Commonwealth Numbered Acts

WHEAT MARKETING ACT 1984 NO. 141 OF 1984 - SECT 5

5. (1) The Board shall perform its functions with the objects of securing,
developing and maintaining markets for wheat and maximizing the return to
growers from the marketing of wheat.

(2) The functions of the Board are-

   (a)  to control the interstate marketing of wheat;

   (b)  to control the marketing of wheat in the Territories;

   (c)  to control the export of wheat from Australia;

   (d)  to control the overseas marketing of wheat;

   (e)  in appropriate circumstances, to import overseas wheat into Australia
        and to market such wheat;

   (f)  to encourage and promote the use and sale of wheat both in Australia
        and overseas;

   (g)  to co-operate, consult and enter into agreements with, and make
        recommendations to, authorized receivers with respect to services
        provided by them and other matters relating to the marketing of wheat;

   (h)  to determine, after consultation with the authorized receivers,
        standards for the classification of wheat delivered to the Board and,
        having regard to those standards, to determine categories of wheat
        containing one or more classes and grades of wheat;

   (j)  to determine, after consultation with the authorized receivers,
        standards for the condition and quality of wheat delivered by
        authorized receivers to purchasers;

   (k)  to promote, fund, and arrange for the conduct of, research into
        matters relating to the marketing of wheat;

   (m)  to provide advice and make recommendations to the Minister and the
        appropriate Ministers of the States with respect to matters relating
        to the marketing of wheat; and

   (n)  to perform any other function conferred on the Board by this Act or
        the regulations or by any other Act and, subject to any direction by
        the Minister under sub-section 58 (2), any function conferred on the
        Board by a State Act.

(3) The Board has power to do all things that are necessary or convenient to
be done for or in connection with, or that are incidental to, the performance
of its functions.

(4) Without limiting the generality of sub-section (3), the Board may-

   (a)  purchase wheat;

   (b)  accept the delivery of wheat to it;

   (c)  sell or dispose of, or make arrangements for the sale or disposal of,
        wheat;

   (d)  require, in circumstances where the Board considers it appropriate, a
        purchaser of wheat from the Board to give the Board a guarantee or
        other security for the payment of the purchase price of the wheat;

   (e)  enter into an arrangement under which, in consideration of goods
        supplied, or to be supplied, by a purchaser of wheat from the Board, a
        third party makes payments to the Board for or in respect of the
        wheat;

   (f)  enter into an arrangement under which, if the Board so requests, a
        third party provides to a purchaser of wheat from the Board finance
        for the purchase of the wheat;

   (g)  enter into agreements with respect to the carriage of wheat by rail;

   (h)  enter into contracts with respect to, or charter vessels for, the
        carriage, by sea, of wheat (including overseas wheat) and other grains
        and commodities acquired by the Board;

   (j)  arrange for, or establish, maintain and operate facilities for, the
        handling and storage outside Australia of wheat (including
        overseas wheat); and

   (k)  charge such fees as are fair and proper for the provision of services
        by the Board or the use by other persons of the facilities of the
        Board when not required by the Board.

(5) Except with the approval of the Minister, the Board shall not enter into a
contract (not being a currency contract or futures contract) or agreement in
connection with the purchase of real or personal property (not being grain,
including grain harvested outside Australia, or an interest in a vessel) for
an amount exceeding $500,000.

(6) The Board may, on behalf of the Australian Development Assistance Bureau,
purchase, or arrange for the purchase of, overseas wheat or arrange for the
delivery of overseas wheat to countries to which the Bureau has agreed to
provide wheat.

(7) The Board may keep its accounts and records in respect of costs and
revenues relating to wheat in such manner as will, in its judgment, attribute
those costs and revenues to wheat of different seasons in an equitable manner,
and costs and revenues so attributed to wheat of a season shall be deemed to
relate to wheat of that season.

(8) Where-

   (a)  an authority established by a law of a State engaged in the marketing
        of grain other than wheat requests the Board to export any such grain
        on its behalf; or

   (b)  a co-operative or body corporate engaged in a State in the marketing
        of grain other than wheat requests the Board to export any such grain
        on its behalf and no authority established by a law of the State is
        engaged in the marketing of such grain, the Board may export the grain
        on behalf of the authority, co-operative or body corporate, as the
        case may be.

(9) The Board may enter into a contract for the export sale or sale for export
by the Board of wheat together with any other grain where-

   (a)  the Board enters into the contract as a result of-

        (i)    an offer made by the purchaser under the contract to purchase
               wheat and other grain from a single supplier; or

        (ii)   an invitation made by the purchaser under the contract to
               single suppliers to tender for the supply of wheat and other
               grain; and

   (b)  either-

        (i)    the Board has not purchased any of that other grain from a
               grower; or

        (ii)   the Board sells that other grain on behalf of-

                (A)  an authority established by or under a law of a State
                     engaged in the marketing of such grain; or

                (B)  a co-operative or body corporate that is engaged in the
                     marketing of such grain on behalf of growers in a State,
                     or in a region of a State, where no authority established
                     by or under a law of the State is engaged in the
                     marketing of such grain in the State, or in that region
                     of the State, as the case may be.

(10) Where the Board exports or sells grain on behalf of an authority,
co-operative or body corporate under sub-section (8) or under a contract
referred to in sub-section (9), the Board may-

   (a)  accept payment from that authority, co-operative or body corporate, as
        the case may be, of such amounts as are mutually agreed upon as
        remuneration for the services of the Board, for facilities made
        available by the Board and for expenses incurred by the Board, in
        connection with the export or sale of the grain; and

   (b)  use any money paid to the Board under paragraph (a) as remuneration
        for services and facilities made available, and for expenses incurred,
        by the Board during a season to offset the costs incurred by the Board
        in relation to wheat of that season.

(11) In sub-section (7), "season" includes any period that is a season for the
purposes of an Act repealed by this Act.