WHEAT INDUSTRY STABILIZATION
AMENDMENT ACT 1976
No. 28 of 1976
An Act to amend the Wheat Industry Stabilization Act 1974.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: —
Short title and citation.
1. (1) This Act may be cited as the Wheat Industry Stabilization Amendment Act 1976.
(2) The Wheat Industry Stabilization Act 1974 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Wheat Industry Stabilization Act 1974-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section 4 of the Principal Act is amended by omitting the definition of “wheat products” and substituting the following definition:—
“‘wheat products’ has the same meaning as in the Wheat Export Charge Act 1974-1976.”.
Home consumption price of wheat.
4. Section 32 of the Principal Act is amended by inserting after sub-section (3) the following sub-sections:—
“(3a) For the purpose of fixing the price under sub-section (2), the Minister shall take into account, as he considers appropriate, increases or decreases, since 1 December 1974, in the value of the labour of owners and other operators of wheat farms in the production of wheat on those farms, calculated by reference to the rates of wages that would be payable to employees for similar labour.
“(3b) In relation to sales of wheat made by the Board during the year that commenced on 1 December 1975 but after the date of commencement of this sub-section, sub-sections (1) and (4) have effect as if the price fixed by the Minister under sub-section (2) in respect of that year had been $99.32 per tonne, being a price arrived at by adding to the price of $98.70 per tonne fixed by the Minister the additional amount, namely 62 cents, that would have been appropriate for inclusion in the price fixed by the Minister if sub-section (3a) had been in force at the time when he fixed that price.”.
Formal amendments.
5. The Principal Act is further amended as set out in the Schedule.
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SCHEDULE Section 5
FORMAL AMENDMENTS
Provision | Amendment |
Preamble.............. | (a) Omit “Australian Parliament” (wherever occurring), substitute “Parliament of the Commonwealth”. (b) Omit “Australia” (wherever occurring), substitute “the Commonwealth”. (c) Omit “Australian Government” (wherever occurring), substitute “Government of the Commonwealth”. |
Sub-section 30(10)....... | Omit “Australia” (first occurring), substitute “the Commonwealth”. |
Sub-section 31(5)........ | Omit “Australia”, substitute “the Commonwealth”. |
Sub-section 32(2)........ | Omit “paragraph 3(c)”, substitute “paragraph (3)(c)”. |
Paragraph 35(2)(b)....... | Omit “Australia”, substitute “the Commonwealth”. |
Sub-section 36(1)........ | Omit “Australia” (first occurring), substitute “the Commonwealth”. |
Sub-section 37(1)........ | Omit “Australia”, substitute “the Commonwealth”. |
Overview
The Wheat Industry Stabilization Amendment Act 1976 was enacted to address issues and make necessary adjustments to the Wheat Industry Stabilization Act 1974. This legislation was passed by the Queen, with the assent of the Senate and House of Representatives of the Commonwealth of Australia. The primary aim of this Act was to make formal amendments to the Principal Act, including the adjustment of references to terms such as "Australian Parliament" to "Parliament of the Commonwealth" and "Australia" to "the Commonwealth". These changes were intended to ensure consistency and alignment with the broader legislative framework of the Commonwealth. The Act also included amendments to the definition of "wheat products" and adjustments to the methodology for fixing the home consumption price of wheat, reflecting changes in the value of labour in wheat production since December 1974.
Scope and Application
The Wheat Industry Stabilization Amendment Act 1976 applies to the Wheat Industry Stabilization Act 1974, which regulates the wheat industry within the Commonwealth of Australia. This Act amends the Principal Act to ensure its continued relevance and effectiveness, particularly concerning the price of wheat and its calculation. It applies to entities involved in the production and sale of wheat within the Commonwealth, including wheat farmers and the Board responsible for wheat sales. The Act's amendments focus on adjusting the price calculation for wheat, taking into account the labour value of wheat farm owners and operators. The Act also contains formal amendments to ensure consistency in terminology, replacing references to "Australian Parliament" and "Australia" with "Parliament of the Commonwealth" and "the Commonwealth," respectively. The Act’s amendments and provisions are designed to maintain stability and fairness within the wheat industry, ensuring that the price of wheat reflects the true costs associated with its production.
Key Provisions
The Wheat Industry Stabilization Amendment Act 1976 (sections 1 to 5) primarily serves to update and refine the Wheat Industry Stabilization Act 1974. Section 1 details the citation and scope of the Act, referring to the Wheat Industry Stabilization Act 1974 as the Principal Act and indicating that the amended Act may be cited as the Wheat Industry Stabilization Act 1974-1976. Section 2 mandates that the Act comes into operation on the day it receives Royal Assent. Section 3 revises the definition of "wheat products" to align with the Wheat Export Charge Act 1974-1976. Section 4 introduces new subsections to section 32 of the Principal Act, requiring the Minister to consider changes in the value of labour in wheat farm production when setting the home consumption price of wheat. Section 5 details formal amendments to the Principal Act, such as replacing references to "Australian Parliament," "Australia," and "Australian Government" with "Parliament of the Commonwealth," "the Commonwealth," and "Government of the Commonwealth," respectively.
The Wheat Industry Stabilization Amendment Act 1976 imposes several obligations on the parties and entities it governs. Most notably, it mandates the Minister to consider labour value changes in wheat farm production when setting the home consumption price of wheat, as outlined in the new subsections added to section 32 of the Principal Act (section 4). Additionally, the Act requires formal amendments to the Principal Act, including the substitution of specific terms as detailed in section 5 and the Schedule.
Breaches of the obligations and requirements imposed by the Wheat Industry Stabilization Amendment Act 1976 may result in civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance, such breaches could lead to legal actions under the broader Wheat Industry Stabilization Act 1974, potentially resulting in fines or other civil penalties. Furthermore, if the Minister fails to consider the required factors in setting the home consumption price of wheat, this could lead to legal challenges or regulatory actions against the Minister or relevant authorities. The exact penalties for such breaches would be determined in accordance with the prevailing laws and regulations governing the Wheat Industry Stabilization Act 1974.