Commonwealth Numbered Acts

WHEAT MARKETING ACT 1984 NO. 141 OF 1984 - SECT 33

33. (1) Subject to this section, the Board shall keep a separate account of-

   (a)  moneys received by the Board by reason of the inclusion in the price
        for a sale of wheat to which section 32 applies or a sale in Australia
        of overseas wheat of an amount referred to in sub-section 32 (5);

   (b)  such proportion of the moneys received by the Board under section 50
        as is equal to the amounts referred to in paragraph 6 (c) of the
        Wheat Tax  (Permit) Act 1984 that would have been received under that
        Act in respect of all permits issued by the Board under section 22 of
        this Act or the corresponding provision of a State Act with respect to
        a season if the total quantity of wheat authorized by those permits to
        be purchased during that season had been the same as the total
        quantity of wheat that was purchased under those permits during that
        season; and

   (c)  payments made out of the moneys referred to in paragraphs (a) and (b),
        and the Board shall not apply those moneys except in accordance with
        this section.

(2) The Board may combine the account required to be kept under sub-section
(1) with any similar account or accounts to be kept by it under a State Act.

(3) The Board shall use the moneys referred to in sub-section (1) in meeting
the costs of shipment of wheat (including overseas wheat) by the Board to a
port in Tasmania, and shall not use for that purpose any other moneys derived
by it from the sale of wheat acquired by it under this Act or from the sale in
Australia of overseas wheat.

(4) The Board shall not meet any costs of shipment of wheat under sub-section
(3) to the extent that those costs exceed the costs of shipment of that wheat
from whichever of the following ports in Victoria the costs of that shipment
are lower:

   (a)  Geelong;

   (b)  Portland.

(5) Any moneys referred to in sub-section (1) that are not, and in the opinion
of the Board are not likely to be, required for the purpose of payments under
sub-section (3) shall be applied by the Board for the benefit of the wheat
industry in such manner as the Minister, after consultation with the
appropriate Minister of each State, directs.

(6) Any moneys referred to in sub-section 27 (1) of the Wheat Marketing Act 
1979 , as continued in force by section 65 of this Act, that remain unexpended
after the Board has made the final payment required to be made under
sub-section 27 (3) of that Act shall be deemed to be moneys referred to in
sub-section (1) of this section.

(7) In relation to sales of wheat (including overseas wheat) by the Board for
shipment to a port in Tasmania in respect of which the Board bears the cost of
shipment, the Board shall take such measures as are practicable to obtain
recoupment of the cost of the shipment in respect of such of that wheat as is
used in the production in Tasmania of wheat products (including wheat products
made in whole or in part from overseas wheat) that are sent to other States
for use in Australia, and may include in any contracts made by the Board
provisions for that purpose.

(8) Any moneys received by the Board in accordance with sub-section (7) by way
of recoupment of costs of shipment shall be deemed to be moneys referred to in
sub-section (1).

(9) In this section-

   (a)  a reference to the costs of shipment of wheat includes a reference to
        the costs of unloading the wheat; and

   (b)  a reference to a port in Tasmania is a reference to the port, or the
        first port, at which the wheat (including overseas wheat) concerned is
        landed.