4Establishment of new agricultural industry services committees

4 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.