50Assistance to horticulture produce assessors

50 Assistance to horticulture produce assessors

(1) If a horticulture produce assessor is appointed under clause 49, a party to the agreement must comply with a reasonable request made to the party by the assessor for the purposes of: (a) investigating the matter referred to in the appointment; and (b) preparing the assessor’s report.

Civil penalty: 300 penalty units.

(2) Without limiting subclause (1), if requested, a trader must permit the horticulture produce assessor to inspect: (a) any horticulture produce supplied by the grower under the agreement that is in the possession of the trader; and (b) for a trader trading as an agent—the financial and other records of the agent that relate to the grower, or horticulture produce sold by the agent on behalf of the grower; and (c) for a trader trading as a merchant—the merchant’s records that relate to the merchant’s trade in the grower’s horticulture produce up to the day on which the ownership of the produce passed from the grower. (3) The records that the assessor may inspect under this clause are those records that relate to a period of up to 12 months preceding the date of the assessor’s appointment.