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Definitions

The following terms are defined in the section 5 of the Wheat Export Marketing Act 2008:

associated entity has the same meaning as in the Corporations Act 2001:

Note: Section 50AAA of the Corporations Act 2001 relevantly provides as follows:

50AAA  Associated entities

(1) One entity (the associate) is an associated entity of another entity (the principal) if subsection (2), (3), (4), (5), (6) or (7) is satisfied.
(2)  This subsection is satisfied if the associate and the principal are related  bodies corporate.
(3)  This subsection is satisfied if the principal controls the associate.
(4)  This subsection is satisfied if:
(a)  the associate controls the principal; and
(b)  the operations, resources or affairs of the principal are material to the  associate.
(5)  This subsection is satisfied if:
(a)  the associate has a qualifying investment (see subsection (8)) in the principal; and
(b)  the associate has significant influence over the principal; and
(c)  the interest is material to the associate.
(6)  This subsection is satisfied if:
(a)  the principal has a qualifying investment (see subsection (8)) in the associate; and
(b)  the principal has significant influence over the associate; and
(c)  the interest is material to the principal.
(7)  This subsection is satisfied if:
(a)  an entity (the third entity) controls both the principal and the associate; and
(b)  the operations, resources or affairs of the principal and the associate   are both material to the third entity.
(8)  For the purposes of this section, one entity (the first entity) has a   qualifying investment in another entity (the second entity) if the first entity:
(a)  has an asset that is an investment in the second entity; or
(b)  has an asset that is the beneficial interest in an investment in the   second entity and has control over that asset.

executive officer is defined as the following:

executive officer of a company means:

(a)     a director of the company; or
(b)     the chief executive officer (however described) of the company; or
(c)     the chief financial officer (however described) of the company; or
(d)     the secretary of the company.

 Please note, this definition includes:

  • a person acting in a capacity similar to that of a director without holding the title of director; and
  • non-executive directors.

externally-administered body corporate has the same meaning as in the Corporations Act 2001:

Note: Under section 9 of the Corporations Act 2001 the term 'externally-administered body corporate' has the following meaning:

externally-administered body corporate means a body corporate:

(a)  that is being wound up; or
(b)  in respect of property of which a receiver, or a receiver and manager,has been appointed (whether or not by a court) and is acting; or
(c)  that is under administration; or
(ca)  that has executed a deed of company arrangement that has not yet  terminated; or
(d)  that has entered into a compromise or arrangement with another person  the administration of which has not been concluded.

port terminal service means a service (within the meaning of Part IIIA of the Trade Practices Act 1974) provided by means of a port terminal facility, and includes the use of a port terminal facility.

Port terminal facility means a ship loader that is:

(a)  at a port; and
(b)  capable of handling wheat in bulk;
and includes any of the following facilities:
(c)  an intake/receival facility;
(d)  a grain storage facility;
(e)  a weighing facility;
(f)  a shipping belt;
that is:
(g)  at the port; and
(h)  associated with the ship loader; and
(i)  capable of dealing with wheat in bulk.