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.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Wheat
Marketing Legislation Amendment Bill
1998
No. ,
1998
(Primary Industries and
Energy)
A Bill for an Act to amend
legislation relating to wheat marketing, and for related
purposes
Contents
Wheat Marketing Act
1989 8wmla0h1.html
Wheat Marketing Amendment Act 1997 8wmla0h1.html
A Bill for an Act to amend legislation relating to wheat
marketing, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Wheat Marketing Legislation Amendment Act
1998.
(1) Subject to this section, this Act commences on the 28th day after the
day on which it receives the Royal Assent.
(2) The amendments of the Wheat Marketing Act 1989 commence on 1
July 1999.
(3) The repeal of section 18 of the Wheat Marketing Amendment Act
1997 commences on 1 July 1999.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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.
In this Act, unless the contrary intention appears:
Board means the Australian Wheat Board.
constitution, in relation to a company, has the same meaning
as in the Corporations Law.
Fund unit means a unit of equity in the Wheat Industry Fund
that is held by a person (other than the Board) under regulations made under the
Wheat Marketing Act 1989.
nominated company means nominated company A, nominated
company B or nominated company C.
nominated company A has the same meaning as in the Wheat
Marketing Act 1989, as in force immediately before the commencement of this
section.
nominated company B has the same meaning as in the Wheat
Marketing Act 1989, as in force immediately before the commencement of this
section.
nominated company C has the same meaning as in the Wheat
Marketing Act 1989, as in force immediately before the commencement of this
section.
transfer time means the beginning of 1 July 1999.
(1) Not later than 31 March 1999, the Minister must make a written
determination that amends the constitutions of the nominated
companies.
(2) The determination takes effect according to its terms.
(3) After the transfer time, the determination cannot be revoked or
amended.
(4) The fact that the constitution of a nominated company has been amended
under this section does not prevent the later amendment of the constitution in
accordance with the Corporations Law.
(1) Immediately before the transfer time, all shares in nominated company
A are cancelled, by force of this section.
(2) Notice of the cancellation does not have to be given to the
company’s creditors.
(3) The company’s creditors are not entitled to object to the
cancellation.
(4) The cancellation does not have to be confirmed by a court.
(5) This section has effect despite anything in the Corporations
Law.
(1) At the transfer time:
(a) B Class shares in nominated company A are taken to be issued to the
persons who held Fund units immediately before the transfer time, at the rate of
one B Class share in respect of each Fund unit; and
(b) those Fund units are extinguished.
Note: B Class shares are provided for in the constitution of
nominated company A.
(2) Each person to whom shares are issued under subsection (1) becomes a
member of nominated company A, and is taken to have consented to be a member of
the company.
(3) If shares are issued according to this section, a court is not to make
an order reversing the issue of the shares.
(4) Nothing in this section prevents the issue of additional B Class
shares in accordance with the constitution of nominated company A.
(1) If an amount would have become payable to the Board after the transfer
time, and before the cutoff time, under section 86 of the Wheat Marketing Act
1989 (if the amendments made by this Act had not been made), then the amount
is payable instead to nominated company A.
(2) The Consolidated Revenue Fund is appropriated for the purposes of
payments under subsection (1).
(3) In this section:
cutoff time means a time prescribed by the regulations for
the purposes of this section.
(1) Nominated company A may continue to borrow money after the transfer
time under section 77A of the Wheat Marketing Act 1989 as if that
section, and any related provisions, had not been repealed.
(2) Section 78 of the Wheat Marketing Act 1989, and any related
provisions, continue to have effect after the transfer time in relation to the
following borrowings as if those provisions had not been repealed:
(a) money borrowed by nominated company A before the transfer time under
section 77A of the Wheat Marketing Act 1989; and
(b) money borrowed by nominated company A after the transfer time under
77A of the Wheat Marketing Act 1989 (as having effect after the transfer
time because of subsection (1) of this section).
(1) This section is enacted for the avoidance of doubt.
(2) If Division 2 or 3 of Part IV of the Public Service Act 1922
applies to an employee of a nominated company immediately before the transfer
time, then that Division ceases to apply to the employee at the transfer
time.
(3) If Division 4 of Part IV of the Public Service Act 1922 applies
to an employee of a nominated company immediately before the transfer time,
then:
(a) the Officers’ Rights Declaration Act 1928; and
(b) Division 4 of Part IV of the Public Service Act 1922;
cease to apply to the employee at the transfer time.
(4) If subsection (2) or (3) would have caused the termination of a
person’s return rights at a particular time after the commencement of this
section if the Public Service Act 1922 had not been repealed, then
section 6 or 7 of the Public Employment (Consequential and Transitional)
Amendment Act 1998 does not apply to the person after that time.
(5) The reference in subsection (4) to the termination of a person’s
return rights is a reference to any of the following ceasing to apply to the
person:
(a) Division 2, 3 or 4 of Part IV of the Public Service Act
1922;
(b) the Officers’ Rights Declaration Act 1928.
(1) The Governor-General may make regulations prescribing
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) In particular, regulations may be made for matters of a transitional
or saving nature arising from the amendments made by this Act.
(3) Without limiting subsection (2), regulations may be made for the
following matters of a transitional or saving nature arising from the amendments
made by this Act:
(a) the operation of the Privacy Act 1988 or the Freedom of
Information Act 1982;
(b) the rights and entitlements of persons who are, or have been,
employees of the Board or of a nominated company;
(c) the taxation liabilities of the Board, a nominated company or any
other person.
Omit “marketing”, substitute
“export”.
Repeal the section.
Repeal the sections, substitute:
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.
repealed Part 3A means Part 3A of this Act that was repealed
by the Wheat Marketing Legislation Amendment Act 1998.
Repeal the Parts, substitute:
(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.
(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.
(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.
(1) The Authority consists of the following members:
(a) a Chairperson;
(b) a member nominated by the Grains Council;
(c) a government member.
(2) Each member is to be appointed by the Minister, in writing, for a
specified term of up to 3 years.
(3) The members hold office on a part-time basis.
A member may resign by giving the Minister a signed notice of
resignation.
(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 21 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.
(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.
(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, 2 members constitute 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.
(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 19(3) of the Commonwealth Authorities and
Companies Act 1997.
(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.
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.
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.
(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.
(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).
Repeal the heading, substitute:
6
Division 1 of Part 4 (heading)
Repeal the heading.
Omit “, other than the Board,”.
Omit “Board”, substitute “Authority”.
Insert:
(1A) The prohibition in subsection (1) does not apply to nominated company
B until 1 July 2004.
Omit “Board’s”, substitute
“Authority’s”.
Insert:
(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.
(3C) Subsections (3A) and (3B) do not apply to a consent given by the
Authority on or after 1 July 2004.
(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.
Omit “Board” (wherever occurring), substitute
“Authority”.
Add:
(6) For
the purposes of subsection 51(1) of the Trade Practices Act 1974,
anything that is done by nominated company B under this section, or for the
purposes of this section, is to be regarded as specified in this section and
specifically authorised by this section.
14 Divisions 1A, 2
and 3 of Part 4
Repeal the Divisions.
Repeal the Parts.
Repeal the sections, substitute:
(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 reasonable, and 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.
17
Subsection 88(1) (definition of
corporation)
Omit “, but does not include the Board”.
Repeal the sections.
Omit “section 7 or”.
Repeal the subsections.
Repeal the Schedule.
Wheat
Marketing Amendment Act 1997
Repeal the section.
23
At the end of Division 3 of Part 2
Add:
(1) Subject to subsection (2), the Board must
exercise its powers under this Division so that, immediately before 1 July 1999,
the Board no longer has any assets, liabilities, rights or employees that could
have been transferred by the Board under this Division.
(2) The Board must ensure that, on 1 July 1999, the Board still has the
amount of money determined by the Minister under subsection (3).
(3) Before 1 April 1999, the Minister must make a written determination
that specifies an amount for the purposes of subsection (2). The specified
amount cannot be more than $5 million.
(1) On 1 July 1999, the following assets of the Board vest in nominated
company A without any conveyance, transfer or assignment:
(a) money in the Wheat Industry Fund;
(b) an investment of the Wheat Industry Fund;
(c) any other asset that was acquired using money in the Wheat Industry
Fund.
(2) Nominated company A becomes the Board’s successor in law in
relation to those assets.
(3) Divisions 4 and 7 apply in relation to the vesting of assets under
this section in the same way as they apply in relation to the vesting of assets
under section 9.