Wheat Marketing Regulations (Amendment) 1993 No. 195
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 195
Issued by the Authority of the Minister for Primary Industries and Energy.
WHEAT MARKETING ACT 1989
WHEAT MARKETING REGULATIONS (AMENDMENT)
Subsection 94(1) of the Wheat Marketing Act 1989 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
Subsection 94(2) of the Act provides that regulations prescribing a State or Territory enactment for the purposes of Section 7 or Section 88 shall not be made unless the Minister has notified the Minister of the State or Territory responsible for the administration of the enactment of the subject matter of the regulations.
The prescription enables the Australian Wheat Board and trading corporations to market grain without incurring any liability under prescribed State enactments, where the grain is sold interstate or is destined for export. The main concern is to ensure effective and competitive export trading powers.
Since the Wheat Marketing Regulations (Regulations) were made in 1990, the Queensland Grain Handling Act 1983 and the Wheat Pool Act 1920, sections of which were prescribed in Regulation 3, have been repealed by the Queensland Grain Industry (Restructuring) Act 1991 (the Restructuring Act).
The Restructuring Act abolished a number of Queensland grain statutory marketing bodies, establishing a grower co-operative, GRAINCO in their place, and for a limited period gives GRAINCO exclusive rights to compulsorily acquire wheat and to store and handle grains for export at the three main Queensland ports. These provisions are similar to the powers which were available to the previous statutory authorities and which were prescribed in the Regulations.
The proposed amendments to the Regulations will ensure consistency with the present Queensland legislation and will not alter the principles already contained therein. The amending regulations will replace the current references in the Regulations to sections of the repealed Acts mentioned above, with references to the equivalent sections of the Restructuring Act.
The Queensland Minister for Primary Industries has been notified of the subjectmatter of the proposed amendments to the Regulations as required under subsection 94(2) of the Act.
Details of the proposed neat Marketing Regulations (Amendment) are as follows:
Regulation 1 - Provides for these regulations to amend the Wheat Marketing Regulations.
Subregulation 2.1: amends paragraph 3(1)(c) such that the current reference to section 26 of the Queensland Grain Handling Act 1983 will be replaced by sections 68 and 70 of the Queensland Grain Industry (Restructuring) Act 1991 which give exclusive rights to the grower co-operative GRAINCO to store and handle grain for export at the three main Queensland ports.
Subregulation 2.2: amends paragraph 3(2)(b) such that the current reference to the Wheat Pool Act 1920 will be replaced by sections 35, 40, 41 and 42 of the Queensland Grain Industry (Restructuring) Act 1991 which refers to vesting and compulsory delivery of wheat.
Overview
The Wheat Marketing Regulations (Amendment) 1993 No. 195 was enacted to amend the Wheat Marketing Regulations made under the Wheat Marketing Act 1989, addressing the changes in Queensland's legislative framework for grain handling and marketing. The Wheat Marketing Act 1989, enacted by the Australian Parliament, was established to facilitate the efficient marketing of wheat, particularly in the context of interstate and export trade, ensuring compliance with state laws while avoiding liabilities under prescribed state enactments. The 1993 Amendment was necessitated by the repeal of the Queensland Grain Handling Act 1983 and the Wheat Pool Act 1920, and their replacement with the Queensland Grain Industry (Restructuring) Act 1991, which established a new grower co-operative, GRAINCO, with exclusive rights to acquire, store, and handle grain for export. The policy objective of the amendment was to maintain consistency with the current Queensland legislation, ensuring that the marketing regulations continue to align with the reformed legislative environment without altering the fundamental principles of the original regulations.
Scope and Application
The Wheat Marketing Regulations (Amendment) 1993 No. 195 pertains to the Wheat Marketing Act 1989 and modifies the Wheat Marketing Regulations to align with the current legislative framework in Queensland. These amendments specifically target the replacement of references to repealed Queensland statutes, such as the Queensland Grain Handling Act 1983 and the Wheat Pool Act 1920, with corresponding sections from the Queensland Grain Industry (Restructuring) Act 1991. The Regulations aim to ensure that the Australian Wheat Board and trading corporations can market grain without liability under prescribed state enactments, particularly for interstate sales or exports. The changes reflect the restructuring of Queensland's grain industry, which established GRAINCO as a grower co-operative with exclusive rights to acquire, store, and handle grain for export. These regulations apply to entities involved in the marketing of wheat, including the Australian Wheat Board and trading corporations, and their scope is limited to interstate and export activities. The amendments do not introduce new principles but rather maintain the existing framework, ensuring regulatory consistency with the Restructuring Act.
Key Provisions
The Wheat Marketing Regulations (Amendment) 1993 No. 195 primarily focus on updating the Wheat Marketing Regulations to align with the changes brought about by the Queensland Grain Industry (Restructuring) Act 1991. Regulation 1 serves as the operative section that amends the existing Wheat Marketing Regulations. Subregulation 2.1 replaces references to the repealed Queensland Grain Handling Act 1983 with references to sections 68 and 70 of the Queensland Grain Industry (Restructuring) Act 1991, which grant exclusive rights to GRAINCO for storing and handling grains for export at the main Queensland ports. Subregulation 2.2 updates references from the Wheat Pool Act 1920 to sections 35, 40, 41, and 42 of the Queensland Grain Industry (Restructuring) Act 1991, which pertain to the vesting and compulsory delivery of wheat.
These amendments impose obligations on the Australian Wheat Board and trading corporations to comply with the updated Queensland legislation. Specifically, they must ensure that their operations align with the new provisions under the Queensland Grain Industry (Restructuring) Act 1991, which governs the rights and responsibilities of GRAINCO in grain handling and export. The amendments ensure that these entities can continue to market grain interstate or for export without incurring liability under the prescribed state enactments, maintaining effective and competitive export trading powers.
The Wheat Marketing Regulations (Amendment) 1993 No. 195 do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, by aligning with the new Queensland legislation, any failure to comply with the updated regulations could potentially result in legal liabilities or disputes under the Queensland Grain Industry (Restructuring) Act 1991. The consequences of non-compliance would likely be determined by the specific provisions and penalties outlined within that act, which may include fines, legal action, or other enforcement measures.