House of Representatives

Explanatory Memorandum

Circulated by authority of the Minister for Agriculture, Fisheries and Forestry, the Hon. Tony Burke MP

OUTLINE

The purpose of this Bill is to deal with consequential matters arising from the enactment of the Wheat Export Marketing Bill 2008 and the repeal of the Wheat Marketing Act 1989 .

To ensure the effective operation of the Wheat Export Marketing Bill 2008, various amendments to other legislation need to be made. Of particular importance are changes to the Customs (Prohibited Exports) Regulations 1958 to reflect the fact that the export of bulk wheat is prohibited without accreditation from Wheat Exports Australia (WEA).

Other important provisions help the transition from the Export Wheat Commission (EWC) to WEA and amend the Criminal Code Act to make it an offence to provide false information to WEA in an application for accreditation under the Wheat Export Marketing Bill 2008.

This Bill also allows for the continued operation of Australia's bulk wheat export industry during a transitional time where companies will be subjected to the provisions of the Wheat Export Marketing Bill 2008, while not yet having the opportunity to complete the accreditation process. For example, it includes provisions for AWB (International) Ltd to market wheat from the 2007-08 National Pool and for those exporters who have been granted bulk export permits to complete shipments under those consents.

The legislation amended or repealed by the Wheat Export Marketing (Repeal and Consequential Amendments) Bill 2008 (the Bill) does not represent an exhaustive list of legislation assisting in the facilitation, control and operation of the Australian wheat industry. The Bill and the Wheat Export Marketing Bill 2008 should therefore be read in conjunction with other legislation controlling trade and commerce such as the Trade Practices Act 1974 .

FINANCIAL IMPACT STATEMENT

Nil.

REGULATION IMPACT STATEMENT

The regulation impact statement for this Bill is contained within the Wheat Export Marketing Bill 2008 regulation impact statement.