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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act authorises Australia to ratify the International Sugar Agreement, 1977, and to make or receive payments and loans tied to the Agreement’s Stock Financing Fund; it also permits Commonwealth loans to Queensland to help hold special sugar stocks and exempts Fund borrowings from the National Debt Sinking Fund. Mechanically it creates appropriation and repayment obligations on the Consolidated Revenue Fund, vests loan‑terms discretion in the Minister for Finance, and subjects Australian traders and public finances to the Agreement’s quota, stock‑holding, certification and reporting systems.
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Direct links to the current provisions in International Sugar Agreement Act 1978.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
INTERNATIONAL SUGAR AGREEMENT ACT 1978
No. 26 of 1978
An Act relating to the International Sugar Agreement, 1977.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
Commencement
Interpretation
“Agreement” means the agreement known as the International Sugar Agreement, 1977, a copy of which is set out in the Schedule;
“Stock Financing Fund” means the Stock Financing Fund established under Article 49 of the Agreement.
Approval of ratification of Agreement
Appropriation for contributions to Stock Financing Fund
Loans from Stock Financing Fund
(2) Any moneys payable by the Commonwealth to the Stock Financing Fund in accordance with Article 53 of the Agreement are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Financial assistance to Queensland
(a) moneys not exceeding in the aggregate the equivalent of moneys made available to the Commonwealth by way of loan from the Stock Financing Fund under Article 53 of the Agreement; and
(b) moneys not exceeding in the aggregate the equivalent of moneys made available by the International Monetary Fund for the purpose of extending assistance to Australia (in connexion with the financing of the holding of those stocks of sugar) in accordance with the arrangements for the provision of assistance by that Fund known as the buffer stock financing facility.
(2) Moneys lent to the State of Queensland under sub-section (1) shall—
(a) in the case of moneys referred to in paragraph (1)(a)—be paid out of the Loan Fund; and
(b) in the case of moneys referred to in paragraph (1)(b)—be paid out of the Consolidated Revenue Fund,
and the Loan Fund and the Consolidated Revenue Fund are appropriated accordingly.
National Debt Sinking Fund Act not to apply
SCHEDULE Section 3
INTERNATIONAL SUGAR AGREEMENT, 1977
CHAPTER I—OBJECTIVES
Article 1
Objectives
The objectives of this International Sugar Agreement (hereinafter referred to as this Agreement), in the light of the terms of resolution 93(IV) adopted by the United Nations Conference on Trade and Development (hereinafter referred to as UNCTAD) at its fourth session are as follows:
(a) To raise the level of international trade in sugar, particularly in order to increase the export earnings of developing exporting countries;
(b) To achieve stable conditions in the international trade in sugar, including avoidance of excessive price fluctuations, at price levels which would be remunerative and just to producers and equitable to consumers, and take into account, inter alia, the effect of inflation or deflation; variations in exchange rates: the trend in the prices, consumption, production, trade and stocks of sugar and alternative sweeteners; and the influence on sugar prices of changes in the world economic situation or monetary system;
(c) To provide adequate supplies of sugar to meet the requirements of importing countries at fair and reasonable prices;
SCHEDULE—continued
(d) To increase sugar consumption and in particular to promote measures to encourage consumption in countries where per capita consumption is low;
(e) To promote equilibrium between supply of, and demand for, sugar within an expanding world sugar trade;
(f) To facilitate the co-ordination of sugar marketing policies and the organization of the market;
(g) To provide for adequate participation in, and growing access to, the markets of the developed countries for sugar from the developing countries;
(h) To assess closely developments in the use of any form of substitutes for sugar, including cyclamates and other artificial sweeteners; and
(i) To further international co-operation in sugar questions.
CHAPTER II—DEFINITIONS
Article 2
Definitions
For the purposes of this Agreement:
(1) “Organization” means the International Sugar Organization referred to in article 3;
(2) “Council” means the International Sugar Council referred to in article 3;
(3) “Member” means—
(a) a Party to this Agreement, other than a Party with a notification under article 77, subparagraph 1(b), currently in effect, or
(b) a territory or group of territories in respect of which a notification has been made under article 77, paragraph 3;
(4) “exporting Member” means any exporting country or territory listed as such in annex V to this Agreement which becomes a Member of the Organization, or any country or territory not so listed which is given the status of an exporting Member upon accession to this Agreement or pursuant to article 6;
(5) “importing Member” means any importing country listed as such in annex V to this Agreement which becomes a Member of the Organization, or any country not so listed which is given the status of an importing Member upon accession to this Agreement or pursuant to article 6;
(6) “Fund” means the Stock Financing Fund established under article 49;
(7) “special vote” means a vote requiring at least two thirds of the votes cast by exporting Members present and voting and at least two thirds of the votes cast by importing Members present and voting, on condition that these votes are cast by at least half the number of Members present and voting;
(8) “distributed simple majority vote” means a vote requiring more than half of the total votes of exporting Members present and voting and more than half of the total votes of importing Members present and voting, on condition that these votes are cast by at least half of the number of Members in each category present and voting;
(9) “financial year” means the quota year;
(10) “quota year” means the period from 1 January to 31 December inclusive;
(11) “tonne” means a metric ton, i.e. 1,000 kilogrammes, and “pound” means a pound avoirdupois, i.e. 453.592 grammes; amounts of sugar specified in this Agreement are in terms of raw value, net weight (the raw value of any amount of sugar means its equivalent in terms of raw sugar testing 96 degrees by the polariscope);
(12) “sugar” means sugar in any of its recognized commercial forms derived from sugar cane or sugar beet, including edible and fancy molasses, syrups and any other form of liquid sugar used for human consumption, but
(a) “sugar” as defined above shall not include final molasses or low grade types of non-centrifugal sugar produced by primitive methods nor, for the purposes of establishing the level of exports under this Agreement, sugar destined for uses other than human consumption as food. The Council shall determine the conditions under
SCHEDULE—continued
which sugar shall be considered to be destined for uses other than human consumption as food;
(b) if the Council resolves that the increased use of sugar mixtures becomes a threat to the objectives of this Agreement, these mixtures shall be deemed to be sugar in respect of their sugar content. The increase in the quantity of sugar mixtures exported over the quantity exported before the entry into force of this Agreement shall, in respect of its sugar content, be charged against the quota in effect or export entitlement of the exporting Member concerned;
(13) “free market” means the total of net imports of the world market, except those resulting from the operation of the special arrangements referred to in chapter IX of this Agreement;
(14) “net imports” means total imports of sugar after deducting total exports of sugar;
(15) “net exports” means total exports of sugar (excluding sugar supplied as stores for ships victualling at domestic ports) after deducting total imports of sugar;
(16) “basic export tonnage” means the quantity established pursuant to article 34;
(17) “global quota” means the quantity specified in article 40, paragraph 2, as may be adjusted in accordance with the provisions of article 44;
(18) “quota in effect” means the quantity of sugar which a Member may export to the free market in excess of its total imports from that market during the relevant quota year, as may be established and adjusted in accordance with this Agreement;
(19) “cent” or “cents” means United States cent or cents;
(20) “daily price” means the price calculated in accordance with the provisions of article 61, paragraph 1;
(21) “prevailing price” on any market day is the average of the daily price over the immediately preceding period of 15 consecutive market days including that market day; the position of the prevailing price in relation to any specific price level is as defined in article 61, paragraph 2;
(22) “entry into force” means the date on which this Agreement enters into force provisionally or definitively, as provided in article 75;
(23) Any reference in this Agreement to a “Government invited to the United Nations Sugar Conference, 1977” shall be construed as including a reference to the European Economic Community (hereinafter referred to as the EEC); accordingly any reference in this Agreement to “signature of this Agreement” or to the “deposit of an instrument of ratification, acceptance, approval or accession” by a Government shall, in the case of the EEC, be construed as including signatures on behalf of the EEC by its competent authority and the deposit of the instrument required by the institutional procedures of the EEC to be deposited for the conclusion of an international agreement;
(24) “developing exporting Members” and “developing importing Members” are those referred to as such in annex III.
CHAPTER III—THE INTERNATIONAL SUGAR ORGANIZATION, ITS
MEMBERSHIP AND STATUS
Article 3
Continuation, headquarters and structure of the International Sugar Organization
The International Sugar Organization established under the International Sugar Agreement, 1968, and maintained in existence under the International Sugar Agreement, 1973, shall continue in being for the purpose of administering the present Agreement and supervising its operation, with the membership, powers and functions set out in this Agreement.
The headquarters of the Organization shall be in London, unless the Council decides otherwise by special vote.
The Organization shall function through the International Sugar Council, its Executive Committee, its Executive Director and its staff, as well as the Stock Financing Fund and such other bodies as are provided for in this Agreement.
SCHEDULE—continued
Article 4
Membership of the Organization
Each Party shall constitute a single Member of the Organization except as otherwise provided in paragraphs 2 or 3 of this article.
(a) When a Party makes a notification under article 77, subparagraph 1(a), declaring that this Agreement shall extend to a developing territory or territories which wish to participate in this Agreement, there may be, with the express consent and approval of those concerned, either:
(i) joint membership for that Party together with these territories; or
(ii) when that Party has made a notification under article 77, paragraph 3 separate membership, singly, all together or in groups for the territories that would individually constitute an exporting Member and separate membership for the territories that would individually constitute an importing Member.
(b) When a Party makes a notification under article 77, subparagraph 1(b) and paragraph 3, there shall be separate membership as set out in subparagraph (a)(ii) of this paragraph.
Article 5
Privileges and immunities
The Organization shall have legal personality. It shall in particular have the capacity to contract, acquire and dispose of movable and immovable property and to institute legal proceedings.
The status, privileges and immunities of the Organization in the territory of the United Kingdom shall continue to be governed by the Headquarters Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Sugar Organization signed at London on 29 May 1969.
If the seat of the Organization is moved to a country which is a Member of the Organization, that Member shall, as soon as possible, conclude with the Organization an agreement to be approved by the Council relating to the status, privileges and immunities of the Organization, of its Executive Director, its staff and experts and of representatives of Members while in that country for the purpose of exercising their functions.
Unless any other taxation arrangements are implemented under the agreement envisaged in paragraph 3 of this article and pending the conclusion of that agreement, the new host Member shall:
(a) grant exemption from taxation on the remuneration paid by the Organization to its employees, except that such exemption need not apply to its own nationals; and
(b) grant exemption from taxation on the assets, income and other property of the Organization.
(a) that it shall, as soon as possible, conclude with the Organization an agreement as described in paragraph 3 of this article; and
(b) that, pending the conclusion of such an agreement, it shall grant the exemptions provided for in paragraph 4 of this article.
Article 6
Change of status
A Member may change its category of membership on such terms and conditions as the Council may establish in consultation with the Member concerned. In the case of an importing
SCHEDULE—continued
Member changing to the category of an exporting Member, the Council shall also, by special vote, determine the basic export tonnage or export entitlement of that Member, which shall be deemed to be listed in annex I or annex II, as appropriate.
CHAPTER IV—THE INTERNATIONAL SUGAR COUNCIL
Article 7
Composition of the International Sugar Council
The highest authority of the Organization shall be the International Sugar Council, which shall consist of all the Members of the Organization.
Each Member shall be represented by a representative and, if it so desires,
This is an opening excerpt, not the complete document.