WHEAT MARKETING REGULATIONS (AMENDMENT) 1994 NO. 105

WHEAT MARKETING REGULATIONS (AMENDMENT) 1994 NO. 105

STATUTORY RIMES 1994 No. 105

Issued by Authority of the Minister for Primary industries and Energy

WHEAT MARKETING ACT 1989

WHEAT MARKETING REGULATIONS (AMENDMENT)

The purpose of the regulations is to expand the definition of 'grain' under subsection 3(1) of the Wheat Marketing Act 1989 (the Act) to include pasture, tree and horticultural seeds. This will enable the Australian Wheat Board's (AWB) analytical and research division (the Academy of Grain Technology - AGT) to resume testing of these seeds in addition to its on-going role of testing the common cereal grains currently included in the definition of 'grains'.

For some time the AGT has been testing seeds other than those currently included in the definition of 'grain'. The basis of that activity has been legal advice that it could test non-grain seeds provided the AGT was using genuine excess capacity which could not be used on grains, it was necessary and convenient to maintain that capacity, or a small amount of such non-grain testing was incidental to or convenient for the performance of the AWB's functions.

In November 1993 the AGT took over the seed testing activity (including the equipment and most staff) of the Victorian Department of Agriculture's seed testing laboratory. That laboratory tested a range of seeds including grains as currently defined in the Act, but A major proportion of its activity was to test non-grain seeds (namely, pasture, tree and horticultural seeds). The acquisition of the laboratory's facilities by the AGT is in the interests of the grains and seeds industries, it enhances the AGT's future capabilities and is supported by key industry organisations. However, the acquisition took the AGTIS activities in non-grain areas beyond the scope of the previous legal advice and therefore beyond the powers of the Act. The AWB has now brought the operations of the AGT into line with the Act and testing of pasture, tree and horticultural seeds has ceased.

These regulations will enable the AGT to resume testing of pasture, tree and horticultural seeds as soon as possible in the interests of the those sectors of the seeds industry. However, legal advice is that due to the wording of the provisions of the Act these regulations will also enable the AWB to use its powers under the Act to, for example, trade in those seeds. The AWB does not seek such wider powers over those seeds and it is expected that these regulations will only be used by the AWB to enable the AGT to recommence testing of pasture, tree and horticultural seeds.

These regulations are therefore an interim measure and an amendment of the Act is proposed which would allow the AWB's powers to be limited to seed testing for only some of the products included under the definition of grain.

Details of the regulations are as follows:

Regulation 1: Provides for the amendment of the Wheat Marketing Regulations.

Regulation 2: Inserts new regulation 2A which declares pasture, tree and horticultural seeds to be grain for the purposes of the definition of 'grain, in subsection 3(1) of the Act.