42Assistance to horticulture produce assessors

42 Assistance to horticulture produce assessors

(1) If a horticulture produce assessor is appointed under clause 41, each of the parties to the agreement must comply with a reasonable request made by the assessor for the purposes of: (a) investigating the matter referred to in the appointment; and (b) preparing the assessor’s report. (2) Without limiting subclause (1), if requested, a trader must permit the horticulture produce assessor to inspect: (a) any horticulture produce supplied by the grower under the agreement that is in the possession of the trader; and (b) for a trader trading as an agent, the financial and other records of the agent that relate to the grower, or horticulture produce sold by the agent on behalf of the grower; and (c) for a trader trading as a merchant, the merchant’s records that relate to the merchant’s trade in the grower’s horticulture produce up to the point at which ownership of the produce passed from the grower. (3) The records that the assessor may inspect under this clause are those records that: (a) relate to the period of up to 12 months preceding the date of the assessor’s appointment; and (b) deal with trade occurring on or after the commencement day. (4) In this clause:

commencement day means the day the Trade Practices (Horticulture Code of Conduct) Regulations 2006 commences.