Document ID: chunk:federal_register_of_legislation:C2004A04649:schedule:2:p2
Version: federal_register_of_legislation:C2004A04649
Segment Type: schedule
Provision Reference: sch 2 (pt 2/3)
Character Range: 48555–51285

After section 26 of the Principal Act, the following section is inserted:

Delegation by Managing Director or Chairperson

"26A. A Chairperson appointed in an executive capacity or the Managing Director may, in writing, delegate to an employee of the Board:

  (a) any of his or her functions or powers; or

    (b) any function or power that has been delegated to him or her by the Board under section 12.".

Insertion of new section

  72. After section 65 of the Principal Act the following section is inserted:

Total amount payable to a person for pool return wheat

"65A.(1) The Board must also determine the total amount payable to a person for pool return wheat bought by the Board from the person and allocated to a pool ("wheat that the person has in the pool").

  "(2) The total amount so payable to the person is calculated as follows:

    (a) multiply the quantity (expressed in tonnes) of wheat that the person has in the pool by the actual net return per tonne in respect of wheat in that pool; and

    (b) add to, or subtract from, the amount obtained under paragraph (a) any amount that, in accordance with sound commercial practice, the Board may decide so to add or subtract having regard to the following matters in relation to any wheat that the person has in the pool:

        (i) the variety of the wheat;

        (ii) the quality of the wheat;

        (iii) any cost incurred by the Board for the transport, storage or handling of the wheat;

        (iv) any other matter for which the Board considers it fair and reasonable to make an adjustment to the amount obtained under paragraph (a).

"(3) When deciding to add or subtract an amount under paragraph (2)(b), the Board must ensure, as far as possible, that the addition or subtraction does not result in any unfair advantage or disadvantage for any other person whose wheat has been allocated to the pool.

"(4) The Board must, by notice in the Gazette, issue guidelines for the exercise of its powers under paragraph (2)(b).

"(5) The Board must exercise its powers under paragraph (2)(b) in accordance with the guidelines issued under subsection (4).".

Final payment

  73. Section 66 of the Principal Act is amended:

     (a) by omitting from subsection (1) ", on the basis of the actual net return per tonne,";

     (b) by inserting in subsection (1) "(see section 65A)" after "wheat" (first occurring);

     (c) by omitting from subsection (2) ", on the basis of the actual net return per tonne,".

PART 15—MINOR AMENDMENTS

Minor amendments

74. The Acts specified in the Schedule are amended as set out in the Schedule.

                         SCHEDULE Section 74

MINOR AMENDMENTS

Australian Horticultural Corporation Act 1987