WHEAT INDUSTRY STABILIZATION.
No. 48 of 1948.
An Act relating to the Stabilization of the Wheat Industry.
[Assented to 25th November, 1948.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Wheat Industry Stabilization Act 1948.
Commencement.
2.—(1.) Sections one and two of this Act shall come into operation on the date on which this Act receives the Royal Assent.
(2.) The remaining provisions of this Act shall come into operation on such dates as are respectively fixed by Proclamation.
Repeal.
3.—(1.) The Wheat Industry Stabilization Act 1946 is repealed.
(2.) Sub-sections (2.) and (3.) of section one, and sections three to ten (inclusive), of the Wheat Industry Stabilization Act (No. 2) 1946 are repealed.
(3.) The Wheat Industry Stabilization Act (No. 2) 1946, as amended by this Act, may be cited as the Wheat Industry Stabilization Act 1946-1948.
Definitions.
4. In this Act, unless the contrary intention appears—
“licensed receiver” means a person, firm, company or State authority licensed by the Board to receive wheat on behalf of the Board;
“season”, in relation to wheat, means the period of twelve months, commencing on the first day of October in any year, during which the wheat was harvested;
“State Board” means a Board or Committee established by a law of a State (whether before or after the commencement of this Act) to perform functions in relation to wheat, and having power (whether conferred specifically or otherwise) to act as agent of the Australian Wheat Board;
“Territory” means a Territory of the Commonwealth which forms part of the Commonwealth;
“the appropriate Minister”, in relation to a State, means the Minister of State of the State administering the Department of the State dealing with agricultural matters, and includes any Minister of State of that State acting on behalf of that Minister;
“the Board” means the Australian Wheat Board constituted by this Act;
“the guaranteed price”, in relation to wheat of any season, means the guaranteed price in relation to wheat of that season ascertained in accordance with section five of this Act.
Guaranteed price.
5.—(1.) For the purposes of this Act, the guaranteed price in relation to wheat of any season shall, subject to any variation made under this section, be Six shillings and three pence per bushel (being a price in relation to sales of fair average quality bulk wheat free on rails at the ports of export, arrived at by reference to the cost of production of wheat of the 1947-48 season).
(2.) Where the Minister is satisfied
Overview
The Wheat Industry Stabilization Act 1948 was enacted to address the need for stabilization within the wheat industry, particularly in response to economic fluctuations and the post-war economic landscape. This Act was introduced by the Commonwealth Parliament, aiming to provide a framework for the stabilization of wheat prices and the management of the wheat industry through the establishment of the Australian Wheat Board. The policy objective of the Act is to ensure a steady and predictable market for wheat, thereby supporting both producers and consumers. The Act repealed previous legislation, such as the Wheat Industry Stabilization Act 1946, to consolidate and streamline the regulatory framework governing the wheat industry in Australia.
Scope and Application
The Wheat Industry Stabilization Act 1948 applies to the regulation and stabilization of the wheat industry within Australia, specifically focusing on the establishment of the Australian Wheat Board and the determination of guaranteed prices for wheat. The Act applies to all entities and persons involved in the wheat industry, including wheat growers, licensed receivers, and the Board itself. The Act's geographic reach is nationwide, applying to all states and territories within Australia. The Act does not apply to wheat harvested after the 30th of September 1953, unless otherwise specified by Parliament. The Act extends its application through subordinate instruments, such as regulations made by the Governor-General, which can prescribe matters necessary for carrying out the Act, including the conduct of Board proceedings, qualifications for Board members, and penalties for breaches of regulations.
Key Provisions
- The Wheat Industry Stabilization Act 1948 (sections 1 to 3) establishes the framework for stabilizing the wheat industry in Australia. It repeals the Wheat Industry Stabilization Act 1946 and replaces it with the Wheat Industry Stabilization Act 1946-1948. The Act defines key terms such as "licensed receiver," "season," and "State Board," and sets a guaranteed price for wheat, initially fixed at six shillings and three pence per bushel (section 5). The Act establishes the Australian Wheat Board (section 6), which is a body corporate with perpetual succession and the capacity to sue and be sued, acquire and dispose of property, and authenticate documents. The Board's membership includes a Chairman, a commerce expert, a finance member, a flour mill owner, an employee representative, and wheat growers from various states (section 7). The Minister has the authority to remove Board members under certain conditions and to appoint temporary members if needed (sections 8 and 9).
- The Act imposes several obligations on the parties it governs. The Australian Wheat Board is responsible for the stabilization of the wheat industry, including the purchase, sale, and marketing of wheat (section 13). It can license receivers to handle wheat on its behalf and enter into agreements with overseas agents (sections 11 and 12). Members of the Board are required to exercise proper care over wheat in their possession (section 25), and the Board must maintain an account at the Commonwealth Bank (section 29). The Act also outlines the procedure for determining the price to be paid for wheat delivered to the Board (section 20) and mandates that the accounts of the Board be audited by the Auditor-General (section 32).
- The Act establishes several offences and penalties for breaches. Unauthorized dealings with wheat, such as selling or exporting wheat without consent, carry a penalty of three times the value of the wheat or imprisonment for six months, or both (section 19). Failure to comply with provisions of the Act or related regulations is an offence punishable by a fine of One Hundred Pounds or imprisonment for six months (section 34). Additionally, any person who refuses or fails to comply with a requirement to furnish information to the Board, or who furnishes false or misleading information, is subject to the same penalty (section 24).
- Finally, the Act includes provisions for the operation of state laws, stating that state laws that do not conflict with the Act will continue to apply (section 33). It also authorizes the Governor-General to make regulations necessary for the implementation of the Act, with penalties for breaches of these regulations (section 35). The Act specifies that it will cease to apply to wheat harvested after 30 September 1953, unless otherwise provided by Parliament (section 38).
- Area of Law
- Commercial Law
- Regulatory Standards
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers