Agricultural Industry Development (Further Amendment) Act 2002 (Vic)

No judgment structure available for this case.

Agricultural Industry Development (Further

Amendment) Act 2002

Act No. 42/2002

TABLE OF PROVISIONS

Section Page

1. Purposes 1
2. Commencement 2
3. Principal Act 3
4. Purposes 3
5. Definitions 4
6. New sections 3A and 3B inserted 5

3A. Territorial application of this Act 5
3B. Act binds the Crown 5

7. Disallowance of Ministerial Orders 5
8. Restriction of powers of authorised officers 5
9. Requirements for Committees 6
10. New Division 3 inserted in Part 2 6
Division 3—Orders enabling extra-Territorial Effect 6

19A. Declaration of participating jurisdictions and

corresponding legislation 6
19B. Making of Orders to have extra-territorial operation

outside Victoria 7
19C. Declaration of recognised instruments to allow
interstate legislation to have extra-territorial effect

in Victoria 9
19D. Disallowance of Orders providing for extra-territorial

operation 10

11. Authorised officers 11
12. Limited powers of entry 11
13. Powers of authorised officers 11

51A. Search warrants 11
51B. Announcement before entry 13
51C. Details of warrant to be given to occupier 13
14. Transfer of assets and liabilities to bodies in participating

jurisdictions on winding up and dissolution 14

i

Section Page

15. New Part 4 inserted 14
PART 4—COMMITTEES WITH EXTRA-TERRITORIAL
APPLICATION 14
Division 1—Preliminary 14
55. Laws associated with agricultural industry

development legislation 14

Division 2—Area Transferred to Control of Victoria with

respect to Specified Commodity 16
56. Application of Victorian agricultural industry
development legislation and associated laws in area

outside Victoria 16
57. Conferral of functions etc. and jurisdiction on

Victoria 16

Division 3—Area Transferred to the Control of
Participating Jurisdiction with respect to Specified

Commodity 17

57A.

Application of participating jurisdiction's agricultural industry development legislation and associated laws in Victoria

17
57B. Conferral of functions, powers and jurisdiction on
participating jurisdiction 18

57C.

Provisions of agricultural industry development legislation of the participating jurisdiction with specific application not to apply

19

16. New section 58A inserted 20

58A. Offences relating to polls 20

17. New section 58B inserted 20

58B. Special provisions for polls relating to extra-territorial

committees 20

18. Murray Valley Citrus Marketing Board 22
19. New section 64 inserted 22

64. Poll of Murray Valley citrus producers 22

20. Repeal of Murray Valley Citrus Marketing Act 1989 23
21. New Part 8 inserted 23
PART 8—TRANSITIONALS 23

65. Definitions 23
66. Transitional 24
67. Special powers of new Committee 25
68. Duties of approved receivers 26

═══════════════

ENDNOTES 27

ii

Victoria

No. 42 of 2002

Agricultural Industry Development

(Further Amendment) Act 2002†

[Assented to 15 October 2002]

The Parliament of Victoria enacts as follows:
1. Purposes

The main purposes of this Act are to—

(a)
amend the Agricultural Industry for—
(i) committees established under that Act or the corresponding Act of New South Wales or another State or internal Territory to represent the interests of

Agricultural Industry Development (Further Amendment) Act
2002

s. 2	Act No. 42/2002
producers of agricultural commodities in Victoria and elsewhere; and

(ii) the law of Victoria or the State or Territory under which the Committee is established and the associated laws of Victoria or that State or Territory to apply outside Victoria or that State or Territory in place of the law that would otherwise apply;

(b)

repeal the Murray Valley Citrus Marketing Act 1989.
2. Commencement
(1) Section 1, this section and sections 3, 8, 9, 11, 12, 13, 16 and 18 come into operation on the day after the day on which this Act receives the Royal
Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act, other than sections 20

and 21, does not come into operation on or before
1 July 2003, it comes into operation on that day.

(4) If sections 20 and 21 do not come into operation

on or before 1 July 2004, those sections come into
operation on that day.

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 3
3. Principal Act

See:

In this Act, the Agricultural Industry Act No.
Development Act 1990 is called the Principal 48/1990.
Reprint No. 2
Act. as at
11 March

1999 and amending

Act Nos 76/2000,
11/2001 and
44/2001.

Law Today:
dpc.vic.
gov.au
4. Purposes
After section 1(a) of the Principal Act insert—
"(b) to provide for Committees established by or

under this Act to perform functions and
exercise powers in relation to agricultural
commodities grown or produced outside
Victoria;

(c)

to provide for Committees or other persons or bodies established under the corresponding legislation of New South Wales or another State or internal Territory to perform their functions and exercise their powers with respect to agricultural commodities grown or produced in certain areas of Victoria;

(d)

to provide for the law of Victoria or the State or Territory under which the Committee, person or body is established and certain associated laws of Victoria or that State or Territory to apply outside Victoria or that State or Territory in place of the laws that would otherwise apply.".

Agricultural Industry Development (Further Amendment) Act
2002

s. 5	Act No. 42/2002

5. Definitions
In section 3 of the Principal Act, insert the
following definitions—
' "agricultural industry development
legislation" means the agricultural industry
development legislation of Victoria or the
corresponding agricultural industry
development legislation of New South Wales
or another State or internal Territory;

"agricultural industry development legislation

of Victoria" means this Act and the
regulations and Orders made under this Act;

"associated laws" has the meaning given in
section 55;

"corresponding agricultural industry

development legislation" means the
provisions of an Act or an Order, regulation
or other instrument under an Act of a
participating jurisdiction in respect of which
a declaration by the Governor in Council
under section 19A is in force;

"law" includes unwritten law;
"participating jurisdiction" means—
(a) New South Wales; or

(b) another State or internal Territory in respect of which a declaration by the Governor in Council under section 19A
is in force;

"recognised instrument" means an Order,
regulation or other instrument made under an corresponding with this Act in respect of which a declaration by the Governor in Council under section 19C is in force;'.

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 6
6. New sections 3A and 3B inserted
After section 3 of the Principal Act insert—

"3A. Territorial application of this Act

(1) This Act applies both within and outside
Victoria.
(2) This Act applies outside Victoria to the full

extent of the extraterritorial legislative power
of the Parliament.

3B. Act binds the Crown

(1) This Act binds the Crown in right of Victoria
and, so far as the legislative power of the capacities.
(2) Nothing in this Act makes the Crown in any

of its capacities liable to be prosecuted for an
offence.".

7. Disallowance of Ministerial Orders
In section 8(4) of the Principal Act for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate
Legislation Act 1994".

8. Restriction of powers of authorised officers
At the end of section 18 of the Principal Act insert—
"(2) Without limiting section 19, an Order may provide that an authorised officer may only exercise powers relating to the entry and
search of premises that are specified in the
Order.

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2002

s. 9	Act No. 42/2002

(3) Despite sub-section (1), if an Order
empowering an authorised officer to enter
and search premises restricts those powers of
search and entry, an authorised officer's
powers of search and entry under sub-section
(1) and sections 51 and 51A are restricted in
accordance with that Order.".
9. Requirements for Committees
(1) Section 19(1)(d) of the Principal Act is repealed.
(2) In section 42 of the Principal Act—

(a) in sub-section (2) for "a general meeting" substitute "an annual general meeting required by sub-section (1)";
(b) in sub-section (3) for "a general" substitute "the annual general";
(c) in sub-section (3) for paragraph (b) substitute—
"(b) its latest plan of operations.".

10. New Division 3 inserted in Part 2
After section 19 of the Principal Act insert—
"Division 3—Orders enabling extra-Territorial
Effect

19A. Declaration of participating jurisdictions and corresponding legislation
The Governor in Council, on the
recommendation of the Minister, by Order in
Council published in the Government
Gazette, may—

(a)
declare another State or internal jurisdiction for the purposes of this Act;

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 10

(b)
or other instrument of a participating
jurisdiction relating to agricultural
industry development to be
corresponding agricultural industry
declare an Act or an Order, regulation purposes of this Act.

19B. Making of Orders to have extra-territorial operation outside Victoria
(1) The Minister may make an Order under
section 8 that provides for this Act and the
Order to apply—

(a) in Victoria or in a production area in Victoria that is specified in the Order; and
(b) in an area of a participating jurisdiction that is specified in the Order; and
(c) to and in relation to the relevant commodity specified in the Order that is grown or produced in Victoria and in a participating jurisdiction that is specified in the Order; and
(d) to and in relation to the producers of the relevant commodity in Victoria and in a participating jurisdiction.
(2) This Part and Part 5 apply to the making of an Order referred to in sub-section (1) with the following modifications—

(a)

a reference to an area includes an area in the participating jurisdiction; and

(b)

the modifications set out in this section and section 58B.
(3) A report under section 5(3) must be
forwarded as soon as practicable after it is
prepared to the Minister responsible for

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2002

s. 10

Act No. 42/2002

administering the corresponding agricultural
industry development legislation in the
participating jurisdiction.
(4) The Minister must not direct that a poll of

producers be held for the making of an Order
referred to in sub-section (1) unless the
Minister responsible for administering the
corresponding agricultural industry
development legislation in the participating
jurisdiction has agreed to the—

(a)
submission of the question to the Order should be made; and

(b)

content of the draft report to be advertised and distributed under section 5(3); and

(c)

content of the draft Order under section 7(2) to be submitted to producers.
(5) The Minister may make an Order under
section 8 for the purposes of this section if—

(a) the majority of votes cast in the poll of producers in the production area in Victoria are in favour of the making of the proposed Order; and
(b)
producers in the participating
jurisdiction would enable the Minister
in the participating jurisdiction to make,
or recommend the making of, a
declaration or other instrument under
the corresponding agricultural industry
development legislation to declare the
the outcome of the poll of growers or instrument for the purposes of the

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 10
corresponding agricultural industry
legislation.
(6) An Order referred to in sub-section (1) does

not take effect unless the Order is declared to
be a recognised instrument by the Governor
in Council of the State or Territory in which
the Order is to have effect.

(7) An Order referred to in sub-section (1) takes effect from the date a declaration under sub- section (6) is made or from such later date as is specified in the Order.
(8) Division 2 of Part 4 applies to and in relation

to an Order referred to in sub-section (1)
from the date the Order takes effect.

19C. Declaration of recognised instruments to allow interstate legislation to have extra- territorial effect in Victoria
(1) The Governor in Council, on the

(2) The Minister must not make a
recommendation of the Minister, by Order in Gazette, may declare an Order or regulation or other instrument made under an Act of a participating jurisdiction corresponding to this Act to be a recognised instrument for the purposes of this Act.

recommendation for the purposes of sub- section (1) unless the Minister is satisfied that there has been a poll conducted of the producers of the commodity which is

regulation or other instrument and the
majority of the votes cast by producers in

proposed to be regulated under the Order, are in favour of the proposed Order, regulation or other instrument.

Agricultural Industry Development (Further Amendment) Act
2002

s. 10

Act No. 42/2002

(3) An Order in Council under sub-section (1)

may declare that a recognised instrument of a
participating jurisdiction applies—

(a) in Victoria or in a production area in Victoria that is specified in the Order; and
(b) in the participating jurisdiction or an area of the participating jurisdiction that is specified in the Order; and
(c) to and in relation to the relevant commodity specified in the Order in Victoria and in the participating jurisdiction that is specified in the Order; and
(d) to and in relation to the growers or producers of the relevant commodity in Victoria and in the participating jurisdiction.
(4) Division 3 of Part 4 applies to and in relation

to an Order referred to in sub-section (1)
from the date the Order comes into
operation.

19D. Disallowance of Orders providing for extra- territorial operation
(1) An Order in Council made under section

19A or 19C comes into operation on
publication in the Government Gazette or on
such later date as is specified in the Order.

(2) A copy of an Order in Council must be laid

before each House of Parliament on or
before the 6th sitting day of that House after
publication of the Order in the Government
Gazette.

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 11
(3) Sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to an Order in Council made under section 19A or 19C as if
the Order in Council were a statutory rule
within the meaning of that Act.".

11. Authorised officers
For section 50(3) of the Principal Act substitute—
"(3) An authorised officer must produce his or

her certificate of identification for
inspection—

(a)

before exercising a power under this Division; and

(b)

at any time during the exercise of a power under this Division, if asked to do so.".
12. Limited powers of entry
In section 51 of the Principal Act after "search premises" insert "with the consent of the occupier".

13. Powers of authorised officers
After section 51 of the Principal Act insert—
"51A. Search warrants
(1) An authorised officer, with the written
approval of the Department Head, and, if authorised to do so under an Order, may apply to a magistrate for the issue of a search
warrant in relation to particular premises, if
the authorised officer believes on reasonable
grounds that there is on the premises
evidence that a person or persons may have
contravened this Act or an Order.
(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the authorised

Agricultural Industry Development (Further Amendment) Act
2002

s. 13

Act No. 42/2002

officer that there are reasonable grounds to officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
believe that there is any relevant commodity,
books, equipment, receptacle or other thing
relating to the production or processing of a
relevant commodity connected with a
contravention of this Act or an Order on any
premises, the magistrate may issue a search
warrant, in accordance with the Magistrates'

(a)

to enter the premises specified in the warrant, if necessary by force; and
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine, inspect and take and keep samples of;
(v) inspect and make copies of, or take extracts from—
the relevant commodity, books,
equipment, receptacle or other thing of
a particular kind named or described in
the warrant and which the authorised
officer believes, on reasonable grounds,
to be connected with the alleged
contravention.

(3) A search warrant issued under this section must state—

(a)

the purpose for which the search is required and the nature of the alleged contravention; and

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 13

(b) any conditions to which the warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.

51B. Announcement before entry

(1) On executing a search warrant, the
authorised officer executing the warrant—

(a) must announce that he or she is authorised by the warrant to enter the premises; and
(b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2) An authorised officer need not comply with

sub-section (1) if he or she believes, on
reasonable grounds that immediate entry to
the premises is required to ensure—

(a) the safety of any person; or

(b)

that the effective execution of the search warrant is not frustrated.
51C. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a

search warrant is being executed, the
authorised officer must—

Agricultural Industry Development (Further Amendment) Act
2002

s. 14

Act No. 42/2002

(a) identify himself or herself to the occupier; and
(b) give to the occupier a copy of the warrant.
(2) If the occupier is not present at premises

where a search warrant is being executed, the
authorised officer must—

(a) identify himself or herself to a person at the premises; and
(b) give to the person a copy of the warrant.".
14. Transfer of assets and liabilities to bodies in participating jurisdictions on winding up and dissolution
In section 54(8)(a) of the Principal Act after "commodity" insert "(including bodies or organisations that represent the interests of producers in a participating jurisdiction)".

15. New Part 4 inserted
After section 54 of the Principal Act insert—
'PART 4—COMMITTEES WITH EXTRA-
TERRITORIAL APPLICATION
Division 1—Preliminary

55. Laws associated with agricultural industry development legislation
For the purposes of this Act, "associated laws", in relation to the agricultural industry development legislation of Victoria or a participating jurisdiction, are the provisions of any laws of Victoria or that jurisdiction concerning a matter arising under that legislation relating to the following—

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 15

(a) the jurisdiction of courts and tribunals under that legislation;
(b)
tribunals exercising jurisdiction under
the procedure before courts and to evidence, appeals and review);

(c) the judicial review of administrative decisions under that legislation;
(d)
the jurisdiction of the Ombudsman with officials under that legislation;

(e) the access to information held by public officials under that legislation and the correction or amendment of that information;
(f) the protection of the privacy of personal information held by bodies established under that legislation;
(g)
public officials under that legislation
and bodies established under that
the disclosure of improper conduct by matters disclosed and the protection of persons who make those disclosures or who may suffer reprisals in relation to those disclosures;

(h)
the provision of financial statements established under that legislation;

(i)
the conduct of financial and established under that legislation;

(j) the interpretation of that legislation.

Agricultural Industry Development (Further Amendment) Act
2002

s. 15

Act No. 42/2002

Division 2—Area Transferred to Control of
Victoria with respect to Specified Commodity
56. Application of Victorian agricultural industry development legislation and associated laws in area outside Victoria
This Division has effect for the purposes of the provisions of the corresponding agricultural industry development legislation in the area described in an Order under section 19B and in relation to that area and the agricultural commodity described in the Order that is grown or produced in that area in that participating jurisdiction as if that area were within the territorial limits of Victoria.
57. Conferral of functions etc. and jurisdiction on Victoria

(1) All persons who have functions, powers,
them for the purposes of or in connection
with the agricultural industry development
legislation of Victoria (or the associated laws
of Victoria) have and may perform or
exercise those functions, powers, duties or
authorities for the purposes of or in
connection with that legislation or those
laws, as applying in the area specified in an
duties or authorities conferred or imposed on that area and the agricultural commodity described in the Order that is grown or produced in that area in a participating jurisdiction.
(2) The several courts and tribunals of Victoria are invested with jurisdiction in all matters arising under the agricultural industry
development legislation of Victoria (or the

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 15

associated laws of Victoria), as applying in production area in the participating jurisdiction.
the area described in an Order under
section 19B and in relation to that area and
the agricultural commodity described in the

(3) Charges that are required to be paid under
legislation of Victoria in relation to the
agricultural commodity described in an

the agricultural industry development in the area in the participating jurisdiction described in the Order are to be treated as debts due and payable in accordance with the laws of Victoria.
Division 3—Area Transferred to the Control of
Participating Jurisdiction with respect to
Specified Commodity

57A. Application of participating jurisdiction's

agricultural industry development
legislation and associated laws in Victoria

(1) The agricultural industry development
legislation of a participating jurisdiction the agricultural commodity described in the Order in Council that is grown or produced in that area as if that area were within the territorial limits of the participating jurisdiction.
relating to the agricultural commodity
described in an Order in Council under
section 19C and the associated laws of that
jurisdiction, apply in and in relation to the
production area described in an Order in

Agricultural Industry Development (Further Amendment) Act
2002

s. 15

Act No. 42/2002

(2) The agricultural industry development
legislation of Victoria and the associated in that area in Victoria.
laws of Victoria do not apply in or in relation
to the production area described in an Order
in Council under section 19C in Victoria and
the agricultural commodity described in the
57B. Conferral of functions, powers and
jurisdiction on participating jurisdiction
(1) All persons who have functions, powers,

duties or authorities conferred or imposed on
them for the purposes of or in connection
with the agricultural industry development
legislation of the participating jurisdiction
(or the associated laws of the participating
jurisdiction) have and may perform or
exercise those functions, powers, duties or
authorities for the purposes of or in
connection with that legislation or those
laws, as applying in and in relation to the
production area in Victoria by virtue of this
Division.

(2) The several courts and tribunals of the
participating jurisdiction are invested with jurisdiction in all matters arising under the agricultural industry development legislation
of the participating jurisdiction (or the
associated laws of the participating
jurisdiction), as applying in and in relation to
the production area in Victoria by virtue of
this Division.
(3) Rates, interest on unpaid rates and other

amounts that are required to be paid under
the agricultural industry development
legislation of the participating jurisdiction in
relation to the agricultural commodity

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 15

described in an Order in Council under due and payable in accordance with the laws of the participating jurisdiction.
section 19C grown or produced in the
production area in Victoria described in the

57C. Provisions of agricultural industry

development legislation of the participating jurisdiction with specific application not to apply
(1) Nothing in this Division renders a provision

of the agricultural industry development
legislation of the participating jurisdiction
applicable in a particular place—

(a)

in so far as the provision is incapable of applying in or in relation to that place; or

(b)

if that legislation expressly provides that the provision does not extend or apply in or in relation to that place; or

(c)

if that legislation expressly provides that the provision applies only in a specified locality that does not include that place.
(2) A provision of the agricultural industry
development legislation of the participating
jurisdiction is not to be taken to be a
provision to which sub-section (1) applies
merely because it is limited in its application
to acts, matters or things within a particular
part (however described) of the area
described in an Order in Council under
section 19C in the participating jurisdiction.'.

Agricultural Industry Development (Further Amendment) Act
2002

s. 16

Act No. 42/2002

16. New section 58A inserted
After section 58 of the Principal Act insert—
"58A. Offences relating to polls
A person must not—

(a)

give false or misleading information to the Victorian Electoral Commission for a poll conducted under this Act in
relation to the issue of duplicate ballot
papers; or

(b)

insert false details on a return envelope for a poll conducted under this Act.

Penalty: 5 penalty units.".

17. New section 58B inserted
After section 58A of the Principal Act insert—
"58B. Special provisions for polls relating to

extra-territorial committees

(1) The Minister may authorise the Victorian
Electoral Commission or a person appointed by the Victorian Electoral Commission to conduct a poll of producers—

(a) in the area in the participating jurisdiction described in a draft Order referred to in section 19B; and
(b) referred to in section 19B(1)(d) in the production area in Victoria.
(2) In the case of a poll under section 7 on the

question of whether a proposed Order
referred to in section 19B should be made, if
the corresponding agricultural industry
development legislation relating to—

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 17

(a) the method of enrolment of persons eligible to vote; or
(b) the preparation of a final roll for the poll; or
(c) whether voting in relation to the poll is compulsory; or
(d) the method of determining the outcome of the poll in the participating jurisdiction—
is inconsistent with agricultural industry development legislation of Victoria, the corresponding agricultural industry
development legislation applies to that matter in the conduct of the poll in the production area in the participating
jurisdiction.
(3) Despite sub-section (2), if a poll has been

conducted under section 7 on the question of
whether a proposed Order referred to in
section 19B should be made under section 8
and a further poll is conducted on that
question with respect to the same relevant
commodity, production area and eligibility to
vote, Parts 2 and 5 apply to the conduct of
the poll.

(4) If—

(a)

a poll has been conducted for the purposes of making an Order referred to in section 19B; and

Agricultural Industry Development (Further Amendment) Act
2002

s. 18

Act No. 42/2002

(b)

the Minister is satisfied that the majority of the votes cast by producers in Victoria who are entitled to vote in the poll are in favour of a committee being established under this Act with jurisdiction limited to Victoria—
an Order may be made under section 8 in conducting a poll under section 7.".
substantially the same terms as the draft
18. Murray Valley Citrus Marketing Board
In the Murray Valley Citrus Marketing Act
1989—
(a) in section 56(a) omit "57 or";
(b) section 57 is repealed.

19. New section 64 inserted
After section 63 of the Principal Act insert—
"64. Poll of Murray Valley citrus producers
(1) Within 6 months after the commencement of

section 19 of the Agricultural Industry
Development (Further Amendment) Act
2002, the Minister must direct that the
Department Head prepare a report under
section 5(2) as to the making in accordance
with Part 2 of an Order referred to in
section 19B (as proposed to be inserted by
section 10 of that Act) to establish a
committee to carry out functions and
exercise powers in accordance with this Act
in relation to citrus fruit that has been grown
or produced in the Murray Valley production
area within the meaning of the Murray
Valley Citrus Marketing Act 1989.

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 20
(2) This Act, except sections 4 and 58(3),
applies to the conduct of a poll of producers or the regulations made under that Act.
referred to in sub-section (1) and each
producer is entitled to one vote in the poll
despite anything to the contrary in the
(3) The Minister may make the Order under
section 8 in accordance with Part 2 if—

(a) the majority of votes cast by producers in the production area in Victoria are in favour of the making of an Order
referred to in sub-section (1); and

(b)

in a poll in which more than half of the eligible voters in the area in New South Wales specified in the Order cast votes, the majority of votes cast are in favour of the establishment of the Committee referred to in the Order.".

20. Repeal of Murray Valley Citrus Marketing Act 1989

Act No

The Murray Valley Citrus Marketing Act 1989 63/1989.
is repealed.
21. New Part 8 inserted
After section 64 of the Principal Act insert—
'PART 8—TRANSITIONALS

65. Definitions
In this Part—
"Murray Valley production area" means
the total production area within the
meaning of the repealed Act;

"new Committee " means a Committee
established by an Order referred to in section 19B to provide for citrus fruit

Agricultural Industry Development (Further Amendment) Act
2002

s. 21	Act No. 42/2002
grown or produced in the Murray established by Order under section 8 to provide for citrus fruit grown or produced in that part of the Murray Valley production area that is in Victoria whichever is first established;

"old Board" means the Murray Valley

Citrus Marketing Board established
under the repealed Act;

"repealed Act" means the Murray Valley Citrus Marketing Act 1989;
"transitional period" means the period beginning on the commencement of section 21 of the Agricultural
Industry Development (Further the day which is 4 years after the commencement of the Order establishing the new Committee.
66. Transitional
(1) On the commencement of section 21 of the
Agricultural Industry Development
(Further Amendment) Act 2002—

(a)

the old Board is abolished and the new Committee is the successor in law of the old Board;

(b)

the members of the old Board become the first members of the new Committee and those members remain in office as members of the new Committee for the transitional period.

Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 s. 21
(2) Despite the repeal of the Murray Valley Citrus Marketing Act 1989—

(a) a person who, immediately before that repeal, was an approved receiver under that Act continues for the transitional
period to be an approved receiver for citrus fruit grown or produced in that part of the Murray Valley production area that is in Victoria for the purposes

of an Order under Part 2 relating to
citrus fruit and for receiving charges
payable by producers of citrus fruit
referred to in that Order;
(b) an approved receiver referred to in paragraph (a) must make payments to the new Committee—
(i) of amounts deducted in the transitional period from the proceeds of sale of citrus fruit that

was delivered to the approved
receiver before that repeal; and
(ii) of the charges payable to the new Committee under an Order under Part 2 that have been deducted by the approved receiver in the
transitional period;

(c)

on and from that repeal, unless the context otherwise requires, a reference in any Act or subordinate instrument or any document to the old Board is to be a reference to the new Committee.
67. Special powers of new Committee
(1) The new Committee, in writing, may appoint

a person who purchases or receives citrus
fruit grown or produced in the Murray
Valley production area specified in an Order

Agricultural Industry Development (Further Amendment) Act
2002

s. 21

Act No. 42/2002

under Part 2 or the part of the Murray Valley the transitional period.
production area specified in an Order under
(2) The new Committee must cause a list of

approved receivers to be published at least
once in each year in a newspaper circulating
generally in the production area specified in
an Order under Part 2.

(3) The new Committee must keep a list of
approved receivers available for inspection at
its office.
68. Duties of approved receivers
(1) An approved receiver must pay to the new Committee the charges payable to the new Committee under an Order under Part 2 that
have been deducted by the approved receiver
from the proceeds of the sale of citrus fruit
delivered to the approved receiver in the
transitional period.
Penalty: 50 penalty units.
(2) An approved receiver must comply with any

written instructions issued by the new
Committee relating to information to be
submitted to the new Committee about the
amount of citrus fruit received, packed and
processed by the approved receiver and the
payments made to the new Committee under
sub-section (1).
Penalty: 50 penalty units.

_______________'.

═══════════════
Agricultural Industry Development (Further Amendment) Act
2002

Act No. 42/2002 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 6 June 2002
Legislative Council: 8 October 2002
The long title for the Bill for this Act was "to amend the Agricultural
Industry Development Act 1990 to make provision for committees
established under that Act or the corresponding Act of New South Wales
or another State or internal Territory to represent the interests of
producers of agricultural commodities in Victoria and elsewhere, to
repeal the Murray Valley Citrus Marketing Act 1989 and for other
purposes."

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Agricultural Industry Development (Further Amendment) Act 2002 (Vic)

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1.	Purposes	1
2.	Commencement	2
3.	Principal Act	3
4.	Purposes	3
5.	Definitions	4
6.	New sections 3A and 3B inserted	5
3A.	Territorial application of this Act	5
3B.	Act binds the Crown	5
7.	Disallowance of Ministerial Orders	5
8.	Restriction of powers of authorised officers	5
9.	Requirements for Committees	6
10.	New Division 3 inserted in Part 2	6
Division 3—Orders enabling extra-Territorial Effect	6

11.	Authorised officers	11
12.	Limited powers of entry	11
13.	Powers of authorised officers	11
51A.	Search warrants	11
51B.	Announcement before entry	13
51C.	Details of warrant to be given to occupier	13

15.	New Part 4 inserted	14
PART 4—COMMITTEES WITH EXTRA-TERRITORIAL
APPLICATION	14
Division 1—Preliminary	14

57A.	Application of participating jurisdiction's agricultural industry development legislation and associated laws in Victoria	17
57B.	Conferral of functions, powers and jurisdiction on
participating jurisdiction	18
57C.	Provisions of agricultural industry development legislation of the participating jurisdiction with specific application not to apply	19
16.	New section 58A inserted	20
58A.	Offences relating to polls	20
17.	New section 58B inserted	20

18.	Murray Valley Citrus Marketing Board	22
19.	New section 64 inserted	22
64.	Poll of Murray Valley citrus producers	22
20.	Repeal of Murray Valley Citrus Marketing Act 1989	23
21.	New Part 8 inserted	23
PART 8—TRANSITIONALS	23
65.	Definitions	23
66.	Transitional	24
67.	Special powers of new Committee	25
68.	Duties of approved receivers	26

In this Act, the Agricultural Industry	Act No.
Development Act 1990 is called the Principal	48/1990. Reprint No. 2
Act.	as at 11 March
1999 and amending
Act Nos 76/2000,
11/2001 and 44/2001.
Law Today:
dpc.vic.
gov.au

(c)	to provide for Committees or other persons or bodies established under the corresponding legislation of New South Wales or another State or internal Territory to perform their functions and exercise their powers with respect to agricultural commodities grown or produced in certain areas of Victoria;
(d)	to provide for the law of Victoria or the State or Territory under which the Committee, person or body is established and certain associated laws of Victoria or that State or Territory to apply outside Victoria or that State or Territory in place of the laws that would otherwise apply.".

(a)	in sub-section (2) for "a general meeting" substitute "an annual general meeting required by sub-section (1)";
(b)	in sub-section (3) for "a general" substitute "the annual general";
(c)	in sub-section (3) for paragraph (b) substitute—

(a)	in Victoria or in a production area in Victoria that is specified in the Order; and
(b)	in an area of a participating jurisdiction that is specified in the Order; and
(c)	to and in relation to the relevant commodity specified in the Order that is grown or produced in Victoria and in a participating jurisdiction that is specified in the Order; and
(d)	to and in relation to the producers of the relevant commodity in Victoria and in a participating jurisdiction.

(a)	a reference to an area includes an area in the participating jurisdiction; and
(b)	the modifications set out in this section and section 58B.

(b)	content of the draft report to be advertised and distributed under section 5(3); and
(c)	content of the draft Order under section 7(2) to be submitted to producers.

(a)	the majority of votes cast in the poll of producers in the production area in Victoria are in favour of the making of the proposed Order; and
(b)	producers in the participating jurisdiction would enable the Minister in the participating jurisdiction to make, or recommend the making of, a declaration or other instrument under the corresponding agricultural industry development legislation to declare the

Act No. 42/2002	s. 10
corresponding agricultural industry legislation.

(2) The Minister must not make a	recommendation of the Minister, by Order in Gazette, may declare an Order or regulation or other instrument made under an Act of a participating jurisdiction corresponding to this Act to be a recognised instrument for the purposes of this Act.
recommendation for the purposes of sub- section (1) unless the Minister is satisfied that there has been a poll conducted of the producers of the commodity which is
regulation or other instrument and the majority of the votes cast by producers in
proposed to be regulated under the Order, are in favour of the proposed Order, regulation or other instrument.

(a)	in Victoria or in a production area in Victoria that is specified in the Order; and
(b)	in the participating jurisdiction or an area of the participating jurisdiction that is specified in the Order; and
(c)	to and in relation to the relevant commodity specified in the Order in Victoria and in the participating jurisdiction that is specified in the Order; and
(d)	to and in relation to the growers or producers of the relevant commodity in Victoria and in the participating jurisdiction.

(a)	before exercising a power under this Division; and
(b)	at any time during the exercise of a power under this Division, if asked to do so.".

(b)	any conditions to which the warrant is subject; and
(c)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)	a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(a)	must announce that he or she is authorised by the warrant to enter the premises; and
(b)	if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

(a)	identify himself or herself to the occupier; and
(b)	give to the occupier a copy of the warrant.

(a)	identify himself or herself to a person at the premises; and
(b)	give to the person a copy of the warrant.".

(a)	the jurisdiction of courts and tribunals under that legislation;
(b)	tribunals exercising jurisdiction under

(c)	the judicial review of administrative decisions under that legislation;
(d)

(e)	the access to information held by public officials under that legislation and the correction or amendment of that information;
(f)	the protection of the privacy of personal information held by bodies established under that legislation;
(g)	public officials under that legislation and bodies established under that

(a)	in so far as the provision is incapable of applying in or in relation to that place; or
(b)	if that legislation expressly provides that the provision does not extend or apply in or in relation to that place; or
(c)	if that legislation expressly provides that the provision applies only in a specified locality that does not include that place.

(a)	give false or misleading information to the Victorian Electoral Commission for a poll conducted under this Act in
relation to the issue of duplicate ballot papers; or
(b)	insert false details on a return envelope for a poll conducted under this Act.

(a)	in the area in the participating jurisdiction described in a draft Order referred to in section 19B; and
(b)	referred to in section 19B(1)(d) in the production area in Victoria.

(a)	the method of enrolment of persons eligible to vote; or
(b)	the preparation of a final roll for the poll; or
(c)	whether voting in relation to the poll is compulsory; or
(d)	the method of determining the outcome of the poll in the participating jurisdiction—

The Murray Valley Citrus Marketing Act 1989	63/1989.
is repealed.

(a)	the old Board is abolished and the new Committee is the successor in law of the old Board;
(b)	the members of the old Board become the first members of the new Committee and those members remain in office as members of the new Committee for the transitional period.

of an Order under Part 2 relating to citrus fruit and for receiving charges payable by producers of citrus fruit referred to in that Order;
(b)	an approved receiver referred to in paragraph (a) must make payments to the new Committee—