Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998 (NSW)
New South Wales
Marketing of Primary Products
Amendment (Rice Marketing Board)
Act 1998 No 23
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Marketing of Primary Products Act 1983 No 176 2
Schedule 1 Amendments 3
New South Wales
Marketing of Primary Products
Amendment (Rice Marketing Board)Act 1998 No 23
Act No 23, 1998
An Act to amend the Marketing of Primary Products Act 1983 to make further provision with respect to the functions of the Rice Marketing Board constituted under that Act; and for other purposes. [Assented to 3 June 1998]
| Section 1 | Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998 No 23 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Marketing of Primary Products Amendment (Rice
Marketing Board) Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Marketing of Primary Products Act 1983 No 176
The Marketing of Primary Products Act 1983 is amended as set out in Schedule 1.
Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998 No 23
Amendments Schedule 1 Schedule 1 Amendments
(Section 3 )
Part 3, Division 5
Omit “Wine Grapes Marketing Board” from the heading to the
Division.Insert instead “certain boards”.
Section 67B
Insert after section 67A:
67B Special provisions relating to Rice Marketing Board
Schedule 6 has effect.
Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Marketing of Primary Products Amendment (Rice
Marketing Board) Act 1998
Schedule 4, Part 6 Insert after Part 5:
Part 6 Provisions consequent on enactment of
Marketing of Primary Products Amendment
(Rice Marketing Board) Act 199816 Previous appointments, agreements and exemptions not affected
Except as specifically provided in Schedule 6, no provision of that Schedule applies to, or affects the validity or duration of
(a) any appointment made, or (b) any agreement entered into or renewed, or (c) any exemption granted, before the commencement of the provision concerned.
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Schedule 6
Insert after Schedule 5:
Schedule 6 Special provisions relating to Rice
Marketing Board
(Section 67B)
Part 1 Preliminary 1 Purpose of Schedule
The purpose of this Schedule is to make further provision with respect to the exercise of functions by the Rice Marketing Board for the State of New South Wales as a marketing board under Part 3 of this Act.
2 Definitions
In this Schedule:
Board means the Rice Marketing Board for the State of
New South Wales constituted as a board under this Act.
3 Application
(1)
This Act (other than this Schedule) and, in particular, Part 3 of this Act, have effect subject to this Schedule.
(2)
The provisions of this Act (other than this Schedule) that apply with respect to the Board apply with such modifications as are necessary for the purposes of this Schedule and with such modifications (if any) as may be prescribed by the regulations.
Part 2 General functions of Board 4 Appointment of authorised agents and buyers
(1) A person appointed as:
(a)
an authorised agent by an order of the Board under section 50 ( l ) , or
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(b) an authorised buyer by an order of the Board under section 51 (l), may exercise the functions of authorised agent or authorised buyer (as the case may be) for such term (not exceeding 4 years) as may be specified in the order, unless the order is rescinded before the expiration of that term.
(2) The unexpired term of an order under section 50 (1) or 51 (1) may, by written agreement between the Board and the appointee, be extended by one year:
(a) in the case of an order specifying a term of one year or less: (i) at any one time before the expiration of the term, and
(ii) on the first (and each subsequent) anniversary of the date on which the term is extended under subparagraph (i), and
(b)
in the case of an order specifying a term exceeding one year—on the first (and each subsequent) anniversary of the date of the order,
unless the order is sooner rescinded.
(3) A fresh agreement is required for each extension. (4)
An order of the Board under section 50 (1) or 51 (1) is not to be rescinded unless the Minister approves of the proposed rescission.
5 Agreements between Board and authorised agent or
buyer
(1)
An agreement that the Board enters into under section 50 (4) with an authorised agent, or section 51 (4) with an authorised buyer, may be for such term (not exceeding 4 years) as is specified in the agreement.
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(2) The unexpired term of an agreement under section 50 (4) or 51 (4) may, by further written agreement between the parties, be extended by one year:
(a) in the case of an agreement specifying a term of one year or less: (i) at any one time before the expiration of the term, and
(ii) on the first (and each subsequent) anniversary of the date on which the term is extended under subparagraph (i), and
(b)
in the case of an agreement specifying a term exceeding one year—on the first (and each subsequent) anniversary of the date of the agreement,
unless the agreement is sooner terminated.
(3) A fresh further agreement is required for each extension. (4)
An agreement under section 50 (4) or 51 (4) is not to be terminated unless the Minister approves of the proposed termination.
6 Exemption by Board
(1) An exemption granted by the Board under section 57 may be granted for such term (not exceeding 4 years) as may be specified in the instrument of exemption. (2) The unexpired term of an exemption granted under
section 57 may be extended by one year:
(a) in the case of an exemption granted for a term of one year or less: (i) at any one time before the expiration of the term, and
(ii) on the first (and each subsequent) anniversary of the date on which an extension is granted under subparagraph (i), and
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(b) in the case of an exemption granted for a term exceeding one year—on the first (and each subsequent) anniversary of the date of the granting of the exemption,
unless the exemption is sooner revoked.
The Board is to grant any such extension by notification published in the Gazette or in a newspaper circulating in the area of the Board, or by a notice in writing to the exempted producer.
Despite section 57 (3), an exemption granted by the Board under section 57 is not to be revoked unless the Minister approves of the proposed revocation.
exemption granted by means of the Notice of Exemption Subclause (4) extends to apply to and in respect of the signed for and on behalf of the Board by its Chairman and Secretary on 10 February 1998 and published in
Gazette No 52 of 13 March 1998 at page 1537.7 Specific authorisation for section 51 of Trade Practices
Act 1974 (Cth) and Competition Code
Without affecting the generality of section 164 (Authorisations for section 51 of Trade Practices Act 1974 (Cth) and Competition Code), the following are, up to and including 31 January 2004, specifically authorised by this Act for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales:
(a)
anything done, by or on behalf of the Board or any appointee of the Board under Part 3, in the exercise of any function in accordance with that Part or this Schedule, and
(b)
anything done under any agreement or arrangement entered into by or with the Board under Part 3 or this Schedule, and
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(c)
anything done under the agreement made on 17 December 1985 between the Board and Ricegrowers’ Co-operative Limited (relating to the whole of the annual New South Wales rice crop), as renewed and in force from time to time.
[Minister’s second reading speech made in—
Legislative Assembly on 20 May 1998
Legislative Council on 27 May 1998]
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