Wheat Marketing (Amendment) Act 1984 (NSW)

WHEAT MARKETING (AMENDMENT) ACT, 1984, No. I l l

ISaalesi

ANNO TRICESIMO TERTIO

ELIZABETH^E H REGIN^E

Act No. I l l , 1984.

An Act to amend the Wheat Marketing Act. 1979, in relation to the price for wheat sold for use or consumption in Australia, and for other purposes. [Assented to, 26th September, 1984.]

2  Act No. I l l

Wheat Markcfinf; {Aim'ndmaU) 19X4

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

Short title.

I.          This Aet may he cited as the "Wheat Marketing (Amendnienf) Act,

19X4".

Cnntinenceiiu’iit.

2. (1) Scctmns 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection ( I ), this Act shall commence,

or shall be deemed to have commenced, as the ease may require, on 1st

October, 19X4.

Amendment of Act No. 202, 1979.

3.     The Wheat Marketing Act, 1979, is amended in the manner set forth

in Schedule 1.

SCHEDULE 1

(See. 3.)

AMt:Ni>Mi-:Ni s i tt I Hit WmtA t M akki-i i ino Ac i , 1979,

( 1 ) Section 14 ( 7 ) - -

Omit the subsection.

Wheat Marketin}; { Amentiment) 19X4

SC HEDULE I —coiitintietl.

A m i :ni )Mi N is i n iHi: Wmn\ i M arki tinci At i , 1979—raiuiiiiHaL

( 2 ) Section 17a ( 5 ) ■—

tlie subsection, insert instead: —

(S) The Board may tleduct the whole tir a part of an amount payable (including an amount that became payable before the commencement of this subsection) by a person to the Board under subsection (4) from an amount payable by the Board to the person under section 17 or under the corresponding provision of the C'ommonwcalth Acl or a .State Act.

( 3 ■ ) (a ) Section 2! ( 1 ) - ( 3 1 —

Omit the subsections, insert instead: —

( i ) The price at which the Board shall, by a ettmract made in the State (other than a contract entered into under section 14), 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 sub­ section referred to as the “relevant quarter") the price per tonne for Australian standard white wheat in bulk sold free on rail at a port of export for human consumption in Australia is the price determined by the Commonwealth Minister, or by a person authorised in writing by the Commonwealth Minister, by—

(a) taking the average amount jier tonne of the export ]irice, r.o.ii., quoted by the Board on each of the 20 business days immediately preceding the 16th day of the month immediately preceding—

(i) the relevani quarter; and

|ii) the quarter iinmetliately [irecetling the relevant

quarter.

4  Act No. I l l

Wheat Marketing {Amendment) 1984

SCHEDULE I —continued.

A mendments to the Wheat M arketinc; Act , 1979—continued.

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 Commonwealth Minister after consultation with the Minister and the Board in relation to the relevant quarter, to be 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 t\)r export.

(3) There shall be added to a price determined under sub­

section (2) or (4) such amount as the Commonwealth Minister, after consultation with the Minister and the Board, considers to be necessary to be included in the price of all wheat sold by the Board for use or consumption in Australia for the purpose of enabling the Board to meet the costs of shipment of wheat (including overseas wheat) by the Board to a port in Tasmania,

(b) Section 21 (4 )—-

Omit “subsection (5)"'. insert instead “subsections (3) and

(5 )”

(c) Section 21 (8 )- ■

Omit “a season st)ld free on rail at a port of export before the final purchasing day for", insert instead “the relevant season sold free on rail at a port of export before the expiration of”.

W heat Murketini; {Amendment) 19X4

SCHEDULE 1—continued.

A mi -ndmi -.n IS TO i HH Wni A i Marki i ino A c 1, 1979— continued.

(d ) Section 21 ( X )—

Omit “under seetion 16(1

(e ) Seetion 21 ( 9). { 11 )—

Omit “a season” wherever occurring, insert instead “the relevant season’.

(f) Section 21 (10) (a) -

Omit "that season", insert instead "the relevant season".

(g) Section 21 (12) -(1 4 t—

Omit section 21 (12), insert instead;—

(12 ) Where a person other than the Board exports wheat products containing any wheat sold by the Board on or after 1st October, 19X4, being a sale of wheat to which this section applies, 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 (2) (b) and (.'ll that were applicable in relation to that wheat at the time when that wheat was sold by the Board.

(13) An application under subsection (12) shall be in accordance with a form approved by the Board.

(14) In this section ~

“associated farm" has the same meaning as in section 13;

“business day" means a day other than—

(a ) a .Saturday ;

(b) a Sunday; or

6  Act No. I l l

Wheal Marketing (Amendment) 1984

SCHEDULE \— continued.

A mhndmhnts to I hi-; Whka i Markf.tinc A ct , 1979—continued.

(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

1st January, 1st April, 1st July or 1st October;

“relevant season” means the period of 12 months commencing on 1st July, 1984,

(4) Schedule 1 —

Omit the Schedule.