Commonwealth Numbered Acts

WHEAT MARKETING ACT 1984 NO. 141 OF 1984 - SECT 26

26. (1) The Board shall make an interim advance payment determined by the
Board in accordance with sub-section (2) in respect of wheat of each category
of a season acquired before 1 March of that season by the Board under this Act
if, at the time when the wheat is so acquired, the guaranteed minimum price
for wheat of that category of that season has not been determined.

(2) The amount of an interim advance payment under sub-section (1) in respect
of wheat of a particular category of a season is an amount calculated at 90%
of the preliminary guaranteed minimum price for wheat of that category of that
season increased or decreased, as the case may be, by such allowances as the
Board considers proper for the matters set out in sub-section (6).

(3) For the purposes of sub-section (2), the Minister shall-

   (a)  in relation to the season commencing on 1 July 1984-as soon as
        practicable after the commencement of this Act; or

   (b)  in relation to every other season-before 1 October of that season,
        having regard to any advice or information furnished to the Minister
        by the Board or the Bureau of Agricultural Economics, make a
        preliminary estimate of the guaranteed minimum price for wheat of each
        category of that season.

(4) The Board shall make a final advance payment determined by the Board in
accordance with sub-section (5) in respect of wheat of each category of a
season acquired by the Board under this Act as soon as practicable after the
guaranteed minimum price for that wheat has been determined.

(5) The amount of a final advance payment under sub-section (4) in respect of
wheat of a particular category of a season is an amount calculated at the
guaranteed minimum price for Australian standard white wheat of that season
increased or decreased, as the case may be, by such allowances as the Board
considers proper for the matters set out in sub-sections (6) and (7).

(6) The following matters are matters for which allowances referred to in
sub-section (2) or (5) in respect of wheat of a particular category of a
season may be calculated:

   (a)  where the wheat is wheat of a prescribed class of that category-the
        characteristics of the variety or varieties of wheat included in that
        class and-

        (i)    where the wheat was delivered to the Board-the place at which
               the wheat was so delivered; or

        (ii)   in any other case-the place at which, if the wheat had been
               delivered to the Board, it would, in the opinion of the Board,
               have been so delivered;

   (b)  where the wheat was delivered to the Board-

        (i)    charges by the Board in respect of costs of the transport of
               the wheat to a terminal port from the place at which the wheat
               was so delivered;

        (ii)   charges by the Board in respect of so much of the cost to the
               Board of remuneration payable under an agreement in force
               between the Board and the authorized receiver to whom the wheat
               was so delivered as is applicable to the wheat; and

        (iii)  the time of delivery of the wheat;

   (c)  where the wheat was not delivered to the Board -

        (i)    charges that the Board would have made if the wheat had been
               delivered to the Board in respect of the cost of the transport
               of the wheat from the place at which, in the opinion of the
               Board, the wheat would have been so delivered to the
               appropriate terminal port in relation to that place; and

        (ii)   charges by the Board in respect of so much of the cost to the
               Board of that proportion of the remuneration payable by the
               Board to the authorized receiver at the place referred to in
               sub-paragraph (i) that is specified in a notice from the
               authorized receiver to the Board under the relevant provision
               of the State Act as would be applicable to the wheat if the
               wheat had been delivered to the authorized receiver at that
               place;

   (d)  other necessary adjustments.

(7) An additional matter for which allowances referred to in sub-section (5)
in respect of wheat of a particular category of a season may be calculated is
the quality of the wheat.

(8) The power of the Board to determine allowances referred to in sub-section
(2) or (5) includes a power to determine allowances with respect to some only
of the matters set out in sub-sections (6) and (7) and to determine different
allowances with respect to different grades or different prescribed classes of
any category of wheat.

(9) Where the price received by the Board under a contract of sale of wheat
entered into under section 23 differs from the price that would be the
appropriate price for the wheat if the wheat were Australian standard white
wheat sold under a contract of sale to which section 32 applied, the amount of
an advance payment that would, but for this sub-section, be payable under
sub-section (1) or (4) in respect of that wheat shall-

   (a)  where the first-mentioned price is less than the second-mentioned
        price-be reduced by the amount of the difference between the 2 prices;
        or

   (b)  where the first-mentioned price exceeds the second-mentioned price-be
        increased by the amount of the difference between the 2 prices.

(10) The Board may make advances to a person on account of interim advance
payments under sub-section (1) in respect of wheat of each category of a
season.

(11) An interim advance payment under sub-section (1) in respect of wheat
shall be reduced by an amount equal to the aggregate of-

   (a)  the amount of any advance under sub-section (10); and

   (b)  the amount of any advance payment made by the Board under an Act
        repealed by this Act, in respect of that wheat.

(12) A final advance payment under sub-section (4) in respect of wheat shall
be reduced by the amount of any interim advance payment under sub-section (1)
in respect of that wheat.

(13) An advance payment in respect of wheat of a category of a season under
sub-section (1) or (4)-

   (a)  may be paid as a lump sum on, or as soon as practicable after,
        delivery of the wheat to the Board; or

   (b)  if the Board and the person to whom the payment is to be made agree,
        may be paid at such later time as is, or may comprise 2 or more
        payments to be made at such later times as are, determined by
        agreement between the Board and that person, and shall be paid on such
        conditions (including conditions relating to the payment to that
        person of interest on the amount of the advance payment that is from
        time to time unpaid) as are so determined.

(14) The Board shall not enter into an agreement of a kind referred to in
paragraph (13) (b) with a person in relation to an advance payment under this
section in respect of wheat of a particular category of a season on conditions
that are inequitable as regards other persons who have received, or will
receive, such advance payments under this section in respect of wheat of that
category of that season.

(15) Where-

   (a)  wheat is delivered to the Board at a particular place on a day (in
        this
sub-section referred to as the "delivery day") within a prescribed period in
relation to that place;

   (b)  the wheat was available for delivery on the prescribed day in relation
        to that place; and

   (c)  an interim advance payment under sub-section (1) is payable in respect
        of the wheat, the Board may, in calculating an allowance for the
        matter referred to in sub-paragraph (6) (b) (iii), include an amount
        equal to the amount of interest that the person to whom the interim
        advance payment is payable would have received if that person-

   (d)  had delivered the wheat to the Board on the prescribed day; and

   (e)  had, on that day, entered into an agreement under paragraph (13) (b)
        providing for the payment of the whole of the interim advance payment
        on the delivery day.

(16) The obligations of the Board under this section in respect of any wheat
are subject to the operation of the Wheat Tax Acts.

(17) In this section-

"prescribed class", in relation to wheat of a particular category, means a
class determined by the Board of wheat of that category, being a class so
determined by reference to a variety or varieties of wheat, whether or not it
is also so determined by reference to another criterion or other criteria;

"prescribed day", in relation to the delivery of wheat to the Board at a
particular place, is the day on which, in the opinion of the Board, wheat
would normally become available for delivery at that place;

"prescribed period", in relation to a particular place, means the period of 12
weeks commencing on the expiration of the period of 2 weeks after the
prescribed day in relation to that place;

"season" does not include the season commencing on 1 July 1989 or the next
succeeding season.