Wheat Research Amendment Act 1984

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Wheat Research Amendment Act 1984

No. 145 of 1984

 

An Act to amend the Wheat Research Act 1957

[Assented to 25 October 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Wheat Research Amendment Act 1984.

(2) The Wheat Research Act 19571 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Wheat Marketing Act 1984 comes into operation.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “Committee” in sub-section (1) the following definition:

“Board’ means the Australian Wheat Board;”; and


(b) by inserting after the definition of “Department of Agriculture” in sub-section (1) the following definition:

“permit’ means a permit under section 22 of the Wheat Marketing Act 1984 or under the corresponding provision of a State Act relating to the marketing of wheat;”.

Moneys to be paid into the Account

4. Section 5 of the Principal Act is amended—

(a) by inserting after paragraph (1) (aa) the following paragraph:

“(ab) amounts equal to the amounts referred to in paragraph 6 (a) of the Wheat Tax (Permit) Act 1984 that would have been received under that Act in respect of permits issued by the Board with respect to a particular season if the total quantity of wheat authorized by those permits to be purchased during that season had been the same as the total quantity of wheat that was purchased under those permits during that season;”;

(b) by omitting from paragraph (1) (b) “and (aa)” and substituting “, (aa) and (ab)”;and

(c) by omitting from sub-section (2) “paragraphs (a), (aa) and (b) of the last preceding sub-section” and substituting “paragraphs (1) (a), (aa), (ab) and (b)”.

Separate accounts to be kept

5. Section 6 of the Principal Act is amended—

(a) by inserting before paragraph (1) (a) the following paragraph:

“(aa) the amounts paid into the Account in accordance with paragraph 5 (1) (ab), not being amounts to which sub-section (2) applies;”;

(b) by omitting from paragraph (2) (aa) “and”; and

(c) by inserting after paragraph (2) (aa) the following paragraph:

“(ab) the amounts paid into the Account as amounts equal to the amounts referred to in paragraph 6 (a) of the Wheat Tax (Permit) Act 1984 that would have been received under that Act in respect of permits issued in the State by the Board with respect to a particular season under a provision of a State Act corresponding to section 22 of the Wheat Marketing Act 1984 if the total quantity of wheat authorized by those permits to be purchased during that season had been the same as the total quantity of wheat that was purchased in the State under those permits during that season; and”.

Formal amendments

6. The Principal Act is amended as set out in the Schedule.

—————


SCHEDULE Section 6

FORMAL AMENDMENTS

Paragraph 6 (1) (a)—

Omit “(b) of sub-section (1) of the last preceding section”, substitute “5 (1) (b)”.

Paragraph 6 (1) (b)—

Omit “(c) of that sub-section, not being amounts to which the next succeeding sub-section applies”, substitute “5 (1) (c), not being amounts to which sub-section (2) of this section applies”.

Sub-section 6 (3)—

Omit “(d) of sub-section (1) of the last preceding section”, substitute “5 (1) (d)”.

Sub-section 7 (1)—

(a) Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

(b) Omit “(1) of the last preceding section”, substitute “6 (1)”.

Paragraph 7 (1) (a)—

Omit “the next succeeding section”, substitute “section 8”.

Sub-section 7 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 7 (3)—

Omit “(2) of the last preceding section”, substitute “6 (2)”.

Paragraph 7 (3) (a)—

Omit “the next succeeding section”, substitute “section 8”.

Section 8—

Omit “the last preceding section”, substitute “section 7”.

Paragraph 8 (b)—

Omit “the last preceding paragraph”, substitute “paragraph (a)”.

Paragraph 8 (e)—

Omit “of this section”.

Sub-section 9 (3)—

Omit “Wheat Growers’ “, substitute “Wheatgrowers’“.

Paragraph 12 (b)—

Omit “(1) of section 6”, substitute “6 (1)”.

Paragraph 13 (2) (b)—

Omit “Wheat Growers’“, substitute “Wheatgrowers’“.

Sub-section 14 (4)—

Omit “any of the last three preceding sub-sections”, substitute “sub-section (1), (2) or (3)”.

Sub-section 14 (5)—

Omit “the preceding provisions of”.


Section 16—

Omit “(3) of section 7”, substitute “7 (3)”.

Sub-section 17 (1)—

Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Sub-section 17 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Section 19—

Omit the section, substitute the following section:

Regulations

“19. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.”.

 

NOTE

1. No. 22, 1957, as amended. For previous amendments, see No. 117, 1978; No. 172, 1979; and No. 80, 1982.

Overview

The Wheat Research Amendment Act 1984 was enacted to amend the Wheat Research Act 1957, addressing the need to update the legislative framework for wheat research in Australia to align with new developments and requirements. Enacted by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia, this Act seeks to enhance the efficiency and relevance of wheat research funding and administration. The Wheat Research Amendment Act 1984 aims to integrate the changes necessitated by other related legislation, such as the Wheat Marketing Act 1984 and the Wheat Tax (Permit) Act 1984, ensuring a cohesive and contemporary approach to wheat research governance. The policy objective is to facilitate smoother operations and more effective oversight within the wheat industry by updating references, definitions, and financial procedures in the principal Act.

Scope and Application

The Wheat Research Amendment Act 1984 amends the Wheat Research Act 1957 to refine the mechanisms through which moneys are paid into the Wheat Research Account. The Act applies to the Australian Wheat Board and any other entities involved in the marketing and research of wheat within the Commonwealth of Australia. The amendments include adjustments to the definition of terms such as "Board" and "permit," and modify the financial transactions that are subject to the Act, specifically relating to the payment of wheat taxes and levies. These changes ensure that the funds collected are accurately accounted for and directed towards wheat research purposes. The Act extends its reach to the entire Commonwealth, thereby affecting all states and territories in Australia. The amendments do not exclude any specific entities or transactions but rather aim to provide a clearer framework for the financial management of wheat research funds. The Act also empowers the Governor-General to make regulations necessary for its implementation, thereby allowing for flexibility in administration and enforcement.

Key Provisions

The Wheat Research Amendment Act 1984 (section 1) amends the Wheat Research Act 1957. The Act's commencement is linked to the Wheat Marketing Act 1984 (section 2). Section 3 of the Principal Act is amended to redefine terms, specifically adding definitions for "Board" as the Australian Wheat Board, and "permit" in the context of wheat marketing (section 3). Section 5 of the Principal Act is revised to include amounts derived from permits issued by the Board, which must be paid into the Account (section 4). This revision also adjusts references to ensure consistency across the amended sections. Section 6 of the Principal Act is similarly updated to require separate accounts for certain amounts, including those specified in Section 5 (section 5). The Wheat Research Amendment Act 1984 imposes specific obligations on parties involved in wheat marketing. The Board, for example, must ensure that the correct amounts derived from wheat permits are paid into the designated Account. The Act also requires the keeping of separate accounts for certain funds, ensuring transparency and accountability in financial transactions related to wheat marketing (sections 4 and 5). These obligations are crucial for maintaining the integrity of the financial records associated with wheat permits and the Wheat Research Account. Breaches of the obligations imposed by the Wheat Research Amendment Act 1984 may lead to civil or criminal consequences. While specific penalties are not detailed in the Act, non-compliance with financial reporting and payment requirements can result in legal action. The Act does not explicitly state maximum penalties, but penalties for similar breaches in other legislation may serve as a reference. The overarching intent is to enforce compliance through legal means to uphold the integrity of the wheat marketing and research systems (sections 4 and 5).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.