Commonwealth Numbered Acts

WHEAT MARKETING AMENDMENT ACT 1982 NO. 150 OF 1982 - SECT 9

9. After section 22 of the Principal Act the following section is inserted:
Adjustments for allowances made under section 21

''22A. (1) In this section-

'adjusted advance payment', in relation to a person who has received an
advance payment under section 21 in respect of a season, means the amount
that, in the opinion of the Board, would have been the amount of the advance
payment made to that person under section 21 in respect of that season if the
amount of that payment had been calculated at the time when the amount of
allowances for the matters referred to in sub-section 21 (2) in relation to
that person could be finally ascertained;

'season' means the season that commenced on 1 October 1982 or the next
succeeding season.

''(2) The amount of the adjusted advance payment for a season in relation to a
person who has purchased a quantity of wheat of that season from the Board in
accordance with sub-section 26 (8) shall be adjusted by such allowances as the
Board considers proper for the quality of wheat of that season acquired by the
Board from that person under this Act compared to the quality of the wheat so
purchased by that person from the Board, having regard to allowances that were
taken into account by the Board in determining the price for the wheat so
purchased.

''(3) Where the adjusted advance payment in relation to a person in respect
of a season is greater than the advance payment made to that person under
section 21 in respect of that season, the Board shall pay to that person an
amount equal to the difference between that adjusted advance payment and the
amount of that advance payment.

''(4) Where the amount of the advance payment made to a person under section
21 in respect of a season is greater than the adjusted advance payment in
relation to that person in respect of that season, that person is liable to
pay to the Board an amount equal to the difference between the amount of that
advance payment and that adjusted advance payment.

''(5) The Board may deduct from an amount payable to a person under section 22
in respect of a season the whole or a part of an amount payable by that person
to the Board under sub-section (4) of this section in respect of that season.

''(6) An amount payable by a person to the Board under sub-section (4) is a
debt due by that person to the Board and may be recovered as a debt due to the
Board by action against that person in a court of competent jurisdiction.

''(7) The Board may make advances on account of payments referred to in
sub-section (3).''. 

10. Section 23 of the Principal Act is amended-

(a) by inserting in sub-section (3) ''of a season'' after ''any wheat'';

   (b)  by omitting ''and'' from the end of paragraph (3) (a);

   (c)  by adding at the end of sub-section (3) the following paragraphs:

''(c) the net pool return for that season were reduced by an amount (if any)
equal to the amount, or the sum of the amounts, deducted by the Board from the
disposal of wheat of that season and paid into a reserve account pursuant to
section 12A; and

   (d)  the net pool return for that season were adjusted to take into account
        the result of any contract or dealing of the kind referred to in
        paragraph 9 (3) (h) that was entered into or that took place in
        relation to that season.'';

   (d)  by omitting from sub-section (4) '', with the approval of the
        Minister,''; and

   (e)  by adding at the end thereof the following sub-section:

''(6) For the purposes of this section, the net pool return rate for wheat
of a season shall be calculated as if the net pool return for that season were
calculated taking into account the adjustments referred to in paragraphs (3)
(c) and (d).''.