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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Grain Marketing Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meaning of terms used in this Act 2
4. Meaning of export in bulk 3
Part 2 -- Grain Licensing Authority
Division 1 -- Administrative provisions
5. Authority established 4
6. Membership 4
7. Term of office 4
8. Casual vacancy 5
9. Remuneration and allowances 5
10. Quorum 5
11. Presiding at meetings 5
12. Procedure at meetings 6
13. Minutes 6
14. Staff and other resources of Authority 6
15. Application of Financial Administration and Audit
Act 1985 6
16. Ministerial guidelines 7
17. Minister may give directions 7
18. Minister to have access to information 8
Division 2 -- Functions
19. Licensing 9
20. Reports to the Minister 9
21. Powers, generally 10
22. Power of entry 10
page i
143--2
Grain Marketing Bill 2002
Contents
Part 3 -- Export controls
Division 1 -- Controlled activities
23. Offence of buying prescribed grain for export in bulk 12
24. Offence of exporting prescribed grain in bulk 12
Division 2 -- Main export licence
25. Main export licence 13
26. When main export licence has effect 13
27. First main export licence 13
28. Obligation to buy grain 13
Division 3 -- Special export licence
29. Special export licence 14
30. Details to be specified in application 14
31. Prerequisites for grant of special export licence 14
32. Term of special export licence 15
33. Special export licence conditions 16
34. Matters to be specified in special export licence 16
Division 4 -- General licensing provisions
35. Application for licence 16
36. Licence not transferable 17
37. Cancellation of licence 17
38. Licence fees 17
39. Notice of decisions 18
40. Appeals 18
Part 4 -- Miscellaneous
41. Exemption for restrictive trade practices 20
42. Publication of information about special export
licences 20
43. Evidence 20
44. Regulations 22
45. Repeal 22
46. Transitional and saving provisions 22
47. Consequential amendments 22
48. Review of Act 22
49. Expiry of Act 23
page ii
Grain Marketing Bill 2002
Contents
Schedule 1 -- Transitional and savings
provisions
1. Meanings of terms used in this Schedule 25
2. Interpretation Act to apply 25
3. GPWA continued for certain purposes 26
4. Devolution of assets, liabilities etc. 26
5. Shares in Grain Pool Pty Ltd 27
6. Agreements and instruments 27
7. References to GPWA in written law 28
8. Staff 28
9. Final report 28
10. Immunity continues 29
11. Exemption from State tax 29
12. Registration of documents 29
13. Saving 29
Schedule 2 -- Consequential
amendments to other Acts
1. Bulk Handling Act 1967 31
2. Bulk Handling Repeal Act 2000 31
3. Constitution Acts Amendment Act 1899 31
4. Financial Administration and Audit Act 1985 31
5. Statutory Corporations (Liability of Directors)
Act 1996 31
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Grain Marketing Bill 2002
A Bill for
An Act relating to the marketing of certain grain, to repeal the Grain
Marketing Act 1975, to make minor amendments to certain other
Acts as a consequence, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Grain Marketing Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Grain Marketing Act 2002.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) The day fixed cannot be before the Minister is satisfied that The
Grain Pool of W.A. established under the Grain Marketing
Act 1975 is the sole shareholder of Grain Pool Pty Ltd.
3. Meaning of terms used in this Act
10 In this Act, unless the contrary intention appears --
"Authority" means the Grain Licensing Authority referred to in
section 5;
"Chairman" means the person appointed under section 6(a) as
the Chairman of the Authority;
15 "Department" means the department of the Public Service
principally assisting the Minister in the administration of
this Act;
"export" means export from Australia;
"export in bulk" has the meaning given by section 4;
20 "grain" means the seed of a crop species, except that it does not
include --
(a) any seed that has been treated, processed, or
otherwise dealt with in a way that the regulations
state excludes the seed from this definition; or
25 (b) anything that, although made wholly or partly from
seed, is not itself seed;
"Grain Pool Pty Ltd" means Grain Pool Pty Ltd
(ACN 089 394 883);
page 2
Grain Marketing Bill 2002
Preliminary Part 1
s. 4
"licence" means a main export licence or a special export
licence;
"lupin" means all cultivars of Lupinus angustifolius L.
(narrow-leafed lupin);
5 "main export licence" means a licence referred to in
section 25;
"main export licence holder" means the holder of the main
export licence that is currently in effect;
"prescribed grain" means --
10 (a) unless the regulations specify that it is not a
prescribed grain, the grain of barley or the seed of
lupin or rapeseed; or
(b) any other grain that the regulations specify to be a
prescribed grain;
15 "special export licence" means a licence referred to in
section 29.
4. Meaning of export in bulk
When this Act refers to the export in bulk of prescribed grain, it
means the export of that prescribed grain other than in a bag or
20 other container that cannot hold more than 50 tonnes of the
grain that it is being used to contain.
page 3
Grain Marketing Bill 2002
Part 2 Grain Licensing Authority
Division 1 Administrative provisions
s. 5
Part 2 -- Grain Licensing Authority
Division 1 -- Administrative provisions
5. Authority established
The Minister is to appoint 5 persons to be the members of a
5 body called the Grain Licensing Authority.
6. Membership
The members of the Authority are to be --
(a) one person appointed as its Chairman;
(b) 2 other persons appointed from amongst --
10 (i) persons who produce grain in Western Australia;
or
(ii) members or shareholders of bodies that produce
grain in Western Australia;
(c) one other person appointed from amongst persons who
15 are employed in the Department; and
(d) one other person appointed from amongst persons who
are employed in the department of the Public Service
principally assisting the Treasurer in the administration
of the Financial Administration and Audit Act 1985 and
20 who have experience in financial markets, international
trade, marketing, law or other such relevant fields.
7. Term of office
(1) The term for which a person is appointed to be a member of the
Authority is to be fixed in the instrument of appointment and is
25 to be not longer than 3 years.
(2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier
appointment.
page 4
Grain Marketing Bill 2002
Grain Licensing Authority Part 2
Administrative provisions Division 1
s. 8
8. Casual vacancy
(1) A member of the Authority may at any time resign from office
by notice in writing delivered to the Minister.
(2) The Minister may remove a person who is a member of the
5 Authority from office on the grounds of --
(a) the person ceasing to be a person who would be eligible
to be appointed to the office if it were to become vacant;
(b) mental or physical incapacity to carry out the person's
duties in a satisfactory manner;
10 (c) the person being an insolvent under administration
within the meaning of that term in the Corporations
Act 2001 of the Commonwealth;
(d) neglect of duty; or
(e) misconduct.
15 (3) If, before the term of office for which a person was appointed as
a member of the Authority expires, the person dies, resigns, or
is removed from office, the office becomes vacant.
9. Remuneration and allowances
Members of the Authority are entitled to any remuneration and
20 allowances that the Minister may from time to time determine
on the recommendation of the Minister for Public Sector
Management.
10. Quorum
A quorum for a meeting of the Authority is any 4 members.
25 11. Presiding at meetings
(1) The Chairman, if present, is to preside at a meeting of the
Authority.
page 5
Grain Marketing Bill 2002
Part 2 Grain Licensing Authority
Division 1 Administrative provisions
s. 12.
(2) If the Chairman is not presiding under subsection (1), the
members present at the meeting are to appoint one of their
number to preside.
12. Procedure at meetings
5 Except as otherwise stated in this Act, the Authority is to
determine its own meeting procedures.
13. Minutes
The Authority is to cause accurate minutes to be kept of the
proceedings at its meetings.
10 14. Staff and other resources of Authority
(1) There is to be an executive officer of the Authority.
(2) The executive officer and any other staff whose assistance the
executive officer needs are to be made available by the chief
executive officer of the Department.
15 (3) The Authority may make use of the services and facilities of the
Department on terms agreed to by the Authority and the chief
executive officer of the Department.
15. Application of Financial Administration and Audit Act 1985
(1) Any acts or things done by or for the Authority under this Act
20 are to be regarded --
(a) as services under the control of the Department for the
purposes of the Financial Administration and Audit
Act 1985 section 52; and
(b) as part of the operations of the Department for the
25 purposes of Part II Division 13 of that Act.
(2) For the purposes of the Financial Administration and Audit
Act 1985 section 23A, any fee paid under section 35 or 38 or
recovered under section 38(4) is to be treated as having been
lawfully received by the Department.
page 6
Grain Marketing Bill 2002
Grain Licensing Authority Part 2
Administrative provisions Division 1
s. 16
16. Ministerial guidelines
(1) The Minister may, for the assistance of the Authority and the
information of persons involved in the grain industry and other
members of the community, issue guidelines dealing with
5 matters that the Minister requires to be considered in performing
a function of the Authority under this Act.
(2) In performing any function under this Act, the Authority is to
take into account anything relevant that is in the guidelines.
(3) Nothing in subsection (2) --
10 (a) derogates from the Authority's duty to exercise its
discretion in a particular case;
(b) precludes the Authority from taking into account matters
not set out in the guidelines; or
(c) requires the Authority to take into account a guideline if
15 the guideline is inconsistent with a provision of this Act.
(4) The Minister may amend the guidelines or revoke them with or
without issuing new guidelines.
(5) The guidelines and any amendment or revocation of them must
be published in a manner prescribed by the regulations.
20 (6) Before issuing, amending, revoking, or replacing the guidelines,
the Minister is to consult with any industry bodies and other
persons as the Minister thinks fit.
(7) Guidelines issued under this section are not subsidiary
legislation for the purposes of the Interpretation Act 1984.
25 17. Minister may give directions
(1) The Minister may give written directions to the Authority with
respect to the performance of its functions, either generally or in
relation to a particular matter, and the Authority is to give effect
to any such direction.
page 7
Grain Marketing Bill 2002
Part 2 Grain Licensing Authority
Division 1 Administrative provisions
s. 18
(2) The Minister must cause the text of any direction under
subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (3), within 14 days after the
direction is given.
5 (3) If --
(a) at the commencement of the period referred to in
subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
10 the Minister is to transmit a copy of the direction to the Clerk of
that House.
(4) A copy of a direction transmitted to the Clerk of a House is to
be regarded --
(a) as having been laid before that House; and
15 (b) as being a document published by order or under the
authority of that House.
(5) The laying of a copy of a direction that is regarded as having
occurred under subsection (4)(a) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
20 sitting day of the House after the Clerk received the copy.
(6) The text of a direction under subsection (1) is to be included in
the annual report submitted by the accountable officer of the
Department under the Financial Administration and Audit
Act 1985 section 62.
25 18. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the Authority;
and
(b) if the information is in or on a document, to have, and
30 make and retain copies of, that document.
page 8
Grain Marketing Bill 2002
Grain Licensing Authority Part 2
Functions Division 2
s. 19
(2) For the purposes of subsection (1) the Minister may --
(a) request the Authority to furnish information to the
Minister;
(b) request the Authority to give the Minister access to
5 information;
(c) for the purposes of paragraph (b) make use of the staff
available to the Authority to obtain the information and
furnish it to the Minister.
(3) The Authority has to comply with a request under subsection (2)
10 and make staff and facilities available to the Minister for the
purposes of paragraph (c) of that subsection.
(4) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
15 photographically, electronically or otherwise;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Authority.
Division 2 -- Functions
20 19. Licensing
It is a function of the Authority to administer the licensing
scheme in Part 3.
20. Reports to the Minister
The Authority is to report to the Minister annually, and
25 whenever directed by the Minister to do so, on --
(a) the operation and effectiveness of the licensing scheme
in Part 3; and
(b) any other matters relating to the operation of this Act
that the Minister specifies.
page 9
Grain Marketing Bill 2002
Part 2 Grain Licensing Authority
Division 2 Functions
s. 21
21. Powers, generally
The Authority has all the powers it needs to perform its
functions.
22. Power of entry
5 (1) A power of entry given by this section is for ascertaining
whether there has been a contravention of this Act or for
obtaining evidence of a contravention and it includes the power
to search and inspect any place, document, or other thing.
(2) Except if the entry is authorised by the warrant of a justice,
10 entry on to any land, premises or thing is not lawful unless --
(a) the consent of the owner or occupier has been obtained;
or
(b) notice of the entry has been given under subsection (3).
(3) Notice of an intended entry may be given to the owner or
15 occupier of the land, premises or thing that is to be entered
specifying the purpose for which the entry is required.
(4) The notice has no effect unless it is given at least 24 hours
before any entry under it but a notice that has been properly
given applies for as long as entry is required for the purpose
20 specified and successive entries for that purpose are to be
regarded as entries to which that notice relates.
(5) If notice has been given under subsection (3), a person
authorised by the Authority to do so may lawfully enter the
land, premises or thing without the consent of the owner or
25 occupier unless the owner or occupier or a person authorised by
the owner or occupier objects to the entry.
(6) A justice may by warrant authorise the Authority, by its
authorised persons, to enter any land, premises, or thing if the
justice is satisfied that the entry is reasonably required but --
30 (a) entry has been refused or is opposed or prevented;
(b) entry cannot be obtained;
page 10
Grain Marketing Bill 2002
Grain Licensing Authority Part 2
Functions Division 2
s. 22
(c) notice cannot be given under subsection (3) without
unreasonable difficulty or without unreasonably
delaying entry; or
(d) there is a reasonable likelihood that the purpose for
5 which entry is required would be frustrated if notice of
the entry were given.
(7) A warrant granted under subsection (6) --
(a) is to be in the prescribed form;
(b) is to specify the purpose for which the land, premises or
10 thing may be entered; and
(c) continues to have effect until the purpose for which it
was granted has been satisfied.
(8) A person executing a warrant may use any force reasonably
necessary.
15 (9) Entry under this section may be made with any assistants or
equipment considered necessary for the purpose for which entry
is required.
(10) A person who enters or who has entered any land, premises or
thing under this section is to give particulars of the purpose of,
20 and the authority for, that entry on being requested to do so.
(11) A person who hinders the exercise of a power given by this
section commits an offence, but a refusal to give consent or an
objection contemplated by subsection (5) does not amount to
hindering.
25 Penalty: $10 000.
page 11
Grain Marketing Bill 2002
Part 3 Export controls
Division 1 Controlled activities
s. 23
Part 3 -- Export controls
Division 1 -- Controlled activities
23. Offence of buying prescribed grain for export in bulk
(1) Except as allowed by subsection (2), a person who buys any
5 prescribed grain from another person for export in bulk commits
an offence.
Penalty:
(a) for a first offence, $60 000;
(b) for a subsequent offence, $120 000.
10 (2) A person may buy prescribed grain from another person for
export in bulk if --
(a) the buyer is the main export licence holder;
(b) the grain is bought in accordance with a special export
licence; or
15 (c) the grain is bought from the main export licence holder
or has previously been sold by a person who was, at the
time of the transaction, the main export licence holder.
24. Offence of exporting prescribed grain in bulk
(1) Except as allowed by subsection (2), a person who exports in
20 bulk any prescribed grain commits an offence.
Penalty:
(a) for a first offence, $60 000;
(b) for a subsequent offence, $120 000.
(2) A person may export in bulk any prescribed grain if --
25 (a) the person is the main export licence holder;
(b) the grain is exported in accordance with a special export
licence; or
page 12
Grain Marketing Bill 2002
Export controls Part 3
Main export licence Division 2
s. 25
(c) the grain was bought from, or has previously been sold
by, a person who, at the time of the transaction, was the
main export licence holder.
Division 2 -- Main export licence
5 25. Main export licence
The Authority may, with the Minister's approval, grant a licence
that, while the licence has effect, authorises its holder --
(a) to buy any prescribed grain for export in bulk; and
(b) to export in bulk any prescribed grain.
10 26. When main export licence has effect
(1) A main export licence has effect from the time specified in the
licence unless the licence is cancelled.
(2) A main export licence cannot be granted to come into effect at a
time when another main export licence is in effect.
15 27. First main export licence
The Authority is to be taken to have, with the Minister's
approval, granted the first main export licence to Grain Pool Pty
Ltd with effect from when this Part comes into operation.
28. Obligation to buy grain
20 (1) It is a condition of the main export licence that the main export
licence holder buy all prescribed grain that a person offers to
sell to it unless subsection (3) allows it to decline the offer.
(2) The terms on which the main export licence holder is obliged to
buy the grain are those on which it buys similar grain in similar
25 circumstances from other persons.
(3) An offer may be declined if the main export licence holder has
reasonable grounds for believing that the grain offered --
(a) was harvested before the most recent 1 October; or
page 13
Grain Marketing Bill 2002
Part 3 Export controls
Division 3 Special export licence
s. 29
(b) does not comply with any standard set by the main
export licence holder that applies to that grain.
Division 3 -- Special export licence
29. Special export licence
5 (1) The Authority may grant a licence that, while the licence has
effect, authorises its holder --
(a) to buy any prescribed grain specified in the licence for
the purpose of its export in bulk in accordance with this
Act; and
10 (b) to export in bulk any prescribed grain specified in the
licence to any market specified in the licence.
(2) In subsection (1) --
"market" means a country or part of a country.
30. Details to be specified in application
15 An application for a special export licence is to specify --
(a) the prescribed grain for which the licence is sought;
(b) the market for which the licence is sought;
(c) the term for which the licence is sought;
(d) the season of production of the prescribed grain for
20 which the licence is sought; and
(e) the quantity of prescribed grain for which the licence is
sought.
31. Prerequisites for grant of special export licence
(1) The Authority cannot grant a special export licence the term of
25 which begins during the year commencing on the day on which
this Act comes into operation unless the Minister authorises the
grant of the licence.
page 14
Grain Marketing Bill 2002
Export controls Part 3
Special export licence Division 3
s. 32
(2) Before deciding whether to grant any other special export
licence, the Authority is to --
(a) ascertain whether the main export licence holder exports
prescribed grain to the market for which the special
5 export licence is sought; and
(b) if so, decide whether the price at which the main export
licence holder exports that grain incorporates a premium
resulting from the exercise by it of its market power as
the main export licence holder.
10 (3) If the Authority decides under subsection (2)(b) that the main
export licence holder's price incorporates a premium of that
kind --
(a) the Authority is required to consult the main export
licence holder before granting the special export licence;
15 and
(b) the Authority cannot grant the special export licence if it
considers that to do so would be likely to affect the
premium to an extent that the Authority considers to be
significant.
20 (4) Before deciding whether to grant any special export licence, the
Authority is to consider the effect, if any, that granting the
licence would be likely to have on the State's reputation as a
grain exporter and on the State's grain industry generally.
32. Term of special export licence
25 (1) The Authority may grant a special export licence for any term of
at least one year that the Authority thinks appropriate.
(2) The Authority may, by notice in writing to the holder of a
special export licence, extend the term of the licence.
(3) A special export licence has effect during the term of the licence
30 unless the licence is cancelled.
page 15
Grain Marketing Bill 2002
Part 3 Export controls
Division 4 General licensing provisions
s. 33
33. Special export licence conditions
(1) The Authority may grant a special export licence subject to any
conditions that the Authority thinks appropriate.
(2) Without limiting the conditions that can be imposed under
5 subsection (1), those conditions include conditions as to --
(a) the quality of the grain that may be bought or exported
under the licence;
(b) the season of production of the grain that may be bought
or exported under the licence; and
10 (c) how grain bought or exported under the licence may be
described.
(3) The Authority may, by notice in writing to the holder of a
special export licence, vary or revoke any condition of the
licence or impose any new condition.
15 (4) A power given by subsection (3) may be exercised by the
Authority, at any time, at the request of the licence holder or of
its own motion.
34. Matters to be specified in special export licence
A special export licence is to specify, in addition to the grain
20 and the market that are required by section 29 to be specified --
(a) the term of the licence;
(b) the quantity of prescribed grain to which it applies; and
(c) any conditions to which the licence is subject.
Division 4 -- General licensing provisions
25 35. Application for licence
(1) An application for a licence is to be made to the Authority in a
form approved by the Authority and is to be accompanied by the
application fee prescribed in the regulations.
page 16
Grain Marketing Bill 2002
Export controls Part 3
General licensing provisions Division 4
s. 36
(2) The Authority may require an applicant for a licence to provide
any additional information that the Authority considers
necessary for the proper consideration of the application.
(3) The applicant is to provide the Authority with any additional
5 information required in subsection (2) within 30 days of receipt
of the request for additional information.
(4) Subject to subsection (5) the Authority will reach a decision on
applications received as soon as is practical but no later than
30 days after receipt of the application and prescribed fee under
10 subsection (1) or the receipt of the required additional
information under subsection (2), whichever the case may be.
(5) The Minister may, if requested by the Authority, extend the
period within which the Authority makes a decision on an
application.
15 36. Licence not transferable
A licence is not transferable.
37. Cancellation of licence
(1) The Authority may cancel a licence by giving the holder of the
licence notice in writing that the licence is cancelled.
20 (2) The notice of cancellation is to specify the time when the
cancellation takes effect and the reasons for cancellation.
(3) The main export licence cannot be cancelled except as directed
by the Minister.
(4) Unless the decision to cancel the licence is reversed under
25 section 40 or its effect is postponed by that section, the
cancellation has effect from the time specified in the notice.
38. Licence fees
(1) If the Authority decides to grant a licence, before it does so the
person to whom it is to be granted is required to pay to the
page 17
Grain Marketing Bill 2002
Part 3 Export controls
Division 4 General licensing provisions
s. 39
Authority the fee prescribed by the regulations for the grant of
the licence.
(2) Subsection (1) does not apply to the first main export licence
referred to in section 27.
5 (3) The holder of a licence must pay to the Authority any other
relevant licence fee prescribed by the regulations.
(4) An employee of the Department authorised in writing by the
executive officer of the Authority may recover any outstanding
licence fee in a court of competent jurisdiction as a debt due
10 from the holder of the licence to the State.
39. Notice of decisions
If the Authority refuses to grant a licence, the Authority is to
give written notice of the decision and the reasons for it to the
applicant for the licence within 14 days after the decision is
15 made.
40. Appeals
(1) In this section --
"licence" means a special export licence;
"licensing decision" means a decision of the Authority to
20 refuse to grant a licence, to cancel a licence, or to vary a
condition of, or impose a new condition in respect of, a
licence.
(2) A person who is aggrieved by a licensing decision may, within
30 days after receiving notice of the decision, appeal to the
25 Minister against the decision by giving the Minister a notice of
appeal in accordance with subsection (3).
(3) The notice of appeal is to be in writing and set out the grounds
of appeal and any representations that the appellant wishes to
make in support of the appeal.
page 18
Grain Marketing Bill 2002
Export controls Part 3
General licensing provisions Division 4
s. 40
(4) If the appeal is against the cancellation of a licence, the time
when the cancellation has effect is postponed until the appeal is
dealt with or withdrawn, and the time specified in the notice of
cancellation may be varied when dealing with the appeal.
5 (5) The Minister may determine the appeal by confirming, varying,
or reversing the decision of the Authority.
(6) The Minister's determination is final and the Authority is to
give effect to that determination.
(7) The Minister shall, as far as is practical, make his determination
10 on the appeal within 30 days of having received a notice of
appeal in accordance with subsection (3).
(8) The Minister is to cause notice of his or her determination,
together with reasons for it, to be given to the appellant within
7 days after it is made.
page 19
Grain Marketing Bill 2002
Part 4 Miscellaneous
s. 41
Part 4 -- Miscellaneous
41. Exemption for restrictive trade practices
For the purposes of the Commonwealth Trade Practices
Act 1974 and the Competition Code, this section authorises --
5 (a) the export by the main export licence holder of any
prescribed grain in accordance with the main export
licence; and
(b) anything else done by the main export licence holder --
(i) in accordance with the main export licence; or
10 (ii) in connection with anything done in accordance
with the main export licence.
42. Publication of information about special export licences
(1) The Authority is required to make publicly available
information, as prescribed by subsection (2) or the regulations,
15 about applications that have been made for special export
licences and special export licences that it has granted.
(2) The information is to include details of --
(a) the number of applications that have been made that
relate to each prescribed grain produced in each season
20 of production;
(b) the total amount of each prescribed grain produced in
each season of production for which a special export
licence was sought; and
(c) the total amount of each prescribed grain produced in
25 each season of production for which a special export
licence was granted.
43. Evidence
(1) In proceedings for an offence against this Act, unless the court
orders otherwise or this subsection does not apply because of
30 subsection (2), a certificate purporting to be signed by the
page 20
Grain Marketing Bill 2002
Miscellaneous Part 4
s. 43
Chairman containing a statement described in subsection (3) is,
without proof of the signature of the person appearing to have
signed the certificate or of the appointment of the person as the
Chairman, evidence of any fact stated in the certificate.
5 (2) Subsection (1) does not apply to the use of a certificate as
evidence of a particular fact unless --
(a) at least 28 days before the day on which the certificate is
sought to be used as evidence, the defendant has been
served with notice of intention to give evidence of that
10 fact by a certificate under this section; and
(b) the defendant has not, at least 14 days before the day on
which the certificate is sought to be used as evidence,
given notice in writing requiring that the Chairman
attend as a witness.
15 (3) The certificate may contain a statement --
(a) that a person is or was, or is not or was not, the main
export licence holder;
(b) that a person is or was, or is not or was not, authorised
by a licence under this Act to do anything specified in
20 the certificate;
(c) that a licence specified in the certificate is or was, or is
not or was not, in effect;
(d) that a special export licence specified in the certificate is
or was, or is not or was not, subject to any condition
25 specified in the certificate;
(e) that anything referred to in any of paragraphs (a) to (d)
that is specified in the certificate applied on or during
the day or days or period specified in the certificate;
(f) that a licence specified in the certificate was cancelled
30 on a day specified in the certificate.
page 21
Grain Marketing Bill 2002
Part 4 Miscellaneous
s. 44
44. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
5 purposes of this Act.
(2) Without limiting subsection (1), regulations may be made
prescribing the procedures governing meetings of the Authority.
(3) If an effect of a regulation would be that --
(a) something becomes a prescribed grain that would not
10 have been a prescribed grain had the regulation not
come into effect; or
(b) something that is a prescribed grain would cease to be a
prescribed grain when the regulation comes into effect,
the regulations have to ensure that the effect described in
15 paragraph (a) or (b) does not occur until a period of at least
6 months commencing on the day on which the regulation was
published in the Gazette has passed.
45. Repeal
The Grain Marketing Act 1975 is repealed.
20 46. Transitional and saving provisions
The transitional and saving provisions in Schedule 1 have effect.
47. Consequential amendments
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
25 48. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act and in the course of that review the
Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Authority;
page 22
Grain Marketing Bill 2002
Miscellaneous Part 4
s. 49
(b) the need for the continuation of the functions of the
Authority; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
5 (2) The review is to be carried out as soon as is practicable after --
(a) the expiration of 5 years from the commencement of this
Act; or
(b) in the Minister's opinion, a material change occurs in
the ownership or control of --
10 (i) Grain Pool Pty Ltd; or
(ii) Co-operative Bulk Handling Limited, a company
incorporated under the Companies Act 1893, and
deemed to be registered under the Companies
(Co-operative) Act 1943,
15 whichever occurs first.
(3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, cause it to be
laid before each House of Parliament.
49. Expiry of Act
20 (1) If the Minister makes an order under subsection (2), this Act,
other than subsections (4), (5), and (6), expires on the day
specified as the expiry day in that order.
(2) The Minister may, by an order published in the Gazette, specify
as the expiry day a day that is --
25 (a) not before the order is published in the Gazette and not
before the Commonwealth has passed legislation to
make a relevant Commonwealth legislative change; and
(b) as soon as practicable after the 30 April next following
the day on which a relevant Commonwealth legislative
30 change comes into effect.
page 23
Grain Marketing Bill 2002
Part 4 Miscellaneous
s. 49
(3) In subsection (2) --
"relevant Commonwealth legislative change" means a change
to Commonwealth legislation as a result of which there
cease to be restrictions under Commonwealth legislation on
5 the export of wheat, whether under the Commonwealth
Wheat Marketing Act 1989 or another Commonwealth Act
imposing similar restrictions.
(4) The Governor may make regulations amending any written law
or making any other provision as is necessary or convenient for
10 dealing with a matter that needs to be dealt with in connection
with the expiry of other provisions of this Act.
(5) Regulations made under this section may be expressed to have
effect before the day on which they are published in the Gazette.
(6) To the extent that a regulation made under this section is
15 expressed to have effect before the day of its publication in the
Gazette, it does not --
(a) affect, in a manner prejudicial to any person (other than
the State), the rights of that person existing before the
day of its publication; or
20 (b) impose liabilities on any person (other than the State) in
respect of anything done or omitted to be done before
the day of its publication.
page 24
Grain Marketing Bill 2002
Transitional and savings provisions Schedule 1
Schedule 1 -- Transitional and savings provisions
[s. 46]
1. Meanings of terms used in this Schedule
In this Schedule, unless the contrary intention appears --
5 "assets" means property of any kind whether tangible or intangible,
real or personal, and without limiting that meaning includes --
(a) any chose in action;
(b) goodwill; and
(c) any right, interest, or claim of any kind,
10 whether arising from, accruing under, created or evidenced by or
the subject of, an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"commencement day" means the day on which this Act comes into
operation;
15 "GPWA" means The Grain Pool of W.A. established under the
repealed Act;
"liability" means any liability, duty or obligation --
(a) whether actual, contingent or prospective, liquidated or
unliquidated; or
20 (b) whether owned alone or jointly, or jointly and severally
with any other person;
"repealed Act" means the Act repealed by section 45;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective.
25 2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
page 25
Grain Marketing Bill 2002
Schedule 1 Transitional and savings provisions
3. GPWA continued for certain purposes
(1) Despite the repeal effected by section 45, GPWA continues in
existence for the purposes of --
(a) reporting under the Financial Administration and Audit
5 Act 1985 section 66 for any financial year for which a report
has yet to be submitted;
(b) performing any function under clause 5; and
(c) winding up its affairs relating to taxation.
(2) Despite the provisions of the repealed Act relating to GPWA --
10 (a) the former Directors of the governing body of GPWA
immediately before the commencement day cease to hold
office on that day; and
(b) GPWA as continued by this clause is to be governed by the
person who is, or is appointed by, the chairman of the
15 managing body of Grain Pool Pty Ltd instead of the former
governing body, and that person is to be the accountable
authority, within the meaning in the Financial Administration
and Audit Act 1985, of GPWA as continued.
(3) GPWA as continued under this clause has the powers that are
20 necessary or convenient for the purposes for which it continues in
existence.
(4) Grain Pool Pty Ltd is to provide the clerical or other assistance that
GPWA reasonably requires for performing the functions described in
this clause.
25 4. Devolution of assets, liabilities etc.
(1) On the commencement day, by force of this clause --
(a) the assets of GPWA immediately before the commencement
day, other than any share held by GPWA in Grain Pool
Pty Ltd, become assets of Grain Pool Pty Ltd;
30 (b) the liabilities of GPWA immediately before the
commencement day become the liabilities of Grain Pool Pty
Ltd; and
(c) any trust upon which GPWA held assets immediately before
the commencement day and any other restriction as to the
page 26
Grain Marketing Bill 2002
Transitional and savings provisions Schedule 1
purposes to which assets held by GPWA immediately before
the commencement day could be applied is extinguished.
(2) Any proceedings or remedy that immediately before the
commencement day might have been brought or continued by or
5 available against or to GPWA, may, on or after that day, be brought or
continued and are available, by or against or to Grain Pool Pty Ltd.
(3) Any act, matter or thing done or omitted to be done before the
commencement by, to, or in respect of, GPWA (to the extent that that
act, matter or thing has any force or effect) is to be taken to have been
10 done or omitted by, to, or in respect of, Grain Pool Pty Ltd.
(4) Anything lawfully commenced by GPWA may, so far as it is not
contrary to this Act, be carried on and completed by Grain Pool Pty
Ltd.
(5) Grain Pool Pty Ltd is to take delivery of all papers, documents,
15 minutes, books of account and other records (however compiled,
recorded or stored) relating to the operations of GPWA.
5. Shares in Grain Pool Pty Ltd
(1) On the commencement day, shares in Grain Pool Pty Ltd are to be
issued to GPWA in consideration of the effect of clause 4.
20 (2) GPWA is required to transfer to CBH all shares that it holds in Grain
Pool Pty Ltd and that transfer is required to be made on the day after
the day on which shares are issued to GPWA under subclause (1).
(3) In this clause --
"CBH" means Co-operative Bulk Handling Limited, a company
25 incorporated under the Companies Act 1893, and deemed to be
registered under the Companies (Co-operative) Act 1943.
6. Agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement day --
30 (a) to which GPWA is a party; or
page 27
Grain Marketing Bill 2002
Schedule 1 Transitional and savings provisions
(b) which contains a reference to GPWA,
has effect after the commencement day as if --
(c) Grain Pool Pty Ltd were substituted for GPWA as a party to
the agreement or instrument; and
5 (d) any reference in the agreement or instrument to GPWA were
(unless the context otherwise requires) amended to be or
include a reference to Grain Pool Pty Ltd.
7. References to GPWA in written law
A reference to GPWA in an enactment in force immediately before
10 the commencement day may, where the context so requires, be read as
if it had been amended to be a reference to Grain Pool Pty Ltd.
8. Staff
(1) A person who was an employee of GPWA immediately before the
commencement day becomes, on the commencement day, an
15 employee of Grain Pool Pty Ltd.
(2) Except as otherwise agreed by a person referred to in subclause (1),
the remuneration, existing or accrued rights, rights under a
superannuation scheme or terms, conditions or continuity of service of
the person are not affected, prejudiced or interrupted by the operation
20 of that subclause.
(3) A person who, under subclause (1), becomes an employee of Grain
Pool Pty Ltd is not entitled to any payment or other benefit because of
the termination of the person's employment by GPWA.
9. Final report
25 (1) If the commencement day is not immediately after the end of a
financial year of GPWA, the Financial Administration and Audit
Act 1985 section 70A applies in relation to GPWA, and for the
purposes of performing reporting functions under that section, the
person referred to in clause 3(2)(b) is to be taken to have been
30 appointed by the Treasurer as the reporting officer.
(2) Grain Pool Pty Ltd is to provide the clerical or other assistance that
the reporting officer reasonably requires for performing the functions
referred to in subclause (1).
page 28
Grain Marketing Bill 2002
Transitional and savings provisions Schedule 1
10. Immunity continues
Despite the repeal effected by section 45, where GPWA had the
benefit of any immunity in respect of an act, matter or thing done or
omitted before commencement day, that immunity continues in that
5 respect for the benefit of Grain Pool Pty Ltd.
11. Exemption from State tax
(1) State tax is not payable in relation to --
(a) anything that occurs by operation of this Schedule; or
(b) anything done (including a transaction entered into or an
10 instrument or document of any kind made, executed, lodged
or given) under this Schedule, or to give effect to this
Schedule, or for a purpose connected with or arising out of,
giving effect to this Schedule.
(2) In this clause --
15 "State tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax, duty, fee, levy or charge, under a law of the
State.
12. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
20 Schedule and is empowered to record and register in the appropriate
manner the necessary documents, and otherwise to give effect to this
Schedule.
13. Saving
The operation of any provision of this Schedule is not to be
25 regarded --
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
30 rights or liabilities of the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
page 29
Grain Marketing Bill 2002
Schedule 1 Transitional and savings provisions
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
5 (e) as releasing or allowing the release of any surety.
page 30
Grain Marketing Bill 2002
Consequential amendments to other Acts Schedule 2
Schedule 2 -- Consequential amendments to other Acts
[s. 47]
1. Bulk Handling Act 1967
(1) Section 5 is amended, in the definition of "marketing authority", by
5 deleting "The Grain Pool of W.A.,".
(2) If section 8 has not been repealed before this subclause commences,
section 8(2) is amended by deleting "a Trustee of the Grain Pool of
Western Australia or a member of any other" and inserting instead --
" a member of a ".
10 2. Bulk Handling Repeal Act 2000
If section 14 has not come into operation before this subclause
commences, that section is repealed.
3. Constitution Acts Amendment Act 1899
Schedule V Part 3 is amended as follows:
15 (a) by deleting the item relating to the Board of Directors of the
Grain Pool of W.A.;
(b) by inserting after the item relating to the Government
Employees Superannuation Board the following item --
"
20 The Grain Licensing Authority appointed under the
Grain Marketing Act 2002.
".
4. Financial Administration and Audit Act 1985
Schedule 1 is amended by deleting "The Grain Pool of W.A.".
25 5. Statutory Corporations (Liability of Directors) Act 1996
Schedule 1 is amended by deleting the item relating to the Grain Pool
of W.A..
page 31
Grain Marketing Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
assets ................................................................................................Sch. 1 cl. 1
Authority.......................................................................................................... 3
CBH............................................................................................. Sch. 1 cl. 5(3)
Chairman ......................................................................................................... 3
commencement day...........................................................................Sch. 1 cl. 1
Department ...................................................................................................... 3
document ...................................................................................................18(4)
export............................................................................................................... 3
export in bulk................................................................................................... 3
GPWA ..............................................................................................Sch. 1 cl. 1
grain ................................................................................................................ 3
Grain Pool Pty Ltd............................................................................................ 3
information ................................................................................................18(4)
liability..............................................................................................Sch. 1 cl. 1
licence....................................................................................................3, 40(1)
licensing decision .......................................................................................40(1)
lupin ................................................................................................................ 3
main export licence .......................................................................................... 3
main export licence holder................................................................................ 3
market........................................................................................................29(2)
prescribed grain................................................................................................ 3
relevant Commonwealth legislative change.................................................49(3)
repealed Act ......................................................................................Sch. 1 cl. 1
right ..................................................................................................Sch. 1 cl. 1
special export licence ....................................................................................... 3
State tax ..................................................................................... Sch. 1 cl. 11(2)
page 32
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