91Principal contents of marketing order

#### 91 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.