Wheat Marketing Amendment Regulations 1999 (No. 1) 1999 No. 100
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 100
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Wheat Marketing Amendment Regulations 1999 (No. 1)
The Wheat Marketing Amendment Regulations 1999 (No. 1) make consequential amendments to the Wheat Marketing Regulations (Statutory Rules 1990 No.27) made under the Wheat Marketing Act 1989, to reflect the cessation of the statutory Australian Wheat Board's (AWB) marketing and related functions from 1 July 1999.
Subsection 94(1) of the Wheat Marketing Act 1989 as amended by the Wheat Marketing Legislation Amendment Act 1998 (the amended WMA) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Background/context
From 1 July 1999, under the amended WMA, the Wheat Export Authority (WEA) will become the successor to the Australian Wheat Board (AWB). The WEA will have functions related to the export control of wheat which was previously a function of the AWB. The AWB's former commercial wheat marketing and financing activities and most of its assets and liabilities will be taken over from 1 July 1999 by the grower owned Corporations Law company, AWB Ltd. Wheat marketing and financing will then no longer be the responsibility of the Commonwealth Government.
The Regulations make consequential amendments to the Wheat Marketing Regulations (Statutory Rules 1990 No.27) made under the WMA, to reflect the cessation of the statutory AWB's marketing and related functions.
Details of the Regulations are as follows:
Regulation 1 names the regulations the Wheat Marketing Amendment Regulations 1999 (No. 1).
Regulation 2 provides for the Wheat Marketing Amendment Regulations 1999 (No. 1) to commence on 1 July 1999.
Regulation 3 provides that the Wheat Marketing Regulations are amended as set out in Schedule 1 of the neat Marketing Amendment Regulations 1999 (No. I).
Schedule 1 - Amendments
Item 1 amends the name of the Wheat Marketing Regulations to the Wheat Marketing Regulations 1990 to conform with current practice.
Item 2 amends the heading to regulation 2 regarding definition of terms, to conform with current practice.
Item 3 repeals the definition of 'grain' which applied the operations of the AWB prior to its privatisation.
Item 4 amends subregulations 3(1) and (2) to remove references to Section 7 of the WMA which will be repealed from 1 July 1999. That Section provided for regulations to override certain State laws related to grain storage, handling and transport, and wheat marketing, in respect of contracts related to export and/or interstate trade by the statutory AWB. Grain marketing by the statutory AWB will cease after 1 July 1999. However, the override provisions will continue to apply to corporations including AWB Ltd.
Item 5 removes the now out-dated provision which required consultation with the States and others, before 1995, on the operation of the Wheat Marketing Regulations.
Overview
The Wheat Marketing Amendment Regulations 1999 (No. 1) were enacted to align the Wheat Marketing Regulations with the structural changes occurring in the wheat industry on 1 July 1999. This legislation was introduced in response to the cessation of the statutory Australian Wheat Board's (AWB) marketing and related functions, a transition mandated by the Wheat Marketing Legislation Amendment Act 1998. The Wheat Marketing Amendment Regulations 1999 (No. 1) were issued under the authority of the Minister for Agriculture, Fisheries and Forestry, in accordance with the Wheat Marketing Act 1989, which empowers the Governor-General to make regulations necessary for the implementation of the Act. The primary policy objective of these regulations is to ensure a seamless transition by updating regulatory frameworks to reflect the new roles and responsibilities of the Wheat Export Authority (WEA) and AWB Ltd, thereby maintaining the integrity and efficiency of wheat marketing and export processes.
Scope and Application
The Wheat Marketing Amendment Regulations 1999 (No. 1) are subsidiary legislation enacted under the Wheat Marketing Act 1989, aimed at making necessary amendments to the Wheat Marketing Regulations 1990 to reflect the cessation of the statutory Australian Wheat Board’s marketing and related functions from 1 July 1999. The Act applies to the Wheat Export Authority (WEA) and the Corporations Law company, AWB Ltd, which succeeded the AWB’s functions and assets respectively. The Regulations are made pursuant to the authority granted under subsection 94(1) of the Wheat Marketing Act 1989, ensuring that they are not inconsistent with the Act and are necessary to carry out or give effect to it. These Regulations primarily address the transition from the statutory AWB to the WEA and AWB Ltd by amending the Wheat Marketing Regulations to reflect the new arrangements. This includes updating terminology, repealing outdated provisions related to the AWB’s operations, and modifying certain regulatory provisions to align with the new structure.
Key Provisions
The Wheat Marketing Amendment Regulations 1999 (No. 1) primarily amend the Wheat Marketing Regulations (Statutory Rules 1990 No.27) to reflect the cessation of the Australian Wheat Board's (AWB) marketing and related functions as of 1 July 1999. Regulation 1 identifies these regulations, while Regulation 2 sets the commencement date of 1 July 1999. Regulation 3 details the amendments, which are outlined in Schedule 1.
Schedule 1 includes several key amendments. Item 1 updates the name of the Wheat Marketing Regulations to Wheat Marketing Regulations 1990, aligning with current practices. Item 2 revises the heading of regulation 2, concerning the definition of terms, to conform with modern usage. Item 3 repeals the definition of 'grain' that applied to the operations of the AWB before its privatisation. Item 4 modifies subregulations 3(1) and (2) to remove references to Section 7 of the Wheat Marketing Act 1989, which will be repealed from 1 July 1999. This section previously allowed regulations to override certain state laws related to grain storage, handling, transport, and wheat marketing in respect of contracts related to export and/or interstate trade by the statutory AWB. Although grain marketing by the statutory AWB will cease after 1 July 1999, the override provisions will remain in effect for corporations including AWB Ltd. Lastly, Item 5 removes the outdated provision that required consultation with the states and others before 1995 on the operation of the Wheat Marketing Regulations.
The Wheat Marketing Amendment Regulations 1999 (No. 1) impose several obligations on the parties and entities governed by the Wheat Marketing Act 1989. These amendments necessitate the adjustment of regulatory definitions and references to align with the new structure following the AWB's privatisation. For instance, the removal of the 'grain' definition and the outdated consultation requirements indicates a shift in how wheat marketing and related activities are to be managed post-privatisation. Furthermore, the continued application of override provisions to corporations like AWB Ltd highlights the ongoing regulatory oversight necessary to ensure compliance with federal standards, despite the change in the statutory body responsible for wheat marketing.
The Wheat Marketing Amendment Regulations 1999 (No. 1) do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any breaches of the Wheat Marketing Act 1989 or its associated regulations could potentially result in civil or criminal penalties as prescribed by the Act. Given the significant changes to the regulatory framework, compliance with the amended regulations is crucial to avoid any legal repercussions. The Wheat Marketing Act 1989 itself may provide for fines or other penalties for non-compliance, but the exact penalties would need to be referred to in the Act's text. It is essential for parties involved in wheat marketing to familiarise themselves with the updated regulations to ensure adherence and avoid potential legal issues.