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Schedule 4 — Non-bulk export of wheat etc.
1 Section 3
Insert:
accredited testing laboratory means a person or body that is accredited as an accredited testing laboratory under the non-bulk wheat quality assurance scheme.
2 Section 3
Insert:
non-bulk wheat quality assurance scheme means the scheme under subsection 67(1).
3 At the end of paragraph 5(1)(a)
Add “(other than the export of wheat in bags or containers)”.
4 Paragraph 5(1)(c)
Repeal the paragraph, substitute:
(c) such other functions as are conferred on the Authority by:
(i) this Act; or
(ii) the non-bulk wheat quality assurance scheme.
5 Subsection 5A(1)
After “Australia”, insert “(other than the export of wheat in bags or containers)”.
6 Part 4 (heading)
Repeal the heading, substitute:
7 Subsection 57(1) (penalty)
Repeal the penalty, substitute:
Penalty: 600 penalty units.
Note: The heading to section 57 is altered by inserting “ bulk ” before “ export ”.
8 After subsection 57(1)
Insert:
(1AA) The prohibition in subsection (1) does not apply to the export of wheat in bags or containers.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1AA)—see subsection 13.3(3) of the Criminal Code .
9 Subsection 57(3B)
Omit “bulk-export”.
10 Subsection 57(3B)
Omit “For this purpose a consent is a bulk-export consent unless it is limited to export in bags or containers.”.
11 Subsections 60(1) and (2)
Omit “bulk-export”.
12 Paragraphs 62(1)(a) and (b)
Omit “bulk-export”.
13 Section 65 (definition of bulk-export consent )
Repeal the definition.
14 After Part 5
Insert:
Part 6 — Non-bulk export of wheat
66 Compliance with non-bulk wheat quality assurance scheme
(1) A person commits an offence if:
(a) the person exports wheat in bags or containers; and
(b) the person contravened a requirement imposed on the person by the non-bulk wheat quality assurance scheme in relation to the export of the wheat.
Penalty: 600 penalty units.
(2) Subsection (1) does not apply if the export of the wheat occurs in circumstances specified in the regulations.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) does not apply if the Authority gave its consent to the export of the wheat under subsection 57(1) before the commencement of this section.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3)—see subsection 13.3(3) of the Criminal Code .
67 Non-bulk wheat quality assurance scheme
(1) The Authority may, by legislative instrument, formulate a scheme directed towards the achievement of the objective of ensuring that wheat exported in bags or containers corresponds with the relevant contractual description of the wheat.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(2) The scheme under subsection (1) is to be known as the non-bulk wheat quality assurance scheme .
(3) The non-bulk wheat quality assurance scheme may:
(a) provide for the accreditation of persons or bodies as accredited testing laboratories; and
(b) require exporters of wheat in bags or containers:
(i) to obtain a certificate from an accredited testing laboratory; and
(ii) to do so under a contract entered into with the accredited testing laboratory; and
(c) set out other requirements to be complied with by exporters in relation to the export of wheat in bags or containers; and
(d) set out requirements that must be complied with by accredited testing laboratories in relation to the issue of certificates.
(4) The non-bulk wheat quality assurance scheme may provide that an accredited testing laboratory may charge a fee for issuing a certificate under the scheme. A fee must not be such as to amount to taxation.
(5) The non-bulk wheat quality assurance scheme may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Authority.
(6) The non-bulk wheat quality assurance scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
(7) Subsection (6) has effect despite anything in subsection 14(2) of the Legislative Instruments Act 2003 .
(8) If the non-bulk wheat quality assurance scheme makes provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in any other instrument or writing, the Authority must ensure that the text of the matter applied, adopted or incorporated is made publicly available on its Internet site.
(9) Subsections (3), (4), (5) and (6) do not limit subsection (1).
(10) Before exercising a power conferred by subsection (1), the Authority must consult the Minister.
Note: For other consultation requirements, see Part 3 of the Legislative Instruments Act 2003 .