Document ID: chunk:federal_register_of_legislation:C2012A00170:clause:1_8
Version: federal_register_of_legislation:C2012A00170
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 10347–12814

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.

Division 2—Access test