to determine, after consultation with the authorized receivers, standards for the condition and quality of wheat delivered by authorized receivers to purchasers;
(k) to promote, fund, and arrange for the conduct of, research into matters relating to the marketing of wheat;
(m) to provide advice and make recommendations to the Minister and the appropriate Ministers of the States with respect to matters relating to the marketing of wheat; and
(n) to perform any other function conferred on the Board by this Act or the regulations or by any other Act and, subject to any direction by the Minister under sub-section 58 (2), any function conferred on the Board by a State Act.
(a) purchase wheat;
(b) accept the delivery of wheat to it;
(c) sell or dispose of, or make arrangements for the sale or disposal of, wheat;
(d) require, in circumstances where the Board considers it appropriate, a purchaser of wheat from the Board to give the Board a guarantee or other security for the payment of the purchase price of the wheat;
(e) enter into an arrangement under which, in consideration of goods supplied, or to be supplied, by a purchaser of wheat from the Board, a third party makes payments to the Board for or in respect of the wheat;
(f) enter into an arrangement under which, if the Board so requests, a third party provides to a purchaser of wheat from the Board finance for the purchase of the wheat;
(g) enter into agreements with respect to the carriage of wheat by rail;
(h) enter into contracts with respect to, or charter vessels for, the carriage, by sea, of wheat (including overseas wheat) and other grains and commodities acquired by the Board;
(j) arrange for, or establish, maintain and operate facilities for, the handling and storage outside Australia of wheat (including overseas wheat); and
(k) charge such fees as are fair and proper for the provision of services by the Board or the use by other persons of the facilities of the Board when not required by the Board.
(a) an authority established by a law of a State engaged in the marketing of grain other than wheat requests the Board to export any such grain on its behalf; or
(b) a co-operative or body corporate engaged in a State in the marketing of grain other than wheat requests the Board to export any such grain on its behalf and no authority established by a law of the State is engaged in the marketing of such grain,
the Board may export the grain on behalf of the authority, co-operative or body corporate, as the case may be.
(a) the Board enters into the contract as a result of—
(i) an offer made by the purchaser under the contract to purchase wheat and other grain from a single supplier; or
(ii) an invitation made by the purchaser under the contract to single suppliers to tender for the supply of wheat and other grain; and
(b) either—
(i) the Board has not purchased any of that other grain from a grower; or
(ii) the Board sells that other grain on behalf of—
(a) an authority established by or under a law of a State engaged in the marketing of such grain; or
(b) a co-operative or body corporate that is engaged in the marketing of such grain on behalf of growers in a State, or in a region of a State, where no authority established by or under a law of the State is engaged in the marketing of such grain in the State, or in that region of the State, as the case may be.
(a) accept payment from that authority, co-operative or body corporate, as the case may be, of such amounts as are mutually agreed upon as remuneration for the services of the Board, for facilities made available by the Board and for expenses incurred by the Board, in connection with the export or sale of the grain; and
(b) use any money paid to the Board under paragraph (a) as remuneration for services and facilities made available, and for expenses incurred, by the Board during a season to offset the costs incurred by the Board in relation to wheat of that season.
(a) a sale or proposed sale of wheat by the Board; or
(b) a borrowing or raising of moneys by the Board or a proposed borrowing or raising of moneys by the Board (including a borrowing or raising of moneys by the Board by dealing with securities),
enter into and deal with currency contracts or futures contracts for hedging purposes at a financial market (whether at a place in or outside Australia).
(a) set guidelines for the purpose of the exercise by the Board of its power under sub-section (1); and
(b) revoke or vary guidelines set for that purpose or set new guidelines for that purpose,
and shall give to the Board a copy of each determination made under this sub-section.
(a) in the case of a contract with respect to corn futures or wheat futures—the contract is entered into or dealt with for the purpose of minimizing the risks of adverse variations in the price obtainable for wheat under a contract for the sale of wheat that has been, or is to be, entered into by the Board; and
(b) in the case of a currency contract or a contract with respect to financial futures—the contract is entered into or dealt with for the purpose referred to in paragraph (a) or for the purpose of minimizing the risks of adverse variations in the costs of a borrowing or raising of moneys by the Board or a proposed borrowing or raising of moneys by the Board (including a borrowing or raising of moneys by dealing with securities).
(a) an amount becoming payable to the Board under section 49 of the
Wheat Marketing Act 1979 or section 49 of this Act in respect of the first season or the second season; or(b) an amount becoming payable to the Board under that section in respect of the first season or the second season that is greater than the amount that would have become so payable if that quantity of wheat had not been transferred at that price.
(a) the net pool return for wheat of the first season shall be taken to be increased by an amount equal to the total price attributed by the Board to the wheat so transferred;
(b) the net pool return for wheat of the second season shall be taken to be reduced by an amount equal to that total price;
(c) for the purposes of calculating the net pool return rate for the first season, the net pool return for wheat of that season shall be divided by a number of tonnes of wheat that includes the number of tonnes of wheat so transferred; and
(d) for the purposes of calculating the net pool return rate for the second season, the net pool return for wheat of that season shall be divided by a number of tonnes of wheat that does not include the number of tonnes of wheat so transferred.
“net pool return” and “net pool return rate” include a net pool return and net pool return rate as defined in sub-section 4 (1) of the
Wheat Marketing Act 1979; “season” includes a period that is a season for the purposes of an Act repealed by this Act.
(a) import overseas wheat into Australia;
(b) sell or dispose of, or make arrangements for the sale or disposal of, overseas wheat imported into Australia by the Board; and
(c) manage and control all matters connected with, or arising out of, the handling, storage, protection, treatment, transfer, shipment or sale of overseas wheat imported into Australia by the Board.
that overseas wheat for that use at that time in accordance with the provisions of section 32 (other than sub-section 32 (8)) if that overseas wheat were wheat harvested in Australia.
(a) an amount equal to 90% of the preliminary guaranteed minimum price for that wheat;
(b) the amount obtained by—
(i) calculating the gross return per tonne for Australian standard white wheat of each of the following 3 seasons acquired by the Board:
(A) the current season;
(B) whichever of the 3 preceding seasons had the lowest gross return per tonne;
(C) whichever of the 3 preceding seasons had the second lowest gross return per tonne;
(ii) taking the average of the 3 amounts calculated in accordance with sub-paragraph (i);
(iii) deducting from the amount calculated in accordance with sub-paragraph (ii) the amount obtained by—
(A) taking the aggregate of the amounts referred to in paragraph 16 (1) (b) in relation to the current season calculated in the same manner as they would be calculated for the purposes of determining the net pool return for that season; and
(B) dividing that aggregate by the number of tonnes of all wheat of the current season acquired by the Board; and
(iv) taking 95% of the amount calculated in accordance with sub-paragraph (iii).
(3) The guaranteed minimum price per tonne for wheat of a prescribed category of a season acquired by the Board is the higher of the 2 following amounts or, if those amounts are the same, that amount:
(a) an amount equal to 90% of the preliminary guaranteed minimum price for that wheat;
(b) the amount obtained by calculating the gross return per tonne for that wheat and—
(i) where that gross return exceeds the notional gross return per tonne for that wheat—by adding the amount of the difference between those returns to the guaranteed minimum price per tonne for Australian standard white wheat of that season acquired by the Board; or
(ii) where that gross return does not exceed the notional gross return per tonne for that wheat—by deducting the amount of the difference (if any) between those returns from the guaranteed minimum price per tonne for Australian standard white wheat of that season acquired by the Board.
“preceding season” includes a period that is a season for the purposes of an Act repealed by this Act;
“season” does not include the season that commences on 1 July 1989 or the next succeeding season.
(a) taking the aggregate of the following amounts:
(i) the gross return from the disposal by the Board of all Australian standard white wheat of that season acquired by the Board;
(ii) an amount equal to the gross return that the Board would have received from the disposal of all wheat, other than Australian standard white wheat, of that season acquired and disposed of by the Board if that wheat had been Australian standard white wheat at the time when it was disposed of; and
(b) deducting from that aggregate the aggregate of the following amounts:
(i) the costs incurred by the Board to the extent that they relate wholly to wheat of that season or may be reasonably allocated to such wheat;
(ii) 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 Western Australia to places outside Australia are, or in the opinion of the Board are likely to be, 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.
(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 proceeds of the disposal of that wheat;
(b) each of the following amounts shall be taken to be costs incurred by the Board in relation to that season:
(i) allowances as finally ascertained by the Board for the matter referred to in sub-paragraph 26 (6) (b) (iii) or the corresponding provision of a State Act in respect of wheat of that season;
(ii) any amount payable to the Board by a person under sub-section 28 (5) or the corresponding provision of a State Act that should, in the opinion of the Board, having regard to whether or not that amount may reasonably be recovered by action taken under sub-section 28 (6) or (7) or a corresponding provision of a State Act, be written off by the Board as a bad debt in relation to that season;
(c) moneys paid into a reserve account under section 7 shall not be taken to be costs incurred by the Board; and
(d) no account shall be taken of the following:
(i) if the Board has entered into or dealt with a currency contract or futures contract in relation to that season otherwise than in accordance with guidelines having effect under sub-section 6 (2)—the result of that contract or dealing;
(ii) amounts taken into account under sub-section 26 (9) or the corresponding provision of a State Act representing the amounts by which the price received by the Board under a contract of sale of wheat entered into under section 23 or the corresponding provision of a State Act differs from the price that would be the appropriate price if the wheat were Australian standard white wheat sold under a contract of sale to which section 32 or the corresponding provision of a State Act applied;
(iii) allowances (other than the allowances referred to in sub-paragraph (b) (i)) as finally ascertained by the Board for the matters referred to in sub-sections 26 (6) and (7) or in the corresponding provisions of a State Act;
(iv) moneys to which section 33, or a corresponding provision of a State Act, applies or of costs of the Board payable out of those moneys.
(a) fails to comply with sub-section (1); or
(b) delivers to the Board wheat that has previously been sold by the Board,
is guilty of an offence punishable, on conviction, by a fine not exceeding—
(c) in the case of a person not being a body corporate—$ 10,000; or
(d) in the case of a body corporate—$50,000.
(a) wheat retained by the grower for use on the farm where it was grown;
(b) wheat in respect of which a permit has been issued under section 21 or the corresponding provision of a State Act;
(c) wheat purchased under a permit under section 22 or the corresponding provision of a State Act; or
(d) wheat that has been sold by the Board.
Penalty: $1,000.
Penalty: $1,000.
(a) seed wheat; or
(b) wheat that satisfies none of the standards determined by the Board for the classification of wheat delivered to it,
may, by notice served on the Board, notify the Board accordingly.
(a) in the case of wheat stated by the notice to be seed wheat—that the wheat will be used as seed wheat; or
(b) in any other case—that the wheat is wheat to which paragraph (1) (b) applies,
the authorized person may, on behalf of the Board, issue to the first-mentioned person a declaration that this Act (other than sub-section 25 (2)) does not apply to that wheat.
(a) the name and address of the person to whom the declaration is issued;
(b) whether the wheat to which the declaration applies is seed wheat or wheat to which paragraph (1) (b) applies;
(c) the quantity of the wheat;
(d) the address of the place where the wheat is when the declaration is issued;
(e) the date of the issue of the declaration; and
(f) such other particulars (if any) as the Board specifies from time to time.
Permits for movement of wheat
(a) to move the wheat from that farm to an associated farm; or
(b) where the owner of that farm owns stock that are being agisted on another farm—to move the wheat from that farm to the other farm for the purpose of feeding those stock.
(a) the proposed movement of the wheat would not detrimentally affect the orderly marketing of wheat by the Board; and
(b) the proposed movement of the wheat is of a kind described in paragraph (3) (a) or (b),
issue to the first-mentioned person a permit for the movement of the wheat between those farms.
(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 sub-section (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 sub-section (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 (if any) as the Board specifies from time to time.
(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 2 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.
(a) the name and address of the person from whom the wheat was purchased;
(b) the date of the purchase;
(c) the quantity of wheat so purchased; and
(d) any other matter required to be specified by the notice.
(a) the name and address of the person to whom the permit is issued;
(b) the date of the issue of the permit;
(c) the season during which purchases authorized by the permit may be made;
(d) the total quantity of wheat authorized by the permit to be purchased; and
(e) such other particulars (if any) as the Board specifies from time to time.
(a) set guidelines for the purpose of the exercise by the Board of its power to issue permits under this section; and
(b) revoke or vary guidelines set for that purpose or set new guidelines for that purpose,
and shall give to the Board a copy of each determination made under this sub-section.
(a) is ordinarily resident in a Territory;
(b) carries on business in a Territory; or
(c) if the person is a body corporate—is incorporated under a law in force in a Territory.
(a) the name and address of the grower;
(b) the name and address of the offeror;
(c) the quantity of wheat to which the offer made by the offeror relates;
(d) that the wheat is proposed to be purchased for human consumption, for a stockfeed use or for an industrial use, whichever is applicable;
(e) the terms and conditions of the offer made by the offeror; and
(f) such other information as is required to be specified by the notice.
(a) a person shall not sell or deliver to a person or transfer to a person the possession of, or take possession of, or grist or otherwise process, or mix with any other grain or substance, wheat in a Territory, other than wheat that has been sold by the Board;
(b) a person shall not move wheat in a Territory, or cause or permit wheat in a Territory 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 21;
(c) where a person has purchased wheat under a permit under section 22—the person shall not use the wheat for a use other than a stockfeed use; and
(d) where wheat has been sold by the Board under a contract of sale entered into in a Territory, being 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.
(a) in the case of a person not being a body corporate—$10,000; or
(b) in the case of a body corporate—$50,000.
(a) wheat sold under a permit under section 22 or the corresponding provision of a State Act; or
(b) wheat products containing any wheat sold under a permit under section 22 or the corresponding provision of a State Act.
(a) in the case of a person not being a body corporate—$10,000; or
(b) in the case of a body corporate—$50,000.
(a) in relation to the season commencing on 1 July 1984—as soon as practicable after the commencement of this Act; or
(b) in relation to every other season—before 1 October of that season, having regard to any advice or information furnished to the Minister by the Board or the Bureau of Agricultural Economics, make a preliminary estimate of the guaranteed minimum price for wheat of each category of that season.
(a) where the wheat is wheat of a prescribed class of that category—the characteristics of the variety or varieties of wheat included in that class and—
(i) where the wheat was delivered to the Board—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, it would, in the opinion of the Board, have been so delivered;
(b) where the wheat was delivered to the Board—
(i) charges by the Board in 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 an agreement in force between the Board and the authorized receiver to whom the wheat was so delivered as is applicable to the wheat; and
(iii) the time of delivery of the wheat;
(c) where the wheat was not delivered to the Board —
(i) charges that the Board would have made if the wheat had been delivered to the Board in respect of the cost of the transport of the wheat from the place at which, in the opinion of the Board, the wheat would have been so delivered to the appropriate terminal port in relation to that place; and
(ii) charges by the Board in respect of so much of the cost to the Board of that proportion of the remuneration payable by the Board to the authorized receiver at the place referred to in sub-paragraph (i) that is specified in a notice from the authorized receiver to the Board under the relevant provision
of the State Act as would be applicable to the wheat if the wheat had been delivered to the authorized receiver at that place;
(d) other necessary adjustments.
(a) where the first-mentioned price is less than the second-mentioned price—be reduced by the amount of the difference between the 2 prices; or
(b) where the first-mentioned price exceeds the second-mentioned price—be increased by the amount of the difference between the 2 prices.
(a) the amount of any advance under sub-section (10); and
(b) the amount of any advance payment made by the Board under an Act repealed by this Act,
in respect of that wheat.
(a) may be paid as a lump sum on, or as soon as practicable after, delivery of the wheat to the Board; or
(b) if the Board and the person to whom the payment is to be made agree, may be paid at such later time as is, or may comprise 2 or more payments to be made at such later times as are, determined by
agreement between the Board and that person, and shall be paid on such conditions (including conditions relating to the payment to that person of interest on the amount of the advance payment that is from time to time unpaid) as are so determined.
(a) wheat is delivered to the Board at a particular place on a day (in this sub-section referred to as the “delivery day”) within a prescribed period in relation to that place;
(b) the wheat was available for delivery on the prescribed day in relation to that place; and
(c) an interim advance payment under sub-section (1) is payable in respect of the wheat,
the Board may, in calculating an allowance for the matter referred to in sub-paragraph (6) (b) (iii), include an amount equal to the amount of interest that the person to whom the interim advance payment is payable would have received if that person—
(d) had delivered the wheat to the Board on the prescribed day; and
(e) had, on that day, entered into an agreement under paragraph (13) (b) providing for the payment of the whole of the interim advance payment on the delivery day.
“prescribed class”, in relation to wheat of a particular category, means a class determined by the Board of wheat of that category, 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;
“prescribed day”, in relation to the delivery of wheat to the Board at a particular place, is the day on which, in the opinion of the Board, wheat would normally become available for delivery at that place;
“prescribed period”, in relation to a particular place, means the period of 12 weeks commencing on the expiration of the period of 2 weeks after the prescribed day in relation to that place;
“season” does not include the season commencing on 1 July 1989 or the next succeeding season.
(a) calculating the amount that the final advance payment under section 26 in respect of that wheat would have been if—
(i) the reference in section 26 to the guaranteed minimum price for Australian standard white wheat were a reference to the net pool return rate for wheat of that season;
(ii) the net pool return for that season were reduced by an amount (if any) equal to the amount, or the sum of the amounts, deducted by the Board from the disposal of wheat of that season and paid into a reserve account under section 7; and
(iii) the net pool return for that season were adjusted to take into account the result of any contract or dealing of the kind referred to in sub-paragraph 16 (2) (d) (i) that was entered into or that took place in relation to that season; and
(b) deducting from the amount calculated in accordance with paragraph (a) the amount of the final advance payment under section 26 in respect of that wheat.
(a) taking the aggregate of that positive amount and the guaranteed minimum price for wheat of that category of that season; and
(b) deducting from that aggregate the amount per tonne of the final advance payment under section 26 in respect of that wheat.
(a) the guaranteed minimum price for Australian standard white wheat of that season shall be deducted from the net pool return rate for wheat of that season; and
(b) where—
(i) the gross return per tonne for wheat of that category of that season does not exceed the gross return per tonne for Australian
standard white wheat of that season—the amount per tonne of the final difference in relation to wheat of that category shall be deducted from the amount per tonne of the original difference in relation to wheat of that category and the amount so obtained shall be added to the amount calculated in accordance with paragraph (a); and
(ii) the gross return per tonne for wheat of that category of that season exceeds the gross return per tonne for Australian standard white wheat of that season—the amount per tonne of the original difference referred to in sub-paragraph (i) shall be deducted from the amount per tonne of the final difference referred to in that sub-paragraph and the amount so obtained shall be added to the amount calculated in accordance with paragraph (a).
“final difference”, in relation to wheat of a prescribed category, means the difference between—
(a) the gross return per tonne for wheat of that category; and
(b) the gross return per tonne for that wheat that would, in the opinion of the Board, have been received by the Board from the disposal of that wheat if that wheat had been Australian standard white wheat sold at the same times and in the same quantities as that wheat was sold;
“original difference”, in relation to wheat of a prescribed category, means the difference that was calculated for the purposes of paragraph 15 (3) (b) between the gross return per tonne, and the notional gross return per tonne, for wheat of that category.
with the formula
A is the amount that, but for this sub-section, would be the amount required to be paid by the Board to the person under sub-section (1) or (3), as the case requires, in respect of that season;
B is the purchased quantity of wheat; and
C is the total quantity of wheat of that season acquired by the Board from the person under this Act.
decreased, as the case may be, by the same amount of allowances in respect of the matters referred to in sub-sections 26 (6) and (7) as the amount of that final advance payment was increased or decreased.
would, if the first-mentioned payment were not made, be payable to the person under section 27 reduced by such amount as the Board considers proper having regard to—
(a) the cost to the Board of borrowing moneys for the purpose of making payments under this section in respect of wheat of that season;
(b) the administrative costs incurred by the Board in dealing with the application; and
(c) such other factors as the Board considers relevant.
(a) section 26 were applicable to wheat of that season;
(b) references in that section to the guaranteed minimum price for wheat of any category were references to the net pool return rate for wheat of that season;
(c) the net pool return for that season were reduced by an amount (if any) equal to the amount, or the sum of the amounts, deducted by the Board from the disposal of wheat of that season and paid into a reserve account under section 7; and
(d) the net pool return for that season were adjusted to take into account the result of any contract or dealing of the kind referred to in sub-paragraph 16 (2) (d) (i) that was entered into or that took place in relation to that season.
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.
(a) taking the average amount per tonne of the export price, f.o.b., quoted by the Board on each of the 20 business days immediately preceding the 16th day of the month immediately preceding—
(i) the relevant quarter; and
(ii) the quarter immediately preceding the relevant quarter,
for Australian standard white wheat to be disposed of on each day of the relevant quarter or the quarter immediately preceding the relevant quarter, as the case requires, by the Board by way of export sale or sale for export; and
(b) adding to the amount calculated in accordance with paragraph (a) such amount (if any) as is determined by the Minister, after consultation with the Board, in relation to the relevant quarter or in relation to one or more quarters that include the relevant quarter, to be
the amount per tonne by which the costs incurred by the Board in marketing wheat for human consumption in Australia exceed the costs incurred by the Board in marketing wheat for export.
(a) the price for Australian standard white wheat in bulk sold free on rail at a port of export for a use (in this section referred to as the “relevant use”) in Australia that is a stockfeed 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 sold free on rail at a port of export for a use (in this section also 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.
(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 a State Act that corresponds to sub-section (3).
(a) the costs incurred by the Board in handling and storing that wheat before it is sold to the person;
(b) any costs incurred by the Board in delivering that wheat to the person; and
(c) other necessary adjustments.
(a) by the person at the farm at which the wheat of that season that was delivered to the Board by the person was harvested; or
(b) by the person or by another person at an associated farm approved by the Board.
“associated farm” has the same meaning as in section 21;
“business day” means a day other than—
(a) a Saturday;
(b) a Sunday; or
(c) a day that is a public holiday in the place where the head office of the Board is situated;
“final purchasing day”, in relation to a season, means—
(a) the day immediately succeeding the expiration of the season; or
(b) such other day (whether or not during the season) as the Minister, by notice published in the
Gazette before the expiration of the season, determines;“quarter” means a period of 3 months commencing on any 1 January, 1 April, 1 July or 1 October;
“season” does not include the season commencing on 1 July 1989 or the next succeeding season.
(a) moneys received by the Board by reason of the inclusion in the price for a sale of wheat to which section 32 applies or a sale in Australia of overseas wheat of an amount referred to in sub-section 32 (5);
(b) such proportion of the moneys received by the Board under section 50 as is equal to the amounts referred to in paragraph 6 (c) of the
Wheat Tax (Permit )Act 1984 that would have been received under that Act in respect of all permits issued by the Board under section 22 of this Act or the corresponding provision of a State Act with respect to a season if the total quantity of wheat authorized by those permits to be purchased during that season had been the same as the total quantity of wheat that was purchased under those permits during that season; and(c) payments made out of the moneys referred to in paragraphs (a) and (b),
and the Board shall not apply those moneys except in accordance with this section.
(a) Geelong;
(b) Portland.
(a) a reference to the costs of shipment of wheat includes a reference to the costs of unloading the wheat; and
(b) a reference to a port in Tasmania is a reference to the port, or the first port, at which the wheat (including overseas wheat) concerned is landed.
(a) the Chairperson, who shall be a wheat grower at the time of appointment;
(b) one member to represent the Commonwealth;
(c) one wheat grower representing wheat growers in New South Wales;
(d) one wheat grower representing wheat growers in Victoria;
(e) one wheat grower representing wheat growers in Queensland;
(f) one wheat grower representing wheat growers in South Australia;
(g) one wheat grower representing wheat growers in Western Australia; and
(h) such number of other members, being not less than 3 or more than 9, as is determined by the Minister in writing.
(a) by reason of experience in, or qualifications relevant to, the growing or marketing of wheat or the marketing of other products; or
(b) by reason of other experience in commerce, finance, economics, science or industrial matters.
(a) in the case of a member representing wheat growers in a State—the Minister may, after consultation with the appropriate Minister of the State, appoint a wheat grower in the State to that office; or
(b) in the case of any other member—the Minister may, subject to section 34, appoint a person to that office.
(a) during a vacancy in the office of Chairperson; or
(b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Chairperson,
but a member appointed to act during a vacancy shall not continue so to act for more than 12 months.
(a) any member—
(i) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(ii) fails, without reasonable excuse, to comply with his or her obligations under section 41;
(b) the Chairperson—
(i) engages, without the consent of the Minister, in paid employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any period of 12 months; or
(c) a part-time member is absent, without the prior consent of the Board, from 3 consecutive meetings of the Board otherwise than on business of the Board undertaken with the approval of the Board,
the Minister shall terminate the appointment of the member.
(a) be present during any deliberation of the Board with respect to that matter; or
(b) take part in any decision of the Board with respect to that matter.
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(b) take part in the making by the Board of the determination.
(a) with the approval of the Minister but not otherwise—create, execute, enter into, draw, make, accept, indorse, issue, discount and sell securities; and
(b) enter into any related agreements or arrangements.
(a) where the borrowing or raising of those moneys is effected by dealing with securities—sub-section (5) does not apply in relation to those securities; or
(b) where the borrowing of those moneys is effected in any other manner—the Minister shall not guarantee the repayment of those moneys or the payment of the expenses of borrowing.
47. If—
(a) the Minister directs the Board under section 11 to make a sale of wheat on terms involving a longer period of credit in respect of payment of an amount, being the whole or a part of the purchase moneys, than the period of credit that the Minister is satisfied, after consultation with the Board, is the period that the Board would have been prepared to allow on a strictly commercial basis;
(b) the Board incurs loss by reason of failure of the purchaser to pay that amount, or interest in respect of that amount, within the extended period of credit applicable to that amount; and
(c) the Minister is satisfied that the Board has taken all reasonable steps to recover from the purchaser the amount of the loss,
the Minister for Finance shall, out of moneys appropriated by the Parliament for the purpose, pay the amount of the loss to the Board and the amount so paid to the Board shall, for the purposes of this Act, be deemed to be part of the proceeds of the sale of the wheat by the Board.
(a) selling a letter of credit, or other document evidencing or acknowledging indebtedness to the Board, in advance of the date of maturity of the letter of credit or other document; or
(b) assigning or otherwise disposing of the rights of the Board to any payment under a letter of credit, or other document evidencing or acknowledging indebtedness to the Board, before the date on which the payment becomes due.
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Board in or in connection with the performance of its functions, or the exercise of its powers, under this Act or a State Act;
(b) in payment of any remuneration or allowances, or reimbursement of expenses, payable under this Act; and
(c) in making any other payments that the Board is authorized or required to make under this Act or any other Act or a State Act.
(a) a security dealt with by the Board;
(b) the issue, redemption, transfer, sale, purchase, acquisition or discounting of such a security by the Board or any other person, not including a transaction entered into without consideration or for an inadequate consideration; or
(c) any document executed by or on behalf of the Board, or any transaction, in relation to the borrowing or other raising of moneys by the Board.
(a) the reference in sub-section 63d (1) of that Act to an approved bank or approved banks shall be read as including a reference to the Reserve Bank of Australia;
(b) sub-section 63e (1) of that Act is omitted and the following sub-section is substituted:
“(1) Moneys of the authority held in relation to a season as defined in sub-section 3 (1) of the
Wheat Marketing Act 1984 not immediately required for the purposes of the authority with respect to that season, or moneys of the authority held otherwise than in relation to a season, may be invested—(a) on deposit with an approved bank;
(b) in Commonwealth securities; or
(c) in any other manner approved by the Treasurer.”; and
(c) section 63h of that Act is omitted.
(a) taking the aggregate of—
(i) the amounts referred to in paragraph 6 (b) of the
Wheat Tax (Permit )Act 1984 that would have been received under that Act in respect of permits issued in that State by the Board withrespect to that season under a provision of the State Act corresponding to section 22 of this Act if the total quantity of wheat authorized by those permits to be purchased during that season had been the same as the total quantity of wheat that was purchased in that State under those permits during that season; and
(ii) where wheat was purchased in that State during that season under permits issued by the Board otherwise than under the provision of the State Act referred to in sub-paragraph (i)—such amount as the Board considers appropriate having regard to the quantity of wheat so purchased and such other matters as the Board considers relevant; and
(b) deducting from the aggregate referred to in paragraph (a) such amount as the Board considers appropriate for the administrative costs incurred by the Board in making payments to that authorized receiver under this sub-section.
(a) taking the amounts referred to in paragraph 6 (b) of the
Wheat Tax (Permit )Act 1984 that would have been received under that Act in respect of all permits issued by the Board under section 22 of this Act or the corresponding provision of a State Act with respect to that season if the total quantity of wheat authorized by those permits to be purchased during that season had been the same as the total quantity of wheat that was purchased under those permits during that season; and(b) deducting from those amounts the amounts determined by the Board under paragraph (4) (b).
function, or imposes a liability or duty, that is also conferred or imposed by this Act is not prevented or limited by reason of the provisions of this Act.
(a) to furnish in writing to the Board, in accordance with the notice, such information relating to wheat or wheat products as is specified in the notice; or
(b) to produce to the Board, in accordance with the notice, such documents relating to wheat or wheat products as are specified in the notice.
Penalty: $1,000.
Penalty: $1,000 or imprisonment for 6 months, or both.
Penalty: $500.
(a) there is on any premises in a Territory—
(i) wheat that is the property of the Board and is not in the possession of the Board;
(ii) wheat that is required by this Act to be delivered to the Board; or
(iii) wheat in respect of which an offence against this Act has been committed; or
(b) there are on any premises in a Territory books, documents or other papers relating to wheat or wheat products,
the authorized person 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.
(a) that there are reasonable grounds 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 sub-section (2); 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 issue a warrant authorizing the authorized person, with such assistance as the authorized person 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.
Penalty: $1,000 or imprisonment for 6 months, or both.
(b) to take possession of and remove wheat referred to in paragraph (2) (a); and
(c) to search for, inspect, take extracts from and make copies of books, documents or papers referred to in paragraph (2) (b).
(a) whether, in the opinion of the Auditor-General, the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and, in the opinion of the Auditor-General, show fairly the financial transactions and the state of the affairs of the Board;
(c) whether, in the opinion of the Auditor-General, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Board during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
to include the operations of the Board during that year
under the
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(a) the conduct of the proceedings of the Board; and
(b) penalties not exceeding a fine of $500 for offences against the regulations.
Wheat Industry Stabilization (Reimbursement of Borrowing Costs )Act 1979
Wheat Levy Act (No. 1 )1979
Wheat Levy Act (No. 2 )1979
Wheat Marketing Act 1979
Wheat Marketing Amendment Act 1982
Wheat Marketing Amendment Act 1983
Wheat Marketing Amendment Act 1984
Wheat Products Export Adjustment Act 1974.
(a) the Wheat Finance Fund referred to in section 40 of the
Wheat Marketing Act 1979; or(b) wheat that was harvested before 1 July 1984,
continue to apply as if those provisions had not been repealed.
remains in force after that commencement as if it were a
determination of the Minister published in the
(a) 30 September 1985; or
(b) the day on which the agreement is revoked or expires, whichever is the earlier day.
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