{"id":"nsw:act-2024-077","name":"Agriculture Commissioner Act 2024","slug":"agriculture-commissioner-act-2024","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"77 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28887,"registerId":"nsw-act-2024-077-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Agriculture Commissioner Act 2024](/view/html/inforce/current/act-2024-077).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> agricultural matters means matters relating to agriculture, agricultural productivity, land use conflicts, food security and agroecology.\n> \n> Agriculture Commissioner or Commissioner means the person appointed as the Agriculture Commissioner by the Governor under section 4(2).\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Agriculture Commissioner","content":"# Part 2 Agriculture Commissioner\n\nPart 2 Agriculture Commissioner","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Agriculture Commissioner","content":"#### 4 Establishment of Agriculture Commissioner\n\n4 Establishment of Agriculture Commissioner\n\n> > (1) There must be an Agriculture Commissioner.\n> \n> > (2) The Commissioner is appointed by the Governor on the recommendation of the Minister.\n> \n> > (3) The Commissioner is an officer of the Crown.\n> \n> > (4) Schedule 1 contains provisions relating to the Commissioner.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Functions of Agriculture Commissioner","content":"#### 5 Functions of Agriculture Commissioner\n\n5 Functions of Agriculture Commissioner\n\n> > (1) The Commissioner has the following functions—\n> > \n> > > (a) to give advice about, and undertake reviews of, agricultural matters,\n> > \n> > > (b) to make recommendations about agricultural matters to the Minister and other relevant Ministers,\n> > \n> > > (c) to monitor developments relating to agricultural matters,\n> > \n> > > (d) to identify opportunities to improve agricultural matters,\n> > \n> > > (e) to promote a coordinated and collaborative approach across the Commonwealth Government, the NSW Government and local government in relation to agricultural matters,\n> > \n> > > (f) other functions conferred on the Commissioner by or under this Act or another Act.\n> \n> > (2) The Commissioner must, from time to time, in consultation with relevant NSW Government agencies, prepare and publish maps of New South Wales in relation to agricultural matters to assist in the exercise of the Commissioner’s functions.\n> \n> > (3) To assist in the exercise of the Commissioner’s functions, the Commissioner may—\n> > \n> > > (a) engage experts and stakeholders, and\n> > \n> > > (b) enter into contracts or other arrangements.\n> \n> > (4) The Commissioner is subject to the control and direction of the Minister in the exercise of the Commissioner’s functions, other than in relation to the content of the Commissioner’s advice, reviews, reports or recommendations.\n> \n> > (5) The Commissioner must act in an independent and impartial way in relation to the content of the Commissioner’s advice, reviews, reports or recommendations.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Reports about reviews undertaken by Agriculture Commissioner","content":"#### 6 Reports about reviews undertaken by Agriculture Commissioner\n\n6 Reports about reviews undertaken by Agriculture Commissioner\n\n> > (1) As soon as practicable after undertaking a review, as referred to in section 5(1)(a), the Commissioner must prepare a report about the review.\n> \n> > (2) The report must be published on the Commissioner’s website.\n> \n> > (3) Before publishing a report under subsection (2), the Commissioner must—\n> > \n> > > (a) give a copy of the report to—\n> > > \n> > > > (i) the Minister, and\n> > > \n> > > > (ii) other relevant Ministers, and\n> > \n> > > (b) allow the Minister, and other Ministers to whom the report is given, reasonable time to consider the report.\n> \n> > (4) In this section—\n> > \n> > Commissioner’s website means a NSW Government website used by the Commissioner to provide public access to matters relating to the Commissioner’s functions.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Ministers must respond to Agriculture Commissioner’s recommendations","content":"#### 7 Ministers must respond to Agriculture Commissioner’s recommendations\n\n7 Ministers must respond to Agriculture Commissioner’s recommendations\n\n> > (1) This section applies if the Commissioner makes a recommendation to the Minister or another Minister under section 5(1)(b).\n> \n> > (2) The Minister to whom the recommendation is made must—\n> > \n> > > (a) respond to the recommendation within 6 months after the recommendation is made, and\n> > \n> > > (b) make the response publicly available.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Agriculture Commissioner’s power to require information","content":"#### 8 Agriculture Commissioner’s power to require information\n\n8 Agriculture Commissioner’s power to require information\n\n> > (1) The Commissioner may, by notice given to a relevant executive, require the relevant executive to give specified information to the Commissioner.\n> \n> > (2) A notice may only require information to be given to the Commissioner if the information is reasonably required for the exercise of the Commissioner’s functions.\n> \n> > (3) A notice must specify—\n> > \n> > > (a) the way in which the information must be given, and\n> > \n> > > (b) a reasonable time within which the information must be given.\n> \n> > (4) A notice may require information to be given to the Commissioner that includes personal information, within the meaning of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> > \n> > Note—\n> > \n> > Under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), section 25, a public sector agency is not required to comply with particular provisions of that Act if non-compliance is otherwise permitted, or is necessarily implied or reasonably contemplated, under another Act.\n> \n> > (5) A notice may only require a relevant executive to give existing information that is—\n> > \n> > > (a) in the possession of the relevant Public Service agency or relevant State owned corporation, or\n> > \n> > > (b) within the power of the relevant Public Service agency or relevant State owned corporation to obtain lawfully.\n> \n> > (6) The Commissioner may take copies of information given to the Commissioner under this section.\n> \n> > (7) A relevant executive given a notice under this section must comply with the notice unless the relevant executive has a reasonable excuse.\n> \n> > (8) In this section—\n> > \n> > information includes a document.\n> > \n> > relevant executive means—\n> > \n> > > (a) for a relevant Public Service agency—the head of the agency, or\n> > \n> > > (b) for a relevant State owned corporation—the chief executive officer or a director of the State owned corporation.\n> > \n> > relevant Public Service agency means a Public Service agency, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), that has functions relating to, or is otherwise involved in, agricultural matters.\n> > \n> > relevant State owned corporation means a State owned corporation that has functions relating to, or is otherwise involved in, agricultural matters.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Staff","content":"#### 9 Staff\n\n9 Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Commissioner to exercise the Commissioner’s functions.\n> \n> Note—\n> \n> The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 59 provides that persons employed in the Public Service to enable the Commissioner to exercise the Commissioner’s functions, or whose services the Commissioner makes use of, may be referred to as officers or employees, or members of staff, of the Commissioner. The [Constitution Act 1902](/view/html/inforce/current/act-1902-032), section 47A precludes the Commissioner from employing staff.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application of Privacy and Personal Information Protection Act 1998","content":"#### 10 Application of Privacy and Personal Information Protection Act 1998\n\n10 Application of [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)\n\n> The office of the Commissioner is a public sector agency for the purposes of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Personal liability","content":"#### 11 Personal liability\n\n11 Personal liability\n\n> > (1) A protected person is not personally subject to civil liability for anything done or omitted to be done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purposes of exercising functions under this Act.\n> \n> > (2) The liability attaches instead to the Crown.\n> \n> > (3) In this section—\n> > \n> > civil liability includes an action, claim or demand.\n> > \n> > protected person means the following—\n> > \n> > > (a) the Commissioner,\n> > \n> > > (b) a member of the staff of the Commissioner,\n> > \n> > > (c) a person acting under the direction of the Commissioner.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Review of Act","content":"#### 12 Review of Act\n\n12 Review of Act\n\n> > (1) The Minister must review the operation of this Act to determine whether—\n> > \n> > > (a) the policy objectives of the Act remain valid, and\n> > \n> > > (b) the terms of the Act remain appropriate for securing the policy objectives.\n> \n> > (2) A review must be undertaken—\n> > \n> > > (a) as soon as practicable after the period of 5 years from the commencement of this Act, and\n> > \n> > > (b) every 5 years after the first review.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period to which the review relates.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> The Governor may make regulations about a matter that is—\n> \n> > (a) required or permitted by this Act to be prescribed, or\n> \n> > (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Agriculture Commissioner","content":"# Schedule 1 Provisions relating to Agriculture Commissioner\n\nSchedule 1 Provisions relating to Agriculture Commissioner\n\nsection 4(4)","sortOrder":16},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions","sortOrder":22},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":25}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be the original legislation establishing the Agriculture Commissioner role. The scope remains focused on its core purpose: creating an independent advisory and review body for agricultural matters in NSW. The provisions regarding employment conditions, information-gathering powers, and reporting requirements are standard machinery provisions for a statutory office holder and do not represent scope creep beyond the original intent."},"complexity_factors":["Multiple cross-references to other Acts: Government Sector Employment Act 2013, Privacy and Personal Information Protection Act 1998, Interpretation Act 1987, Constitution Act 1902","Nested definitions in section 8 with four levels of indentation (relevant executive, relevant Public Service agency, relevant State owned corporation)","Dual removal mechanisms for the Commissioner (Minister for specific grounds, Governor for any/no reason under GSE Act Part 6)","Complex employment status: Commissioner is not a Public Service employee but subject to selected provisions of the GSE Act as if they were a senior executive","Conditional independence: Commissioner is subject to ministerial direction except regarding content of advice, reviews, reports or recommendations (section 5(4)-(5))","Information-gathering power includes personal information with explicit privacy law carve-out (section 8(4) with note)","Schedule 2 contains standard but detailed transitional regulation-making powers with 2-year sunset clauses"],"plain_english_summary":"This law creates a new government position called the **Agriculture Commissioner** for New South Wales. Think of this person as an independent watchdog and advisor for farming and rural issues.\n\n**What the Commissioner does:**\n- Advises the government on agricultural issues like farm productivity, land use conflicts, food security, and sustainable farming (agroecology)\n- Conducts reviews and makes recommendations to ministers\n- Monitors developments in agriculture and identifies opportunities for improvement\n- Promotes cooperation between federal, state, and local governments on farming matters\n- Publishes maps of NSW to help with agricultural planning\n\n**Key features:**\n- The Commissioner is appointed by the Governor (on the Minister's recommendation) for up to 5 years and can be reappointed\n- They must remain **independent and impartial** when giving advice, though the Minister can direct them on other matters\n- Ministers must respond to the Commissioner's recommendations within **6 months** and make their responses public\n- The Commissioner can **compel government agencies and state-owned corporations** to hand over information needed for their work\n- The Commissioner's staff are public servants, but the Commissioner themselves is not\n- The Commissioner's office must follow privacy laws\n- The Commissioner and staff are protected from personal lawsuits when acting in good faith\n- The law must be reviewed every **5 years** to check it's still working properly\n\n**Who it affects:**\n- NSW Government agencies dealing with agriculture\n- State-owned corporations involved in farming or rural matters\n- Farmers and rural communities (indirectly, through the Commissioner's advocacy)\n- The Minister for Agriculture and other relevant ministers"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no evidence that the scope of the Act changed from its original intent. The Act appears to have been enacted as intended — to create the office of Agriculture Commissioner in NSW — with a brief historical version dated 31 October 2024 and the operative version commencing 1 November 2024, suggesting only minor technical amendments (if any) at commencement rather than any substantive scope change."},"complexity_factors":["Only website navigation and metadata were provided — the actual legislative text of the Act is absent, making substantive legal analysis impossible","Single-purpose legislation (establishing one statutory office) is typically straightforward in structure","No amending provisions, schedules, or cross-references to other Acts are visible in the provided text","Responsibility falls under a single minister, suggesting a relatively contained regulatory footprint","The low score reflects the simplicity of what can be assessed, not necessarily the Act's true complexity"],"plain_english_summary":"This Act creates a new Agriculture Commissioner role to oversee and advocate for NSW’s agricultural sector—serving farmers, agribusinesses, rural communities and related government agencies by advising government, investigating sector concerns, reporting on agriculture, and acting as a liaison between farmers and departments.\n\nThe available text is mainly a website page, not the full legislative text, so specific powers, appointment and accountability details are not visible. The Act commenced 1 November 2024 and is administered by the NSW Minister for Agriculture."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act creates a new statutory office with defined functions and powers. The text contains no amendments or provisions indicating a change from a prior statutory scope; it defines its substantive scope (s3), sets functions (s5) and permits regulations/transitional measures (Sch 2 Pt 1) but does not alter an earlier instrument’s scope."},"complexity_factors":["Cross‑jurisdictional coordination obligations with Commonwealth, NSW and local government (s5(e)) requiring multi‑level engagement and potential coordination costs.","Information‑gathering powers that can require existing and personal information from public agencies, interacting with the Privacy and Personal Information Protection Act and a 'reasonable excuse' defence (s8; s10).","Ministerial control over exercise of functions while preserving content independence of advice—creates a tension between direction and independence (s5(4)–(5)).","Employment and status complexity: Commissioner is not a Public Service employee but employment is governed by a contract that imports senior executive provisions from the Government Sector Employment Act, including a model contract (Sch 1 cl 2(2)–(5)).","Removal and vacancy mechanics reference both Ministerial removal for cause and Governor powers under the Government Sector Employment Act, introducing dual removal pathways (Sch 1 cl 3; cl 4(1)(d); note to cl 3).","Obligations to publish reports and for Ministers to publicly respond within fixed timeframes impose transparency and administrative deadlines (ss6–7).","Regulations and transitional savings may be made with time limits and retroactive operation subject to protections, which creates implementation planning needs (Sch 2 Pt 1 cl 1(1)–(6)).","Broad statutory definition of 'agricultural matters' (including land use conflicts, food security and agroecology) enlarges substantive scope of reviews and recommendations (s3)."],"plain_english_summary":"Establishes an Agriculture Commissioner (appointed by the Governor on the Minister’s recommendation) to advise, review and coordinate agricultural matters across Commonwealth, NSW and local government. The Commissioner can require information from relevant public agencies and must publish review reports (ss4–6,8).\n\nThe Minister controls most functions and appoints/removes the Commissioner, but cannot direct the content of the Commissioner’s advice; officials must comply with information notices unless they have a reasonable excuse and the Crown, not individuals, bears civil liability for good‑faith acts (s5(4–5); s8; s11)."}},"importantCases":[],"_links":{"self":"/api/acts/agriculture-commissioner-act-2024","history":"/api/acts/agriculture-commissioner-act-2024/history","analysis":"/api/acts/agriculture-commissioner-act-2024/analysis","conflicts":"/api/acts/agriculture-commissioner-act-2024/conflicts","importantCases":"/api/acts/agriculture-commissioner-act-2024/important-cases","documents":"/api/acts/agriculture-commissioner-act-2024/documents"}}