New South Wales act

Agricultural Industry Services Act 1998

In ForceNSW

Jurisdiction

New South Wales

Act Number

45 of 1998

Collection

act

Plain English Summary

6/10 complexity

This Act sets up agricultural industry services committees to provide, fund or coordinate research, quality control, pest and disease control, compensation schemes and related services for specified primary-producer groups and commodities. Committees are statutory corporations that may levy rates on their constituents to pay for services and must prepare 5‑year plans and reports.

Who pays and who decides: constituents fund services through levies (ss 23–24); the Secretary oversees committees and may appoint inspectors (s 16; s 41A). The Act also allows extra‑territorial and interstate arrangements (Pt 3A), affecting where and to whom obligations apply.

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What it does

This Act establishes a statutory framework for industry-specific bodies called agricultural industry services committees, grants them corporate status, prescribes how they are created, run and wound up, and sets out their financial powers including the ability to levy rates on primary producers to fund services. Mechanically, the Act:

Enables creation of a committee by regulation (the foundation regulation) to perform specified "agricultural industry services" for a defined class of primary producers, commodities and geographic area (s 4(1); s 6(1)). The foundation regulation must specify membership structure, electoral districts (if any), voting entitlements, quorum and financial year (s 6(1)-(2); s 7(1)).
Requires constituent engagement for establishment: an application by persons in the proposed area, and a poll in which more than half of proposed constituents vote and a majority of votes are in favour, before a foundation regulation may be made (s 4(2)(a)-(b); s 4(3)-(5)). The Minister’s direction and Premier’s concurrence are required for the poll and for making the regulation (s 4(2)(c); s 4(4)).
Constitutes the committee as a corporation on commencement of its foundation regulation (s 7(1)); continues existing bodies where regulations so provide (s 5).
Imposes governance and accountability obligations: maintenance of a register of constituents available for public inspection (s 8); annual constituent meetings (s 14(1)); preparation and circulation of a five-year plan and annual review (s 15); Secretary oversight including attendance, information requests and occasional reports (s 16).
Grants committees finance powers: to resolve and levy rates on constituents (s 23-24), impose fees for goods/services (s 26), hold general and special funds (s 27-29), invest funds subject to either government finance rules or trustee limits (s 31), and charge interest on overdue rates (s 25).

Current sections

Direct links to the current provisions in Agricultural Industry Services Act 1998.

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Agricultural Industry Services Act 1998.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Definitions

3 Definitions

In this Act—

agricultural industry service means any service that comprises the provision, funding or facilitation of—

(a) the conduct of research into, the development of techniques for or the provision of information or advice on—

(i) the growing, raising, producing, packaging, processing or marketing of primary products, or

(ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or

(b) the establishment or management of schemes for—

(i) the maintenance of quality control in the growing, raising, producing, packaging, processing or marketing of primary products, or

(ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or

(iii) the compensation of primary producers for losses incurred by them as a result of the damage or destruction of primary products, or

(iv) the protection or management of the natural environment by primary producers, or

(v) the purchase by, or the supply to, primary producers of goods and services for use in connection with their activities as primary producers, or

(c) such other activities as are declared by the regulations to be agricultural industry services for the purposes of this Act.

annual report means a report prepared by the Secretary on the Secretary’s work and activities under this Act, as referred to in section 47.

area of operations means—

(a) in relation to a proposed committee, the area described in the application for the establishment of the committee referred to in section 4 (2) (a), and

(b) in relation to an established committee, the committee’s area of operations, as set out in the committee’s foundation regulation.

committee means an agricultural industry services committee constituted by this Act.

commodity, in relation to a committee, means a primary product (or a variety, grade or class of primary product) that is specified by the committee’s foundation regulation to be a commodity for that committee.

Competition Principles Agreement means the agreement of that name between the Commonwealth, the States and the Territories that was entered into, for and on behalf of New South Wales, on 11 April 1995.

constituent of a committee means a person whose name is included in the committee’s register of constituents.

Department means Regional NSW.

exercise a function includes perform a duty.

foundation regulation, in relation to a committee, means a regulation made for the purposes of section 4 or 5, being the regulation by which the committee is established.

function includes a power, authority or duty.

grower means a person—

(a) who grows, raises or produces a primary product on his, her or its own behalf, or

(b) on whose behalf a primary product is grown, raised or produced, or

(c) who is a party to a share-farming or partnership agreement under which a primary product is grown, raised or produced.

inspector means a person appointed by the Secretary under section 41A.

occasional report, in relation to a committee, means a report prepared by the Secretary in relation to the committee’s work and activities, as referred to in section 16 (1) (e).

packer means a person—

(a) who packages primary products on his, her or its own behalf, or

(b) on whose behalf primary products are packaged.

primary producer means a grower, packer, processor or trader.

primary product means any produce of agriculture, horticulture, viticulture, grazing, pig-keeping, poultry farming or bee-keeping, or of any similar activity prescribed by the regulations, and includes anything prepared directly from any such produce.

processor means a person—

(a) who processes primary products on his, her or its own behalf, or

(b) on whose behalf primary products are processed,

but does not include a person who manufactures products of which one or more primary products are merely ingredients.

register of constituents means a register referred to in section 8.

Secretary means the Secretary of the Department.

trader means a person—

(a) who sells primary products on his, her or its own behalf, or

(b) on whose behalf primary products are sold,

but does not include a person who sells primary products by retail only.

5-year plan means a plan prepared in accordance with section 15.

s 3: Am 2007 No 76, Sch 1 [1]; 2008 No 62, Sch 1.2 [1]; 2010 No 59, Sch 2.2; 2013 No 95, Sch 8.1 [1]; 2015 No 58, Sch 3.3 [2]; 2020 No 30, Sch 3.1.

Notes

3A Notes

Notes included in this Act do not form part of this Act.

s 3A: Ins 2001 No 34, Sch 4.1 [1].

Part 2

Agricultural industry services committees

Part 2 Agricultural industry services committees

Division 1

Procedure for establishing committees

Division 1 Procedure for establishing committees

Establishment of new agricultural industry services committees

4 Establishment of new agricultural industry services committees

(1) A regulation may establish an agricultural industry services committee to perform specified agricultural industry services for a specified class of primary producers and for a specified class of primary products grown, raised, produced, packed, processed or marketed within a specified area.

(2) A regulation referred to in subsection (1) may not be made unless—

(a) an application for the establishment of the committee is made to the Minister by persons whose activities as primary producers are located within the committee’s proposed area of operations, and

(b) more than half of the votes cast in a poll in which more than half of the committee’s proposed constituents cast votes are in favour of the establishment of the committee, and

(c) the making of the regulation has the concurrence of the Premier.

(3) A poll referred to in subsection (2) (b) is to be taken only if the Minister so directs.

(4) Such a direction may not be given unless—

(a) the Minister is satisfied that the establishment of the committee would be to the benefit of the committee’s proposed constituents, and

(b) the Minister has had regard to the Competition Principles Agreement, and

(c) the Premier has concurred in the giving of the direction.

(5) The question on which the poll is taken must deal with each of the matters that are required by section 6 to be dealt with in a foundation regulation, and may also include a proposed rate for the purposes of section 23.

Continuation of existing agricultural industry services committees, marketing boards and marketing committees

5 Continuation of existing agricultural industry services committees, marketing boards and marketing committees

(1) A regulation may establish an agricultural industry services committee—

(a) to continue an existing agricultural industry services committee whose foundation regulation is due for repeal by section 10 of the Subordinate Legislation Act 1989, or

(b) to continue, as an agricultural industry services committee, some other body in the nature of an agricultural industry services committee, being a body constituted or established by or under some other Act administered by the Minister.

(2) In any regulation referred to in subsection (1), the agricultural industry services, primary producers, primary products and area of operations for the new agricultural industry services committee are to be the same as those for the existing agricultural industry services committee or other body.

(3) A regulation referred to in subsection (1) may not be made unless the making of the regulation has the concurrence of the Premier.

Content of foundation regulation

6 Content of foundation regulation

(1) A committee’s foundation regulation must specify the following—

(a) the class of primary producers for which the committee is constituted,

(b) the area of operations for which the committee is constituted,

(c) the commodities for which the committee is constituted,

(d) the agricultural industry services for which the committee is constituted.

(2) A committee’s foundation regulation must also make provision for the following matters—

(a) the corporate name of the committee,

(b) the number of members that are to constitute the committee, indicating—

(i) how many are to be elected members, and

(ii) how many (if any) are to be appointed members,

(c) if the committee’s area of operations is to be divided into electoral districts, the boundaries of those districts,

(d) if there are to be appointed members—

(i) the persons or bodies by whom the appointed members are to be appointed, and

(ii) the procedures for appointment of those members,

(e) in the case of a regulation referred to in section 4 (1), the terms (not exceeding 4 years for any member) for which the first members of the committee are to hold office,

(f) in the case of a regulation referred to in section 5 (1), such provisions of a savings or transitional nature as are necessary or convenient to be made as a consequence of the reconstitution of the committee under this Act,

(g) the voting entitlements of the committee’s constituents, both for polls and (if appropriate) for elections,

(h) the quorum for a committee meeting and for a meeting of the committee’s constituents,

(i) the committee’s financial year.

(3) More than half of the members of the committee are to be members elected or appointed from among the committee’s constituents.

(4) A constituent’s voting entitlement for elections need not be the same as the constituent’s voting entitlement for polls.

Note—

The Subordinate Legislation Act 1989, including, in particular, item 3 of Schedule 2 to that Act, makes provision for the preparation of a regulatory impact statement for a committee’s foundation regulation.

s 6: Am 2002 No 81, Sch 1 [1].

Division 2

Constitution and functions of committees

Division 2 Constitution and functions of committees

Constitution of committees

7 Constitution of committees

(1) On the day on which a committee’s foundation regulation takes effect, the committee established by the regulation is constituted by this Act as a corporation under the corporate name given to it by the regulation.

(2) In the case of a foundation regulation that establishes a committee (the new committee) to continue an existing committee as referred to in section 5 (1) (a) or to continue, as a committee, some other body as referred to in section 5 (1) (b) (the existing body)—

(a) the new committee is taken to be the same legal entity as, and a continuation of, the existing body, and

(b) each member of the existing body continues to hold office as a member of the new committee until the expiry of the term for which he or she was elected or appointed, and

(c) any rate, fee or charge that was payable to the existing body under the Act by or under which it was constituted or established is taken to be a rate, fee or charge payable to the new committee under this Act.

(3) Schedule 1 has effect with respect to the membership and procedure of a committee.

(4) A committee is not, and does not represent, the Crown.

Register of constituents

8 Register of constituents

(1) A committee must compile and maintain a register of its constituents and their voting entitlements, both for polls and elections.

(2) A person’s name is to be included in a committee’s register of constituents if and only if the person belongs to the class of primary producers for which the committee is constituted, as set out in the committee’s foundation regulation.

(3) A committee that decides to include a person’s name in the register, or to exclude a person’s name from the register, must cause notice of its decision to be served on the person.

(4) A committee must keep its register of constituents available for public inspection at its offices, free of charge, during its ordinary business hours.

Functions of committee

9 Functions of committee

(1) A committee’s principal function is to perform the agricultural industry services specified in its foundation regulation.

(2) A committee has such other functions as are conferred or imposed on it by or under this or any other Act or law.

(3) In the exercise of its functions, a committee is subject to such lawful instructions from its constituents as are supported by more than half of the votes cast in a poll in which more than half of the committee’s constituents cast votes.

(4) A poll referred to in subsection (3) is to be taken only if the Minister so directs in accordance with section 17 (4).

(5) For the purpose of exercising its functions, a committee may enter into, and perform its obligations under, an arrangement with any other body with respect to the orderly provision of agricultural industry services to primary producers within the combined areas of operations of both bodies.

(6) Without limiting subsection (5), the bodies with which a committee may enter into such an arrangement include the Government of, or a public authority of, the Commonwealth or this or any other State or Territory.

Staff of committee

10 Staff of committee

(1) A committee may employ such staff as it considers necessary for the exercise of its functions.

(2) A committee may also engage contractors to assist it in the exercise of its functions.

Delegation of functions

11 Delegation of functions

A committee may delegate to any person any of its functions, other than this power of delegation.

Seal of committee

12 Seal of committee

(1) A committee is to have an official seal.

(2) The seal is to be kept by the chairperson of the committee and may be applied to a document only—

(a) in the presence of the chairperson or a member of staff of the committee authorised in that behalf by the chairperson, and

(b) with an attestation, signed by the chairperson or member of staff, as to its application to the document.

Personal liability

13 Personal liability

An act or omission by a committee, by a member of a committee, by a member of staff of a committee or by any person acting under the direction of a committee does not subject the member or person so acting personally to any action, liability, claim or demand so long as the act or omission was done or omitted in good faith in the purported administration or execution of this or any other Act or law.

Division 3

Accountability

Division 3 Accountability

Meetings of committee’s constituents

14 Meetings of committee’s constituents

(1) A committee must convene a general meeting of its constituents at least once every 12 months.

(2) In addition to the general meetings, a committee must convene a special meeting of its constituents whenever applications (whether individual or collective) for convening such a meeting are made by as many of its constituents as would constitute a quorum at such a meeting.

(3) A meeting of a committee’s constituents may consider any matter in relation to the committee’s functions.

(4) Schedule 2 has effect with respect to the procedures for meetings of a committee’s constituents.

Strategic plans and reports

15 Strategic plans and reports

(1) As soon as practicable after a committee is first established, it must prepare a plan of its proposed work and activities for its first 5 years (its first 5-year plan).

(2) Each year, the committee is to review its current 5-year plan and, in the light of the review, prepare a new 5-year plan.

(3) Each 5-year plan—

(a) must deal with the period of 5 years from the date on which it is prepared, and

(b) must indicate—

(i) the agricultural industry services the committee proposes to perform during that period, and

(ii) the estimated cost of performing those services, and

(iii) the rate or rates that will need to be levied in order to pay for those services, and

(c) may include indicators against which the performance of the committee may be measured.

(4) Within 6 months after a committee is first established under this Act—

(a) it must cause copies of its first 5-year plan to be sent to each of its constituents, and

(b) it must convene a special meeting of its constituents to consider the plan.

(5) As soon as practicable after a committee prepares its annual reporting information under the Government Sector Finance Act 2018, it must cause—

(a) copies of the information, and

(b) copies of its current 5-year plan,

to be sent to each of its constituents.

s 15: Am 2007 No 76, Sch 1 [2]; 2018 No 70, Sch 4.4[1].

Role of Secretary

16 Role of Secretary

(1) The Secretary is entitled, in respect of each committee established under this Act—

(a) to receive copies of all matter sent by the committee to its members and constituents, and

(b) to attend all meetings of the committee and all meetings of the committee’s constituents, and

(c) to be given such information as the Secretary requests from the committee in connection with its work and activities, and

(d) to monitor the work and activities of the committee, and

(e) to prepare reports from time to time, for submission to the Minister, on the work and activities of the committee (referred to as occasional reports).

(2) The Secretary must ensure that copies of—

(a) any occasional report with respect to a particular committee, and

(b) such part of any annual report as relates to a particular committee,

are given to the committee.

(3) The Secretary’s power to make an occasional report in relation to a particular committee’s work and activities is independent of the Secretary’s duty to prepare an annual report in relation to the Secretary’s work and activities under this Act.

(4) The Secretary may delegate to any person the Secretary’s functions under this Act, other than this power of delegation.

Initiation of polls by constituents

17 Initiation of polls by constituents

(1) A committee’s constituents may request the Minister to direct that a poll be taken on any one or more of the following questions—

(a) the question of whether an instruction should be given to the committee in relation to the committee’s exercise of its functions,

(b) the question of whether the committee’s foundation regulation should be amended so as to vary provisions of the kind referred to in section 6 (1),

(c) the question of whether the committee’s affairs should be wound up.

(2) Such a request is to be made—

(a) by means of a resolution carried at a meeting of the committee’s constituents, or

(b) by means of applications (whether individual or collective) from the committee’s constituents,

where the number of constituents voting in support of the resolution or the number of applicants, as the case requires, is at least as great as the number of constituents required for a quorum at a meeting of the committee’s constituents.

(3) Within 14 days after such a request is made by a committee’s constituents, the committee must cause notice of the request to be given to the Minister.

(4) A poll referred to in subsection (1) is to be taken only if the Minister so directs.

(5) Such a direction may not be given—

(a) with respect to a question referred to in subsection (1) (a), unless the Minister has had regard to the Competition Principles Agreement, and

(b) with respect to a question referred to in subsection (1) (b), unless—

(i) the Minister has had regard to the Competition Principles Agreement, and

(ii) the Premier has concurred in the giving of the direction.

Division 4

Winding up of committee’s affairs

Division 4 Winding up of committee’s affairs

Initiation of proposal to wind up committee’s affairs

18 Initiation of proposal to wind up committee’s affairs

(1) The winding up of a committee’s affairs may be proposed—

(a) by the Minister, on his or her own motion, or

(b) by the committee’s constituents, by means of a request of the kind referred to in section 17 (1) (c), or

(c) by the committee, by notice in writing to the Minister.

(2) If the Minister—

(a) proposes the winding up of a committee’s affairs, as referred to in subsection (1) (a), or

(b) receives notice that the winding up of the committee’s affairs is supported by more than half of the votes cast in a poll referred to in section 17 (4) in which more than half of the committee’s constituents cast votes,

the Minister may, by notice published in the Gazette, declare that the committee’s affairs are to be wound up.

Action on committee’s proposal to wind up committee’s affairs

19 Action on committee’s proposal to wind up committee’s affairs

(1) On receiving a notice of a proposal under section 18 (1) (c), the Minister must cause notice of the proposal to be given in a manner that the Minister is satisfied is likely to bring the notice of the proposal to the attention of the committee’s constituents.

(2) The notice—

(a) must indicate that representations may be made to the Minister by the committee’s constituents as to whether or not the committee’s affairs should be wound up, and

(b) must specify a date by which any such representations should be made if they are to be considered by the Minister.

(3) If the Minister is satisfied, after considering any representations made with respect to the proposal to which the notice relates—

(a) that there is among the committee’s constituents both significant support for, and significant opposition to, the proposal, the Minister may, by order published in the Gazette, direct that a poll be taken on the question of whether the committee’s affairs should be wound up, or

(b) that there is among the committee’s constituents significant support for, but no significant opposition to, the proposal, the Minister may, by notice published in the Gazette, declare that the committee is to be wound up, or

(c) that there is among the committee’s constituents no significant support for the proposal, the Minister may decide that no further action is to be taken.

(4) If the Minister receives notice that the winding up of the committee’s affairs is supported by more than half of the votes cast in a poll referred to in subsection (3) (a) in which more than half of the committee’s constituents cast votes, the Minister may, by notice published in the Gazette, declare that the committee is to be wound up.

s 19: Am 2018 No 25, Sch 2.1 [1].

Circumstances in which committee’s affairs to be wound up

20 Circumstances in which committee’s affairs to be wound up

(1) A committee’s affairs are to be wound up—

(a) if the committee is the subject of a declaration referred to in section 18 (2) or 19 (3) (b) or (4), or

(b) if its foundation regulation is disallowed by either House of Parliament under section 41 of the Interpretation Act 1987, or

(c) if its foundation regulation is repealed by section 10 of the Subordinate Legislation Act 1989.

(2) Subject to section 21, the disallowance or repeal of a committee’s foundation regulation does not affect the existence or capacity of a committee.

Conduct of winding up

21 Conduct of winding up

(1) The winding up of a committee’s affairs is declared to be an applied Corporations legislation matter for the purposes of Part 3 of the Corporations (Ancillary Provisions) Act 2001 in relation to Division 4 of Part 5.5 (Voluntary winding up) and Part 5.6 (Winding up generally) of the Corporations Act 2001 of the Commonwealth (the Commonwealth Act), subject to the following modifications to the provisions of Parts 5.5 and 5.6—

(a) the functions of winding up a committee’s affairs may be exercised by a liquidator appointed by the Minister under subsection (2),

(b) a reference in Division 4 of Part 5.5 of the Commonwealth Act to a company is to be read as a reference to a committee,

(c) such other modifications (within the meaning of Part 3 of the Corporations (Ancillary Provisions) Act 2001) as may be prescribed by the regulations.

Note—

Part 3 of the Corporations (Ancillary Provisions) Act 2001 provides for the application of provisions of the Corporations Act 2001 and Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth as laws of the State in respect of any matter declared by a law of the State (whether with or without modification) to be an applied Corporations legislation matter for the purposes of that Part in relation to those Commonwealth provisions. Section 14 (2) of the Corporations (Ancillary Provisions) Act 2001 ensures that a declaration made for the purposes of Part 3 of that Act only operates to apply a provision of the Corporations legislation to a matter as a law of the State if that provision does not already apply to the matter as a law of the Commonwealth. If a provision referred to in a declaration already applies as a law of the Commonwealth, nothing in the declaration will affect its continued operation as a law of the Commonwealth.

(2) The Minister may appoint a person (whether or not the person is a registered liquidator within the meaning of the Corporations Act 2001 of the Commonwealth) to be a liquidator in relation to the winding up of a committee’s affairs for the purposes of subsection (1).

(2A) The regulations may provide for the Australian Securities and Investments Commission to exercise a function under any provision of the Corporations Act 2001 of the Commonwealth that is the subject of the declaration under subsection (1), but only if—

(a) the Australian Securities and Investments Commission is to exercise that function pursuant to an agreement of the kind referred to in section 11 (8) or (9A) (b) of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, and

(b) the Australian Securities and Investments Commission is authorised to exercise that function under section 11 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth.

(2B) Section 17 of the Corporations (Ancillary Provisions) Act 2001 has effect in relation to a regulation under subsection (2A) as if subsection (1) had expressly made provision for the Australian Securities and Investments Commission to exercise the functions concerned.

(3) A liquidator appointed by the Minister is entitled to such remuneration as the Minister may, with the concurrence of the Treasurer, determine, and any such remuneration may be paid out of the assets of the committee as part of the costs of liquidation.

(4) Any assets of a committee that remain after it has been wound up are to be dealt with as the Governor, on the recommendation of the Minister, may direct.

(5) In making a recommendation referred to in subsection (4)—

(a) the Minister must first consider whether it would be fair and practicable for those assets, or any part of them, to be returned to persons who are, or who have recently been, constituents of the committee and, if so, must recommend accordingly, and

(b) in relation to any assets remaining after the provisions of paragraph (a) have been complied with, the Minister must then consider whether there is any other organisation (including a body or organisation that represents the interests of primary producers in a participating jurisdiction under Part 3A) having the same general objects as those of the committee and, if so, must recommend that those remaining assets be transferred to that organisation or, if there is more than one such organisation, to each of those organisations in such proportions as the Minister considers appropriate, and

(c) in relation to any assets remaining after the provisions of paragraphs (a) and (b) have been complied with, the Minister must then consider how best those remaining assets can be dealt with in the public interest and must recommend accordingly.

(6) In considering the matters referred to in subsection (5) (a), (b) and (c), the Minister must consult with the members of the committee.

(7) A member of a committee that is being wound up continues to hold office until the winding up has been completed, and his or her term of office is taken to be extended to the extent necessary for that purpose.

(8) On being satisfied that a committee’s affairs have been fully wound up, the Minister may, by notice published in the Gazette, declare that the committee is dissolved.

(9) The publication of the notice operates to dissolve the committee.

s 21: Am 2001 No 34, Sch 4.1 [2]; 2001 No 112, Sch 21. [1] [2]; 2002 No 81, Sch 1 [2].

Division 5

Amendment and repeal of foundation regulations

Division 5 Amendment and repeal of foundation regulations

Amendment and repeal of foundation regulations

22 Amendment and repeal of foundation regulations

(1) Despite section 43 of the Interpretation Act 1987, a regulation under this Act—

(a) may not amend a committee’s foundation regulation with respect to the matters referred to in section 6 (1) unless the amendment is supported by more than half of the votes cast in a poll referred to in section 17 (4) in which more than half of the committee’s constituents cast votes, and

(b) may not repeal a committee’s foundation regulation unless the committee has been dissolved.

(2) In the case of a regulation to amend a committee’s foundation regulation so as to add to—

(a) the class of primary producers for which the committee is constituted, or

(b) the area of operations for which the committee is constituted, or

(c) the commodities for which the committee is constituted,

the reference in subsection (1) (a) to the committee’s constituents is taken to be a reference to all of the persons who would be the committee’s constituents if the committee’s foundation regulation were amended in accordance with the amending regulation.

Part 3

Finance

Part 3 Finance

Resolution to levy rates

23 Resolution to levy rates

(1) Within the period of 2 months before the commencement of each financial year, a committee must make a resolution as to the rates to be levied on its constituents during that year—

(a) for agricultural industry services to be performed by the committee during that year, as described in its current 5-year plan, and

(b) for agricultural industry services performed by the committee during previous financial years, to the extent to which rates levied in previous financial years have not paid for those services.

(2) Such a resolution may not be made otherwise than in accordance with—

(a) a resolution carried at a meeting of the committee’s constituents within the previous 12 months, or

(b) a proposal supported by more than half of the votes cast in a poll referred to in section 4 (5) in which more than half of the committee’s proposed constituents cast votes.

s 23: Am 2007 No 76, Sch 1 [3].

Levying of rates

24 Levying of rates

(1) A committee levies a rate on a constituent by causing notice—

(a) to be served on the constituent, or

(b) to be published in a manner approved by the Minister having regard to the object of bringing notices of that kind to the attention of constituents.

(2) The notice must indicate—

(a) the rate and, if appropriate, the circumstances in which the rate becomes payable, and

(b) the date or dates on which, or the period or periods at the end of which, the rate falls due, and

(c) the agricultural industry service or services to be funded by the rate.

(3) The rate falls due in accordance with the terms of the notice, except that no part of it falls due before the expiry of 14 days after the notice is published.

(4) A rate levied by the committee on a constituent is not a charge on land.

(5) A person does not cease to be liable for a rate that a committee levies on the person while the person is a constituent of the committee merely because the person subsequently ceases to be a constituent of the committee.

(6) In the case of a rate that becomes payable when a constituent delivers a commodity to another person—

(a) the committee may enter into an arrangement with the other person under which that person becomes a collecting agent for the committee in relation to such rates, and

(b) where such an arrangement is in place, any amount—

(i) that a constituent pays, on account of any such rate, to the collecting agent, or

(ii) that the collecting agent debits, on account of any such rate, from money owed by it to a constituent,

is taken to have been paid to the committee when it was paid to, or debited by, the collecting agent.

s 24: Subst 2007 No 76, Sch 1 [4]. Am 2018 No 25, Sch 2.1 [2].

Interest on unpaid rates

25 Interest on unpaid rates

(1) A committee may charge interest on any rates levied by it that are due but unpaid.

(2) The maximum rate at which interest may be charged under this section is the rate chargeable under section 101 of the Civil Procedure Act 2005 in relation to unpaid judgment debts.

s 25: Am 2005 No 28, Sch 5.1.

Fees and charges for goods and services

26 Fees and charges for goods and services

(1) A committee may impose such fees and charges as it may determine for any goods or services it provides to a person at the person’s request.

(2) Division 1 does not apply to or in respect of a fee or charge imposed under this section.

Establishment of funds

27 Establishment of funds

A committee must establish—

(a) a general fund, and

(b) a special fund for each agricultural industry service that it is authorised by its foundation regulation to perform.

Payments into funds

28 Payments into funds

(1) There is payable into a committee’s general fund—

(a) all rates, fees, charges and other money received by the committee that are not required to be paid into a special fund, and

(b) all interest received in respect of the investment of money belonging to the fund, and

(c) all money directed to be paid into the fund by or under this or any other Act or law.

(2) There is payable into a committee’s special fund—

(a) all rates, fees, charges and other money received by the committee in connection with that fund, and

(b) all interest received in respect of the investment of money belonging to the fund, and

(c) all money directed to be paid into the fund by or under this or any other Act or law.

(3) All money payable into a general or special fund is to be paid into an account kept with a bank, building society or credit union carrying on business in New South Wales or, in the case of a committee that has entered into an arrangement referred to in section 9 (5), an account kept in accordance with that arrangement.

Payments from funds

29 Payments from funds

(1) There is payable from a committee’s fund—

(a) all money paid on account of the committee or otherwise required to meet the committee’s expenditure in connection with that fund, and

(b) such part of the remuneration (including allowances) of the members and staff of the committee as are referable to that fund, and

(c) all money directed to be paid from that fund by or under this or any other Act or law.

(2) Subject to sections 30 and 31, money paid to a committee for the purpose of funding a particular agricultural industry service may be applied for that purpose only.

s 29: Am 2007 No 76, Sch 1 [5].

Internal loans between funds

30 Internal loans between funds

(1) Money held by a committee in any of its funds (being money that is not yet required for the purposes of the fund in which it is held) may be lent (by way of internal loan) to any other of the committee’s funds if, and only if, the Minister so approves.

(2) In granting such an approval, the Minister must impose conditions as to the time within which the loan must be repaid and as to any additional amount, in the nature of interest, that must be paid in connection with the loan.

(3) The terms of the loan must comply with the requirements imposed by the conditions of the approval.

Investment

31 Investment

A committee may invest money in its funds—

(a) if the committee is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the committee is permitted to invest money under that Part, or

(b) if the committee is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in accordance with the Trustee Act 1925 or in any other way approved by the Minister with the concurrence of the Treasurer.

s 31: Subst 2018 No 70, Sch 3.2.

Financial year

32 Financial year

(1) The financial year of a committee is the financial year prescribed by the committee’s foundation regulation.

(2) However, the financial year of a committee is to be the annual reporting period (if any) for the committee if the Treasurer has made a determination under section 2.10 of the Government Sector Finance Act 2018 for that period to be different from the period referred to in subsection (1).

s 32: Am 2018 No 70, Sch 4.4[2].

Part 3A

Extra-territorial application of Act

Part 3A Extra-territorial application of Act

32A

Definitions

32A Definitions

In this Part—

agricultural industry services legislation means the agricultural industry services legislation of New South Wales or the corresponding agricultural industry services legislation of Victoria or another State or Territory.

agricultural industry services legislation of New South Wales means this Act and the regulations, orders and other instruments made under this Act.

associated laws, in relation to the agricultural industry services legislation of New South Wales or of a participating jurisdiction, means the provisions of any laws of New South Wales or that jurisdiction concerning a matter arising under that legislation relating to the following—

(a) the jurisdiction of courts and tribunals under that legislation,

(b) the procedure before courts and tribunals exercising jurisdiction under that legislation (including with respect to evidence, appeals and review),

(c) the judicial review of administrative decisions under that legislation,

(d) the jurisdiction of the Ombudsman with respect to the conduct of public officials under that legislation,

(e) the access to information held by public officials under that legislation and the correction or amendment of that information,

(f) the protection of the privacy of personal information held by bodies established under that legislation,

(g) the disclosure of improper conduct by public officials under that legislation and bodies established under that legislation, the investigation of the matters disclosed and the protection of persons who make those disclosures or who may suffer reprisals in relation to those disclosures,

(h) the provision of financial statements and annual reports by bodies established under that legislation,

(i) the conduct of financial and performance audits of bodies established under that legislation,

(j) the interpretation of that legislation.

corresponding agricultural industry services legislation means the provisions of an Act or an instrument under an Act of a participating jurisdiction in respect of which a declaration under section 32B (b) is in force.

grown or produced, in relation to a commodity, includes raised, packed, processed or marketed.

law includes unwritten law.

participating jurisdiction means—

(a) Victoria, or

(b) another State or a Territory in respect of which a declaration under section 32B (a) is in force.

recognised foundation instrument means an instrument made under an Act of a participating jurisdiction in respect of which a declaration under section 32D is in force.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32B

Declaration of participating jurisdictions and corresponding legislation

32B Declaration of participating jurisdictions and corresponding legislation

The regulations may—

(a) declare another State or a Territory to be a participating jurisdiction for the purposes of this Act, and

(b) declare an Act or an instrument under an Act of a participating jurisdiction relating to agricultural industry services to be corresponding agricultural industry services legislation for the purposes of this Act.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32C

NSW foundation regulation with operation outside New South Wales

32C NSW foundation regulation with operation outside New South Wales

(1) A foundation regulation under this Act may provide for the application of this Act and the foundation regulation—

(a) in the area of operations in New South Wales that is specified in the foundation regulation, and

(b) in an area of operations in a participating jurisdiction that is specified in the foundation regulation, and

(c) to and in relation to the relevant commodity specified in the foundation regulation that is grown or produced in New South Wales and in a participating jurisdiction that is specified in the foundation regulation, and

(d) to and in relation to the primary producers of the relevant commodity in New South Wales and in a participating jurisdiction that is specified in the foundation regulation.

(2) The provisions of this Act and the regulations made under this Act with respect to the holding of polls and elections apply to the making of a foundation regulation referred to in subsection (1) with the following modifications—

(a) a reference to an area includes a reference to an area in the participating jurisdiction, and

(b) the modifications set out in this section and section 32J.

(3) The Minister must not direct that a poll of primary producers be held for the making of a foundation regulation referred to in subsection (1) unless the Minister responsible for administering the corresponding agricultural industry services legislation in the participating jurisdiction has agreed to the poll being held.

(4) A foundation regulation referred to in subsection (1) may be made if the majority of votes cast in the poll of primary producers in the area of operations in New South Wales (in which more than half of the primary producers in New South Wales who are entitled to vote in the poll have cast a vote) are in favour of the making of the proposed foundation regulation.

(5) A foundation regulation referred to in subsection (1) does not have effect unless the foundation regulation is declared to be a recognised instrument for the purposes of the participating jurisdiction in which the regulation is to have effect.

(6) A foundation regulation referred to in subsection (1) takes effect from the date a declaration under subsection (5) is made or from such later date as is specified in the regulation.

(7) Division 3 applies to and in relation to a foundation regulation referred to in subsection (1) from the date the regulation takes effect.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32D

Declaration of recognised foundation instruments to allow interstate legislation to have effect in New South Wales

32D Declaration of recognised foundation instruments to allow interstate legislation to have effect in New South Wales

(1) The regulations may declare an instrument made under an Act of a participating jurisdiction corresponding to this Act to be a recognised foundation instrument for the purposes of this Act.

(2) The Minister is not to recommend the making of a regulation under subsection (1) unless the Minister is satisfied that, at a poll conducted of the primary producers in New South Wales of the commodity that is proposed to be regulated under the recognised foundation instrument—

(a) more than half of the primary producers entitled to vote in the poll have cast a vote, and

(b) the majority of the votes cast are in favour of the establishment of the committee concerned.

(3) A regulation under subsection (1) may declare that a recognised foundation instrument applies—

(a) in the area in New South Wales that is specified in the regulation, and

(b) to and in relation to the commodity specified in the regulation in New South Wales, and

(c) to and in relation to the primary producers of the relevant commodity in New South Wales.

(4) Division 4 applies to and in relation to a regulation under subsection (1) from the date the regulation takes effect.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32E

Application of New South Wales agricultural industry services legislation and associated laws in area outside New South Wales

32E Application of New South Wales agricultural industry services legislation and associated laws in area outside New South Wales

This Division has effect for the purposes of the application of the agricultural industry services legislation of New South Wales—

(a) in the area of the participating jurisdiction described in a foundation regulation referred to in section 32C (1), and

(b) in relation to the commodity described in that regulation that is grown or produced in that area,

as if that area were within the territorial limits of New South Wales.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32F

Conferral of functions etc and jurisdiction on New South Wales

32F Conferral of functions etc and jurisdiction on New South Wales

(1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the agricultural industry services legislation of New South Wales (or the associated laws of New South Wales) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying—

(a) in the area of the participating jurisdiction specified in a foundation regulation referred to in section 32C (1), and

(b) in relation to the commodity described in that regulation that is grown or produced in that area.

(2) The several courts and tribunals of New South Wales are invested with jurisdiction in all matters arising under the agricultural industry services legislation of New South Wales (or the associated laws of New South Wales), as applying—

(a) in the area of the participating jurisdiction described in a foundation regulation referred to in section 32C (1), and

(b) in relation to the commodity described in the regulation that is grown or produced in that area.

(3) Charges that are required to be paid under the agricultural industry services legislation of New South Wales in relation to the commodity described in a foundation regulation referred to in section 32C (1) that is grown or produced in the area of the participating jurisdiction described in the regulation are to be treated as debts due and payable in accordance with the laws of New South Wales.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32G

Application of participating jurisdiction’s agricultural industry services legislation and associated laws in New South Wales

32G Application of participating jurisdiction’s agricultural industry services legislation and associated laws in New South Wales

(1) The agricultural industry services legislation of a participating jurisdiction relating to the commodity described in a regulation under section 32D (1) and the associated laws of that jurisdiction, apply—

(a) in the area of New South Wales described in that regulation, and

(b) in relation to the commodity described in that regulation that is grown or produced in that area,

as if that area were within the territorial limits of the participating jurisdiction.

(2) The agricultural industry services legislation of New South Wales relating to the commodity described in a regulation under section 32D (1) and the associated laws of New South Wales do not apply—

(a) in the area of New South Wales described in that regulation, and

(b) in relation to the commodity described in that regulation that is grown or produced in that area of New South Wales.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32H

Conferral of functions and jurisdiction on participating jurisdiction

32H Conferral of functions and jurisdiction on participating jurisdiction

(1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the agricultural industry services legislation of the participating jurisdiction (or the associated laws of the participating jurisdiction) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the area of New South Wales by virtue of this Division.

(2) The several courts and tribunals of the participating jurisdiction are invested with jurisdiction in all matters arising under the agricultural industry services legislation of the participating jurisdiction (or the associated laws of the participating jurisdiction), as applying in and in relation to the area of New South Wales by virtue of this Division.

(3) Charges and other amounts that are required to be paid under the agricultural industry services legislation of the participating jurisdiction in relation to the commodity described in a regulation under section 32D (1) that is grown or produced in the area of New South Wales described in the regulation are to be treated as debts due and payable in accordance with the laws of the participating jurisdiction.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32I

Provisions of agricultural industry services legislation of the participating jurisdiction with specific application not to apply

32I Provisions of agricultural industry services legislation of the participating jurisdiction with specific application not to apply

(1) Nothing in this Division renders a provision of the agricultural industry services legislation of the participating jurisdiction applicable in a particular place—

(a) in so far as the provision is incapable of applying in or in relation to that place, or

(b) if that legislation expressly provides that the provision does not extend to or apply in or in relation to that place, or

(c) if that legislation expressly provides that the provision applies only in a specified locality that does not include that place.

(2) A provision of the agricultural industry services legislation of the participating jurisdiction is not to be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters or things within a particular part (however described) of the area described in the regulation under section 32D in the participating jurisdiction.

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

32J

Special provisions for polls relating to extra-territorial committees

32J Special provisions for polls relating to extra-territorial committees

(1) The Minister may authorise the Electoral Commissioner or a person appointed by the Electoral Commissioner to conduct a poll of primary producers—

(a) in the area of a participating jurisdiction specified in a draft foundation regulation referred to in section 32C, and

(b) referred to in section 32C (1) (d) in the area of operations in New South Wales.

(2) In the case of a poll under section 4 (2) (b) on the question of whether a committee should be established by a foundation regulation referred to in section 32C, if the corresponding agricultural industry services legislation relating to—

(a) the method of enrolment of persons eligible to vote, or

(b) the preparation of a final roll for the poll, or

(c) whether voting in relation to the poll is compulsory, or

(d) the method of determining the outcome of the poll in the participating jurisdiction,

is inconsistent with agricultural industry services legislation of New South Wales, the corresponding agricultural industry services legislation applies to that matter in the conduct of the poll in the production area in the participating jurisdiction (except to the extent that the Minister administering that corresponding legislation otherwise determines by notice in writing to the person conducting the poll).

pt 3A, divs 1–5 (ss 32A–32J): Ins 2002 No 81, Sch 1 [3].

Part 4

Enforcement

Part 4 Enforcement

Inspector may require persons to keep records and provide information

33 Inspector may require persons to keep records and provide information

(1) An inspector, by written notice served on any person, may require the person to do either or both of the following—

(a) to provide the inspector with such information as is reasonably necessary to enable the inspector to ascertain—

(i) whether the person, or any other person with whom the person has dealings, is a primary producer of a kind for which a committee is or is to be established, and

(ii) if so, the extent of that or the other person’s activities as a primary producer of that kind,

(b) to keep records of any such information.

(2) A person on whom such a notice is served must not, without reasonable excuse, fail to provide the information, or keep the records, required by the notice.

Maximum penalty—10 penalty units.

s 33: Subst 2007 No 76, Sch 1 [6].

Powers of entry

34 Powers of entry

An inspector may enter any land within the area of operations of a committee or proposed committee for the purpose of ascertaining—

(a) whether any person is carrying out on that land any activity that indicates that the person is a primary producer for whom a committee is or is to be established, and

(b) if so, the extent of that person’s activities as a primary producer.

s 34–37: Am 2007 No 76, Sch 1 [7].

Notice of entry

35 Notice of entry

(1) Before an inspector exercises a power of entry under this Part, the inspector must give the owner or occupier of the land written notice of the inspector’s intention to enter the land.

(2) The notice must specify the day on which the inspector intends to enter the land and must be given before that day.

(3) This section does not require notice to be given if entry to the land is made with the consent of the owner or occupier of the land.

s 34–37: Am 2007 No 76, Sch 1 [7].

Use of force

36 Use of force

(1) Reasonable force may be used for the purpose of gaining entry to any land under a power conferred by this Part, but only if authorised by the Secretary in accordance with this section.

(2) The authority—

(a) must be in writing, and

(b) must be given in respect of the particular entry concerned, and

(c) must specify the circumstances that must exist before force may be used.

(3) An inspector who uses force for the purpose of gaining entry to land must promptly advise the Secretary of that fact.

s 34–37: Am 2007 No 76, Sch 1 [7].

Care to be taken

37 Care to be taken

(1) In the exercise of a power under this Part, an inspector must do as little damage as possible.

(2) Entry onto fenced land is to be made through an existing opening in the fence or, if entry through an existing opening is not practicable, through a new opening.

(3) Any new opening is to be properly closed when the need for entry ceases.

s 34–37: Am 2007 No 76, Sch 1 [7].

Compensation

38 Compensation

(1) The Secretary must pay compensation to the owner of any land in respect of which a power is exercised under this Part for any loss or damage arising from the exercise of the power.

(2) However, the Secretary is not liable to pay compensation to the extent to which the loss or damage arises from anything done for the purposes of an inspection that reveals that there has been a contravention of this Act by the owner or occupier of the land.

(3) A committee is taken to have indemnified the Secretary for any compensation payable by the Secretary under this section as a result of action taken by the Secretary at the request of the committee.

Certificates of authority

39 Certificates of authority

(1) A power of entry under this Part may not be exercised by an inspector unless the inspector—

(a) is in possession of a certificate of authority issued by the Secretary, and

(b) produces the certificate when asked to do so by the owner or occupier of the land.

(2) The certificate of authority—

(a) must state that it is issued under this Act, and

(b) must give the name of the inspector to whom it is issued, and

(c) must describe the nature of the powers conferred and the source of those powers, and

(d) must state the date (if any) on which it expires, and

(e) must describe the kind of land to which the power extends, and

(f) must bear the signature of the Secretary.

s 39: Am 2007 No 76, Sch 1 [7].

Entry to residential premises

40 Entry to residential premises

A power of entry conferred by this Part is not exercisable in relation to such part of a building as is used for residential purposes except—

(a) with the consent of the occupier of that part of the building, or

(b) under the authority conferred by a search warrant.

Search warrants

41 Search warrants

(1) An inspector may apply to an authorised officer for a search warrant if of the opinion that it is necessary for an inspector to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.

(2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant to enter and inspect land for the purposes of this Act.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant under this section in the same way as it applies to a search warrant under that Act.

(4) In this section—

authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

s 41: Am 2002 No 103, Sch 4.1 [1]–[3]; 2007 No 76, Sch 1 [7].

41A

Appointment of inspectors

41A Appointment of inspectors

(1) The Secretary may appoint any person to be an inspector for the purposes of this Act.

(2) The Secretary may, in and by the instrument of an inspector’s appointment, limit the functions that the inspector may exercise under this Act.

(3) An inspector is, to the extent to which the inspector is exercising functions as an inspector under this Act, subject to the control and direction of the Secretary.

s 41A: Ins 2007 No 76, Sch 1 [8]. Subst 2008 No 62, Sch 1.2 [2].

Part 5

Miscellaneous

Part 5 Miscellaneous

Appeals

42 Appeals

(1) A person who is aggrieved by a decision of a committee—

(a) as to the inclusion of the person’s name in, or the exclusion of the person’s name from, the committee’s register of constituents, or

(b) as to the amount of a rate levied on the person,

may appeal to the Civil and Administrative Tribunal against the committee’s decision.

Note—

An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013.

(2) Such an appeal may not be made more than 28 days after the date on which notice of the committee’s decision is served on the appellant, except by leave of the Civil and Administrative Tribunal.

(3) (Repealed)

s 42: Am 2013 No 95, Sch 8.1 [2]–[4].

42A

Territorial application of this Act

42A Territorial application of this Act

(1) This Act applies both within and outside New South Wales.

(2) This Act applies outside New South Wales to the full extent of the extra-territorial legislative power of the Parliament.

s 42A: Ins 2002 No 81, Sch 1 [4].

Act binds Crown

43 Act binds Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Recovery of unpaid money

44 Recovery of unpaid money

Any money due to a committee may be recovered by it as a debt.

Service of documents on persons

45 Service of documents on persons

(1) A document that is authorised or required by this Act or the regulations to be served on a person (other than a corporation) may be served on the person—

(a) by delivering it to the person, or

(b) by posting it to, or by leaving it with some other person who is apparently 16 years old or more and who apparently resides at, the person’s residential address, or

(c) by posting it to, or by leaving it with some other person who is apparently 16 years old or more and who apparently is employed at, the person’s business address.

(2) A document that is authorised or required by this Act or the regulations to be served on a corporation may be served on the corporation by posting it to, or by leaving it with a person who is apparently 16 years old or more and who apparently is employed at, the registered office of the corporation.

(2A) Without limiting subsection (1) or (2), a document that is authorised or required by this Act or the regulations to be served on a person may be served on the person—

(a) by email to an email address specified by the person for the service of documents of that kind, or

(b) by any other method authorised by the regulations for the service of documents of that kind.

(3) Nothing in this section limits any other law relating to the manner in which documents may be served on a person.

s 45: Am 2018 No 25, Sch 2.1 [3] [4].

Service of documents on committees

46 Service of documents on committees

(1) A document may be served on a committee by leaving it at, or by sending it by post to—

(a) the office of the committee, or

(b) if it has more than one office, any one of its offices.

(2) Nothing in this section affects the operation of any other Act or law, or of any rules of court, that authorise a document to be served on a committee in any other manner.

Annual reports by Secretary

47 Annual reports by Secretary

(1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Secretary must prepare and forward to the Minister a report of the Secretary’s work and activities under this Act.

(2) The Minister must cause each such report to be laid before both Houses of Parliament as soon as practicable after receiving the report.

(3) A report under this section need not be separately prepared but may form part of the annual reporting information prepared for the Department under the Government Sector Finance Act 2018.

s 47: Am 2018 No 70, Sch 4.4[3].

Disclosure and misuse of information

48 Disclosure and misuse of information

(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made—

(a) with the consent of the person from whom the information was obtained, or

(b) in connection with the administration or execution of this Act, or

(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or

(d) in accordance with a requirement imposed by or under some other Act, or

(e) with other lawful excuse.

Maximum penalty—50 penalty units.

(2) A person must not use, either directly or indirectly, information acquired by the person in the administration or execution of this Act, being information that is not generally known but if generally known might reasonably be expected to materially affect the market value or price of any primary product, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner, a relative of the person or any other associate of the person.

Maximum penalty—50 penalty units.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(3) (Repealed)

s 48: Am 2008 No 23, Sch 3.2; 2010 No 19, Sch 3.2 [1] [2].

Proceedings for offences

49 Proceedings for offences

Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.

s 49: Am 2001 No 121, Sch 2.6; 2007 No 94, Sch 2.

Directors and managers liable for offences committed by corporations

50 Directors and managers liable for offences committed by corporations

(1) If a corporation contravenes a provision of this Act or the regulations, each person who—

(a) is a director of the corporation, or

(b) is concerned in the management of the corporation,

is to be treated as having contravened that provision if the person knowingly authorised or permitted the contravention.

(1A) Subsection (1) does not apply in respect of a contravention of section 33 (1) or 48.

(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under the provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.

s 50: Am 2011 No 2, Sch 1.1.

Regulations

51 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following—

(a) the conduct of polls and elections for the purposes of this Act,

(b) the manner and form in which applications are to be made under section 4 for the establishment of a committee,

(c) the form and content of the register of proposed constituents to be prepared under section 4 for a poll for the establishment of a committee,

(d) the form and content of a committee’s register of constituents,

(e) the manner and form in which applications are to be made under section 14 for a special meeting of a committee’s constituents.

(2) A regulation may create offences with a maximum penalty not exceeding 20 penalty units (in the case of a corporation) and 10 penalty units (in any other case).

52

52 (Repealed)

52A

Savings, transitional and other provisions

52A Savings, transitional and other provisions

Schedule 4 has effect.

s 52A: Ins 2000 No 96, Sch 1.1 [1].

Review of Act

53 Review of Act

(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1

Membership and procedure of an agricultural industry services committee

Schedule 1 Membership and procedure of an agricultural industry services committee

(Section 7)

sch 1: Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2015 No 58, Sch 3.3 [3].

Schedule 2

Procedure for meetings of a committee’s constituents

Schedule 2 Procedure for meetings of a committee’s constituents

(Section 14)

Schedule 3

Schedule 3 (Repealed)

sch 3: Am 1998 No 120, Sch 2.2. Rep 2003 No 82, Sch 3.

Schedule 4

Savings, transitional and other provisions

Schedule 4 Savings, transitional and other provisions

(Section 52A)

sch 4: Ins 2000 No 96, Sch 1.1 [2]. Am 2002 No 81, Sch 1 [5] [6]; 2003 No 100, Sch 2 [1] [2]; 2007 No 76, Sch 1 [9] [10]; 2008 No 62, Sch 1.2 [3]; 2010 No 47, Sch 1 [1] [2].

Part 6

Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2008

Part 6 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2008

Part 7

Provisions consequent on enactment of Banana Industry Repeal Act 2010

Part 7 Provisions consequent on enactment of Banana Industry Repeal Act 2010

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Act

This Act is the Agricultural Industry Services Act 1998.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

In this Act—

agricultural industry service means any service that comprises the provision, funding or facilitation of—

(a) the conduct of research into, the development of techniques for or the provision of information or advice on—

(i) the growing, raising, producing, packaging, processing or marketing of primary products, or

(ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or

(b) the establishment or management of schemes for—

(i) the maintenance of quality control in the growing, raising, producing, packaging, processing or marketing of primary products, or

(ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or

(iii) the compensation of primary producers for losses incurred by them as a result of the damage or destruction of primary products, or

(iv) the protection or management of the natural environment by primary producers, or

(v) the purchase by, or the supply to, primary producers of goods and services for use in connection with their activities as primary producers, or

(c) such other activities as are declared by the regulations to be agricultural industry services for the purposes of this Act.

annual report means a report prepared by the Secretary on the Secretary’s work and activities under this Act, as referred to in section 47.

area of operations means—

Practical compliance for committees, constituents, and public officers requires attention to procedural timing, record-keeping, clear delegation, financial controls and training regarding information handling. Below is a checklist-style operational guide grounded directly in the Act’s provisions.

Formation and foundation regulation compliance:

Before applying to establish a committee, ensure the applicant cohort meets the "persons whose activities as primary producers are located within the proposed area of operations" requirement and prepare for a poll with high turnout thresholds: a poll is required only if the Minister directs (s 4(3)), and the regulation may not be made unless more than half of proposed constituents cast votes and a majority of votes are in favour (s 4(2)(b)). Prepare the poll question to cover all matters required by s 6 to be in the foundation regulation and consider including a proposed rate (s 4(5); s 6(1)).
Draft foundation regulations precisely to specify the class of primary producers, area of operations, commodities, agricultural services, corporate name, member numbers, electoral districts (if any), appointment procedures for appointed members, initial terms, voting entitlements for polls and elections, quorum and financial year (s 6(1)-(2)). Recognise the Minister and Premier concurrence requirements where applicable (s 4(2)(c); s 4(4)(c)).

Governance and meetings:

Maintain an up-to-date register of constituents with voting entitlements and make it available for public inspection at committee offices during ordinary business hours (s 8(1), (4)). Notify persons of inclusion/exclusion decisions (s 8(3)).
Convene at least one general meeting of constituents annually, and special meetings when requisitioned by as many constituents as would constitute a quorum (s 14(1)-(2)). Follow Schedule 2 procedure: provide 14 days’ notice for motions requiring raised questions to the chairperson (Sch 2 cl 1(2)). Keep full and accurate minutes of committee and constituent meetings (Sch 1 cl 13; Sch 2 cl 5).
Appoint a chairperson and deputy and ensure their terms are consistent with membership rules (Sch 1 cl 6). Implement procedures for deputising and appointment of deputy members (Sch 1 cl 3).

Financial planning and rate levying:

Prepare a five-year plan as soon as practicable after establishment and annually review and prepare a new five-year plan, specifying services, estimated cost and required rates, and including performance indicators if appropriate (s 15(1)-(3)). Circulate the first five-year plan to constituents within six months and convene a special meeting to consider it (s 15(4)).
Make rate resolutions within two months before the start of the financial year and ensure the resolution is supported by either a constituent meeting resolution within the previous 12 months or a proposal supported by a qualifying poll as per s 23(2). When levying rates, give notice by personal service or publication in a Minister-approved manner; indicate rate, circumstances, due dates and services funded (s 24(1)-(2)). Observe the minimum 14-day wait before any part of a rate falls due following notice (s 24(3)).
Maintain separate general and special funds (s 27) and ensure payments into and out of funds comply with s 28-29. For internal loans between funds, obtain Minister approval with repayment and interest conditions (s 30). Invest funds in accordance with GSF Act if a GSF agency, otherwise follow Trustee Act rules or get Minister/Treasurer approval (s 31).

Record-keeping, reporting and Secretary interaction:

Keep accurate financial records and prepare annual reporting information under Government Sector Finance Act requirements; send copies of the annual reporting information and current five-year plan to constituents (s 15(5)). Provide all material the Secretary requests, and accept Secretary attendance at meetings (s 16(1)(a)-(d)). Be ready to receive occasional reports and to respond to findings or recommendations (s 16(2)-(3)).
Ensure minutes and pecuniary interest disclosure books are maintained and available for inspection as required (Sch 1 cl 7(3)).

Inspector and inspection compliance:

If served with a written notice by an inspector under s 33, comply with information and record-keeping requirements unless a reasonable excuse exists; failure is an offence with a specified penalty (s 33(1)-(2)). Maintain records that enable accurate determination of whether persons fall within the class of constituents and the extent of their activities.
For land entry, be aware of notice requirements: inspectors must give written notice of intended entry specifying the day, except where consent is given or a search warrant is produced (s 35). If entry occurs, document any damage and liaise promptly with the Secretary regarding compensation if appropriate (s 36-38).
Ensure inspectors carry certificates of authority and produce them on request (s 39). If presented with a search warrant under s 41, verify its compliance with LEP Act procedures.

Information handling and confidentiality:

Implement strict protocols for information obtained in connection with the administration or execution of the Act. Unauthorized disclosure or use of information that could affect market value is an offence with a maximum penalty of 50 penalty units (s 48(1)-(2)). Provide training to members, staff, contractors and any third parties handling committee information to avoid inadvertent contraventions.

Conflict of interest and member conduct:

Require members to disclose direct or indirect pecuniary interests at meetings as soon as practicable and record particulars in the disclosure book; absent committee approval, members with disclosed interests should not participate in deliberations or decisions on the matter (Sch 1 cl 7(1)-(5)). Adopt written policies on conflict management aligned with cl 7 requirements, and ensure the disclosure book is available for inspection for a fee determined by the committee (Sch 1 cl 7(3)).

Appeals and dispute management:

Advise constituents of appeal rights: decisions on register inclusion/exclusion and rate amounts can be appealed to the Civil and Administrative Tribunal within 28 days of notice (s 42(1)-(2)). Develop internal review processes and clear communications to reduce appeals and ensure timely service of decisions to avoid time-bar issues.
Prepare for polls and elections: ensure enrolment and roll preparation comply with foundation regulations and, in cross-jurisdictional polls, with the corresponding jurisdiction’s enrolment and roll rules if inconsistent with NSW law (Part 3A; s 32J(2)). Where polls might be policed by the Electoral Commissioner, engage early to coordinate process.

Winding-up and asset management:

In the event of winding up, comply with applied Corporations Act procedures as modified by regulations (s 21(1)). Be prepared for Ministerial appointment of a liquidator and for the Minister with Treasurer concurrence to determine liquidator remuneration, payable from committee assets (s 21(2)-(3)). Maintain transparent records to facilitate fair consideration of asset disposition, including whether assets should be returned to constituents or transferred to similar organisations (s 21(5)-(6)).

Extra-territorial operation:

If engaging in cross-border arrangements, ensure necessary declarations and recognitions under Part 3A are in place before operationalising cross-border functions (ss 32B-32D). Where NSW foundation regulation seeks to operate in a participating jurisdiction, confirm that the corresponding jurisdiction has agreed to the poll (s 32C(3)) and that the instrument is declared a recognised instrument in that jurisdiction (s 32C(5)).

Regulatory compliance and review:

Monitor regulatory instruments for offences and compliance requirements made under s 51. Because regulations may create additional offences and procedural rules (such as for polls, enrolment and proxies), ensure compliance systems track both primary and secondary instruments.
Track statutory review obligations: the Minister must review the Act to assess policy objectives and appropriateness within five years of assent and table a report within 12 months after that period (s 53). Committees and stakeholders should maintain records to inform any review process.

Practical housekeeping:

Keep bank accounts in NSW for committee funds (s 28(3)).
Ensure procurement of contracted services and staff engagement comply with public sector employment exceptions and the Act’s specific provisions on members not being subject to Public Sector employment rules (Sch 1 cl 8).
Where collecting-agent arrangements are used, draft contracts specifying collection, remittance timing, set-off rules, accounting and reporting obligations to avoid disputes about whether amounts have been "taken to have been paid" to the committee (s 24(6)).

By following these compliance steps tied expressly to the Act’s sections (s 6, s 8, s 14, s 15, s 23-31, s 33-41, s 42, s 48), committees and stakeholders can reduce legal risk, secure legitimate levy collection, and preserve governance integrity within the statutory framework.