51AConditions of appointment as authorised buyer

#### 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 \[3\].