SEPTEMBER 2008

IN THIS ISSUE

Please Select an Article to Read

• New South Wales Maritime Safety Laws Overhauled
• Protection of the sea - levy increase from 1 July 2008
• A day in the life of an HWL Ebsworth Maritime lawyer
• Australian Coastal and Marine Pollution Regulation & Response
• Habour Pilots - For whom the bell tolls?
• Marine Order Part 32
• Direct Offshore Foreign Insurers (DOFI) - Regulations commencing 1 July 2008
• New bulk wheat export marketing system for Australia
• Environmental Crimes: Increasing Sentencing Certainty
• Safe anchoring on the New South Wales coast

 

New bulk wheat export marketing system for Australia

For 60 years wheat has been exported from Australia through single desk sales. However, on 1 July 2008 the Federal Parliament established the New Wheat Export Marketing Act 2008 (“the Act”). 

The Act was established by the industry regulator Wheat Exports Australia (“WEA”) to regulate the export of bulk wheat from Australia through the Bulk Wheat Export Accreditation Scheme, which will be known as the “bulk scheme”.  The Act has resulted in substantial changes to the regulation of Australian wheat exports and WEA now act as the industry regulator and oversee all Australian wheat exports.

What this means in practice, is that for an exporter to export bulk wheat from Australia, they must be accredited by the WEA under the bulk export scheme.

At this stage, we understand that in order to receive accreditation, the exporter must be a company which is registered under the Corporations Act 2001 or a co-operative and must operate as a fit and proper company otherwise accreditation may not be granted.

Accreditation is for up to 3 years and once a company is accredited, it is necessary for all exporters to complete an Annual Export Report and an Annual Compliance Report.  Exporters are also required to report on any notifiable matters during that period of accreditation.  A notifiable matter is one that is considered to have a material impact upon the accreditation.  This would include, for example, a change in the structure or financial arrangements of a company, which provides financial support to an accredited exporter.

We also understand that all wheat exporters must pay the wheat export charge for wheat that is produced in and exported from Australia.  The export charge is currently fixed at AU $0.22/tonne.  This is payable for all Australian wheat exports both bulk and non-bulk. Exporters must pay the export charge within 28 days after the end of the month in which the wheat was exported.  This is a compulsory levy and penalties apply for late payments.

We would be pleased to assist with any questions that readers may have in respect of the new Act.

 

Written by Andrew Pearson, Senior Associate