4Definitions

#### 4 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.