Wheat Marketing Amendment Act 1983

Overview

The Wheat Marketing Amendment Act 1983 was enacted to address specific issues identified in the Wheat Marketing Act 1979, primarily concerning the financial operations of the wheat marketing board. The Act was passed by the Queen, with the assent of both the Senate and the House of Representatives of the Commonwealth of Australia. One of the key issues addressed by this legislation was the expansion of the Board's powers to raise funds both domestically and internationally, as well as the cessation of certain payments to the Board effective from 30 June 1983. The intent of these amendments was to enhance the Board's financial flexibility and to ensure fiscal discipline by limiting certain payments. This amendment aimed to provide clarity and better control over the financial activities of the Board in the context of wheat marketing.

Scope and Application

The Wheat Marketing Amendment Act 1983 amends the Wheat Marketing Act 1979 to expand the powers of the Board in relation to raising moneys and managing commercial borrowings. This Act applies to the Board established under the Wheat Marketing Act 1979, enabling it to exercise its powers both within and outside Australia, thereby extending its jurisdictional reach. Additionally, the Act alters the provisions concerning payments to the Board in respect of commercial borrowings by stipulating that no payment shall be made to the Board on or after 30 June 1983. The Act’s amendments are specifically targeted at refining the financial management and borrowing powers of the Board, without introducing any explicit exclusions or exemptions, and it applies to the Commonwealth of Australia, impacting the national wheat marketing industry directly. Subordinate instruments may further extend or detail the application of these provisions, though the Act itself does not explicitly provide for this.

Key Provisions

The Wheat Marketing Amendment Act 1983 (Act) amends the Wheat Marketing Act 1979 (Principal Act) in several key areas. Firstly, Section 3 of the Act allows the Board to exercise certain powers both within and outside Australia, expanding their operational scope beyond the domestic environment. Specifically, the amendments to Section 44 of the Principal Act enable the Board to use its powers under subsections (3) and (5) outside Australia, potentially facilitating international transactions and collaborations. In terms of obligations, Section 4 of the Act introduces a significant change by prohibiting any payments to the Board on or after 30 June 1983. This is achieved by inserting a new subsection (3d) into Section 46 of the Principal Act, clearly stipulating that no payment to the Board should be made post this date. This restriction aims to align with budgetary constraints or policy changes effective from that date. The Act also outlines consequences for non-compliance. Although the Act does not explicitly state penalties for breaches, it is implied that any failure to adhere to the provisions, particularly the cessation of payments from 30 June 1983, could lead to legal ramifications under the Principal Act or related legislation. The absence of explicit penalties in this particular Act suggests that existing laws would be applied to handle any breaches, potentially including fines or other civil consequences as stipulated elsewhere in the Principal Act.