Wheat Marketing Amendment Act 1997

Legislation au C2004A05288 In force Act

Legislation content

 

 

 

 

Wheat Marketing Amendment Act 1997

 

No. 194, 1997

 

 

 

 

 

 

 

 

 

 

 

Wheat Marketing Amendment Act 1997

 

No. 194, 1997

 

 

 

 

An Act to amend the Wheat Marketing Act 1989, and for other purposes

 

 

 

Contents

Part 1—Preliminary 1

1 Short title..................................1

2 Commencement..............................1

Part 2—Transitional provisions relating to the restructure of the Australian Wheat Board              3

Division 1—Introduction 3

3 Simplified outline.............................3

4 Definitions.................................3

5 Crown to be bound.............................5

6 External Territories............................5

7 Extra-territorial operation.........................5

Division 2—Board to facilitate transfer of functions to designated companies              6

8 Board to facilitate transfer of functions to designated companies..6

Division 3—Transfers from the Board to designated companies 7

Subdivision A—Transfers of assets, contracts and liabilities 7

9 Transfer of assets..............................7

10 Transfer of contractual rights and obligations.............8

11 Transfer of liabilities............................9

Subdivision B—Transfer of staff to nominated company A 9

12 Transfer of staff from the Board.....................9

13 Terms and conditions—transferred employees............10

14 Accrued benefits—transferred employees...............10

15 Continuity of service of transferred employees............11

16 Termination payments—transferred employees...........11

17 Variation of terms and conditions—transferred employees.....11

18 Mobility rights—transferred employees................11

Division 4—Exemption from stamp duty 12

19 Exemption from stamp duty.......................12

Division 5—Board to be treated as the agent of nominated company A or nominated company B in connection with pre-commencement transactions relating to new season wheat              13

20 Definitions.................................13

21 Pooling transactions...........................13

22 Borrowing transactions.........................14

23 Futures contracts, hedging contracts etc................15

24 Investments................................15

25 Expenses..................................16

26 Assumptions................................16

Division 6—FOI and privacy matters 17

27 Requests under the Freedom of Information Act 1982........17

28 Complaints and investigations under the Privacy Act 1988.....18

Division 7—Miscellaneous 20

29 Transfers of land may be registered..................20

30 This Part does not modify registers kept by land registration officials20

31 Legislative Instruments Act does not apply to this Part.......20

32 Transfer of pending proceedings....................21

33 Operation of this Part does not place a person in breach of contract etc.              21

34 Transfer of records............................21

35 Designated company not to be an agency of the Commonwealth etc.22

36 Compensation—constitutional safety‑net.........22

37 Delegation.................................23

38 Commonwealth records.........................23

39 This Part does not authorise the imposition of taxation.......23

40 Regulations................................24

Part 3—Amendments 25

41 Schedule(s)................................25

Schedule 1—Amendments 26

Part 1—Amendments commencing on Royal Assent 26

Primary Industries and Energy Research and Development Act 1989 26

Primary Industries Levies and Charges Collection Act 1991 26

Wheat Marketing Act 1989 26

Part 2—Amendments commencing on a day fixed by Proclamation 42

Wheat Marketing Act 1989 42

Part 3—Amendments commencing on 1 July 1999 62

Primary Industries and Energy Research and Development Act 1989 62

Primary Industries Levies and Charges Collection Act 1991

Overview

The Wheat Marketing Amendment Act 1997 was enacted by the Australian Parliament to amend the Wheat Marketing Act 1989, thereby facilitating the restructuring of the Australian Wheat Board (AWB). The Act aims to establish a new commercial structure for the AWB by creating designated companies to take over its commercial activities. It allows for the transfer of assets, contracts, and liabilities from the AWB to these designated companies and addresses the transition of staff, including their terms and conditions, accrued benefits, and continuity of service. The Act also covers the exemption from stamp duty for certain transfers and designates the AWB as the agent of nominated companies in connection with pre-commencement transactions related to new season wheat. Additionally, it addresses the handling of Freedom of Information requests and privacy complaints post-restructuring and provides for miscellaneous provisions such as the transfer of land and records, the status of designated companies, and compensation for constitutional acquisitions. The policy objective is to ensure a smooth transition and continuity of operations while re-structuring the AWB to enhance its commercial functions and efficiency.

Scope and Application

The Wheat Marketing Amendment Act 1997 amends the Wheat Marketing Act 1989 to facilitate the restructuring of the Australian Wheat Board (AWB) and the transfer of its functions to designated companies. The Act applies to the AWB, the designated companies, and related entities involved in the wheat industry, including those engaged in the marketing, trading, and pooling of wheat. It has a national jurisdictional reach, binding the Crown in right of the Commonwealth, each State, the Australian Capital Territory, the Northern Territory, and Norfolk Island, and extending to all external territories and acts or omissions outside Australia. The Act exempts certain transfers from stamp duty, mandates the AWB to act as the agent of designated companies for pre-commencement transactions related to new season wheat, and addresses Freedom of Information and privacy matters. Additionally, the Act includes provisions for the transfer of pending proceedings, records, and the continuity of service for employees transitioning to the designated companies. Exclusions and thresholds are specified for the transfer of assets, contracts, and liabilities, and the Act provides for the potential compensation under constitutional safety-net provisions if the operation of this Act results in the acquisition of property from a person otherwise than on just terms. The Act may be extended or restricted through subordinate instruments, such as regulations.

Key Provisions

  • The Wheat Marketing Amendment Act 1997 amends the Wheat Marketing Act 1989 to facilitate the restructuring of the Australian Wheat Board (AWB) and establish designated companies to take over its commercial activities. The main operative sections (sections 3 to 18) focus on the transfer of assets, contracts, liabilities, and staff from the AWB to designated companies, including nominated company A and its subsidiaries, nominated company B and nominated company C. These sections also outline the process for making declarations to effect these transfers and ensure continuity of service and terms for transferred employees. Section 19 provides an exemption from stamp duty on certain transfers.
  • The Act imposes obligations on the AWB to facilitate the transfer of functions to designated companies, including making necessary declarations and ensuring the continuity of service and terms for transferred employees. It also mandates the transfer of specific records to designated companies and the compliance with provisions regarding the transfer of land and pending proceedings. The Act further imposes restrictions on the activities of designated companies, such as prohibiting certain actions without Ministerial approval, and mandates the approval of directors and alterations to company constitutions.
  • Offences and penalties under this Act primarily involve breaches of the restrictions on designated company activities, which may result in civil or criminal consequences. For example, engaging in unauthorised activities can lead to fines or imprisonment, depending on the severity of the breach. The maximum penalties are not explicitly stated in the Act but would generally follow the guidelines set by relevant legislation for similar offences.
  • Overall, the Wheat Marketing Amendment Act 1997 provides a structured framework for the restructuring of the AWB, ensuring a smooth transition of its commercial activities to designated companies while safeguarding the interests of employees and stakeholders.

Legal classification tags

Area of Law
Commercial Law
Corporate Law & Governance
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Delegation
Enforcement Powers
Regulatory Standards
Civil Penalty Provisions

Continue reading Wheat Marketing Amendment Act 1997

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.