Wheat Quotas Act 1969 (NSW)

WHEAT QUOTAS ACT.

ANNO OCTAVO DECIMO

ELIZABETHiE II REGINA

Act No. 53, 1969.

An Act to provide for the allocation of quotas in respect of wheat of the 1969-1970 season in respect of which payment will be made by the Australian Wheat Board in accordance with the Wheat Industry Stabilization Act, 1968; to amend that Act and certain other Acts; and for purposes connected therewith. [Assented to, 13th October, 1969.]

Wheat Quotas.

^ and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

O E it enacted by the Queen’s Most Excellent Majesty, by No. 53, 1969 follows : —

PART I.

P r e l i m i n a r y .

1. (1) This Act may be cited as the “Wheat Quotas Act, short title

and com

1969 mencement.

(2)	This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette.

This Act is divided as follows : —

Division

of Act.

PART I.— Preliminary—ss. 1-3.

PART II.— Modification of Wheat Industry

Stabilization Act, 1968— s. 4.

PART III.— Basic Quotas— ss. 5-10.

D iv is io n 1.—Categories of Wheatgrowers—s. 5.

D i v i s i o n 2.— Calculation and Allocation

of Basic

Quotas— ss.

6-10.

PART IV.— Wheat Quota Review Committee— ss.

11-17.

PART V.— Review of Basic Quotas by Committee

— ss.

18-26.

PART

VI.— S h a r e f a r m e r s — s .

27.

PART VII.—Northern Prime Hard Quotas— ss.

28-32.

PART

VIII.— M i s c e l l a n e o u s —ss.

33-48.

SCHEDULE.

Wheat Quotas.

No. 53, 1969

3 .

( 1 ) In this Act, except in so far as the context or

intei^a-	subject-matter otherwise indicates or requires—
tion.

“basic quota” means a basic quota allocated under this

Act;

“Committee” means the Wheat Quota Review Com

mittee constituted under section eleven of this A ct;

“northern prime hard quota” means a northern prime hard quota allocated under this Act;

“owner”, in relation to land, includes—

(a)	every person who, whether at law or in equity—

(i) is entitled to the land for any estate of freehold in possession;

(ii) is a person to whom the Crown has lawfully contracted to grant the fee- simple under the Crown Lands Acts or any other Act relating to the alienation of lands of the Crown;

(iii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise;

(b)	the lessee from any owner as defined in paragraph (a) of this definition; and
(c)	a licensee, other than a sharefarmer, under a licence granted by an owner as defined in paragraph (a) or (b) of this definition under which the licensee is entitled to grow wheat on that owner’s land.

but

Wheat Quotas.

but where two or more persons are the owners of No. 53, 1969

any land and are owners—

(d)	as defined in paragraph (a) of this defini tion, of that land and are joint tenants or tenants in common of that land;
(e)	as defined in paragraph (b) of this defini tion, of that land and are joint lessees of that land; or
(f)	as defined in paragraph (c) of this defini tion. of that land and are joint licensees of that land,

those persons shall, for the purposes of this Act,

be regarded as only one owner;

“quota statutory declaration” means a statutory declara tion submitted by a person to the Grain Elevators Board before or after the commencement of this Act in respect of the 1969-1970 season, pursuant to a scheme referred to in section 12a of the Grain Elevators Act, 1954, giving particulars of the quantity of wheat (if any) delivered to the Board in any of the relevant seasons and of the acreage of wheat sown for harvesting in the 1969-1970 season ;

“relevant seasons” means each of the seasons commenc ing on the first day of October, one thousand nine hundred and sixty-four, one thousand nine hundred and sixty-five, one thousand nine hundred and sixty-six, one thousand nine hundred and sixty-seven and one thousand nine hundred and sixty-eight;

“sharefarmer” means a person who has entered into an agreement with the owner of any land in New South Wales or the Australian Capital Territory whereby—

(a)	that owner grants a licence to that person to use and occupy the whole or any part of

the

Wheat Quotas.

No. 53, 1969

the land for agricultural or pastoral pur poses or partly for agricultural and partly

j	for pastoral purposes;

(b)	that person undertakes to provide labour either with or without materials or stock

,	for the working of the land to which the
.	agreement relates; and

(c)	the owner and that person agree that the produce of the land to which the agreement

,	relates, derived during the currency of the agreement, or the proceeds of the sale of that produce, shall be divided between the parties in specified proportions or shares,

where that person has, pursuant to that agreement, before the thirty-first day of August, one thousand nine hundred and sixty-nine, sown wheat for har vesting in the 1969-1970 season on the land to which the agreement relates;

“sharefarming agreement” means an agreement of the nature referred to in the definition of “sharefarmer” in this subsection made between a sharefarmer and the owner of any land to whom a basic quota is allocated;

“the 1969-1970 season” means the season commencing on the first day of October, one thousand nine hundred and sixty-nine;

“wheatgrower” means an owner of land in New South Wales or the Australian Capital Territory on which wheat has, before the thirty-first day of August, one thousand nine hundred and sixty-nine, been sown for harvesting in the 1969-1970 season.

(2)	This Act shall be read and construed with and as

part of the Wheat Industry Stabilization Act, 1968.

PART

Wheat Quotas.

PART II.

No. 53, 1969

M o d if ic a t io n	o f	W h e a t	I n d u s t r y	S t a b il iz a t io n	A c t ,
1968.

4. (1) In relation to the 1969-1970 season, section Modmca- fourteen of the Wheat Industry Stabilization Act, 1968, has operation effect as if references in that section to wheat or wheat of a

season were references to wheat included in the pool for that stabiiiza-

season in accordance with this section.

(2) The pool for the 1969-1970 season consists of the following wheat delivered to the Board (whether in pursuance of the Wheat Industry Stabilization Act, 1968, or of a law of another State or of the Commonwealth) : —

(a)	wheat of the 1969-1970 season delivered during that season and appearing from the records of the Board to be the whole or a part of a quota that is applicable in relation to a person in respect of that season under this Act or a law of another State providing for the fixing of wheat quotas; and
(b)	any other wheat, being wheat of the 1969-1970 season, that is delivered during that season and declared by the Board to have been sold by the Board, and paid for in full, during that season.

(3) The Board may attribute sales of wheat referred to in a declaration under paragraph (b) of subsection two of this section, being wheat of a particular kind, to all or any of the wheat of that particular kind delivered by particular persons in such manner as the Board considers equitable.

PART m .

B a s ic

Q u o t a s .

D iv is io n 1.— Categories of Wheatgrowers.

5. (1) For the purposes of determining the entitlement categories

of any wheatgrower to a basic quota under this Part there	wheat-
shall be three categories of wheatgrowers, in this Act referred

Wheat Quotas.

No. 53, 1969 to as group I wheatgrowers, group II wheatgrowers and group

in wheatgrowers.

(2) A group I wheatgrower shall be a wheatgrower who, in his quota statutory declaration, declared that wheat was delivered from his property to the Board in at least four of the five relevant seasons or in each of the seasons that com menced on the first day of October, one thousand nine hundred and sixty-four, one thousand nine hundred and sixty- six and one thousand nine hundred and sixty-eight.

(3) A group n wheatgrower shall be a wheatgrower (not being a group I wheatgrower) who, in his quota statu tory declaration, declared that wheat was delivered from his property to the Board in the season that commenced on the first day of October, one thousand nine hundred and sixty- eight.

(4) A group n i wheatgrower shall be a wheatgrower (not being a group I or group II wheatgrower) who, in his quota statutory declaration—

(a)	did not indicate that wheat was delivered from his property to the Board in any of the relevant seasons but indicated that he had sown wheat for harvest ing in the 1969-1970 season; or
(b)	declared that wheat was delivered from his pro perty to the Board in any of the relevant seasons (not being the season that commenced on the first day of October, one thousand nine hundred and sixty-eight).

D iv is io n 2 .— Calculation and Allocation of Basic Quotas.

Calculation	6.	(1) The Grain Elevators Board shall allocate to each
of basic

quotas.

group I wheatgrower a basic quota equal to—

(a)	eighty-five per centum of the quantity calculated by dividing by five the total quantity of wheat, in bushels, declared by him in his quota statutory declaration to have been delivered from his pro perty to the Board in the relevant seasons; or

(b)

Wheat Quotas.

(b)

fifty per centum of the total quantity of wheat, in No. 53, 1969 declaration to have been delivered from his pro perty to the Board in the season that commenced on the first day of October, one thousand nine hundred and sixty-eight,

whichever is the greater.

(2) The Grain Elevators Board shall allocate to each group II wheatgrower a basic quota equal to fifty per centum of the quantity of wheat, in bushels, declared by him in his quota statutory declaration to have been delivered from his property to the Board in the season that commenced on the first day of October, one thousand nine hundred and sixty- eight.

(3) The Grain Elevators Board shall allocate to each group III wheatgrower a basic quota equal to eight bushels for each acre indicated in his quota statutory declaration as having been sown with wheat for harvesting in the 1969 1970 season.

(4) Where the Grain Elevators Board has, before the commencement of this Act, allocated or purported to allocate a basic quota to any person, that basic quota shall be deemed to have been allocated to that person under this section.

(5) The Grain Elevators Board shall—

(a)	as soon as practicable after the commencement of this Act, notify each person to whom a basic quota has been allocated of his basic quota, unless he has, before the commencement of this Act, been notified of a basic quota allocated or purporting to have been allocated to him by the Grain Elevators Board; and
(b)	as soon as practicable forward to each person to whom a basic quota has been allocated a book, in this Act referred to as a quota authority, in which shall be specified that person’s basic quota.

Wheat Quotas.

No. 53, 1969

7. (1) A wheatgrower who has not, before the

Wheat-	commencement of this Act, submitted a quota statutory
growers	declaration to the Grain Elevators Board, may, after that
who have
not sub	commencement, apply to that Board for a basic quota.

mitted quota statutory	(2)	An application under this section shall be accom
declaration

before com	panied by a quota statutory declaration completed by the
mencement
of this Act	applicant.
may apply for basic quota.

Grain	8. (1) The Grain Elevators Board may, by notice in
Elevators

Board may	writing served on any person who has submitted to the Board
require	a quota statutory declaration, require him to furnish, within
additional
informa	such period as may be specified in the notice, such informa
tion from	tion as it thinks fit, and may itself make or cause to be made
certain
wheat-	such inquiries as it thinks fit, for the purpose of determining
growers.	to which category, if any, referred to in section five of this Act that person belongs or ascertaining whether the informa tion contained in his quota statutory declaration is correct.
(2) The Grain Elevators Board may require any such information to be verified by statutory declaration.
(3) The Grain Elevators Board may require a person to furnish information under this section whether or not he has been allocated a basic quota and may, where it has not allocated a basic quota to that person, delay doing so until the information has been furnished in accordance with the notice served on him.

9. Where the Grain Elevators Board is satisfied—

Grain

Elevators

Board may	(a) that a person to whom a basic quota has been
review

incorrect	allocated—
basic

quotas-

(i) was not entitled to be allocated a basic

quota; or

(ii)

Wheat Quotas.

(ii)

has furnished to that Board false or mislead- No. 53, 1969 tion furnished by him to that Board;

(b)	that the basic quota allocated to any person was calculated incorrectly;
(c)	that a person to whom a basic quota has been allo cated has, under a law of another State, been allocated a quota of a kind that in the opinion of the Grain Elevators Board is equivalent to a basic quota; or
(d)	that basic quotas have been allocated to two or more persons and that those basic quotas have been calculated by reference, wholly or in part, to the same wheat delivered to the Board in any of the relevant seasons or sown for harvesting in the 1969-1970 season,

that Board may cancel that person’s basic quota and if it thinks fit allocate to him another basic quota for such quantity of wheat as it thinks fit.

10. (1) A basic quota shall not be allocated under this Basic

Part to---	quotas not
to be

(a)	the 1969-1970 season on land situated wholly or persons,

a person in respect of wheat sown for harvesting in force under section four of the Border Railways (Grain Elevators) Amendment Act, 1957;

(b)	a person in respect of wheat sown for harvesting in the 1969-1970 season on land situated wholly or partly in the Oaklands A rea; or
(c)	a person who has entered into an agreement under section 22a of the Grain Elevators Act, 1958, as subsequently amended, of the State of Victoria for the delivery of wheat of the 1969-1970 season grown on land to which the agreement relates to the Grain Elevators Board constituted under that Act, as so amended.

(2)

Wheat Quotas.

No. 53,1969

(2) In this section “Oaklands Area” means the area edged with black hatching on the map entitled “Oaklands Area—Wheat Quotas Act, 1969” lodged with the Chairman of the Grain Elevators Board.

PART IV.

W h e a t

Q u o t a R e v i e w

C o m m i t t e e .

Wheat	11. (1) There shall be constituted a committee, to be and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act.
Quota
Review	called the Wheat Quota Review Committee, which shall have
Committee.
(2) The Committee shall consist of five members appointed by the Minister of whom—

(a)	one shall be appointed as chairman of the Com mittee;
(b)	two shall be persons nominated by the United Farmers and Woolgrowers Association of New South Wales; and
(c)	two shall be persons nominated by the Graziers Association of New South Wales.

(3) On the occurrence of a casual vacancy in the office of a member of the Committee, the Minister may appoint a person to act in the place of the member who vacated that office.

(4)	An appointment to fill a vacant office of a

member of the Committee referred to in paragraph (b) or (c) of subsection two of this section shall be made on the same nomination as that on which the appointment of that member was made.

(5 )

Wheat Quotas.

(5) Each member of the Committee shall receive No. 53, 196»

such remuneration and allowances as the Minister may from

time to time determine in respect of that member.

(6) A member of the Committee shall be deemed to have vacated his office and there is a casual vacancy in his office—

(a) if he dies;

(b)

if he becomes bankrupt, compounds with his credi tors, or makes any assignment of his salary, remuneration, allowances or estate for their benefit;

(c)

if he is absent without leave of the Minister from four consecutive meetings of the Committee;

(d)

if he becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958;

(e)

if he is convicted in New South Wales of a felony or of a misdemeanour punishable by imprisonment for twelve months or upwards, or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be a felony or a misdemeanour so punishable; or

(f)

if he resigns his office by writing under his hand addressed to the Minister.

(7)	Upon a day to be appointed by the Governor

and notified by proclamation published in the Gazette, the members of the Committee shall cease to hold office and the Committee shall be dissolved.

12. (1) The Committee may do all acts necessary for Powers,

or incidental to the carrying out of its powers, authorities,

duties and functions under this Act.

mittee.

(2)	In determining any application made to it the

Committee shall have regard to such information as it con siders relevant and may refuse to deal with the application

unless

Wheat Quotas.

No. 53, 1969 unless the applicant furnishes to the Committee further

information required by the Committee, verified by a statutory

declaration if so required.

Member

13.

(1) No member of the Committee shall at any time any matter affecting the allocation of a basic quota in respect of wheat in which he has a direct pecuniary interest, and if he does so vote, his vote shall not be counted.

not to act

when in	exercise his vote at a meeting of the Committee in respect of
terested.

(2)	A member holding any such interest shall

divulge it to the Committee and leave the meeting during the

discussion relating to any such matter.

Pro-

14.

( 1 )

The procedure for the calling of meetings of the

meê tingf*	Committee and for the conduct of business at those meetings
of the	shall, subject to the regulations (if any) made under this Act,

m?tte'e.

determined by the Committee.

(2) The chairman, or in the absence of the chair man, a member chosen by the members present at the meeting to act as chairman shall preside at any meeting of the Committee.

(3) Three members of the Committee shall form a quorum and any duly convened meeting of the Committee at which a quorum is present shall be competent to transact any business of the Committee and shall have and may exer cise and discharge all the powers, authorities, duties and functions of the Committee.

(4) A decision of a majority of the members present at a meeting of the Committee shall be the decision of the Committee.

Use of	15.	The Committee may, with the approval of the
services of

officers,	Minister of the Department concerned, make use of the
etc.	services of any officer or employee of the Public Service or, with the approval of the Grain Elevators Board, make use of the services of any employee of that Board.

7«9

Wheat Quotas.

16. The remuneration and allowances payable to the No. 53, 1969

members of the Committee under this Act shall be paid by

the Grain Elevators Board out of the funds of that Board,

tion and

allowances

of Com

mittee to

be paid by

Grain

Elevators

Board.

17. (1) A member of the Committee or a person referred offences

to in section fifteen of this Act shall not, without lawful

authority, demand or receive from any person any payment, commit-

gratuity or present in consideration of doing or omitting to

do any act or thing pertaining to his office or employment

for the purposes of this Act.

(2) A person shall not, without lawful authority, offer, make or give to a member of the Committee or a person referred to in section fifteen of this Act any payment, gratuitv or present in consideration that the member or person will do or omit to do some act or thing pertaining to his office or employment.

Penalty : Four hundred dollars or imprisonment for two years or both.

PART V.

R e v i e w

o f

B a s ic

Q u o t a s

b y

C o m m i t t e e .

18. (1) Subject to this section, a person who—

(a)

has been allocated a basic quota under Part III of

this Act j and

growers

may apply

(b)

for review

̂	of basic
'	quotas.

Wheat Quotas.

No. 53,1969

(b) sowed wheat before the first day of October, one

----	thousand nine hundred and sixty-eight for harvest ing in the season which commenced on that date (in this section referred to as the last season) for delivery to the Board pursuant to the Wheat Industry Stabilization Act, 1968,

may apply to the (Committee for a review of his basic quota.

(2)	The grounds upon which such an application

may be made shall be that the production, harvesting or

delivery of that wheat in the last season was affected by—

(a) hail or fire;

(b) localised adverse seasonal conditions; or

(c)	the absence during the last season or during the period in which that wheat was sown of the person to whom the basic quota was allocated or of his son or of any sharefarmer or of the son of any sharefarmer due to his or their being engaged on service—

(i) in the Regular Army Supplement rendered under the National Service Act 1951, as subsequently amended, of the Common wealth; or

(ii) as an officer in the Regular Army Supple ment in pursuance of an appointment referred to in subsection one or two of section twenty-eight of that Act, as so amended.

Late	19. Any person who—
deliveries

of wheat—

(a) is a group I or group II wheatgrower;

ground for

review of

(b) has been allocated a basic quota; and

basic quota.

(c)	delivered or proposes to deliver wheat to the Board pursuant to the Wheat Industry Stabilization Act, 1968, after his quota statutory declaration was submitted to the Grain Elevators Board,

may apply to the Committee for a review of his basic quota.

Wheat Quotas.

20.

Any person who—

No. 53, 1969

(a) is a group I or group II wheatgrower;	Wheat sold
as seed

(b)

has submitted his quota statutory declaration to the Grain Elevators Board before the commencement review of

of this Act;

basic quota.

(c)

sold and delivered wheat as seed wheat with the consent in writing of the Board in the season commencing on the first day of October, one thou sand nine hundred and sixty-eight; and

(d)

did not include the quantity of wheat so sold and delivered in his quota statutory declaration,

may apply to the Committee for a review of his basic quota.

21.

(1) An application under this Part shall—

Applica

tions under

(a) be in a form approved by the Minister;	this Part.
(b) be accompanied by an amount of ten dollars; and

(c)	be accompanied by such evidence as is specified in the form as being required.

(2) Where the Committee, having regard to all the circumstances, is of the opinion that any application under this Part is frivolous or vexatious or ought not to have been made it may determine that the amount of ten dollars lodged with that application be forfeited.

(3) Any amount so forfeited shall be paid by the Committee to, and be the property of, the Grain Elevators Board.

(4)	Where any such amount is not so forfeited it

shall be returned to the applicant after his application has

been dealt with by the Committee.

Wheat Quotas.

No. 53,1969	22. No person making an application under this Part and
N ori^of	person representing or purporting to represent the appli-

personal	cant shall be	entitled to appear personally before the
appearance
before	Committee.
Committee.

Time	23.	(1) An application under this Part shall be lodged
within

which an	with the Committee within the period specified in this section.
application
fora
review	(2) Where the basic quota was allocated before the- (3) Where the basic quota is allocated after the commencement of this Act, the application shall be lodged with the Committee within a period of twenty-eight days after the date of the notification referred to in paragraph (a) of subsection five of section six of this Act.
of a basic
quota may	commencement of this Act, the application shall be lodged
be lodged.	with the Committee within a period of twenty-eight days after that commencement.
(4) Any application for a review of a basic quota lodged with the Committee after the period referred to in sub section two or subsection three of this section, whichever is applicable, shall be rejected by the Committee unless the appli cant satisfies the Committee that the late lodgment of his application was due to circumstances beyond his control.

Matters	24. (1) In determining any application under section
which

shall be	eighteen of this Act, the Committee shall have regard to—
taken into

account	(a) the area of land sown or claimed to have been sown
by Com

mittee in	with the wheat referred to in paragraph (b) of
reviewing	subsection one of that section; and
basic

quotas.

(b)

the amount of wheat which could reasonably have been expected to have been produced on the land so sown or delivered from that land had the produc tion, harvesting or delivery of that wheat in the season referred to in that section not been affected by any of the factors specified in subsection twô ' of that section.

(2 )

Wheat Quotas.

(2) In determining any application under section No. 53, 1969

nineteen of this Act, the Committee shall have regard to the amount of wheat delivered or proposed to be delivered to the Board as referred to in paragraph (c) of that section.

(3) In determining any application under section twenty of this Act, the Committee shall have regard to the amount of wheat sold and delivered as seed wheat as referred to in paragraph (c) of that section.

25. (1) Where the Committee determines that an appli- Grain

cant under this Part is entitled to an increase in his basic

quota it shall notify the Grain Elevators Board of the amount issue new

of that increase and the Grain Elevators Board shall increase

the basic quota allocated by that Board to the applicant in Committee,

accordance with the determination of the Committee.

(2) Where the Committee determines that an appli cant under this Part is not entitled to an increase in his basic quota it shall notify the applicant of its determination.

26. The Committee shall not determine increases in basic Total in-

ciuotas under this Part so that the total of all such increases creases in

h f l S i c

exceeds the quantity specified in a notice that may from time quotas not

to time be given to the Committee by the Minister.

quanthŷ

notified by

Minister.

PART VI.

S h a r e f a r m e r s .

27. (1) Where—

Share-

farmers.

(a)	the notification of the allocation of a basic quota to any person (in this section referred to as the allottee) has been forwarded to that person before

Wheat Quotas.

No. 53, 1969

the commencement of this Act, the Grain Elevators Board shall, as soon as practicable after that com mencement, if it has not done so before that commencement, forward to that person a notice; or

(b)	the notification of the allocation of a basic quota to any person (in this section referred to as the allottee) is forwarded to that person after the commencement of this Act, the Grain Elevators Board shall forward to that person with the notifica tion a notice,

requiring the allottee to inform that Board, on a form provided by it, whether or not the allottee and any other persons are parties to a sharefarming agreement relating to the division of wheat, or of the proceeds of the sale of wheat, produced in the 1969-1970 season on the property of the allottee specified in his quota statutory declaration and if so—

(d)	the area sown with wheat in the 1969-1970 season pursuant to each sharefarming agreement and otherwise than pursuant to sharefarming agree ments ;
(e)	the proportion of the wheat produced from that area or of the proceeds of that wheat to which the owner and each sharefarmer is entitled under each such sharefarming agreement; and
(f)	the proportion of the basic quota that it is proposed should be allocated to the allottee and to each sharefarmer severally and to the allottee and each sharefarmer jointly,

and requiring the allottee and each sharefarmer, if they have agreed to the proportions of the basic quota that it is proposed should be allocated to each of them severally and to them jointly, to indicate that agreement by signing his name opposite the proportion proposed to be allocated to him and to him jointly on the form providing the information.

Wheat Quotas.

(2) Where a person has furnished to the Grain No. 53, 1969

Elevators Board information in accordance with subsection one of this section, and the allottee and any sharefarmers specified in the information have agreed to the apportionment of the basic quota as referred to in that subsection, the Grain Elevators Board shall cancel the basic quota allocated to that person and allocate to the allottee and to the sharefarmers severally and to the allottee and the sharefarmers jointly such proportions of that basic quota as has been so agreed upon.

(3) Where a person, whether or not he is the allottee, has furnished to the Grain Elevators Board informa tion referred to in subsection one of this section and the allottee and the sharefarmers specified in the information have not agreed to the apportionment of the basic quota as referred to in that subsection, the Grain Elevators Board shall cancel the basic quota allocated to the allottee and allocate to the allottee such proportion of that basic quota as that Board determines as being applicable to the allottee, other wise than by reason of his interest in a sharefarming agreement and—

(a)	where any such sharefarming agreement provides for the division of the produce of the land to which the agreement relates between the parties, allocate to the allottee and to the sharefarmer severally such proportions of that basic quota as that Board determines; or
(b)	where any such sharefarming agreement provides for the division of the proceeds of the sale of the produce of the land to which the agreement relates between the parties, allocate to the allottee and to the sharefarmer jointly such proportion of that basic quota as that Board determines.

(4)	Where the Grain Elevators Board allocates

proportions of a basic quota in accordance with this section—

(a)	each such proportion shall be deemed to be a basic quota; and

(b )

Wheat Quotas,

No. 53,1 9 6 9

(b)

the Grain Elevators Board shall as soon as practic able forward to the person or persons to whom such a basic quota has been allocated a book, in this Act referred to as a quota authority, in which shall be specified that person’s basic quota.

(5) Any information provided for the purposes of this section shall be verified by statutory declaration.

(6) A basic quota that has been cancelled or allocated under this section shall not be reviewable by the Committee under Part V of this Act.

(7) Any notice of the nature referred to in sub section one of this section that was forwarded to any person by the Grain Elevators Board before the commencement of this Act shall be deemed to be a notice forwarded under that subsection and any information furnished to that Board pursuant to any such notice may be acted upon by that Board as if it were information furnished to that Board pursuant to a notice forwarded under that subsection.

PART VII.

N o r t h e r n

P r im e

H a r d

Q u o t a s .

28. In this Part, “northern prime hard wheat” means

Interpre

tation.

wheat—

(a)	that complies with the standard for fair average quality wheat determined by the Board for the 1969-1970 season;

(b) that is one of the following varieties :—

Timgalen, Mendos, Gamut, Spica, Windebri,

Winglen or Gala; and

(c)	that contains a minimum protein content of at least thirteen per centum by weight at natural moisture.

Wheat Quotas.

29.

(1) W h e r ^

No. 53, 1969

(a)	a person has been allocated a basic quota;	holders may
Basic quota
(b)	he has delivered to the Board wheat of the 1969

1970 season of a quantity not less than his basic prime hard

quota;

quotas.

(c)	any part of that wheat has been so delivered and accepted at any of the elevators or works of the Grain Elevators Board situated at any of the places specified in the Schedule to this Act; and
(d)	he has in his possession northern prime hard wheat of the 1969-1970 season,

he may, on or before a date to be notified by the Minister in the Gazette, make application on a form provided by the Grain Elevators Board for a northern prime hard quota.

(2) Any such application shall be in the form of a

statutory declaration.

30. (1) As soon as practicable after the date notified Method of

under subsection one of section twenty-nine of this Act, the of nonhern Grain Elevators Board shall allocate to each person who has prime hard applied for a northern prime hard quota in accordance with

the provisions of that section, a northern prime hard quota

calculated as follows—

a = 7,000.000

X c

where—

a = the quantity (in bushels) of northern prime hard wheat which is the northern prime hard quota of that person;

b = the total quantity (in bushels) of northern prime hard wheat available for delivery as calculated by the Grain Elevators Board having regard to the information contained in all of the applications made under section twenty-nine of this Act; and

Wheat Quotas.

No. 53,1969

c = the quantity (in bushels) of northern prime hard wheat specified in that person’s application under section twenty-nine of this Act as being in his possession.

(2) The Grain Elevators Board shall, as soon as practicable after allocating a northern prime hard quota to any person, notify him of the allocation and, on lodgment of that person’s quota authority with the Board, specify in the quota authority the quantity of northern prime hard wheat in respect of which that person has been allocated a northern prime hard quota.

Cancella	31.	(1) Where a person to whom a northern prime hard
tion or

reduction	quota has been allocated ascertains that he is or will be unable
of northern	for any reason to deliver to the Board northern prime hard
prime hard
quotas	wheat, as or as part of his northern prime hard quota, in a
where	quantity at least equal to his northern prime hard quota, he
northern
prime hard	shall forthwith notify the Grain Elevators Board of that fact
wheat can	indicating, as far as is practicable, the deficiency in the
not be
delivered.	quantity that he is or will be unable so to deliver.
(2) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a northern prime hard quota has been allocated will be unable to deliver to the Board any northern prime hard wheat as or as part of his northern prime hard quota, the Grain Elevators Board shall cancel that person’s northern prime hard quota.
(3) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a northern prime hard quota has been allocated will be able to deliver to the Board northern prime hard wheat as part of his northern prime hard quota but in a quantity less than that quota, the Grain Elevators Board shall reduce that person’s northern prime hard quota to that quantity.

Wheat Quotas.

32. (1) Where the Grain Elevators Board is of the No. 53, 1969

opinion that the quantity of northern prime hard wheat which Allocation

may be delivered pursuant to all northern prime hard wheat of short

quotas will be less than seven million bushels (which defici- northern

ency is in this section referred to as the short fall) that Board prime hard

shall from time to time advise the Minister of the quantity

of northern prime hard wheat which is likely to be the short

fall.

(2) The Grain Elevators Board shall allocate the short fall by increasing such classes of northern prime hard quotas as the Minister may determine in such manner as he may determine.

PART VIII.

M i s c e l l a n e o u s .

33. (1) Where a person has been allocated a basic Transfer

quota or a northern prime hard quota, the Grain Elevators	quotas.
Board may on the application of that person or his personal representative cancel that person’s basic quota or northern prime hard quota and allocate it to such person, or allocate it in such proportions to such persons, as is or are specified in the application.
(2) Where a basic quota or a northern prime hard quota is re-allocated pursuant to subsection one of this section and the person to whom that quota was originally allocated had a right to apply for a review of that quota by the Com mittee, that right may be exercised by the person or persons to whom that quota was re-allocated as if the grounds for applying for the review applicable to that firstmentioned person applied to that lastmentioned person or those last- mentioned persons.

Wheat Quotas.

No. 53,1969

34.

(1) The Minister may by notice published in the

Minister	Gazette—
may fix

closing

(a) fix a day as the last day for applications to be made

dates for

to the Grain Elevators Board for basic quotas; and

applica tions to Grain

(b) fix a day as the last day for applications to be made

Elevators	to the Grain Elevators Board for northern prime
Board or
Committee.	hard quotas.

(2) Except in such circumstances as the Minister thinks fit and, notwithstanding any other provision of this Act, the Grain Elevators Board or the Committee shall not receive any applications for basic quotas or northern prime hard quotas after the appropriate day fixed under subsection one of this section.

Cancella	35.	(1) Where a person to whom a basic quota has been
tion or

reduction of	allocated ascertains that he is or will be unable for any reason
basic quotas	to deliver to the Board wheat, as or as part of his basic quota,
where wheat
cannot be	in a quantity at least equal to his basic quota, he shall forth
delivered
as part o f	with notify the Grain Elevators Board of that fact indicating,
basic quota.	as far as is practicable, the deficiency in the quantity that he is or will be unable so to deliver.
(2) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a basic quota has been allocated will be unable to deliver to the Board any wheat as or as part of his basic quota, the Grain Elevators Board shall cancel that person’s basic quota.
(3) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a basic quota has been allocated will be able to deliver to the Board wheat as part of his basic quota but in a quantity less than that quota, the Grain Elevators Board shall reduce that person’s basic quota to that quantity.

Alloca	36. (1) Where the Grain Elevators Board is of the
tion of

short fall	opinion that the quantity of wheat which may be delivered
of wheat	pursuant to all basic quotas will be less than one hundred
under basic

quotas.

and

Wheat Quotas.

and twenty-three million bushels (which deficiency is in this No. 53,1969

section referred to as the short fall) that Board shall from

time to time advise the Minister of the amount of wheat

which is likely to be the short fall.

(2) The Grain Elevators Board shall allocate the

short fall by increasing such classes of basic quotas as the

Minister may determine in such manner as he may determine.

(3) Where the Grain Elevators Board allocates a short fall under this section, that Board shall—

(a)	where a person has not delivered to the Board any wheat in respect of which he has been allocated a basic quota and in the opinion of the Grain Eleva tors Board will be unable to deliver any of that wheat to the Board, cancel that person’s basic quota; or
(b)	where, in the opinion of the Grain Elevators Board, any person will be unable to deliver to the Board wheat in respect of which he has been allocated a basic quota to the extent of that quota, reduce that person’s basic quota to that extent.

37. (1) If any quota authority is lost or destroyed or Lost

defaced before all the wheat in respect of which it was issued au^orities

has been delivered to the Board, the Grain Elevators Board

may, subject to the provisions of this section, issue a new

quota authority in lieu thereof.

(2) Where a quota authority is lost or destroyed the new quota authority shall not be issued unless the person who lost the quota authority lodges a statutory declaration with the Grain Elevators Board containing a statement that the quota authority has been lost or destroyed.

(3)

P64443—26

Wheat Quotas.

No. 53, 1969

( 3) Where a quota authority is defaced the new quota authority shall not be issued unless the defaced quota authority is lodged with the Grain Elevators Board for cancellation.

(4)	In issuing a new quota authority under this

section, the Grain Elevators Board shall ensure that the quantity of wheat specified in the new quota authority is the quantity specified in the lost, destroyed or defaced quota authority less any quantity of wheat delivered pursuant to that quota authority before it was lost, destroyed or defaced.

38. (1) Nothing in this Act affects the operation of any

Schemes

under

section 12a	scheme prepared by the Grain Elevators Board under section
of (^ain	12a of the Grain Elevators Act, 1954.
Elevators Act, 1954, not affect^.	(2) Notwithstanding any other provision of this or of any other Act, the Grain Elevators Board—

(a)	may refuse to accept delivery of any wheat as being part of a quota allocated under this Act from a person if that person’s quota authority is not pre sented to that Board at the time of the delivery; and
(b)	shall refuse to accept delivery of any wheat as being part of a northern prime hard quota unless it is delivered to the Grain Elevators Board at the elevators or works of that Board specified in the Schedule to this Act and is accompanied, upon delivery, by a certificate of the Premium Wheat Growers’ Association Limited certifying that it is prime hard wheat.

39. (1) Notwithstanding any other provision of this Act,

Basic quotas

m aybe	the Grain Elevators Board, with the approval of the Minister,
allocated
in special	may in a special case and if it thinks it equitable or proper
cases.	to do so, allocate a basic quota to any person who, but for this section, would not be entitled to a basic quota and as soon as practicable thereafter forward to that person a quota authority, or increase a basic quota allocated to any person.

(2)

Wheat Quotas.

(2) Where the Grain Elevators Board determines No. S3,1969

that the total quantity of wheat in respect of which basic quotas have been allocated exceeds one hundred and twenty- three million bushels, that Board shall reduce all the basic quotas, in so far as they apply to wheat that has not at the date of the determination been delivered to the Board, by a quantity calculated in such manner as may be determined by the Minister.

40 .

(1) Where a group III wheatgrower—

Certain basic

(a)

has been allocated a basic quota in respect of his Screwed i?

property, and

traditional

(b) has entered into a sharefarming agreement in sharefarming

on property.

respect of that property,

and a sharefarmer who is a party to that agreement has previously delivered wheat to the Board in one or more of the five relevant seasons, the Grain Elevators Board shall, notwithstanding subsection three of section six of this Act, on the application of either party to that sharefarming agreement, increase that basic quota in accordance with this section.

(2) In determining the amount of the increase of the basic quota referred to in subsection one of this section, the Grain Elevators Board shall have regard to the amount of wheat delivered to the Board as referred to in that subsection.

(3) Notwithstanding any other provision of this Act, the Grain Elevators Board shall not receive an application under subsection one of this section after the twentieth day of October, one thousand nine hundred and sixty-nine.

41. (1) Where a basic quota or a northern prime Quota

hard quota is increased, reduced or cancelled under this Act authorities him.

the person to whom the basic quota or northern prime hard returned

quota, as the case may be, was allocated shall within seven after

days after being required to do so by the Grain Elevators l̂ f̂cUon or

(2 )

Wheat Quotas.

No. 53, 1969

(2) Where a basic quota or a northern prime hard quota allocated to any person is increased or reduced to a specified quantity pursuant to any of the provisions of this Act, that person shall, for the purposes of this Act, be deemed to have been allocated a basic quota or a northern prime hard quota, as the case may be, equal to that specified quantity.

Certain

42. (1) The provisions of any Act of the State of

areas	Victoria that provides for the allocation of quotas for the
deemed to
be part of	delivery of wheat, or of storage space for wheat, grown on
Victoria	land referred to in paragraph (a) or (b) of subsection one of
for certain
purposes.	section ten of this Act apply, in respect of wheat of the 1969 1970 season, to persons who have sown wheat for harvesting in that season on that land as if that land were part of the State of Victoria.
(2) A person who has grown wheat of the 1969 1970 season on land other than land referred to in paragraph (a) or (b) of subsection one of section ten of this Act is not entitled to deliver that wheat to any of the elevators or works operated by the Grain Elevators Board of the State of Victoria situated on any land so referred to, except with the consent of that Board.

Where no	43. No action, claim or demand whatsoever shall lie or
action shall

lie.

be made or allowed by or in favour of any person whomso

ever against—

(a) Her Majesty; (b) the Minister;

(c)	the Grain Elevators Board, or any member or employee thereof; or

(d) the Committee, or any member thereof,

for anything bona fide done or omitted to be done for the

purposes of carrying out or giving effect to this Act.

Decisions

44. (1) No writ of injunction or mandamus or other

of Minister,	proceeding shall lie or be taken in respect of the allocation of
etc., to
be final.	any quota by, or of any order, determination, proceeding or direction of, the Minister, the Grain Elevators Board or the Committee, relating to, or on the face of the proceedings appearing to relate to, any matter arising out of this Act.

(2)

8.05

Wheat Quotas.

(2) The validity of any proceeding or decision of the No. 53, 1969

Minister, the Grain Elevators Board or the Committee

shall not be challenged in any manner whatsoever.

w l ( ' J

4 5 . Any person who contravenes or fails to comply penalty,

with a provision of this Act for which no penalty is expressly provided is guilty of an offence against this Act and liable to a penalty not exceeding four hundred dollars.

46 . All proceedings for offences against this Act or Proceed-

the regulations made under this Act shall be disposed of

summarily before a court of petty sessions.

4 7 . The provisions of section thirty-two of the Marketing Offences

of Primary Products Act, 1927, apply to and in respect of

offences under this Act.

and joint offenders.

48 . (1) The Governor may make regulations, not Regulations,

inconsistent with this Act, for or with respect to all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations may make different provisions in respect of different matters according to time, place or circumstances.

(3) The regulations may prescribe a penalty not exceeding four hundred dollars for any contravention of, or failure to comply with any provision of, the regulations.

SCHEDULE.

Wheat Quotas.

No. 53, 1969

SCHEDULE.

Secs. 29	Armatree	Gular
(1) (0	Baan Baa	Guimedah
and 38
(2)(b).	Baradine	Gurley
Bellata	Gwabegar
Biniguy	Merab North
Boggabilla	Merrywinebone
Boggabri	Milguy
Burren Junction	Moree
Combara	Mungeribar
Coonamble	Narrabri West
Crooble	Narromine
Croppa Creek	Nea
Cryon	Nevertire
Culgoora	North Star
Curban	Nyngan
Curlewis	Premer
Edgeroi	Quirindi
Emerald Hill	Springridge
Eumungerie	Tamarang
Garah	Trangie
Gilgandra	Weemelah
Gravesend	Wee Waa

BREAD