Wheat Marketing Act 1989 (NSW)

W HEAT M A R K E TIN G ACT 1989 No. 211

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2. Commencement

3. Repeal of Wheat Marketing Act 1984 No. 115

4. Interpretation

5. Act to apply subject to Commonwealth Constitution

6.     Functions of the Australian Wheat Board

7.     Powers of the Board

8. Directions

9. Delegations

10.     Application of certain provisions of the Commonwealth Act

11. Regulations

IZ Transitional provisions

W HEAT M A R K ETING ACT 1989 No. 211

NEW SOUTH WALES

Act No. 211, 1989

An Act relating to the marketing of wheat and other grains; to repeal the Wheat Marketing Act 1984; and for other purposes. [Assented to 21 December 1989]

Wheat Marketing 1989

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Wheat Marketing Act 1989.

Commencement

2. This Act is to be taken to have commenced on 1 July 1989.

Repeal of Wheat Marketing Act 1984 No. 115

3. The Wheat Marketing Act 1984 is repealed.

Interpretation

4. (1) In this Act:

"Commonwealth Act" means the Wheat Marketing Act 1989 of the

Commonwealth.

(2) Words and expressions in this Act have the same meaning as they have in the Commonwealth Act

(3) In this Act

(a)	a reference to a function includes a reference to a power, authority and duty; and
(b)	a reference to the ejffircise of a function includes, if the function is a duty, a reference to the performance of the duty.

Act to apply subject to Commonwealth Constitution

5. (1) This Act is to be construed subject to the CoiKtitution of the Commonwealth and so as not to exceed the legislative power of the State, to the intent that where this Act, or any provision of this Act, would, but for this section, ha\o been construed as being in excess of that power, it is nevertheless valid to the extent to which it is not in excess of that power.

(2) If, because of the Constitution of the Commonwealth, a provision of this Act cannot validly apply in relation to any particular grain, the provision is to be construed as intended to operate in relation to all grain to which it purports to apply and to which it can validly apply.

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IV/ieat Marketing 1989

Functions of the Australian Wlieat Board

6, (1) For the purposes of section 6 (4) of the Commonwealth Act,

the following functions are conferred on the Board;

(a) to trade in wheat and wheat products;

(b)	to make arrangements for the growing of wheat for the purpose of trading in wheat;
(c)	to promote, fund or undertake research into matters related to the marketing of wheat or wheat products;
(d)	to trade in grain, other than wheat, and grain products to the extent that trading in such grain or grain products will promote an object of the Board under the Commonwealth Act;
(e)	to make arrangements for the growing of grain other than wheat for the purpose of trading in such grain;
(f)	such other functions as are given to the Board by a law of the State.

(2) The functions are only conferred on the Board to the extent that their exercise will not be inconsistent with the Marketing of Primary Products Act 1983.

Powers of the Board

7.        {!) The Board has power to do all things that are necessary or

convenient to be done in connection with the exercise of its functions

under this Act

(2) Without limiting the generality of subsection (1), the Board has power to do anything in cormection with the exercise of its functions under this Act that it may do in accordance with section 7 (2), (3), (10) and (11) of the Commonwealth Act

(3) For the purposes of subsection (2), a reference in section 7 (2) (p) of the Commonwealth Act to the Minister is to be read as a reference to the Minister administering this Act

(4) The Board may have regard to any advice given to it by a consultative group established under section 9 of the Commonwealth Act on any matter relating to the ejercise of the Board’s functions under this Act

Wheat Marketing 1989

Directions

8. (1) The Minister administering this Act or the Commonwealth Minister with the written consent of the Minister administering this Act may give written directions to the Board concerning the exercise of its functions,

(2) The Board must comply with directions given under this section. (3) The provisions of section 8 (2) and (3) of the Commonwealth Act

apply in relation to directions given under this section as if they were

included in this Act

Delegations

9. (1) The Board may delegate any of its powers and functions (other

than this power of delegation) to:

(a) a person holding an appointment under the Commonwealth Act, other than a member of a Selection Committee under that Act or a member of a consultative group established under section 9 of that Act; or

(b) an employee of the Board under section 44 of that Act

(2) A delegation under this section is to be in writing.

Application of certain provisions of the Commonwealth Act

10. The following provisions of the Commonwealth Act apply as if they were included in this Act

(a)	Divisions 2 and 3 of Part 4 (which deal with the purchase of and payment for wheat);
(b)	section 74 (other than subsections (1) (c) and (e) and (4) (c) and (e))(which deals with futures contracts).

Regulations

11. The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act

Transitional provisions

12. (1) Despite its repeal, the Wheat Marketing Act 1984 (other than

sections 7 (Directions by Commonwealth Minister), 8 (Delivery of

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wheat), 21 (Home consumption price of wheat) and 22 (Special

account for freight to Tasmania)) continues in force:

(a)

for the purposes only of:

(i)	the disposal of wheat delivered to the Board before 1 July 1989 or wheat in respect of which a permit was issued or authorisation or consent given under the Wheat Marketing Act 1984 of the Commonwealth or a corresponding provision of the Wheat Marketing Act 1984; and
(ii)	the determination and enforcement of rights and liabilities in connection with the disposal of such wheat; and
(iii)	the making of payments for such wheat; and

(b)

in connection with payments made before 1 July 1989 in relation to wheat referred to in paragraph (a).

(2) For the purpose of subsection (1), a reference in the Wheat Marketing Act 1984 to the Australian W^eat Board is, in relation to anything done or to be done after the commencement of this section, to be read as a reference to the Australian Wheat Board as continued in existence by the Commonwealth Act

(3) If, on the repeal of the Wheat Marketing Act 1984, there is money standing to the credit of the account kept under section 22 of that Act, the money is to be applied for the benefit of the wheat industry in such manner as the Commonwealth Minister, after consultation with the Grains Council, directs.

[Minister's second reading speech made in -

Legislative Assembly on 23 November 1989 Legislative Council on 29 November 1989]