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Wheat Export Marketing (Repeal and Consequential Amendments) Bill 2008

Schedule 3 Transitional provisions

   

1  Definitions

In this Schedule:

AWB (International) Ltd means AWB (International) Limited (ACN 081 890 413 ).

evidential burden , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

EWC means the Export Wheat Commission.

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

transition time means the commencement of section 4 of the Wheat Export Marketing Act 2008 .

WEA means Wheat Exports Australia.

2  Transfer of appropriated money

(1)       For the purposes of the operation of an Appropriation Act after the transition time, references to the EWC are to be read as references to WEA.

(2)       In this item:

Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.

3  Termination of EWC appointments

(1)       This item applies to a person who, immediately before the transition time, held office as a member of the EWC.

(2)       The person ceases to hold that office at the transition time.

(3)       Neither this Act nor the Wheat Export Marketing Act 2008 prevents the person from being appointed as a member of WEA.

4  Wheat Exports Australia Special Account

(1)       The Export Wheat Commission Special Account is abolished.

(2)       There is to be credited to the Wheat Exports Australia Special Account an amount equal to the balance of the Export Wheat Commission Special Account as at immediately before the transition time.

5  Final report of the EWC’s operations

(1)       WEA must, as soon as practicable after the end of the 9-month period that began on 1 October 2007, prepare and give to the Minister a report of the EWC’s operations during that 9-month period.

(2)       The Minister must cause a copy of the subitem (1) report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

(3)       Section 34C of the Acts Interpretation Act 1901 applies to the subitem (1) report as if the report were a regular report.

6  Confidentiality of information given to the EWC

Despite the repeal of section 5E of the Wheat Marketing Act 1989 by this Act, that section continues to apply, in relation to:

                     (a)  information given to the EWC under section 5D of that Act before the commencement of this item; and

                     (b)  information contained in a document given to the EWC under section 5D of that Act before the commencement of this item;

as if that repeal had not happened.

7  EWC may formulate the wheat export accreditation scheme before the transition time

(1)       This item applies to the power conferred on WEA by section 8 of the Wheat Export Marketing Act 2008 .

(2)       The EWC may exercise the power before the transition time as if:

                     (a)  sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 21, 22 and 24 of the Wheat Export Marketing Act 2008 had come into operation; and

                     (b)  the reference in section 8 of the Wheat Export Marketing Act 2008 to WEA were a reference to the EWC.

(3)       An instrument made by the EWC in accordance with subitem (2) has effect, after the transition time, as if it had been made by WEA.

(4)       Section 5B of the Wheat Marketing Act 1989 does not apply to the power conferred by subitem (2).

8  EWC may approve forms under the wheat export accreditation scheme before the transition time

(1)       This item applies if:

                     (a)  the EWC has formulated the wheat export accreditation scheme before the transition time; and

                     (b)  the scheme confers on WEA the power to approve a form.

(2)       The EWC may exercise the power before the transition time as if:

                     (a)  the scheme had come into operation; and

                     (b)  each reference in the scheme to WEA were a reference to the EWC.

(3)       A form approved by the EWC in accordance with subitem (2) is, after the transition time, taken to have been approved by WEA.

(4)       Section 5B of the Wheat Marketing Act 1989 does not apply to the power conferred by subitem (2).

9  Export of wheat before 1 October 2008—exceptions to prohibition

(1)       The prohibition in subsection 7(1) of the Wheat Export Marketing Act 2008 does not apply to the export of wheat by AWB (International) Ltd before 1 October 2008.

(2)       The prohibition in subsection 7(1) of the Wheat Export Marketing Act 2008 does not apply to the export of wheat before 1 October 2008 if:

                     (a)  before the transition time, the EWC had given consent under subsection 57(1) of the Wheat Marketing Act 1989 to the export of the wheat; and

                     (b)  the export of the wheat is in accordance with the terms of that consent.

(3)       A person who wishes to rely on subitem (1) or (2) bears an evidential burden in relation to that matter.

Note:       For evidential burden , see item 1 of this Schedule.

10  Final reports about AWB (International) Ltd’s performance

Report to Minister

(1)       WEA must prepare and give to the Minister a report in relation to:

                     (a)  AWB (International) Ltd’s performance in relation to the export of wheat during the period:

                              (i)  beginning on 1 July 2007; and

                             (ii)  ending at the finalisation time for the 2007-2008 pool; and

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

(2)       WEA must give the subitem (1) report to the Minister within:

                     (a)  6 months after the finalisation time for the 2007-2008 pool; or

                     (b)  if the Minister allows a longer period—that longer period.

Report for growers

(3)       WEA must prepare and publish a report for growers in relation to:

                     (a)  AWB (International) Ltd’s performance in relation to the export of wheat during the period:

                              (i)  beginning on 1 July 2007; and

                             (ii)  ending at the finalisation time for the 2007-2008 pool; and

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

(4)       WEA must publish the subitem (3) report within:

                     (a)  6 months after the finalisation time for the 2007-2008 pool; or

                     (b)  if the Minister allows a longer period—that longer period.

Power to obtain information

(5)       Despite the repeal of section 5D of the Wheat Marketing Act 1989 by this Act, that section continues to apply, until the latest of the following times:

                     (a)  6 months after the finalisation time for the 2007-2008 pool;

                     (b)  if the Minister allows a longer period under paragraph (2)(b) of this item—the end of that longer period;

                     (c)  if the Minister allows a longer period under paragraph (4)(b) of this item—the end of that longer period;

as if:

                     (d)  that repeal had not happened; and

                     (e)  each reference to the EWC in that section were a reference to WEA.

Protected confidential information

(6)       For the purposes of the Wheat Export Marketing Act 2008 , information is protected confidential information if:

                     (a)  either:

                              (i)  it is information given to WEA under section 5D of the Wheat Marketing Act 1989 (as that section continues to apply under subitem (5)), 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 WEA under section 5D of the Wheat Marketing Act 1989 (as that section continues to apply under subitem (5)), 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 company; or

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

                            (iii)  to directly benefit a competitor of the company; or

                            (iv)  to directly benefit a competitor of a related body corporate of the company.

Finalisation time for the 2007-2008 pool

(7)       For the purposes of this item, if:

                     (a)  AWB (International) Ltd purchased wheat for inclusion in a pool mentioned in section 84 of the Wheat Marketing Act 1989 ; and

                     (b)  the wheat was harvested during the financial year beginning on 1 July 2007;

then:

                     (c)  the pool is the 2007-2008 pool ; and

                     (d)  the finalisation time for the 2007-2008 pool is the time when AWB (International) Ltd makes its final distribution to participants in the pool.

11  Pending EWC investigations

Despite the repeal of section 5DC of the Wheat Marketing Act 1989 by this Act, that section continues to apply, in relation to:

                     (a)  an investigation begun before the transition time; and

                     (b)  a report about such an investigation;

as if:

                     (c)  that repeal had not happened; and

                     (d)  each reference to the EWC in that section were a reference to WEA.