Wheat Marketing Act 1989

Act No. 58 of 1989 as amended

This compilation was prepared on 28 July 2003
taking into account amendments up to Act No. 78 of 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

3 Definitions

3A Application of the Criminal Code

Part 2—The Wheat Export Authority

Division 1—Establishment and functions

4 The Wheat Export Authority

5 Functions and powers of the Authority

5A Performance of the Authority’s wheat export control function

5B Delegation by the Authority

5C Reports about nominated company B’s performance

5D Power to obtain information

5E Dealing with confidential information

Division 2—Membership

6 Membership of the Authority

7 Resignation

8 Termination of appointment

9 Remuneration and allowances

Division 3—Meetings

10 Meetings of the Authority

Division 4—Finances

10A Money to be paid to the Authority

10B Recovery by the Commonwealth of certain expenses

11 Expenditure

12 Borrowing

13 Financial year

Division 5—Miscellaneous

14 Staff of the Authority

15 Reports to meetings of Grains Council

16 Operational plan

Part 4—Control of wheat exports

57 Control of export of wheat

58 Variation of consents

59 Sharing information

Part 7—Miscellaneous

84 Nominated company B obliged to purchase wheat

88 Operation of certain State and Territory laws

94 Regulations

Notes

An Act relating to the export of wheat, and for other purposes

Part 1—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Wheat Marketing Act 1989.

3  Definitions

  In this Act, unless the contrary intention appears:

Authority means the Wheat Export Authority referred to in section 4.

Chairperson means the Chairperson of the Authority.

Grains Council means:

 (a) the Grains Council of Australia; or

 (b) if the Grains Council of Australia no longer exists—a body that represents grain growers and is prescribed by the regulations for the purposes of this definition.

member means a member of the Authority (including the Chairperson).

nominated company B means the company that was nominated company B for the purposes of the repealed Part 3A.

related body corporate has the same meaning as in the Corporations Act 2001.

repealed Part 3A means Part 3A of this Act that was repealed by the Wheat Marketing Legislation Amendment Act 1998.

wheat export charge amounts means:

 (a) amounts of charge identified by the regulations for the purposes of this definition; and

 (b) amounts payable under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to that charge.

Note: The charge mentioned in paragraph (a) is to be imposed by regulations that specify the period for which the charge is to apply.

3A  Application of the Criminal Code

  Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 2—The Wheat Export Authority

Division 1—Establishment and functions

4  The Wheat Export Authority

 (1) The Australian Wheat Board that existed under this Act immediately before the commencement of this section continues in existence as the Wheat Export Authority.

Note 1: The Commonwealth Authorities and Companies Act 1997 applies to the Authority.

Note 2: Section 25B of the Acts Interpretation Act 1901 deals with the consequences of the change of name.

 (2) The Authority:

 (a) is a body corporate with perpetual succession; and

 (b) is to have a common seal; and

 (c) may acquire, hold and dispose of real and personal property; and

 (d) may sue and be sued in its corporate name.

 (3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the Authority on a document, and must presume that the document was duly sealed.

 (4) A document signed by the Chairperson on behalf of the Authority is taken to have been signed with the authority of the Authority, unless the contrary is proved.

5  Functions and powers of the Authority

 (1) The Authority has the following functions:

 (a) to control the export of wheat from Australia;

 (b) to monitor nominated company B’s performance in relation to the export of wheat and examine and report on the benefits to growers that result from that performance.

 (2) The Authority has power to do all things that are necessary or convenient to be done in connection with the performance of its functions.

5A  Performance of the Authority’s wheat export control function

 (1) In performing its function of controlling the export of wheat from Australia, the Authority must seek to complement any objective of nominated company B to maximise net returns for pools operated by that company, while at the same time seeking to facilitate the development of niche and other markets where the Authority considers that this may benefit both growers and the wider community.

 (2) Subsection (1) does not apply after the time that subsection 57(1) commences to apply to nominated company B.

5B  Delegation by the Authority

 (1) The Authority may, by writing under its common seal, delegate all or any of its functions or powers (other than its powers under section 14) to the employee of the Authority who holds, or performs the duties of, the position of chief executive officer of the Authority.

 (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Authority.

5C  Reports about nominated company B’s performance

Report for Minister

 (1) The Authority must prepare and give to the Minister each financial year a report in relation to:

 (a) nominated company B’s performance in relation to the export of wheat for the year; and

 (b) the benefits to growers that resulted from that performance.

 (2) The Authority must give the report for a financial year to the Minister on or before 31 December in the next financial year.

Report for growers

 (3) The Authority must prepare and publish a report for growers each financial year in relation to:

 (a) nominated company B’s performance in relation to the export of wheat for the year; and

 (b) the benefits to growers that resulted from that performance.

 (4) The Authority must publish the report for a financial year on or before 31 December in the next financial year.

Note: Information that is protected from disclosure by subsection 5E(2) must not be included in a report for growers.

5D  Power to obtain information

 (1) The Authority may direct nominated company B, or a related body corporate of nominated company B, to give to the Authority:

 (a) information; or

 (b) documents, or copies of documents, in the custody or under the control of nominated company B or the related body corporate;

that the Authority considers relevant to the operation of pools mentioned in section 84 (including the costs of operating the pools and the returns to growers that result from the pools).

 (2) A direction must:

 (a) be in writing; and

 (b) specify the information that is, or documents that are, to be given; and

 (c) specify the date by which the information is, or documents are, to be given.

 (3) A direction may specify the manner and form in which the information is, or documents are, to be given.

 (4) The directed company must comply with a direction.

 (5) If the directed company does not comply with a direction by the specified date, the Authority may apply to the Federal Court for an order under subsection (6).

 (6) If the Federal Court is satisfied that:

 (a) the directed company has not complied with the direction; and

 (b) if information is specified in the direction—the information is relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools); and

 (c) if documents are specified in the direction—the documents are in the custody or under the control of the directed company and are relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools);

the Federal Court may make the following orders:

 (d) an order granting an injunction requiring the directed company to comply with the direction;

 (e) any other order that the Court considers appropriate.

 (7) The Federal Court may exercise powers under subsection (6) whether or not:

 (a) it appears to the Court that the directed company intends to continue to fail to comply with the direction; or

 (b) the directed company has previously failed to comply with a direction.

 (8) The Federal Court may discharge or vary an injunction granted under this section.

5E  Dealing with confidential information

 (1) This section applies to a person who is or has been:

 (a) a member of the Authority; or

 (b) a member of the staff of the Authority; or

 (c) a person who performs services in connection with the functions of the Authority; or

 (d) the Minister; or

 (e) a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or

 (f) a person appointed by the Minister to conduct the review under subsection 57(7); or

 (g) a person who assists a person mentioned in paragraph (f) in the conduct of the review.

 (2) The person must not disclose information if:

 (a) either:

 (i) it is information given to the Authority under section 5D and the company that gave the information claims it is commercial‑in‑confidence information; or

 (ii) it is information contained in a document given to the Authority under section 5D and the company that gave the document claims that the information is commercial‑in‑confidence information; and

 (b) the disclosure of the information could reasonably be expected:

 (i) to cause financial loss or detriment to the directed company or a related body corporate of the directed company; or

 (ii) to directly benefit a competitor of the directed company or of a related body corporate of the directed company; or

 (iii) to reduce the return for a pool mentioned in section 84.

Penalty: Imprisonment for 1 year.

 (3) Subsection (2) does not prevent the person from disclosing information:

 (a) with the consent of the company that gave the information; or

 (b) in accordance with an order of a court; or

 (c) to any of the following persons, for a purpose in connection with the performance of the functions of the Authority:

 (i) a member of the Authority;

 (ii) a member of the staff of the Authority;

 (iii) a person who performs services in connection with the functions of the Authority; or

 (d) to the Minister; or

 (e) to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984; or

 (f) to any of the following persons, for a purpose in connection with the conduct of the review under subsection 57(7):

 (i) a person appointed by the Minister to conduct the review;

 (ii) a person who assists a person mentioned in subparagraph (i) in the conduct of the review.

Note: The defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Division 2—Membership

6  Membership of the Authority

 (1) The Authority consists of the following members:

 (a) a Chairperson;

 (b) 2 members who have been nominated by the Grains Council;

 (c) a government member;

 (d) one other member.

 (2) One of the members referred to in paragraph (1)(b) must be a person who is ordinarily resident, at the time of appointment, in New South Wales, Victoria, Queensland or Tasmania. The other must be a person who is ordinarily resident, at the time of appointment, in Western Australia or South Australia.

 (3) The appointment of a member referred to in paragraph (1)(b) is not ineffective, and is not to be questioned, on the ground of a defect or irregularity in connection with the member’s nomination or appointment.

 (4) Each member is to be appointed by the Minister, in writing, for a specified term of up to 3 years.

 (5) The members hold office on a part‑time basis.

 (6) The performance of functions, or the exercise of powers, by the Authority is not affected by a vacancy or vacancies in its membership.

7  Resignation

  A member may resign by giving the Minister a signed notice of resignation.

8  Termination of appointment

 (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

 (2) The Minister must terminate the appointment of a member if the member:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

 (b) fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997; or

 (c) is absent, without the prior consent of the Authority, from 3 consecutive meetings of the Authority otherwise than on business of the Authority undertaken with the approval of the Authority.

9  Remuneration and allowances

 (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, a member is to be paid the remuneration that is prescribed by the regulations.

 (2) A member is to be paid such allowances as are prescribed by the regulations.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

Division 3—Meetings

10  Meetings of the Authority

 (1) Meetings of the Authority are to be held at such times and places as the Authority determines.

 (2) The Chairperson may convene a meeting of the Authority.

 (3) At a meeting, 3 members, one of whom is a member nominated by the Grains Council, is a quorum.

 (4) The Chairperson is to preside at all meetings at which he or she is present.

 (5) If the Chairperson is not present at a meeting, the members present must elect a member to preside.

 (6) A question arising at a meeting is to be decided by a majority of the votes of the members present and voting.

 (7) The member presiding at a meeting has a deliberative vote and, if there is an equality of votes, also has a casting vote.

 (8) The Authority must keep a record of its proceedings.

 (9) The procedure of the Authority is to be determined by the Authority.

Note: Section 33B of the Acts Interpretation Act 1901 allows for meetings to be held by telephone or by other means.

Division 4—Finances

10A  Money to be paid to the Authority

 (1) The Commonwealth must pay to the Authority amounts equal to the wheat export charge amounts received by the Commonwealth.

 (2) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

10B  Recovery by the Commonwealth of certain expenses

 (1) It is a condition of each payment under subsection 10A(1) that, if the Commonwealth incurs an expense in relation to collecting or recovering wheat export charge amounts or administering provisions relating to wheat export charge amounts, the Authority must pay an amount equal to the amount of the expense to the Commonwealth.

Note: Subsection 18(3) of the Primary Industries Levies and Charges Collection Act 1991 has the effect that the Authority must also refund wheat export charge amounts paid to the Authority that represent overpayments.

 (2) Amounts that the Commonwealth and the Authority owe each other under subsection 10A(1) and subsection (1) of this section may be set off.

11  Expenditure

 (1) Money of the Authority may only be spent:

 (a) in payment or discharge of expenses and liabilities incurred by the Authority in the performance of its functions under this Act; or

 (b) in payment of remuneration and allowances payable under this Act; or

 (c) in reimbursing the Grains Council, in accordance with any guidelines issued by the Minister, for expenditure reasonably incurred by the Grains Council in connection with meetings of the Grains Council referred to in section 15.

 (2) Subsection (1) does not prevent investment of surplus money of the Authority under subsection 18(3) of the Commonwealth Authorities and Companies Act 1997.

12  Borrowing

 (1) The Authority must not borrow money except in accordance with a written approval of the Minister.

 (2) An approval by the Minister may be given in relation to a particular transaction, or in relation to a class of transactions.

13  Financial year

  For the purposes of the Commonwealth Authorities and Companies Act 1997, the Authority’s financial year is a period of 12 months starting on 1 October.

Division 5—Miscellaneous

14  Staff of the Authority

  The Authority may employ such persons as it thinks necessary for the purposes of this Act, on such terms and conditions as the Authority determines.

15  Reports to meetings of Grains Council

 (1) When an annual report of the Authority has been laid before the Houses of Parliament under subsection 9(3) of the Commonwealth Authorities and Companies Act 1997, the Chairperson must:

 (a) present the annual report to a meeting of the Grains Council within 6 months after the year to which the report relates; and

 (b) report to the meeting on the operations of the Authority during the year to which the report relates; and

 (c) make himself or herself available to answer questions arising out of the annual report or the report mentioned in paragraph (b).

 (2) When an interim report of the Authority has been laid before the Houses of Parliament under subsection 13(5) of the Commonwealth Authorities and Companies Act 1997, the Chairperson must:

 (a) present the interim report to a meeting of the Grains Council within 3 months after the period to which the report relates; and

 (b) report to the meeting on the operations of the Authority during the period to which the report relates; and

 (c) make himself or herself available to answer questions arising out of the interim report or the report mentioned in paragraph (b).

 (3) In addition to reporting to meetings of the Grains Council under subsections (1) and (2), the Authority:

 (a) must report to other meetings of the Grains Council, at least once every 6 months, on the operations of the Authority; and

 (b) may arrange with the Grains Council for the Authority to report to other meetings of the Grains Council on the operations of the Authority.

16  Operational plan

 (1) Before the start of each financial year, the Authority must prepare an operational plan for the financial year and give it to the Minister.

 (2) The plan must include details of the strategies and policies that are to be followed by the Authority in performing its functions during the financial year.

 (3) The Chairperson must keep the Minister informed about:

 (a) changes to the plan; and

 (b) matters that might affect significantly the Authority’s ability to perform its functions in accordance with the plan.

 (4) The Minister may give the Chairperson written guidelines that are to be used by the Chairperson in deciding whether a matter is covered by paragraph (3)(b).

Part 4—Control of wheat exports

57  Control of export of wheat

 (1) A person shall not export wheat unless:

 (a) the Authority has given its written consent to the export of the wheat; and

 (b) the export of the wheat is in accordance with the terms of that consent.

Penalty:

 (a) in the case of a natural person—$60,000; or

 (b) in the case of a body corporate—$300,000.

 (1A) The prohibition in subsection (1) does not apply to nominated company B.

 (2) An offence against subsection (1) is an indictable offence.

 (3) The Authority’s consent to the export of wheat may be limited to the export of the wheat in specified circumstances, in accordance with specified requirements or by a specified person.

 (3A) Before giving a consent, the Authority must consult nominated company B.

 (3B) The Authority must not give a bulk‑export consent without the prior approval in writing of nominated company B. For this purpose a consent is a bulk‑export consent unless it is limited to export in bags or containers.

 (3D) An application for a consent under this section must be accompanied by such fee (if any) as is prescribed by the regulations. The fee is payable to the Authority.

 (3E) The Authority must issue guidelines about the matters it will take into account in exercising its powers under this section.

 (4) In proceedings for an offence against subsection (1), a certificate signed by the Chairperson and:

 (a) stating that the Authority did not consent to the export of particular wheat; or

 (b) setting out the terms of a consent given by the Authority;

is prima facie evidence of the matters set out in the certificate.

 (5) The prohibition in subsection (1) is in addition to, and not in substitution for, any prohibition by or under the Customs Act 1901 or the Export Control Act 1982.

 (6) For the purposes of subsection 51(1) of the Trade Practices Act 1974, the following things are to be regarded as specified in this section and specifically authorised by this section:

 (a) the export of wheat by nominated company B;

 (b) anything that is done by nominated company B under this section or for the purposes of this section.

 (7) Before the end of 2004, the Minister must cause an independent review to be conducted of the following matters:

 (a) the operation of subsection (1A) in relation to nominated company B;

 (b) the conduct of nominated company B in relation to:

 (i) consultations for the purposes of subsection (3A); and

 (ii) the granting or withholding of approvals for the purposes of subsection (3B);

 (c) whether benefits to growers have resulted from the performance of nominated company B in relation to the export of wheat;

 (d) the Authority’s performance of its functions under this Act.

 (8) The persons who are to conduct the review are to be appointed by the Minister.

 (9) The persons who conduct the review must:

 (a) be assisted by the Authority; and

 (b) make use of reports under section 5C and other information collected by the Authority.

 (10) The persons who conduct the review must give the Minister a report of the review before the end of 2004.

 (11) The persons who conduct the review must publish a report of the review for growers before the end of 2004.

Note: Information that is protected from disclosure by subsection 5E(2) must not be included in a report for growers.

 (12) The Minister must cause a copy of the report referred to in subsection (11) to be tabled in each House of the Parliament within 25 sitting days of that House after the day on which the Minister receives the report.

58  Variation of consents

 (1) The Authority may vary a consent given under subsection 57(1), on request by the person to whom the consent was given.

 (2) If the Authority makes a variation, the variation must be:

 (a) in accordance with the request; or

 (b) if not in accordance with the request—not less favourable than the consent to which the request relates.

 (3) Before making a variation, the Authority:

 (a) must consult nominated company B; and

 (b) must take into account the matters included in any guidelines issued under subsection 57(3E).

 (4) Paragraph (3)(a) does not apply to a variation if, in the opinion of the Authority, the variation is of a minor nature.

 (5) Without limiting subsection (4), a variation is taken to be of a minor nature if:

 (a) it relates only to the tonnage of wheat to be exported; and

 (b) it varies that tonnage by not more than 500 tonnes.

 (6) If the Authority makes a variation to which subsection (4) applies, the Authority must inform nominated company B of that variation as soon as practicable.

 (7) A consent cannot be varied otherwise than in accordance with this section.

59  Sharing information

 (1) Information (including personal information) collected by the Authority in connection with the performance of its functions under section 57 may be disclosed to another agency for the purpose of the control of wheat exports.

 (2) APS employees of the administrative unit in the Department known as the Australian Quarantine and Inspection Service may provide the Authority with information (including personal information) for the purpose of the control of wheat exports.

 (3) In this section:

agency has the same meaning as in section 6 of the Privacy Act 1988.

personal information has the same meaning as in section 6 of the Privacy Act 1988.

Part 7—Miscellaneous

84  Nominated company B obliged to purchase wheat

 (1) Nominated company B must purchase all wheat that:

 (a) is offered to the company for inclusion in a pool operated by the company; and

 (b) meets the standards required by the company.

 (2) The purchase price must be calculated by reference to the net return for the pool in which the wheat is included.

 (3) Subsection (1) does not apply to any offer made after subsection 57(1) commences to apply to nominated company B.

88  Operation of certain State and Territory laws

 (1) In this section:

corporation means a trading corporation formed within the limits of the Commonwealth.

sale contract means a contract for the sale of grain or for the growing of grain and the sale of the grain, being a contract to which a corporation is a party and which is entered into by a corporation in the course of, or for the purposes of:

 (a) the export of the grain; or

 (b) trade and commerce:

 (i) among the States;

 (ii) between a State and a Territory or between Territories; or

 (iii) within a Territory.

service contract means a contract, agreement or arrangement for the storage, handling or transport of grain for a corporation, being a contract to which a corporation is a party and which is entered into by the corporation in the course of, or for the purposes of:

 (a) the export of the grain; or

 (b) trade and commerce:

 (i) among the States;

 (ii) between a State and a Territory or between Territories; or

 (iii) within a Territory.

 (2) A sale contract or a service contract is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

 (3) A party to a sale contract or a service contract does not incur any liability, penalty or forfeiture under a prescribed State or Territory enactment by virtue only of having entered into the contract.

 (4) Nothing in any prescribed State or Territory enactment operates to prevent a party to a sale contract or a service contract discharging obligations under the contract according to the terms of the contract.

 (5) In the case of a sale contract, nothing in any prescribed State or Territory enactment operates to prevent the property in the grain passing to the purchaser according to the terms of the contract.

 (6) A person who, under a contract (including a contract of service), agreement or arrangement with a party to a sale contract or a service contract, does anything on behalf of that party in the discharge of an obligation under the sale contract or the service contract does not incur any liability, penalty or forfeiture under any prescribed State or Territory enactment by virtue only of having done that thing, and the contract, agreement or arrangement between that person and the party is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

 (7) A corporation does not incur any liability, penalty or forfeiture under a prescribed State or Territory enactment by virtue only of storing, handling or transporting grain for a purpose referred to in the definition of service contract in subsection (1).

 (8) Nothing in any prescribed State or Territory enactment prevents a corporation storing, handling or transporting grain for a purpose referred to in the definition of service contract in subsection (1).

 (9) A person who, under a contract (including a contract of service), agreement or arrangement with a corporation does anything for the corporation in, or in connection with, the storage, handling or transport of grain by the corporation does not incur any liability, penalty or forfeiture under any prescribed State or Territory enactment by virtue only of having done that thing, and the contract, agreement or arrangement between that person and the corporation is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

 (10) Nothing in any prescribed State or Territory enactment operates to prevent a party to a contract, agreement or arrangement referred to in subsection (6) or (9) discharging obligations under the contract, agreement or arrangement according to its terms.

 (11) Subsection (5) does not affect the rights of the holder of a security over grain for moneys owing.

 (12) Subject to subsection (13), a reference in this section to a prescribed State or Territory enactment is a reference to:

 (a) a State or Territory enactment declared by the regulations to be a prescribed State or Territory enactment for the purposes of this section; or

 (b) a State or Territory enactment included in a class of State or Territory enactments declared by the regulations to be prescribed State or Territory enactments for the purposes of this section.

 (13) The regulations shall not prescribe a State or Territory enactment except in relation to the storage, handling and transport of grain or the marketing of wheat.

 (14) The regulations may provide that a State or Territory enactment, or a State or Territory enactment included in a class of State or Territory enactments, is a prescribed State or Territory enactment only to the extent, or only in the circumstances, specified in the regulations.

 (15) In this section:

State or Territory enactment means:

 (a) a State Act;

 (b) an enactment of a Territory; or

 (c) an instrument made or issued under such an Act or enactment.

94  Regulations

 (1) 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.

 (2) Regulations prescribing a State or Territory enactment for the purposes of 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.

Notes to the Wheat Marketing Act 1989

Note 1

The Wheat Marketing Act 1989 as shown in this compilation comprises Act No. 58, 1989 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 18 September 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The Wheat Marketing Act 1989 was amended by section 29(3) only of the Primary Industries and Energy Legislation Amendment Act (No. 3) 1989, subsection 2(7) of which provides as follows:

 (7) Subsection 29(3) and Part 3 of the Schedule are to be taken to have commenced on 1 July 1989.

(b) The Wheat Marketing Act 1989 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(c) The Wheat Marketing Act 1989 was amended by Schedule 4 (items 152–154) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(d) The Wheat Marketing Act 1989 was amended by Schedule 2 (items 1272–1294) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(e) The Wheat Marketing Act 1989 was amended by Schedule 10 (item 122) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

 (2) The following provisions commence on a day or days to be fixed by Proclamation:

 (c) the items in Schedules 10, 11 and 12.

Table of Amendments

Table A

Application, saving or transitional provisions

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)

4  Application of amendments

 (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

 (2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Wheat Marketing Amendment Act 2003 (No. 78, 2003)

4  Application

  The Authority must prepare and publish the first reports under section 5C of the Wheat Marketing Act 1989 as amended by this Act for the financial year ending on 30 June 2003. However, the Authority is not required to publish a report under section 5C earlier than 4 months after the commencement of this Act.