Sugar Agreement

No. 5 of 1971

An Act to approve an Agreement relating to Sugar, and certain Sugar Products, made between the Commonwealth and the State of Queensland, and for other purposes.

[Assented to 18 March 1971]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Sugar Agreement Act 1971.

Commencement.

2. This Act shall be deemed to have come into operation on the twenty-third day of October, One thousand nine hundred and sixty-nine.

Repeal.

3. The Sugar Agreement Act 1962 and the Sugar Agreement Act 1967 are repealed.

Approval of agreement.

4. The Agreement relating to sugar, and certain sugar products, made on the twenty-third day of October, One thousand nine hundred and sixty-nine, between the Commonwealth and the State of Queensland, being the Agreement a copy of which is set out in the Schedule to this Act, is approved.

Prohibition of importation of sugar, golden syrup and treacle.

5.—(1.) The importation of sugar, golden syrup and treacle into the Commonwealth, except with the consent in writing of the Minister or an authorized officer, is prohibited.

(2.) Sugar, golden syrup and treacle imported into the Commonwealth in contravention of this section shall be deemed to be prohibited imports within the meaning of the Customs Act 1901–1968 and the provisions of that Act relating to prohibited imports apply to sugar, golden syrup and treacle so imported.

(3.) In this section, “authorized officer” means an officer of the Department of Primary Industry authorized in writing by the Minister to give consents under this section.

Certain interest to be credited to the Trust Fund.

6.—(1.) Interest or other income derived from the investment of moneys placed to the credit of the Trust Fund kept in accordance with section 60 of the Audit Act 1901–1969 under the heading “Fruit Industry Sugar Concession Committee Fund” in accordance with paragraph (i) of sub-clause (2.) of clause 8 of the Agreement referred to in section 4 of this Act shall be paid to the credit of the Trust Fund under that heading.

(2.) This section shall be deemed to have had effect on and from the first day of July, One thousand nine hundred and sixty-nine.

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THE SCHEDULE Section 4.

SUGAR AGREEMENT 1969

An Agreement made this 23rd day of October One thousand nine hundred and sixty-nine between The Commonwealth of Australia (in this agreement called ‘the Commonwealth’) of the one part and The State of Queensland (in this agreement called ‘the State’) of the other part.

Whereas—

(a) by various agreements made between the Commonwealth and the State as varied from time to time by agreements supplemental thereto, provision was made, amongst other things, for the State to make sugar and other products available during the agreed periods, at the prices and upon the terms and conditions respectively specified in the agreements;

(b) it has been agreed between the Commonwealth and the State that the Sugar Agreement 1962 as varied by the Supplemental Sugar Agreement 1967 and as subsequently varied from time to time would continue to apply with respect to the period commencing on the first day of July, 1969 and ending on the thirty-first day of October, 1969; and

(c) the Commonwealth and the State desire to make further provision, amongst other things, for the State to make sugar and other products available during the period, which commenced on the first day of July, 1969 and will end on the thirtieth day of June, 1974 and for the prices at which and the terms and conditions upon which the sugar and other products will be made available:

Now it is hereby agreed as follows:

Definitions.

1. In this agreement, unless the contrary intention appears—

“clause” means a clause of this agreement;

“the agreed period” means the period commencing on the first day of July, 1969 and ending on the thirtieth day of June, 1974;

‘‘the ESC” means the Export Sugar Committee for which provision is made in clause 14;

“the FISCC” means the Fruit Industry Sugar Concession Committee for which provision is made in clause 7;

“the Minister” means the Minister of State for Primary Industry of the Commonwealth and includes any other Minister of State of the Commonwealth or member of the Federal Executive Council for the time being acting for or on behalf of that Minister;

“the Queensland Sugar Board” means The Sugar Board established by Proclamation under “The Sugar Acquisition Act of 1915” of the State of Queensland;

“the Sugar Agreement 1962” means the agreement made between the Commonwealth and the State the ninth day of April, 1962 a copy of which is set out in the Schedule to the Sugar Agreement Act 1962 as varied by the Supplemental Sugar Agreement 1967 made between the Commonwealth and the State the sixth day of September, 1967, a copy of which is set out in the Schedule to the Sugar Agreement Act 1967 and as subsequently varied from time to time; and

“the Treasurer” means the Treasurer of the Commonwealth and includes such other Minister of State of the Commonwealth or member of the Federal Executive Council as is for the time being acting for and on behalf of the Treasurer.

The Schedule—continued

Commencement.

2. This agreement upon execution by the parties shall be deemed to have come into operation on the first day of July, 1969 and shall supersede the Sugar Agreement 1962 on and from that date but the amounts of rebates paid pursuant to paragraphs (b) and (d) of sub-clause (2.) of clause 8 of the Sugar Agreement 1962 in respect of products manufactured and exported after the thirtieth day of June, 1969 shall not be adjusted so as to exceed the total amount of the rebates which would otherwise be payable under the provisions of this agreement.

Completion of Sugar Agreement 1962.

3. Any obligation or function of the Fruit Industry Sugar Concession Committee and the Export Sugar Committee appointed under clause 7 and clause 14 respectively of the Sugar Agreement 1962 arising under that agreement and remaining unfulfilled or unperformed shall be fulfilled or performed by the FISCC and the ESC respectively in all respects as if the F1SCC and the ESC had been appointed under the Sugar Agreement 1962.

Acquisition of raw sugar.

4. The State shall under its statutory powers in that behalf acquire all raw sugar manufactured from sugar cane grown in Queensland during the seasons of 1969–70, 1970–71, 1971–72, 1972–73 and 1973–74 other than such quantity of raw sugar, not exceeding one per centum of the total quantity of raw sugar manufactured during each of the said seasons in any mill where raw sugar is manufactured, as the owner of any such mill shall desire to retain, use and dispose of for consumption in his mill district.

Purchase of raw sugar.

5. The State shall purchase all raw sugar manufactured from sugar cane grown in New South Wales during the seasons of 1969–70, 1970–71, 1971–72, 1972–73 and 1973–74.

Sugar supply and prices.

6.—(1.) The State shall during the agreed period—

(a) make sugar and other sugar products the product of the raw sugar manufactured during the seasons of 1969–70, 1970–71, 1971–72, 1972–73 and 1973–74 available for sale and delivery in Sydney, Melbourne, Brisbane, Adelaide, Perth, Fremantle, Hobart and Launceston; and

(b) make such sugar and other sugar products available to purchasers at Darwin on a c.i.f. basis ex Sydney or Brisbane less an allowance equivalent to the sum of the following amounts, namely, the amount of the cost of landing such sugar and other sugar products at a Darwin wharf and the amount of the lowest possible cost of conveying them to the Commonwealth Railway Provision Store at Darwin or to any other place of equal distance by rail or road from the Darwin wharf, whichever cost of conveyance is the less,

at prices which shall include the cost of bags and other containers not exceeding the prices specified in this clause in respect of each grade of sugar and each sugar product—

REFINED SUGAR OF 1A GRADE:

Price for not less than half-ton lots for net cash—$206.72 per ton.

REFINED SUGAR OF 1XD GRADE:

Price to manufacturers for net cash—$201.60 per ton.

OTHER GRADES OF SUGAR AND GOLDEN SYRUP AND TREACLE:

These prices shall be fixed at amounts not exceeding the respective proportionate values of such products compared with the above prices for refined sugar of 1A and 1XD grades.

(2.) The prices for all the products specified in sub-clause (1) of this clause except the prices to manufacturers shall be subject to a discount of two and one-half per centum payable monthly to any person, firm or corporation who or which in the opinion of the Queensland Sugar Board—

(a) provides reasonable credit facilities for retailers on a comprehensive range of groceries,

(b) keeps reasonable stocks of such groceries for resale to retailers; and

(c) buys not less than 40 tons of refined sugar of 1A grade or its equivalent in value of all sugar products per calendar month.

The Schedule—continued

Constitution of the FISCC.

7.—(1.) For the purpose of this agreement there shall be a committee to be known as the Fruit Industry Sugar Concession Committee.

(2.) The members of the FISCC shall be appointed by the Minister and shall be composed of one representative of each of the following—

(a) the Commonwealth Government;

(b) the Queensland Sugar Board;

(c) the growers of canning fruits;

(d) the growers of non-canning fruits;

(e) the co-operative and State manufacturers of fruit products; and

(f) the proprietary manufacturers of fruit products.

(3.) The representative of the Commonwealth Government and the representative of the Queensland Sugar Board shall be Chairman and Deputy Chairman respectively of the FISCC and each of the members other than the representative of the Commonwealth Government shall be nominated in a manner approved by the Minister.

(4.) Four members of the FISCC present at any meeting shall constitute a quorum and in the event of the voting on any matter being equal the Chairman of the FISCC or in his absence the Deputy Chairman, or in the absence of both, the person appointed by the FISCC to act as Chairman, may exercise a casting vote as well as a deliberative vote.

(5.) The Chairman may and, if the Minister so directs, shall invite a representative of a section of the fruit growing or fruit processing industries to attend a meeting of the FISCC and a representative so invited may then attend and take part in the proceedings of the meeting but shall not be entitled to vote or be counted in a quorum.

(6.) If a member of the FISCC is unable to attend a meeting he may appoint a proxy to attend the meeting in his place and a proxy so appointed shall be deemed to be that member for the purposes of the meeting.

Assistance to the manufactured fruits industry.

8.—(1.) The State on behalf of the Australian cane sugar industry shall during the agreed period assist the Australian manufactured fruit industry by creating a fund (in this agreement called “the fund”) by an annual contribution of Nine hundred and twenty-four thousand dollars ($924,000.00) payable to the FISCC at the rate of Seventy-seven thousand dollars ($77,000) per month during and until the termination of the agreed period and in addition the State shall reimburse the FISCC by the fifteenth day of each month—

(a) an amount certified by the Chairman of the FISCC as equal to the sum of the rebates paid by the FISCC during the preceding month in accordance with paragraph (d) of sub-clause (2.) of clause 8; and

(b) an amount certified by the Chairman of the FISCC as equal to the sum of the rebates paid or advanced or to be paid by the FISCC in accordance with paragraphs (b) and (cb) of sub-clause (2.) of clause 8 in respect of the fruit products in respect of which rebates in accordance with paragraph (d) of sub-clause (2.) of clause 8 were during the last preceding month paid by the FISCC.

(2.) The FISCC shall be responsible for the due application of the fund in the manner and subject to the conditions specified in this sub-clause, that is to say—

(a) the FISCC shall defray out of the fund the expenses of the FISCC and the ESC including—

(i) administrative expenses;

(ii) committee members’ and proxies’ fees;

(iii) representatives’ fees being fees of persons commissioned to carry out functions including advice and investigations on behalf of the FISCC or ESC but not fees of representatives invited to attend meetings of the FISCC pursuant to sub-clause (5) of clause 7 except as otherwise determined by the Chairman of the FISCC;

(iv) staff members’ salaries;

The Schedule—continued

(v) fares, travelling allowances and related direct expenses of committee members, proxies, staff members and representatives including representatives invited to attend meetings of the FISCC pursuant to sub-clause (5.) of clause 7 travelling on approved FISCC or ESC business;

(vi) costs of office rent, printing, stationery and requisites;

(vii) costs of investigation work;

(viii) the cost of such insurance as the FISCC thinks fit to arrange, the authority of the FISCC in which behalf is hereby acknowledged, covering all those committee members, proxies, staff members and representatives in respect of whom the FISCC is authorised by this paragraph to defray travelling allowances, against the risk of personal injury or death suffered or incurred while engaged or travelling on FISCC or ESC business;

(aa) the amounts of fees and the rates of travelling allowances payable pursuant to sub-paragraphs (ii), (iii) and (v) of the last preceding paragraph shall be as approved from time to time by the Minister;

(b) the FISCC shall, subject to the provisions of this clause and in such manner and subject to such other conditions as it thinks fit to impose, pay to manufacturers who use Australian refined cane sugar in the manufacture of such fruit products as are at the time of manufacture or payment approved by the FISCC for the purposes of this paragraph, a rebate of Fifteen dollars ($15.00) per ton in respect of the Australian refined cane sugar so used during the agreed period;

(c) the FISCC may from time to time declare a reasonable price to apply to any Australian fresh fruit during the period and subject to the conditions expressed in the declaration. The FISCC may from time to time nominate processors from whom fruit pulp, fruit juice or pure fruit essence made from Australian fresh fruit in respect of which it has so declared a reasonable price may be purchased;

(ca) the rebate referred to in paragraph (b) of this sub-clause shall not be payable to a manufacturer unless in the opinion of the FISCC—

(i) all the fresh fruit used by the manufacturer or purchased for the manufacturer to use for such processing purposes as the FISCC determines has been or will be paid for within such period of time as the FISCC determines, at a price not less than the said declared price; or

(ii) the fruit pulp, fruit juice or pure fruit essence so used has been purchased from a processor so nominated;

(cb) where a manufacturer has complied with all the conditions subject to which a rebate under paragraph (b) of this sub-clause is payable, other than the condition contained in paragraph (c) of this sub-clause relating to the payment of a declared price for Australian fresh fruit, the FISCC may advance the whole or such part, as the FISCC determines, of the rebate that would have been payable to the manufacturer if the condition contained in paragraph (c) of this sub-clause had been complied with. The FISCC may impose such conditions for the manner and making of the advance as it thinks fit to impose including a condition that the amount of such an advance or advances shall be repayable by the manufacturer to the FISCC if such declared price is not paid in full within such period or periods of time as may be fixed by the FISCC in connexion with the making of the advance or advances;

(cc) the FISCC may impose a condition whereby a grower of the fruit specified in paragraph (c) of this sub-clause shall be paid interest on such amounts and at such rates as determined by the FISCC where payment of the declared price is not made to the grower by the purchaser of the fruit within a period fixed by the FISCC. The rebate payable under paragraph (b) of this sub-clause shall not be paid until the FISCC is satisfied that such interest has been paid;

(cd) the FISCC may prepare maintain and publish as it thinks fit a list to be known as the “FISCC PULPERS’ LIST” and, subject to any conditions expressed in the list, each processor whose name for the time being appears on the list shall be deemed to have been duly nominated by the FISCC in accordance with and for the purposes of paragraph (c) of this sub-clause;

(d) subject to the provisions of this clause and of clause 16 the FISCC shall, in respect of the Australian refined cane sugar content, being the content determined by the ESC in accordance with paragraph (d) of clause 15, of fruit products for the time being approved by the FISCC under paragraph (b) of this sub-clause which are manufactured

The Schedule—continued

from Australian fruit by a manufacturer approved by the FISCC and which are exported from Australia during the agreed period, pay to the exporter or, if the ESC thinks fit on special grounds, to the manufacturer instead a rebate of the amount of the excess, if any, of the cost of such sugar content calculated at the price of refined sugar of 1XD grade shown in sub-clause (1.) of clause 6 less the rebate shown in paragraph (b) of this sub-clause over the cost of such sugar content calculated at the Australian equivalent of the world sugar parity price at the rates determined from time to time by the ESC in accordance with clauses 14 to 17 (both inclusive) provided however that the rebate payable under this paragraph in respect of fruit products manufactured before the first day of July 1969 and exported subsequently to the thirtieth day of June, 1969 shall be calculated as if the rebate referred to in paragraph (b) of sub-clause (2.) of clause 8 were the rebate referred to in paragraph (b) of sub-clause (2.) of clause 8 of the Sugar Agreement 1962;

(da) a rebate referred to in paragraph (d) of this sub-clause shall not be payable unless—

(i) there has been paid or an undertaking satisfactory to the FISCC has been given that there will be paid a price which is not less than the price declared by the FISCC under paragraph (c) of this sub-clause for the Australian fresh fruit and for the Australian fresh fruit content of the fruit pulp, fruit juice or pure fruit essence used by the manufacturer or purchased for the manufacturer to use, being in either case the manufacturer of the fruit products to which the rebate relates, for such processing purposes as the FISCC from time to time determines; and

(ii) the exporter or manufacturer claiming the rebate complies with such further conditions as the ESC thinks fit to impose including a condition requiring the exporter and the manufacturer of the fruit products the subject of the claim to permit any officer of the Department of Customs and Excise of the Commonwealth and such other persons as are for the time being authorised in that behalf by the ESC to enter and inspect during reasonable hours the premises and such books, documents and records of the exporter and the manufacturer as the ESC may reasonably require to have inspected for the purposes of this agreement and to provide reasonable assistance for those purposes;

(db) the FISCC may, for the purposes of paragraph (d) of this sub-clause, prepare maintain and publish as it thinks fit a list to be known as the “FISCC EXPORT MANUFACTURERS’ LIST” and subject to any conditions expressed in the list, each manufacturer whose name for the time being appears on the list shall be deemed to have been duly approved by the FISCC;

(e) where the ESC reports to the FISCC that the circumstances relating to the destination of a fruit product or class of fruit products upon exportation are such as to warrant a reduction of the rebate provided for under paragraph (d) of this sub-clause, the rebate may be reduced by the FISCC by such amount as the ESC recommends having regard to those circumstances;

(f) if a claim by an exporter or manufacturer for payment of a rebate under paragraph (d) of this sub-clause is not lodged with the person for the time being nominated in that behalf by the ESC within six months after the date of export of the relevant fruit products the FISCC may pay the rebate but, unless the ESC recommends payment, will not be bound to do so and a rebate under paragraph (d) of this sub-clause is not payable if the ESC is of the opinion that its payment is not justified because of the small amount of the relevant claim or the administrative expense of establishing its correctness;

(g) the rebates referred to in paragraphs (b) and (d) of this sub-clause shall be paid only in respect of completely processed fruit products which in the opinion of the FISCC have been made entirely with Australian materials where available and are substantially manufactured from Australian fruit;

(h) the FISCC may, in such manner and subject to such conditions as it thinks fit, apply such moneys as may remain in the fund after payments have been made in accordance with paragraphs (a) to (g) (both inclusive) of this sub-clause for—

(i) the promotion of the use and sale of Australian manufactured fruit products in Australia or overseas;

(ii) scientific or industrial research for the purpose of increasing the yield per acre of Australian fresh marketable fruits required for Australian manufactured fruit products; and

The Schedule—continued

(iii) economic research to ascertain information about Australian fresh marketable fruits required for the Australian manufactured fruits industry;

(i) without prejudice to the power of the FISCC to withdraw all or part of the moneys in the fund for disposition in accordance with this agreement, the FISCC may place all or part of the moneys in the fund to the credit of the Trust Fund under section 60 of the Audit Act 1901-1969 under the heading “Fruit Industry Sugar Concession Committee Fund” and any money in the fund not required for the time being for any payments under this clause may be invested in such manner as the Treasurer from time to time approves. Moneys in the fund which are not held by the Commonwealth on behalf of the FISCC may be lodged by the FISCC on fixed deposit with the Reserve Bank of Australia or invested by the FISCC in any of the securities prescribed by section 62b of the Audit Act 1901-1969. Interest or other income derived from moneys invested shall be paid to the credit of the fund;

(j) the FISCC shall take over the funds standing to the credit of the Fruit Industry Sugar Concession Committee appointed under the Sugar Agreement 1962 at the date upon which this agreement comes into operation and any funds standing to the credit of the FISCC at the expiration of this agreement shall be disposed of as agreed between the parties to this agreement;

(k) except as otherwise provided in this agreement the FISCC shall be bound by the decisions and commitments made pursuant to the Sugar Agreement 1962 by the Fruit Industry Sugar Concession Committee appointed under that agreement; and

(l) the Chairman of the FISCC shall, in respect of each year ending on the thirtieth day of June, and as soon as reasonably practicable thereafter, furnish to the Minister for presentation to the Parliament of the Commonwealth, a report of the work of the FISCC, including a statement of receipts and expenditure by the FISCC under this agreement, certified by the Auditor-General of the Commonwealth.

Rebate on export of other products.

9.—(1.) Subject to the provisions of this clause and of clause 16, the State shall in respect of the Australian cane sugar content, being the content determined by the ESC in accordance with paragraph (d) of clause 15, of processed milk exported from Australia during the agreed period and of such other manufactured goods, except fruit products referred to in paragraph (d) of sub-clause (2.) of the last preceding clause, as are determined from time to time by the Minister on the recommendation of the ESC and are during the agreed period exported from Australia, pay to the exporter or, if the ESC thinks fit on special grounds, to the manufacturer instead a rebate of the amount of the excess of the cost of such sugar content calculated at the relevant price specified in sub-clause (1.) of clause 6 over the cost of such sugar content calculated at the Australian equivalent of the world sugar parity price at the rates determined from time to time by the ESC in accordance with clauses 14 to 18 (both inclusive).

(2.) Where the ESC reports to the State that the circumstances relating to the destination of particular goods or a particular class of goods upon export are such as to warrant a reduction of the rebate provided for under sub-clause (1.) of this clause, the rebate may be reduced by the State by such amount as the ESC recommends having regard to those circumstances.

(3.) Where the goods exported consist of completely processed fruit products manufactured in Australia which have not been made entirely with Australian materials where available or are not substantially manufactured from Australian fruit, but which would have qualified as fruit products for the purposes of paragraph (d) of sub-clause (2.) of the last preceding clause if they had been so made and substantially so manufactured, a rebate under this clause in respect of the Australian refined cane sugar content of those goods shall, if the Minister on the recommendation of the ESC so directs or approves, be reduced by an amount calculated at the rate of rebate provided in paragraph (b) of sub-clause (2.) of the last preceding clause.

(4.) If a claim by an exporter or manufacturer for payment of rebate under this clause is not lodged with the person for the time being nominated in that behalf by the ESC within six months after the date of export, the State may pay the rebate but, unless the ESC recommends payment, will not be bound to do so and a rebate under this clause is not payable if the ESC is of the opinion that its payment is not justified because of the small amount of the relevant claim or the administrative expense of establishing its correctness.

(5.) A rebate referred to in sub-clause (1.) of this clause shall not be payable unless the exporter or manufacturer claiming the rebate complies with such other conditions as the ESC thinks fit to impose including a condition requiring the exporter and the manufacturer of the goods the subject of the claim to permit any officer of the Department of Customs and

The Schedule—continued

Excise of the Commonwealth and such other persons as are for the time being authorised in that behalf by the ESC to enter and inspect during reasonable hours the premises and such books, documents and records of the exporter and the manufacturer as the ESC may reasonably require to have inspected for the purposes of this agreement, and to provide reasonable assistance for those purposes.

Export of surplus sugar.

10. The State shall on behalf of the Australian cane sugar industry accept responsibility for any loss arising from the exportation of surplus cane sugar from Australia.

Control of production.

11. The State shall from time to time during the agreed period take or cause to be taken such action—

(a) in relation to mill quotas and farm peaks; and

(b) under the “The Regulation of Sugar Cane Prices Acts, 1962 to 1966” in relation to the assignment of lands,

as is necessary effectively to control the total production of raw cane sugar and for that purpose may amend those quotas, peaks or Acts, or adopt any other measure which it thinks fit.

Hobart sugar depot.

12. The State, if and when requested by the Commonwealth, shall establish a sugar depot at Hobart but the Commonwealth shall not make such a request unless the request be accompanied by evidence proving that a general shortage of sugar has occurred in Hobart which is due to wholesale merchants in Hobart or the Queensland Sugar Board failing to adhere to the present arrangements whereby special reserve stocks of sugar are supplied to and held by such merchants.

Prohibition of importation of sugar.

13. The Commonwealth shall subject to compliance by the State with clauses 4 to 12 (both inclusive) continue to prohibit the importation of sugar, golden syrup and treacle until the thirtieth day of June, 1974 except—

(a) any foreign sugar that the Commonwealth may after consultation with the State consider to be necessary to meet any deficiency or shortage of sugar in Australia;

(b) any kind of foreign sugar of a quality not available in Australia that may be required for special manufacturing purposes;

(c) any foreign sugar that is temporarily landed in Australia for export to a destination outside Australia;

(d) small quantities of foreign sugar of a kind not readily available in Australia that may be required for scientific research or experimental purposes; and

(e) any Australian sugar that has been returned to Australia.

The Export Sugar Committee.

14.—(1.) For the purposes of this agreement there shall be a committee known as the Export Sugar Committee.

(2.) The members of the ESC shall be appointed by the Minister and shall consist of one representative of each of the following—

(a) the Commonwealth Government;

(b) the Queensland Sugar Board; and

(c) the manufacturers of exported products containing sugar.

(3.) The representative of the Commonwealth Government shall be Chairman of the ESC and each of the members (other than the representative of the Commonwealth Government) shall be nominated in a manner approved by the Minister.

(4.) If a member of the ESC is unable to attend a meeting he may appoint a proxy to attend the meeting in his place and a proxy so appointed shall be deemed to be that member for the purpose of the meeting.

Functions of the ESC.

15. The functions of the ESC shall be—

(a) to determine in respect of each month of the agreed period on the bases set out in clauses 17 and 18 the rebates referred to in paragraph (d) of sub-clause (2.) of clause 8 and in sub-clause (1.) of clause 9;

(b) to prescribe the manner and form in which claims may be made by exporters and manufacturers for the rebates payable under paragraph (d) of sub-clause (2.) of clause 8 and sub-clause (1.) of clause 9;

The Schedule—continued

(c) to consider and make recommendations to the FISCC and to the State, as the case may require on claims by exporters and manufacturers for the rebates payable under paragraph (d) of sub-clause (2.) of clause 8 and sub-clause (1.) of clause 9;

(d) to determine the Australian cane sugar content of goods exported from Australia in such circumstances and applying such criteria as the ESC thinks fit;

(da) to draw up and publish as the ESC thinks fit rules for determining for the purposes of this agreement the date on which manufactured goods or products were exported from Australia; and

(e) to exercise such other powers and do such other acts in connexion with the exportation of goods and products containing Australian cane sugar or in connexion with rebates in respect of such exportation as this agreement provides for it to exercise or do or as the FISCC or the State for the purposes of this agreement requests it to exercise or do.

Sugar rebate options.

16.—(1.) The Export Sugar Committee may, in such manner and subject to such conditions as it thinks fit to impose, grant to exporters or manufacturers of manufactured goods or products containing Australian cane sugar options whereunder such exporters or manufacturers may elect to accept for periods not exceeding twelve months the rates of rebate determined by the ESC in respect of any month

(2.) When an exporter or manufacturer has been granted an option under the last preceding sub-clause, any rebate payable to the exporter or manufacturer under paragraph (d) of sub-clause (2.) of clause 8 or under sub-clause (1.) of clause 9 shall, subject to this agreement and to the conditions on which the option was granted be calculated as if that paragraph or that sub-clause, as the case may be, provided that the rebate was to be paid at the rate determined by the ESC in respect of the month selected under the option.

(3.) Options granted under the Sugar Agreement 1962 which remain unexpired as at the first day of July, 1969 shall in respect of the unexpired period be deemed to be options granted under this agreement and those options granted in respect of rebates payable under paragraph (d) of sub-clause (2.) of clause 8 of the Sugar Agreement 1962 in respect of goods manufactured after the thirtieth day of June, 1969 shall be decreased by five dollars ($5.00).

World parity price for refined sugar.

17.—(1.) The Australian equivalent of the world sugar parity price in respect of Australian refined cane sugar contained in manufactured goods or products exported during the agreed period shall be the lower of—

(a) the lowest c.i.f. and e. cost in Australia (exclusive of Australian duties of Customs and other Australian taxes) of foreign raw sugar, semi-refined (i.e. mill white) sugar, or refined sugar, as may be determined by the ESC brought to terms of equality with the grade of the Australian refined cane sugar content of such manufactured goods; or

(b) he estimated cost, as may be determined by the ESC of refined sugar in Australia based on the price of raw sugar f.o.b. mill port received for sales of surplus Australian raw sugar for export.

(2.) For the purposes of this clause—

(a) surplus sugar shall be deemed to be sugar additional to the quantity required to satisfy Australia’s guaranteed price portion of the agreement between the Minister of Agriculture, Fisheries and Food on behalf of the Government of the United Kingdom and the Queensland Sugar Board and others and known as the Commonwealth Sugar Agreement, or, if there is no additional sugar, the sugar required to fulfil that contract;

(b) the foreign sugar submitted for the purposes of price comparison should be reasonably obtainable in Australia under normal trading and shipping conditions, and allowance should be made for deterioration of such sugar in transit; and

(c) if foreign raw sugar is taken for the purpose of price comparison with Australian refined cane sugar, the following items shall be added to the c.i.f. and e. cost of foreign raw sugar:—

(i) Australian refinery costs; and

(ii) refinery processing loss.

The Schedule—continued

World parity price for mill white or raw sugar.

18.—(1.) The Australian equivalent of the world sugar parity price in respect of Australian mill white or raw cane sugar contained in manufactured goods and products exported during the agreed period shall be the lower of—

(a) the lowest c.i.f. and e. cost in Australia (exclusive of Australian duties of Customs and other Australian taxes) of foreign mill white or raw sugar (as the case may be), as may be determined by the ESC brought to terms of equality with the grade of the Australian mill white or raw cane sugar content of such manufactured goods and products; or

(b) the estimated cost, as may be determined by the ESC of mill white or raw sugar in Australia based on the price of raw sugar f.o.b. mill port received for sales of surplus Australian raw sugar for export.

(2.) For the purpose of this clause—

(a) surplus Australian raw sugar shall be deemed to be sugar additional to the quantity required to satisfy Australia’s guaranteed price portion of the said Commonwealth Sugar Agreement, or, if there is no additional sugar, the sugar required to fulfil that contract; and

(b) the foreign sugar submitted for the purpose of price comparison should be reasonably obtainable in Australia under normal trading and shipping conditions and allowance should be made for deterioration of such sugar in transit.

In witness whereof this agreement has been executed as at the day and year first above written.