WHEAT MARKETING REGULATIONS (AMENDMENT) 1993 NO. 195

WHEAT MARKETING REGULATIONS (AMENDMENT) 1993 NO. 195

STATUTORY RULES 1993 No. 195

Issued by the Authority of the Minister for Primary Industries and Energy.

WHEAT MARKETING ACT 1989

WHEAT MARKETING REGULATIONS (AMENDMENT)

Subsection 94(1) of the Wheat Marketing Act 1989 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Subsection 94(2) of the Act provides that regulations prescribing a State or Territory enactment for the purposes of Section 7 or Section 88 shall not be made unless the Minister has notified the Minister of the State or Territory responsible for the administration of the enactment of the subject matter of the regulations.

The prescription enables the Australian Wheat Board and trading corporations to market grain without incurring any liability under prescribed State enactments, where the grain is sold interstate or is destined for export. The main concern is to ensure effective and competitive export trading powers.

Since the Wheat Marketing Regulations (Regulations) were made in 1990, the Queensland Grain Handling Act 1983 and the Wheat Pool Act 1920, sections of which were prescribed in Regulation 3, have been repealed by the Queensland Grain Industry (Restructuring) Act 1991 (the Restructuring Act).

The Restructuring Act abolished a number of Queensland grain statutory marketing bodies, establishing a grower co-operative, GRAINCO in their place, and for a limited period gives GRAINCO exclusive rights to compulsorily acquire wheat and to store and handle grains for export at the three main Queensland ports. These provisions are similar to the powers which were available to the previous statutory authorities and which were prescribed in the Regulations.

The proposed amendments to the Regulations will ensure consistency with the present Queensland legislation and will not alter the principles already contained therein. The amending regulations will replace the current references in the Regulations to sections of the repealed Acts mentioned above, with references to the equivalent sections of the Restructuring Act.

The Queensland Minister for Primary Industries has been notified of the subjectmatter of the proposed amendments to the Regulations as required under subsection 94(2) of the Act.

Details of the proposed neat Marketing Regulations (Amendment) are as follows:

Regulation 1 - Provides for these regulations to amend the Wheat Marketing Regulations.

Subregulation 2.1: amends paragraph 3(1)(c) such that the current reference to section 26 of the Queensland Grain Handling Act 1983 will be replaced by sections 68 and 70 of the Queensland Grain Industry (Restructuring) Act 1991 which give exclusive rights to the grower co-operative GRAINCO to store and handle grain for export at the three main Queensland ports.

Subregulation 2.2: amends paragraph 3(2)(b) such that the current reference to the Wheat Pool Act 1920 will be replaced by sections 35, 40, 41 and 42 of the Queensland Grain Industry (Restructuring) Act 1991 which refers to vesting and compulsory delivery of wheat.