Wheat Marketing Regulations (Amendment) 1994 No. 105
EXPLANATORY STATEMENT
STATUTORY RIMES 1994 No. 105
Issued by Authority of the Minister for Primary industries and Energy
WHEAT MARKETING ACT 1989
WHEAT MARKETING REGULATIONS (AMENDMENT)
The purpose of the regulations is to expand the definition of 'grain' under subsection 3(1) of the Wheat Marketing Act 1989 (the Act) to include pasture, tree and horticultural seeds. This will enable the Australian Wheat Board's (AWB) analytical and research division (the Academy of Grain Technology - AGT) to resume testing of these seeds in addition to its on-going role of testing the common cereal grains currently included in the definition of 'grains'.
For some time the AGT has been testing seeds other than those currently included in the definition of 'grain'. The basis of that activity has been legal advice that it could test non-grain seeds provided the AGT was using genuine excess capacity which could not be used on grains, it was necessary and convenient to maintain that capacity, or a small amount of such non-grain testing was incidental to or convenient for the performance of the AWB's functions.
In November 1993 the AGT took over the seed testing activity (including the equipment and most staff) of the Victorian Department of Agriculture's seed testing laboratory. That laboratory tested a range of seeds including grains as currently defined in the Act, but A major proportion of its activity was to test non-grain seeds (namely, pasture, tree and horticultural seeds). The acquisition of the laboratory's facilities by the AGT is in the interests of the grains and seeds industries, it enhances the AGT's future capabilities and is supported by key industry organisations. However, the acquisition took the AGTIS activities in non-grain areas beyond the scope of the previous legal advice and therefore beyond the powers of the Act. The AWB has now brought the operations of the AGT into line with the Act and testing of pasture, tree and horticultural seeds has ceased.
These regulations will enable the AGT to resume testing of pasture, tree and horticultural seeds as soon as possible in the interests of the those sectors of the seeds industry. However, legal advice is that due to the wording of the provisions of the Act these regulations will also enable the AWB to use its powers under the Act to, for example, trade in those seeds. The AWB does not seek such wider powers over those seeds and it is expected that these regulations will only be used by the AWB to enable the AGT to recommence testing of pasture, tree and horticultural seeds.
These regulations are therefore an interim measure and an amendment of the Act is proposed which would allow the AWB's powers to be limited to seed testing for only some of the products included under the definition of grain.
Details of the regulations are as follows:
Regulation 1: Provides for the amendment of the Wheat Marketing Regulations.
Regulation 2: Inserts new regulation 2A which declares pasture, tree and horticultural seeds to be grain for the purposes of the definition of 'grain, in subsection 3(1) of the Act.
Overview
The Wheat Marketing Regulations (Amendment) 1994 No. 105 was enacted to address the gap in the Wheat Marketing Act 1989, which did not include pasture, tree, and horticultural seeds within the definition of 'grain'. This was a significant issue for the Australian Wheat Board's analytical and research division, the Academy of Grain Technology (AGT), which had been testing these non-grain seeds informally under certain conditions. The acquisition of the Victorian Department of Agriculture's seed testing laboratory by the AGT in November 1993, which had a major focus on non-grain seeds, further highlighted the need for legislative amendment. The regulation was issued by the Minister for Primary Industries and Energy to ensure that the AGT could legally resume testing of these additional seeds, thereby supporting the grains and seeds industries and enhancing the AGT's capabilities. The policy objective was to allow the AGT to legally test a broader range of seeds while ensuring that the AWB's powers remain focused on seed testing activities.
Scope and Application
The Wheat Marketing Regulations (Amendment) 1994 No. 105 serves to amend the Wheat Marketing Act 1989 by expanding the definition of 'grain' to encompass pasture, tree, and horticultural seeds. This amendment is specifically designed to facilitate the Australian Wheat Board's analytical and research division, known as the Academy of Grain Technology (AGT), to resume testing of these additional seed types, which were previously beyond the legal scope of the Act. The regulation is targeted towards the AGT and the broader grains and seeds industry, ensuring that the AGT's operations align with the powers granted by the Act. Geographically, these regulations apply at a national level, impacting the entire grains and seeds industry across Australia. It is noteworthy that the regulations do not extend the AWB's powers beyond seed testing, thereby restricting the broader application of the Act to trading or other activities involving these seeds. This amendment is intended as an interim measure until a more comprehensive legislative change is enacted to further limit the AWB's powers to seed testing activities only.
Key Provisions
The Wheat Marketing Regulations (Amendment) 1994 No. 105 primarily introduces changes to the definition of 'grain' under subsection 3(1) of the Wheat Marketing Act 1989 (the Act) (s. 1). This amendment broadens the definition to include pasture, tree, and horticultural seeds. This change is essential for the Academy of Grain Technology (AGT), an analytical and research division of the Australian Wheat Board (AWB), to resume testing of these additional seed types alongside the common cereal grains already within the definition of 'grain'. The aim is to enable the AGT to leverage its capabilities in seed testing to benefit the grains and seeds industries.
These regulations impose specific obligations on the AWB and the AGT. Firstly, the AWB must ensure that any testing of seeds under the expanded definition of 'grain' is conducted in accordance with the Act. This includes adhering to the provisions and requirements set out in the Wheat Marketing Act 1989 and the amended Wheat Marketing Regulations. The AGT, as a division of the AWB, must specifically ensure that its testing activities are aligned with these legal frameworks, especially considering the new inclusion of pasture, tree, and horticultural seeds.
Any breach of the Wheat Marketing Act 1989 or the amended Wheat Marketing Regulations could result in various legal consequences. Under the Act, individuals or entities found to be in violation of its provisions may face penalties. For example, individuals could be subject to fines, imprisonment, or both, depending on the severity of the breach. Specifically, the Act may provide for penalties such as fines up to a certain amount or imprisonment for a specified period. However, the exact penalties are not detailed in the provided explanatory statement. It is essential for the AWB and the AGT to comply strictly with the Act and the regulations to avoid these potential penalties and ensure their activities remain within the legal boundaries set forth by the Wheat Marketing Act 1989.