Federal Register of Legislation - Australian Government

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Wheat Export Accreditation Scheme 2008

Authoritative Version
Schemes as made
This Scheme accredits exporters for the purpose of exporting wheat in bulk.
Administered by: Agriculture and Water Resources
Made 30 Jun 2008
Registered 30 Jun 2008
Tabled HR 26 Aug 2008
Tabled Senate 26 Aug 2008
Date of repeal 01 Oct 2018
Repealed by Sunsetting

Wheat Export Accreditation Scheme 20081

Wheat Export Marketing Act 2008

The EXPORT WHEAT COMMISSION makes this Scheme under section 8 of the Wheat Export Marketing Act 2008 and under item 7 of Schedule 3 to the Wheat Export Marketing (Repeal and Consequential Amendments) Act 2008.

Dated 30 June 2008

 

EXPORT WHEAT COMMISSION


Contents

Part 1                    Preliminary

                        1     Name of Scheme                                                                                 4

                        2     Commencement                                                                                  4

                        3     Purpose                                                                                              4

                        4     Definitions                                                                                           4

Part 2                    Accreditation

Division 1                Eligibility for accreditation

                        5     Eligibility for accreditation                                                                     5

Division 2                Obtaining accreditation

Subdivision 1            Accreditation otherwise than by way of renewal

                        6     Application for accreditation                                                                  7

                        7     Additional information or documents                                                      7

                        8     Decision on application                                                                        8

                        9     Instrument of accreditation                                                                   8

                       10     Consultation before imposing conditions or refusing accreditation             8

                       11     Notice of refusal                                                                                  9

                       12     Period of accreditation                                                                         9

Subdivision 2            Accreditation by way of renewal

                       13     Accreditation by way of renewal                                                            9

                       14     Additional information or documents                                                      9

                       15     Decision on renewal                                                                           10

                       16     Instrument of accreditation renewal                                                      10

                       17     Consultation before imposing conditions or refusing accreditation renewal 10

                       18     Notice of refusal of accreditation renewal                                              11

                       19     Period of renewal accreditation                                                            11

Division 3                Variation of accreditation

                       20     Variation of accreditation                                                                    11

                       21     Consultation before variation                                                               11

Division 4                Conditions of accreditation

                       22     Conditions of accreditation                                                                  12

                       23     Condition — annual export report                                                        12

                       24     Condition — annual compliance report                                                 12

                       25     Condition — report about notifiable matters                                          13

                       26     Additional condition                                                                            13

                       27     WEA may impose further conditions                                                    13

                       28     Variation or revocation of conditions                                                     14

                       29     Consultation before imposing, varying or revoking conditions                  14

Division 5                Cancellation of accreditation

                       30     Mandatory cancellation of accreditation                                               14

                       31     Discretionary cancellation of accreditation                                            17

                       32     Consultation before cancellation                                                          17

                       33     Notice of cancellation                                                                         17

                       34     Post‑cancellation report                                                                      17

Division 6                Suspension of accreditation

                       35     Suspension of accreditation                                                                18

                       36     Consultation before suspension                                                           19

                       37     Notice of suspension                                                                          19

Division 7                Surrender of accreditation

                       38     Surrender of accreditation                                                                   19

Division 8                Applying to vary or revoke conditions of accreditation

                       39     Applying to vary or revoke conditions of accreditation                            20

                       40     Decision on application                                                                      21

                       41     Notice of decision                                                                              21

                       42     Notice of refusal to vary or revoke conditions                                        21

                       43     Consultation before decision                                                               21

Part 3                    Miscellaneous

                       44     WEA may approve forms                                                                    22

                       45     Accreditation not transferable                                                              22

                       46     Application fees                                                                                 22

Schedule 1             Fees                                                                                                23

 

 


Part 1                 Preliminary

  

1              Name of Scheme

                This Scheme is the Wheat Export Accreditation Scheme 2008.

2              Commencement

                This Scheme commences on 1 July 2008.

3              Purpose

                The purpose of this Scheme is to establish a system of accreditation for exporters of wheat (other than wheat in bags or containers) in order to attest that an exporter is a fit and proper company to export wheat from Australia.

4              Definitions

                In this Scheme:

accreditation means accreditation under section 8 or 15.

accredited company means a company that is accredited as an accredited wheat exporter under section 8 or 15.

Act means the Wheat Export Marketing Act 2008.

instrument of accreditation means an instrument under section 9.

instrument of accreditation renewal means an instrument under section 16.

Note   This Scheme is made under the Act. The Act uses and defines numerous expressions that are also used in this Scheme. Under section 13 of the Legislative Instruments Act 2003 expressions that are used in the Act and that are also used in this Scheme have the same meaning in this Scheme as they have in the Act. Some expressions that are used in this Scheme and which are defined in the Act include the following:

·      access test

·      associated entity

·      co‑operative

·      designated sanitary or phytosanitary measure

·      executive officer

·      externally‑administered body corporate

·      foreign law

·      involved in a contravention

·      marketing year

·      port terminal service

·      provider

·      United Nations sanctions provision

·      WEA.

Part 2                 Accreditation

Division 1              Eligibility for accreditation

5              Eligibility for accreditation

         (1)   A company is not eligible for accreditation unless:

                (a)    the company is:

                          (i)    registered as a company under Part 2A.2 of the Corporations Act 2001; or

                         (ii)    a co‑operative; and

               (b)    the company is a trading corporation to which paragraph 51 (xx) of the Constitution applies; and

                (c)    WEA is satisfied that the company is a fit and proper company, having regard to the following:

                          (i)    the financial resources available to the company;

                         (ii)    the company’s risk management arrangements;

                         (iii)    the company’s business record;

                        (iv)    the company’s record in situations requiring trust and candour;

                         (v)    the business record of each executive officer of the company;

                        (vi)    the experience and ability of each executive officer of the company;

                        (vii)    the record in situations requiring trust and candour of each executive officer of the company;

                       (viii)    whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to dishonest conduct;

                        (ix)    whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to the conduct of a business;

                         (x)    whether an order for a pecuniary penalty has been made against the company, or an executive officer of the company, under section 1317G of the Corporations Act 2001 or section 76 of the Trade Practices Act 1974;

                        (xi)    if the company is or has been accredited under this Scheme —whether the company has contravened a condition of the company’s accreditation under this Scheme;

                        (xii)    whether an executive officer of the company has been involved in a contravention of a condition of an accreditation under this Scheme;

                       (xiii)    whether the company, or an executive officer of the company, has been convicted of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

                       (xiv)    whether the company, or an executive officer of the company, has committed or been involved in repeated contraventions, or a serious contravention, of a designated sanitary or phytosanitary measure;

                       (xv)    whether the company, or an executive officer of the company, has committed or been involved in a contravention of a United Nations sanctions provision;

                       (xvi)    whether the company, or an executive officer of the company, has committed or been involved in a contravention of an Australian law or a foreign law, where the contravention relates to trade in barley, canola, lupins, oats or wheat;

                      (xvii)    such other matters (if any) as WEA considers relevant; and

               (d)    WEA is satisfied that the company is not an externally‑administered body corporate; and

                (e)    if the company, or an associated entity, is the provider of one or more port terminal services — WEA is satisfied that the company or the associated entity, as the case may be, passes the access test in relation to each of those services.

Note   Section 24 of the Act sets out what the relevant access test is.

Fit and proper company — 5‑year limit

         (2)   Subparagraphs (1) (c) (i) to (xvii) do not apply to an act, omission, matter or thing that occurred:

                (a)    if the company is not, and has never been, accredited under this Scheme — before the start of the 5‑year period that ended when the company made its application for accreditation; or

               (b)    if the company is or has been accredited under this Scheme — before the start of the 5‑year period that ended when the company first became accredited under this Scheme.

Ancillary provisions

         (3)   For the purposes of the application of subparagraph (1) (c) (viii), (ix) or (xiii) to a person who is an executive officer of a company, it is immaterial whether a conviction occurred before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (4)   For the purposes of the application of subparagraph (1) (c) (x) to a person who is an executive officer of a company, it is immaterial whether an order for a pecuniary penalty was made before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (5)   For the purposes of the application of subparagraph (1) (c) (xii), (xiv), (xv) or (xvi) to a person who is an executive officer of a company, it is immaterial whether a contravention occurred before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (6)   For the purposes of paragraph (1) (c), it is immaterial whether an act, omission, matter or thing occurred before or after the commencement of this section. This provision has effect subject to subsection (2).

         (7)   Subparagraphs (1) (c) (i) to (xvi) do not limit subparagraph (1) (c) (xvii).

         (8)   This section extends to acts, omissions, matters and things outside Australia.

         (9)   This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Division 2              Obtaining accreditation

Subdivision 1              Accreditation otherwise than by way of renewal

6              Application for accreditation

         (1)   A company that wants to be accredited must lodge a written application in accordance with subsection (2).

         (2)   A written application must:

                (a)    be in the form approved by WEA; and

               (b)    include, or be accompanied by, the information and documents required by the form; and

                (c)    authorise WEA to independently verify the accuracy and completeness of information and documents provided; and

               (d)    be lodged at a place, or by a means, specified in the form; and

                (e)    be accompanied by the relevant fee specified in Schedule 1 that is applicable to the application.

7              Additional information or documents

         (1)   For the purposes of assessing a company’s application, WEA may request the company to give to WEA specified additional information or specified additional documents that WEA considers is needed in order to be satisfied that the company is eligible to be accredited.

         (2)   The request must be in writing.

         (3)   The company must give WEA the information or document within the time specified in the request.

         (4)   WEA is not required to consider an application, or consider an application further, while waiting for the information or document to be provided.

8              Decision on application

         (1)   WEA may decide:

                (a)    to accredit a company as an accredited wheat exporter; or

               (b)    to refuse to accredit a company as an accredited wheat exporter.

         (2)   WEA must decide to accredit a company if:

                (a)    the company is eligible for accreditation under section 5; and

               (b)    the company has applied in accordance with section 6; and

                (c)    the company has complied with any request under section 7.

         (3)   WEA must decide to refuse to accredit a company if the company is not eligible for accreditation under section 5.

         (4)   If WEA decides to accredit a company, it may do so subject to conditions.

Note   Under section 14 of the Act, a number of conditions must be imposed by this Scheme. Division 4 of this Part sets out the conditions of accreditation.

9              Instrument of accreditation

         (1)   WEA must, within 14 days of making a decision under section 8 to accredit a company, give the company an instrument of accreditation.

         (2)   The instrument must:

                (a)    set out any conditions to which the accreditation is subject; and

               (b)    specify the day on which the accreditation commences; and

                (c)    specify the period of accreditation.

10            Consultation before imposing conditions or refusing accreditation

                WEA must consult a company before making a decision:

                (a)    to refuse to accredit the company as an accredited wheat exporter under paragraph 8 (1) (b); or

               (b)    to impose conditions on the company’s accreditation under subsection 8 (4).

11            Notice of refusal

                If, after consulting the company, WEA makes a decision under paragraph 8 (1) (b) to refuse to accredit the company, WEA must, within 14 days of making the decision, give the company a written notice setting out the decision and the reasons for the decision.

12            Period of accreditation

         (1)   Unless an accreditation is sooner cancelled or surrendered, the accreditation remains in force for the period specified by WEA in the instrument of accreditation given under section 9.

         (2)   The accreditation commences on the day specified in the instrument.

         (3)   The day must not be a day before the instrument is given to the company.

         (4)   WEA must not accredit a company for a period that exceeds 3 years, but WEA may accredit the company under section 8 after an accreditation period ends or may renew the company’s accreditation under section 15.

Subdivision 2              Accreditation by way of renewal

13            Accreditation by way of renewal

         (1)   A company may apply to WEA to renew the company’s accreditation by lodging a written application in accordance with subsection (3).

         (2)   The application must be lodged:

                (a)    no earlier than 6 months; and

               (b)    at least 3 months;

                before the expiry of the company’s current accreditation.

         (3)   A written application must:

                (a)    be in a form approved by WEA; and

               (b)    include, or be accompanied by, the information and documents required by the form; and

                (c)    authorise WEA to independently verify the accuracy and completeness of information and documents provided; and

               (d)    be lodged at a place, or by a means, specified in the form; and

                (e)    be accompanied by the relevant fee specified in Schedule 1 that is applicable to the application.

14            Additional information or documents

         (1)   For the purposes of assessing a company’s application, WEA may request the company to give to WEA specified additional information or specified additional documents that WEA considers is needed in order to be satisfied that the company is eligible to be accredited.

         (2)   The request must be in writing.

         (3)   The company must give WEA the information or document within the time specified in the request.

         (4)   WEA is not required to consider an application, or consider an application further, while waiting for the information or document to be provided.

15            Decision on renewal

         (1)   WEA may decide:

                (a)    to renew a company’s accreditation as an accredited wheat exporter; or

               (b)    to refuse to renew a company’s accreditation as an accredited wheat exporter.

         (2)   If a company applies for a renewal of its accreditation in accordance with section 13 and complies with any request under section 14, WEA must decide to renew the company’s accreditation unless:

                (a)    the company is no longer eligible for accreditation under section 5; or

               (b)    WEA is aware of any events or circumstances that would justify the suspension or cancellation of the company’s current accreditation.

         (3)   If WEA decides to renew the accreditation, it may do so subject to conditions.

Note   Under section 14 of the Act, a number of conditions must be imposed by this Scheme. Division 4 of this Part sets out the conditions of accreditation.

16            Instrument of accreditation renewal

         (1)   WEA must, within 14 days of making a decision under section 15 to renew a company’s accreditation, give the company an instrument of accreditation renewal.

         (2)   The instrument must:

                (a)    set out any conditions to which the renewal of the accreditation is subject; and

               (b)    specify the day on which the renewal of the accreditation commences; and

                (c)    specify the period of the renewal of the accreditation.

17            Consultation before imposing conditions or refusing accreditation renewal

                WEA must consult a company before making a decision:

                (a)    to refuse to renew the company’s accreditation as an accredited wheat exporter under paragraph 15 (1) (b); or

               (b)    to impose conditions on the renewal of the company’s accreditation under subsection 15 (3).

18            Notice of refusal of accreditation renewal

                If, after consulting the company, WEA makes a decision under paragraph 15 (1) (b) to refuse to renew the company’s accreditation, WEA must, within 14 days of making the decision, give the company a written notice setting out the decision and the reasons for the decision.

19            Period of renewal accreditation

         (1)   Unless a renewed accreditation is sooner cancelled or surrendered, the renewed accreditation remains in force for the period specified by WEA in the instrument of accreditation renewal given under section 16.

         (2)   The accreditation commences on the day specified in the instrument.

         (3)   The day must not be a day before the instrument is given to the company.

         (4)   WEA must not renew an accreditation for a period that exceeds 3 years but WEA may accredit the company under section 8 after an accreditation period ends or may renew the company’s accreditation under section 15.

Division 3              Variation of accreditation

20            Variation of accreditation

         (1)   WEA may decide to vary the accreditation of a company.

         (2)   If WEA decides to vary the accreditation of a company, WEA must, within 14 days of making the decision, give the company a written notice setting out:

                (a)    the details of the variation; and

               (b)    the reasons for the variation; and

                (c)    the date from which the variation takes effect.

         (3)   If WEA varies the accreditation of a company under subsection (1), WEA may, if it considers it necessary or appropriate to do so, give the company a new instrument of accreditation that incorporates the effect of the variation.

         (4)   WEA must not vary the period of a company’s accreditation.

21            Consultation before variation

                WEA must consult a company before deciding to vary the company’s accreditation under subsection 20 (1).

Division 4              Conditions of accreditation

22            Conditions of accreditation

                An accreditation is subject to the following conditions:

                (a)    such conditions (if any) as are imposed by WEA under subsection 8 (4) or 15 (3);

               (b)    the conditions that are imposed by sections 23, 24 and 25;

                (c)    the condition that is specified in section 26;

               (d)    such conditions (if any) as are imposed by WEA under section 27;

                (e)    a condition that an accredited company must comply with a requirement of WEA under subsection 25 (2) or 31 (1) of the Act.

23            Condition — annual export report

         (1)   It is a condition of accreditation that an accredited company must, within:

                (a)    30 days after the end of each marketing year; or

               (b)    if WEA allows a longer period — that longer period;

give WEA a written report setting out:

                (c)    the quantity of wheat exported by the accredited company during that year, broken down by specification and country of destination; and

               (d)    the terms and conditions on which the accredited company, or a related body corporate, acquired wheat from growers during that year for export by the accredited company.

         (2)   The report must be in the form approved by WEA.

         (3)   Paragraphs (1) (c) and (d) do not apply:

                (a)    to the export of wheat in:

                          (i)    a bag; or

                         (ii)    a container;

                        that is capable of holding not more than 50 tonnes of wheat; or

               (b)    to an individual producer exporting wheat produced by that individual producer.

24            Condition — annual compliance report

         (1)   It is a condition of accreditation that an accredited company must, within:

                (a)    30 days after the end of each marketing year; or

               (b)    if WEA allows a longer period — that longer period;

give WEA a written report relating to the accredited company’s compliance, during that year, with:

                (c)    the conditions of the accredited company’s accreditation under this Scheme; and

               (d)    Australian laws, and foreign laws, that are applicable to the accredited company’s export trade in wheat; and

                (e)    the United Nations sanctions provisions.

         (2)   The report must be in the form approved by WEA.

25            Condition — report about notifiable matters

         (1)   It is a condition of accreditation that, if:

                (a)    an event occurs or a circumstance comes into existence; and

               (b)    the event or the circumstance is:

                          (i)    a ground on which WEA could cancel an accredited company’s accreditation under this Scheme; or

                         (ii)    likely to result in a conclusion that the company is not a fit and proper company within the meaning of this Scheme;

the accredited company must, within 14 days after the occurrence of the event or the coming into existence of the circumstance, give WEA a written report about the matter.

         (2)   The report must be in the form approved by WEA.

26            Additional condition

         (1)   For paragraph 22 (c), the condition specified is that the accredited company must provide a written notice to WEA in accordance with subsection (2) if a new executive officer is appointed to the company during the period of accreditation.

         (2)   The notice must:

                (a)    be in a form approved by WEA; and

               (b)    include, or be accompanied by, the information and documents required by the form; and

                (c)    authorise WEA to independently verify the accuracy and completeness of the information and documents provided; and

               (d)    be provided to WEA within 14 days of the company appointing the new executive officer; and

                (e)    be lodged at a place, or by a means, specified in the form.

27            WEA may impose further conditions

         (1)   In addition to any conditions imposed on an accredited company at the time of accreditation or renewal of accreditation, or under sections 22, 23, 24, 25 and 26, WEA may, after the grant of accreditation or renewal of accreditation, decide to impose on the accredited company further conditions of accreditation.

         (2)   If WEA decides to impose further conditions on the company, WEA must, within 14 days of making the decision, give the company a written notice setting out:

                (a)    the details of the conditions imposed; and

               (b)    the reasons for imposing the conditions; and

                (c)    the date from which the conditions take effect.

         (3)   If WEA imposes conditions on an accredited company under subsection (1), WEA may, if it considers it necessary or appropriate to do so, give the company a new instrument of accreditation that incorporates the effect of the conditions.

28            Variation or revocation of conditions

         (1)   WEA may decide to vary or revoke a condition imposed under subsection 8 (4) or 15 (3) or section 27.

         (2)   If WEA decides to vary or revoke a condition imposed under subsection 8 (4) or 15 (3) or section 27, WEA must, within 14 days of making the decision, give the company a written notice setting out:

                (a)    the details of the variation or revocation; and

               (b)    the reasons for the variation or revocation; and

                (c)    the date from which the variation or revocation takes effect.

         (3)   If WEA varies or revokes a condition imposed under subsection 8 (4) or 15 (3) or section 27, WEA may, if it considers it necessary or appropriate to do so, give the company a new instrument of accreditation that incorporates the effect of the variation or revocation.

29            Consultation before imposing, varying or revoking conditions

                Before imposing a condition on an accredited company under section 27, or varying or revoking a condition under section 28, WEA must consult the company.

Division 5              Cancellation of accreditation

30            Mandatory cancellation of accreditation

         (1)   WEA must decide to cancel the accreditation of a company if:

                (a)    the company is neither:

                          (i)    a registered company under Part 2A.2 of the Corporations Act 2001; nor

                         (ii)    a co‑operative; or

               (b)    the company is not a trading corporation to which paragraph 51 (xx) of the Constitution applies; or

                (c)    WEA is satisfied that the company is not a fit and proper company, having regard to the following:

                          (i)    the financial resources available to the company;

                         (ii)    the company’s risk management arrangements;

                         (iii)    the company’s business record;

                        (iv)    the company’s record in situations requiring trust and candour;

                         (v)    the business record of each executive officer of the company;

                        (vi)    the experience and ability of each executive officer of the company;

                        (vii)    the record in situations requiring trust and candour of each executive officer of the company;

                       (viii)    whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to dishonest conduct;

                        (ix)    whether the company, or an executive officer of the company, has been convicted of an offence against an Australian law or a foreign law, where the offence relates to the conduct of a business;

                         (x)    whether an order for a pecuniary penalty has been made against the company, or an executive officer of the company, under section 1317G of the Corporations Act 2001 or section 76 of the Trade Practices Act 1974;

                        (xi)    whether the company has contravened a condition of the company’s accreditation under this Scheme;

                        (xii)    whether an executive officer of the company has been involved in a contravention of a condition of an accreditation under this Scheme;

                       (xiii)    whether the company, or an executive officer of the company, has been convicted of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code;

                       (xiv)    whether the company, or an executive officer of the company, has committed or been involved in repeated contraventions, or a serious contravention, of a designated sanitary or phytosanitary measure;

                       (xv)    whether the company, or an executive officer of the company, has committed or been involved in a contravention of a United Nations sanctions provision;

                       (xvi)    whether the company, or an executive officer of the company, has committed or been involved in a contravention of an Australian law or a foreign law, where the contravention relates to trade in barley, canola, lupins, oats or wheat;

                      (xvii)    such other matters (if any) as WEA considers relevant; or

               (d)    if the company, or an associated entity, is the provider of one or more port terminal services — WEA is satisfied that the company or associated entity, as the case may be, fails the access test in relation to any of those services; or

Note   Section 24 of the Act sets out what the relevant access test is.

                (e)    WEA is satisfied that the company provided false or misleading information in its application for accreditation or renewal of accreditation.

Fit and proper company — 5‑year limit

         (2)   Subparagraphs (1) (c) (i) to (xvii) do not apply to an act, omission, matter or thing that occurred before the start of the 5‑year period that ended when the company first became accredited under this Scheme.

Ancillary provisions

         (3)   For the purposes of the application of subparagraph (1) (c) (viii), (ix) or (xiii) to a person who is an executive officer of a company, it is immaterial whether a conviction occurred before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (4)   For the purposes of the application of subparagraph (1) (c) (x) to a person who is an executive officer of a company, it is immaterial whether an order for a pecuniary penalty was made before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (5)   For the purposes of the application of subparagraph (1) (c) (xii), (xiv), (xv) or (xvi) to a person who is an executive officer of a company, it is immaterial whether a contravention occurred before or after the person became an executive officer of the company. This provision has effect subject to subsection (2).

         (6)   For the purposes of paragraph (1) (c), it is immaterial whether an act, omission, matter or thing occurred before or after the commencement of this section. This rule has effect subject to subsection (2).

         (7)   Subparagraphs (1) (c) (i) to (xvi) do not limit subparagraph  (1) (c) (xvii).

         (8)   This section extends to acts, omissions, matters and things outside Australia.

         (9)   This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

31            Discretionary cancellation of accreditation

                WEA may decide to cancel the accreditation of a company if:

                (a)    the company is an externally‑administered body corporate; or

               (b)    WEA is satisfied that the company has not complied with a condition of the company’s accreditation under this Scheme; or

                (c)    WEA is satisfied that the company provided false or misleading information to WEA (otherwise than in its application for accreditation or renewal of accreditation).

32            Consultation before cancellation

                Before making a decision under section 30 or 31 to cancel a company’s accreditation, WEA must consult the company.

33            Notice of cancellation

         (1)   If, after consulting a company, WEA decides to cancel the company’s accreditation under section 30 or 31, WEA must, within 14 days of making the decision, give the company a written notice setting out:

                (a)    the details of the cancellation; and

               (b)    the reasons for the cancellation.

         (2)   A cancellation takes effect on the day the notice is given to the company.

34            Post‑cancellation report

         (1)   If WEA cancels the accreditation of a company under this Division, the company must, within:

                (a)    30 days after the day on which the company was notified of the cancellation; or

               (b)    if WEA allows a longer period — that longer period;

give WEA:

                (c)    a post‑cancellation export report (see subsection (2)); and

               (d)    a post‑cancellation compliance report (see subsection (4)).

Post‑cancellation export report

         (2)   For the purposes of this section, a post‑cancellation export report is a written report setting out:

                (a)    the quantity of wheat exported by the company during the pre‑cancellation period, broken down by specification and country of destination; and

               (b)    the terms and conditions on which the company, or a related body corporate, acquired wheat from growers during the pre‑cancellation period for export by the company.

         (3)   Paragraphs (2) (a) and (b) do not apply:

                (a)    to the export of wheat in:

                          (i)    a bag; or

                         (ii)    a container;

                        that is capable of holding not more than 50 tonnes of wheat; or

               (b)    to an individual producer exporting wheat produced by that individual producer.

Post‑cancellation compliance report

         (4)   For the purposes of this section, a post‑cancellation compliance report is a written report relating to the company’s compliance, during the pre‑cancellation period, with:

                (a)    the conditions of the company’s accreditation under this Scheme; and

               (b)    Australian laws, and foreign laws, that are applicable to the applicant’s export trade in wheat; and

                (c)    United Nations sanctions provisions.

Pre‑cancellation period

         (5)   For the purposes of section, the pre‑cancellation period is the period:

                (a)    beginning at the start of the marketing year in which the company was notified of the cancellation of its accreditation; and

               (b)    ending when the company was notified of the cancellation of its accreditation.

Compliance

         (6)   A company must comply with a requirement referred to in subsection (1).

Note   Under subsection 21 (8) of the Act, subsection (6) is a civil penalty provision.

         (7)   A report under paragraph (1) (c) or (d) must be in the form approved by WEA.

Division 6              Suspension of accreditation

35            Suspension of accreditation

                WEA may suspend a company’s accreditation for a period not exceeding 3 months if:

                (a)    WEA is satisfied that one or more of the following grounds exists:

                          (i)    the accredited company has not complied with a condition of its accreditation or renewal of accreditation;

                         (ii)    the accredited company provided false or misleading information to WEA (otherwise than in its application for accreditation or renewal of accreditation); or

               (b)    WEA reasonably suspects that the company is not a fit and proper company.

36            Consultation before suspension

                Before making a decision under section 35 to suspend a company’s accreditation, WEA must consult the company.

37            Notice of suspension

         (1)   If, after consulting a company, WEA decides to suspend the company’s accreditation under section 35, WEA must, within 14 days of making the decision, give the company a written notice setting out:

                (a)    the details of the suspension; and

               (b)    the reasons for the suspension; and

                (c)    the day from which the suspension takes effect; and

               (d)    the period of the suspension.

         (2)   The day under paragraph (1) (c) must not be a day before the day the notice is given.

Division 7              Surrender of accreditation

38            Surrender of accreditation

         (1)   An accredited company may apply to WEA for consent to surrender its accreditation.

         (2)   WEA may refuse to consent to the surrender sought by the applicant unless:

                (a)    the applicant has complied with the conditions referred to in sections 23 and 24; and

               (b)    the applicant has given WEA a pre‑surrender export report (see subsection (3)); and

                (c)    the applicant has given WEA a pre‑surrender compliance report (see subsection (5)).

Pre‑surrender export report

         (3)   For the purposes of this section, a pre‑surrender export report is a written report setting out:

                (a)    the quantity of wheat exported by the applicant during the pre‑surrender period, broken down by specification and country of destination; and

               (b)    the terms and conditions on which the accredited wheat exporter, or a related body corporate, acquired wheat from growers during the pre‑surrender period for export by the accredited wheat exporter.

         (4)   Paragraphs (3) (a) and (b) do not apply:

                (a)    to the export of wheat in:

                          (i)    a bag; or

                         (ii)    a container;

                        that is capable of holding not more than 50 tonnes of wheat; or

               (b)    to an individual producer exporting wheat produced by that individual producer.

Pre‑surrender compliance report

         (5)   For the purposes of this section, a pre‑surrender compliance report is a written report relating to the applicant’s compliance, during the pre‑surrender period, with:

                (a)    the conditions of the accredited wheat exporter’s accreditation under this Scheme; and

               (b)    Australian laws, and foreign laws, that are applicable to the applicant’s export trade in wheat; and

                (c)    the United Nations sanctions provisions.

Pre‑surrender period

         (6)   For the purposes of this section, the pre‑surrender period is the period:

                (a)    beginning at the start of the marketing year in which the application for surrender was made; and

               (b)    ending when the application for surrender was made.

         (7)   A report under paragraph (2) (b) or (c) must be in the form approved by WEA.

Division 8              Applying to vary or revoke conditions of accreditation

39            Applying to vary or revoke conditions of accreditation

         (1)   An accredited company may apply to WEA in writing for WEA to make:

                (a)    a decision to vary or revoke a condition of the company’s accreditation, where the condition was imposed under subsection 8 (4) or  15 (3) or section 27; or

               (b)    a decision to vary the company’s accreditation otherwise than as mentioned in paragraph (a).

         (2)   A written application must:

                (a)    be in the form approved by WEA; and

               (b)    provide details of the decision that the applicant wants WEA to make; and

                (c)    include, or be accompanied by, the information and documents required by the form; and

               (d)    authorise WEA to independently check the accuracy of information and documents provided; and

                (e)    be lodged at a place, or by a means, specified in the form; and

                (f)    be accompanied by the relevant fee specified in Schedule 1 that is applicable to the application.

         (3)   WEA must not vary the period of a company’s accreditation.

40            Decision on application

                WEA may decide:

                (a)    to grant an application, or part of an application, under section 39; or

               (b)    to refuse to grant an application, or part of an application, under section 39.

41            Notice of decision

         (1)   Within 14 days of making a decision under section 40, WEA:

                (a)    must give the company a written notice of the decision; and

               (b)    may, if WEA considers it necessary or appropriate to do so, give the company a new instrument of accreditation that incorporates the effect of the decision.

         (2)   If WEA decides to grant an application, or part of an application, under section 39, the notice under paragraph (1) (a) must specify the date from which the revocation or variation takes effect.

42            Notice of refusal to vary or revoke conditions

                If WEA makes a decision under paragraph 40 (b) to refuse an application, or part of an application, made under section 39, WEA must, within 14 days of making the decision, give the applicant a written notice setting out the reasons for the decision.

43            Consultation before decision

                WEA must consult a company before making a decision under section 40 in relation to the company.

Part 3                 Miscellaneous

  

44            WEA may approve forms

                WEA may, in writing, approve a form for the purposes of a provision in this Scheme.

45            Accreditation not transferable

                An accredited company cannot transfer the company’s accreditation to another company.

46            Application fees

                An application under this Scheme, or under section 69 of the Act, must be accompanied by the relevant fee specified in Schedule 1 that is applicable to the application.


Schedule 1        Fees

(paragraphs 6 (2) (e), 13 (3) (e), 39 (2) (f) and section 46)

  

Item

Type of application

Fee ($)
(includes GST)

1

Application under section 6 to grant an accreditation

13 299

2

Application under section 13 to grant an accreditation by way of renewal

7 084

3

Application under section 39 to vary an accreditation

6 248

4

Application under section 69 of the Act for a reconsideration of a decision made by WEA under this Scheme

3 344


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.