8Exports of wheat

8 Exports of wheat

Scope (1A) This section applies to a person if: (a) the person is the provider of a port terminal service; or (b) an associated entity of the person is the provider of a port terminal service. Exports of wheat (1) The person (the relevant exporter) must not export wheat using the port terminal service if: (a) both: (i) a person (whether the relevant exporter, the associated entity or another person) was required by this Act to pass the access test in relation to the port terminal service at a time during the 12‑month period ending on the day of the export; and (ii) the person mentioned in subparagraph (i) did not pass the access test at that time; or (b) the accreditation of an accredited wheat exporter was cancelled because a person (whether the relevant exporter, the associated entity or another person) failed the old access test in relation to the port terminal service at a time during the 12‑month period ending on the day of the export. Exceptions (2) The Secretary may, by writing, determine that subsection (1) does not apply in relation to a specified person and to a specified export if the Secretary is satisfied that there are special circumstances that justify the Secretary doing so. (3) Subsection (1) does not apply if the wheat is exported in: (a) a bag; or (b) a container; that is capable of holding not more than 50 tonnes of wheat. (4) A person who wishes to rely on subsection (3) bears an evidential burden in relation to that matter.

Note: For evidential burden, see section 5.

Ancillary contraventions (5) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or (d) conspire with others to effect a contravention of subsection (1). Civil penalty provisions (6) Subsections (1) and (5) are civil penalty provisions.

Note: Part 8 provides for pecuniary penalties for breaches of civil penalty provisions.

Determination not a legislative instrument (7) A determination under subsection (2) is not a legislative instrument. Definitions (8) For the purposes of this section:

accredited wheat exporter has the same meaning as in the old Act.

old access test means the access test within the meaning of the old Act.