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Wheat Export Marketing Bill 2008

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2008

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Wheat Export Marketing Bill 2008

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)         Clause 3, page 2 (line 14), omit “responsive to”, substitute “advances”.

(2)    Clause 5, page 6 (after line 10), after the definition of foreign law , insert:

individual producer means a wheat producer who deals solely in wheat which that individual producer has grown himself or herself.

(3)     Clause 7, page 9 (after line 7), after subclause (1), insert:

          (1A)  Notwithstanding subsection (1), an individual producer may export wheat provided that it is wheat produced by that individual producer.

(4)     Clause 15, page 18 (lines 27 to 30), omit subclause (2), substitute:

(2) Paragraphs (1)(c) and (d) do not apply:

                     (a)  to the export of wheat in:

                              (i)  a bag; or

                             (ii)  a container;

                            that is capable of holding not more than 50 tonnes of wheat; or

                     (b)  to an individual producer exporting wheat produced by that individual producer.

(5)     Clause 21, page 25 (lines 19 to 22), omit subclause (3), substitute:

(3) Paragraphs (2)(a) and (b) do not apply:

                     (a)  to the export of wheat in:

                              (i)  a bag; or

                             (ii)  a container;

                            that is capable of holding not more than 50 tonnes of wheat; or

                     (b)  to an individual producer exporting wheat produced by that individual producer.



(6)     Clause 22, page 27 (lines 26 to 29), omit subclause (4), substitute:

(4) Paragraphs (3)(a) and (b) do not apply:

                     (a)  to the export of wheat in:

                              (i)  a bag; or

                             (ii)  a container;

                            that is capable of holding not more than 50 tonnes of wheat; or

                     (b)  to an individual producer exporting wheat produced by that individual producer.

(7)     Page 69 (after line 3), before clause 87, insert:

86A  Operation of certain State and Territory laws

             (1)  In this section:

corporation means a trading corporation formed within the limits of the Commonwealth.

sale contract means a contract for the sale of grain or for the growing of grain and the sale of the grain, being a contract to which a corporation is a party and which is entered into by a corporation in the course of, or for the purposes of:

                     (a)  the export of the grain; or

                     (b)  trade and commerce:

                              (i)  among the States; or

                             (ii)  between a State and a Territory or between Territories; or

                            (iii)  within a Territory.

service contract means a contract, agreement or arrangement for the storage, handling or transport of grain for a corporation, being a contract to which a corporation is a party and which is entered into by the corporation in the course of, or for the purposes of:

                     (a)  the export of the grain; or

                     (b)  trade and commerce:

                              (i)  among the States; or

                             (ii)  between a State and a Territory or between Territories; or

                            (iii)  within a Territory.

State or Territory enactment means:

                     (a)  a State Act; or

                     (b)  an enactment of a Territory; or

                     (c)  an instrument made or issued under such an Act or enactment.

             (2)  A sale contract or a service contract is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

             (3)  A party to a sale contract or a service contract does not incur any liability, penalty or forfeiture under a prescribed State or Territory enactment by virtue only of having entered into the contract.



             (4)  Nothing in any prescribed State or Territory enactment operates to prevent a party to a sale contract or a service contract discharging obligations under the contract according to the terms of the contract.

             (5)  In the case of a sale contract, nothing in any prescribed State or Territory enactment operates to prevent the property in the grain passing to the purchaser according to the terms of the contract.

             (6)  A person who, under a contract (including a contract of service), agreement or arrangement with a party to a sale contract or a service contract, does anything on behalf of that party in the discharge of an obligation under the sale contract or the service contract does not incur any liability, penalty or forfeiture under any prescribed State or Territory enactment by virtue only of having done that thing, and the contract, agreement or arrangement between that person and the party is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

             (7)  A corporation does not incur any liability, penalty or forfeiture under a prescribed State or Territory enactment by virtue only of storing, handling or transporting grain for a purpose referred to in the definition of service contract in subsection (1).

             (8)  Nothing in any prescribed State or Territory enactment prevents a corporation storing, handling or transporting grain for a purpose referred to in the definition of service contract in subsection (1).

             (9)  A person who, under a contract (including a contract of service), agreement or arrangement with a corporation does anything for the corporation in, or in connection with, the storage, handling or transport of grain by the corporation does not incur any liability, penalty or forfeiture under any prescribed State or Territory enactment by virtue only of having done that thing, and the contract, agreement or arrangement between that person and the corporation is not rendered unlawful or unenforceable by any prescribed State or Territory enactment.

           (10)  Nothing in any prescribed State or Territory enactment operates to prevent a party to a contract, agreement or arrangement referred to in subsection (6) or (9) discharging obligations under the contract, agreement or arrangement according to its terms.

           (11)  Subsection (5) does not affect the rights of the holder of a security over grain for money owing.

           (12)  Subject to subsection (13), a reference in this section to a prescribed State or Territory enactment is a reference to:

                     (a)  a State or Territory enactment declared by the regulations to be a prescribed State or Territory enactment for the purposes of this section; or

                     (b)  a State or Territory enactment included in a class of State or Territory enactments declared by the regulations to be prescribed State or Territory enactments for the purposes of this section.

           (13)  The regulations must not prescribe a State or Territory enactment except in relation to the storage, handling and transport of grain or the marketing of wheat.

           (14)  The regulations may provide that a State or Territory enactment, or a State or Territory enactment included in a class of State or Territory enactments, is a prescribed State or Territory enactment only to the extent, or only in the circumstances, specified in the regulations.

                



           (15)  Regulations prescribing a State or Territory enactment for the purposes of this section must not be made unless the Minister has notified the Minister of the State or Territory responsible for the administration of the enactment of the subject matter of the regulations.

(8)     Clause 89, page 70 (line 2), omit “Before 1 January 2011”, substitute “By 1 January 2010”.

(9)     Clause 89, page 70 (line 17), at the end of paragraph (4)(b), add “before 1 July 2010”.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

19 June 2008