WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 7 Powers of the Board

WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 7

7. (1) Notwithstanding any prescribed State or Territory enactment, the Board
has power to do all things that are necessary or convenient to be done in
connection with the performance of its functions.

(2) Without limiting the generality of subsection (1), the powers of the Board
include power:

   (a)  to buy wheat in Australia or overseas;

   (b)  to import wheat into Australia;

   (c)  to sell or dispose of wheat, or arrange to sell or dispose of wheat,
        in Australia or overseas;

   (d)  to require a purchaser of wheat from the Board to provide to the Board
        a guarantee or other security for the payment of the purchase price of
        the wheat;

   (e)  to engage in any other trading arrangements (including countertrade
        and bartertrade) designed to maximise returns from the sale or
        disposal of wheat;

   (f)  to enter into agreements or arrangements for the financing by third
        parties of purchases of wheat from the Board;

   (g)  to store, handle and transport wheat;

   (h)  to buy, establish, own and operate facilities for the storage,
        handling, loading and unloading of wheat, including such facilities at
        ports;

   (j)  to arrange for the provision of storage, handling, transport and other
        marketing services for wheat;

   (k)  to make charges for storage, handling, transport and other marketing
        services provided or arranged by the Board;

   (m)  to obtain insurance cover in respect of any property or activity of
        the Board;

   (n)  to appoint agents, whether in Australia or overseas; and

   (p)  to enter into contracts, and make agreements and arrangements, with
        any person in Australia or elsewhere and, with the consent of the
        Minister, with a State or Territory.

(3) In relation to its functions with respect to grain other than wheat, the
Board has the same powers as it has in relation to wheat and may provide the
same services as in relation to wheat.

(4) Where the Board, in the performance of its functions, enters into a
contract, or makes an agreement or arrangement, with a person (in this
subsection called "the other party"):

   (a)  the contract, agreement or arrangement is not rendered unlawful or
        unenforceable by any prescribed State or Territory enactment;

   (b)  the other party does not incur any liability, penalty or forfeiture
        under any prescribed State or Territory enactment by virtue only of
        having entered into the contract, agreement or arrangement;

   (c)  nothing in any prescribed State or Territory enactment operates to
        prevent the Board or the other party discharging obligations under the
        contract according to its terms;

   (d)  in the case of a contract for the sale of grain to the Board or for
        the growing of grain and the sale of the grain to the Board, nothing
        in any prescribed State or Territory enactment operates to prevent the
        property in the grain passing to the Board according to the terms of
        the contract and this Act;

   (e)  a person who, under a contract (including a contract of service),
        agreement or arrangement with the other party, does anything on behalf
        of the other party in the discharge of an obligation under the
        first-mentioned contract, agreement or arrangement does not incur any
        liability, penalty or forfeiture under any prescribed
        State or Territory enactment by virtue only of having done that thing;

   (f)  the contract, agreement or arrangement between that person and the
        other party is not rendered unlawful or unenforceable by any
        prescribed State or Territory enactment; and

   (g)  nothing in any prescribed State or Territory enactment operates to
        prevent the person or the other party discharging obligations under
        the contract, agreement or arrangement according to its terms.

(5) Paragraph (4) (d) does not affect the rights of the holder of a security
over grain for moneys owing.

(6) Subject to subsection (7), 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.

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

(8) 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.

(9) In this section:

"State or Territory enactment" means:

   (a)  a State Act;

   (b)  an enactment of a Territory; or

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

(10) In relation to the functions conferred on the Board by paragraph 6 (1)
(j):

   (a)  the Board has the same powers as it has for the performance of its
        corresponding functions in relation to wheat; and

   (b)  it may provide the same kinds of services as in the performance of
        those corresponding functions.

(11) In relation to the functions conferred on the Board by paragraph 6 (1)
(m):

   (a)  the Board has the same powers as it has for the performance of its
        corresponding functions in relation to grain other than wheat; and

   (b)  it may provide the same kinds of services as in the performance of
        those corresponding functions.