New South Wales act

Rice Marketing Act 1983

In ForceNSW

Jurisdiction

New South Wales

Act Number

176 of 1983

Collection

act

Plain English Summary

8/10 complexity

Sets the legal rules for rice marketing in NSW: how marketing boards and committees are created, changed, amalgamated or wound up by producer petition or government proclamation, and what powers a board has to buy, grade, process, market and appoint agents and authorised buyers. It affects rice growers, authorised buyers, the Rice Marketing Board and public officials. It matters because it decides who may market or export NSW rice, who enforces penalties, how transitions are handled, and which government actors hold decisive administrative powers.

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What it does

The Rice Marketing Act 1983 (NSW) establishes the legal framework for the marketing of rice and other primary products in New South Wales through statutory marketing boards and marketing committees. It is the primary legislation under which the Rice Marketing Board for the State of New South Wales (the Board) operates. The Act provides the machinery for constituting marketing boards and committees, vesting commodities in them, enabling them to set prices and control marketing, and administering the associated regulatory scheme.

The Act was substantially amended in 2005 (Act No. 97 of 2005, Schedule 1), and has been updated by subsequent amendments including changes to reflect the replacement of departmental names and tribunal structures. The Rice Marketing Board is the principal operating entity under the Act and administers the rice marketing scheme, holding statutory authority over the marketing of NSW-grown rice.

The Act is part of a network of NSW agricultural marketing legislation that historically gave marketing boards monopoly-style control over commodity marketing within defined areas. While national competition policy reforms have eroded some of these monopoly elements, the NSW rice marketing scheme retains significant regulatory features under this Act.

Main concepts

Marketing board: A statutory corporation constituted under Part 2 for a particular primary product and defined area. Boards have elected producer representatives (elected via the polling mechanism in Part 2) and nominated government members. Under section 11, boards have perpetual succession, common seal, and full corporate powers.

Current sections

Direct links to the current provisions in Rice Marketing Act 1983.

198

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Rice Marketing Act 1983.

s 1: Subst 2005 No 97, Sch 1 [1].

Commencement

2 Commencement

(1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3

3 (Repealed)

Definitions

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

area means New South Wales or an area of or locality in New South Wales.

authorised agent means a person appointed under section 50.

authorised buyer means a person appointed under section 51.

authorised person means a person appointed under section 136 for the purposes of the provision in which the expression occurs.

authority means a board or a committee.

board means a board constituted under this Act.

committee means a committee constituted under this Act.

commodity means a primary product, or a variety, grade or class of a primary product, declared to be a commodity by a proclamation in force under Part 2 or 4.

Department means Regional NSW.

futures contract means a product futures contract, a currency futures contract or a financial futures contract.

futures market means a market, exchange or other place at which futures contracts are regularly made or traded.

management audit means a management audit under Part 7.

marketing includes buying, selling, financing, collecting, cleaning, grading, packing, treating, carrying, storing, warehousing, rehandling, distributing (by wholesale or retail), delivering and promoting.

marketing board means a board constituted under this Act.

marketing committee means a committee constituted under this Act.

marketing order means a marketing order under Part 5.

primary product includes—

(a) any grain, cereal, fruit (fresh, dried or canned), vegetable, livestock, meat, hay, chaff, poultry (live or dead), honey, beeswax or other product of agriculture, grazing, poultry-farming or bee-keeping in New South Wales, and

(b) any dairy produce (including butter and cheese) and any other article prepared directly from the produce of agriculture, grazing, poultry-farming or bee-keeping in New South Wales,

but does not include wool, fresh milk, eggs or any coarse grain, or oilseed.

proclamation means a proclamation published in the Gazette.

producer, in relation to a primary product, means a person by whom or on whose behalf any of the product is actually grown or produced for sale, and, where any of the product is grown or produced pursuant to any written share-farming agreement or written partnership agreement, includes the parties to the agreement, but does not include a person engaged as an employee on wages or salary or piece-work rates.

product includes article and thing.

regulation means a regulation made under this Act.

Secretary means the Secretary of the Department.

sell means sell by wholesale or by retail, whether by cash, on terms or otherwise, and includes barter, exchange, supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send, forward or deliver for sale and cause, suffer or allow to be sold, offered or exposed for sale.

(2) In this Act, a reference to—

(a) a function includes a reference to a power, authority and duty, and

(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) In this Act, a reference, where used in relation to a board or committee, to the commodity is a reference to the commodity for which the board or committee is constituted.

(4) In this Act, a reference, where used in relation to a marketing order, to the commodity is a reference to the commodity to which the order relates.

(5) Except as prescribed, a declaration of a primary product as a commodity for the purposes of this Act shall be deemed to be limited to so much of the product as is produced within the area of the board or committee to which it relates.

(6) For the purposes of this Act, a board is associated with a product if it is, by or under this Act, authorised to exercise marketing or other functions in relation to the product.

(7) In Part 9, a reference (however expressed) to—

(a) an authorised person is, where the reference occurs in connection with a reference to a board or committee, a reference to an authorised person for the board or committee, and

(b) a commodity is, where the reference occurs in connection with an authorised person, a reference to a commodity in relation to which a board or committee is constituted (being the board or committee for which the person is an authorised person).

(8) A power conferred by this Act to declare a primary product to be a commodity includes a power to declare a variety, grade or class of a primary product to be a commodity.

(9) Notes included in this Act do not form part of this Act.

s 4: Am 1989 No 89, Sch 1; 1991 No 15, Sch 4; 1997 No 124, Sch 1 [1]; 1998 No 45, Sch 3.4 [1]; 2000 No 53, Sch 2.12 [1]; 2001 No 34, Sch 2.34 [1]; 2008 No 114, Sch 3.8 [1]; 2010 No 59, Sch 2.84 [1]; 2015 No 58, Sch 3.76 [2]; 2020 No 30, Sch 3.38.

Delegation by the Minister

5 Delegation by the Minister

(1) The Minister may, by instrument in writing, delegate to a person employed in the Public Service the exercise of such of the functions (other than this power of delegation) conferred or imposed on the Minister by or under this Act as may be specified in the instrument of delegation, and may, by a like instrument, revoke any such delegation.

(2)–(6) (Repealed)

s 5: Am 1999 No 31, Sch 1.23 [1]; 2015 No 58, Sch 3.76 [3].

Delegation by Secretary

5A Delegation by Secretary

The Secretary may, by instrument in writing, delegate to any person any of the Secretary’s functions under this Act, other than—

(a) any function of the Minister delegated to the Secretary under section 5, or

(b) this power of delegation.

s 5A: Ins 1999 No 31, Sch 1.23 [2].

Part 2

Constitution of marketing boards

Part 2 Constitution of marketing boards

Division 1

Preliminary

Division 1 Preliminary

Definitions

6 Definitions

In this Part—

election means an election under this Part.

enrolled means enrolled in the relevant roll of producers under this Part.

poll means a poll under this Part.

Division 2

Petition and poll for constitution of board

Division 2 Petition and poll for constitution of board

Petition and proclamation for poll to constitute board

7 Petition and proclamation for poll to constitute board

(1) Where the Minister—

(a) is satisfied, on representations made by petition to the Minister by producers of a primary product within an area that a substantial number of producers of that product within that area desire that a board should be constituted for that product within that area, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of that product on the question whether a board should be constituted for that product within that area.

(2) Where the Minister—

(a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for all those products within that area or those respective areas, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all those products within that area or those respective areas.

(3) Where the Minister—

(a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for such of those products within that area or those respective areas as are the subject of a successful poll, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all or some of those products within that area or those respective areas.

(4) A proclamation under this section may not be made after the commencement of section 5 of the Agricultural Industry Services Act 1998.

s 7: Am 1998 No 45, Sch 3.4 [2].

Division 3

Constitution of board

Division 3 Constitution of board

Proclamation for first election of board

8 Proclamation for first election of board

(1) If more than one-half of the enrolled producers are, at a poll referred to in section 7 (1), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of the relevant primary product to be members of the board.

(2) If more than one-half of the producers respectively enrolled for all the relevant primary products are, at a poll referred to in section 7 (2), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of all those products to be members of the board.

(3) If more than one-half of the producers respectively enrolled for all or some of the relevant primary products are, at a poll referred to in section 7 (3), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of those products to be members of the board.

(4) The number of representatives to be specified in a proclamation under this section shall be 2, 3, 4 or 5.

Electoral districts

9 Electoral districts

(1) The Governor may, by proclamation, appoint electoral districts for an election and fix the number of persons who may be elected from each such district.

(2) A person is not entitled to be a candidate for more than one electoral district at any election.

(3) The Governor may, by proclamation, vary or abolish any electoral district or vary the number of persons who may be elected from any such district.

(4) A decrease in the number of elected members for an electoral district operates as from the expiration of the term of office of the then current elected members of the board concerned.

(5) Notwithstanding subsection (4), a decrease in the number of elected members for an electoral district operates immediately, if there is, at the time the proclamation under subsection (3) takes effect, a corresponding number of vacancies in the offices of elected members for the district.

(6) Nothing in this section authorises the number of elected members of a board to be greater than the number authorised under the other provisions of this Act.

Constitution of board and declaration of commodity

10 Constitution of board and declaration of commodity

(1) After the first election of persons for appointment as members of a board, the Governor may, by proclamation—

(a) declare that section 11 applies for the purpose of constituting a board, with a specified corporate name, for a specified primary product and in relation to a specified area,

(b) specify the number of elected members and nominated members constituting the board, and

(c) declare that the product is a commodity for the purposes of this Act.

(2) The primary product and area to be specified in the proclamation shall be those for or in relation to which the poll was taken and the first election was held, and the number of elected members to be specified in the proclamation shall be that specified in the relevant proclamation under section 8 for the first election.

Constitution of board

11 Constitution of board

(1) Where a proclamation under section 10 takes effect in relation to a board, there is hereby constituted a corporation under the corporate name specified in the relevant proclamation, for the primary product so specified and in relation to the area so specified.

(2) A board shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.

(3) The members of a board shall be appointed by the Governor.

(4) A board is to consist of 3 elected members and 4 nominated members.

(5) The nominated member or members of a board shall be nominated for appointment by the Minister.

(6) A board does not, for any purpose, represent the Crown.

(7) The Governor may, by proclamation, specify the objects of a board referred to in the proclamation, and the board shall, as far as practicable, have regard to those objects in the exercise of the functions conferred or imposed on it by or under this or any other Act, but nothing in this subsection authorises or requires the board to contravene any provisions of this Act or of any other law.

(8) A board—

(a) has perpetual succession,

(b) shall have a common seal,

(c) may take proceedings, and be proceeded against, in its corporate name,

(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and

(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the board is constituted.

(9) Schedule 2 has effect with respect to the members of a board.

(10) Schedule 3 has effect with respect to the procedure of a board.

s 11: Am 1986 No 218, Sch 23 (1); 2007 No 77, Sch 1 [1].

12

12 (Repealed)

Change of name of board

13 Change of name of board

(1) The Governor may, at the request or with the consent of a board, by proclamation, change the corporate name of the board.

(2) No such change of name of a board affects any rights or obligations of the board or renders defective any legal proceedings instituted or to be instituted by or against the board, and any legal proceedings may be continued or commenced by or against the board by its new name that might have been continued or commenced by or against the board by its former name.

Board may control one or more commodities

14 Board may control one or more commodities

(1) A board may be constituted under this Act for one or more commodities.

(2) Where an election is to be held for a board constituted or to be constituted for more than one primary product, the Governor may, by proclamation, make such provision for the representation by election of the producers of each of the products on the board as the Governor deems proper.

(3) Nothing in this section authorises the respective numbers of elected members and nominated members of a board to be greater than the numbers authorised under the other provisions of this Act.

Board may employ staff

15 Board may employ staff

(1) For the purpose of enabling it to exercise its functions, a board may employ such staff and engage such consultants as it thinks fit.

(2) With the approval of the Minister and upon such terms and conditions as are agreed upon, a board may make use of the services of any person employed in the Department.

(3) With the approval of the other authority and upon such terms and conditions as are agreed upon, a board may make use of the services of any of the staff of another authority.

s 15: Am 2010 No 59, Sch 2.84 [2]; 2015 No 58, Sch 3.76 [4].

Division 4

Addition of commodity or area to control of board

Division 4 Addition of commodity or area to control of board

Operation of Division

16 Operation of Division

(1) This Division authorises—

(a) an additional primary product to be added to the control of a board,

(b) an additional area to be added to the control of a board, or

(c) an additional primary product and an additional area to be added to the control of a board.

(2) This Division does not authorise—

(a) a primary product to be so added in relation to an area if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence, or

(b) an area to be so added in relation to a primary product if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence.

Petition and proclamation for poll to add product or area to control of board

17 Petition and proclamation for poll to add product or area to control of board

Where the Minister—

(a) is satisfied—

(i) on representations made by petition to the Minister by producers of a primary product within an area, that a substantial number of the producers of that product within that area desire that that product or that area or both should be added to the control of a specified board, and

(ii) that this Division authorises the addition, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of that product within that area on the question whether that product or that area or both should be added to the control of that board.

Proclamation of addition of commodity or area

18 Proclamation of addition of commodity or area

(1) If more than one-half of the enrolled producers are, at a poll referred to in section 17, in favour of the addition of a primary product or area to the control of a specified board, the Governor may, by proclamation—

(a) declare that the specified commodity, or specified area, or specified commodity and specified area, as the case may require, is or are added to the control of the board, and

(b) so far as may be relevant, declare that the product is a commodity for the purposes of this Act.

(2) A board referred to in subsection (1) shall be deemed to have been constituted for any additional primary product and in relation to any additional area, as specified in the proclamation, in addition to the product for which and the area in relation to which it was already constituted.

(3) Nothing in this section affects the continuity of any corporation constituted under section 11.

Existing producers may also be polled

19 Existing producers may also be polled

(1) If the board referred to in section 17 so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each commodity for which the board is already constituted on the question mentioned in that section.

(2) The poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 17 on the same question.

(3) If a direction is given under this section, a declaration may not be made under section 18 unless at least one-half of the enrolled producers of each commodity for which the board is already constituted are, at the poll to be taken under this section, also in favour of the addition of the product or area to the control of the board.

(4) Where the board is already constituted for 2 or more commodities, the poll to be taken under this section shall be a single poll of the producers of all those commodities.

Division 5

Amalgamation of boards

Division 5 Amalgamation of boards

Operation of Division

20 Operation of Division

This Division authorises the amalgamation of 2 or more boards—

(a) at the request of the boards concerned, or

(b) following consideration of representations invited by the Minister.

Request for amalgamation by boards

21 Request for amalgamation by boards

(1) Two or more boards may, by instruments in writing under their respective seals, make a request to the Minister for action to be taken for the boards to be amalgamated.

(2) The Minister may refuse to consider such a request unless the request is confirmed by both or all of the boards concerned, by similar instruments, within such period as the Minister determines.

Invitation by Minister for representations on amalgamation

22 Invitation by Minister for representations on amalgamation

(1) The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether 2 or more specified boards should be amalgamated.

(2) A notice published under this section shall state the time by which and the manner in which representations are to be made.

(3) A notice may be published under this section whether or not the boards concerned have made a request under section 21, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request.

Proclamation of amalgamation

23 Proclamation of amalgamation

(1) Where the Minister—

(a) is satisfied—

(i) that a request has been made, and (if required) confirmed, in accordance with section 21 by 2 or more boards, or

(ii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with that section, and after taking into consideration all representations made in accordance with section 22 on the question whether the boards should be amalgamated, action ought to be taken in the best interests of the producers concerned for the amalgamation of the boards, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, declare that the boards are amalgamated.

(2) The proclamation declaring that boards are amalgamated shall also—

(a) declare that the individual boards are dissolved,

(b) declare that a board, with a specified corporate name, is constituted for specified primary products and in relation to specified areas,

(c) specify the number of elected members and nominated members who are to constitute the board, and

(d) declare that the products are commodities for the purposes of this Act.

(3) The primary products and areas to be specified in the proclamation shall be those for or in relation to which the dissolved boards were constituted immediately before the dissolution, and each such product shall, by the proclamation, be identified with the same area as in the previous relevant proclamations.

Consequences of amalgamation

24 Consequences of amalgamation

(1) When a proclamation under section 23 declaring that 2 or more boards are amalgamated takes effect—

(a) the individual boards declared by the proclamation to be dissolved are dissolved, and

(b) a person who, immediately before the dissolution takes effect, held office as a member of one of the dissolved boards—

(i) shall cease to hold office as such,

(ii) is eligible, if otherwise qualified, to be appointed as a member of the new board, and

(iii) is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office.

(2) A board established pursuant to a proclamation under section 23 is a continuation of, and the same legal entity as, the boards dissolved pursuant to that proclamation.

(3) Division 3 has effect as if the board declared to be constituted by a proclamation under section 23 had been declared to be constituted by a proclamation under section 10.

Interim arrangements as to elected members of amalgamated board

25 Interim arrangements as to elected members of amalgamated board

(1) Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does not, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, those members are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months.

(2) Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, such of those members as the respective boards have specified by instrument in writing under their respective seals are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months.

(3) If the number of persons specified by the boards under subsection (2) exceeds the number of vacancies to be filled, the persons to be appointed shall be such of them as the Minister nominates.

(4) If the number of persons specified by the boards under subsection (2) is less than the number of vacancies to be filled, or no persons are so specified, or any or all of the persons so specified are unavailable for appointment, the persons to be appointed shall be such (if any) of them as are available to be appointed and such other persons as the Minister nominates.

(5) Any persons appointed pursuant to this section shall be deemed to be elected members of the board concerned, and shall hold office, subject to this Act, for a term not exceeding 12 months.

(6) Subject to this section, the term of office of the members appointed pursuant to this section shall be that specified by the Governor in the relevant instrument of appointment.

(7) A person appointed as an elected member of a board pursuant to this section is eligible (if otherwise qualified) for re-appointment in accordance with the other provisions of this Act.

Division 6

Removal of commodity or area from control of board

Division 6 Removal of commodity or area from control of board

Operation of Division

26 Operation of Division

(1) This Division authorises—

(a) the removal of a commodity from the control of a board, or

(b) the removal of an area from the control of a board in relation to a commodity,

by petition of producers of the commodity.

(2) This Division does not authorise any removal referred to in subsection (1) unless the board would, after the removal, retain control of a commodity in relation to an area.

Petition and proclamation for poll for removal of commodity or area from control of board

27 Petition and proclamation for poll for removal of commodity or area from control of board

(1) Where the Minister—

(a) is satisfied—

(i) on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that the commodity should be removed from the control of the board, and

(ii) that this Division authorises the removal, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that area on the question whether that commodity should be removed from the control of the board.

(2) Where the Minister—

(a) is satisfied, on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that part of that area should be removed from the control of the board, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that part of that area on the question whether that part of that area should be removed from the control of the board.

Removal of commodity or area from control of board

28 Removal of commodity or area from control of board

(1) Where the Minister—

(a) is satisfied that more than one-half of the enrolled producers are, at a poll referred to in section 27, in favour of the removal of a commodity or part of an area from the control of a board, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct the board to wind up so much of its affairs as relates to the commodity or the part of the area, as the case may require.

(2) Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs to the extent that the direction so provides.

(3) A proclamation under subsection (1) may revoke a declaration of a primary product as a commodity for the purposes of this Act or reduce the area for which a marketing board is constituted, or both, as the case may require, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.

Other producers may also be polled

29 Other producers may also be polled

(1) If the board referred to in section 27 (1) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each other commodity for which the board is constituted on the question mentioned in that subsection.

(2) If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of the commodity within the other part of the area on the question mentioned in that subsection.

(3) If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of—

(a) the commodity within the other part of the area, and

(b) each other commodity for which the board is constituted,

on the question mentioned in that subsection.

(4) A poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 27 on the same question.

(5) If a direction is given under this section, a direction may not be given under section 28 unless at least one-half of the enrolled producers referred to in the firstmentioned direction are also in favour of the removal of the commodity or part of an area from the control of the board.

(6) The poll to be taken under subsection (1) or (3) shall be a single poll of the producers referred to in that subsection.

Division 7

Winding up and dissolution of board

Division 7 Winding up and dissolution of board

Operation of Division

30 Operation of Division

(1) This Division authorises the winding up and dissolution of a board—

(a) by petition of producers of the commodity,

(b) at the request of the board itself, or

(c) on the recommendation of the Minister.

(2) Nothing in this Division limits the operation of Part 10.

Advertisement by Minister as to time for petition

31 Advertisement by Minister as to time for petition

(1) The Minister shall cause a notice to be published in the Gazette, and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of producers of the commodity, specifying the period during which a petition for the dissolution of a board may be presented to the Minister, as referred to in section 32.

(2) A notice referred to in subsection (1) shall be published within the period of 3 months ending 3 months before the beginning of each period during which such a petition may be so presented.

s 31: Am 2018 No 25, Sch 2.30 [1].

Petition and proclamation for poll to dissolve board

32 Petition and proclamation for poll to dissolve board

(1) Where the Minister—

(a) is satisfied—

(i) on representations made by petition to the Minister by producers of the commodity for which a board is constituted, that a substantial number of the producers desire that the board should be dissolved, and

(ii) that the petition was presented to the Minister during a permitted period, as defined in subsection (3), and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within the area in respect of which the board is constituted on the question whether the board should be dissolved.

(2) The date for the taking of the poll may be the same as that fixed for an election of members of the board.

(3) In this section, permitted period means a period of 6 months commencing 12 months before the end of the term of office specified for the elected members of the board or, if different terms are specified, the later or latest of them, other than the first such period following the constitution of the board pursuant to a proclamation under section 10 or 23.

Request for dissolution by board

33 Request for dissolution by board

(1) A board may, by instrument in writing under its seal, make a request to the Minister for action to be taken for the board to be dissolved.

(2) The Minister may refuse to consider such a request unless the request is confirmed by the board, by a similar instrument, within such period as the Minister determines.

Invitation by Minister for representations on dissolution

34 Invitation by Minister for representations on dissolution

(1) The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether a particular board should be dissolved.

(2) A notice published under this section shall state the time by which and the manner in which representations are to be made.

(3) A notice may be published under this section whether or not the board concerned has made a request under section 33, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request.

Winding up and dissolution

35 Winding up and dissolution

(1) Where the Minister—

(a) is satisfied—

(i) that more than one-half of the enrolled producers are, at a poll referred to in section 32, in favour of the dissolution of a particular board,

(ii) that a request has been made, and (if required) confirmed, in accordance with section 33 by a board, or

(iii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with section 33, and after taking into consideration all representations made in accordance with section 34 on the question of the dissolution of a board, action ought to be taken in the best interests of the producers concerned for that dissolution, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct the board to wind up its affairs.

(2) Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs.

(3) Notwithstanding subsection (2)—

(a) the Governor may, by proclamation, appoint any person to be liquidator for the purpose of the winding up, and

(b) the liquidator may, for that purpose, on behalf and in the name and as the act and (where necessary) under the seal of the board, bring and defend such proceedings, and do and execute such acts, deeds and things, as may be necessary.

(4) A proclamation under subsection (3) may revoke a declaration of a primary product as a commodity for the purposes of this Act, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.

(5) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of, a liquidator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board.

(6) The members of a board may not exercise any functions as members while a person holds office as liquidator of the board.

(7) Where the Minister is of the opinion that the affairs of a board are wound up, the Governor may, by proclamation, dissolve the board, and all money and other assets of the board shall become the property of the State and shall be dealt with and disposed of as the Governor may direct.

Division 8

General provisions

Division 8 General provisions

Expiry and effect of petitions

36 Expiry and effect of petitions

(1) A petition presented to the Minister for the purposes of this Part shall be deemed not to have been presented if no action has been taken pursuant to its presentation within 12 months after the date it was presented.

(2) Nothing in this Act shall be construed as requiring a direction to be given for a poll to be taken in consequence of the presentation of a petition to the Minister for the purposes of this Part.

Certain persons deemed to be producers for the purposes of petition, poll or election

37 Certain persons deemed to be producers for the purposes of petition, poll or election

Where any primary product results from a process of manufacture or treatment of an article grown or produced by a farmer, orchardist, vegetable grower, grazier, poultry farmer, apiarist or dairyman, the grower or producer of the article shall, for the purpose of any petition, poll or election under this Part, be deemed to be a producer of the product.

Report to be published in connection with poll

38 Report to be published in connection with poll

As soon as practicable after a proclamation under this Part is published in the Gazette directing that a poll be taken, and before the day fixed for the taking of the poll, the Secretary shall cause a report relating to the proposal to which the poll relates to be published in such manner as the Secretary considers appropriate.

s 38: Am 1998 No 45, Sch 3.4 [3].

Provisions as to polls

39 Provisions as to polls

(1) The regulations may, subject to this Act, make provision for or with respect to the conduct of polls.

(2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for the poll, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the poll.

(3) A roll of producers of the primary product producing it within the relevant area shall be prepared for the poll in the prescribed manner.

(4) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the producers entitled to vote in accordance with the regulations at a poll shall be the producers having such qualifications as may be prescribed, and

(b) only those producers may vote at the poll.

(5) The regulations may make provision for or with respect to fixing or postponing the date for the taking of a poll.

(6) The regulations may provide that—

(a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers,

(b) it is compulsory for producers enrolled in the relevant roll of producers to vote at the poll,

(c) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and

(d) a representative referred to in paragraph (c) shall, for the purposes of enrolment and of the poll, be deemed to be a producer,

and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.

s 39: Am 1992 No 112, Sch 1.

Provisions as to elections

40 Provisions as to elections

(1) The regulations may, subject to this Act, make provision for or with respect to the election of persons for appointment as the elected members of a board.

(2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for an election, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the election.

(3) A roll of producers entitled to vote at an election shall be prepared for the election in the prescribed manner.

(4) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the producers entitled to vote in accordance with the regulations at an election shall be the producers having such qualifications as may be prescribed, and

(b) only those producers may vote at the election.

(5) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the persons entitled to be nominated as candidates for election as members of a board shall be persons having such qualifications as may be prescribed, and

(b) a person’s nomination is invalid if the person does not have those qualifications.

(6) The regulations may make provision for or with respect to fixing or postponing the date for an election.

(7) The regulations may provide that—

(a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers,

(b) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and

(c) a representative referred to in paragraph (b) shall, for the purposes of enrolment and of the election, be deemed to be a producer,

and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.

(8) Voting at an election is not compulsory.

(9) To the extent that there is a failure to nominate a sufficient number of persons, or to the extent that an election fails for any other reason, the Governor may appoint a person or persons nominated by the Minister to be a member or members of a board, and a person so nominated shall, on being appointed, be deemed to be a person elected in accordance with the regulations.

s 40: Am 1992 No 112, Sch 1.

Dismissal of board

41 Dismissal of board

(1) The Governor may, if of the opinion that circumstances have arisen rendering it advisable to do so, by proclamation, remove all the members of a board from office, but they or any of them are eligible (if otherwise qualified) for re-appointment.

(2) The Minister shall cause a report of, and the reasons for, the removal of the members of a board under this section to be laid before each House of Parliament within 14 sitting days of that House after the date of publication of the proclamation under subsection (1) in the Gazette.

(3) For the purposes of subsection (2), sitting days shall be counted, whether or not they occur during the same session.

Board not to be concerned in party politics

42 Board not to be concerned in party politics

(1) It shall not be lawful for any board to expend any of its funds for any purpose whatever in connection with the politics of any political party, nor shall any board become affiliated in any way whatever with any body, association or organisation having for its objects or any of its objects the support of the politics or program or aims of any political party.

(2) Without limiting section 41, if at any time the Governor is satisfied that a board has acted in contravention of any of the provisions of subsection (1), action may be taken under that section.

Appointment of administrator

43 Appointment of administrator

(1) The Governor may, by proclamation, appoint a person to be administrator of a board, where—

(a) all the members of the board have vacated their offices or have been removed from their offices, or

(b) all or any of the members of the board retain their offices and the Minister has certified to the Governor that the Minister is satisfied that it would be in the best interests of the board that an administrator be appointed.

(2) The administrator of a board appointed under this section has all the functions of the board, and any act, matter or thing done or omitted to be done by the administrator shall have the same effect as if done or omitted by the board.

(3) The Governor may, by proclamation—

(a) remove from office any person appointed as administrator under this section, and

(b) fill any vacancy in the office of administrator.

(4) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of a board by, an administrator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board.

(5) The members of a board may not exercise any functions as members while a person holds office as administrator of the board.

Part 3

Marketing of commodities: marketing boards

Part 3 Marketing of commodities: marketing boards

Functions relating to the marketing of the commodity

44 Functions relating to the marketing of the commodity

(1) A board may market or arrange for the marketing of the commodity vested in or delivered or to be delivered to it, and do all acts, matters and things necessary or expedient in that behalf accordingly.

(2) It is the duty of a board, in exercising its functions under this Act, to ensure, as far as practicable, the wholesomeness and purity of the commodity in the interests of public health.

Voluntary deliveries of the commodity

45 Voluntary deliveries of the commodity

(1) A board may arrange with a producer of the commodity produced or to be produced within the area of the board (being a part of the commodity that is not vested in the board) for the delivery of any of that commodity during such period and on such terms and conditions as the board thinks fit.

(2) A board may arrange with a producer of a primary product produced or to be produced outside the area of the board (being a product that, if produced within the area of the board, would answer the description of the commodity) for the delivery of any of the product during such period and on such terms and conditions as the board thinks fit.

(3) Any of the commodity or other primary product, in so far as that commodity or other primary product is the subject of an arrangement under this section, shall, subject to the terms of the arrangement, be deemed, for the purposes of this Act, to be part of the commodity for which the board is constituted.

(4) This section does not authorise a board to enter into an arrangement with respect to a primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee.

Board may deal in the commodity

46 Board may deal in the commodity

(1) In this section, commodity includes a primary product that, if produced in the area of the board concerned, would answer the description of the commodity.

(2) A board may purchase the commodity for the purpose of—

(a) marketing or using it, or

(b) providing the commodity for consumption within the area of the board, whether or not during periods of shortage,

and may market, use or provide the commodity accordingly.

(3) This section does not authorise a board to purchase any primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee.

Grades and wholesale prices of the commodity

47 Grades and wholesale prices of the commodity

A board may—

(a) establish grades, classes or descriptions of the commodity, and

(b) fix the price at which, and the terms and conditions of payment under which, a grade, class or description of the commodity may be sold by wholesale.

s 47: Am 1989 No 89, Sch 1.

Manufacturing and processing of the commodity

48 Manufacturing and processing of the commodity

(1) A board may, with the approval of the Minister, and subject to any conditions for the time being approved by the Minister—

(a) establish and conduct processing or manufacturing facilities for the commodity, for use by the board or by others,

(b) process any of the commodity or manufacture products from or based on the commodity, and

(c) market any of the products so processed or products so manufactured or any by-products resulting from any such processing or manufacturing.

(2) Nothing in this section operates to require approval for anything to be done under this section which may instead be done under any other provision of this Part.

Board may deal in other products etc

49 Board may deal in other products etc

(1) In this section, other primary product means any primary product other than—

(a) the commodity for which the board concerned is constituted, and

(b) any product that, if produced within the area of the board concerned, would answer the description of the commodity.

(2) A board may, with the approval of the Minister, and subject to any conditions for the time being determined by the Minister—

(a) market and otherwise deal in any other primary product,

(b) establish and conduct processing or manufacturing facilities for any other primary product, for use by the board or by others,

(c) use facilities referred to in section 48 (1) for any other primary product,

(d) process any other primary product or manufacture products from or based on any other primary product,

(e) market any of the products so processed or products so manufactured,

(f) manufacture articles or things for use in connection with marketing the commodity, any other primary product or any other product, and

(g) market any of the articles or things so manufactured.

(3) A board may not under this section deal with a primary product that is a commodity for which another board or committee is constituted, except with the consent of the other board or of the committee.

s 49: Am 1986 No 218, Sch 23 (2).

Appointment of authorised agents

50 Appointment of authorised agents

(1) A board may, by order in writing, appoint any person to be an authorised agent to act as the board’s agent for the purpose of exercising such of the board’s functions as may be specified in the order.

(1A) Subject to the regulations, an order under subsection (1) may impose on a person’s appointment as an authorised agent such conditions as the board considers appropriate.

(1B) Without limiting subsection (1A), such conditions may include conditions as to the circumstances in which, and the manner in which, the authorised agent may exercise the board’s functions.

(2) Where a board appoints an authorised agent under subsection (1) for the purpose of exercising any functions of the board, those functions may be carried out by any employee, or agent, of the authorised agent who is authorised to do so by the authorised agent.

(3) For the purposes of this Act, and if the relevant order referred to in subsection (1) so provides—

(a) an authorised agent of a board shall be deemed to deliver a portion of the commodity to the board, and

(b) the board shall be deemed to accept that portion,

in such circumstances as may be specified in the order.

(4) A board may enter into an agreement with an authorised agent of the board for retention by the authorised agent of such part of the proceeds of the sale by the authorised agent of any of the commodity or any other product as is provided for in the agreement.

s 50: Am 2005 No 97, Sch 1 [2] [3].

Appointment of authorised buyers

51 Appointment of authorised buyers

(1) A board may, by order in writing, appoint any person to be an authorised buyer.

(1A) Subject to the regulations, the manner in which an application for appointment as an authorised buyer is to be made to a board, or dealt with by a board, is to be as determined by the board.

(1B) The regulations may make provision for or with respect to the fees payable to a board by authorised buyers and by applicants for appointment as authorised buyers.

(1C) A board may refuse to appoint a person as an authorised buyer if and only if—

(a) an earlier order appointing the person as an authorised buyer has been revoked during the previous 2 years (otherwise than at the person’s request), or

(b) the board reasonably believes that the person would not comply with the conditions to which the authorised buyer would be subject if the appointment were made.

(2) An authorised buyer is, subject to and in accordance with the relevant order referred to in subsection (1), authorised to purchase, on the authorised buyer’s own account, from a producer of the commodity or any other person any of the commodity which that producer or other person is entitled to sell.

(3) Where a board appoints an authorised buyer under subsection (1) the powers conferred by subsection (2) may be exercised by any employee, or agent, of the authorised buyer who is authorised to do so by the authorised buyer.

(4) A board may enter into an agreement with an authorised buyer for payment of commission or other remuneration to the authorised buyer.

(5) An authorised buyer may also be an authorised agent.

(6) A person who applies to a board for appointment as an authorised buyer may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any decision made by the board with respect to the application.

(7) A person whose appointment as an authorised buyer is varied, suspended or revoked by a board may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the board’s decision to vary, suspend or revoke the appointment.

(8) Subsections (6) and (7) do not apply to a decision by the board to impose on a person’s appointment as an authorised buyer any condition of the kind referred to in section 51A (2).

s 51: Am 2005 No 97, Sch 1 [4]–[6]; 2013 No 95, Sch 2.133.

51A

Conditions of appointment as authorised buyer

51A Conditions of appointment as authorised buyer

(1) Subject to the regulations, an order under section 51 (1) may impose on a person’s appointment as an authorised buyer such conditions as the board considers appropriate (conditions of appointment).

(2) Without limiting subsection (1), the conditions of appointment of an authorised buyer must include a condition prohibiting, except with the board’s written approval, any sale or supply to persons outside Australia of any commodity purchased by the authorised buyer pursuant to the power conferred by section 51 (2).

(2A) An approval under subsection (2) may not authorise the sale or supply, during any period, of any commodity purchased by an authorised buyer if—

(a) another approval under that subsection authorises the sale or supply, during the same period, of the same kind of commodity purchased by some other authorised buyer, and

(b) the board has given a written undertaking to the other authorised buyer that it will not give another approval in respect of the sale or supply of that commodity during that period.

(3) A condition of appointment may not limit the period for which a person’s appointment as an authorised buyer is to have effect.

(4) A board may suspend or revoke a person’s appointment as an authorised buyer if and only if it is satisfied that the person has contravened a condition of appointment.

(5) An authorised buyer who contravenes a condition of appointment (otherwise than as referred to in subsection (6)) is guilty of an offence against this Act.

Maximum penalty—200 penalty units.

(6) An authorised buyer who sells or supplies a commodity in contravention of a condition of appointment is guilty of an offence against this Act.

Maximum penalty—2,000 penalty units.

(7) On the application of the Minister, the Supreme Court may order a person who has sold or supplied a commodity in contravention of a condition of appointment (being a commodity purchased by the person as an authorised buyer) to pay to the Minister, for payment to the Consolidated Fund, an amount equivalent to its estimate of—

(a) the proceeds of the sale of the commodity, or

(b) the value of the commodity supplied,

as the case may be.

(8) An order under subsection (7) may be made against a person whether or not the person has been prosecuted or convicted in respect of an offence under subsection (6).

s 51A: Ins 2005 No 97, Sch 1 [7]. Am 2007 No 77, Sch 1 [3].

51B

General prohibition on sale or supply of commodities outside Australia

51B General prohibition on sale or supply of commodities outside Australia

(1) A person who sells or supplies any commodity to a person outside Australia is guilty of an offence.

Maximum penalty—2,000 penalty units.

(2) This section does not apply to the sale or supply of a commodity to a person outside Australia pursuant to a written approval under section 51A (2).

(3) This section applies only in relation to the sale or supply of rice grown in New South Wales, being the commodity in respect of which the Rice Marketing Board for the State of New South Wales is constituted.

s 51B: Ins 2007 No 77, Sch 1 [4].

Board may act as marketing agent

52 Board may act as marketing agent

(1) A board may act as agent for any person (including another board) for the purpose of marketing—

(a) any of the commodity which that person is entitled to sell, or

(b) with the approval of the Minister, any other primary product which that person is entitled to sell,

whether or not it was produced within the area of the board or within New South Wales, and may do all acts, matters and things necessary or expedient in that behalf accordingly.

(2) (Repealed)

(3) Nothing in the Property and Stock Agents Act 2002 applies to or in respect of anything done by a board in pursuance of subsection (1).

(4) Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to marketing the relevant commodity or other product as if it were the principal.

(5) A board may not under this section deal with the commodity for which another board or a committee is constituted, except with the consent of the other board or the committee.

s 52: Am 2009 No 56, Sch 2.51; 2015 No 15, Sch 2.49; 2018 No 5, Sch 2.15.

Board may act as purchasing agent

53 Board may act as purchasing agent

(1) A board may, with the approval of the Minister, act as agent for any persons for the purpose of purchasing equipment, machinery, seed, fertilizer or any other article or thing for use in the production of the commodity.

(2) Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to any purchases referred to in subsection (1) as if it were the principal.

Miscellaneous functions

54 Miscellaneous functions

(1) Without limiting the generality of the foregoing provisions of this Division, a board may—

(a) make such arrangements as it deems necessary with regard to sales of the commodity or any other product with which the board is associated for export or for consignment to other countries or other parts of Australia,

(b) enter into insurance contracts relating to the commodity or any other product with which the board is associated,

(c) promote and encourage the use, sale or consumption of the commodity or any other product with which the board is associated,

(d) establish and maintain laboratories and carry out research and make investigations into matters relating to the commodity and any other product with which the board is associated (including chemical, physical, bacteriological and economic research and investigations),

(e) devise and initiate as far as may be practicable improved methods of producing, marketing and using the commodity and any other product with which the board is associated,

(f) devise and initiate as far as may be practicable means to prevent or eliminate wasteful, unnecessary or unhygienic methods, practices, costs or charges in connection with producing, marketing or using the commodity and any other product with which the board is associated,

(g) enter into agreements for the use, within New South Wales or elsewhere, of any trade mark of which it is, or is entitled to be, registered as proprietor, and

(h) publish reports, information and advice concerning the producing, marketing or use of the commodity or any other product with which the board is associated.

(2) Without limiting any other of its functions, a board may—

(a) enter into agreements with any person for or in connection with its functions, including agreements for the carrying out of works or the performance of services or the supply of goods or materials in connection with any of its functions, and

(b) enter into agreements with any person for the use of any of the equipment, machinery or facilities of the board for a purpose not itself otherwise connected with the functions of the board.

(3) Where necessary, and without limiting any other provision of this Act, a board may return, destroy or otherwise dispose of any of the commodity.

(4) Any of the functions of a board may be exercised—

(a) by the board,

(b) by any affiliate of the board, or

(c) by the board or such an affiliate, or both, in a partnership, joint venture or other association with other persons or bodies.

(5) For the purpose of exercising its functions, a board may—

(a) join in the formation of any company to be incorporated, and

(b) purchase, hold, dispose of or deal with shares in, or subscribe to the issue of shares by, any company.

(6) A board shall not do any of the things mentioned in subsection (5) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.

(7) An affiliate of a board shall not, except with the approval of the Minister, engage in any activities which the board may not engage in.

(8) If any function of a board may be exercised only with an approval under this Act, the function requires the same approval when exercised under an arrangement, or by a company, or in a partnership, joint venture or other association, as referred to in this section.

(9) A board may exercise any of its functions under this Act, whether or not the function is exercised in, or the thing in respect of which the function is exercised is in or of or produced in, the area of the board or New South Wales.

(10) In this section, affiliate, in relation to a board, means—

(a) a company in which the board has a controlling interest by virtue of its shareholding, or

(b) a company whose memorandum and articles of association provide that any or all of the directors of the company shall be persons who are, or who are nominated by, persons for the time being holding office as members of the board.

s 54: Am 1986 No 218, Sch 23 (3).

Miscellaneous provisions

55 Miscellaneous provisions

(1) This section applies to the following functions of a board—

(a) its functions in relation to the commodity or any other primary product under sections 46 and 49,

(b) its function as agent under section 52 or 53,

(c) such other of the board’s functions as may be prescribed.

(2) In so far as a board keeps accounts relating to any of its functions to which this section applies, the board shall keep separate accounts in respect of each such function.

(3) Costs, charges and expenses incurred by a board in exercising any function to which this section applies, including such share of the general overheads of the board as the board thinks fair and proper, shall be met out of any commission or other remuneration received by the board, or out of a reserve created by the board under Part 6, in connection with the function.

(4) Any mortgage, charge, lien, pledge, interest or trust given or created by or on behalf of a board in respect of, or in respect of financial accommodation obtained in connection with, any function to which this section applies, is, to the extent to which it is given or created in respect of any of the commodity vested in the board by the operation of this Act, and whether given or created before or after the commodity became so vested, null and void.

Vesting of commodity in board

56 Vesting of commodity in board

(1) Where a product has been declared a commodity and a board has been constituted in respect of the commodity, the Governor, by proclamation, may—

(a) declare—

(i) that the commodity shall forthwith, upon the date of publication of the proclamation in the Gazette or on and from a later date specified in the proclamation, or upon fulfilment of such conditions as are specified in the proclamation, be divested from the producers thereof and become absolutely vested in and be the property of the board, and

(ii) that upon any of the commodity coming into existence within a time specified in the proclamation or in any subsequent proclamation it shall become absolutely vested in and be the property of the board, and

(b) make such further provision as will enable the board effectively to obtain possession of the commodity as owner and to deal with the commodity as may be deemed necessary or convenient in order to give full effect to the objects and purposes for which the board is constituted.

(2) Upon the date of publication of the proclamation under subsection (1), or on and from the date specified in the proclamation, or upon fulfilment of the conditions specified in the proclamation, as the case may require, the commodity is absolutely vested in and is the property of the board.

(3) Subsections (1) and (2) do not apply to a commodity referred to in section 45 (3), but upon delivery of any such commodity in accordance with the relevant arrangement, the commodity is, unless the arrangement otherwise provides, absolutely vested in and is the property of the board.

(4) Any of the commodity vested in a board by the operation of subsection (2) or (3) and accepted by the board is so vested freed from all mortgages, charges, liens, pledges, interests and trusts affecting it, and the rights and interests of every person in the commodity are converted into a claim for payment for the commodity so accepted.

(5) A proclamation under this section may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by the relevant board or by any other specified person or body,

or may do any combination of those things.

Exemption by board

57 Exemption by board

(1) A board may, in such manner, in such cases and on such terms and conditions as it thinks fit or as are prescribed, exempt (either generally or in any particular case or class of cases) from the operation of section 56—

(a) such small producers of the commodity as the board thinks fit,

(b) sales of the commodity direct from producers to consumers, processors, merchants or retail vendors,

(c) such portion of the commodity as the producer may require for the producer’s own use for food for the producer’s family or livestock, or for seed, or for other prescribed purposes, and

(d) such other sales and purchases or receipts of the commodity as may be prescribed.

(2) The board’s decision as to whether any specified person, article or thing falls within the limits of any such exemption is final.

(3) The board may revoke any such exemption by notice in writing signed by the secretary or other authorised officer of the board. The notice—

(a) in the case of an exemption applying in relation to a specified producer or producers—is to be given to the producer or producers, or

(b) in any other case—is to be published in the Gazette and in such other manner as is approved by the Minister having regard to the object of bringing notices of that kind to the attention of any persons directly affected by the relevant revocations.

(4) An exemption may be granted under this section on a condition that requires payment to the board of such amounts of money as are specified or referred to in the condition.

(5) Notwithstanding subsection (1), where an exemption is granted on a condition referred to in subsection (4) and an amount of money specified or referred to in the condition has not been paid prior to the sale of the commodity—

(a) the exempted producer shall be deemed to act as agent for the board in respect of the portion of the commodity which on sale realizes an amount of money equal to that required to be paid to the board in accordance with the condition, and

(b) section 56 shall be deemed to remain operative in respect of that portion of the commodity,

until payment, or recovery under subsection (6), of the amount of money specified or referred to in the condition.

(6) So much of any amount of money realized by a producer acting as agent for the board under subsection (5) as does not exceed the amount of money owed to the board pursuant to a condition referred to in subsection (4) may be recovered by the board as a debt due in any court of competent jurisdiction.

(7) Nothing in subsection (5) affects the relationship between a producer referred to in that subsection and any person to whom the commodity concerned is sold.

(8) Without limiting subsection (1), sales of the commodity to an authorised buyer for that commodity are, by operation of this subsection, exempt from the operation of section 56.

s 57: Am 1985 No 82, Sch 1 (1); 2005 No 97, Sch 1 [8]; 2018 No 25, Sch 2.30 [2].

Avoidance of contracts for sale of commodity

58 Avoidance of contracts for sale of commodity

(1) Every contract, whether made before or after the commencement of this section, or provision in any such contract, so far as it relates to the sale of a commodity the subject of a proclamation under section 56 (1) whether or not the commodity has come into existence when the contract was made, is and shall be deemed to have been void and of no effect as from the date upon which the contract was made.

(2) Any provision in a contract, being a provision referred to in subsection (1), shall be deemed to be severable.

(3) Any transaction or contract with respect to the commodity which is the subject-matter of any contract or provision of a contract declared by this section to be void shall also be void and of no effect, and any money paid pursuant to any such contract or provision or to any such transaction shall be repayable.

(4) This section does not apply to a contract entered into by the board or a contract declared by the board to be a contract to which this section does not apply.

s 58: Am 1985 No 82, Sch 1 (2).

Remedy against board confined to claim for account

59 Remedy against board confined to claim for account

(1) Subject to this section, no proceedings at law or in equity shall be brought against a board or any person acting under its authority by any person claiming to be entitled under any bill of sale, mortgage, charge, lien (including any lien under the Liens on Crops and Wool and Stock Mortgages Act of 1898 or the Co-operatives Act 1992) or other encumbrance over, of or upon the commodity delivered to, and accepted by, the board, or claiming to be the true owner of the commodity, as against the person who delivered the commodity.

(2) Any person who, but for subsection (1), would have been entitled to bring any such proceedings may adopt the delivery of any of the commodity to a board as a delivery thereof by the person to the board, and may claim accordingly for an account of the payments due in respect thereof, and recover the amount due in any court of competent jurisdiction as a debt.

(3) Notwithstanding anything in the Liens on Crops and Wool and Stock Mortgages Act of 1898 or any other Act, or any rule of law to the contrary, any such person shall not be entitled to make any such claim for an account of the payments due in respect of the commodity, or any part of those payments, unless the person has given prior notice in writing to a board in the form and containing the particulars prescribed of the bill of sale, mortgage, charge, lien or other encumbrance, or the claim of ownership, and then only for such part of such money as has not been paid to any other person at the time of the receipt by the board of the notice.

s 59: Am 1998 No 11, Sch 6.17 [1].

Delivery of commodity

60 Delivery of commodity

(1) The commodity vested in a board by section 56 (2) shall be delivered by the producers to the board, or an authorised agent or authorised buyer, at or within such times, at such places, and in such manner as the board may by public notice or in a particular case in writing direct, or as may be prescribed by regulation.

(2) A producer who supplies, sells or delivers any of the commodity vested in the board by section 56 (2) to a person other than the board, or an authorised agent or authorised buyer, is guilty of an offence against this Act.

(3) A person—

(a) who buys or receives any of the commodity that is supplied, sold or delivered in contravention of subsection (2), or

(b) who buys by wholesale any of the commodity at a price other than the price fixed in respect of the commodity by the board,

is guilty of an offence against this Act.

(4) In proceedings for an offence under subsection (3) (a), it is a defence if it is established that the defendant did not know, and could not reasonably have been expected to have ascertained, that the commodity was supplied, sold or delivered in contravention of subsection (2).

(5) In proceedings for an offence arising under subsection (3) (b), it is a defence if it is established that the defendant did not know, and could not reasonably have been expected to have ascertained, that the price was not that fixed by the board.

(6) In the event of an inconsistency, a regulation referred to in subsection (1) prevails over a notice or direction so referred to.

Acceptance of commodity

61 Acceptance of commodity

(1) A board shall not refuse to accept from any producer any of the commodity which is vested in it by section 56 (2) and which conforms to the applicable standards of quality or grade and which is delivered to it in accordance with this Act.

(2) A board may accept from any producer any of the commodity that does not conform to the applicable standards of quality or grade, and may deal with it in such manner as it thinks appropriate.

Revesting of commodity if not accepted

62 Revesting of commodity if not accepted

Where—

(a) a board refuses, for any reason (whether lawful or unlawful), to accept any of the commodity after tender of delivery to it in accordance with this Act, or

(b) any of the commodity becomes exempted from the provisions of this Act vesting the commodity in the board,

that part of the commodity which the board refuses to accept or which is exempted shall revest in the person who would have been the owner of the commodity, but subject to all mortgages, charges, liens, pledges, interests and trusts that would have affected the commodity, if this Part had not applied to the commodity.

s 62: Am 1986 No 218, Sch 23 (4).

Duty to give notice of encumbrances

63 Duty to give notice of encumbrances

(1) Every person delivering any of the commodity to the board which is subject to any bill of sale, mortgage, charge, lien or encumbrance or in respect of which the person has entered into any contract in derogation of the person’s title to supply the commodity as the absolute owner thereof, and whether the bill of sale, mortgage, charge, lien, encumbrance or contract was made before or after the commencement of this section, shall, upon delivering the commodity to the board, give to the board a notice in writing of the bill of sale, mortgage, charge, lien, encumbrance or contract.

(2) Any person wilfully guilty of a failure to comply with the provisions of this section is guilty of an offence against this Act.

Payments

64 Payments

(1) A board shall, subject to this Act, make payments to producers of the commodity for the commodity delivered to, and accepted by, the board in accordance with this Act, at such rates and in such instalments (if any) as the board may determine.

(2) Any payment to producers for any of the commodity (not being any of the commodity that has not vested in the board) shall, in respect of any of the commodity of the same quality or grade delivered to the board during such periods as may be prescribed (or, if not prescribed, as may be determined by the board), be made, as nearly as possible, at a uniform rate, based on the proceeds of the sale of the commodity so delivered and such other matters as the board may determine (but excluding any credits or debits arising in respect of the board’s activities under sections 46, 49, 52 and 53 and such other of the board’s activities as may be prescribed).

(3) Notwithstanding subsection (2)—

(a) the board may, if it is satisfied that the circumstances warrant its doing so, make different payments for any of the commodity produced in different districts,

(b) the board may, with the approval of the Minister or in accordance with the regulations, make different payments for any of the commodity according to other factors, and

(c) the board may adjust any amount payable to a particular producer, having regard to other amounts owing to or by the producer and other factors that are, in the opinion of the board, relevant.

(4) In determining rates of payment under this section, the board may take into account, and make suitable deductions for—

(a) expenditure incurred in marketing, returning, destroying or otherwise disposing of the commodity,

(b) the costs, charges and expenses incurred by the board in the administration by the board of this Act,

(c) any reserves created by the board, and

(d) any other matters that are, in the opinion of the board, relevant or that are prescribed.

(5) Notwithstanding anything in this section, but subject to the regulations, a board may, out of the proceeds of the sale of the commodity delivered to the board during any period referred to in subsection (2), deduct amounts for the purpose of liquidating any liability incurred for any previous period or for any other purpose that is prescribed or approved by the Minister.

(6) The board’s decision as to the quality and grade of the commodity, the method of determining any adjustments to be made and the amounts thereof shall be final and conclusive.

(7) Nothing in this section requires the board to make any payments for any of the commodity that does not conform to the applicable standards of quality or grade.

(8) Where, at the end of a period referred to in subsection (2), there remains unsold any portion of the commodity delivered to the board during that period, the board may—

(a) determine an amount as being the market value of that portion as at the end of that period,

(b) make such adjustments in the accounts of the board as will result in a credit being made in respect of that period of an amount equal to that market value and a corresponding debit being made in respect of the subsequent such period, and

(c) thereafter treat that portion as having been delivered to the board in that subsequent period.

(9) The board shall not do any of the things mentioned in subsection (8) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.

Schemes for payments

65 Schemes for payments

(1) At the request of a board, the Minister may, from time to time, approve schemes proposed by the board and making provision for or with respect to the variation of the basis on which payments are to be made under section 64 in respect of any of the commodity delivered to the board.

(2) A scheme shall apply in respect of any of the commodity specified or described therein and delivered to the board during or covering a period of time that is—

(a) referred to in section 64 (2), and

(b) specified in the scheme.

(3) Where, during the period of time specified in a scheme, any of the commodity is delivered to the board, the board shall make payments under section 64 in respect of that commodity on the basis prescribed by that section as varied by or under the scheme.

(4) The Minister may—

(a) cancel or vary a scheme in accordance with a request made by the board in that behalf, or

(b) cancel a scheme without any request having been made by the board in that behalf, if the Minister gives the board at least 3 months’ notice of intention to do so.

(5) If any payments have been made in accordance with a scheme, the scheme may be cancelled only as from the commencement of a later season in respect of which no payments have been made in accordance with the scheme.

(6) A scheme, and any variations thereof under this section, shall be in writing.

(7) In this section (other than subsection (1))—

scheme means a scheme approved under subsection (1).

the board, in relation to a scheme, means the board at whose request the scheme was approved under subsection (1).

Board not liable for payments made in good faith

66 Board not liable for payments made in good faith

Where a board in good faith and without negligence has made any payment—

(a) to a producer delivering or causing to be delivered any of the commodity to the board or any person acting under its authority,

(b) to any person entitled or claiming to be entitled through such a producer, or

(c) to any person on the order of such a producer or of a person referred to in paragraph (b),

the board shall not be answerable to any person in respect of the payment for the commodity or any part thereof, or in any action or other proceedings, claim or demand whatever for damages or otherwise.

Board protected in certain cases

67 Board protected in certain cases

(1) If, before receiving notice of a claim to any payment for any of the commodity vested in a board or to the chose in action or any part thereof the subject-matter of any such payment, the board has in good faith and without negligence made that payment, in whole or in part, in accordance with the provisions of this Division, the board shall not, to the extent to which it has made that payment, incur any liability to the true owner of the commodity or chose in action or any part thereof or to any person claiming through, under or in trust for the true owner.

(2) This section does not in any way prejudice or affect any rights inter se of any parties claiming adversely to one another to be entitled whether at law or in equity to the commodity or chose in action the subject-matter or part of the subject-matter of any claim for payment.

(3) In any proceedings taken in any court by any such person in respect of any such commodity or chose in action or part, the board may plead this section as a defence to the proceedings.

67A

Definition

67A Definition

In this division—

Board means the Rice Marketing Board for the State of New South Wales.

s 67A: Ins 1997 No 125, Sch 1 [1]. Rep 2003 No 100, sec 25. Ins 2024 No 50, Sch 1[1].

67B

Exclusion of rice grown in Northern Rivers region from application of Act

67B Exclusion of rice grown in Northern Rivers region from application of Act

(1) This Act does not apply to rice cultivated and harvested in the excluded area.

(2) The area for which the Board is constituted is taken not to extend to the excluded area.

(3) The Board must wind up its affairs in relation to the excluded area.

(4) Section 60(2) does not apply to a producer of rice in the excluded area.

(5) Section 60(3) does not apply to a person who buys or receives rice from a producer of rice in the excluded area.

(6) In this section—

excluded area means the local government areas of Ballina, Byron, Clarence Valley, Kyogle, City of Lismore, Richmond Valley and Tweed.

s 67B: Ins 1998 No 23, Sch 1 [2]. Subst 2024 No 50, Sch 1[1].

67C

End of rice vesting period and dissolution of Board

67C End of rice vesting period and dissolution of Board

(1) Despite an earlier proclamation in force immediately before this section commences, all rice vests in and is the property of the Board until 30 June 2025 only.

(2) On and from 1 July 2025—

(a) rice ceases to be a primary product to which this Act applies, and

(b) the Board must take all reasonable steps to wind up its affairs before 1 July 2026.

(3) Section 35(3), (5) and (6) apply in relation to the dissolution of the Board as if a reference to a proclamation of the Governor were a reference to an order of the Minister.

(4) If the Board is not dissolved before 1 July 2026, the Minister must table a report on the dissolution in each House of Parliament within 3 months of that date.

s 67C: Ins 2024 No 50, Sch 1[1].

67D

Functions of Board

67D Functions of Board

Schedule 6 contains provisions about the functions of the Board.

s 67D: Ins 2024 No 50, Sch 1[1].

Part 4

Constitution of marketing committees

Part 4 Constitution of marketing committees

Constitution of committee and declaration of commodity

68 Constitution of committee and declaration of commodity

(1) The Governor may, by proclamation—

(a) declare that section 69 applies for the purpose of constituting a committee, with a specified corporate name, for a specified primary product and in relation to a specified area, and

(b) declare that the product is a commodity for the purposes of this Act.

(2) A proclamation under this section may be made only if—

(a) a proclamation for a poll is published under section 81, and

(b) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(c) a majority of the votes cast at the poll are in favour of the making of the marketing order to which the poll relates.

s 68: Subst 1997 No 126, Sch 1 [1].

Constitution of committee

69 Constitution of committee

(1) Where a proclamation under section 68 takes effect in relation to a committee, there is hereby constituted a corporation under the corporate name specified in the relevant proclamation, for the primary product so specified and in relation to the area so specified.

(2) A committee shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.

(3) The members of a committee shall be appointed by the Governor.

(4) A committee shall consist of the number of members specified in the relevant marketing order, and appointments shall be made in accordance with the relevant provisions of the order.

(5) The members of a committee shall, subject to the provisions of the relevant marketing order, be nominated for appointment by the Minister.

(6) A committee does not, for any purpose, represent the Crown.

(7) A committee—

(a) has perpetual succession,

(b) shall have a common seal,

(c) may take proceedings, and be proceeded against, in its corporate name,

(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and

(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the committee is constituted.

(8) Schedule 2 has effect with respect to the members of a committee.

(9) Schedule 3 has effect with respect to the procedure of a committee.

s 69: Am 1986 No 218, Sch 23 (5).

Committee may employ staff

70 Committee may employ staff

(1) For the purpose of enabling it to exercise its functions, a committee may employ such staff and engage such consultants as it thinks fit.

(2) With the approval of the Minister and upon such terms and conditions as are agreed upon, a committee may make use of the services of any person employed in the Department.

(3) With the approval of the other authority and upon such terms and conditions as are agreed upon, a committee may make use of the services of any of the staff of another authority.

s 70: Am 2010 No 59, Sch 2.84 [2]; 2015 No 58, Sch 3.76 [4].

Change of name of committee

71 Change of name of committee

(1) The Governor may, at the request or with the consent of a committee, by proclamation, change the corporate name of the committee.

(2) No such change of name of a committee affects any rights or obligations of the committee or renders defective any legal proceedings instituted or to be instituted by or against the committee, and any legal proceedings may be continued or commenced by or against the committee by its new name that might have been continued or commenced by or against the committee by its former name.

Committee may control one or more commodities

72 Committee may control one or more commodities

A committee may be constituted under this Act for one or more commodities.

Winding up and dissolution

73 Winding up and dissolution

(1) Where a marketing order ceases to have effect or is revoked, the committee to which the order relates shall proceed to wind up its affairs under the order.

(2) Notwithstanding subsection (1)—

(a) the Governor may, by proclamation, appoint any person to be liquidator for the purpose of the winding up, and

(b) the liquidator may, for that purpose, on behalf and in the name and as the act and (where necessary) under the seal of the committee, bring and defend such proceedings, and do and execute such acts, deeds and things, as may be necessary.

(3) A proclamation under subsection (2) may revoke a declaration of a primary product as a commodity for the purposes of this Act, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.

(4) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of, a liquidator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the committee.

(5) The members of a committee may not exercise any functions as members while a person holds office as liquidator of the committee.

(6) Where the Minister is of the opinion that the affairs of a committee are wound up, the Governor may, by proclamation, dissolve the committee, and all money and other assets of the committee shall become the property of the State and shall be dealt with and disposed of as the Governor may direct.

(7) A marketing order referred to in this section shall be deemed to continue in force for such period and to such extent as is necessary to enable the affairs of a committee to be wound up under this section.

(8) This section does not apply to a marketing order to which section 73A applies.

s 73: Am 1997 No 126, Sch 1 [2].

73A

Committees established under replacement marketing orders

73A Committees established under replacement marketing orders

(1) This section applies to a marketing order (the old marketing order) that is revoked by a subsequent marketing order (the new marketing order), if the new marketing order—

(a) is expressed to be made in replacement of the old marketing order, and

(b) relates to one or more of the commodities to which the old marketing order relates, and

(c) relates to the whole or part of the area to which the old marketing order relates, and

(d) declares that the committee constituted with respect to the old marketing order is to become, to the extent specified in the declaration, the committee constituted with respect to the new marketing order.

(2) On the revocation of the old marketing order, the committee constituted with respect to the old marketing order becomes, to the extent specified in the declaration referred to in subsection (1) (d), the committee with respect to the new marketing order.

(3) The regulations may make provisions of a savings or transitional nature consequent on the operation of subsection (2) in relation to a committee, including provisions with respect to the disposal of the assets, rights and liabilities of the committee that relate to—

(a) commodities to which the old marketing order relates that are not commodities to which the new marketing order relates, and

(b) parts of the area to which the old marketing order relates that are not parts of the area to which the new marketing order relates.

s 73A: Ins 1997 No 126, Sch 1 [3].

Dismissal of committee

74 Dismissal of committee

(1) The Governor may, if of the opinion that circumstances have arisen rendering it advisable to do so, by proclamation, remove all the members of a committee from office, but they or any of them are eligible (if otherwise qualified) for re-appointment.

(2) The Minister shall cause a report of, and the reasons for, the removal of the members of a committee under this section to be laid before each House of Parliament within 14 sitting days of that House after the date of publication of the proclamation under subsection (1) in the Gazette.

(3) For the purposes of subsection (2), sitting days shall be counted, whether or not they occur during the same session.

Appointment of administrator

75 Appointment of administrator

(1) The Governor may, by proclamation, appoint a person to be administrator of a committee, where—

(a) all the members of the committee have vacated their offices or have been removed from their offices, or

(b) all or any of the members of the committee retain their offices and the Minister has certified to the Governor that the Minister is satisfied that it would be in the best interests of the committee that an administrator be appointed.

(2) The administrator of a committee appointed under this section has all the functions of the committee, and any act, matter or thing done or omitted to be done by the administrator shall have the same effect as if done or omitted by the committee.

(3) The Governor may, by proclamation—

(a) remove from office any person appointed as administrator under this section, and

(b) fill any vacancy in the office of administrator.

(4) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of a committee by, an administrator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the committee.

(5) The members of a committee may not exercise any functions as members while a person holds office as administrator of the committee.

Part 5

Marketing of commodities: marketing orders

Part 5 Marketing of commodities: marketing orders

Editorial note—

For marketing orders under this Part, see the Historical notes at the end of this Act.

Definitions

76 Definitions

In this Part—

election means an election under this Part.

poll means a poll under this Part.

Petition for marketing order

77 Petition for marketing order

Where the Minister is satisfied, on representations made by petition to the Minister by producers of a primary product within an area, that a substantial number of the producers of that product within that area are in favour of a proposal that a marketing order of a specified kind should be made in respect of that product within that area, the Minister may direct that a report be published in relation to the proposal.

Report to be published in connection with proposal

78 Report to be published in connection with proposal

(1) As soon as practicable after a direction under section 77 is given in relation to a proposal referred to in the direction, the Secretary shall cause a report relating to the proposal to be published in such manner as the Secretary considers appropriate.

(2) The report shall invite representations by any persons with respect to the proposal to which the report relates, and shall state the time by which and the manner in which representations are to be made.

s 78: Am 1998 No 45, Sch 3.4 [3].

Public meeting to be held

79 Public meeting to be held

The Secretary shall arrange for and advertise a public meeting to be held in the area to which the proposal relates, for the purpose of enabling the proposal to be discussed.

s 79: Am 1998 No 45, Sch 3.4 [3].

Publication of draft marketing order

80 Publication of draft marketing order

(1) Where—

(a) a report relating to a proposal has been published under section 78,

(b) the time, as stated in the report, by which representations are to be made on the proposal has elapsed,

(c) a public meeting has been held under section 79 before the time mentioned in paragraph (b) has elapsed, and

(d) the Minister has taken into consideration all representations made with respect to the proposal in accordance with section 78,

the Minister may cause a notice to be published in the Gazette setting out the terms of a draft marketing order.

(2) The draft marketing order may be different from the order as originally proposed.

Proclamation for poll as to making of a marketing order

81 Proclamation for poll as to making of a marketing order

(1) Where the Minister certifies to the Governor that a draft marketing order has been published in accordance with section 80, the Governor may, by proclamation, direct that a poll shall be taken of the persons entitled to vote at the poll on the question whether a marketing order should be made in or to the effect of that draft marketing order.

(2) A proclamation under this section may not be made after the commencement of section 5 of the Agricultural Industry Services Act 1998.

s 81: Am 1998 No 45, Sch 3.4 [4].

Making of marketing order

82 Making of marketing order

Where—

(a) a notice setting out the terms of a draft marketing order is published in the Gazette under section 80, and

(b) a proclamation for a poll is published under section 81, and

(c) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(d) a majority of the votes cast at the poll are in favour of the making of the marketing order,

the Minister may make a marketing order in or to the effect of the draft marketing order.

s 82: Am 1997 No 126, Sch 1 [4].

Marketing order not to be made with respect to certain commodities

83 Marketing order not to be made with respect to certain commodities

A marketing order does not have effect with respect to any commodity so far as it is a commodity for which a board is constituted.

Provisions relating to marketing orders

84 Provisions relating to marketing orders

(1) A marketing order—

(a) shall take effect from the date of its publication in the Gazette or on and from a later date specified or referred to in the order, and

(b) subject to this Act, may be rescinded, revoked, amended or varied by a subsequent order from time to time as occasion requires.

(2) Judicial notice shall be taken of every marketing order and of the date of its publication in the Gazette.

(3) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of a marketing order have been complied with and performed.

(4) The rescission, revocation, amendment or alteration, whether in whole or in part, of any marketing order does not—

(a) revive anything not in force or existing at the time at which the rescission, revocation, amendment or alteration takes effect, or

(b) affect the previous operation of the order or any thing duly suffered, done or commenced under the order, or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the order, or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence against the order, or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such penalty, forfeiture or punishment may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the rescission, revocation, amendment or variation had not occurred.

s 84: Am 1995 No 99, Sch 1.

Duration of marketing orders

85 Duration of marketing orders

(1) A marketing order shall state the period, not exceeding 4 years, for which it is to be initially in force.

(2) The Minister may cause a notice to be published in the Gazette stating that a marketing order specified in the notice will remain in force for a further period (not exceeding 4 years) specified in the notice, if—

(a) a petition for a poll is presented to the Minister before the day specified in the notice, as referred to in section 86, and

(b) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(c) a majority of the votes cast at the poll are in favour of the marketing order remaining in force for the further period.

(3) The notice under subsection (2) shall be published at least 3 months before the commencement of the further period.

(4) Where—

(a) a notice is published in the Gazette under subsection (2),

(b) a petition for a poll on the question of whether the marketing order should remain in force for the further period is presented in accordance with section 86, and

(b1) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(b2) a majority of the votes cast at the poll are in favour of the marketing order remaining in force for the further period, and

(c) the results of the poll are published before the commencement of the further period,

the marketing order shall, subject to this Act, remain in force for the further period, but shall otherwise cease to have effect at the beginning of the further period.

s 85: Am 1997 No 126, Sch 1 [5] [6].

Petition and proclamation for poll as to continuance of marketing order

86 Petition and proclamation for poll as to continuance of marketing order

(1) Where the Minister—

(a) is satisfied—

(i) on representations made by petition to the Minister by producers of the commodity to which a marketing order relates, that a substantial number of the producers desire that a poll should be taken on the question whether the marketing order should remain in force for a further period, and

(ii) that the petition was presented to the Minister before the expiration of the day specified in the relevant notice under section 85, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of the persons entitled to vote at the poll on the question whether the marketing order should remain in force for the further period.

(2) As soon as practicable after a proclamation under this section is published in the Gazette directing that a poll be taken, and before the day fixed for the taking of the poll, the Secretary shall cause a report relating to the question to which the poll relates to be published in such manner as the Secretary considers appropriate.

s 86: Am 1998 No 45, Sch 3.4 [3].

Amendment etc of marketing orders

87 Amendment etc of marketing orders

The Minister may amend, vary or re-make a marketing order—

(a) to make such alterations as are necessary or convenient to make in connection with any action taken under Part 4, or

(b) to effect such alterations, not being alterations of substance, as the Minister thinks fit.

Invitation by Minister for representations on revocation of marketing order

88 Invitation by Minister for representations on revocation of marketing order

(1) The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether a particular marketing order should be revoked.

(2) A notice published under this section shall state the time by which and the manner in which representations are to be made.

(3) As soon as practicable after a notice is published under this section, the Secretary shall cause a report relating to the question to which the notice relates to be published in such manner as the Secretary considers appropriate.

s 88: Am 1998 No 45, Sch 3.4 [3].

Revocation of marketing order following representations

89 Revocation of marketing order following representations

Where the Minister is satisfied, after taking into consideration all representations made in accordance with section 88 on the question whether a particular marketing order should be revoked, that the order should be revoked, the Minister may revoke the order.

Validity of marketing orders

90 Validity of marketing orders

(1) The validity of a marketing order shall not be questioned in any legal proceedings except those commenced within 3 months after the date of its publication in the Gazette or within 3 months after the beginning of a further period referred to in section 85 for which the order is to remain in force.

(2) The validity of a marketing order shall not be questioned in any legal proceedings commenced within 3 months after the beginning of a further period referred to in subsection (1) on any ground which could have been raised in legal proceedings commenced within a previous such period of 3 months relating to the order.

(3) Nothing in subsection (1) or (2) prevents the questioning of the validity of a marketing order at any time in any legal proceedings on the ground that the order makes or contains provisions other than those which, by or under this or any other Act, it may make or contain.

(4) A court shall not declare a marketing order or any provision of a marketing order invalid unless the court is of the opinion that the failure of the order or provision to comply with this or any other Act or the regulations made under this or any other Act is substantial.

Principal contents of marketing order

91 Principal contents of marketing order

(1) A marketing order shall specify its objects, and the relevant committee shall, as far as practicable, have regard to those objects in the exercise of the functions conferred or imposed on it by or under this or any other Act, but nothing in this subsection authorises or requires the committee to contravene any provisions of this Act or of any other law.

(2) A marketing order may make provision for or with respect to—

(a) the marketing of the commodity to which the order relates, and

(b) all acts, matters and things that are necessary or expedient to be done in connection with the marketing of the commodity.

(3) Without limiting the generality of subsection (2), a marketing order may provide that—

(a) all or any of the things included in the marketing, collecting, cleaning, grading, packing, treating, transforming, carrying, storing, distributing (by wholesale or retail) or delivering of the commodity shall be done only by the committee, or its agents or employees, or only by a specified person or specified persons or a specified class of persons,

(b) all of the commodity that, during a specified period, is in the possession or comes into the possession of any person in the course, or for the purpose, of marketing, collecting, cleaning, grading, packing, treating, transforming, carrying, storing, distributing (by wholesale or retail) or delivering the commodity shall be handled and dealt with only under the instructions and with the authority of the committee, or shall be consigned or delivered only to specified persons or a specified class, or specified classes, of persons,

(c) certain classes of agreements with producers, processors and others engaged in the handling of the commodity are approved,

(d) the commodity may not be made the subject of any agreements except those that are approved as referred to in paragraph (c),

(e) any agreements referred to in paragraph (c) shall make particular provision with respect to the quality of the commodity, research and development relating to the commodity, marketing information relating to the commodity, the rate of flow of the commodity on to or through the marketing processes, the prohibition of unfair practices relating to the commodity, the prices to be paid for the commodity and other conditions of sale of the commodity, and

(f) a committee may exercise, in relation to the commodity, any specified function that may be exercised by a board in relation to a primary product for which it is or may be constituted.

(4) A marketing order may impose a penalty not exceeding 20 penalty units for any contravention thereof.

(5) A provision of a marketing order may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by the committee or by any other specified person or body,

or may do any combination of those things.

s 91: Am 1993 No 47, Sch 1.

Exemptions

92 Exemptions

(1) Without limiting anything in section 91, a marketing order may make provision for or with respect to exempting—

(a) any person or class of persons,

(b) any of the commodity or class of the commodity, or

(c) any act, matter or thing or class of acts, matters or things,

from any or all of the provisions of the order.

(2) A marketing order may provide that the committee’s decision as to whether any person, any of the commodity or any act, matter or thing is within an exemption is final.

(3) The committee may revoke any such exemption by notice in writing signed by the secretary or other authorised officer of the committee. The notice—

(a) in the case of an exemption applying in relation to a particular producer or producers—is to be given to the producer or producers, or

(b) in any other case—is to be published in the Gazette and in such other manner as is approved by the Minister having regard to the object of bringing notices of that kind to the attention of any persons directly affected by the relevant revocations.

(4) An exemption may be granted under this section on a condition that requires payment to the committee of such amounts of money as are specified or referred to in the condition.

s 92: Am 2018 No 25, Sch 2.30 [3].

Contents of marketing order relating to composition of committee

93 Contents of marketing order relating to composition of committee

A marketing order may make provision for or with respect to the composition of the relevant committee and, in particular, for or with respect to—

(a) the number of members of the committee,

(b) whether any members are to be elected and, if so, how many are to be elected and by whom, and

(c) any special qualifications that any members are required to hold.

Matters not to be dealt with in marketing order

94 Matters not to be dealt with in marketing order

A marketing order may not make provision for or with respect to—

(a) prohibiting the production of any of the commodity, or

(b) the automatic vesting or compulsory acquisition of any of the commodity in or by any person.

Operation of Division

95 Operation of Division

(1) This Division authorises—

(a) the removal of a commodity from the control of a marketing order, or

(b) the removal of an area from the control of a marketing order in relation to a commodity,

by petition of producers of the commodity.

(2) This Division does not authorise any removal referred to in subsection (1) unless the marketing order would, after the removal, continue to control a commodity in relation to an area.

Petition and proclamation for poll to remove commodity or area from control of marketing order

96 Petition and proclamation for poll to remove commodity or area from control of marketing order

(1) Where the Minister—

(a) is satisfied—

(i) on representations made by petition to the Minister by producers of a commodity for which a marketing order is in force, that a substantial number of producers within the area in respect of which the order is in force desire that the commodity should be removed from the control of the order, and

(ii) that this Division authorises the removal, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of persons entitled to vote in respect of that commodity within that area on the question whether that commodity should be removed from the control of the order.

(2) Where the Minister—

(a) is satisfied, on representations made by petition to the Minister by producers of a commodity for which a marketing order is in force, that a substantial number of the producers within the area in respect of which the order is in force desire that part of that area should be removed from the control of the order, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct that a poll shall be taken of persons entitled to vote in respect of that commodity within that part of that area on the question whether that part of that area should be removed from the control of the order.

Removal of commodity or area from control of marketing order

97 Removal of commodity or area from control of marketing order

(1) Where the Minister—

(a) is satisfied that—

(i) votes have been cast in a poll referred to in section 96 by a majority of the persons who are enrolled in the roll for the poll, and

(ii) a majority of the votes cast at the poll are in favour of the removal of a commodity or part of an area from the control of a marketing order, and

(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),

the Governor may, by proclamation, direct the relevant committee to wind up so much of its affairs as relates to the commodity or the part of the area, as the case may require.

(2) Upon a proclamation under subsection (1) taking effect, the committee shall proceed to wind up its affairs to the extent that the direction so provides.

(3) A proclamation under subsection (1) may revoke a declaration of a primary product as a commodity for the purposes of this Act or reduce the area for which a marketing order is in force, or both, as the case may require, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.

s 97: Am 1997 No 126, Sch 1 [7].

Other persons may also be polled

98 Other persons may also be polled

(1) If the committee constituted with respect to a marketing order referred to in section 96 (1) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of persons entitled to vote in respect of each other commodity for which the order is in force on the question mentioned in that subsection.

(2) If the committee constituted with respect to a marketing order referred to in section 96 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of persons entitled to vote in respect of the commodity within the other part of the area on the question mentioned in that subsection.

(3) If the committee constituted with respect to a marketing order referred to in section 96 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of persons entitled to vote in respect of—

(a) the commodity within the other part of the area, and

(b) each other commodity for which the order is in force,

on the question mentioned in that subsection.

(4) A poll to be taken under this section on a particular question shall be taken on the same day as the poll taken under section 96 on the same question.

(5) If the Governor directs that a separate poll be taken under this section, the Governor may not give a direction under section 97 unless—

(a) votes are cast in the poll by a majority of the persons who are enrolled in the relevant roll for the poll, and

(b) a majority of the votes cast at the poll are in favour of the removal of the commodity or part of an area, or both, as the case requires, from the control of the marketing order.

(6) The poll to be taken under subsection (1) or (3) shall be a single poll of the persons referred to in that subsection.

s 98: Am 1997 No 126, Sch 1 [8].

Expiry and effect of petitions

99 Expiry and effect of petitions

(1) A petition presented to the Minister for the purposes of this Part shall be deemed not to have been presented if no action has been taken pursuant to its presentation within 12 months after the date it was presented.

(2) Nothing in this Part shall be construed as requiring anything to be done in consequence of the presentation of a petition to the Minister for the purposes of this Part.

100

Certain persons deemed to be producers for the purposes of petition

100 Certain persons deemed to be producers for the purposes of petition

Where any primary product results from a process of manufacture or treatment of an article grown or produced by a farmer, orchardist, vegetable grower, grazier, poultry farmer, apiarist or dairyman, the grower or producer of the article shall, for the purpose of any petition under this Part, be deemed to be a producer of the product.

101

Provisions as to polls

101 Provisions as to polls

(1) The regulations may, subject to this Act, make provision for or with respect to the conduct of polls.

(2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for the poll, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the poll.

(3) A roll of persons entitled to vote at a poll shall be prepared for the poll in the prescribed manner.

(4) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the persons entitled to vote in accordance with the regulations at a poll shall be the persons having such qualifications as may be prescribed, and

(b) only those persons may vote at the poll.

(5) The regulations may make provision for or with respect to fixing or postponing the date for the taking of a poll.

(6) The regulations may provide that—

(a) it is compulsory for a person, or a person of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll,

(b) it is compulsory for persons enrolled in the relevant roll to vote at the poll,

(c) a person shall be deemed to be enrolled or to apply for enrolment in the relevant roll if a person of a prescribed class or description is so enrolled or so applies as the representative of the person, and

(d) a representative referred to in paragraph (c) shall, for the purposes of enrolment and of the poll, be deemed to be a person entitled to vote,

and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.

s 101: Am 1992 No 112, Sch 1.

102

Provisions as to elections

102 Provisions as to elections

(1) The regulations may, subject to this Act, make provision for or with respect to the election of persons for appointment as the elected members of a committee.

(2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for an election, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the election.

(3) A roll of persons entitled to vote at an election shall be prepared for the election in the prescribed manner.

(4) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the persons entitled to vote in accordance with the regulations at an election shall be the persons having such qualifications as may be prescribed, and

(b) only those persons may vote at the elections.

(5) Notwithstanding anything in this Part, and if the regulations so provide—

(a) the persons entitled to be nominated as candidates for election as members of a committee shall be persons having such qualifications as may be prescribed, and

(b) a person’s nomination is invalid if the person does not have those qualifications.

(6) The regulations may make provision for or with respect to fixing or postponing the date for an election.

(7) The regulations may provide that—

(a) it is compulsory for a person, or a person of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll,

(b) a person shall be deemed to be enrolled or to apply for enrolment in the relevant roll if a person of a prescribed class or description is so enrolled or so applies as the representative of the person, and

(c) a representative referred to in paragraph (b) shall, for the purposes of enrolment and of the election, be deemed to be a person entitled to vote,

and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.

(8) Voting at an election is not compulsory.

(9) To the extent that there is a failure to nominate a sufficient number of persons, or to the extent that an election fails for any other reason, the Governor may appoint a person or persons nominated by the Minister to be a member or members of a committee, and a person so nominated shall, on being so appointed, be deemed to be a person elected in accordance with the regulations.

s 102: Am 1992 No 112, Sch 1.

102A

Definitions

102A Definitions

In this Division—

NSW production area means the area constituted by the local government areas of Wentworth, Balranald and Wakool.

Victorian production area means the area in Victoria constituted by the Cities of Mildura and Swan Hill and the Shires of Mildura, Swan Hill and Kerang.

pt 5, div 6 (ss 102A–102D): Ins 1995 No 42, Sch 1 (1).

102B

Making of marketing order

102B Making of marketing order

(1) The Minister may, for the purposes of this Division, make a marketing order that deals with any or all of the following matters—

(a) the establishment of a Murray Valley Wine Grape Processing Industry Negotiating Committee, the membership of the Committee and the appointment of members,

(b) the establishment of the Committee as an interstate committee, if a similar body having similar functions has been established under Victorian legislation for the Victorian production area,

(c) if a similar body having similar functions has been established under Victorian legislation for the Victorian production area, enabling the Committee to exercise any functions conferred on it by or under the Victorian legislation,

(d) the establishment of the Committee as a committee having functions that relate solely to the NSW production area, if such a body has not been established in Victoria,

(e) enabling the Committee to recommend prices to be paid by processors or wineries to producers for wine grapes grown in the NSW production area based on analysis of the commodity outlook for the wine industry as prepared by the Committee and to fix minimum terms of payment for wine grapes grown in the NSW production area (including times for payment and interest penalties for late payments),

(f) empowering the Committee to liaise and meet with any other bodies that have similar purposes,

(g) the procedure of the Committee,

(h) the financial year of the Committee,

(i) the funding of the Committee by wine grape producers and wine grape processors or wineries and other bodies involved in the industry,

(j) any matter that may be included in the order under a provision of Divisions 2–4 except a provision referred to in section 102D (1),

(k) making provision for or with respect to all acts, matters and things that are necessary or expedient to be done in connection with any of the matters specified in paragraphs (a)–(j).

(2) The marketing order is to state the period, not exceeding 3 years, for which it is to be in force.

pt 5, div 6 (ss 102A–102D): Ins 1995 No 42, Sch 1 (1).

102C

Prohibition on making of further marketing orders

102C Prohibition on making of further marketing orders

The Minister must not make a further marketing order (whether or not for the purposes of this Division) that deals with any of the matters referred to in section 102B after the first such order has been made for the purposes of this Division.

pt 5, div 6 (ss 102A–102D): Ins 1995 No 42, Sch 1 (1).

102D

Application of other provisions to marketing orders made for the purposes of this Division

102D Application of other provisions to marketing orders made for the purposes of this Division

(1) A marketing order made for the purposes of this Division is taken to be a marketing order made under this Part. However, sections 77–82, 85, 86, 91 (2) and (3) and 93 do not apply to a marketing order made for the purposes of this Division.

(2) In the application of the other provisions of this Part to a marketing order made for the purposes of this Division—

(a) wine grapes grown in the NSW production area are taken to be a commodity, and

(b) a reference in those provisions to the relevant committee is to be read as a reference to the committee established under the marketing order.

pt 5, div 6 (ss 102A–102D): Ins 1995 No 42, Sch 1 (1).

102E

Definition of “dried prunes”

102E Definition of “dried prunes”

In this Division—

dried prunes means dried prunes produced from the following varieties of prunes only: D’Agen, Robe de Sargent, Splendour, Old French (sometimes known as Goulburn Valley), Fellemberg, Imperial, Sugar, and includes such dried prunes when packed in syrup.

pt 5, div 7 (ss 102E–102H): Ins 1997 No 124, Sch 1 [2].

102F

Contents of marketing order

102F Contents of marketing order

(1) The Minister may, for the purposes of this Division, make a marketing order that deals with any or all of the following matters—

(a) the establishment of a Dried Prunes Industry Marketing Committee and the membership of the Committee and the appointment of its members,

(b) the establishment of the Committee as a committee having functions that relate solely to dried prunes,

(c) the functions of the Committee,

(d) the procedure of the Committee,

(e) the financial year of the Committee,

(f) the funding of the Committee by persons and bodies involved in the industry,

(g) any matter in relation to dried prunes that may be included in the order under a provision of Divisions 2 and 3 except a provision referred to in section 102H (1),

(h) making provision for or with respect to all acts, matters and things that are necessary or expedient to be done in connection with any of the matters specified in paragraphs (a)–(g).

(2) Such a marketing order is to expire at the end of 31 December 1999.

(3) The Minister may, on the recommendation of the Committee, revoke the marketing order with effect from an earlier date.

pt 5, div 7 (ss 102E–102H): Ins 1997 No 124, Sch 1 [2].

102G

Prohibition on making of further marketing orders

102G Prohibition on making of further marketing orders

(1) The Minister must not make a further marketing order (whether or not for the purposes of this Division) that deals with any of the matters referred to in section 102F after the first such order has been made for the purposes of this Division, except as provided by this section.

(2) The Minister may make a further marketing order but only if the further order merely amends or revokes the first such order made for the purposes of this Division.

(3) Nothing in this section enables the Minister to extend the duration of the first marketing order made for the purposes of this Division.

pt 5, div 7 (ss 102E–102H): Ins 1997 No 124, Sch 1 [2].

102H

Application of other provisions to marketing orders made for the purposes of this Division

102H Application of other provisions to marketing orders made for the purposes of this Division

(1) A marketing order made for the purposes of this Division is taken to be a marketing order made under this Part. However, sections 77–82, 85, 86, 91 (2) and (3) and 93 do not apply to a marketing order made for the purposes of this Division.

(2) In the application of the other provisions of this Part to a marketing order made for the purposes of this Division—

(a) dried prunes are taken to be a commodity, and

(b) a reference in those provisions to the relevant committee is to be read as a reference to the committee established under the marketing order.

pt 5, div 7 (ss 102E–102H): Ins 1997 No 124, Sch 1 [2].

Part 6

Financial provisions

Part 6 Financial provisions

103

Financial accounting periods

103 Financial accounting periods

(1) The financial accounting period of each authority shall be such period as the Minister from time to time approves in respect of the authority.

(2) A reference in any other Act or instrument under any other Act to a financial year shall be read and construed as, where the reference occurs in relation to a financial year of an authority, a reference to a financial accounting period of the authority.

104

104, 105 (Repealed)

106

Charges and fees

106 Charges and fees

Where an authority supplies any service, commodity or other product, it may make, demand, levy and recover such charges and fees as may be prescribed or where no charge or fee is prescribed such charges and fees as may be fixed by it, subject to the maximum (if any) prescribed.

107

Costs incurred by Department etc on behalf of boards etc

107 Costs incurred by Department etc on behalf of boards etc

(1) A board or a committee shall, on receipt of a notice in writing signed by the Electoral Commissioner for New South Wales specifying the costs and expenses of any poll or election under this Act taken or held with respect to the board or committee or the primary product in respect of which the board or committee is or may be constituted, pay to the Electoral Commissioner an amount equal to the amount so specified.

(2) An authority shall, on receipt of a notice in writing signed by the Minister specifying the costs or expenses incurred by the Minister or the Department (other than costs and expenses referred to in subsection (1)) in respect of anything done for or in connection with the authority, pay to the Minister an amount equal to the amount so specified.

(3) Any amount required to be paid pursuant to subsection (1) or (2) shall be paid within such period as is specified in the notice or such further period as the Electoral Commissioner or the Minister, as the case may be, may allow.

(4) If there is no board or committee to which a notice may be given under subsection (1), the costs and expenses of the poll or election shall be met by the Minister from money available for the purpose.

s 107: Am 2010 No 59, Sch 2.84 [2].

108

Reserves

108 Reserves

An authority may, subject to and in accordance with any conditions for the time being determined by the Minister, create and use such reserves as it considers necessary or expedient for the purposes of this Act.

109

Retention of certain money owing by authorities

109 Retention of certain money owing by authorities

(1) The regulations may make provision for or with respect to the retention by an authority of money owing by the authority to a person or class of persons, the manner in which any money so retained shall be accounted for in the books of the authority, the purposes for which any money so retained may be used and the payment of any money so retained to or at the direction of the person to whom it is owing.

(2) Any such retention of money may be made with or without the consent of the person to whom it is owing, as provided by the regulations.

110

Financial accommodation

110 Financial accommodation

(1) For the purposes of or for purposes connected with the exercise of its functions, an authority may obtain financial accommodation—

(a) from a bank, building society or credit union, or

(b) from any institution or person approved by the Minister with the concurrence of the Treasurer, or

(c) with the approval of the Minister and with the concurrence of the Treasurer, in any other manner.

(2) Subject to this Act, a board or committee may, in connection with any such financial accommodation, give such securities as will effectually place the commodity (or, in the case of a board, any other product with which the board is associated), or any part thereof, delivered or expected to be delivered to the board or committee, or any other assets of the board or committee, under the legal or other control of the bank, building society, credit union, institution or person providing the financial accommodation.

s 110: Am 1986 No 218, Sch 23 (6); 1996 No 24, Sch 1.

111

Investment of money of authority

111 Investment of money of authority

(1) Money held by an authority may be invested—

(a) in any manner for the time being allowed by an Act for the investment of trust money,

(b) on deposit with the Treasurer,

(c) (Repealed)

(d) with the approval of the Minister and with the concurrence of the Treasurer, in any other manner.

(2) An approval or concurrence referred to in subsection (1) may be given for a particular case or for any class of cases.

s 111: Am 1996 No 24, Sch 1.

112

Futures contracts

112 Futures contracts

(1) Subject to subsection (2), a board or committee may, in relation to—

(a) a sale or proposed sale of the commodity by the board or committee, or

(b) a borrowing or raising of money by the board or committee or a proposed borrowing or raising of money by the board or committee (including a borrowing or raising of money by the board or committee by dealing with securities),

enter into and deal with contracts for hedging purposes at a futures market or at such other markets or with such other persons or institutions as may be prescribed.

(2) A board or committee shall not enter into or deal with futures contracts otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.

(3) A futures contract shall be taken to be entered into or dealt with for hedging purposes if, and only if, the contract is entered into or dealt with for the purpose of—

(a) minimising the risks of variations in the price obtainable for the commodity under a contract for the sale of the commodity that has been, or is to be, entered into by the board or committee, including risks of fluctuations in exchange rates, or

(b) minimising the risks of variations in the costs of the borrowing or raising of money by the board or committee or a proposed borrowing or raising of money, including risks of fluctuations in exchange rates.

113

Loans to members of authorities

113 Loans to members of authorities

An authority shall not, whether directly or indirectly—

(a) make a loan to a member of the authority, or

(b) give a guarantee or provide security in connection with a loan made or to be made by another person to a member of the authority.

Part 7

Public accountability

Part 7 Public accountability

123

Review of authorities by Secretary

123 Review of authorities by Secretary

It is the duty of the Secretary to keep under review the activities of the authorities and to make regular reports on their activities.

s 123: Am 1998 No 45, Sch 3.4 [3].

124

Reports by authorities

124 Reports by authorities

An authority shall, when requested to do so by the Secretary, furnish to the Secretary a report containing such kind of information relating to the activities of the authority as the Secretary requests.

s 124: Am 1998 No 45, Sch 3.4 [3].

125

125, 126 (Repealed)

127

Annual meetings of authorities

127 Annual meetings of authorities

(1) It is the duty of each authority—

(a) to convene and conduct public meetings in accordance with the regulations, at such annual or other intervals as may be prescribed or directed by the Minister, and

(b) to circulate at or before any such meeting, as prescribed or directed by the Minister, such reports as may be prescribed or directed by the Minister.

(2) An authority’s annual meeting must be held within 6 months after the end of its financial accounting period or within such further period as may be directed by the Minister.

(3) At least 21 days’ notice shall be given, in accordance with the regulations, of an annual meeting of an authority.

s 127: Am 1986 No 218, Sch 23 (7); 2007 No 77, Sch 1 [5].

128

Management audits

128 Management audits

(1) The Secretary shall, as approved or directed by the Minister, conduct management audits for the purpose of examining the activities of authorities and assessing the extent to which any such activities are being carried on in an efficient, economical and proper manner.

(2) A management audit may, if the Minister so approves or directs, be conducted in relation to—

(a) the activities of one authority only,

(b) a part only of the activities of one authority, or

(c) the activities of more than one authority in related matters.

(3) Except in so far as the Minister otherwise approves or directs—

(a) the Secretary shall consult with the authority concerned before commencing to conduct the management audit,

(b) the Secretary shall afford the authority an opportunity to nominate such number of members of the staff of the authority to participate in the conduct of the management audit as the Secretary determines, and

(c) any members of the staff of the authority so nominated may participate in the conduct of the management audit.

(4) Any of the functions of the Secretary under this section may be exercised by—

(a) the Secretary personally,

(b) other persons employed in the Department approved for the purpose by the Secretary with the concurrence of the Minister, or

(c) consultants employed for the purpose with the concurrence of the Minister.

s 128: Am 1998 No 45, Sch 3.4 [3] [6] (am 1998 No 120, Sch 2.2); 2015 No 58, Sch 3.76 [5].

129

Powers of Secretary etc at management audit

129 Powers of Secretary etc at management audit

(1) The Secretary, or any person approved or employed as referred to in section 128 (4), may—

(a) enter the premises of any authority,

(b) require the production of and examine any documents in the custody of any member of any authority or any member of the staff of any authority, and

(c) require any such member to answer questions,

in connection with and for the purposes of a management audit.

(2) A person shall not—

(a) delay, obstruct, hinder or impede a person in the exercise of any functions under this section,

(b) fail or refuse to comply with a requirement under this section, or

(c) provide in answer to a question under this section, any information that is false or misleading in a material particular.

ss 129–131: Am 1998 No 45, Sch 3.4 [3].

130

Reports of management audits

130 Reports of management audits

The Secretary shall, as soon as practicable, prepare a report on the conduct and findings, and any recommendations, of a management audit.

ss 129–131: Am 1998 No 45, Sch 3.4 [3].

131

Reports to be furnished

131 Reports to be furnished

(1) The Secretary shall furnish the Minister with a copy of each report under sections 123 and 130.

(2) The Minister shall furnish a copy of any such report to the authority concerned, unless the Minister is satisfied that there are sufficient reasons for not doing so.

ss 129–131: Am 1998 No 45, Sch 3.4 [3].

131A

Annual reports by Secretary

131A 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—

(a) the Secretary’s work and activities under this Act, and

(b) the activities of the authorities, and

(c) the operation and effect of any marketing orders, and

(d) such other matters or things as the Secretary thinks appropriate or as the Minister directs the Secretary to report on.

(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 131A: Ins 1999 No 31, Sch 1.23 [3]. Am 2018 No 70, Sch 4.90.

Part 8

Statistics, marketing information and promotion

Part 8 Statistics, marketing information and promotion

More sections below

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 Rice Marketing Act 1983.

s 1: Subst 2005 No 97, Sch 1 [1].

2 Commencement

(1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3

3 (Repealed)

3

s 3: Rep 1984 No 153, Sch 16.

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

area means New South Wales or an area of or locality in New South Wales.

authorised agent means a person appointed under section 50.

authorised buyer means a person appointed under section 51.

authorised person means a person appointed under section 136 for the purposes of the provision in which the expression occurs.

authority means a board or a committee.

board means a board constituted under this Act.

committee means a committee constituted under this Act.

commodity means a primary product, or a variety, grade or class of a primary product, declared to be a commodity by a proclamation in force under Part 2 or 4.

Department means Regional NSW.

futures contract means a product futures contract, a currency futures contract or a financial futures contract.

futures market means a market, exchange or other place at which futures contracts are regularly made or traded.

management audit means a management audit under Part 7.

marketing includes buying, selling, financing, collecting, cleaning, grading, packing, treating, carrying, storing, warehousing, rehandling, distributing (by wholesale or retail), delivering and promoting.

marketing board means a board constituted under this Act.