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A Bill for an Act to amend the Wheat Marketing Act 1989, and for related purposes
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Introduced HR 12 Dec 2002

Wheat Marketing Amendment Bill 2002
First Reading

Wheat Marketing Amendment Bill 2002
First Reading

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The Parliament of the

Commonwealth of Australia 

Presented and read a first time 

Wheat Marketing Amendment Bill 2002 

No. , 2002 

(Agriculture, Fisheries and Forestry) 

A Bill for an Act to amend the Wheat Marketing Act 1989, and for related purposes


A Bill for an Act to amend the Wheat Marketing Act 1989, and for related purposes

The Parliament of Australia enacts:

1 Short title

              This Act may be cited as the Wheat Marketing Amendment Act 2002.

2 Commencement

              This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

              Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1Amendments

Wheat Marketing Act 1989

1 Section 3


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.

2 At the end of Division 1 of Part 2


5A Performance of the Authoritys 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.

3 Before section 11 of Division 4 of Part 2

Insert in Division 4:

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.

4 Subsection 11(2)

Omit subsection 19(3), substitute subsection 18(3).

5 At the end of Part 4


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 requestnot 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.