67Non‑bulk wheat quality assurance scheme

67 Non‑bulk wheat quality assurance scheme

(1) The Commission may, by legislative instrument, formulate a scheme directed towards the achievement of the objective of ensuring that wheat exported in bags or containers corresponds with the relevant contractual description of the wheat.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) The scheme under subsection (1) is to be known as the non‑bulk wheat quality assurance scheme. (3) The non‑bulk wheat quality assurance scheme may: (a) provide for the accreditation of persons or bodies as accredited testing laboratories; and (b) require exporters of wheat in bags or containers: (i) to obtain a certificate from an accredited testing laboratory; and (ii) to do so under a contract entered into with the accredited testing laboratory; and (c) set out other requirements to be complied with by exporters in relation to the export of wheat in bags or containers; and (d) set out requirements that must be complied with by accredited testing laboratories in relation to the issue of certificates. (4) The non‑bulk wheat quality assurance scheme may provide that an accredited testing laboratory may charge a fee for issuing a certificate under the scheme. A fee must not be such as to amount to taxation. (5) The non‑bulk wheat quality assurance scheme may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Commission. (6) The non‑bulk wheat quality assurance scheme may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (7) Subsection (6) has effect despite anything in subsection 14(2) of the Legislative Instruments Act 2003. (8) If the non‑bulk wheat quality assurance scheme makes provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in any other instrument or writing, the Commission must ensure that the text of the matter applied, adopted or incorporated is made publicly available on its Internet site. (9) Subsections (3), (4), (5) and (6) do not limit subsection (1). (10) Before exercising a power conferred by subsection (1), the Commission must consult the Minister.

Note: For other consultation requirements, see Part 3 of the Legislative Instruments Act 2003.