Part 1 — Amendments

Wheat Export Marketing Act 2008

1  Section 5 (definition of Australian law )

Repeal the definition.

2  Section 5 (definition of business )

Repeal the definition.

3  Section 5 (definition of marketing year )

Repeal the definition.

4  Section 5 (definition of old Act )

Repeal the definition.

5  Section 5 (definition of protected confidential information )

Repeal the definition.

6  Section 5 (definition of related body corporate )

Repeal the definition.

7  Section 5 (definition of WEA Chair )

Repeal the definition.

8  Section 5 (definition of WEA member )

Repeal the definition.

9  Section 5 (definition of WEA staff )

Repeal the definition.

10  Section 5 (definition of wheat export charge amounts )

Repeal the definition.

11  Division 5 of Part 2

Repeal the Division.

12  Part 4

Repeal the Part.

13  Part 5 (heading)

Repeal the heading, substitute:

Part 2 — Transitional provisions

Division 1—Preliminary

23  Definitions

In this Part:

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

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective.

assets official , in relation to an asset other than land, means the person or authority who, under:

                     (a)  a law of the Commonwealth, a State or a Territory; or

                     (b)  a trust instrument; or

                     (c)  otherwise;

has responsibility for keeping a register in relation to assets of the kind concerned.

commencement time means the commencement of this Part.

departmental item means a departmental item in the most recent Appropriation Act.

Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997 .

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

Secretary means the Secretary of the Department.

WEA has the same meaning as in the Wheat Export Marketing Act 2008 .

Division 2—Transfer of assets and liabilities

24  Vesting of assets of WEA

(1)       This item applies to the assets of WEA immediately before the commencement time.

(2)       At the commencement time, the assets cease to be assets of WEA and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the assets.

25  Vesting of liabilities of WEA

(1)       This item applies to the liabilities of WEA immediately before the commencement time.

(2)       At the commencement time, the liabilities cease to be liabilities of WEA and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the liabilities.

26  Certificates relating to vesting of land

(1)       This item applies if:

                     (a)  any land vests in the Commonwealth under this Division; and

                     (b)  there is lodged with a land registration official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the land, whether by reference to a map or otherwise; and

                            (iii)  states that the land has become vested in the Commonwealth under this Division.

(2)       The land registration official may:

                     (a)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (b)  deal with, and give effect to, the certificate.

(3)       A certificate made under subitem (1) is not a legislative instrument.

27  Certificates for vesting of assets other than land

(1)       This item applies if:

                     (a)  an asset other than land vests in the Commonwealth under this Division; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in the Commonwealth under this Division.

(2)       The assets official may:

                     (a)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (b)  make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Division.

(3)       A certificate made under subitem (1) is not a legislative instrument.

28  Exemption from stamp duty and other State or Territory taxes

(1)       No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.

(2)       An exempt matter is:

                     (a)  the vesting of an asset or liability under this Division; or

                     (b)  the operation of this Part in any other respect.

(3)       The Minister may certify in writing:

                     (a)  that a specified matter is an exempt matter; or

                     (b)  that a specified thing was connected with a specified exempt matter.

(4)       A certificate made under subitem (3) is not a legislative instrument.

29  Certificates taken to be authentic

A document that appears to be a certificate made or issued under this Part:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

Division 3—Transfer of other matters

30  Transitional—acts of WEA to be attributed to the Commonwealth

(1)       This item applies to anything done by, or in relation to, WEA before the commencement time.

(2)       After the commencement time, the thing has effect as if it had been done by, or in relation to, the Commonwealth.

31  Transitional—substitution of the Commonwealth as a party in certain proceedings

(1)       This item applies to any proceedings:

                     (a)  that were pending in any court or tribunal immediately before the commencement time; and

                     (b)  to which WEA was a party.

(2)       The Commonwealth is substituted for WEA, from the commencement time, as a party to those proceedings.

32  Transitional—transfer of records to the Department

(1)       This item applies to any records or documents that:

                     (a)  were in the possession of WEA immediately before the commencement time; and

                     (b)  relate to WEA.

(2)       The records and documents are to be transferred to the Department after the commencement time.

33  Transitional—transfer of Ombudsman investigations

If:

                     (a)  before the commencement time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to action taken by WEA; and

                     (b)  immediately before the commencement time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976 ;

the Ombudsman Act 1976 applies after the commencement time as if that action had been taken by the Department.

34  References in certain instruments to Wheat Exports Australia

(1)       If:

                     (a)  an instrument is in force immediately before the commencement of this item; and

                     (b)  the instrument contains a reference to Wheat Exports Australia;

the instrument has effect from the commencement time as if the reference to Wheat Exports Australia was a reference to the Commonwealth.

(2)       The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified reference.

(3)       A determination under subitem (2) is not a legislative instrument.

Division 4—Other transitional matters

35  Transitional—secrecy of information obtained under the Wheat Export Marketing Act 2008

(1)       This item applies in relation to the following provisions (the information provisions ) of the Wheat Export Marketing Act 2008 as in force immediately before the commencement time:

                     (a)  the definition of WEA in section 5;

                     (b)  the definition of WEA member in section 5;

                     (c)  the definition of WEA staff in section 5;

                     (d)  the definition of protected confidential information in section 5;

                     (e)  Part 7.

(2)       Despite the repeal of the information provisions by this Schedule, those provisions continue to apply, in relation to protected confidential information disclosed to, or obtained by, a person before the commencement time, as if those repeals had not happened and as if the following paragraph were added at the end of subsection 74(3) of that Act:

                   ; (p)  the disclosure is to an officer or employee of the Department for a purpose that is relevant to a function of the Department.

36  Appropriation of money

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

(2)       If an amount (the Account balance ) stands to the credit of the Wheat Industry Special Account immediately after the commencement time, the Minister must, by writing, determine that one or more specified departmental items for the Department are to be increased by specified amounts.

(3)       The sum of the amounts specified in the determination must equal:

                     (a)  if the Account balance is not more than $500,000—the Account balance; and

                     (b)  otherwise—$500,000.

(4)       In making the determination, the Minister must comply with any written directions given by the Finance Minister.

(5)       If the Minister makes a determination under subitem (2):

                     (a)  the sum of the amounts specified in the determination is debited from the Wheat Industry Special Account; and

                     (b)  the departmental items specified in the determination are taken to be increased in accordance with the determination.

(6)       Neither a determination made under subitem (2) nor a direction under subitem (4) is a legislative instrument.

37  Compensation for acquisition of property

(1)       If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)       In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

38  Delegation by Minister

(1)       The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to a person.

(2)       The delegate must be:

                     (a)  the Secretary; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:       The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901 .

(3)       In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

39  Transitional—regulations

(1)       The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2)       The regulations may provide that the provisions of this Part are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.

(3)       Subitem (2) does not limit subitem (1).