Commonwealth Numbered Acts

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WHEAT EXPORT MARKETING ACT 2008 (NO. 65, 2008) - SECT 21

Post-cancellation reports

             (1)  The wheat export accreditation scheme must provide that, if WEA cancels the accreditation of a company, 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 Act, 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 Act, 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 the wheat export accreditation 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‑cancellation period

             (5)  For the purposes of this Act, 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).

Ancillary contraventions

             (7)  A person must not:

                     (a)  aid, abet, counsel or procure a contravention of subsection (6); or

                     (b)  induce, whether by threats or promises or otherwise, a contravention of subsection (6); or

                     (c)  be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (6); or

                     (d)  conspire with others to effect a contravention of subsection (6).

Civil penalty provisions

             (8)  Subsections (6) and (7) are civil penalty provisions .

Note:          Part 8 provides for pecuniary penalties for breaches of civil penalty provisions.


 



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