Commonwealth Numbered Acts

WHEAT MARKETING ACT 1979 No. 166 of 1979 - SECT 9

9. (1) For the purposes of this Act, the Minister shall determine the net
pool return for wheat of a season acquired by the Board by-

   (a)  ascertaining the net proceeds of the disposal by the Board of all
        wheat of that season so acquired; and

   (b)  deducting from the amount so ascertained an amount determined by the
        Board having regard to the extent to which freight charges per tonne
        in respect of the export of wheat of that season from Western
        Australia to places outside Australia are lower than freight charges
        per tonne in respect of the export of wheat of that season from other
        places in Australia to places outside Australia.

(2) Subject to sub-section (3), the net proceeds of the disposal of wheat of a
season shall, for the purposes of this section, be deemed to be the net return
from the disposal of that wheat after deducting any costs incurred by the
Board, to the extent that they relate wholly to wheat of that season, or are
reasonably allocated by the Board to wheat of that season, and will not be
covered by charges referred to in sub-section 21 (2) or in the corresponding
provision of a State Act.

(3) In ascertaining the net proceeds of the disposal of wheat of a season-

   (a)  moneys received by the Board under a policy of insurance in respect of
        wheat of that season, or in respect of a transaction in relation to
        any such wheat, shall be deemed to be a return from the disposal of
        that wheat;

   (b)  amounts paid by the Board in respect of expenses referred to in
        sub-section 55 (2) shall be deemed to be costs referred to in
        sub-section (2) of this section;

   (c)  there shall be taken into account such of the payments made or
        received by the Board in accordance with sub-section 12 (4) as the
        Board considers may equitably be related to wheat of that season;

   (d)  no account shall be taken of moneys to which section 27, or a
        corresponding provision of a State Act, applies or of costs of the
        Board payable out of those moneys; and

   (e)  where the price of wheat received by the Board under a contract of
        sale entered into under section 19, or under a corresponding provision
        of a State Act, includes an excess referred to in sub-section 19 (6)
        or in a corresponding provision of a State Act-no account shall be
        taken of that excess.