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Wheat Marketing Amendment Bill 2003

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2002-2003

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Wheat Marketing Amendment Bill 2002

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Dem (1) [Sheet RC210]

          Page 2 (after line 2), after clause 3, add:

4   Application

                   The Authority must prepare and publish the first reports under section 5C of the Wheat Marketing Act 1989 as amended by this Act for the financial year ending on 30 June 2003. However, the Authority is not required to publish a report under section 5C earlier than 4 months after the commencement of this Act.

(2)     Dem (2) [Sheet RC210]

          Schedule 1, item 1, page 3 (after line 12), at the end of the definition of wheat export charge amounts , add:

Note:          The charge mentioned in paragraph (a) is to be imposed by regulations that specify the period for which the charge is to apply.

(3)     Dem (3) [Sheet RC210]

          Schedule 1, page 3 (after line 12), after item 1, insert:

1A  Section 3

Insert:

related body corporate has the same meaning as in the Corporations Act 2001 .



(4)     Dem (4) [Sheet RC210]

          Schedule 1, item 2, page 3 (after line 32), after section 5B, insert:

5C   Reports about nominated company B’s performance

Report for Minister

             (1)  The Authority must prepare and give to the Minister each financial year a report in relation to:

                     (a)  nominated company B’s performance in relation to the export of wheat for the year; and

                     (b)  the benefits to growers that resulted from that performance.

             (2)  The Authority must give the report for a financial year to the Minister on or before 31 December in the next financial year.

Report for growers

             (3)  The Authority must prepare and publish a report for growers each financial year in relation to:

                     (a)  nominated company B’s performance in relation to the export of wheat for the year; and

                     (b)  the benefits to growers that resulted from that performance.

             (4)  The Authority must publish the report for a financial year on or before 31 December in the next financial year.

Note:          Information that is protected from disclosure by subsection 5E(2) must not be included in a report for growers.

5D   Power to obtain information

             (1)  The Authority may direct nominated company B, or a related body corporate of nominated company B, to give to the Authority:

                     (a)  information; or

                     (b)  documents, or copies of documents, in the custody or under the control of nominated company B or the related body corporate;

that the Authority considers relevant to the operation of pools mentioned in section 84 (including the costs of operating the pools and the returns to growers that result from the pools).

             (2)  A direction must:

                     (a)  be in writing; and

                     (b)  specify the information that is, or documents that are, to be given; and

                     (c)  specify the date by which the information is, or documents are, to be given.

             (3)  A direction may specify the manner and form in which the information is, or documents are, to be given.

             (4)  The directed company must comply with a direction.

             (5)  If the directed company does not comply with a direction by the specified date, the Authority may apply to the Federal Court for an order under subsection (6).

             (6)  If the Federal Court is satisfied that:

                     (a)  the directed company has not complied with the direction; and

                     (b)  if information is specified in the direction—the information is relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools); and

                     (c)  if documents are specified in the direction—the documents are in the custody or under the control of the directed company and are relevant to the operation of pools mentioned in section 84 (which may include the costs of operating the pools and the returns to growers that result from the pools);

the Federal Court may make the following orders:

                     (d)  an order granting an injunction requiring the directed company to comply with the direction;

                     (e)  any other order that the Court considers appropriate.

             (7)  The Federal Court may exercise powers under subsection (6) whether or not:

                     (a)  it appears to the Court that the directed company intends to continue to fail to comply with the direction; or

                     (b)  the directed company has previously failed to comply with a direction.

             (8)  The Federal Court may discharge or vary an injunction granted under this section.

5E   Dealing with confidential information

             (1)  This section applies to a person who is or has been:

                     (a)  a member of the Authority; or

                     (b)  a member of the staff of the Authority; or

                     (c)  a person who performs services in connection with the functions of the Authority; or

                     (d)  the Minister; or

                     (e)  a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ; or

                      (f)  a person appointed by the Minister to conduct the review under subsection 57(7); or

                     (g)  a person who assists a person mentioned in paragraph (f) in the conduct of the review.

             (2)  The person must not disclose information if:

                     (a)  either:

                              (i)  it is information given to the Authority under section 5D and the company that gave the information claims it is commercial-in-confidence information; or

                             (ii)  it is information contained in a document given to the Authority under section 5D and the company that gave the document claims that the information is commercial-in-confidence information; and

                     (b)  the disclosure of the information could reasonably be expected:

                              (i)  to cause financial loss or detriment to the directed company or a related body corporate of the directed company; or

                             (ii)  to directly benefit a competitor of the directed company or of a related body corporate of the directed company; or

                            (iii)  to reduce the return for a pool mentioned in section 84.

Penalty:  Imprisonment for 1 year.

             (3)  Subsection (2) does not prevent the person from disclosing information:

                     (a)  with the consent of the company that gave the information; or

                     (b)  in accordance with an order of a court; or

                     (c)  to any of the following persons, for a purpose in connection with the performance of the functions of the Authority:

                              (i)  a member of the Authority;

                             (ii)  a member of the staff of the Authority;

                            (iii)  a person who performs services in connection with the functions of the Authority; or

                     (d)  to the Minister; or

                     (e)  to a person employed as a member of staff of the Minister under section 13 or 20 of the Members of Parliament (Staff) Act 1984 ; or

                      (f)  to any of the following persons, for a purpose in connection with the conduct of the review under subsection 57(7):

                              (i)  a person appointed by the Minister to conduct the review;

                             (ii)  a person who assists a person mentioned in subparagraph (i) in the conduct of the review.

Note:          The defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

(5)     Dem (5) [Sheet RC210]

          Schedule 1, page 4 (after line 23), after item 4, insert:

4A  Subsection 57(7)

Repeal the subsection, substitute:

             (7)  Before the end of 2004, the Minister must cause an independent review to be conducted of the following matters:

                     (a)  the operation of subsection (1A) in relation to nominated company B;

                     (b)  the conduct of nominated company B in relation to:

                              (i)  consultations for the purposes of subsection (3A); and

                             (ii)  the granting or withholding of approvals for the purposes of subsection (3B);

                     (c)  whether benefits to growers have resulted from the performance of nominated company B in relation to the export of wheat;

                     (d)  the Authority’s performance of its functions under this Act.

             (8)  The persons who are to conduct the review are to be appointed by the Minister.

             (9)  The persons who conduct the review must:

                     (a)  be assisted by the Authority; and

                     (b)  make use of reports under section 5C and other information collected by the Authority.

           (10)  The persons who conduct the review must give the Minister a report of the review before the end of 2004.

           (11)  The persons who conduct the review must publish a report of the review for growers before the end of 2004.

Note:          Information that is protected from disclosure by subsection 5E(2) must not be included in a report for growers.

(6)     Opp (4) [Sheet 3016]

          At the end of section 57, add:

           (12)  The Minister must cause a copy of the report referred to in subsection (11) to be tabled in each House of the Parliament within 25 sitting days of that House after the day on which the Minister receives the report.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

27 June 2003 a.m.