Wheat Quotas Act 1970 (NSW)
WHEAT QUOTAS ACT.
Jgein ^outj) OTalesi
ANNO UNDEVICESIMO
ELIZABETH/E II REGINiE
Act No. 66, 1970.
An Act to provide for the allocation of quotas in respect of wheat of the 1970-1971 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 for purposes connected therewith. [Assented to, 24th November, 1970.]
BE
Wheat Quotas.
No. 66, 1970 T I E 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: —
PART I.
P r e l im in a r y .
| Short title | 1. | (1 ) This Act may be cited as the “Wheat Quotas Act, |
| and com |
| mencement. | 1970”. |
| (2) | This Act shall commence upon a day to be |
appointed by the Governor and notified by proclamation
published in the Gazette.
| Division of | 2. | This Act is divided as follows :— |
| Act. |
PART I.—P reliminary— ss. 1-4.
| PART | II.—M odification | of | Wheat | Industry |
| Stabilization A c t , | 1968— s. 5. |
PART III.—Q uotas for the 1970-1971 Season
—ss. 6-13.
D ivision l .— 1969-1970 Season Growers— s. 6.
D ivision 2.— New Growers—ss. 7-9.
| D ivision 3.— 1970-1971 | Northern Prime Hard |
Quotas—XX. 10-13.
PART IV.— Sharefarmers—ss. 14, 15. PART V.—M iscellaneous—ss. 16-35. SCHEDULE.
| Quota | 3. |
(1) For the purposes of this Act, the year that com menced on the first day of Qctober, one thousand nine hundred and sixty-nine, and each subsequent year, not being a year in respect of which a proclamation is made under subsection two of this section, is a quota season.
seasons.
( 2 )
Wheat Quotas.
| ( 2 ) | The Governor may, by proclamation published in No. 66, 1970 |
the Gazette on or before the first day of April in any year, declare that the year commencing on the next following first day of October is not a quota season for the purposes of this Act.
4. (1) In this Act, except in so far as the context or Interpre
| subject-matter otherwise indicates or requires— | tation. |
“basic quota” means, subject to subsection two of section forty-one of the Wheat Quotas Act, 1969, a basic quota allocated under section six, section nine or subsection one of section thirty-three of that A ct;
“1970-1971 quota” means 1970-1971 quota allocated
under this A ct;
“1970-1971 northern prime hard quota” means 1970 1971 northern prime hard quota allocated under this Act;
“owner”, in relation to land, includes—
| (a) | every person who jointly or severally, 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; or
(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,
| ||||
| otherwise; |
| (b) | the lessee from any owner as defined in paragraph (a) of this definition; and |
(c)
Wheat Quotas.
| No. 66, 1970 | (c) a licensee, other than a sharefarmer, under a licence that was granted by an owner as defined in paragraph (a) or (b) of this definition and entitles the licensee to grow wheat on that owner’s land, |
but where two or more persons are the owners of
any land and—
| (d) | are owners, as defined in paragraph (a) of this definition, of that land and are joint tenants or tenants in common of that land; |
| (e) | are owners, as defined in paragraph (b) of this definition, of that land and are joint lessees of that land; or |
| (f) | are owners, as defined in paragraph (c) of this definition, 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;
“sharefarmer” means a person who has entered into an agreement with the owner of any land that is in New South Wales or in 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 land for agricultural or pastoral purposes or partly for agricultural and partly 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
Wheat Quotas.
where that person, pursuant to that agreement, no. 6 6 ,1970
sowed wheat before the thirtieth day of September,
one thousand nine hundred and seventy, for
harvesting in the 1970-1971 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 1970-1971 quota is allocated;
“the 1969-1970 season” has the meaning ascribed thereto in section three of the Wheat Quotas Act, 1969;
“the 1970-1971 season” means the year that com menced on the first day of October, one thousand nine hundred and seventy;
“wheatgrower” means a person who, before the thirtieth day of September, one thousand nine hundred and seventy, sowed wheat on land in New South Wales or the Australian Capital Territory for harvesting in the 1970-1971 season.
| (2) | This Act shall be read and construed with and as |
part of the Wheat Industry Stabilization Act, 1968.
PART II.
M odification of Wheat Industry Stabilization
| A c t , | 1968. |
| 5. | (1) In this section “prescribed season” means— | Modification of operation |
| (a) a quota season; or | of wheat Industry |
| (b) | a season that is not a quota season but next follows | ||
|
(2)
Wheat Quotas.
| No. 66,1970 | ( 2 ) In relation to a prescribed season, section four |
teen of the Wheat Industry Stabilization Act, 1968, has effect as if references in that section to wheat or wheat of a season were references to wheat included in the pool for that prescribed season in accordance with this section.
| (3) | The pool for a prescribed season that is a quota |
season (in this subsection referred to as the relevant 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 (whether of the relevant season or of any quota season that preceded the relevant season) delivered during the relevant season or any quota season that preceded the relevant 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 the relevant season under this Act or under a law of another State providing for the fixing of wheat quotas; |
| (b) | any other wheat, being wheat of the relevant season declared by the Board to have been sold by the Board, and paid for in full, during the relevant season; and |
(̂ c) any other wheat, being wheat of any quota season
that preceded the relevant season and wheat that—
(i) was delivered to the Board before the relevant season;
(ii) was not included in the pool for any season that preceded the relevant season; and
(iii) is declared by the Board to have been sold by the Board, and paid for in full, during the relevant season.
Wheat Quotas.
(4) The pool for a prescribed season that is not a No. 66, 1970
quota season consists of the following wheat delivered to the Board (whether in pursuance of the Wheat Industry Stabiliza tion Act, 1968, or of a law of another State or of the Commonwealth) :—
(a) wheat of that season; and
| (b) | wheat of any quota season that preceded that prescribed season and was not included in the pool for any season that preceded that prescribed season. |
(5) The Board may, in such manner as it considers equitable, attribute sales of wheat the subject of a declaration by the Board referred to in paragraph (b) or (c) of sub section three of this section, being wheat of a particular kind, to all or any of the wheat of that particular kind delivered by particular persons.
PART III.
Quotas for the 1970-1971 Season.
D ivision 1.— 1969-1970 Season Growers.
| 6. | ( 1) In this Part— | Calculation and |
| “over-quota wheat” means wheat delivered to the Board allocation of during the 1969-1970 season that— | quotas. |
| (a) | did not form part of the pool referred to in subsection two of section four of the Wheat Quotas Act, 1969 ; and |
| (b) | was not wheat in respect of which a person was disqualified by section ten of the Wheat Quotas Act, 1969, from receiving a basic quota; |
“prescribed person” means a person—
(a) to whom a basic quota was allocated;
Wheat Quotas.
| No. 66, 1970 | (b) | whose basic quota had not, at the commence ment of this Act, been cancelled under the Wheat Quotas Act, 1969 (section twenty- seven, subsection two of section thirty-one and subsection two of section thirty-five excepted) ; |
(c) who delivered over-quota wheat; and
| (d) | who is not a person referred to in subsection five of this section; |
“prescribed quantity” in relation to a prescribed person means the 1970-1971 quota which that person would have been allocated if he had been entitled to a quota under this section (subsection five excepted).
(2) Subject to subsection four of this section and sections sixteen and twenty-eight of this Act, the Grain Elevators Board shall allocate a 1970-1971 quota, calculated in accordance with the formula specified in subsection three of this section, to a person—
(a) to whom a basic quota was allocated;
| (b) | whose basic quota had not, at the commencement of this Act, been cancelled under the Wheat Quotas Act, 1969 (section twenty-seven, subsection two of section thirty-one and subsection two of section thirty-five excepted); |
(c) who did not deliver over-quota wheat; and
(d) who is a wheatgrower.
(3) The formula referred to in subsection two of this
section is—
b X c
a = b - --------
100
where—
Wheat Quotas.
| where— | No. 66, 1970 |
a = the quantity (in bushels) of wheat which is the
1970-1971 quota to be allocated to that person;
b = the quantity (in bushels) of wheat that was the
basic quota allocated to that person; and
c = the figure specified in the second column of the table hereto opposite an item specified in the first column of that table, being an item within the limits of which the basic quota allocated to that person fell.
TABLE.
| First Column. | Second Column. | Third Column. |
| BASIC QUOTAS. | MINIMUM |
| REDUCTION | 1970-1971 QUOTAS. |
| Quantity (in | FIGURE. | Quantity (in |
| bushels) of wheat. | bushels) of wheat. |
| U nder | 1000 |
| 1000-2000 | 5 | 1000 |
| 2001-3000 | 7 i | 1900 |
| 3001-4000 | 10 | 2775 |
| 4001-5000 | 12 i | 3600 |
| 5001-6000 | 15 | 4375 |
| 6001-7000 | 1 7 i | 5100 |
| 7001-8000 | 20 | 5775 |
| 8001-9000 | 2 2 i | 6400 |
| 9001-10000 | 25 | 6975 |
| 10001-12000 | 2 1 i | 7500 |
| 12001-14000 | 30 | 7975 |
| 14001-20000 | 3 2 i | 9100 |
| 20001-40000 | 34 | 13500 |
| 40001 and over | 35 | 26400 |
(4) Where—
| (a) | the basic quota of a person entitled under subsection two of this section to a 1970-1971 quota was within the limits of an item in the first column of the table to subsection three of this section; and |
(b)
Wheat Quotas.
| No. 66, 1970 | (b) | the amount ascertained by the application in respect of that basic quota of the formula in subsection three of this section is less than the amount specified opposite that item in the third column of that table, |
the Grain Elevators Board shall, in lieu of allocating to that person under subsection two of this section a quota of the amount so ascertained, allocate to that person a quota of the amount so specified in that third column.
(5) Where a person would, but for the fact that he delivered over-quota wheat, be allocated a 1970-1971 quota under subsection two or four of this section of a quantity exceeding the quantity of over-quota wheat delivered by him—
| (a) | the Grain Elevators Board shall, subject to section twenty-eight of this Act, allocate to him a 1970 1971 quota of a quantity equal to the amount of that excess; and |
| (b) | without affecting that quota he shall, for the purposes of Part II of this Act, be deemed to have delivered that over-quota wheat to the Board pursuant to a 1970-1971 quota during the 1970-1971 season. |
(6) A prescribed person shall, for the purposes of Part II of this Act, be deemed to have, pursuant to a 1970 1971 quota, delivered to the Board during the 1970-1971 season a quantity of wheat that is the prescribed quantity for that person.
D ivision 2.— New Growers.
| New | 7. |
In this Part, “new grower” means owner of land in South Wales or the Australian Capital Territory on which wheat was, before the thirtieth day of September, one thousand nine hundred and seventy, sown for harvesting in the 1970-1971 season, but does not include a person who was allocated a basic quota.
growers.
Wheat Quotas.
8. Subject to section nine of this Act, where a new No. 66, 1970
grower—
| (a) | applies to the Grain Elevators Board, in a form quota for approved by the Minister, for a 1970-1971 quota; |
| (b) | duly furnishes the Grain Elevators Board with any additional information it specifies in a subsequent notice to the applicant; |
| (c) | duly furnishes any such additional information within the time specified for the purpose in the notice; and |
| (d) | is a member of a class of new growers that the Minister notifies the Grain Elevators Board to be a class of new growers of which the members may be allocated 1970-1971 quotas, |
the Grain Elevators Board may allocate a 1970-1971 quota to that new grower in the manner, and for the quantity, notified by the Minister to the Grain Elevators Board.
9. The Grain Elevators Board may, by a notice referred Verification
to in paragraph (b) of section eight of this Act, require any
or all of the additional information specified in the notice ti°n.
to be verified by statutory declaration and any such additional
information to which such a requirement relates shall be
deemed not to have been duly furnished to the Grain Elevators
Board unless it has been so verified.
D ivision 3.— 1970—1971 Northern Prime Hard Quotas.
10. In this Part “northern prime hard wheat” means interpre-
| wheat- | tation. |
| (a) | that complies with the standard for fair average quality wheat determined by the Board for the 1970-1971 season; |
(b) that is one of the following varieties :—
Timgalen, Mendos, Gamut, Gatcher, Spica,
Windebri, Winglen or Gala;
( 0
Wheat Quotas.
| No. 66,1970 | (c) | that contains a minimum protein content of at least thirteen per centum by weight at natural moisture; |
| (d) | that contains an admixture of no more than ten per centum by volume of mottled, soft or bleached grains. |
| Allocation | 11. Where a person— |
| of 1970 | |
| 1971 |
| northern | (a) is entitled to a 1970-1971 quota pursuant to sub |
| prime hard | section two or four, or paragraph (a) of subsection |
| quotas. | five, of section six of this A ct; and |
| (b) | has been allocated storage space during the 1970 1971 season at the elevators and other works of the Grain Elevators Board situated at any of the places specified in the Schedule to this Act. |
the Grain Elevators Board shall allocate to that person a northern prime hard quota calculated in accordance with the formula specified in section twelve of this Act.
| Formula | 12. | The formula referred to in section eleven of this Act |
| for alloca |
| tion of | is— |
| 1970-1971 |
| northern | b |
| prime hard | a = 11,500,000 X - |
| quotas. | c |
where-
| a | the quantity (in bushels) of northern prime hard wheat which is the 1970-1971 northern prime hard quota to be allocated to that person; |
| b | the quantity (in bushels) of wheat that was the basic quota allocated to that person; and |
| c | ̂ the quantity (in bushels) of wheat calculated by aggregating the quantity (in bushels) of wheat specified in the basic quotas of all persons who are allocated storage space at the elevators and other works of the Grain Elevators Board situated at any of the places specified in the Schedule to this Act during the 1970-1971 season. |
Wheat Quotas.
| 13. quota under Division 1 of this Part has not been allocated | (1) Where a person who is allocated a 1970-1971 no. 66,1970 |
----
| storage space at the elevators and other works of the Grain | , |
| Elevators Board situated at any of the places specified in the i97o-l97"̂ Schedule to this Act during the 1970-1971 season and that person has in his possession northern prime hard wheat of quotas. ̂ the 1970-1971 season, the Grain Elevators Board shall allocate to that person, in such manner and for such quantity as the Minister may determine and notify to that Board, a 1970-1971 northern prime hard quota. |
| (2) | Where a person who is allocated a 1970-1971 |
quota under Division 2 of this Part is allocated storage space at the elevators and other works of the Grain Elevators Board situated at any of the places specified in the Schedule to this Act during the 1970-1971 season and that person has in his possession northern prime hard wheat of the 1970-1971 season, the Grain Elevators Board shall allocate to that person, in such manner and for such quantity as the Minister may determine and notify to that Board, a 1970-1971 northern prime hard quota.
PART IV.
Sh a r e f a r m e r s .
| 14. person to whom it has allocated a 1970-1971 quota or a 1970-1971 northern prime hard quota (in this Part referred name of to as an allottee) is a party to a sharefarming agreement and sharefarmer. it proposes to forward a quota authority under section twenty- three of this Act in respect of that quota, it shall specify in that quota authority that the quota has been allocated to specified persons jointly (being the parties to the sharefarming agreement) and the quota shall be deemed to have been allocated to those persons jointly in lieu of to the allottee. | Where the Grain Elevators Board is aware that a Quota |
Wheat Quotas.
| No. 66,1970 | 1 5 . |
(1) Where the Grain Elevators Board is aware that an allottee who is a party to a sharefarming agreement is in
Grain
| Elevators | dispute with any other party to the agreement as to the manner |
| Board to | in which the 1970-1971 quota or, as the case may be, the |
| settle | |
| quota | 1970-1971 northern prime hard quota, allocated to the |
| dispute | allottee is to be apportioned among the allottee and those |
| among | |
| parties to | parties, the Board shall cancel the quota so allocated and shall |
| share | notify the allottee and each of the parties to the sharefarming |
| farming | |
| agreement. | agreement that, within a time specified in the notification, they may make to the Board such written representations as they think fit in connection with the dispute. |
| (2) Where a quota is cancelled pursuant to sub section one of this section the Grain Elevators Board shall, after considering any representations made to it by the allottee and other parties and any other matters it considers relevant, allocate 1970-1971 quotas or, as the case may require, 1970 1971 northern prime hard quotas, to the allottee and the other parties to the sharefarming agreement in such manner and for such quantities not exceeding in the aggregate the quantity of the cancelled quota, as it thinks fit. | |
| (3) The Grain Elevators Board may require any information furnished to it by an allottee or other party to a sharefarming agreement to be verified by statutory declaration |
PART V.
M iscellaneous.
Issue of 16. The Grain Elevators Board may refuse to allocate a
discrcttonary 1970-1971 quota or a 1970-1971 northern prime hard in certain quota, or may allocate a reduced 1970-1971 quota or a circum
| stances. | reduced 1970-1971 northern prime hard quota, to a person who, in the opinion of that Board— |
(a) was not entitled to be allocated a basic quota; or
| (b) | was not entitled to be allocated a basic quota of the quantity allocated. |
Wheat Quotas.
17. Where, after the Grain Elevators Board has allocated no. 66, i97o
a 1970-1971 quota, or a 1970-1971 northern prime h a r d ----
| quota, to a person, that Board is satisfied— | bê cancened |
| (a) | that the basic quota allocated to that person was calculated incorrectly; |
| (b) | that that person was, under a law of another State, allocated a quota of a kind that, in the opinion of the Grain Elevators Board, is equivalent to a basic quota; |
| (c) | that the basic quotas allocated to that person and another person or other persons were calculated by reference, wholly or partly, to the same wheat delivered to the Board in any of the relevant seasons within the meaning of the Wheat Quotas Act, 1969, or sown for harvesting in the 1969-1970 season within the meaning of that Act; or |
| (d) | that the 1970-1971 quota, or the 1970-1971 northern prime hard quota, allocated to that person was calculated incorrectly, |
the Grain Elevators Board may cancel that person’s 1970 1971 quota or his 1970-1971 northern prime hard quota and if it thinks fit allocate to him another 1970-1971 quota or 1970-1971 northern prime hard quota for such quantity of wheat as it thinks fit.
18. Where a person has been allocated a 1970-1971 Transfer
quota or a 1970-1971 northern prime hard quota, the Grain Elevators Board may, on the application of that person or his personal representative, cancel that person’s 1970-1971 quota or 1970-1971 northern prime hard quota and allocate it to such person as is, or allocate it in such proportions and to such persons as are, specified in the application.
| 19. (1) Where a person to whom a 1970-1971 quota has been allocated ascertains that he is or will be unable | Cancellation or reduction |
| of 1970 | |
| for any reason to deliver to the Board wheat as, or as part of, | quota where |
| 1971 | |
| his 1970-1971 quota he shall forthwith notify the Grain | wheat can |
| Elevators Board of that fact indicating, as far as is practicable, | not be delivered |
| the quantity that he is or will be unable so to deliver. | as part of that quota, |
| ( 2 ) | etc. |
Wheat Quotas.
| No. 66, 1970 | (2) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a 1970-1971 quota has been allocated will be unable to deliver to the Board any wheat as, or as part of, his 1970-1971 quota, the Grain Elevators Board shall cancel that person’s 1970-1971 quota. |
| (3) Where the Grain Elevators Board is of the opinion from any information in its possession that a person to whom a 1970-1971 quota has been allocated will be able to deliver to the Board wheat as part of his 1970-1971 quota but in a quantity less than that quota, the Grain Elevators Board shall reduce that person’s 1970-1971 quota to that quantity. |
| Allocation | 20. (1) Where the Grain Elevators Board is of the |
| of short |
| fall of | opinion that the quantity of wheat which may be delivered |
| wheat | pursuant to all 1970-1971 quotas will be less than ninety-nine |
| under | |
| 1970-1971 | million bushels (the deficiency being in this section referred |
| quotas. | to as the short fall) that Board shall from time to time advise the Minister of the quantity of wheat which is likely to be the short fall. |
| (2) The Grain Elevators Board shall, in such manner as the Minister may determine and notify to the Grain Elevators Board, allocate the short fall by increasing such classes of 1970-1971 quotas as the Minister may determine and so notify. | |
| (3) In determining the classes of 1970-1971 quotas to be increased under this section the Minister shall give preference to persons whose basic quotas were cancelled under subsection two, or reduced under subsection three, of section thirty-five of the Wheat Quotas Act, 1969. |
Cancellation 21. (1 ) Where a person to whom a 1970-1971 northern of 1970-'°° prime hard quota has been allocated ascertains that he is or
1971 will be unable for any reason to deliver to the Board northern
prime^hard prime hard wheat as, or as part of, his 1970-1971 northern quotas where prime hard quota he shall forthwith notify the Grain Elevators p°te!e°hard ®oard of that fact indicating, as far as is practicable, the wheat cannot quantity that he is or will be unable so to deliver,
| be delivered. | ^2 ^ |
Wheat Quotas.
(2 ) Where the Grain Elevators Board is of the no. 66, 1970
opinion from any information in its possession that a person to whom a 1970-1971 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 1970-1971 northern prime hard quota, the Grain Elevators Board shall cancel that person’s 1970-1971 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 1970-1971 northern prime hard quota has been allocated will be able to deliver to the Board northern prime hard wheat as part of his 1970-1971 northern prime hard quota but in a quantity less than that quota, the Grain Elevators Board shall reduce that person’s 1970-1971 northern prime hard quota to that quantity.
22. ( 1 ) Where the Grain Elevators Board is of the Allocation
opinion that the quantity of northern prime hard wheat which
may be delivered pursuant to all 1970-1971 northern prime northern
hard wheat quotas will be less than twelve million bushels
(the deficiency being in this section referred to as the short
fall) that Board 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, in such manner as the Minister may determine and notify to the Grain Elevators Board, allocate the short fall by increasing such classes of 1970-1971 northern prime hard quotas as the Minister may determine and so notify.
(3) In determining the classes of 1970-1971 quotas to be increased under this section, the Minister shall give preference to persons whose northern prime hard quotas under the Wheat Quotas Act, 1969, were cancelled under subsection two, or reduced under subsection three, of section thirty-one of that Act.
Wheat Quotas.
| No. 66,1970 | 23. |
( 1) Where the Grain Elevators Board has, before the commencement of this Act, allocated or purported to allocate
Quotas
| allocated | a 1970-1971 quota to any person, that 1970-1971 quota shall |
| before | be deemed to have been allocated to that person under this Act. |
| commence | |
| ment of |
| Act. | (2) The Grain Elevators Board— |
| (a) | shall, in the case of a person to whom a 1970 1971 quota is allocated by that Board; or |
| (b) | may, in the case of a person to whom a 1970-1971 northern prime hard quota is allocated by that Board, |
forward to that person a book, in this Act referred to as a quota authority, in which shall be specified that person’s 1970-1971 quota or 1970-1971 northern prime hard quota, as the case may be.
| Lost quota | 24. (1) If any quota authority is lost or destroyed or defaced before all the wheat in respect of which it was issued has been delivered to the Board, the Grain Elevators Board may, subject to this section, issue a new quota authority in lieu thereof. |
| authorities. | |
| (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) 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
Wheat Quotas.
quantity specified in the lost, destroyed or defaced quota no . 66, 1970
| authority less any quantity of wheat delivered pursuant to | ---- |
| that quota authority before it was lost, destroyed or defaced. |
25. ( 1 ) Nothing in this Act affects the operation of any Schemes
| scheme prepared by the Grain Elevators Board under section | \2k |
| 1 2 a of the Grain Elevators Act, 1954. | of Grain Elevators Act, 1954, |
| (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 1970-1971 quota from a person if that person’s quota authority is not presented to that Board at the time of the delivery; and |
| (b) | shall refuse to accept delivery of any wheat as being part of a 1970-1971 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. |
| 26. | ( 1 ) | Notwithstanding any other provision of this Act, 1970-1971 |
| the Grain Elevators Board, with the approval of the Minister, | be |
may, in a special case and if it thinks it equitable or proper allocate to do so, allocate a 1970-1971 quota to any person who, but câ s.̂ *̂ for this section, would not be entitled to a 1970-1971 quota
and as soon as practicable thereafter forward to that person a quota authority, or increase a 1970-1971 quota allocated to any person.
(2) Where the Grain Elevators Board determines that the total quantity of wheat in respect of which 1970 1971 quotas have been allocated exceeds ninety-nine million bushels, that Board shall reduce all the 1970-1971 quotas, in so far as they apply to wheat that has not at the date of the
determination
Wheat Quotas.
No. 66, 1970 determination been delivered to the Board, by a quantity
| ---- - | calculated in such manner as may be determined by the Minister and notified to that Board. |
| (3) Where the Grain Elevators Board determines that the total quantity of northern prime hard wheat in respect of which 1970-1971 northern prime hard quotas have been allocated exceeds twelve million bushels, that Board shall reduce all the 1970-1971 northern prime hard quotas, in so far as they apply to northern prime hard 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 and notified to that Board. |
| Quota | 27. | (1 ) Where a 1970-1971 quota or a 1970-1971 |
| to be re-northern prime hard quota is increased, reduced or cancelled | authorities |
| turned'after under this Act the person to whom the 1970-1971 quota or redu^cdonor 1970-1971 northern prime hard quota, as the case may be, cancellation, was allocated shall within seven days after being required to |
do so by the Grain Elevators Board lodge with that Board
any quota authority issued to him.
(2) Where a 1970-1971 quota or a 1970-1971 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 ihis Act, be deemed to have been allocated a 1970-1971 quota or a 1970-1971 northern prime hard quota, as the case may be, equal to that specified quantity.
| Basic quotas | 28. A 1970-1971 quota shall not be allocated to— |
| not to be | |
| allocated to |
| certain | (a) a person in respect of wheat sown for harvesting in the 1970-1971 season on land situated wholly or partly within the area defined by a proclamation in force under section four of the Border Railways (Grain Elevators) Amendment Act, 1957; or |
| persons. |
(b)
Wheat Quotas.
| (b) |
a person who has entered into an agreement under No. 66, i970 subsequently amended, of the State of Victoria for the delivery of wheat of the 1970-1971 season grown on land to which the agreement relates to the Grain Elevators Board constituted under that Act, as so amended.
29. (1) The provisions of any Act of the State of Victoria Certain
that provides for the allocation of quotas for the delivery of deemed
wheat, or of storage space for wheat, grown on land referred to^.P^rt
to in paragraph (a) of section twenty-eight of this Act apply, for certain
in respect of wheat of the 1970-1971 season, to persons who purposes,
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 1970 1971 season on land other than land referred to in paragraph (a) of section twenty-eight 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.
30. No action, claim or demand whatsoever shall lie or
be made or allowed by or in favour of any person whom- shall lie.
soever against—
(a) Her Majesty;
(b) the Minister; or
| (c) | the Grain Elevators Board, or any member or employee thereof, |
for anything bona fide done or omitted to be done for the
purposes of carrying out or giving effect to this Act.
Wheat Quotas.
| No. 66,1970 | 31. |
(1) No writ of injunction or mandamus or other proceeding shall lie or be taken in respect of the allocation
Decisions
| of Minister, | of any quota by, or of any order, determination, notification, |
| etc., to be | proceeding or direction of, the Minister or the Grain Elevators |
| final. | Board relating to, or on the face of the proceedings appearing to relate to, any matter arising out of this Act. |
| (2) The validity of any proceeding or decision of the Minister or the Grain Elevators Board shall not be challenged in any manner whatsoever. |
| Penalty. | 32. |
Any person who contravenes or fails to comply 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.
| Proceedings. | 33. |
All proceedings for offences against this Act or the
regulations made under this Act shall be disposed of
summarily before a court of petty sessions.
Offences by 34. The provisions of section thirty-two of the Marketing companies gf Primary Products Act, 1927, apply to and in respect of
| and joint | _ | • | a | . |
| offenders, | offences under this Act. |
| Regulations. | 35. |
( 1 ) The Governor may make regulations, not incon sistent 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 )
Wheat Quotas.
(3) The regulations may prescribe a penalty not No. 66, 1970
exceeding four hundred dollars for any contravention of, or
failure to comply with any provision of, the regulations.
| SCHEDULE. | Secs. 11, 12 and 13. |
| Armatree | Gravesend |
| Baan Baa | G ular |
| Baradine | Gunnedah |
| Bellata | Gurley |
| Biniguy | Gwabegar |
| Boggabilla | , | M erab | North |
| Boggabri | Merrywinebone |
| Burren Junction | Milguy |
| Com bara | Moree |
| Combo | M ungeribar |
| Coonamble | N arrabri West |
| Crooble | Narrom ine |
| Croppa Creek | Nea |
| Cryon | Nevertire |
| Culgoora | N orth Star |
| Curban | Nyngan |
| Curlewis | Prem er |
| Delungra | Quirindi |
| Edgeroi | Springridge |
| Emerald Hill | Tam arang |
| Eumungerie | Trangie |
| G arah | Weemelah |
| Gilgandra | Wee Waa |
WORKERS’
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0
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