Explanatory Memorandum
Circulated by authority of the Minister for Agriculture, Fisheries and Forestry, the Hon. Tony Burke MPSCHEDULE 2 - Consequential Amendments
Criminal Code Act 1995
Schedule 2, Items 1 - 4
5. These items amend the Criminal Code Act 1995 to extend the offence of making a false or misleading statement in, or in connection with, an application to cover an application for accreditation under the wheat export accreditation scheme. This means that officers of an applicant can be prosecuted for making a false or misleading statement, either knowingly or recklessly, in connection with an application for accreditation. The maximum penalty for such an offence is 12 months imprisonment.
Schedule 2, Item 5
6. This item defines the term 'wheat export accreditation scheme' within the Criminal Code Act 1995 and gives it the same meaning as it has in the Wheat Export Marketing Bill 2008. This means offences under the wheat export accreditation scheme are subject to the provisions of the Criminal Code Act 1995 .
Customs ( Prohibited Exports ) Regulations 1958
Schedule 2, Item 6
7. This item repeals subregulation 5(4) of the Customs (Prohibited Exports) Regulations 1958 which exempts nominated company B (AWB (International) Ltd) from the prohibition of exporting bulk wheat. This subregulation is repealed in conjunction with the repeal of the Wheat Marketing Act 1989 .
Schedule 2, Item 7
8. This item inserts new regulation 9AAA into the Customs (Prohibited Exports) Regulations 1958 . This new regulation provides that exporting bulk wheat is prohibited under the Customs (Prohibited Exports) Regulations 1958 unless the exporter is accredited as an accredited wheat exporter under the wheat export accreditation scheme.
9. New regulation 9AAA also creates an interim arrangement where AWB (International) Ltd will have a temporary exemption to allow it to continue to market wheat from the 2007-08 National Pool until a decision on its accreditation is completed. Companies that have an export consent permit will also have a temporary exemption in line with their permit. The exemption is for the period 1 July 2008 to 1 October 2008.
10. Exports of wheat in bags and containers, capable of holding not more than 50 tonnes of wheat, are not subject to the prohibition under new regulation 9AAA.
Schedule 2, Item 8
11. This item removes bulk wheat from the list of goods in Schedule 3 to the Customs (Prohibited Exports) Regulations 1958 . The addition of new regulation 9AAA of the Customs (Prohibited Exports) Regulations 1958 , by item 7 above, means it is unnecessary to include bulk wheat in the list of goods which are prohibited by regulation 5 of the Customs (Prohibited Exports) Regulations 1958 from being exported. Regulation 5 prohibits the export, without permission, of goods specified in Schedule 3 to the Customs (Prohibited Exports) Regulations 1958 .
Financial Management and Accountability Regulations 1997
Schedule 2, Items 9-10
12. These items replace the EWC with WEA as a prescribed agency under the Financial Management and Accountability Regulations 1997 in terms of the requirements for financial accountability. For the purposes of the Financial Management and Accountability Act 1997 , the Chief Executive of WEA shall be the Chair.
Freedom of Information Act 1982
Schedule 2, Item 11
13. This item removes a reference to the Wheat Marketing Act 1989 in the Freedom of Information Act 1982 which currently exempts the EWC from producing documents relating to its commercial activities. This reference is redundant due to the fact that neither the EWC nor WEA conduct, or will conduct, commercial activities. The amendment eliminates what is now an unnecessary exemption under the Freedom of Information Act 1982 and means WEA will be subject to the normal provisions of the Freedom of Information Act 1982 .
Primary Industries and Energy Research and Development Act 1989
Schedule 2, Items 12-14
14. These items insert 'repealed' before ' Wheat Marketing Act 1989' in several sections of the Primary Industries and Energy Research and Development (PIERD) Act 1989 in order to properly refer to the Wheat Marketing Act 1989 as repealed legislation. This means the provisions referred to in the PIERD Act 1989 will still apply under that legislation.
Primary Industries Levies and Charges Collection Act 1991
Schedule 2, Item 15
15. This item inserts 'repealed' before ' Wheat Marketing Act 1989' in subsection 27(2) of the Primary Industries Levies and Charges Collection (PILCC) Act 1991 in order to properly refer to the Wheat Marketing Act 1989 as repealed legislation. This means the provisions referred to in the PILCC Act 1991 will still apply under that legislation.