163Regulations

#### 163 Regulations 163 Regulations > > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. > > > (2) Without limiting subsection (1), the regulations may make provision for or with respect to— > > > > > (a) any of the functions conferred or imposed on the Minister, the Secretary or a committee, > > > > > (b) the business, proceedings and meetings of a board or a committee, > > > > > (c) the signing of documents relating to a board or a committee, > > > > > (d) the custody and use of the common seal of a board or a committee, > > > > > (e) prescribing forms of returns and of statistics to be made and furnished in accordance with this Act and the contents thereof, and the persons (whether producers or not) by whom they shall be made, and the time and mode of making and furnishing them, and > > > > > (f) the certificates and other forms which are to be or may be used for the purposes of this Act. > > > (3) Without limiting subsection (1), the regulations may make provision for or with respect to— > > > > > (a) any of the functions conferred or imposed on a board, > > > > > (b) the making and keeping of records by persons (whether producers or not), the inspection of those records and the production of those records in any legal proceedings, > > > > > (c) authorising a board or committee in any sale or agreement for sale of the commodity by the board or committee to any person to insert conditions and to fix a sum by way of liquidated damages for any breach of conditions (which damages shall be recoverable accordingly), > > > > > (d) ascertaining whether a commodity is of the required quality or grade and prescribing a standard therefor, and providing for an increase or decrease in the price otherwise payable to any producer or other person for any of the commodity delivered by the producer or any other person to a board or committee according to the quality or grade of the commodity, > > > > > (e) ascertaining whether a commodity is of the required quality or grade and prescribing a standard therefor so as to ensure that the commodity, whether it is or has, at any time, been vested in a board and whether produced in New South Wales or elsewhere shall comply with prescribed standards of quality and grade when sold by wholesale or retail in New South Wales, > > > > > (f) regulating within the area controlled by a board or committee— > > > > > > > (i) the collecting, cleaning, grading, packing, treating, carrying, storing, marketing, branding, distributing, supplying, selling and exporting by the board or committee or any other person, and > > > > > > > (ii) the delivery by or to the board or committee or by or to any other person, > > > > > > of any of the commodity, whether it was produced within the area controlled by the board or committee or not, whether the commodity was produced within New South Wales or elsewhere and whether the commodity is or was at any time owned by the board or committee or not, > > > > > (g) prescribing periods of time in respect of which the computation of or accounting for the net proceeds of a commodity for which a board or committee is constituted, > > > > > (h) the control and management and expenditure of the funds of an authority, > > > > > (i) requiring the producers of a commodity produced within the area controlled by a board or committee, and authorised agents and authorised buyers for a board, to register and re-register with the board or committee at the prescribed times their names and such other particulars as may be prescribed, and requiring a producer on ceasing to produce the commodity to notify the board or committee thereof, > > > > > (j) requiring such classes or descriptions of persons who buy or sell, as principal or agent, any of the commodity to register and re-register with a board or committee at the prescribed times their names and such other particulars as may be prescribed, and requiring any such person on ceasing to act as such a principal or agent to notify the board or committee thereof, > > > > > (k) the publication of any particulars registered or notified as referred to in paragraph (i) or (j), > > > > > (l) regulating within the area of a board the marketing, branding or stamping, storing or cold storing by any person of any of the commodity for the time being within the area of the board, whether the commodity was produced within the area of the board or not, whether the commodity was produced in New South Wales or not, and whether the commodity is or was at any time owned by the board or not, > > > > > (m) the duties of care or precaution to be taken and methods to be used by a board or committee or any other person in the display, within the area of the board or committee, of any of the commodity for sale or in storage, treatment or custody of any of the commodity held or offered for sale, whether in any of those cases the commodity was produced within the area of the board or committee or elsewhere, whether the commodity was produced in New South Wales or elsewhere, and whether the commodity is or was at any time owned by the board or committee or not, and > > > > > (n) establishing grades, classes or descriptions of any commodity. > > > (4) A regulation may impose a penalty not exceeding 10 penalty units and, in the case of a continuing offence, an additional penalty not exceeding 1 penalty unit for each day during which the offence continues, for non-compliance with or contravention of any regulation. > > > (5) A provision of a regulation 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 any specified person or body, > > > > or may do any combination of those things. > > > (6) Where the Minister is of the opinion that a proposed regulation relates to any of the matters in respect of which subsection (3) or section 109 relates and would, when made, apply with respect to a board or the commodity for which a board is constituted, the regulation may be made only on the recommendation of the board. > > **s 163:** Am 1988 No 20, Sch 12 (3); 1993 No 47, Sch 1; 1998 No 45, Sch 3.4 \[3\]; 2000 No 53, Sch 2.12 \[3\].