57Control of bulk export of wheat

57 Control of bulk export of wheat

(1) A person shall not export wheat unless: (a) the Commission has given its written consent to the export of the wheat; and (b) the export of the wheat is in accordance with the terms of that consent.

Penalty: 600 penalty units.

(1AA) The prohibition in subsection (1) does not apply to the export of wheat in bags or containers.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1AA)—see subsection 13.3(3) of the Criminal Code.

(1A) The prohibition in subsection (1) does not apply to the designated company. (2) An offence against subsection (1) is an indictable offence. (3) The Commission’s consent to the export of wheat may be limited to the export of the wheat in specified circumstances, in accordance with specified requirements or by a specified person. (3A) Before giving a consent, the Commission must consult the designated company. (3B) The Commission must not give a consent without the prior approval in writing of the designated company.

Note: Section 61 provides that this subsection does not apply to the making of a decision during the temporary period within the meaning of Part 5.

(3C) Subsection (3B) does not apply at a time after 30 June 2008 if, at that time: (a) nominated company B; or (b) a related body corporate of nominated company B; is the designated company. (3D) An application for a consent under this section must be accompanied by such fee (if any) as is prescribed by the regulations. The fee is payable to the Commonwealth. (3E) The Commission must issue guidelines about the matters it will take into account in exercising its powers under this section. (4) In proceedings for an offence against subsection (1), a certificate signed by the Chairperson and: (a) stating that the Commission did not consent to the export of particular wheat; or (b) setting out the terms of a consent given by the Commission; is prima facie evidence of the matters set out in the certificate. (5) The prohibition in subsection (1) is in addition to, and not in substitution for, any prohibition by or under the Customs Act 1901 or the Export Control Act 1982. (6) For the purposes of subsection 51(1) of the Trade Practices Act 1974, the following things are to be regarded as specified in this section and specifically authorised by this section: (a) the export of wheat by the designated company; (b) anything that is done by the designated company under this section or for the purposes of this section.