South Australian Repealed ActsThis legislation has been repealed.
33—Delivery of barley
(1) Subject to this
Act, a person must not sell or deliver barley to a person other than
ABB Grain Export Ltd.
(2) A person must not
transport barley which has been sold or delivered in contravention of
subsection (1) or bought in contravention of subsection (4).
(3)
Subsections (1) and (2) do not apply to—
(a)
barley retained by the grower for use on the farm where it is grown;
(b)
barley purchased from ABB Grain Export Ltd;
(c)
barley sold or delivered for consumption in Australia;
(d)
barley which does not meet the standards determined by ABB Grain Export Ltd.
(4) A person, other
than ABB Grain Export Ltd, must not buy barley from another person except for
consumption in Australia.
(5)
Subsections (1) and (4) do not apply to a sale, delivery or purchase of
barley for consumption outside Australia if the barley is packed in a bag or
in a container not capable of holding more than 50 tonnes of barley and the
barley—
(a)
meets the prescribed standards (if any); and
(b) is
so packed in accordance with the prescribed requirements (if any).
(5a)
Subsections (1) and (4) do not apply to a sale, delivery or purchase of
propagating material of a plant variety covered by a plant breeder's right if
the sale, delivery or purchase is for use of the propagating material for a
purpose involving the production or reproduction of the propagating material
(terms used in this subsection having the same meanings as in the
Plant Breeder's Rights Act 1994 of the Commonwealth as in force from time
to time).
(6) The maximum
penalty for an offence against this section is—
(a) for
a first offence—$500 000;
(b) for
a subsequent offence—$1 000 000.