Barley Marketing Act Amendment Bill 1977

888,  HOUSE OF ASSEMBLY,  November 17, 1977

Second Reading

The Hon. J. D. CORCORAN (Deputy Premier) obtained leave and introduced a Bill for an Act to amend the Barley Marketing Act, 1947-1973; to repeal the Oats Marketing Act, 1972, and for other purposes. Read a first time-

The Hon. J. D. CORCORAN: I move:
That this Bill be now read a second time.

The purpose of this Bill is to-
a)    arm the Australian Barley Board, established under the principal Act the Barley Marketing Act, 1947, as amended, with the necessary powers to engage in the “statutory marketing” of oats
b)    grant the board .power to market other crops but without any powers of compulsory purchase; and
c)    grant the board certain additional powers to borrow money under a Treasury guarantee,
As the remainder of the explanation relates to the clauses, I seek leave to have it inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Clauses 1 and 2 are formal. Clause 3 formally amends the long title to the principal Act. Clause 4 repeals the Oats Marketing Act, 1972. This measure was never brought into operation and will no longer be required if the amendments proposed by this measure are agreed to. Clause 5 amends the definition section of the principal Act by inserting such additional definitions as are necessary. It is felt that these definitions are self-explanatory, but I would draw members’ attention to proposed subclause (2), which is consequent on the definition of “proclaimed produce” and would emphasise that the new function of the board in relation to proclaimed produce does not carry with it any right to acquire that produce.

Clause 6 inserts a new section 8a in the principal Act and this section provides for the licensing of receivers of oats. This section corresponds almost exactly to the present provision relating to licensed receivers of barley. If other amending legislation is agreed to the principal licensed receiver will be the Co-operative Bulk Handling Company. Clause 7 amends section 9 of the principal Act .which sets out the general function of the board by arming the board with the statutory marketing powers adverted to above. In addition, the capacity to receive a guarantee by {the Treasurer against liabilities arising from borrowings is provided under these amendments.

Clause 8 amends section 10 of the principal Act by ‘extending the inspectorial powers of the board to matters relating to oats, Clause 9 amends section 12 of the principal Act to provide for the keeping of accounts in relation to oats. Clause 10 is formal. Clause 11 inserts a .new clause 14aa in the principal Act. This clause confers the statutory marketing powers in relation to oats and is the prime function of the measure especially at subclause (2), which is commended to members particular attention. Further it is pointed out that this provision is, as it were, dormant until the “appointed day”, as to which, see subclause (3), is fixed. Present indications are that that day will be fixed so as to encompass oats of the season 1978-79.

Clause 12 amends section 14a of the principal Act to extend the regulating powers of the board to cover oats. Cause 13 amends section 15 of the principal Act to cover the receiving of oats by licensed receivers, and clause 14 is consequential on this provision. Clause 15 inserts a new section 17a, which relates to oats and almost exactly corresponds to section 17 as at present applies to barley.

Clause 16 inserts a new section 18a in the principal Act and this clause, together with new section 19a, inserted by clause 17, sets out the scheme for the marketing of oats and exactly follows the existing scheme for the marketing of barley. Clause 18 makes some drafting amendments to section 20 of the principal Act and, in addition, extends by six months the time within which prosecutions may be brought for offences against the Act. Clauses 19 and 20 are, it is suggested, self-explanatory, Clause 21 extends the life of the principal Act—
(a)    in relation to barley until the season 1982-83; and
(b)    in relation to oats for five seasons from and including the season 1978-79.

Mr. GUNN secured the adjournment of the debate.

Page Last Reviewed: 20 Nov 2017
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