Document ID: chunk:federal_register_of_legislation:C2008A00066:clause:3_9
Version: federal_register_of_legislation:C2008A00066
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 10973–11744

9  Export of wheat before 1 October 2008—exceptions to prohibition

(1) The prohibition in subsection 7(1) of the Wheat Export Marketing Act 2008 does not apply to the export of wheat by AWB (International) Ltd before 1 October 2008.

(2) The prohibition in subsection 7(1) of the Wheat Export Marketing Act 2008 does not apply to the export of wheat before 1 October 2008 if:
 (a) before the transition time, the EWC had given consent under subsection 57(1) of the Wheat Marketing Act 1989 to the export of the wheat; and
 (b) the export of the wheat is in accordance with the terms of that consent.

(3) A person who wishes to rely on subitem (1) or (2) bears an evidential burden in relation to that matter.

Note: For evidential burden, see item 1 of this Schedule.