Canned Fruits Marketing Act 1980 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

CANNED FRUITS MARKETING ACT, 1980

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 July 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.   Short title

2.   Commencement

3.   Arrangement of Act

4.   Interpretation

5.   Act to apply subject to Constitution

PART II

MARKETING OF CANNED FRUITS

6.   Powers of Corporation

7.   Directions by Commonwealth Minister

7a.	Insurance
8.	Agents
9.	Acquisition by Corporation of canned fruits produced
10.	Canned fruits
11.	Unauthorized dealings with canned fruits
13.	Payment into, and out of, equalization pools
13a.	Excess proceeds
14.	Payment for canned fruits otherwise than out of equalization pool
15.	Person entitled to payment for canned fruits, other than canned fruits acquired by purchase
16.	Person entitled to payment for canned fruits purchased by Corporation
17.	Advance payments

PART III

MISCELLANEOUS

18.   Corporation may require information

19.   Delegation

20.   Indemnity

21.   Function of Advisory Committee

22.   Proper care to be taken of canned fruits owned by the Corporation

23.   Access to premises

24.   Proceedings

25.   Regulations

APPENDIX

LEGISLATIVE HISTORY

CANNED FRUITS MARKETING ACT, 1980

being

Canned Fruits Marketing Act, 1980, No. 16 of 1980

[Assented to 17 April 1980]1

as amended by

Canned Fruits Marketing Act Amendment Act, 1984, No. 89 of 1984 [Assented to 29 November 1984]2 Canned Fruits Marketing Act Amendment Act, 1987, No. 76 of 1987 [Assented to 19 November 1987]

1 Came into operation 26 June 1980:Gaz. 26 June 1980, p. 1717.

2 Came into operation 1 January 1985: s. 2.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

An Act relating to the marketing of certain canned fruits, and for related purposes.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Canned Fruits Marketing Act, 1980.

Commencement

2. This Act shall come into operation on a day to be fixed by proclamation.

Arrangement of Act

3. This Act is arranged as follows:—

PART I—PRELIMINARY.

PART II—MARKETING OF CANNED FRUITS.

PART III—MISCELLANEOUS.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

"Advisory Committee" means the Australian Canned Fruits Industry Advisory Committee

established by the Commonwealth Act:

"annual operation plan" has the same meaning as in the Commonwealth Act:

"canned fruits" means fruits preserved by sterilization and enclosed (with or without syrup,

water or other liquid) in an air-tight container, being fruits that consist of—

(a)	apricots, peaches or pears;
or
(b)	a mixture of fruits no less than fifty-five per cent of which consists of one or more of the fruits specified in paragraph (a) of this subsection,

and includes the container containing the fruits and any contents of the container that are not

fruits, but does not include—

(c)	goods that, having regard to their characteristics, may be described as "fruit pulp", "solid pack", "pie pack", "jam", "jelly" or "conserve";
or
(d)	goods of a kind declared by the Corporation not to be canned fruits:

"canner" means a proprietor of a factory at which canned fruits are produced:

"Commonwealth Act" means the Canned Fruits Marketing Act 1979 of the Parliament of the

Commonwealth as that Act is amended from time to time:

"Commonwealth Minister" means the Minister of State of the Commonwealth administering the Commonwealth Act, or another Minister of State of the Commonwealth acting for and on behalf of that Minister:

"corporate plan" has the same meaning as in the Commonwealth Act:

"Corporation" means the Australian Canned Fruits Corporation established by the

Commonwealth Act:

"equalization market" and "equalization pool" have the same respective meanings as in the

Commonwealth Act:

"insurance account" means the insurance account maintained under section 7a:

"marketing agent" means a person who is an agent of the Corporation under an agreement in force under section 8 of this Act or under the corresponding provision of the Commonwealth Act or of a State Act:

"premium" has the same meaning as in the Commonwealth Act:

"production", in relation to a canner, means production at a factory of which the canner is the

proprietor:

"season" means the period of twelve months commencing on 1st January, 1980, and each of the

next eight succeeding periods of twelve months:

"State Act" means an Act of the Parliament of another State relating to the marketing of canned

fruits.

(2) In this Act, a reference to canned fruits of a season shall be read as a reference to canned fruits produced at a factory during that season.

(3) For the purposes of this Act, the net proceeds of the disposal by the Corporation of canned fruits shall be deemed to be an amount equal to the proceeds of that disposal, less—

(a)	any amounts deducted from those proceeds, in accordance with an agreement in force under section 8 of this Act, or under the corresponding provision of the Commonwealth Act or of a State Act, by the marketing agent who effected that disposal;
(b)	where the Corporation was fully or partly insured against relevant risks (within the meaning of section 7a) in respect of the canned fruits, an amount calculated in respect of the canned fruits at the insurance reimbursement rate in force under section 7a(3), or under the corresponding provision of the Commonwealth Act or a State Act, at the time of that disposal;
and
(c)	where the Corporation was not fully insured against those risks, an amount calculated in respect of the canned fruits at the insurance account reimbursement rate in force under section 7a(6), or under the corresponding provision of the Commonwealth Act or a State Act, at the time of that disposal.

(4) For the purposes of subsection (3) of this section, any moneys received by the Corporation under a policy of insurance in respect of canned fruits shall be deemed to be proceeds of the disposal of those canned fruits.

(4a) For the purposes of subsection (3), any money paid out of the insurance account in accordance with section 7a(7)(a) in respect of canned fruits shall be deemed to be proceeds of the disposal of those canned fruits.

(5) In this Act—

(a)

a reference to the disposal by the Corporation in the equalization market of canned fruits shall be read as a reference to the sale of the canned fruits in Australia by the Corporation—

(i)	for consumption in Australia;
(ii)	for delivery to a place in the equalization market outside Australia;

or

(iii) for delivery to a ship or aircraft for export from Australia to a place in the equalization market;
and
(b)	a reference to the disposal by the Corporation of canned fruits shall be read as a reference to such disposal, whether in the equalization market or otherwise.

(6) In this Act, a reference to canned fruits acquired by the Corporation under an Act (whether

this Act, the Commonwealth Act or a State Act) shall be read as a reference to canned fruits that—

(a)	have become the property of the Corporation by force of that Act;
or
(b)	have been purchased by the Corporation under that Act.

Act to apply subject to Constitution

5. (1) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State, to the intent that, where any provision of this Act, or the application of any provision of this Act to any person or circumstances, is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected.

(2) If, by reason of the Commonwealth of Australia Constitution Act, a provision of this Act or a notice under a provision of this Act cannot validly apply in relation to any particular canned fruits or kind of canned fruits, that provision or notice shall be construed as intended to operate in relation to all canned fruits to which it purports to apply, being canned fruits in relation to which it can validly apply.

PART II

MARKETING OF CANNED FRUITS

Powers of Corporation

6. (1) On or after 1st January, 1980, the Corporation may—

(a)	purchase canned fruits;
(b)	sell or dispose of, or make arrangements for the sale or disposal of, canned fruits;
(c)	manage and control all matters connected with, or arising out of, the handling, storage, protection, transfer, shipment or sale of canned fruits;
(d)	promote the sale and consumption of canned fruits, whether in Australia or overseas;
(e)	do such things as it thinks fit in order to improve the methods of production, storage, transport and marketing of canned fruits;
and
(f)	do all things that the Corporation is required or permitted by this Act to do or that are incidental to the exercise of the foregoing powers or are necessary or convenient to be done by the Corporation for giving effect to this Act.

(1a) To the extent that it is practicable to do so, the Corporation shall endeavour to ensure that the exercise, at any time, of the powers conferred on it by this Act is consistent with, and designed to give effect to—

(a)	where the corporate plan is in force at that time—the provisions of that plan;
and
(b)	where an annual operational plan is in force at that time—the provisions of that annual operational plan.

(2) Except with the approval of the Commonwealth Minister, the Corporation shall not enter into a contract or agreement in connection with the purchase of real or personal property, not being canned fruits, for an amount exceeding $100 000 or, if a higher amount is prescribed by regulations in force under the Commonwealth Act for the purposes of the provision of that Act that corresponds to this subsection, that higher amount.

* * * * * * * * * *

Directions by Commonwealth Minister

7. The Commonwealth Minister may give directions to the Corporation concerning the performance of its functions and the exercise of its powers under this Act, and the Corporation shall comply with those directions.

Insurance

7a. (1) In this section, "relevant risk" means the risk of loss or deterioration of, or damage to,

canned fruits acquired by the Corporation under this Act.

(2) The Corporation may insure against relevant risks.

(3) The cost to the Corporation of the insurance permitted by subsection (2) shall be met out of the proceeds of the disposal by the Corporation of the canned fruits covered by the insurance and, for that purpose, the Corporation shall, from time to time, fix an insurance reimbursement rate.

(4) So long as the Corporation is not fully insured by policies of insurance against all relevant risks, the Corporation shall maintain an account, to be known as the "insurance account", for the purpose of making provision against relevant risks so far as they are not covered by insurance.

(5) The Corporation shall pay into the insurance account such amounts as, in the opinion of the Corporation, ensure that the amount from time to time standing to the credit of the insurance account is sufficient for the purpose of making adequate provision against relevant risks so far as those risks are not covered by insurance.

(6) Payments by the Corporation into the insurance account in accordance with subsection (5) shall be reimbursed, or paid, out of the proceeds of the disposal by the Corporation of canned fruits, being canned fruits in respect of which the Corporation was not fully insured against relevant risks and, for that purpose, the Corporation shall, from time to time, fix an insurance account reimbursement rate.

(7) Money in the insurance account may be applied only in payment of—

(a)	where the Corporation suffers loss, not fully covered by insurance, by reason of a relevant risk—such amount in respect of that loss as the Corporation considers appropriate having regard to the provisions made under this section in lieu of insurance against that risk;
and
(b)	such amounts as, in the opinion of the Corporation, are appropriate to make provision for expenses or other liabilities that have been or will be incurred by the Corporation in maintaining the insurance account or otherwise in or in connection with making provision against relevant risks so far as they are not covered by insurance.

(8) The Commonwealth Minister may, by determination in writing—

(a)	set guidelines for the purpose of the exercise by the Corporation of its powers under this section;
and
(b)	revoke or vary guidelines set for that purpose or set new guidelines for that purpose,

and shall give the Corporation a copy of each determination made under this subsection.

(9) The Corporation shall not exercise its powers under this section otherwise than in accordance with any guidelines having effect from time to time under subsection (8).

Agents

8. For the purposes of the exercise of its powers under this Act, the Corporation may enter into an agreement with a person providing for that person to act as an agent of the Corporation in respect of the marketing of canned fruits acquired by it under this Act.

Acquisition by Corporation of canned fruits produced

9. (1) On the production of canned fruits of a season by a canner, the canner may set aside, and identify as the property of the Corporation, the canned fruits so produced.

(2) The Corporation may serve by post on a canner a requirement that the canner set aside, and identify as the property of the Corporation—

(a)	any canned fruits of a season that have been produced by him, and are in his possession at the time of the service of the requirement, not being canned fruits previously set aside under subsection (1) of this section;
or
(b)	any canned fruits of a season that are produced by him during such period after the service of the requirement as is specified in the requirement.

(3) A canner shall not, without reasonable excuse, refuse or fail to take action that is required to be taken by him by a requirement served on him under subsection (2) of this section.

Penalty: Two thousand dollars in the case of a canner not being a body corporate, or ten thousand dollars in the case of a canner being a body corporate.

(4) On the setting aside by a canner of canned fruits in accordance with subsection (1) of this section or with a requirement under subsection (2) of this section, the canned fruits so set aside become the absolute property of the Corporation freed from all mortgages, charges, liens, pledges, interests and trusts.

(5) A canner who has set aside canned fruits in accordance with subsection (1) of this section or with a requirement under subsection (2) of this section shall, within fourteen days after so setting aside the canned fruits, serve by post on the Corporation a notice of that action.

Penalty: One thousand dollars.

(6) In this section, unless the contrary intention appears—

"canned fruits" does not include canned fruits in respect of which a certificate has been issued under subsection (2) of section 5 of the Canned Fruits Levy Act 1979 of the Parliament of the Commonwealth as that Act is amended from time to time:

"notice" means a notice in accordance with a form approved by the Corporation setting out—

(a)	the kind and quantity of canned fruits to which the notice relates;
(b)	the date on which those canned fruits were produced;
(c)	the date on which those canned fruits were set aside in accordance with subsection (1) of this section or with a requirement under subsection (2) of this section, as the case may be;
and
(d)	such other information, with respect to those canned fruits as is required by the notice.

Canned fruits

10. (1) Where the Corporation is of the opinion that canned fruits that—

(a)	have become the property of the Corporation by force of this Act;
(b)	have not been disposed of by the Corporation;
and
(c)	are in the custody or control of a canner,

are unfit for human consumption, the Corporation may serve by post on the canner a notice setting

out the opinion of the Corporation and identifying the canned fruits concerned.

(2) On the service on a canner of a notice under subsection (1) of this section, the canner shall set aside, and identify as canned fruits to which a notice under subsection (1) of this section relates, the canned fruits to which the notice relates.

Penalty: Two thousand dollars in the case of a canner not being a body corporate, or ten thousand dollars in the case of a canner being a body corporate.

Unauthorized dealings with canned fruits

11. (1) Except with the consent in writing of the Corporation, a canner shall not, with respect to canned fruits of a season that have been produced by him—

(a)	move those canned fruits, or cause or permit those canned fruits to be moved, from the cannery in which they were produced;
or
(b)	sell or deliver or part with the possession of, or otherwise deal with, those canned fruits.

Penalty: Two thousand dollars in the case of a canner not being a body corporate, or ten thousand dollars in the case of a canner being a body corporate.

(2) In subsection (1) of this section, "canned fruits" does not include canned fruits in respect of which a certificate has been issued under subsection (2) of section 5 of the Canned Fruits Levy Act 1979 of the Parliament of the Commonwealth as that Act is amended from time to time.

* * * * * * * * * *

Payment into, and out of, equalization pools

13. (1) Where, in respect of a season, an equalization pool is set up and maintained under section 7 of the Commonwealth Act for canned fruits of a particular kind, the Corporation shall pay into the equalization pool the net proceeds of the disposal by the Corporation in the equalization market, during the season, of canned fruits of that kind acquired by it under this Act.

(2) Where the net proceeds of the disposal of canned fruits are paid into an equalization pool under subsection (1) of this section, the Corporation shall pay, in respect of those canned fruits, out of the moneys standing to the credit of the equalization pool, an amount determined by the Corporation in accordance with subsection (3) of this section.

(3) The Corporation shall determine the amount payable under subsection (2) of this section, in respect of canned fruits referred to in that subsection—

(a)	by setting aside, out of the moneys standing to the credit of the equalization pool concerned, an amount sufficient to pay any premiums in respect of any canned fruits, whether acquired by the Corporation under this Act, the Commonwealth Act or a State Act, the net proceeds of the disposal of which have been paid into the equalization pool;
(b)	by apportioning the remainder of those moneys left after setting aside the amount referred to in paragraph (a) of this subsection among the canners who produced the canned fruits the net proceeds of the disposal of which have been credited to the equalization pool on the basis of the quantity of those canned fruits produced by each such canner;
and
(c)	by adding to an amount resulting from that appointment the amount of any premium in respect of the canned fruits to which the amount so resulting relates.

(4) In this section—

"canned fruits" does not include canned fruits to which a notice under section 10 of this Act, or

the corresponding provision of the Commonwealth Act or of a State Act, relates:

"canner" includes a person who is a canner for the purposes of the Commonwealth Act or of a

State Act.

Excess proceeds

13a. Where—

(a)	the Corporation has determined a minimum price for which particular canned fruits are to be disposed of (whether or not the relevant determination applies to other canned fruits);
and
(b)	those canned fruits are disposed of by a marketing agent at a price higher than the price so determined,

then, unless the Corporation, by instrument in writing, otherwise directs, the amount of the difference between the amount of the proceeds of the disposal of those canned fruits by the marketing agent and the amount that would have been the amount of the proceeds of their disposal if they had been disposed of by the marketing agent at the price determined by the Corporation—

(c)	shall be disposed of in accordance with arrangements between the marketing agent and the person to whom the amount payable by the Corporation under section 13 or 14 in respect of those relevant canned fruits is to be paid in accordance with section 15;
and
(d)	for the purposes of section 4(3), shall not be taken to be part of the proceeds of the disposal of those canned fruits.

Payment for canned fruits otherwise than out of equalization pool

14. On the disposal by the Corporation during a season of canned fruits acquired by it under this Act, other than canned fruits the net proceeds of the disposal of which are required to be paid into an equalization pool by virtue of subsection (1) of section 13 of this Act, the Corporation shall pay in respect of those canned fruits the net proceeds of that disposal.

Person entitled to payment for canned fruits, other than canned fruits acquired by purchase

15. (1) In this section, "canned fruits" does not include canned fruits that have been purchased by the Corporation.

(2) Subject to this section, the amount payable by the Corporation under section 13 or 14 of this Act in respect of any canned fruits is payable to the person who would have been entitled to receive the price of the canned fruits if the canned fruits had been lawfully sold to the Corporation at the time when the canned fruits became the property of the Corporation.

(3) The same rights (if any) exist against the person receiving an amount paid by the Corporation under section 13 or 14 of this Act in respect of canned fruits as would exist if the moneys so paid were the proceeds of a sale or purported sale of the canned fruits by him, and any such rights may be enforced by action in any court that would have had jurisdiction if the moneys were the proceeds of such a sale or purported sale.

(4) Payment in good faith by the Corporation of any moneys payable by it under section 13 or 14 of this Act to the person appearing to the Corporation to be entitled to receive them discharges the Corporation from any further liability in respect of those moneys.

(5) An assignment of moneys payable by the Corporation under section 13 or 14 of this Act in respect of canned fruits is void as against the Corporation.

Person entitled to payment for canned fruits purchased by Corporation

16. (1) In this section, "canned fruits" means canned fruits that have been purchased by the Corporation.

(2) Subject to subsection (3) of this section, the amount payable by the Corporation under section 13 or 14 of this Act in respect of canned fruits is payable to the person entitled to payment for the canned fruits in accordance with the contract of sale.

(3) An assignment of moneys payable by the Corporation under section 13 or 14 of this Act in respect of canned fruits is void as against the Corporation.

Advance payments

17. (1) The Corporation is not bound to make a final payment in respect of canned fruits acquired by it under this Act until the disposal by the Corporation of the canned fruits or, where the net proceeds of the canned fruits so disposed of are required to be paid into an equalization pool by virtue of subsection (1) of section 13 of this Act, until the end of the season during which they are so disposed of, but the Corporation may, with the approval of the Commonwealth Minister, make from time to time such advance payments as it considers justified.

(2) An advance payment shall not be made in respect of canned fruits to which a notice under section 10 of this Act relates and, if an advance payment is made in respect of canned fruits that are subsequently made the subject of a notice under section 10 of this Act, that advance payment shall be repaid to the Corporation and, if not so repaid, may be recovered by the Corporation by set off against any advance payment payable to the canner in respect of other canned fruits.

(3) An advance payment made in respect of canned fruits shall be deducted from the final payment in respect of those canned fruits before that final payment is made to the person to whom it is payable.

(4) In ascertaining the amount of an advance payment for the purposes of subsection (3) of this section, the fact that an amount was set off by the Corporation under subsection (2) of this section against that advance payment shall be disregarded.

PART III

MISCELLANEOUS

Corporation may require information

18. (1) The Corporation may, by notice in writing given, or sent by post, to a person, require the person to furnish, within such time as is specified in the notice, such information, in addition to any other information that he is required to furnish under this Act or any other Act or the Commonwealth Act or a State Act, relating to canned fruits of any season as is specified in the notice.

(2) A person shall not, without reasonable excuse, fail or neglect duly to furnish information that he is required to furnish by virtue of a notice given, or sent by post, to him under subsection (1) of this section.

Penalty: One thousand dollars.

(3) A person is not excused from furnishing information that he is required to furnish by virtue of a notice given, or sent by post, to him under subsection (1) of this section on the ground that the information might tend to incriminate him or make him liable to a penalty, but any information so furnished is not admissible in evidence against him in proceedings other than proceedings for an offence against subsection (4) of this section.

(4) A person shall not furnish to the Corporation information that is false or misleading in a

material particular.

Penalty: One thousand dollars or imprisonment for six months.

Delegation

19. (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a person any of its powers under this Act, other than this power of delegation.

(2) A power so delegated when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section does not prevent the exercise of a power by the Corporation.

Indemnity

20. (1) A member of the Corporation is not personally liable for an act of the Corporation or of the member acting as such.

(2) In this section, "member of the Corporation" includes an acting Chairman and a deputy of a

member.

Function of Advisory Committee

21. The function of the Advisory Committee shall, at the request of the Corporation, consult with, and furnish advice to, the Corporation in connection with the performance of the functions, or the exercise of the powers, of the Corporation under this Act.

Proper care to be taken of canned fruits owned by the Corporation

22. A person having canned fruits the property of the Corporation in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard those canned fruits and to keep them free from damage or deterioration.

Penalty: Five hundred dollars.

Access to premises

23. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

(2) Where an authorized person has reason to believe that—

(a)	there are on any premises canned fruits of any season;
or
(b)	there are on any premises books, documents or other papers relating to canned fruits of any season,

the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purposes of exercising the functions of an authorized person under this section.

(3) If, on an application under subsection (2) of this section, the Justice of the Peace is satisfied by information on oath or affirmation—

(a)	that there is reasonable ground for believing that there are on the premises any canned fruits, or any books, documents or papers, referred to in subsection (2) of this section;
and
(b)	that the issue of the warrant is reasonably required for purposes of, or related to the operation of, this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises during such hours or the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

(4) A warrant under subsection (3) of this section shall specify a date after which the warrant ceases to have effect.

(5) Where an authorized person has entered any premises in pursuance of subsection (1) of this section or in pursuance of a warrant granted under subsection (3) of this section, he may exercise the functions of an authorized person under this section.

(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under subsection (3) of this section or in pursuance of subsection (5) of this section.

Penalty: One thousand dollars or imprisonment for six months.

(7) The functions of an authorized person under this section are—

(a)	to search for and inspect canned fruits, or books, documents or papers, referred to in subsection (2) of this section;
(b)	to take possession of and remove canned fruits to which a requirement under subsection (2) of section 9 of this Act relates;
and
(c)	to take extracts from and make copies of books, documents or papers referred to in subsection (2) of this section.

(8) On the taking possession, under subsection (7) of this section, of canned fruits that, immediately before such taking, were not the property of the Corporation, those canned fruits become the absolute property of the Corporation, freed from all mortgages, charges, liens, pledges, interests and trusts, but the operation of this subsection does not affect the liability of a person for an offence.

(9) In this section—

"authorized person" means a person appointed by the Corporation or the Chairman of the

Corporation to be an authorized person for the purposes of this section:

"occupier", in relation to premises, includes the person in charge of the premises.

Proceedings

24. Proceedings for an offence against this Act shall be disposed of summarily.

Regulations

25. The Governor may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, making provision for penalties not exceeding a fine of five hundred dollars for offences against the regulations.

APPENDIX

Legislative History

Section 4(1):

definition of "annual operation plan" inserted by 89, 1984, s. 3(a)

definition of "corporate plan" inserted by 89, 1984, s. 3(b)

definition of "insurance account" inserted by 98, 1984, s. 3(c)

definition of "season" amended by 89, 1984, s. 3(d); 76, 1987, s. 2

Section 4(3):

amended by 89, 1984, s. 3(e)

Section 4(4a):

inserted by 89, 1984, s. 3(f)

Section 6(1a):

inserted by 89, 1984, s. 4(a)

Section 6(3):

repealed by 89, 1984, s. 4(b)

Section 7a:

inserted by 89, 1984, s. 5

Section 9(3):

amended by 89, 1984, s. 6(a), (b)

Section 9(5):

amended by 89, 1984, s. 6(c)

Section 10(2):

amended by 89, 1984, s. 7

Section 11(1):

amended by 89, 1984, s. 8

Section 12:

repealed by 89, 1984, s. 9

Section 13a:

inserted by 89, 1984, s. 10

Section 18(2):

amended by 89, 1984, s. 11(a)

Section 18(4):

amended by 89, 1984, s. 11(b)

Section 22:

amended by 89, 1984, s. 12

Section 23(6):

amended by 89, 1984, s. 13

Section 25:

amended by 89, 1984, s. 14