Farm Produce Agents Act and Another Act Amendment Act 1982 (Qld)

1038 f t motsub ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 77 of 1982 An Act to amend the Farm Produce Agents Act 1964-1974 and the Fruit Marketing OrganisationAct 1923- 1980 each in certain particulars [ASSENTED TO 16TH DECEMBER, 1982]

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1039 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART' I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Farm Produce Agents Act and Another Act Amendment Act 1982. 2. Commencement . (I) Section I and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section I and this section) shall commence; or (b) appoint dates on which the provisions (other than section I and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-AMENDMENTS OF FARM PRODUCE AGENTS ACT 1964-1974 (ss. 4-39) ; PART III-AMENDMENTS OF FRUIT MARKETING ORGANISATION ACT 1923-1980 (ss. 40-42); PART ll-AMENDMENTS OF FARM PRODUCE AGENTS ACT 1964--1974 4. Principal Act and citation as amended . (I) In this Part, the Farm Produce Agents Act 1964-1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Farm Produce Marketing Act1964-1982. 5. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by-- (a) omitting the definition " Court " and substituting the following definition:-- Court "-A magistrates court constituted under the MagistratesCourts Act1921-1976; "; (b) in the definition " Deputy Registrar " omitting the word " agents " where it twice occurs and substituting the words " commercial sellers ";

1040 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 (c) omitting the definition " District " and substituting the following definition:- DDiissttrricict t "-A district for the time being appointed for the purposes of Magistrates Courts or deemed to be a Magistrates Courts District appointed under the Justices Act1886-1982; (d) omitting the definition " Farm Produce " and substituting the following definition:- " " Farm Produce "-Any fruit or vegetables (including potatoes, pumpkins, onions and swede turnips) and any other article or class of articles declared by the Governor in Council by Order in Council to be farm produce for the purposes of this Act; "; (e) inserting after the definition " Farm Produce Agent " the following definitions:- " Farmm Produce Commercial Seller "-Any person who carries on, or advertises or notifies that he carries on business as a farm produce agent or a farm produce merchant; " Farm Produce Merchant "-Any person who (whether or not that person carries on any other business) purchases or advertises or notifies that he purchases farm produce from the person by whom it was actually produced for resale other than by retail: The term does not include the Cannery Board constituted under the Fruit Marketing Organisation Act1923-1980; " Fidelity Bond "-An agreement of any form whatever under which a person holds himself bound to honour the liabilities of the holder of a license in the circumstances agreed to; "; (f) in the definition " Insurer " inserting after the word " (Queensland) " the words "and any other person with whom the holder of a license maintains a fidelity bond "; (g) in the definition " License " omitting the word " agent's " and substituting the words " commercial seller's "; (h) in the definition " Registrar " omitting the word " agents " where it twice occurs and substituting the words " commercial sellers ". 6. Amendment of s. 6 . Registrar . Section 6 of the Principal Act is amended by- (a) in subsection (1) omitting the word " agents " and substituting the words " commercial sellers "; (b) in subsection (2)- (i) omitting the word " agents " and substituting the words commercial sellers "; (ii) omitting the word " officers " and substituting the words " inspectors and officers ".

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1041 7. Amendment of s. 7. Application for farm produce agent's license. Section 7 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word " agent 's " and substituting the words " commercial seller's "; (b) in subsection (1) omitting the word " agent's " and substituting the words " commercial seller's "; (c) in subsection (2) (d) (ii) inserting after the word " insurer " the words " or a certificate signed by the registrar stating that he is satisfied that the applicant is to operate solely in the capacity of a farm produce merchant "; (d) omitting subsection (2) (d) (iii) and substituting the following paragraph:- (iii) in respect of a corporation a certified copy of its certificate of incorporation; "; (e) in subsection (2) (d) (iv) inserting after the words " that business name " the words " or such other evidence of application for registration as is acceptable to the clerk of the court provided that the certificate of registration shall be lodged as soon as possible thereafter with the clerk of the court "; (f) inserting after the word " court " as inserted by this Act in subsection (2) (d) (iv) the following expression and subparagraph:- 11 (v) in respect of a corporation trading under a business name, that set out in subparagraphs (iii) and (iv) "; (g) in subsection (3)- (i) inserting after the word " license " where it first occurs the words " or have his name endorsed as an incoming member on a license in accordance with subsection (9) "; (ii) omitting from paragraph (c) the words " ten shillings in the pound " and substituting the words " fifty cents in the dollar "; (h) in subsection (8) omitting from paragraph (b) the word " agent " and substituting the words " commercial seller "; (i) in subsection (10) omitting the word " agent " and substituting the words " commercial seller ". 8. Amendment of s. 8. Renewal of license . Section 8 of the Principal Act is amended in subsection (1) by omitting paragraph (a) and substituting the following paragraphs :- " (a) a certificate, in the form prescribed, of the renewal of the fidelity bond in respect of the applicant or a certificate signed by the registrar within 30 days prior to the lodgment of the application for renewal stating that the registrar is satisfied that the applicant is to operate solely in the capacity of a farm produce merchant;

1042 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 (aa) evidence of the current registration of the business name in which the application is made (if applicable); and ". 9. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- " 8A. Offence not to hold fidelity bond . (1) A person who has obtained the certificate signed by a registrar pursuant to section 7 (2) (d) (ii) or section 8 (1) (a) and subsequently intends to trade in the capacity of a farm produce agent shall, before he trades in that capacity, obtain the prescribed fidelity bond from an insurer and forward it to the registrar. (2) Any person who contravenes or fails to comply with subsection (I) shall be liable to a penalty not exceeding $2 000.". 10. Amendment of s. 17. Appointment of substitute by licensee. Section 17 of the Principal Act is amended by- (a) in subsection (7) omitting the word " agent " wherever occurring and substituting the words " commercial seller "; (b) inserting after subsection (9) the following subsection:- " (10) The power and authority of the Minister to forfeit a fidelity bond pursuant to subsection (9) includes power and authority to require an insurer to honour the liabilities of the licensee to the maximum amount of the fidelity bond and the insurer shall, when requested to do so by the Minister, pay the amount required as directed by him.". 11. Amendment of s. 18 . Death or insolvency of licensee . Section 18 of the Principal Act is amended in subsection (2) by omitting the word " agent " and substituting the words " commercial seller ". 12. Amendment of s. 20 . Certain persons not to be employed by licensee. Section 20 of the Principal Act is amended in subsection (7) by omitting the word " agent's " and substituting the words " commercial seller's ". 13. Amendment of s. 21 . Carrying on business without license. Section 21 of the Principal Act is amended by- (a) in subsection (I )- (i) omitting the word " agent " and substituting the words " commercial seller ": (ii) omitting the word " agent's " and substituting the words " commercial seller's ": (b) in subsection (2)- (i) omitting from the first paragraph the word " agent's " and substituting the words " commercial seller's ": (ii) omitting the word " agent " wherever occurring and substituting the words " commercial seller ":

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1043 (iii) omitting the words " one hundred pounds " and substituting the expression " $1 000 ". 14. Repeal of s. 22 and new ss. 22- 22C. Restriction on agent, &c., purchasing consignments . Section 22 of the Principal Act is repealed and the following sections substituted:- " 22. Restriction on Farm Produce Commercial Seller Purchasing Consignments . (1) Subject to this section and section 22B, it shall not be lawful for- (a) any farm produce commercial seller acting in the capacity of a farm produce agent, whether directly or indirectly by himself or by any partner or employee of his, to purchase or be in any way concerned or beneficially interested in the purchase of any farm produce placed in his hands or in the hands of any corporation, partnership or firm of which he is a director, member or employee for sale by any principal; (b) any employee of a farm produce commercial seller acting in the capacity of a farm produce agent to purchase or be in any way concerned in the purchase of farm produce placed in his employer's hands for sale by the owner thereof. (2) Where any offence against subsection (1) has been committed by any of the persons referred to therein, the farm produce commercial seller or other person shall, upon conviction, and in addition to any other penalty the court may impose, be ordered by the court to account for and pay over to the principal all profits resulting from the purchase in respect of which the offence was committed. (3) Notwithstanding the provisions of paragraph (a) of subsection (1) a farm produce commercial seller acting in the capacity of a farm produce agent may, in the circumstances prescribed (but only if such circumstances are prescribed), purchase from his principal- (a) a large and unannounced consignment which due to its size would cause market disruption if offered for sale at that time; (b) the prescribed part of any consignment remaining unsold after a prescribed period. (4) Notwithstanding the provisions of paragraph (b) of subsection (1) an employee of a farm produce commercial seller may purchase farm produce for consumption by him and his dependants. (5) Any person who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $5 000. 22A. Beneficial interest . For the purposes of section 22 a farm produce commercial seller shall be deemed to be beneficially interested in the purchase of farm produce if the person who

1044 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 purchases or on whose behalf the farm produce is purchased is any of the following:- (a) The spouse or a parent or child of that farm produce commercial seller; (b) a corporation (not being a corporation consisting of more than. 100 members), body or association of persons, firm or partnership, carrying on business for profit or gain. whereof the farm produce commercial seller or the spouse, a parent or child of the farm produce commercial seller is a member or, where the farm produce commercial seller is itself a corporation, that corporation and the corporation that purchases or on whose behalf the farm produce is purchased have one or more members in common or one or more directors in common or a common manager, secretary or other officer or that corporation is a member of the corporation that purchases or on whose behalf the farm produce is purchased: (c) in the case of a corporation that is a farm produce commercial seller, any member thereof, or the spouse, a parent or child of any member thereof; (d) in the case of a farm produce commercial seller employed as such by a corporation, that corporation, a member of that corporation employed by it in any business carried on by it, the spouse, a parent or child of such a member, or, if that corporation consists of not more than 100 members, any member thereof, or the spouse, a parent or child of any member thereof: (e) in the case of a farm produce commercial seller carrying on business as such as a member of a firm or partnership, any other person who is a member of that firm or partnership, or the spouse, a parent or child of such. person: (f) any person carrying on for profit or gain a business the income wherefrom or the profits whereof that farm produce commercial seller or the spouse, a parent or child of that farm produce commercial seller has directly or indirectly a right to participate; (g) the spouse or a parent or child of an employee of the farm produce commercial seller. 22B. Requirement to register associated persons . (I) Where a farm produce commercial seller acting in the capacity of a farm produce agent intends to sell farm produce to, or to a person or persons on behalf of, a natural person, corporation, firm, partnership, body or association of persons referred to in section 22A, hereinafter referred to as the " associated persons ", so that upon purchase by or on behalf of such associated persons the farm produce commercial seller is deemed to be beneficially interested pursuant to section 22n, the farm produce commercial seller shall supply the registrar with a list of such associated persons (specifying

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1045 the categories into which they fall as set out in section 22A and such other information as the registrar may require) and the registrar may if he sees fit register the names supplied. (2) Names of associated persons may be- (a) added to or removed from the register by the registrar from time to time at the request in writing of the farm produce commercial seller; (b) removed from the register by the registrar as he sees fit provided that where the registrar removes a name he shall upon request supply to the farm produce commercial seller his reasons for removing that name. (3) A farm produce commercial seller acting in the capacity of a farm produce agent may sell farm produce to an associated person and an associated person may purchase that farm produce if- (a) the name of such associated person has been and is currently registered with the registrar in accordance with this section; and (b) the farm produce commercial seller has not received notification in the prescribed form from his principal directing that his farm produce not be sold to an associated person of the farm produce commercial seller, and not otherwise. (4) An associated person (and in the case of a body or association of persons, firm or partnership, a member or members thereof) shall as soon as possible after a request by the registrar supply him with all books of accounts and other records requested by him which relate to the sale and purchase of farm produce. (5) Any person who contravenes or fails to comply with this section shall be liable to a penalty not exceeding S5 000. 22C. Restriction on use of premises . (l) A farm produce commercial seller shall not, except with the prior written approval of the registrar. use the premises from which he conducts his business as a farm produce commercial seller for any purpose other than the sale of farm produce. (2) A person (other than the farm produce commercial seller) shall not pack, repack or sell farm produce on the premises of the farm produce commercial seller except on his behalf and shall not retain any moneys from the sale of the farm produce." 15. Repeal of and new s. 23. Purchase of farm produce . Section 23 of the Principal Act is repealed and the following section substituted:-- " 23. Purchase of farm produce . (I) A farm produce commercial seller acting in the capacity of a farm produce merchant shall not purchase any farm produce from the person by whom it was

1046 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 actually produced unless at the time of purchase of the farm produce or before the delivery of the farm produce, whichever is the earlier, the price for which he purchases the farm produce or the method of determination of the price of the farm produce has been definitely fixed and agreed and is not to be ascertained by reference to any other transaction of the farm produce commercial seller. (2) Any farm produce commercial seller who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000 for a first offence and to a penalty not exceeding $5 000 for a second or subsequent offence.". 16. Repeal of and new s. 24. Farm produce merchant . Section 24 of the Principal Act is repealed and the following section substituted :- " 24. Purchase memorandum note or other record . (1) Every farm produce commercial seller acting in the capacity of a farm produce merchant who purchases for resale any farm produce from the person by whom it was actually produced shall complete at the time of purchase or before delivery, whichever is the earlier, a purchase memorandum note in the prescribed form or a record in.a form approved by the registrar and shall retain the note or the record at his principal place of business as a farm produce commercial seller for such time as is prescribed. (2) Any farm produce commercial seller who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000 for a first offence and to a penalty not exceeding $5 000 for a second or subsequent offence.". 17. Amendment of s. 25. Account of moneys received and their application . Section 25 of the Principal Act is amended by- (a) in subsection (1) omitting the words " agent shall within fourteen days " and substituting the words " commercial seller acting in the capacity of a farm produce agent shall within the prescribed period "; (b) in subsection (2)- (i) omitting the word " agent " and substituting the words " commercial seller acting in the capacity of a farm produce agent "; (ii) omitting the words " one hundred pounds " and substituting the expression " $2 000 ". 18. Repeal of and new s. 26. Payment to vendor by agent. Section 26 of the Principal Act is repealed and the following section substituted:- " 26. Payment to vendor by farm produce commercial seller. (1) Every farm produce commercial seller acting in the capacity of a farm produce agent shall within the prescribed period after the sale of any farm produce, pay to his principal or to such person as the principal may in writing direct, the amount due to the principal in respect of that sale notwithstanding the fact that the farm produce commercial seller may not have received the proceeds of the sale.

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1047 (2) Every farm produce commercial seller acting in the capacity of a farm produce merchant shall within the prescribed period after the sale of any farm produce or within such period as is otherwise agreed between the parties (which agreement shall be evidenced in writing) pay to the vendor or to such person as the vendor may in writing direct, the amount due to the vendor in respect of that sale. (3) Any farm produce commercial seller who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000. If he is charged with and convicted of contravening or failing to comply with this section fraudulently he shall be liable- (a) upon conviction in summary proceedings to imprisonment for six months or to a fine of $5 000 or to both such fine and imprisonment: (b) upon conviction on indictment to imprisonment for five years or to a fine of $5 000 or to both such fine and imprisonment. (4) If the farm produce commercial seller convicted of a contravention of or failure to comply with this section is a licensee and the court by which he is convicted thinks that the circumstances of the case warrant the cancellation or suspension of his license it may order that his license be cancelled or suspended for a period specified by the court, whereupon the license in question, where it is ordered to be cancelled shall cease to be in force or, where it is ordered to be suspended, shall cease to be in force for the period specified by the court.". 19. Amendment of s. 27. Payment of moneys to principal . Section 27 of the Principal Act is amended by-- (a) omitting the word " agent " wherever occurring and substituting the words " commercial seller (b) omitting the words " one hundred pounds " and substituting the expression " $2 000 20. Repeal of s. 28 . Fraudulently disposing of property . Section 28 of the Principal Act is repealed. 21. Amendment of s. 29 . When bond may be forfeited . Section 29 of the Principal Act is amended by- (a) in subsection. (2), omitting the word " agent's " and substituting the words " commercial seller's (b) inserting after subsection (2) the following subsection:- " (3) The power and authority of the Minister to forfeit a fidelity bond pursuant to subsection (I) includes power and authority to require an insurer to honour the liability of the licensee to the maximum amount of the fidelity bond and the insurer shall, when requested to do so by the Minister, pay the amount required to him.".

1048 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 22. Repeal of s. 30 and new ss . 30 and 30A. Trust Account. Section 30 of the Principal Act is repealed and the following sections substituted:- " 30. Banking of moneys . (1) Subject to this section a farm produce commercial seller shall open and maintain an account to be called the " Farm Produce Trust Account " and all moneys received by a farm produce commercial seller in respect of the sale or disposal of any farm produce shall forthwith upon receipt thereof by him be paid into that account. (2) Subject to section 26, a farm produce commercial seller shall draw against his Farm Produce Trust Account only in respect of the matters set out hereunder- (a) in payment of the expenses, commission and other charges of or incidental to the sale or disposal of farm produce which are authorized by this Act; (b) in payment of any moneys owing to the farm produce commercial seller by the person on whose behalf sale or disposal was carried out; (c) in payment of any moneys paid or advanced by the farm produce commercial seller to the person on whose behalf sale or disposal was carried out; (d) in payment by the farm produce commercial seller to the person on whose behalf sale or disposal was carried out, of any moneys remaining from the sale or disposal after payment of the moneys hereinbefore specified ; (e) in payment to the farm produce commercial seller or the person from whom he purchased farm produce in respect of farm produce sold or disposed of by the farm produce commercial seller acting in the capacity of a farm produce merchant, provided that a farm produce commercial seller shall not draw against his farm produce trust account in accordance with paragraph (e) where such withdrawal would or would be likely to prejudice any payment due in accordance with paragraph (d). (3) A farm produce commercial seller may invest moneys in the Farm Produce Trust Account for the period prior to the time they are required to be paid out of the Farm Produce Trust Account in accordance with this Act in short-term investments approved by the Treasurer and the interest thereon shall be the property of the farm produce commercial seller. (4) A farm produce commercial seller shall not draw against or cause any payment to be made from his Farm Produce Trust Account unless such drawing is in accordance with this Act and made by or on his cheque and where the cheque is in respect of a payment to the person on whose behalf such sale or disposal was carried out that cheque requires payment to be made to or to the order of the person to whom the sum for which that cheque is d11 rnaowtnneisgoptaiaybalbele", . is crossed, and bears across its face the words

Farrn Produce Agents Act and Another Act Amendment Act 1982, No. 77 1049 (5) A farm produce commercial seller shall immediately notify the registrar in writing should the Farm Produce Trust Account kept by him not be able to meet all payments which have become due to persons on whose behalf sale or disposal has been carried out. (6) Every farm produce commercial seller shall, within fourteen days after any bank account is opened by him in accordance with this section, notify the registrar in writing of- (a) the name and branch of the bank at which the account is to be kept; (b) the name and number of the account; and (c) the names of the persons authorized to operate on the account. The farm produce commercial seller shall, within fourteen days after any change in the particulars set out in paragraphs (a), (b) and (c), notify the registrar in writing of that change. (7) A farm produce commercial seller shall, if required by the registrar produce the books, statements and papers relating to the account opened by him in accordance with this section, showing the state of the account at the date when production is required or showing the state of the account at any time during the period of twelve months prior to that date. (8) Moneys paid into the account required to be kept in accordance with this section shall not in respect of moneys owed by the farm produce commercial seller acting in his capacity as a farm produce agent be available for payment of the debt of any creditors of the farm produce commercial seller or be liable to be attached or taken in execution under the order or process of any court at the instance of any such creditor. (9) For the purposes of this section " bank " shall mean a bank carrying on business under the authority of a statute of the Parliament of Queensland or of the Commonwealth. (10) A farm produce commercial seller who acts exclusively in the capacity of a farm produce merchant may apply to the registrar for exemption from maintaining a Farm Produce Trust Account and where the registrar is satisfied that the farm produce commercial seller acts exclusively in that capacity he may exempt (in writing) the farm produce commercial seller from the requirements of maintaining a Farm Produce Trust Account. (I I) An exemption granted pursuant to subsection (10) -- (a) may be withdrawn at any time by the registrar by written notification sent by post to the last known address of the farm produce commercial seller: (b) shall apply only while and for so long as the farm produce commercial seller acts exclusively in the capacity of a farm produce merchant. 34

1050 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 (12) Any farm produce commercial seller who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000. If he is charged with and convicted of contravening or failing to comply with this section fraudulently he shall be liable- (a) upon conviction in summary proceedings to imprisonment for six months or to a fine of $5 000 or to both such fine and imprisonment; (b) upon conviction on indictment to imprisonment for five years or to a fine of $5 000 or to both such fine and imprisonment. (13) If the farm produce commercial seller convicted of a contravention of or failure to comply with this section is a licensee and the court by which he is convicted thinks that the circumstances of the case warrant the cancellation or suspension of his license it may order that his license be cancelled or suspended for a period specified by the court, whereupon the license in question, where it is ordered to be cancelled shall cease to be in force or, where it is ordered to be suspended, shall cease to be in force for the period specified by the court. 30A. Level of funds to be maintained . (1) A farm produce commercial seller shall at all times ensure that the aggregate amount of- (a) moneys invested from his Farm Produce Trust Account pursuant to section 30; and (b) moneys standing to the credit of his Farm Produce Trust Account in respect of farm produce sold on behalf of a principal; and (c) the prescribed percentage of moneys payable to the farm produce commercial seller on account of farm produce sold or disposed of, exceeds the amount which is then due by the farm produce commercial seller to the principals on whose behalf farm produce has been sold or disposed of by him in his capacity as a farm produce agent. (2) For the purpose of arriving at the percentage referred to in paragraph (c) of subsection (1) different percentages may be prescribed for different classes of moneys payable to the farm produce commercial seller and the amounts arrived at in respect of each class added together. (3) A farm produce commercial seller shall, at the request of the registrar, establish to his satisfaction that the provisions of this section have, at the date of the request or at any specified date within the previous twelve months been complied with. (4) Any farm produce commercial seller who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000.

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1051 If he is charged with and convicted of contravening or failing to comply with this section fraudulently he shall be liable- (a) upon conviction in summary proceedings to imprisonment for six months or to a fine of $5 000 or to both such fine and imprisonment; (b) upon conviction on indictment to imprisonment for five years or to a fine of $5 000 or to both such fine and imprisonment. (5) If the farm produce commercial seller convicted of a contravention of or failure to comply with this section is a licensee and the court by which he is convicted thinks that the circumstances of the case warrant the cancellation or suspension of his license it may order that his license be cancelled or suspended for a period specified by the court, whereupon the license in question, where it is ordered to be cancelled shall cease to be in force or, where it is ordered to be suspended, shall cease to be in force for the period specified by the court.". 23. Amendment of s. 31. Duty of bank manager. Section 31 of the Principal Act is amended by- (a) omitting the word " agent " and substituting the words " commercial seller "; (b) omitting the words " one hundred pounds " and substituting the expression " $500 ". 24. Amendment of s. 32 . Inspection, audit , & c., by registrar, &c. Section 32 of the Principal Act is amended by- (a) omitting the word " agent " wherever occurring and substituting the words " commercial seller "; (b) in subsection (5) omitting the final paragraph commencing with the words "A person guilty "; (c) omitting subsection (9) and substituting the following subsections :- " (9) The registrar, the deputy registrar, an inspector or any person authorized by the, -Minister may-. compida reports as a result of any inspection, examination or audit carried out pursuant to this section (including reports in relation to the price for which farm produce is sold) and the registrar may advise any person of the findings of any inspection, examination or audit as he sees fit and in the case of reports in relation to the price for which farm produce is sold publish any such report. (10) Any person who contravenes or fails to comply with this section shall be liable to a penalty not exceeding $2 000.". 25. Amendment of s. 33. Audit of trust accounts , &c. Section 33 of the Principal Act is amended by- (a) omitting the words " produce agent " wherever occurring and substituting the words " produce commercial seller ";

1052 Farm Produce Agents Act and Another Act Antendme77t Act 1982, No. 77 (b) inserting after subsection (I) the following subsection:- " (IA) (a) A farm produce commercial seller shall not be required to comply with the provisions of subsection (I) if he has not acted in the capacity of a farm produce agent since his trust account was last audited pursuant to this Act or since he commenced to carry on business as a farm produce commercial seller if no audit has been required by this Act since that time. (b) A farm produce commercial seller who has not acted in the capacity of a farm produce agent as set out in paragraph (a) shall lodge a statutory declaration to this effect with the registrar. (c) in subsection 3 (c) omitting the words " one hundred pounds " and substituting the expression " SI 000 (d) in subsection (6) omitting the words " one hundred pounds and substituting the expression " SI 000 ". 26. Amendment of s. 34 . Entries in agent ' s book deemed made by him. Section 34 of the Principal Act is amended by-- (a) in the note appearing in and at the beginning of the section omitting the word " agent 's " and substituting the words " commercial seller's ", (b) in subsection (I) omitting the word " agent " where twice occurring and substituting the words " commercial seller ". 27. Amendment of s. 35 . Books, & c., to be kept. Section 35 of the Principal Act is amended by omitting the word " agent wherever occurring and substituting the words " commercial seller ". 28. Amendment of s. 36. Registered office of licensee . Section 36 of the Principal Act is amended by (a) in subsection (2) omitting the word "Agent " and substituting the words " Commercial Seller "; (b) omitting subsection (5) and substituting the following subsection:- " (5) Any farm produce commercial-seller who -publishes any advertisement (whether in a newspaper or otherwise) in connection with his business as a farm produce commercial seller without specifying the name under which he is licensed as a farm produce commercial seller and the address of the principal place of business shall be liable to a penalty not exceeding 5500.". 29. Amendment of s. 37. Inspection by owner. Section 37 of the Principal Act is amended by-- (a) omitting the word " It " where it first occurs and substituting the words " Provided that the written permission of the registrar is first obtained it "; (b) omitting the word " agent " wherever occurring and substituting the words " commercial seller ";

Farm Produce Agen1.r Act antiAnouhcr Act Anrenclmenl Act 1982, No. 77 1053 (c) omitting the word "agent's'' and substituting the words commercial seller's 30. Amendment of s. 38 . Restriction on remedy for commission. Section 38 of the Principal Act is amended by- (a) in subsection (I)-- (i) omitting the word " agent " where it first occurs and substituting the words " commercial seller acting in the capacity of a farm produce agent (ii) in paragraph (a) omitting the word " agent " and substituting the words " commercial seller (b) in subsection (2) omitting the word " agent " where it first occurs and substituting the words " commercial seller 31. Amendment of s. 39 . Offence to demand excess or improper remuneration . Section 39 of the Principal Act is amended by-- (a) omitting the word " agent " wherever occurring and substituting the words '' commercial seller": (h) omitting the words " of not less than five pounds nor more than fifty pounds ' and substituting the words and expression " not exceeding SI 000 32. Amendment of s. 40 . Prohibition of contracting out. Section 40 of the Principal Act is amended by omitting the word " agent " wherever occurring and substituting the words " commercial seller 33. Amendment of s. 41 . Register . Section 41 of the Principal Act is amended by omitting the word " agents " and substituting the words '' commercial sellers 34. Amendment of s. 44 . Civil remedies not affected . Section 44 of the Principal Act is amended by omitting the word " agent " and substituting the words " commercial seller ". 35. Amendment of s. 45. Destruction of farm produce . Section 45 of the Principal Act is amended by-- (a) in subsection (I) omitting the word " agent where it first occurs and substituting the words " commercial seller (b) omitting subsection (2) and substituting the following subsection:- (2) Where a farm produce commercial seller acting in the capacity of a farm produce agent has cast away farm produce and requires that casting away to be evidenced and an appropriate adjustment made in the account sales docket then he shall, it' so requested by the grower, supply to that grower a certificate from an officer of the Department of Primary Industries or the Department of Health showing the casting away to have been at

1054 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 the direction of or with the consent of an officer of the Department of Primary Industries or the Department of Health pursuant to any Act administered by the Minister for Primary Industries or the Minister for Health as the case may be.". 36. Repeal of s. 46. Books to be kept by farm produce merchant. Section 46 of the Principal Act is repealed. 37. Amendment of s. 48. Offences and penalties . Section 48 of the Principal Act is amended by- (a) in subsection (2) omitting the words " one hundred pounds " and " one month " and substituting the expression and words " $1000 " and " three months " respectively; (b) in subsection (3) omitting the words " twenty pounds " and substituting the expression " $200 ". 38. New s. 49A. The Principal Act is amended by inserting after section 49 the following section:- " 49A. Advisers . (1) The Minister may select a person or persons to advise him on any matter which may arise in relation to this Act. (2) The person or persons referred to in subsection (1) shall be paid such fees and allowances, if any, as the Minister from time to time determines.". 39. Amendment of s. 50 . Regulations . Section 50 of the Principal Act is amended by- .(a) omitting the word " agent " wherever occurring and substituting the words " commercial seller "; (b) omitting the word " agents " wherever occurring and substituting the words " commercial sellers "; (c) in subsection (4) inserting after paragraph (viii) the following paragraph:- " (viiia) prescribing the persons who shall be entitled to complete documentation to be furnished with farm produce forwarded to a farm produce commercial seller and the form of, particulars to be contained in and the effect of such documentation; "; (d) in the first paragraph of paragraph (xi) of subsection (4) omitting the words " particulars as are prescribed " and substituting the words " particulars as are prescribed, the person or persons to whom the invoice or docket is to be delivered and the time for which a person or persons or class or classes of person shall be required to retain such invoice or docket "; (e) in paragraph (xx) of subsection (4) inserting after the word " services " the words " and the conditions in which and the extent to

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1055 which a farm produce commercial seller acting in the capacity of a farm produce agent may make deductions in respect of farm produce sold and delivered "; (f) in paragraph (xxv) omitting the words " one hundred pounds " and substituting the expression " $500 ". PART 111-AMENDMENTS OF FRUIT MARKETING ORGANISATION ACT 1923-1980 40. Principal Act and citation as amended . (1) In this Part, the FruitMarketing Organisation Act1923-1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the FruitMarketing Organisation Act1923-1982. 41. Amendment of s. 6A. Power of Committee of Direction to buy in fruit or vegetables . Section 6A of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:- "(1) The Committee of Direction is for the purposes of the Farm Produce Marketing Act1964-1982 deemed to be the holder of a farm produce commercial seller's license and shall carry on business in the name or names and at the places from time to time notified to the Registrar and in no other name and at no other place. (IA) The Farm Produce Marketing Act 1964-1982, other than sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 30, 33 and 35 shall with all necessary modifications apply to the Committee of Direction: Provided that it shall not be competent to suspend or cancel the license of which the Committee of Direction is deemed to be the holder. (1B) The Committee of Direction shall from time to time notify the registrar of every name under which it carries on or proposes to carry on business and the address of its principal place of business and every other place at which it carries on or proposes to carry on business and shall pay to the registrar the fees for which it would be liable if it made application for a license pursuant to section 7 of the Farm Produce MarketingAct1964-1982. (lc) The Committee of Direction shall enter into and maintain with an insurer within the meaning of the Farm Produce MarketingAct1964-1982 a fidelity bond within the meaning of that Act.".

1056 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 42. Repeal of s. 14A and new ss. 14A-14AD. Accounts of receipts and disbursements to be kept. Section 14A of the Principal Act is repealed and the following sections substituted:- " 14A. (I) Accounts of the Committee of Direction. The Committee of Direction shall cause books to be provided and kept, and true and regular accounts to be entered therein- (a) of all moneys received and paid by the Committee of Direction, and of all moneys owing to and by the Committee of Direction, and of the several purposes for which such moneys shall have been received and paid and owing: and (h) of all the assets and liabilities of the Committee of Direction. (2) Books may be inspected . All such books shall be open to the inspection of the Auditor-General, and any person authorised by him to inspect the same. (3) Accounts to be balanced . The Committee of Direction shall cause its accounts to be balanced every year on the last Friday in June. 14AA. Annual statements of account . (1) As soon as practicable after the last Friday in June in each year statements of account as prescribed shall be prepared in respect of the financial year then concluded by- (a) the Committee of Direction: (b) the trustees of any superannuation or provident scheme, plan or trust established pursuant to section 14c. (2) When the annual statements of account have been prepared and certified they shall forthwith thereafter be transmitted to the Auditor-General by the Committee of Direction or, as the case may be, the trustees referred to in subsection (1). (3) Until the annual statements of account have been audited and duly certified by the Auditor-General pursuant to section 14AB they shall not be sold or made available to any person other than a member of the Committee of Direction or, as the case may be, the trustees referred to in subsection (1), the Minister or the Auditor-General or a person acting in aid of the Committee of Direction, the trustees, the Minister or the Auditor-General. 14AB. Audit . (1) The books and accounts of- (a) the Committee of Direction; (b) the trustees of any superannuation or provident scheme. plan or trust established pursuant to section 14c, shall be audited by the Auditor-General who shall have, with respect to such audit, all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981.

Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 1057 (2) The Auditor-General shall certify whether the annual statements of account prepared and transmitted to him in accordance with section 14AA- (a) are in the form prescribed: (b) are in agreement with the respective books and accounts; and (c) in his opinion have been properly drawn up so as to present a true and fair view of transactions for the financial year in question and the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding. (3) The Auditor-General shall at least once in each year report the results of each audit to the Committee of Direction or, as the case may be, trustees referred to in subsection (I) and the Committee of Direction or, as the case may be, trustees shall give due consideration to all recommendations made in the respective reports. Where the Auditor-General considers that any such recommendations are of major significance, he shall forward a copy of them to the Minister. 14AC. Annual report . (I) The Committee of Direction shall, as soon as practicable after the last Friday in June in each year, prepare and furnish to the Director of Marketing Department of Primary Industries, a report on the operations of the Committee of Direction during the year ended on that date and shall include therein- (a) reports on the operation of any superannuation or provident scheme, plan or trust established in pursuance of section 14c; (b) copies of the annual statements of account referred to in section 14AA (1) certified by the Auditor-General pursuant to section 14AB (2). (2) The reports referred to in subparagraph (a) of subsection (1) shall be prepared and forwarded to the Committee of Direction as soon as practicable after the last Friday in June in each year by the trustees in question. 14AD. Accounts of other bodies . (I) All bodies other than the Committee of Direction (but including any sectional Group Committee) functioning under this Act, shall cause true and regular books and accounts to be kept of all sums of money received and paid for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid. (2) Statements of account shall be submitted to and accepted at such places and at such times as may be prescribed.

1058 Farm Produce Agents Act and Another Act Amendment Act 1982, No. 77 (3) The books and accounts of the bodies referred to in subsection (1) shall be audited by the Auditor-General who shall have with respect to those books and accounts all the powers conferred on him by the Financial Administration and Audit Act1977