Competition and Consumer (Industry Codes—Horticulture) Regulations 2017
17Additional matters to be specified by agents
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17 Additional matters to be specified by agents
If a trader is trading under a horticulture produce agreement as an agent, the agreement must also specify: (a) the period within which the agent will pay to the grower the proceeds of a sale of the grower’s horticulture produce by the agent for the purposes of subclause 26(2); and (b) whether payment by the grower of any commissions, fees and extra costs is contingent on the sale of the horticulture produce or any other event or kind of event; and (c) if the agreement permits the charging of commission and agent’s fees: (i) whether the commission or the fees are charged on a percentage basis, fixed basis or any other basis; and (ii) the amounts or rates of the commissions, fees and extra costs; and (d) whether the agent will pursue payment for bad debts of the grower arising under the agreement; and (e) whether the grower will have a role in pursuing payment for bad debts mentioned in paragraph (d) and, if so, the terms applying to the pursuing of the payment.