Explanatory Memorandum
Circulated by authority of the Minister for Agriculture, Fisheries and Forestry, the Hon. Tony Burke MPSCHEDULE 3 - Transitional Provisions
Schedule 3, Item 1
16. This item defines several terms used in the Bill.
Schedule 3, Item 2
17. This item provides that references to the EWC shall mean references to WEA for the purposes of the operation of any Act appropriating money for expenditure out of the Consolidated Revenue Fund.
This item is necessary to transfer funding from the EWC to WEA.
Schedule 3, Item 3
18. This item provides that members of the EWC shall cease to be members of the EWC upon this Bill coming into force. It also provides that such members are not precluded from becoming members of WEA.
Schedule 3, Item 4
19. This item abolishes the EWC special account and transfers funds held by the EWC to WEA upon this Bill coming into force. The Wheat Export Marketing Bill 2008 establishes a new special account for WEA.
Schedule 3, Item 5
20. This item provides that WEA must provide the Minister with an annual report on behalf of the EWC as soon as practicable after 30 June 2008. The Minister must table the report in both houses of parliament within 15 days of receiving the report.
21. This item also provides that the report shall be a 'regular report' under s34C of the Acts Interpretation Act 1901 . This means the report must be given to the Minister by 31 December 2008 and where the Minister grants an extension, the extension request must be tabled in both houses of parliament within 3 sitting days of the extension being granted.
Schedule 3, Item 6
22. This item relates to information that was collected from AWB (International) Ltd, or a related body corporate, by the EWC, on the basis that such information was commercial-in-confidence. The information retains the protection of Section 5E of the Wheat Marketing Act 1989 as if it had not been repealed, and cannot be released where such a release could reasonably be expected to cause financial loss or detriment to AWB (International) Ltd or a related body corporate or directly benefit a competitor.
Schedule 3, Item 7
23. This item allows the EWC to exercise powers conferred upon WEA between the date the Wheat Export Marketing Bill 2008 receives Royal Assent and 1 July 2008. This allows the EWC to develop the accreditation scheme before 1 July 2008. This will enable the scheme to come into operation at the same time, or soon after, WEA is established on 1 July 2008.
24. This item also prevents the EWC delegating the powers and functions it holds on behalf of WEA. This means the EWC must develop the accreditation scheme itself.
Schedule 3, Item 8
25. This item allows the EWC to prepare and approve a form under the scheme, on behalf of WEA, prior to 1 July 2008. This includes, but is not limited to, an accreditation application form.
Schedule 3, Item 9
26. This item allows AWB (International) Ltd to export bulk wheat up to 1 October 2008 without being an accredited exporter.
27. This item also allows the same exemption for companies holding consents to export bulk wheat that were issued by the EWC under subsection 57(1) of the Wheat Marketing Act 1989 under the terms and conditions of those consents.
28. This has been done to ensure that there are no delays in finalising the 2007-08 National Pool, or executing export consents, while the companies are having their accreditation applications assessed by WEA.
Schedule 3, Item 10
29. This item compels WEA to deliver a report to the Minister on the performance of AWB (International) Ltd in relation to the benefits to growers arising from that performance. This report must be given to the Minister within six months of the final distribution of payments to participants of the 2007-08 National Pool unless the Minister agrees to an extension.
30. This item also compels WEA to deliver a similar report to growers. This report must also be published within six months of the final distribution of payments to participants of the 2007-08 National Pool, unless the Minister agrees to an extension.
31. These reports would normally have been prepared by the EWC and mean the obligations required under the existing legislation will be completed.
32. This item also allows WEA to obtain information from AWB (International) Ltd using section 5D of the Wheat Marketing Act 1989 despite its repeal. This can be done for a period of 6 months following the final distribution of payments to pool participants of the 2007-2008 National Pool, unless the Minister agrees to an extension.
33. This gives WEA the power to obtain information from AWBI for the purpose of preparing the above reports. This is not a new power. It is the power currently held by the Export Wheat Commission under section 5D of the Wheat Marketing Act 1989 and is necessary for it to fulfil its duty in preparing the final report on AWBI's operation of the national pool. While WEA will have the power to obtain information from accredited exporters under the new arrangements, it is possible that AWBI will never be accredited. There is a period from 1 July 2008 to 30 September 2008 in which it is exempt from accreditation and AWB Ltd has indicated that it is likely to seek accreditation rather than AWBI. Therefore, the operation of section 5D of the Wheat Marketing Act 1989 must be extended to cover AWBI until the reports on the 2007-08 national pools are finalised.
34. Confidential information collected by WEA using section 5D of the Wheat Marketing Act 1989 will be afforded the same protection under subitem 10(6) as was previously provided by the repealed section 5E of the Wheat Marketing Act 1989 . This is done by classifying the information 'protected confidential information' for the purposes of the Wheat Export Marketing Bill 2008 where its disclosure may cause detriment to AWB (International) Ltd, or directly benefit a competitor.
Schedule 3, Item 11
35. This item provides that where the EWC has commenced an investigation prior to 1 July 2008, WEA must complete the investigation and corresponding report, following the requirements of section 5DC of the repealed Wheat Marketing Act 1989 .