Wheat Marketing Amendment Act 1992

Overview

The Wheat Marketing Amendment Act 1992 is an Act of the Parliament of Australia that amends the Wheat Marketing Act 1989. The primary purpose of this Act is to extend the scope of the Wheat Marketing Board's activities to include value adding activities, thereby enhancing the economic benefits for Australian grain growers. This Act was introduced to address the need for the Wheat Marketing Board to diversify its functions beyond the traditional marketing of wheat and to engage in activities that increase the value of grain or grain products, such as processing and manufacturing, as well as the promotion of these activities. The policy objective of this legislation is to facilitate the participation of the Wheat Marketing Board in value adding activities, thereby supporting the growth and development of the grain industry in Australia. The Wheat Marketing Amendment Act 1992 modifies various sections of the Wheat Marketing Act 1989 to incorporate these new functions and objectives. It redefines key terms, expands the Board's functions, and grants it new powers to engage in value adding activities. Additionally, the Act updates borrowing provisions and financial arrangements to accommodate these expanded activities, ensuring that the Board's operations remain within the legislative framework. This amendment aims to enhance the Board's capacity to contribute to the economic prosperity of the grain industry and to provide greater benefits to Australian grain growers.

Scope and Application

The Wheat Marketing Amendment Act 1992 amends the Wheat Marketing Act 1989 to extend the scope and functions of the Wheat Marketing Board, which was established under the Principal Act. The amendments allow the Board to participate in and engage in value adding activities, which are defined as activities that increase the value of grain or grain products, including processing, manufacturing, and promotion. The Act applies to the Board, its wholly owned subsidiaries, and any entities with which the Board enters into agreements or arrangements. The amendments are applicable nationally, as they pertain to the Commonwealth and its operations across Australia. While the Act primarily extends the Board's activities, it also includes provisions to ensure that any entities engaging in value adding activities under an agreement with the Board remain aligned with the Board's functions and objects. The Act's application may be further extended or restricted through subordinate instruments, though the primary legislative text does not elaborate on such possibilities.

Key Provisions

The Wheat Marketing Amendment Act 1992 (sections 1 to 13) amends the Wheat Marketing Act 1989, introducing new provisions primarily focused on value adding activities. Section 3 amends the definition of "borrowing" to include the Board and its wholly owned subsidiaries, while Section 4 expands the objects of the Board to include participation in value adding activities for the benefit of Australian grain growers. Section 5 revises the functions of the Board to incorporate value adding activities and Section 6 adjusts the powers of the Board to include engaging in such activities. These changes are crucial as they expand the scope of the Board's operations beyond traditional wheat marketing to include activities that enhance the value of grain and grain products. The Act imposes several obligations on the Board and related entities. Section 7 modifies the conditions under which the Minister must grant permission for a company or body to operate, ensuring their activities align with the Board's objectives, particularly in relation to value adding activities. Section 13 further stipulates that agreements or arrangements with the Board must include provisions for termination if the involved parties cease to engage in activities consistent with the Board’s functions or objects. These provisions ensure that any entity engaging with the Board remains aligned with its expanded mandate, particularly in value adding activities. Offences and penalties for breaches of this Act are not explicitly detailed within the provided text, but under general Australian legislative principles, breaches of statutory provisions can lead to civil or criminal consequences, including fines and imprisonment. For instance, failing to comply with the Board's functions or engaging in unauthorized activities could potentially result in penalties under the Wheat Marketing Act 1989 or other relevant legislation. The absence of specific penalties in the Wheat Marketing Amendment Act 1992 suggests that existing provisions from the Wheat Marketing Act 1989 or other statutes would apply.