3Application

3 Application

(1) Subject to this regulation, the Horticulture Code of Conduct (the code) set out in the Schedule applies to traders and growers on and after the commencement day. (2) The code does not apply to traders and growers trading under a statutory potato marketing scheme. (3) Without limiting subregulation (1), the code applies to: (a) an agent who sells horticulture produce on behalf of a grower to a person on and after the commencement day in respect of that sale; and (b) a merchant who purchases horticulture produce from a grower on and after the commencement day in respect of that purchase; and (c) a grower who sells horticulture produce to an agent or merchant on and after the commencement day in respect of that sale. (4) If, on the commencement day: (a) a trader and a grower have a written agreement covering trade in horticulture produce between the trader and the grower; and (b) the agreement was entered into before the day these Regulations are registered on the Federal Register of Legislative Instruments; the code does not apply to trade in horticulture produce covered by that agreement unless the agreement is varied on or after the commencement day.

Note: The Federal Register of Legislative Instruments became the Federal Register of Legislation established under the Legislation Act 2003.

(5) If an agreement is varied as mentioned in subregulation (4), the code applies to trade in horticulture produce between the trader and the grower under that agreement that occurs after the day the agreement is varied. (6) In this regulation:

agent means a person who sells horticulture produce on behalf of a grower to a person for a commission or fee.

commencement day means the day these Regulations commence.

grower means a person who grows his or her own horticulture produce for sale.

horticulture produce means unprocessed:

(a) fruits; and
(b) vegetables, including mushrooms and other edible fungi; and
(c) nuts; and
(d) herbs; and
(e) other edible plants;

but does not include nursery products.

merchant means a person who purchases horticulture produce from a grower for the purpose of resale of that horticulture produce, but does not include:

(a) a person who purchases the produce for export by that person; or
(b) a person who purchases the produce for retail sale by that person.

nursery products includes:

(a) trees, shrubs, plants, seeds, bulbs, corns and tubers (other than edible tubers); and
(b) propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage; and
(c) cut flowers and foliage.