57Exemption by board

#### 57 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 \[2\].