Appointment of Commissioner for the commission of inquiry into grain storage, handling and transport

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00989 In force Prerogative Instrument

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COMMONWEALTH OF AUSTRALIA

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO:

JAMES CARVEL McCOLL

GREETING:

We DO by these Our Letters Patent issued in Our name by Our Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council and pursuant to the Royal Commissions Act 1902 and every other enabling power, appoint you to be a Commissioner to inquire into the most efficient and cost-effective integrated system that might be instituted in Australia for the purpose of providing storage, handling and transport services and port terminal services to Australian grain marketing authorities and organisations and Australian grain growers for the storage, handling and transporting of wheat and other grains -

(a) in the course of, or for the purposes of, overseas or interstate trade or trade with a Territory; or

(b) in a Territory or for the purposes of marketing or use in a Territory:

AND We direct you to make such recommendations arising out of your inquiry as you think appropriate, including recommendations regarding the legislative or administrative changes, if any, that are necessary or desirable:

AND, without restricting the scope of your inquiry or in any way limiting the generality of the foregoing, We direct you, for the purposes of your inquiry and recommendations, to give particular attention to the following matters, namely -

(c) the standard of the grain storage, handling and transport services and port terminal services sought by Australian grain marketing authorities and organisations and Australian grain growers and the appropriateness of those standards;

(d) the institutional arrangements to which the organisations providing grain storage, handling and transport services and port terminal services are at present subject and any alternative arrangements that might be made;

(e) whether any of the institutional arrangements at present in operation have the effect of limiting the kinds of bodies that provide grain storage, handling and transport services and port terminal services;

(f) the capital and cost structures (including personnel levels and operating procedures) at present used by the organisations referred to in paragraph (d) and -

(i) the effect of technological developments on those structures; and

(ii) the ability of those structures to adapt to technological developments;

(g) the present accounting practices of the organisations referred to in paragraph (d) and the present contractual arrangements, or other arrangements, between those organisations or between any of those organisations and Australian grain marketing authorities and organisations or Australian grain growers and the kinds of practices and arrangements that might be adopted or made in order to promote the most cost-effective provision of such services;

(h) the effect on Australian grain marketing authorities and organisations and Australian grain growers of the present pricing and charging practices for grain storage, handling and transport services;

(i) the costing and pricing methods that might be used to enable Australian grain marketing authorities and organisations and Australian grain growers to select the most cost-effective combination of services;

(j) the use of on-farm storage and the location and operating practices of receival points, sub-terminals, export ports and terminals for grain;

(k) the present facilities for, and practices relating to, the transport of grain and any alternative facilities and practices that might be provided or adopted;

(l) the benefits to Australian grain marketing authorities and organisations and Australian grain growers likely to result from an efficient, cost-effective integrated system of services and the private and public costs involved; and

(m) the need to ensure that any system for providing grain storage, handling and transport services and port terminal services is sufficiently flexible to enable it to adapt easily and quickly to the requirements of technological development and to meet changing service needs of Australian grain marketing authorities and organisations and Australian grain growers:

AND We declare that you are authorised to conduct your inquiry into any matter under theses Our Letters Patent in combination with any inquiry into the same or related matters that you are directed or authorised to make by any Commission issued, or pursuant to any order or appointment made, by any of Our Governors of the States:

AND We require you as expeditiously and on as informal a basis as possible to make your inquiry and to furnish to Our Governor-General of the Commonwealth of Australia -

(n) not later than 31 July 1987, or such later date as We may be pleased to fix, a report of the results of your inquiry; and

(o) not later than 31 January 1988, or such later date as We may be pleased to fix, your recommendations.

WITNESS His Excellency the Right Honourable Sir Ninian Martin Stephen, a member of Her Majesty’s Most Honourable Privy Council, Knight of the Order of Australia, Knight Grand Cross of The Most Distinguished Order of Saint Michael and Saint George, Knight Grand Cross of The Royal Victorian Order, Knight Commander of The Most Excellent Order of the British Empire and Governor-General of the Commonwealth of Australia.

Dated this 13 Day of October 1986

Governor-General

By His Excellency’s Command,

Prime Minister

Overview

The Letters Patent issued by Queen Elizabeth II in 1986, via the Governor-General of the Commonwealth of Australia, established a Commissioner to investigate the most efficient and cost-effective integrated system for providing storage, handling, transport, and port terminal services for Australian grain, particularly for wheat and other grains involved in overseas, interstate, and intra-Territory trade. This inquiry was conducted under the authority of the Royal Commissions Act 1902, with the explicit aim of making recommendations that could lead to necessary legislative or administrative changes. The policy objective behind this initiative was to ensure that the grain handling system in Australia is efficient, cost-effective, and adaptable to technological advancements, while also considering the needs and standards of Australian grain marketing authorities, organisations, and growers. The Commissioner was tasked with examining various aspects, including current institutional arrangements, capital and cost structures, technological impacts, pricing practices, and the overall flexibility of the system to meet evolving requirements.

Scope and Application

The Letters Patent appoints a Commissioner to investigate the most efficient and cost-effective integrated system for providing grain storage, handling, transport services, and port terminal services in Australia, particularly focusing on services for Australian grain marketing authorities and organisations, as well as Australian grain growers. The inquiry extends to services related to wheat and other grains involved in overseas or interstate trade or trade with a Territory, or for marketing or use within a Territory. The Commissioner's mandate includes examining the standards, institutional arrangements, capital and cost structures, technological impacts, accounting practices, and pricing methods, among other factors, to recommend legislative or administrative changes for enhancing efficiency and cost-effectiveness. The geographic scope of the inquiry is national, as it involves services across Australia, including Territories. The Commissioner is authorised to combine this inquiry with any related inquiries and must submit a report by 31 July 1987 and recommendations by 31 January 1988. The Letters Patent allow for flexibility in the inquiry's conduct and the setting of different deadlines by the Governor-General.

Key Provisions

The main operative sections of this legislation (sections (a) to (m)) establish the scope and focus of the inquiry that the appointed Commissioner is to conduct. The Commissioner is tasked with examining the most efficient and cost-effective integrated system for providing grain storage, handling, and transport services and port terminal services to Australian grain marketing authorities, organisations, and growers. This includes services for the storage, handling, and transportation of wheat and other grains both for interstate and overseas trade, as well as for marketing or use within a Territory. The inquiry must pay particular attention to the standards of the services, the appropriateness of institutional arrangements, the impact of technological developments, present accounting practices, and the overall cost-effectiveness of the services provided. The Commissioner is also required to consider the benefits of an integrated system and its flexibility to adapt to technological and service needs. The obligations and requirements imposed by the Act on the Commissioner include conducting the inquiry with due diligence and efficiency, focusing on the specified matters, and making recommendations based on the findings. The Commissioner must furnish a report on the results of the inquiry by 31 July 1987, or a later date as directed, and provide recommendations by 31 January 1988, or another date as specified. These requirements ensure that the Commissioner’s inquiry is thorough and that the findings and recommendations are timely and can inform any necessary legislative or administrative changes. Failure to comply with the directives and requirements set out in the legislation may result in consequences under Australian law. Although the specific penalties or consequences for non-compliance are not detailed in the text, non-compliance could potentially lead to legal challenges or other repercussions. The seriousness of any breach would depend on the context and the specific requirements of the legislation, and it could potentially include civil or administrative penalties, or even criminal charges in severe cases. The maximum penalties, if applicable, would be determined by the relevant laws and the nature of the breach.

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