Commonwealth Numbered Acts

WHEAT MARKETING ACT 1979 No. 166 of 1979 - SECT 19

19. (1) Where a person (in this section referred to as ''the offeror'') offers
to purchase for use or consumption in Australia wheat that is in the
possession of another person (in this section referred to as ''the grower'')
in a Territory, the grower may, by notice served by post on the Board, notify
the Board accordingly.

(2) A notice under sub-section (1) shall be in accordance with a form approved
by the Board and shall specify-

   (a)  the name and address of the grower;

   (b)  the name and address of the offeror;

   (c)  the quantity, the grade and the variety of the wheat to which the
        offer made by the offeror relates;

   (d)  the terms and conditions (including the price) of the offer made by
        the offeror; and

   (e)  such other information as is required by the notice.

(3) Where, on the receipt by the Board of a notice under sub-section (1), an
authorized person is satisfied-

   (a)  that the terms and conditions of the offer made by the offeror are
        satisfactory and, in particular, that the price set out in the offer
        is not less than the price that would be the appropriate price for the
        wheat in accordance with section 26 if the wheat were to be sold by a
        contract of sale to which that section applied; and

   (b)  where a condition of the offer provides for the delivery of the wheat
        by the grower-that the price includes any charge to be paid by
        the offeror for that delivery, the authorized person may authorize
        the grower, in writing, to accept the offer on behalf of the Board.

(4) On the receipt by the grower of an authority under sub-section (3), the
grower shall set aside wheat for sale in accordance with that authority and,
thereupon, the wheat so set aside becomes the absolute property of the Board,
freed from all mortgages, charges, liens, pledges, interests and trusts.

(5) A contract for the sale of wheat entered into by the grower, on behalf of
the Board, under an authorization given under sub-section (3) shall provide
that the amount of the price for the wheat shall be paid directly to the
Board.

(6) Where the price received by the Board under a contract of sale of wheat
entered into under this section exceeds the price that would be the
appropriate price for the wheat in accordance with section 26 if the wheat had
been sold by a contract of sale to which that section applied, the Board shall
pay to the grower an amount equal to that excess.

(7) A contract for the sale of wheat under this section shall not be entered
into in a year other than a year in relation to which section 26 operates.