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WHEAT MARKETING ACT 1984 NO. 141 OF 1984 - SECT 8
Transfer of wheat to another season
8. (1) Subject to sub-section (3), where, after the end of a season (in this
section referred to as the "first season"), the Board has in its possession
any unsold wheat, being wheat of that season that became at any time the
property of the Board under an Act (whether this Act, a State Act or an Act
repealed by this Act or a State Act), the Board may transfer some or all of
that wheat to another season (in this section referred to as the "second
season") that has ended (whether before or after the end of the first season)
and, where the Board so transfers any wheat, that wheat shall be deemed to be
wheat of the second season and not wheat of the first season.
(2) Subject to sub-section (3), the Board may attribute to wheat transferred
from the first season to the second season under sub-section (1) such price as
the Board considers appropriate.
(3) The Board shall not transfer a quantity of wheat from the first season to
the second season at a particular price if the transfer of that quantity of
wheat at that price would result in-
(a) an amount becoming payable to the Board under section 49 of the Wheat
Marketing Act 1979 or section 49 of this Act in respect of the
first season or the second season; or
(b) an amount becoming payable to the Board under that section in respect
of the first season or the second season that is greater than the
amount that would have become so payable if that quantity of wheat had
not been transferred at that price.
(4) Where wheat is transferred from the first season to the second season
under sub-section (1)-
(a) the net pool return for wheat of the first season shall be taken to be
increased by an amount equal to the total price attributed by the
Board to the wheat so transferred;
(b) the net pool return for wheat of the second season shall be taken to
be reduced by an amount equal to that total price;
(c) for the purposes of calculating the net pool return rate for the first
season, the net pool return for wheat of that season shall be divided
by a number of tonnes of wheat that includes the number of tonnes of
wheat so transferred; and
(d) for the purposes of calculating the net pool return rate for the
second season, the net pool return for wheat of that season shall be
divided by a number of tonnes of wheat that does not include the
number of tonnes of wheat so transferred.
(5) In this section-
"net pool return" and "net pool return rate" include a net pool return and
net pool return rate as defined in sub-section 4 (1) of the Wheat Marketing
Act 1979 ;
"season" includes a period that is a season for the purposes of an Act
repealed by this Act.
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