Wheat Marketing Amendment Act 1984

Overview

The Wheat Marketing Amendment Act 1984 was enacted to amend the Wheat Marketing Act 1979 and address various issues related to wheat marketing in Australia. This Act was assented to on 25 October 1984 by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia. The policy objective of this Act was to refine the financial management and operational procedures within the wheat marketing sector, ensuring a more efficient and transparent system for the marketing of wheat. Through its amendments, the Act aimed to provide better financial oversight, more accurate net pool return calculations, and improved procedures for handling excess funds within the marketing framework.

Scope and Application

The Wheat Marketing Amendment Act 1984 amends the Wheat Marketing Act 1979, which governs the marketing of wheat in Australia, with amendments that specifically affect the calculation and application of the net pool return rate and the management of excess funds in the Wheat Marketing Fund. This legislation applies to the Board established under the Principal Act, which is responsible for the marketing of wheat, and to all entities and individuals involved in the wheat industry, including farmers, exporters, and the Commonwealth and state governments. The Act's jurisdictional reach is federal, applying across Australia. Notably, the Act includes provisions for the Board to write off bad debts and to adjust payments based on quality allowances, which are determined according to the quality of wheat relative to Australian Standard White Wheat. The Act also sets out specific procedures for the payment of excess funds from the Wheat Marketing Fund to the Board and for the payment of amounts when the guaranteed minimum price exceeds the net pool return rate. The Act can extend or restrict its application through subordinate instruments, which may include regulations that further define the operation of the provisions set out in the Act.

Key Provisions

The Wheat Marketing Amendment Act 1984 (section 3) amends Section 9 of the Wheat Marketing Act 1979 to include any amount deemed to be a bad debt by the Board as a cost in the calculation of the net pool return for wheat. Section 10 of the Principal Act is also amended to detail how the Minister determines the net pool return rate, which involves adjustments for quality allowances. Further, Section 22a of the Principal Act is altered to allow the Board to offset amounts payable to it against amounts it owes to others (section 5). The Act also modifies Section 43 to ensure that any excess in the Fund over $100,000,000 is paid to the Board (section 6). Finally, Section 49 is amended to mandate a payment to the Board if the guaranteed minimum price for wheat exceeds the net pool return rate (section 7). The Wheat Marketing Amendment Act 1984 imposes several obligations on the Board and the Minister. It mandates the Board to account for certain bad debts as costs when calculating the net pool return (section 3). It also requires the Minister to determine the net pool return rate by considering quality allowances (section 4). Additionally, it obligates the Board to offset certain payments to it against amounts it owes to others (section 5). Furthermore, the Act requires the Minister to ensure any excess funds in the Fund exceeding $100,000,000 are paid to the Board (section 6). Lastly, it requires the Minister to ensure that if the guaranteed minimum price for wheat exceeds the net pool return rate, a payment is made to the Board (section 7). Breaches of the provisions of the Wheat Marketing Amendment Act 1984 may result in civil or criminal penalties, depending on the severity and intent of the breach. The Act does not specify particular offences or penalties; however, as amendments to an existing Act, it is likely that any breaches would be subject to the penalties outlined in the Wheat Marketing Act 1979. These could include fines and, in more serious cases, imprisonment. The exact penalties would be determined by the courts based on the nature and circumstances of the offence.