Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Wheat Marketing Amendment Bill 2002
First Reading
$$T
2002
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
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
Contents
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Each Act that is specified in a Schedule to this Act is amended or repealed as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
Insert:
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
Add:
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
Add:
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.
$$A