{"id":"agricultural-produce-horticultural-industry-regulations-2001","name":"Agricultural Produce (Horticultural Industry) Regulations 2001","slug":"agricultural-produce-horticultural-industry-regulations-2001","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173562,"registerId":"wa-agricultural-produce-horticultural-industry-regulations-2001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Agricultural Produce (Horticultural Industry) Regulations 2001","content":"![Crest]()Western Australia\n\nAgricultural Produce Commission Act 1988\n\nAgricultural Produce (Horticultural Industry) Regulations 2001\n\nWestern Australia\n\nAgricultural Produce (Horticultural Industry) Regulations 2001\n\nContents\n\n1. Citation 1\n\n2. Terms used 1\n\n3. Prescribed services that may be provided by a producers’ committee established in relation to a horticultural produce 2\n\n4. Prescribed statistical information 2\n\n5. Liability for charges 3\n\n6A. Collection by dealer 3\n\n6. Local government to collect and pay certain charges 4\n\n7. Publication of notice of charge imposed under section 14 of the Act 5\n\n8. Returns 5\n\n10. Transitional and saving 6\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nAgricultural Produce Commission Act 1988\n\nAgricultural Produce (Horticultural Industry) Regulations 2001\n\n##### 1. Citation\n\nThese regulations may be cited as the *Agricultural Produce (Horticultural Industry) Regulations 2001* 1.\n\n##### 2. Terms used\n\nIn these regulations unless the contrary intention appears —\n\ncharge means a charge imposed under section 14 of the Act;\n\ndealer means any person who —\n\n(a) purchases any horticultural produce direct from a producer wholesale for resale; or\n\n(b) receives horticultural produce from a producer for wholesale sale on behalf of the producer; or\n\n[(c), (d) deleted]\n\n(e) receives any horticultural produce from a producer or wholesaler for processing;\n\nhorticultural produce means —\n\n(a) fruit and the juices of fruit, whether fresh or processed;\n\n(b) vegetables and the juices of vegetables, whether fresh or processed;\n\n(c) nuts including processed nuts;\n\n(d) flowers, whether fresh or dried;\n\n(e) plants, including grass and other herbaceous plants, grown for sale as living plants;\n\nproducer means a producer of horticultural produce in relation to which a producers’ committee is established under the Act;\n\nsale includes barter or exchange.\n\n[Regulation 2 amended: Gazette 15 Sep 2009 p. 3567‑8; 14 Jun 2016 p. 1820.]\n\n##### 3. Prescribed services that may be provided by a producers’ committee established in relation to a horticultural produce\n\nFor the purpose of section 12(1) of the Act, the services referred to in section 12(1)(a) to (m) of the Act are prescribed as services that a producers’ committee may provide in relation to the horticultural produce in relation to which it was established.\n\n##### 4. Prescribed statistical information\n\n(1) In subregulation (2) specified means specified by the Commission by notice in writing addressed to the person who produces the kind of horticultural produce in question.\n\n(2) The following information is prescribed statistical information a producer may be required to produce for the purposes of section 13 of the Act —\n\n(a) the quantity of specified horticultural produce produced for sale by the producer during a specified period or on a specified date;\n\n(b) the location and area of land cultivated by the producer during a specified period or on a specified date for the purposes of the cultivation of the specified horticultural produce;\n\n(c) the name and address of each dealer to whom the producer has sold or supplied specified horticultural produce during a specified period or on a specified date;\n\n(d) the quantity of specified horticultural produce sold or supplied to each dealer referred to in paragraph (c) during a specified period or on a specified date;\n\n(e) the quantity of specified horticultural produce sold or supplied by the producer during a specified period or on a specified date otherwise than to a dealer.\n\n[Regulation 4 amended: Gazette 15 Sep 2009 p. 3568.]\n\n##### 5. Liability for charges\n\n(1) A producer is liable to pay such charges as are imposed by the Commission under section 14(1) of the Act.\n\n(2) A producer of horticultural produce who sells the produce to a person other than a dealer must pay any charge that relates to the produce to the Commission not later than 14 days after the end of the month during which the produce was sold or within such longer period as the Commission allows.\n\n[Regulation 5 amended: Gazette 15 Sep 2009 p. 3568‑9.]\n\n##### 6A. Collection by dealer\n\n(1) A charge required under subregulation (2) to be collected by a dealer becomes due and payable by a producer on the day on which the dealer is required to collect the charge from the producer.\n\n(2) Except where collection is required under regulation 6, a dealer who purchases or receives horticultural produce from a producer must, on the day on which the dealer purchases or receives the produce, collect from the producer any charge that relates to the produce and for which the producer is liable under regulation 5(1).\n\nPenalty: a fine of $2 000.\n\n(3) A dealer may collect a charge referred to in subregulation (2) —\n\n(a) by deducting the amount of the charge from moneys owed to the producer by the dealer; or\n\n(b) as a separate transaction.\n\n(4) A dealer who collects a charge from a producer under subregulation (3)(a) must, within 28 days of making the deduction, give the producer a written statement of the amount deducted.\n\n(5) A dealer who collects a charge under this regulation holds the charge on behalf of the Commission.\n\n(6) A dealer who collects any charge under subregulation (2) must pay the charge so collected to the Commission not later than 14 days after the end of the month during which the charge was collected or within such longer period as the Commission allows.\n\nPenalty: a fine of $2 000.\n\n(7) The payment by a dealer to the Commission of a charge collected under this regulation —\n\n(a) if collected by way of deduction from an amount owed by the dealer to a producer, is a discharge of the dealer’s obligation to pay the amount of the deduction to the producer; and\n\n(b) is a discharge of the producer’s liability to pay that charge.\n\n[Regulation 6A inserted: Gazette 15 Sep 2009 p. 3569‑70.]\n\n##### 6. Local government to collect and pay certain charges\n\n(1) If a charge referred to in regulation 5(1) is imposed by the Commission under section 14(1) of the Act for the purpose of the provision by a producers’ committee of a service to control or to develop a means of controlling a pest or disease specified in a notice published under section 19A(2)(a), the charge must be collected by the local government of any district in which the producers’ committee provides the service.\n\n(2) A local government that collects a charge under subregulation (1) must pay the charge so collected to the Commission not later than 14 days after the end of the month during which the charge was collected or within such longer period as the Commission allows.\n\n(3) A charge referred to in regulation 5(1) that is required to be collected by a local government under this regulation is payable on and from the day specified in the notice of the charge as being the day on and from which the charge is imposed.\n\n[Regulation 6 amended: Gazette 15 Sep 2009 p. 3570.]\n\n##### 7. Publication of notice of charge imposed under section 14 of the Act\n\n(1) A notice that requires publication for the purposes of section 14(3) of the Act must be published in a newspaper circulating in the area or areas of the State where the producers, on whom the charge referred to in the notice is imposed, are located.\n\n(2) The notice must be published at least 14 days before the day specified in the notice as the day on and from which the charge referred to in the notice is imposed.\n\n[Regulation 7 amended: Gazette 15 Sep 2009 p. 3570.]\n\n##### 8. Returns\n\n(1) A dealer must, not later than 14 days after the end of each month during which the dealer has dealt in horticultural produce or within such longer period after the end of that month as the Commission allows, furnish to the Commission a return in the form approved by the Commission showing all dealings by the dealer in horticultural produce during that month.\n\nPenalty: a fine of $2 000.\n\n(2) A dealer referred to in subregulation (1), if requested to do so by the Commission, must include in the return the following information —\n\n(a) the names of the producers with whom the dealer dealt;\n\n(b) the quantities of horticultural produce supplied by those producers;\n\n(c) each type of horticultural produce supplied by those producers.\n\nPenalty: a fine of $2 000.\n\n(3) A producer must, not later than 14 days after the end of each month during which the producer has sold horticultural produce produced by the producer to a person other than a dealer, give to the Commission a return in relation to that produce in the form approved by the Commission.\n\nPenalty: a fine of $2 000.\n\n(4) A return under subregulation (3) must show the following information —\n\n(a) the quantities of each type of horticultural produce;\n\n(b) the types of horticultural produce.\n\n(5) A return may be given to the Commission in a hard copy or electronic form.\n\n[Regulation 8 inserted: Gazette 15 Sep 2009 p. 3570‑1.]\n\n[**9.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 10. Transitional and saving\n\n(1) In this regulation —\n\ncommencement day means the day on which these regulations come into operation.\n\n(2) A producer who is liable to pay a charge imposed by the Commission under section 14 of the Act immediately before the *Horticultural Produce Commission Amendment Act 2000* came into operation is, on and after the commencement day, to be taken to be liable to pay that charge under section 14(1) of the Act as if it had been imposed by the Commission on the commencement day.\n\n(3) These regulations apply to a charge referred to in subregulation (2) as if the charge had been imposed by the Commission on the commencement day under section 14(1) of the Act.\n\n![A:\\dline.gif]()\n\nNotes\n\n1 This is a compilation of the *Agricultural Produce (Horticultural Industry) Regulations 2001* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Agricultural Produce (Horticultural Industry) Regulations 2001* | 13 Feb 2001 p. 863‑6 | 13 Feb 2001 |\n| *Agricultural Produce (Horticultural Industry) Amendment Regulations 2009* | 15 Sep 2009 p. 3567‑71 | r. 1 and 2: 15 Sep 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 16 Sep 2009 (see r. 2(b)) |\n| **Reprint 1: The *Agricultural Produce (Horticultural Industry) Regulations 2001* as at 6 Nov 2009** (includes amendments listed above) | | |\n| *Agricultural Produce (Horticultural Industry) Amendment Regulations 2016* | 14 Jun 2016 p. 1819‑20 | r. 1 and 2: 14 Jun 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 15 Jun 2016 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncharge 2\n\ncommencement day 10(1)\n\ndealer 2\n\nhorticultural produce 2\n\nproducer 2\n\nsale 2\n\nspecified 4(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope changed from the original intent — the full text of the legislation was not available for analysis. Only the title and a website error message were provided."},"complexity_factors":["No legislative text was retrievable — only a broken page error message was provided","Unable to assess actual regulatory complexity without document content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"This is a Western Australian regulation from 2001 concerning horticultural industry produce—likely addressing matters such as grading, labelling, packaging or quality standards for fruit and vegetables grown or sold in WA. \n\nThe actual text isn’t accessible, so its legal effects, current status, or obligations can’t be determined here. To proceed, search the WA legislation website or contact the Parliamentary Counsel’s Office helpdesk to obtain the regulation and confirm whether it has been amended or repealed."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing the administrative machinery for collecting industry charges to fund horticultural services. The 2009 and 2016 amendments refined collection mechanisms (adding dealer collection obligations and updating returns requirements) but did not expand the scope beyond charge collection, statistical gathering, and transitional arrangements."},"complexity_factors":["Short length (10 regulations, approximately 6 pages)","Only 7 defined terms in the interpretation section","Minimal cross-referencing (primarily references to section 14 of the parent Act)","Straightforward conditional logic (if dealer buys from producer → collect charge; if local government provides pest service → collect charge)","Simple penalty structure ($2,000 fines for specific offences in regulations 6A and 8)","No nested exceptions or complex deeming provisions","Clear temporal triggers (14 days after month-end, or longer period as Commission allows)"],"plain_english_summary":"These regulations set up a system for collecting fees (called 'charges') from farmers who grow fruit, vegetables, nuts, flowers, and plants. The money goes to producers' committees that provide services like pest control and marketing for the horticulture industry.\n\n**Who pays:**\n- **Producers** — farmers who grow the crops\n- **Dealers** — middlemen who buy from farmers wholesale (including processors)\n\n**How it works:**\n- The Agricultural Produce Commission can impose charges on producers to fund services\n- Dealers must collect these charges when they buy produce from farmers, either by deducting from what they owe the farmer or as a separate payment\n- If farmers sell directly to the public (not through a dealer), they pay the charge themselves\n- Local councils collect charges specifically for pest and disease control services\n- Everyone must submit monthly paperwork ('returns') showing what they bought or sold\n\n**Key obligations:**\n- Dealers must collect charges immediately when buying produce and pay them to the Commission within 14 days after month-end\n- Dealers face fines up to $2,000 for failing to collect charges or submit returns\n- Farmers selling direct must pay charges and file returns within 14 days after month-end\n- The Commission can demand production statistics: quantities grown, land area used, and who you sold to\n\n**Why it matters:**\nThis creates a self-funding mechanism where the horticulture industry pays for its own research, marketing, and biosecurity (pest control) services rather than relying on general taxpayer funding."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have broadened and clarified operational scope since their original 2001 text. Amendments inserted a dealer-collection mechanism (reg 6A, Gazette 15 Sep 2009) and added/updated returns provisions including electronic submission (reg 8, inserted 2009). The rules specify local government collection for pest-control services (reg 6(1)), expanded the dealer definition to include processors (reg 2(e)), and give the Commission greater specification powers over required statistical information (reg 4). Transitional saving (reg 10) preserves pre-amendment liabilities as charge liabilities under the Act."},"complexity_factors":["Multiple collection pathways and who bears payment: producer, dealer (reg 6A) or local government for pest-control services (reg 6).","Commission discretion to specify what statistical information is required and to approve return forms and time extensions (reg 4(1); reg 8(1)).","Defined terms expand scope and affect application (definitions of dealer, producer, horticultural produce in reg 2).","Periodic reporting obligations and short compliance timelines (14‑day rules in regs 5(2), 6A(6), 8(1)–(3)).","Criminal penalties for non-compliance (fines up to $2,000) increase enforcement stakes (regs 6A(2),(6); 8(1),(2),(3)).","Transitional saving and interplay with the parent Act affect legacy liabilities (reg 10)."],"plain_english_summary":"These regulations set how charges under the Agricultural Produce Commission Act are imposed, collected and reported for horticultural producers in Western Australia. They define who counts as a producer or dealer, prescribe required statistical returns and collection routes (producer, dealer or local government), set payment deadlines and fines, and give the Commission discretion to specify particulars and approve forms."}},"importantCases":[],"_links":{"self":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001","history":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001/history","analysis":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001/analysis","conflicts":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001/conflicts","importantCases":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001/important-cases","documents":"/api/acts/agricultural-produce-horticultural-industry-regulations-2001/documents"}}