Wheat Marketing Act Amendment Act 1984 (Qld)

934 (ueenshtnb ANNO TRICESIMO TERTIO E,IZA ET AE SECUN D AE REGINAE An Act to amend the W heat M arketin g Act 1978- 1983 in certain particulars [ASSENTED TO 26TH OCTOBER, 1984]

Wheat Marketing Act Amendment Act1984, No. 85 935 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 Amendment Act 1984. 2. Commencement . This Act shall be deemed to have commenced on 1 October 1984 and shall have retrospective effect accordingly. 3. Principal Act and citation as amended . (1) In this Act the WheatMarketing Act1979-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Wheat Marketing Act1979-1984. 4. Amendment of s. 17. Notification of offer to purchase wheat. Section 17 (7) of the Principal Act is amended by- (a) omitting the words "in a year" and substituting the words "during a period"; (b) omitting the word "year" where it secondly occurs and substituting the word "period". 5. Amendment of s. 24. Home consumption price of wheat . Section 24 of the Principal Act is amended by- (a) omitting subsections (1) and (2) and substituting the following subsections:- "(1) The price at which, during the relevant season, the Board shall, by a contract made in a State (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), during a quarter (in this subsection referred to as the "relevant quarter") the price per tonne of Australian standard white wheat in bulk sold free on rail at a port of export for human consumption in Australia is the amount determined by the Commonwealth Minister, or by a person authorized in writing by the Commonwealth Minister, by- (a) taking the amount per tonne of the average export price, f.o.b., quoted by the Board during the 20 business days immediately preceding- (i) the relevant quarter; and (ii) the quarter immediately preceding the relevant quarter, for Australian standard white wheat to be disposed of during the relevant quarter or the quarter immediately preceding the relevant quarter, as the

936 Wheat Marketing Act Amendment Act 1984, No. 85 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) estimated by the Commonwealth Minister under subsection (2A) as is applicable in relation to the relevant quarter. (2A) For the purposes of paragraph (2) (b), the Commonwealth Minister may, after consultation with the Board, estimate in relation to one or more quarters an 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 human consumption for export."; (b) in subsection (3)- (i) omitting the words "specified in, or ascertained under, subsection (2) in respect of a year" and substituting the words "determined under subsection (2) or (4)"; (ii) omitting the words "in that year" and substituting the words "during the relevant season"; (iii) after the words "shipment of wheat" inserting the words "(including overseas wheat)"; (c) in subsection (8), omitting the words "a season sold free on rail at a port of export before the final purchasing day for" and substituting the words "the relevant season sold free on rail at a port of export before the expiration of'; (d) in subsection (9), omitting the words "a season" and substituting the words "the relevant season"; (e) in subsection (10) (a), omitting the words "that season" and substituting the words "the relevant season"; (f) in subsection (11), omitting the words "a season" and substituting the words "the relevant season"; (g) omitting subsection (12) and substituting the following subsections:- "(12) Where a person other than the Board exports wheat products containing any wheat sold by the Board under this section during the relevant season, the Board shall, on application made to it by the person, refund to the person an amount equal to the aggregate of the amounts referred to in subsections (2A) and (3) that were applicable in relation to that wheat at the time when the wheat was sold by the Board. (13) An application under subsection (12) shall be in accordance with a form approved by the Board.

Wheat Marketing Act Amendment Act 1984, No. 85 937 (14) In this section- "associated farm" has the same meaning as in section 16; "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; "quarter" means a period of 3 months commencing on any 1 January, 1 April, 1 July or 1 October; "relevant season" means the period of 12 months commencing on 1 July 1984.".