Commonwealth Numbered Acts

WHEAT MARKETING ACT 1979 No. 166 of 1979 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

''appropriate Minister'', in relation to a State, means the Minister of State
of the State administering the Department of the State dealing with
agricultural matters, and includes a Minister of State of that State acting on
behalf of that Minister;

''Australian standard white wheat'' means wheat other than-

   (a)  wheat that, having regard to its general characteristics, is
        classified by or on behalf of the Board, for the purposes of this
        definition, as being included in a particular category of wheat; or

   (b)  wheat that is classified by or on behalf of the Board, for the
        purposes of this definition, as having a quality defect;

''authorized person'' means a person appointed under section 58 for the
purposes of the provision in which the expression occurs;

''authorized receiver'' means a State corporation authorized to receive wheat
on behalf of the Board under section 13 or under a corresponding provision of
a State Act;

''Board'' means the Australian Wheat Board continued in existence by this Act;

''Chairman'' means the Chairman of the Board;

''Fund'' means the Wheat Finance Fund continued in existence by sub-section 40
(1);

''guaranteed minimum price'' means a guaranteed minimum price determined by
the Minister under section 8;

''member'' means a member of the Board, and includes the Chairman;

''net pool return'' means a net pool return determined by the Minister under
section 9;

''net pool return rate'' means a net pool return rate determined by the
Minister under section 10;

''quota season'' means a season declared by Proclamation under section 5 to be
a quota season;

''Reserve Bank'' means the Reserve Bank of Australia;

''season'' means the period of 12 months that commenced on 1 October 1979 and
each of the next 6 succeeding periods of 12 months;

''security'' includes a bill of exchange, promissory note or unsecured note or
any similar instrument or document;

''State Act'' means a State Act relating to the marketing of wheat;

''State corporation'' means any of the following bodies corporate:

   (a)  The Grain Elevators Board of New South Wales constituted under the
        Grain Elevators Act, 1954 of New South Wales;

   (b)  the Grain Elevators Board incorporated by the Grain Elevators Act 1934
        of Victoria and constituted under the Grain Elevators Act 1958 of that
        State;

   (c)  the State Wheat Board constituted under the Wheat Pool Act, 1920 to
        1972 of Queensland;

   (d)  South Australian Co-operative Bulk Handling, Limited incorporated and
        registered under the Companies Act, 1962-1974 of South Australia;

   (e)  Co-operative Bulk Handling Limited incorporated and deemed to be
        registered under the Companies Co-operative Act, 1943-1976 of Western
        Australia;

   (f)  the Tasmanian Grain Elevators Board constituted under the Grain
        Reserve Act 1950-1966 of Tasmania;

''Territory'' means an internal Territory;

''wheat'' does not include wheat harvested after 30 September 1986;

''Wheat Levy Acts'' means the Wheat Levy Act (No. 1) 1979 and the Wheat Levy 
Act (No. 2) 1979 ;

''wheat products'' means a substance (other than bran or pollard) produced by
the gristing, crushing, grinding, milling or other processing of wheat, and
includes-

   (a)  any of the following products made from wheat, namely, flour,
        semolina, sharps, wheatmeal, starch, gluten, rice substitutes and
        breakfast foods;

   (b)  except as otherwise provided by the regulations, any of the following
        products, namely, biscuits, cake mixes, pet foods, poultry foods and
        stock foods; and

   (c)  any other commodity-

        (i)    that is produced mainly from wheat products or from wheat; or

        (ii)   that is produced partly from wheat products or from wheat and
               is declared by the regulations to be a wheat product for the
               purposes of this Act;

''Wheat Tax Acts'' means the Wheat Tax Act 1957 and the Wheat Tax Act 1979.

(2) A reference in this Act to wheat of a season shall be read as a reference
to-

   (a)  wheat harvested during that season; or

   (b)  wheat harvested before 1 October 1979 and acquired by the Board under
        this Act or under a State Act during that season.

(3) A reference in this Act to dealing with a security shall be read as a
reference to anything done in relation to a security under sub-section 44 (3).

(4) A reference in this Act to wheat shall be read as including a reference to
the corn sacks (if any) in which the wheat is at the relevant time.

(5) A reference in this Act to wheat acquired by the Board under an Act
(whether this Act or a State Act) shall be read as a reference to wheat that,
on or after 1 October 1979, has become the property of the Board by force of
that Act or of an Act repealed by that Act.