Rice Marketing Act 1983 (NSW)
An Act relating to the marketing of certain primary products; to provide for the establishment of marketing boards in relation to certain of those products; to enable the making of marketing orders; to repeal the Marketing of Primary Products Act 1927; and for other purposes.
This Act is the Rice Marketing Act 1983.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(Repealed)
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) any grain, cereal, fruit (fresh, dried or canned), vegetable, livestock, meat, hay, chaff, poultry (live or dead), honey, beeswax or other product of agriculture, grazing, poultry-farming or bee-keeping in New South Wales, and
(b) any dairy produce (including butter and cheese) and any other article prepared directly from the produce of agriculture, grazing, poultry-farming or bee-keeping in New South Wales,
but does not include wool, fresh milk, eggs or any coarse grain, or oilseed.
In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
In this Act, a reference, where used in relation to a board or committee, to the commodity is a reference to the commodity for which the board or committee is constituted.
In this Act, a reference, where used in relation to a marketing order, to the commodity is a reference to the commodity to which the order relates.
Except as prescribed, a declaration of a primary product as a commodity for the purposes of this Act shall be deemed to be limited to so much of the product as is produced within the area of the board or committee to which it relates.
For the purposes of this Act, a board is associated with a product if it is, by or under this Act, authorised to exercise marketing or other functions in relation to the product.
In Part 9, a reference (however expressed) to—
(a) an authorised person is, where the reference occurs in connection with a reference to a board or committee, a reference to an authorised person for the board or committee, and
(b) a commodity is, where the reference occurs in connection with an authorised person, a reference to a commodity in relation to which a board or committee is constituted (being the board or committee for which the person is an authorised person).
A power conferred by this Act to declare a primary product to be a commodity includes a power to declare a variety, grade or class of a primary product to be a commodity.
Notes included in this Act do not form part of this Act.
The Minister may, by instrument in writing, delegate to a person employed in the Public Service the exercise of such of the functions (other than this power of delegation) conferred or imposed on the Minister by or under this Act as may be specified in the instrument of delegation, and may, by a like instrument, revoke any such delegation.
(Repealed)
The Secretary may, by instrument in writing, delegate to any person any of the Secretary’s functions under this Act, other than—
(a) any function of the Minister delegated to the Secretary under section 5, or
(b) this power of delegation.
In this Part—
Where the Minister—
(a) is satisfied, on representations made by petition to the Minister by producers of a primary product within an area that a substantial number of producers of that product within that area desire that a board should be constituted for that product within that area, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of that product on the question whether a board should be constituted for that product within that area.
Where the Minister—
(a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for all those products within that area or those respective areas, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all those products within that area or those respective areas.
Where the Minister—
(a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for such of those products within that area or those respective areas as are the subject of a successful poll, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all or some of those products within that area or those respective areas.
A proclamation under this section may not be made after the commencement of section 5 of the Agricultural Industry Services Act 1998.
If more than one-half of the enrolled producers are, at a poll referred to in section 7 (1), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of the relevant primary product to be members of the board.
If more than one-half of the producers respectively enrolled for all the relevant primary products are, at a poll referred to in section 7 (2), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of all those products to be members of the board.
If more than one-half of the producers respectively enrolled for all or some of the relevant primary products are, at a poll referred to in section 7 (3), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of those products to be members of the board.
The number of representatives to be specified in a proclamation under this section shall be 2, 3, 4 or 5.
The Governor may, by proclamation, appoint electoral districts for an election and fix the number of persons who may be elected from each such district.
A person is not entitled to be a candidate for more than one electoral district at any election.
The Governor may, by proclamation, vary or abolish any electoral district or vary the number of persons who may be elected from any such district.
A decrease in the number of elected members for an electoral district operates as from the expiration of the term of office of the then current elected members of the board concerned.
Notwithstanding subsection (4), a decrease in the number of elected members for an electoral district operates immediately, if there is, at the time the proclamation under subsection (3) takes effect, a corresponding number of vacancies in the offices of elected members for the district.
Nothing in this section authorises the number of elected members of a board to be greater than the number authorised under the other provisions of this Act.
After the first election of persons for appointment as members of a board, the Governor may, by proclamation—
(a) declare that section 11 applies for the purpose of constituting a board, with a specified corporate name, for a specified primary product and in relation to a specified area,
(b) specify the number of elected members and nominated members constituting the board, and
(c) declare that the product is a commodity for the purposes of this Act.
The primary product and area to be specified in the proclamation shall be those for or in relation to which the poll was taken and the first election was held, and the number of elected members to be specified in the proclamation shall be that specified in the relevant proclamation under section 8 for the first election.
Where a proclamation under section 10 takes effect in relation to a board, there is hereby constituted a corporation under the corporate name specified in the relevant proclamation, for the primary product so specified and in relation to the area so specified.
A board shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.
The members of a board shall be appointed by the Governor.
A board is to consist of 3 elected members and 4 nominated members.
The nominated member or members of a board shall be nominated for appointment by the Minister.
A board does not, for any purpose, represent the Crown.
The Governor may, by proclamation, specify the objects of a board referred to in the proclamation, and the board shall, as far as practicable, have regard to those objects in the exercise of the functions conferred or imposed on it by or under this or any other Act, but nothing in this subsection authorises or requires the board to contravene any provisions of this Act or of any other law.
A board—
(a) has perpetual succession,
(b) shall have a common seal,
(c) may take proceedings, and be proceeded against, in its corporate name,
(d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and
(e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the board is constituted.
Schedule 2 has effect with respect to the members of a board.
Schedule 3 has effect with respect to the procedure of a board.
(Repealed)
The Governor may, at the request or with the consent of a board, by proclamation, change the corporate name of the board.
No such change of name of a board affects any rights or obligations of the board or renders defective any legal proceedings instituted or to be instituted by or against the board, and any legal proceedings may be continued or commenced by or against the board by its new name that might have been continued or commenced by or against the board by its former name.
A board may be constituted under this Act for one or more commodities.
Where an election is to be held for a board constituted or to be constituted for more than one primary product, the Governor may, by proclamation, make such provision for the representation by election of the producers of each of the products on the board as the Governor deems proper.
Nothing in this section authorises the respective numbers of elected members and nominated members of a board to be greater than the numbers authorised under the other provisions of this Act.
For the purpose of enabling it to exercise its functions, a board may employ such staff and engage such consultants as it thinks fit.
With the approval of the Minister and upon such terms and conditions as are agreed upon, a board may make use of the services of any person employed in the Department.
With the approval of the other authority and upon such terms and conditions as are agreed upon, a board may make use of the services of any of the staff of another authority.
This Division authorises—
(a) an additional primary product to be added to the control of a board,
(b) an additional area to be added to the control of a board, or
(c) an additional primary product and an additional area to be added to the control of a board.
This Division does not authorise—
(a) a primary product to be so added in relation to an area if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence, or
(b) an area to be so added in relation to a primary product if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence.
Where the Minister—
(a) is satisfied—
(i) on representations made by petition to the Minister by producers of a primary product within an area, that a substantial number of the producers of that product within that area desire that that product or that area or both should be added to the control of a specified board, and
(ii) that this Division authorises the addition, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of that product within that area on the question whether that product or that area or both should be added to the control of that board.
If more than one-half of the enrolled producers are, at a poll referred to in section 17, in favour of the addition of a primary product or area to the control of a specified board, the Governor may, by proclamation—
(a) declare that the specified commodity, or specified area, or specified commodity and specified area, as the case may require, is or are added to the control of the board, and
(b) so far as may be relevant, declare that the product is a commodity for the purposes of this Act.
A board referred to in subsection (1) shall be deemed to have been constituted for any additional primary product and in relation to any additional area, as specified in the proclamation, in addition to the product for which and the area in relation to which it was already constituted.
Nothing in this section affects the continuity of any corporation constituted under section 11.
If the board referred to in section 17 so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each commodity for which the board is already constituted on the question mentioned in that section.
The poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 17 on the same question.
If a direction is given under this section, a declaration may not be made under section 18 unless at least one-half of the enrolled producers of each commodity for which the board is already constituted are, at the poll to be taken under this section, also in favour of the addition of the product or area to the control of the board.
Where the board is already constituted for 2 or more commodities, the poll to be taken under this section shall be a single poll of the producers of all those commodities.
This Division authorises the amalgamation of 2 or more boards—
(a) at the request of the boards concerned, or
(b) following consideration of representations invited by the Minister.
Two or more boards may, by instruments in writing under their respective seals, make a request to the Minister for action to be taken for the boards to be amalgamated.
The Minister may refuse to consider such a request unless the request is confirmed by both or all of the boards concerned, by similar instruments, within such period as the Minister determines.
The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether 2 or more specified boards should be amalgamated.
A notice published under this section shall state the time by which and the manner in which representations are to be made.
A notice may be published under this section whether or not the boards concerned have made a request under section 21, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request.
Where the Minister—
(a) is satisfied—
(i) that a request has been made, and (if required) confirmed, in accordance with section 21 by 2 or more boards, or
(ii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with that section, and after taking into consideration all representations made in accordance with section 22 on the question whether the boards should be amalgamated, action ought to be taken in the best interests of the producers concerned for the amalgamation of the boards, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, declare that the boards are amalgamated.
The proclamation declaring that boards are amalgamated shall also—
(a) declare that the individual boards are dissolved,
(b) declare that a board, with a specified corporate name, is constituted for specified primary products and in relation to specified areas,
(c) specify the number of elected members and nominated members who are to constitute the board, and
(d) declare that the products are commodities for the purposes of this Act.
The primary products and areas to be specified in the proclamation shall be those for or in relation to which the dissolved boards were constituted immediately before the dissolution, and each such product shall, by the proclamation, be identified with the same area as in the previous relevant proclamations.
When a proclamation under section 23 declaring that 2 or more boards are amalgamated takes effect—
(a) the individual boards declared by the proclamation to be dissolved are dissolved, and
(b) a person who, immediately before the dissolution takes effect, held office as a member of one of the dissolved boards—
(i) shall cease to hold office as such,
(ii) is eligible, if otherwise qualified, to be appointed as a member of the new board, and
(iii) is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office.
A board established pursuant to a proclamation under section 23 is a continuation of, and the same legal entity as, the boards dissolved pursuant to that proclamation.
Division 3 has effect as if the board declared to be constituted by a proclamation under section 23 had been declared to be constituted by a proclamation under section 10.
Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does not, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, those members are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months.
Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, such of those members as the respective boards have specified by instrument in writing under their respective seals are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months.
If the number of persons specified by the boards under subsection (2) exceeds the number of vacancies to be filled, the persons to be appointed shall be such of them as the Minister nominates.
If the number of persons specified by the boards under subsection (2) is less than the number of vacancies to be filled, or no persons are so specified, or any or all of the persons so specified are unavailable for appointment, the persons to be appointed shall be such (if any) of them as are available to be appointed and such other persons as the Minister nominates.
Any persons appointed pursuant to this section shall be deemed to be elected members of the board concerned, and shall hold office, subject to this Act, for a term not exceeding 12 months.
Subject to this section, the term of office of the members appointed pursuant to this section shall be that specified by the Governor in the relevant instrument of appointment.
A person appointed as an elected member of a board pursuant to this section is eligible (if otherwise qualified) for re-appointment in accordance with the other provisions of this Act.
This Division authorises—
(a) the removal of a commodity from the control of a board, or
(b) the removal of an area from the control of a board in relation to a commodity,
by petition of producers of the commodity.
This Division does not authorise any removal referred to in subsection (1) unless the board would, after the removal, retain control of a commodity in relation to an area.
Where the Minister—
(a) is satisfied—
(i) on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that the commodity should be removed from the control of the board, and
(ii) that this Division authorises the removal, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that area on the question whether that commodity should be removed from the control of the board.
Where the Minister—
(a) is satisfied, on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that part of that area should be removed from the control of the board, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that part of that area on the question whether that part of that area should be removed from the control of the board.
Where the Minister—
(a) is satisfied that more than one-half of the enrolled producers are, at a poll referred to in section 27, in favour of the removal of a commodity or part of an area from the control of a board, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct the board to wind up so much of its affairs as relates to the commodity or the part of the area, as the case may require.
Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs to the extent that the direction so provides.
A proclamation under subsection (1) may revoke a declaration of a primary product as a commodity for the purposes of this Act or reduce the area for which a marketing board is constituted, or both, as the case may require, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.
If the board referred to in section 27 (1) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each other commodity for which the board is constituted on the question mentioned in that subsection.
If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of the commodity within the other part of the area on the question mentioned in that subsection.
If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of—
(a) the commodity within the other part of the area, and
(b) each other commodity for which the board is constituted,
on the question mentioned in that subsection.
A poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 27 on the same question.
If a direction is given under this section, a direction may not be given under section 28 unless at least one-half of the enrolled producers referred to in the firstmentioned direction are also in favour of the removal of the commodity or part of an area from the control of the board.
The poll to be taken under subsection (1) or (3) shall be a single poll of the producers referred to in that subsection.
This Division authorises the winding up and dissolution of a board—
(a) by petition of producers of the commodity,
(b) at the request of the board itself, or
(c) on the recommendation of the Minister.
Nothing in this Division limits the operation of Part 10.
The Minister shall cause a notice to be published in the Gazette, and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of producers of the commodity, specifying the period during which a petition for the dissolution of a board may be presented to the Minister, as referred to in section 32.
A notice referred to in subsection (1) shall be published within the period of 3 months ending 3 months before the beginning of each period during which such a petition may be so presented.
Where the Minister—
(a) is satisfied—
(i) on representations made by petition to the Minister by producers of the commodity for which a board is constituted, that a substantial number of the producers desire that the board should be dissolved, and
(ii) that the petition was presented to the Minister during a permitted period, as defined in subsection (3), and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within the area in respect of which the board is constituted on the question whether the board should be dissolved.
The date for the taking of the poll may be the same as that fixed for an election of members of the board.
In this section,
A board may, by instrument in writing under its seal, make a request to the Minister for action to be taken for the board to be dissolved.
The Minister may refuse to consider such a request unless the request is confirmed by the board, by a similar instrument, within such period as the Minister determines.
The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether a particular board should be dissolved.
A notice published under this section shall state the time by which and the manner in which representations are to be made.
A notice may be published under this section whether or not the board concerned has made a request under section 33, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request.
Where the Minister—
(a) is satisfied—
(i) that more than one-half of the enrolled producers are, at a poll referred to in section 32, in favour of the dissolution of a particular board,
(ii) that a request has been made, and (if required) confirmed, in accordance with section 33 by a board, or
(iii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with section 33, and after taking into consideration all representations made in accordance with section 34 on the question of the dissolution of a board, action ought to be taken in the best interests of the producers concerned for that dissolution, and
(b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a),
the Governor may, by proclamation, direct the board to wind up its affairs.
Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs.
Notwithstanding subsection (2)—
(a) the Governor may, by proclamation, appoint any person to be liquidator for the purpose of the winding up, and
(b) the liquidator may, for that purpose, on behalf and in the name and as the act and (where necessary) under the seal of the board, bring and defend such proceedings, and do and execute such acts, deeds and things, as may be necessary.
A proclamation under subsection (3) may revoke a declaration of a primary product as a commodity for the purposes of this Act, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation.
The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of, a liquidator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board.
The members of a board may not exercise any functions as members while a person holds office as liquidator of the board.
Where the Minister is of the opinion that the affairs of a board are wound up, the Governor may, by proclamation, dissolve the board, and all money and other assets of the board shall become the property of the State and shall be dealt with and disposed of as the Governor may direct.
A petition presented to the Minister for the purposes of this Part shall be deemed not to have been presented if no action has been taken pursuant to its presentation within 12 months after the date it was presented.
Nothing in this Act shall be construed as requiring a direction to be given for a poll to be taken in consequence of the presentation of a petition to the Minister for the purposes of this Part.
Where any primary product results from a process of manufacture or treatment of an article grown or produced by a farmer, orchardist, vegetable grower, grazier, poultry farmer, apiarist or dairyman, the grower or producer of the article shall, for the purpose of any petition, poll or election under this Part, be deemed to be a producer of the product.
As soon as practicable after a proclamation under this Part is published in the Gazette directing that a poll be taken, and before the day fixed for the taking of the poll, the Secretary shall cause a report relating to the proposal to which the poll relates to be published in such manner as the Secretary considers appropriate.
The regulations may, subject to this Act, make provision for or with respect to the conduct of polls.
The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for the poll, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the poll.
A roll of producers of the primary product producing it within the relevant area shall be prepared for the poll in the prescribed manner.
Notwithstanding anything in this Part, and if the regulations so provide—
(a) the producers entitled to vote in accordance with the regulations at a poll shall be the producers having such qualifications as may be prescribed, and
(b) only those producers may vote at the poll.
The regulations may make provision for or with respect to fixing or postponing the date for the taking of a poll.
The regulations may provide that—
(a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers,
(b) it is compulsory for producers enrolled in the relevant roll of producers to vote at the poll,
(c) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and
(d) a representative referred to in paragraph (c) shall, for the purposes of enrolment and of the poll, be deemed to be a producer,
and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.
The regulations may, subject to this Act, make provision for or with respect to the election of persons for appointment as the elected members of a board.
The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for an election, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the election.
A roll of producers entitled to vote at an election shall be prepared for the election in the prescribed manner.
Notwithstanding anything in this Part, and if the regulations so provide—
(a) the producers entitled to vote in accordance with the regulations at an election shall be the producers having such qualifications as may be prescribed, and
(b) only those producers may vote at the election.
Notwithstanding anything in this Part, and if the regulations so provide—
(a) the persons entitled to be nominated as candidates for election as members of a board shall be persons having such qualifications as may be prescribed, and
(b) a person’s nomination is invalid if the person does not have those qualifications.
The regulations may make provision for or with respect to fixing or postponing the date for an election.
The regulations may provide that—
(a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers,
(b) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and
(c) a representative referred to in paragraph (b) shall, for the purposes of enrolment and of the election, be deemed to be a producer,
and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations.
Voting at an election is not compulsory.
To the extent that there is a failure to nominate a sufficient number of persons, or to the extent that an election fails for any other reason, the Governor may appoint a person or persons nominated by the Minister to be a member or members of a board, and a person so nominated shall, on being appointed, be deemed to be a person elected in accordance with the regulations.
The Governor may, if of the opinion that circumstances have arisen rendering it advisable to do so, by proclamation, remove all the members of a board from office, but they or any of them are eligible (if otherwise qualified) for re-appointment.
The Minister shall cause a report of, and the reasons for, the removal of the members of a board under this section to be laid before each House of Parliament within 14 sitting days of that House after the date of publication of the proclamation under subsection (1) in the Gazette.
For the purposes of subsection (2), sitting days shall be counted, whether or not they occur during the same session.
It shall not be lawful for any board to expend any of its funds for any purpose whatever in connection with the politics of any political party, nor shall any board become affiliated in any way whatever with any body, association or organisation having for its objects or any of its objects the support of the politics or program or aims of any political party.
Without limiting section 41, if at any time the Governor is satisfied that a board has acted in contravention of any of the provisions of subsection (1), action may be taken under that section.
The Governor may, by proclamation, appoint a person to be administrator of a board, where—
(a) all the members of the board have vacated their offices or have been removed from their offices, or
(b) all or any of the members of the board retain their offices and the Minister has certified to the Governor that the Minister is satisfied that it would be in the best interests of the board that an administrator be appointed.
The administrator of a board appointed under this section has all the functions of the board, and any act, matter or thing done or omitted to be done by the administrator shall have the same effect as if done or omitted by the board.
The Governor may, by proclamation—
(a) remove from office any person appointed as administrator under this section, and
(b) fill any vacancy in the office of administrator.
The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of a board by, an administrator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board.
The members of a board may not exercise any functions as members while a person holds office as administrator of the board.
A board may market or arrange for the marketing of the commodity vested in or delivered or to be delivered to it, and do all acts, matters and things necessary or expedient in that behalf accordingly.
It is the duty of a board, in exercising its functions under this Act, to ensure, as far as practicable, the wholesomeness and purity of the commodity in the interests of public health.
A board may arrange with a producer of the commodity produced or to be produced within the area of the board (being a part of the commodity that is not vested in the board) for the delivery of any of that commodity during such period and on such terms and conditions as the board thinks fit.
A board may arrange with a producer of a primary product produced or to be produced outside the area of the board (being a product that, if produced within the area of the board, would answer the description of the commodity) for the delivery of any of the product during such period and on such terms and conditions as the board thinks fit.
Any of the commodity or other primary product, in so far as that commodity or other primary product is the subject of an arrangement under this section, shall, subject to the terms of the arrangement, be deemed, for the purposes of this Act, to be part of the commodity for which the board is constituted.
This section does not authorise a board to enter into an arrangement with respect to a primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee.
In this section,
A board may purchase the commodity for the purpose of—
(a) marketing or using it, or
(b) providing the commodity for consumption within the area of the board, whether or not during periods of shortage,
and may market, use or provide the commodity accordingly.
This section does not authorise a board to purchase any primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee.
A board may—
(a) establish grades, classes or descriptions of the commodity, and
(b) fix the price at which, and the terms and conditions of payment under which, a grade, class or description of the commodity may be sold by wholesale.
A board may, with the approval of the Minister, and subject to any conditions for the time being approved by the Minister—
(a) establish and conduct processing or manufacturing facilities for the commodity, for use by the board or by others,
(b) process any of the commodity or manufacture products from or based on the commodity, and
(c) market any of the products so processed or products so manufactured or any by-products resulting from any such processing or manufacturing.
Nothing in this section operates to require approval for anything to be done under this section which may instead be done under any other provision of this Part.
In this section,
(a) the commodity for which the board concerned is constituted, and
(b) any product that, if produced within the area of the board concerned, would answer the description of the commodity.
A board may, with the approval of the Minister, and subject to any conditions for the time being determined by the Minister—
(a) market and otherwise deal in any other primary product,
(b) establish and conduct processing or manufacturing facilities for any other primary product, for use by the board or by others,
(c) use facilities referred to in section 48 (1) for any other primary product,
(d) process any other primary product or manufacture products from or based on any other primary product,
(e) market any of the products so processed or products so manufactured,
(f) manufacture articles or things for use in connection with marketing the commodity, any other primary product or any other product, and
(g) market any of the articles or things so manufactured.
A board may not under this section deal with a primary product that is a commodity for which another board or committee is constituted, except with the consent of the other board or of the committee.
A board may, by order in writing, appoint any person to be an authorised agent to act as the board’s agent for the purpose of exercising such of the board’s functions as may be specified in the order.
Subject to the regulations, an order under subsection (1) may impose on a person’s appointment as an authorised agent such conditions as the board considers appropriate.
Without limiting subsection (1A), such conditions may include conditions as to the circumstances in which, and the manner in which, the authorised agent may exercise the board’s functions.
Where a board appoints an authorised agent under subsection (1) for the purpose of exercising any functions of the board, those functions may be carried out by any employee, or agent, of the authorised agent who is authorised to do so by the authorised agent.
For the purposes of this Act, and if the relevant order referred to in subsection (1) so provides—
(a) an authorised agent of a board shall be deemed to deliver a portion of the commodity to the board, and
(b) the board shall be deemed to accept that portion,
in such circumstances as may be specified in the order.
A board may enter into an agreement with an authorised agent of the board for retention by the authorised agent of such part of the proceeds of the sale by the authorised agent of any of the commodity or any other product as is provided for in the agreement.
A board may, by order in writing, appoint any person to be an authorised buyer.
Subject to the regulations, the manner in which an application for appointment as an authorised buyer is to be made to a board, or dealt with by a board, is to be as determined by the board.
The regulations may make provision for or with respect to the fees payable to a board by authorised buyers and by applicants for appointment as authorised buyers.
A board may refuse to appoint a person as an authorised buyer if and only if—
(a) an earlier order appointing the person as an authorised buyer has been revoked during the previous 2 years (otherwise than at the person’s request), or
(b) the board reasonably believes that the person would not comply with the conditions to which the authorised buyer would be subject if the appointment were made.
An authorised buyer is, subject to and in accordance with the relevant order referred to in subsection (1), authorised to purchase, on the authorised buyer’s own account, from a producer of the commodity or any other person any of the commodity which that producer or other person is entitled to sell.
Where a board appoints an authorised buyer under subsection (1) the powers conferred by subsection (2) may be exercised by any employee, or agent, of the authorised buyer who is authorised to do so by the authorised buyer.
A board may enter into an agreement with an authorised buyer for payment of commission or other remuneration to the authorised buyer.
An authorised buyer may also be an authorised agent.
A person who applies to a board for appointment as an authorised buyer may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any decision made by the board with respect to the application.
A person whose appointment as an authorised buyer is varied, suspended or revoked by a board may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the board’s decision to vary, suspend or revoke the appointment.
Subsections (6) and (7) do not apply to a decision by the board to impose on a person’s appointment as an authorised buyer any condition of the kind referred to in section 51A (2).
Subject to the regulations, an order under section 51 (1) may impose on a person’s appointment as an authorised buyer such conditions as the board considers appropriate (
Without limiting subsection (1), the conditions of appointment of an authorised buyer must include a condition prohibiting, except with the board’s written approval, any sale or supply to persons outside Australia of any commodity purchased by the authorised buyer pursuant to the power conferred by section 51 (2).
An approval under subsection (2) may not authorise the sale or supply, during any period, of any commodity purchased by an authorised buyer if—
(a) another approval under that subsection authorises the sale or supply, during the same period, of the same kind of commodity purchased by some other authorised buyer, and
(b) the board has given a written undertaking to the other authorised buyer that it will not give another approval in respect of the sale or supply of that commodity during that period.
A condition of appointment may not limit the period for which a person’s appointment as an authorised buyer is to have effect.
A board may suspend or revoke a person’s appointment as an authorised buyer if and only if it is satisfied that the person has contravened a condition of appointment.
An authorised buyer who contravenes a condition of appointment (otherwise than as referred to in subsection (6)) is guilty of an offence against this Act.
Maximum penalty—200 penalty units.
An authorised buyer who sells or supplies a commodity in contravention of a condition of appointment is guilty of an offence against this Act.
Maximum penalty—2,000 penalty units.
On the application of the Minister, the Supreme Court may order a person who has sold or supplied a commodity in contravention of a condition of appointment (being a commodity purchased by the person as an authorised buyer) to pay to the Minister, for payment to the Consolidated Fund, an amount equivalent to its estimate of—
(a) the proceeds of the sale of the commodity, or
(b) the value of the commodity supplied,
as the case may be.
An order under subsection (7) may be made against a person whether or not the person has been prosecuted or convicted in respect of an offence under subsection (6).
A person who sells or supplies any commodity to a person outside Australia is guilty of an offence.
Maximum penalty—2,000 penalty units.
This section does not apply to the sale or supply of a commodity to a person outside Australia pursuant to a written approval under section 51A (2).
This section applies only in relation to the sale or supply of rice grown in New South Wales, being the commodity in respect of which the Rice Marketing Board for the State of New South Wales is constituted.
A board may act as agent for any person (including another board) for the purpose of marketing—
(a) any of the commodity which that person is entitled to sell, or
(b) with the approval of the Minister, any other primary product which that person is entitled to sell,
whether or not it was produced within the area of the board or within New South Wales, and may do all acts, matters and things necessary or expedient in that behalf accordingly.
(Repealed)
Nothing in the Property and Stock Agents Act 2002 applies to or in respect of anything done by a board in pursuance of subsection (1).
Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to marketing the relevant commodity or other product as if it were the principal.
A board may not under this section deal with the commodity for which another board or a committee is constituted, except with the consent of the other board or the committee.
A board may, with the approval of the Minister, act as agent for any persons for the purpose of purchasing equipment, machinery, seed, fertilizer or any other article or thing for use in the production of the commodity.
Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to any purchases referred to in subsection (1) as if it were the principal.
Without limiting the generality of the foregoing provisions of this Division, a board may—
(a) make such arrangements as it deems necessary with regard to sales of the commodity or any other product with which the board is associated for export or for consignment to other countries or other parts of Australia,
(b) enter into insurance contracts relating to the commodity or any other product with which the board is associated,
(c) promote and encourage the use, sale or consumption of the commodity or any other product with which the board is associated,
(d) establish and maintain laboratories and carry out research and make investigations into matters relating to the commodity and any other product with which the board is associated (including chemical, physical, bacteriological and economic research and investigations),
(e) devise and initiate as far as may be practicable improved methods of producing, marketing and using the commodity and any other product with which the board is associated,
(f) devise and initiate as far as may be practicable means to prevent or eliminate wasteful, unnecessary or unhygienic methods, practices, costs or charges in connection with producing, marketing or using the commodity and any other product with which the board is associated,
(g) enter into agreements for the use, within New South Wales or elsewhere, of any trade mark of which it is, or is entitled to be, registered as proprietor, and
(h) publish reports, information and advice concerning the producing, marketing or use of the commodity or any other product with which the board is associated.
Without limiting any other of its functions, a board may—
(a) enter into agreements with any person for or in connection with its functions, including agreements for the carrying out of works or the performance of services or the supply of goods or materials in connection with any of its functions, and
(b) enter into agreements with any person for the use of any of the equipment, machinery or facilities of the board for a purpose not itself otherwise connected with the functions of the board.
Where necessary, and without limiting any other provision of this Act, a board may return, destroy or otherwise dispose of any of the commodity.
Any of the functions of a board may be exercised—
(a) by the board,
(b) by any affiliate of the board, or
(c) by the board or such an affiliate, or both, in a partnership, joint venture or other association with other persons or bodies.
For the purpose of exercising its functions, a board may—
(a) join in the formation of any company to be incorporated, and
(b) purchase, hold, dispose of or deal with shares in, or subscribe to the issue of shares by, any company.
A board shall not do any of the things mentioned in subsection (5) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.
An affiliate of a board shall not, except with the approval of the Minister, engage in any activities which the board may not engage in.
If any function of a board may be exercised only with an approval under this Act, the function requires the same approval when exercised under an arrangement, or by a company, or in a partnership, joint venture or other association, as referred to in this section.
A board may exercise any of its functions under this Act, whether or not the function is exercised in, or the thing in respect of which the function is exercised is in or of or produced in, the area of the board or New South Wales.
In this section,
(a) a company in which the board has a controlling interest by virtue of its shareholding, or
(b) a company whose memorandum and articles of association provide that any or all of the directors of the company shall be persons who are, or who are nominated by, persons for the time being holding office as members of the board.
This section applies to the following functions of a board—
(a) its functions in relation to the commodity or any other primary product under sections 46 and 49,
(b) its function as agent under section 52 or 53,
(c) such other of the board’s functions as may be prescribed.
In so far as a board keeps accounts relating to any of its functions to which this section applies, the board shall keep separate accounts in respect of each such function.
Costs, charges and expenses incurred by a board in exercising any function to which this section applies, including such share of the general overheads of the board as the board thinks fair and proper, shall be met out of any commission or other remuneration received by the board, or out of a reserve created by the board under Part 6, in connection with the function.
Any mortgage, charge, lien, pledge, interest or trust given or created by or on behalf of a board in respect of, or in respect of financial accommodation obtained in connection with, any function to which this section applies, is, to the extent to which it is given or created in respect of any of the commodity vested in the board by the operation of this Act, and whether given or created before or after the commodity became so vested, null and void.
Where a product has been declared a commodity and a board has been constituted in respect of the commodity, the Governor, by proclamation, may—
(a) declare—
(i) that the commodity shall forthwith, upon the date of publication of the proclamation in the Gazette or on and from a later date specified in the proclamation, or upon fulfilment of such conditions as are specified in the proclamation, be divested from the producers thereof and become absolutely vested in and be the property of the board, and
(ii) that upon any of the commodity coming into existence within a time specified in the proclamation or in any subsequent proclamation it shall become absolutely vested in and be the property of the board, and
(b) make such further provision as will enable the board effectively to obtain possession of the commodity as owner and to deal with the commodity as may be deemed necessary or convenient in order to give full effect to the objects and purposes for which the board is constituted.
Upon the date of publication of the proclamation under subsection (1), or on and from the date specified in the proclamation, or upon fulfilment of the conditions specified in the proclamation, as the case may require, the commodity is absolutely vested in and is the property of the board.
Subsections (1) and (2) do not apply to a commodity referred to in section 45 (3), but upon delivery of any such commodity in accordance with the relevant arrangement, the commodity is, unless the arrangement otherwise provides, absolutely vested in and is the property of the board.
Any of the commodity vested in a board by the operation of subsection (2) or (3) and accepted by the board is so vested freed from all mortgages, charges, liens, pledges, interests and trusts affecting it, and the rights and interests of every person in the commodity are converted into a claim for payment for the commodity so accepted.
A proclamation under this section may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by the relevant board or by any other specified person or body,
or may do any combination of those things.
A board may, in such manner, in such cases and on such terms and conditions as it thinks fit or as are prescribed, exempt (either generally or in any particular case or class of cases) from the operation of section 56—
(a) such small producers of the commodity as the board thinks fit,
(b) sales of the commodity direct from producers to consumers, processors, merchants or retail vendors,
(c) such portion of the commodity as the producer may require for the producer’s own use for food for the producer’s family or livestock, or for seed, or for other prescribed purposes, and
(d) such other sales and purchases or receipts of the commodity as may be prescribed.
The board’s decision as to whether any specified person, article or thing falls within the limits of any such exemption is final.
The board may revoke any such exemption by notice in writing signed by the secretary or other authorised officer of the board. The notice—
(a) in the case of an exemption applying in relation to a specified producer or producers—is to be given to the producer or producers, or
(b) in any other case—is to be published in the Gazette and in such other manner as is approved by the Minister having regard to the object of bringing notices of that kind to the attention of any persons directly affected by the relevant revocations.
An exemption may be granted under this section on a condition that requires payment to the board of such amounts of money as are specified or referred to in the condition.
Notwithstanding subsection (1), where an exemption is granted on a condition referred to in subsection (4) and an amount of money specified or referred to in the condition has not been paid prior to the sale of the commodity—
(a) the exempted producer shall be deemed to act as agent for the board in respect of the portion of the commodity which on sale realizes an amount of money equal to that required to be paid to the board in accordance with the condition, and
(b) section 56 shall be deemed to remain operative in respect of that portion of the commodity,
until payment, or recovery under subsection (6), of the amount of money specified or referred to in the condition.
So much of any amount of money realized by a producer acting as agent for the board under subsection (5) as does not exceed the amount of money owed to the board pursuant to a condition referred to in subsection (4) may be recovered by the board as a debt due in any court of competent jurisdiction.
Nothing in subsection (5) affects the relationship between a producer referred to in that subsection and any person to whom the commodity concerned is sold.
Without limiting subsection (1), sales of the commodity to an authorised buyer for that commodity are, by operation of this subsection, exempt from the operation of section 56.
Every contract, whether made before or after the commencement of this section, or provision in any such contract, so far as it relates to the sale of a commodity the subject of a proclamation under section 56 (1) whether or not the commodity has come into existence when the contract was made, is and shall be deemed to have been void and of no effect as from the date upon which the contract was made.
Any provision in a contract, being a provision referred to in subsection (1), shall be deemed to be severable.
Any transaction or contract with respect to the commodity which is the subject-matter of any contract or provision of a contract declared by this section to be void shall also be void and of no effect, and any money paid pursuant to any such contract or provision or to any such transaction shall be repayable.
This section does not apply to a contract entered into by the board or a contract declared by the board to be a contract to which this section does not apply.
Subject to this section, no proceedings at law or in equity shall be brought against a board or any person acting under its authority by any person claiming to be entitled under any bill of sale, mortgage, charge, lien (including any lien under the Liens on Crops and Wool and Stock Mortgages Act of 1898 or the Co-operatives Act 1992) or other encumbrance over, of or upon the commodity delivered to, and accepted by, the board, or claiming to be the true owner of the commodity, as against the person who delivered the commodity.
Any person who, but for subsection (1), would have been entitled to bring any such proceedings may adopt the delivery of any of the commodity to a board as a delivery thereof by the person to the board, and may claim accordingly for an account of the payments due in respect thereof, and recover the amount due in any court of competent jurisdiction as a debt.
Notwithstanding anything in the Liens on Crops and Wool and Stock Mortgages Act of 1898 or any other Act, or any rule of law to the contrary, any such person shall not be entitled to make any such claim for an account of the payments due in respect of the commodity, or any part of those payments, unless the person has given prior notice in writing to a board in the form and containing the particulars prescribed of the bill of sale, mortgage, charge, lien or other encumbrance, or the claim of ownership, and then only for such part of such money as has not been paid to any other person at the time of the receipt by the board of the notice.
The commodity vested in a board by section 56 (2) shall be delivered by the producers to the board, or an authorised agent or authorised buyer, at or within such times, at such places, and in such manner as the board may by public notice or in a particular case in writing direct, or as may be prescribed by regulation.
A producer who supplies, sells or delivers any of the commodity vested in the board by section 56 (2) to a person other than the board, or an authorised agent or authorised buyer, is guilty of an offence against this Act.
A person—
(a) who buys or receives any of the commodity that is supplied, sold or delivered in contravention of subsection (2), or
(b) who buys by wholesale any of the commodity at a price other than the price fixed in respect of the commodity by the board,
is guilty of an offence against this Act.
In proceedings for an offence under subsection (3) (a), it is a defence if it is established that the defendant did not know, and could not reasonably have been expected to have ascertained, that the commodity was supplied, sold or delivered in contravention of subsection (2).
In proceedings for an offence arising under subsection (3) (b), it is a defence if it is established that the defendant did not know, and could not reasonably have been expected to have ascertained, that the price was not that fixed by the board.
In the event of an inconsistency, a regulation referred to in subsection (1) prevails over a notice or direction so referred to.
A board shall not refuse to accept from any producer any of the commodity which is vested in it by section 56 (2) and which conforms to the applicable standards of quality or grade and which is delivered to it in accordance with this Act.
A board may accept from any producer any of the commodity that does not conform to the applicable standards of quality or grade, and may deal with it in such manner as it thinks appropriate.
Where—
(a) a board refuses, for any reason (whether lawful or unlawful), to accept any of the commodity after tender of delivery to it in accordance with this Act, or
(b) any of the commodity becomes exempted from the provisions of this Act vesting the commodity in the board,
that part of the commodity which the board refuses to accept or which is exempted shall revest in the person who would have been the owner of the commodity, but subject to all mortgages, charges, liens, pledges, interests and trusts that would have affected the commodity, if this Part had not applied to the commodity.
Every person delivering any of the commodity to the board which is subject to any bill of sale, mortgage, charge, lien or encumbrance or in respect of which the person has entered into any contract in derogation of the person’s title to supply the commodity as the absolute owner thereof, and whether the bill of sale, mortgage, charge, lien, encumbrance or contract was made before or after the commencement of this section, shall, upon delivering the commodity to the board, give to the board a notice in writing of the bill of sale, mortgage, charge, lien, encumbrance or contract.
Any person wilfully guilty of a failure to comply with the provisions of this section is guilty of an offence against this Act.
A board shall, subject to this Act, make payments to producers of the commodity for the commodity delivered to, and accepted by, the board in accordance with this Act, at such rates and in such instalments (if any) as the board may determine.
Any payment to producers for any of the commodity (not being any of the commodity that has not vested in the board) shall, in respect of any of the commodity of the same quality or grade delivered to the board during such periods as may be prescribed (or, if not prescribed, as may be determined by the board), be made, as nearly as possible, at a uniform rate, based on the proceeds of the sale of the commodity so delivered and such other matters as the board may determine (but excluding any credits or debits arising in respect of the board’s activities under sections 46, 49, 52 and 53 and such other of the board’s activities as may be prescribed).
Notwithstanding subsection (2)—
(a) the board may, if it is satisfied that the circumstances warrant its doing so, make different payments for any of the commodity produced in different districts,
(b) the board may, with the approval of the Minister or in accordance with the regulations, make different payments for any of the commodity according to other factors, and
(c) the board may adjust any amount payable to a particular producer, having regard to other amounts owing to or by the producer and other factors that are, in the opinion of the board, relevant.
In determining rates of payment under this section, the board may take into account, and make suitable deductions for—
(a) expenditure incurred in marketing, returning, destroying or otherwise disposing of the commodity,
(b) the costs, charges and expenses incurred by the board in the administration by the board of this Act,
(c) any reserves created by the board, and
(d) any other matters that are, in the opinion of the board, relevant or that are prescribed.
Notwithstanding anything in this section, but subject to the regulations, a board may, out of the proceeds of the sale of the commodity delivered to the board during any period referred to in subsection (2), deduct amounts for the purpose of liquidating any liability incurred for any previous period or for any other purpose that is prescribed or approved by the Minister.
The board’s decision as to the quality and grade of the commodity, the method of determining any adjustments to be made and the amounts thereof shall be final and conclusive.
Nothing in this section requires the board to make any payments for any of the commodity that does not conform to the applicable standards of quality or grade.
Where, at the end of a period referred to in subsection (2), there remains unsold any portion of the commodity delivered to the board during that period, the board may—
(a) determine an amount as being the market value of that portion as at the end of that period,
(b) make such adjustments in the accounts of the board as will result in a credit being made in respect of that period of an amount equal to that market value and a corresponding debit being made in respect of the subsequent such period, and
(c) thereafter treat that portion as having been delivered to the board in that subsequent period.
The board shall not do any of the things mentioned in subsection (8) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.
At the request of a board, the Minister may, from time to time, approve schemes proposed by the board and making provision for or with respect to the variation of the basis on which payments are to be made under section 64 in respect of any of the commodity delivered to the board.
A scheme shall apply in respect of any of the commodity specified or described therein and delivered to the board during or covering a period of time that is—
(a) referred to in section 64 (2), and
(b) specified in the scheme.
Where, during the period of time specified in a scheme, any of the commodity is delivered to the board, the board shall make payments under section 64 in respect of that commodity on the basis prescribed by that section as varied by or under the scheme.
The Minister may—
(a) cancel or vary a scheme in accordance with a request made by the board in that behalf, or
(b) cancel a scheme without any request having been made by the board in that behalf, if the Minister gives the board at least 3 months’ notice of intention to do so.
If any payments have been made in accordance with a scheme, the scheme may be cancelled only as from the commencement of a later season in respect of which no payments have been made in accordance with the scheme.
A scheme, and any variations thereof under this section, shall be in writing.
In this section (other than subsection (1))—
Where a board in good faith and without negligence has made any payment—
(a) to a producer delivering or causing to be delivered any of the commodity to the board or any person acting under its authority,
(b) to any person entitled or claiming to be entitled through such a producer, or
(c) to any person on the order of such a producer or of a person referred to in paragraph (b),
the board shall not be answerable to any person in respect of the payment for the commodity or any part thereof, or in any action or other proceedings, claim or demand whatever for damages or otherwise.
If, before receiving notice of a claim to any payment for any of the commodity vested in a board or to the chose in action or any part thereof the subject-matter of any such payment, the board has in good faith and without negligence made that payment, in whole or in part, in accordance with the provisions of this Division, the board shall not, to the extent to which it has made that payment, incur any liability to the true owner of the commodity or chose in action or any part thereof or to any person claiming through, under or in trust for the true owner.
This section does not in any way prejudice or affect any rights inter se of any parties claiming adversely to one another to be entitled whether at law or in equity to the commodity or chose in action the subject-matter or part of the subject-matter of any claim for payment.
In any proceedings taken in any court by any such person in respect of any such commodity or chose in action or part, the board may plead this section as a defence to the proceedings.
In this division—
This Act does not apply to rice cultivated and harvested in the excluded area.
The area for which the Board is constituted is taken not to extend to the excluded area.
The Board must wind up its affairs in relation to the excluded area.
Section 60(2) does not apply to a producer of rice in the excluded area.
Section 60(3) does not apply to a person who buys or receives rice from a producer of rice in the excluded area.
In this clause,
A Negotiating Committee or a Joint Negotiating Committee constituted under the 1979 Act and in existence immediately before the repeal of that Act is dissolved on that repeal.
A person who held office as a member of such a Committee immediately before the repeal of the 1979 Act ceases to hold office on that repeal.
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
A person holding office as an Arbitrator or inspector within the meaning of the 1979 Act immediately before the repeal of that Act ceases to hold office on that repeal.
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
A Negotiating Committee established under a marketing order made for the purposes of Division 6 of Part 5 and in existence immediately before the order ceases to have effect or is revoked is dissolved when the order ceases to have effect or is revoked.
A person who held office as a member of such a Committee immediately before the Committee was dissolved ceases to hold office on the dissolution of the Committee.
A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
Any assets of the Committee existing immediately before its dissolution are to be dealt with in accordance with the directions of the Minister.
If, before the commencement of this clause, the Wine Grapes Marketing Board has set a price for which vested wine grapes that comprise the 1998 crop may be sold, the last price so set immediately before the commencement of this clause is taken to have been set under and for the purposes of clause 7 of Schedule 5 (as inserted by the Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997).
The amendments made to sections 68 and 82 by the Marketing of Primary Products Amendment (Marketing Orders) Act 1997 apply only to a poll that the Governor directs to be taken under section 81 after the commencement of those amendments.
The amendment made to section 85 (4) by the Marketing of Primary Products Amendment (Marketing Orders) Act 1997 applies only to a poll taken under section 86 on the basis of a notice that is published under section 85 (2) after the commencement of that amendment.
The amendment made to section 97 by the Marketing of Primary Products Amendment (Marketing Orders) Act 1997 applies only to a poll that the Governor directs to be taken under section 96 after the commencement of that amendment.
The amendment made to section 98 by the Marketing of Primary Products Amendment (Marketing Orders) Act 1997 applies only to a poll that the Governor directs to be taken under section 98 after the commencement of that amendment.
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.
Nothing in—
(a) the order under section 51, dated 28 April 2005, by which the Co-operative is appointed as an authorised buyer in relation to rice, or
(b) the agreement, dated 28 April 2005, between the Board and the Co-operative,
is to be construed as appointing the Co-operative as an exclusive authorised buyer in relation to rice for sale or supply within Australia.
Accordingly, neither the Board nor the State is liable to the Co-operative for any loss or damage suffered by the Co-operative, or by any person claiming through the Co-operative, as a consequence of the Board’s appointment of any other person as an authorised buyer in relation to rice for sale or supply within Australia.
In this clause—
In this part—
Despite section 67B, rice cultivated and harvested in the excluded area before 1 September 2024 is taken to be a commodity vested in the Board by section 56(2).
The exemptions in section 67B(4) and (5) do not apply in relation to rice referred to in this clause.
Despite section 67C, an entitlement or function conferred by or under this Act on an authorised buyer, including a condition of appointment, continues to apply in relation to rice purchased before 1 July 2025.
For section 67C, the Minister may, by order, do the following—
(a) decrease the number of members of the Board to at least 3 while the Board winds up its affairs,
(b) dissolve the Board if satisfied the affairs of the Board are wound up,
(c) provide for the transfer of the assets, rights and liabilities of the Board to a public authority,
(d) provide for other savings or transitional matters.
If the number of members of the Board is decreased under subclause (2)(a), the quorum for a meeting of the Board is a majority of members.
In this clause—
(a) a Public Service agency within the meaning of the Government Sector Employment Act 2013,
(b) a statutory body representing the Crown,
(c) a statutory State owned corporation or subsidiary within the meaning of the State Owned Corporations Act 1989,
(d) a council, county council or joint organisation within the meaning of the Local Government Act 1993.
(Repealed)
section 67D
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.
In this Schedule—
This Act (other than this Schedule) and, in particular, Part 3 of this Act, have effect subject to this Schedule.
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.
(Repealed)
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.
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
(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 notice in writing signed by the secretary or other authorised officer of the Board. The notice—
(a) in the case of an exemption applying in relation to a particular producer or producers—is to be given to the producer or producers, or
(b) in any other case—is to be published in the Gazette and in such other manner as is approved by the Minister having regard to the object of bringing notices of that kind to the attention of any persons directly affected by the relevant extensions.
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.
Subclause (4) extends to apply to and in respect of the exemption granted by means of the Notice of Exemption 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.
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 2009, 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
(c) anything done under the agreement made on 26 July 2001 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.
The Chairperson of the Board is to be elected from among the nominated members of the Board.
This clause commences on the first day after the commencement of the Rice Marketing Amendment Act 2007 on which there is a vacancy in the office of Chairperson.
Murray Valley (New South Wales) Wine Grape Industry Marketing Order 1994 | Gazette No 76 of 3.6.1994, p 2635 |
Dried Prunes Marketing Order 1998 | Gazette No 52 of 13.3.1998, p 1430 |
MIA Citrus Fruit Promotion Marketing Order 1998 | Gazette No 62 of 27.3.1998, p 1932 |
Rice Marketing Act 1983 No 176 (formerly Marketing of Primary Products Act 1983). Assented to 31.12.1983. Date of commencement, secs 1 and 2 excepted, 1.2.1984, sec 2 (2) and GG No 12 of 27.1.1984, p 342. This Act has been amended as follows—
No 153 | Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984. | |
No 38 | Miscellaneous Acts (Search Warrants) Amendment Act 1985. Assented to 26.4.1985. Date of commencement of Sch 1, 28.2.1986, sec 2 (2) and GG No 29 of 14.2.1986, p 654. | |
No 82 | Marketing of Primary Products (Amendment) Act 1985. Assented to 4.6.1985. | |
No 218 | Statute Law (Miscellaneous Provisions) Act (No 2) 1986. Assented to 23.12.1986. | |
No 20 | Statute Law (Miscellaneous Provisions) Act 1988. Assented to 28.6.1988. Date of commencement of Sch 12, assent, sec 2 (1). | |
No 89 | Statute Law (Miscellaneous Provisions) Act 1989. Assented to 13.6.1989. Date of commencement of the provisions of Sch 1 relating to the Marketing of Primary Products Act 1983, 1.12.1989, sec 2 (2) and GG No 117 of 1.12.1989, p 10246. | |
No 46 | Statute Law (Miscellaneous Provisions) Act 1990. Assented to 22.6.1990. Date of commencement of the provisions of Sch 1 relating to the Marketing of Primary Products Act 1983, assent, sec 2. | |
No 15 | Grain Marketing Act 1991. Assented to 3.5.1991. Date of commencement of Sch 4, 12.7.1991, sec 2 (1) and GG No 106 of 12.7.1991, p 5520. | |
No 92 | Search Warrants (Amendment) Act 1991. Assented to 17.12.1991. Date of commencement, 20.9.1992, sec 2 and GG No 116 of 18.9.1992, p 6837. | |
No 34 | Statute Law (Miscellaneous Provisions) Act 1992. Assented to 18.5.1992. Date of commencement of the provision of Sch 2 relating to the Marketing of Primary Products Act 1983, assent, Sch 2. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Penalties) Act 1993. Assented to 15.6.1993. Date of commencement, assent, sec 2. | |
No 42 | Marketing of Primary Products Amendment Act 1995. Assented to 26.10.1995. Date of commencement, 17.11.1995, sec 2 and GG No 141 of 17.11.1995, p 7839. | |
No 99 | Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995. Date of commencement of the provision of Sch 1 relating to the Marketing of Primary Products Act 1983, assent, sec 2 (2). | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 99 | Fines Act 1996. Assented to 26.11.1996. Date of commencement of Sch 2, 27.1.1998, sec 2 (1) and GG No 1 of 2.1.1998, p 4. | |
No 136 | Marketing of Primary Products Amendment Act 1996. Assented to 16.12.1996. Date of commencement, assent, sec 2. | |
No 124 | Dried Fruits (Repeal) Act 1997. Assented to 15.12.1997. Date of commencement of Sch 1 [1], 1.7.2000, sec 2 (2) and GG No 66 of 2.6.2000, p 4501; date of commencement of Sch 1 [2] [4] and [5], assent, sec 2 (1); Sch 1 [3] was without effect as the section being amended was repealed by the Statute Law (Miscellaneous Provisions) Act 2000 No 53 with effect from 29.6.2000. | |
No 125 | Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997. Assented to 15.12.1997. Date of commencement, 1.1.1998, sec 2 and GG No 149 of 19.12.1997, p 10094. | |
No 126 | Marketing of Primary Products Amendment (Marketing Orders) Act 1997. Assented to 15.12.1997. Date of commencement, 19.12.1997, sec 2 and GG No 149 of 19.12.1997, p 10095. | |
No 11 | Co-operative Housing and Starr-Bowkett Societies Act 1998. Assented to 15.5.1998. Date of commencement of Sch 6.17, 1.9.2000, sec 2 and GG No 112 of 1.9.2000, p 8633. | |
No 23 | Marketing of Primary Products Amendment (Rice Marketing Board) Act 1998. Assented to 3.6.1998. Date of commencement, 21.7.1998, sec 2 and GG No 108 of 17.7.1998, p 5483. | |
No 45 | Agricultural Industry Services Act 1998. Assented to 26.6.1998. Date of commencement, 14.8.1998, sec 2 and GG No 120 of 14.8.1998, p 6025. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1998 No 120. Assented to 26.11.1998. Date of commencement of Sch 2.2, assent, sec 2 (1). | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.23, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 2.34, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 86 | Marketing of Primary Products Amendment (Rice Marketing) Act 2003. Assented to 5.12.2003. Date of commencement, assent, sec 2 . | |
No 100 | Wine Grapes Marketing Board (Reconstitution) Act 2003. Assented to 10.12.2003. Date of commencement, 1.1.2004, sec 2. | |
No 16 | Food Legislation Amendment Act 2004. Assented to 24.3.2004. Date of commencement, 5.4.2004, sec 2 and GG No 69 of 2.4.2004, p 1795. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 97 | Rice Marketing Amendment (Prevention of National Competition Policy Penalties) Act 2005. Assented to 24.11.2005. Date of commencement, 1.7.2006, sec 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.35, assent, sec 2 (2). | |
No 68 | Parliamentary Electorates and Elections Amendment Act 2006. Assented to 5.10.2006. Sch 19.1 was not commenced and the Act was repealed by the Electoral Act 2017 No 66. | |
No 77 | Rice Marketing Amendment Act 2007. Assented to 7.12.2007. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 2.51, 17.7.2009, sec 2 (2); date of commencement of Sch 5, 17.7.2009, sec 2 (1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.84, 9.7.2010, sec 2 (2). | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1). | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 2.15, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2, 1.8.2018, sec 2 (3). | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.29, 8.1.2019, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.90, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 3, assent, sec 2(1). | |
No 50 | Rice Marketing Amendment Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. |
This Act has also been amended by a proclamation under sec 161 (2).
Sec 1 | Subst 2005 No 97, Sch 1 [1]. |
Sec 3 | Rep 1984 No 153, Sch 16. |
Sec 4 | Am 1989 No 89, Sch 1; 1991 No 15, Sch 4; 1997 No 124, Sch 1 [1]; 1998 No 45, Sch 3.4 [1]; 2000 No 53, Sch 2.12 [1]; 2001 No 34, Sch 2.34 [1]; 2008 No 114, Sch 3.8 [1]; 2010 No 59, Sch 2.84 [1]; 2015 No 58, Sch 3.76 [2]; 2020 No 30, Sch 3.38. |
Sec 5 | Am 1999 No 31, Sch 1.23 [1]; 2015 No 58, Sch 3.76 [3]. |
Sec 5A | Ins 1999 No 31, Sch 1.23 [2]. |
Sec 7 | Am 1998 No 45, Sch 3.4 [2]. |
Sec 11 | Am 1986 No 218, Sch 23 (1); 2007 No 77, Sch 1 [1]. |
Sec 12 | Rep 2007 No 77, Sch 1 [2]. |
Sec 15 | Am 2010 No 59, Sch 2.84 [2]; 2015 No 58, Sch 3.76 [4]. |
Sec 31 | Am 2018 No 25, Sch 2.30 [1]. |
Sec 38 | Am 1998 No 45, Sch 3.4 [3]. |
Secs 39, 40 | Am 1992 No 112, Sch 1. |
Sec 47 | Am 1989 No 89, Sch 1. |
Sec 49 | Am 1986 No 218, Sch 23 (2). |
Sec 50 | Am 2005 No 97, Sch 1 [2] [3]. |
Sec 51 | Am 2005 No 97, Sch 1 [4]–[6]; 2013 No 95, Sch 2.133. |
Sec 51A | Ins 2005 No 97, Sch 1 [7]. Am 2007 No 77, Sch 1 [3]. |
Sec 51B | Ins 2007 No 77, Sch 1 [4]. |
Sec 52 | Am 2009 No 56, Sch 2.51; 2015 No 15, Sch 2.49; 2018 No 5, Sch 2.15. |
Sec 54 | Am 1986 No 218, Sch 23 (3). |
Sec 57 | Am 1985 No 82, Sch 1 (1); 2005 No 97, Sch 1 [8]; 2018 No 25, Sch 2.30 [2]. |
Sec 58 | Am 1985 No 82, Sch 1 (2). |
Sec 59 | Am 1998 No 11, Sch 6.17 [1]. |
Sec 62 | Am 1986 No 218, Sch 23 (4). |
Part 3, Div 5, heading | Ins 1997 No 125, Sch 1 [1]. Am 1998 No 23, Sch 1 [1]. |
Part 3, Div 5 | Ins 1997 No 125, Sch 1 [1]. Subst 2024 No 50, Sch 1[1]. |
Sec 67A | Ins 1997 No 125, Sch 1 [1]. Rep 2003 No 100, sec 25. Ins 2024 No 50, Sch 1[1]. |
Sec 67B | Ins 1998 No 23, Sch 1 [2]. Subst 2024 No 50, Sch 1[1]. |
Sec 67C | Ins 2024 No 50, Sch 1[1]. |
Sec 67D | Ins 2024 No 50, Sch 1[1]. |
Sec 68 | Subst 1997 No 126, Sch 1 [1]. |
Sec 69 | Am 1986 No 218, Sch 23 (5). |
Sec 70 | Am 2010 No 59, Sch 2.84 [2]; 2015 No 58, Sch 3.76 [4]. |
Sec 73 | Am 1997 No 126, Sch 1 [2]. |
Sec 73A | Ins 1997 No 126, Sch 1 [3]. |
Secs 78, 79 | Am 1998 No 45, Sch 3.4 [3]. |
Sec 81 | Am 1998 No 45, Sch 3.4 [4]. |
Sec 82 | Am 1997 No 126, Sch 1 [4]. |
Sec 84 | Am 1995 No 99, Sch 1. |
Sec 85 | Am 1997 No 126, Sch 1 [5] [6]. |
Secs 86, 88 | Am 1998 No 45, Sch 3.4 [3]. |
Sec 91 | Am 1993 No 47, Sch 1. |
Sec 92 | Am 2018 No 25, Sch 2.30 [3]. |
Sec 97 | Am 1997 No 126, Sch 1 [7]. |
Sec 98 | Am 1997 No 126, Sch 1 [8]. |
Secs 101, 102 | Am 1992 No 112, Sch 1. |
Part 5, Div 6 (secs 102A–102D) | Ins 1995 No 42, Sch 1 (1). |
Part 5, Div 7 (secs 102E–102H) | Ins 1997 No 124, Sch 1 [2]. |
Secs 104, 105 | Rep GG No 34 of 21.2.1986, p 789 (with effect on and from 1.3.1986). |
Sec 107 | Am 2010 No 59, Sch 2.84 [2]. |
Sec 110 | Am 1986 No 218, Sch 23 (6); 1996 No 24, Sch 1. |
Sec 111 | Am 1996 No 24, Sch 1. |
Part 6, Div 2 | Rep 2000 No 53, Sch 2.12 [2]. |
Sec 113A | Ins 1985 No 82, Sch 1 (3). Rep 2000 No 53, Sch 2.12 [2]. |
Secs 114, 115 | Rep 2000 No 53, Sch 2.12 [2]. |
Sec 116 | Am 1985 No 82, Sch 1 (4); 1996 No 24, Sch 1. Rep 2000 No 53, Sch 2.12 [2]. |
Sec 117 | Am 1988 No 20, Sch 12 (1). Rep 2000 No 53, Sch 2.12 [2]. |
Secs 118–122 | Rep 2000 No 53, Sch 2.12 [2]. |
Secs 123, 124 | Am 1998 No 45, Sch 3.4 [3]. |
Sec 125 | Rep GG No 34 of 21.2.1986, p 789 (with effect on and from 1.3.1986). |
Sec 126 | Rep 1998 No 45, Sch 3.4 [5]. |
Sec 127 | Am 1986 No 218, Sch 23 (7); 2007 No 77, Sch 1 [5]. |
Sec 128 | Am 1998 No 45, Sch 3.4 [3] [6] (am 1998 No 120, Sch 2.2); 2015 No 58, Sch 3.76 [5]. |
Secs 129–131 | Am 1998 No 45, Sch 3.4 [3]. |
Sec 131A | Ins 1999 No 31, Sch 1.23 [3]. Am 2018 No 70, Sch 4.90. |
Sec 132 | Am 2010 No 59, Sch 2.84 [2]. |
Sec 133 | Am 1998 No 11, Sch 6.17 [2]; 2010 No 59, Sch 2.84 [2]; 2014 No 88, Sch 2.58. |
Sec 135 | Am 1991 No 15, Sch 4; 2004 No 16, Sch 2.6; 2008 No 114, Sch 3.8 [2]. |
Sec 137 | Am 1998 No 45, Sch 3.4 [3]. |
Sec 138 | Am 1985 No 38, Sch 1; 1991 No 92, Sch 2; 2002 No 103, Sch 4.52 [1]–[3]. |
Sec 141 | Am 2001 No 34, Sch 2.34 [2]. |
Sec 143 | Subst 2001 No 34, Sch 2.34 [3]. |
Sec 144 | Am 1988 No 20, Sch 12 (2); 2001 No 34, Sch 2.34 [4]. |
Sec 145 | Am 2001 No 34, Sch 2.34 [5]. |
Sec 146 | Am 2001 No 34, Sch 2.34 [6]. |
Secs 152–154 | Am 1992 No 112, Sch 1; 1998 No 45, Sch 3.4 [3] [6] (am 1998 No 120, Sch 2.2); 2015 No 58, Sch 3.76 [5]. |
Sec 155 | Am 1992 No 112, Sch 1; 2005 No 97, Sch 1 [9]. |
Sec 156 | Am 1996 No 99, Sch 2.11 [1] [2]; 1999 No 31, Sch 4.57; 2005 No 97, Sch 1 [10]; 2006 No 58, Sch 2.35; 2007 No 77, Sch 1 [6]; 2007 No 94, Sch 2. |
Sec 157 | Am 2011 No 2, Sch 1.32. |
Sec 160 | Am 1997 No 125, Sch 1 [2]; 1998 No 45, Sch 3.4 [3] [6] (am 1998 No 120, Sch 2.2); 2015 No 58, Sch 3.76 [5]. |
Sec 161 | Rep 2009 No 56, Sch 5. |
Sec 163 | Am 1988 No 20, Sch 12 (3); 1993 No 47, Sch 1; 1998 No 45, Sch 3.4 [3]; 2000 No 53, Sch 2.12 [3]. |
Sec 164 | Ins 1985 No 82, Sch 1 (5). Am 1997 No 125, Sch 1 [3]–[6]; 2018 No 68, Sch 2.29. |
Sec 165 | Ins 1996 No 136, Sch 1. Rep 2004 No 55, Sch 3. Ins 2007 No 77, Sch 1 [7]. |
Sec 166 | Ins 2024 No 50, Sch 1[2]. |
Sch 1 | Rep 2009 No 56, Sch 5. |
Sch 2 | Am 1986 No 218, Sch 23 (8); 1990 No 46, Sch 1; 2015 No 58, Sch 3.76 [6]. |
Sch 3 | Am 1998 No 45, Sch 3.4 [7]; 2007 No 77, Sch 1 [8]. |
Sch 4 | Am 1992 No 34, Sch 2; 1995 No 42, Sch 1 (2)–(4); 1997 No 124, Sch 1 [4] [5]; 1997 No 125, Sch 1 [7] [8]; 1997 No 126, Sch 1 [9] [10]; 1998 No 23, Sch 1 [3] [4]; 2003 No 86, Sch 1 [1]; 2005 No 97, Sch 1 [11] [12]; 2024 No 50, Sch 1[3]. |
Sch 5 | Ins 1997 No 125, Sch 1 [9]. Rep 2003 No 100, sec 25. |
Sch 6 | Ins 1998 No 23, Sch 1 [5]. Am 2003 No 86, Sch 1 [2] [3]; 2005 No 97, Sch 1 [13]; 2007 No 77, Sch 1 [9]; 2018 No 25, Sch 2.30 [4]; 2024 No 50, Sch 1[4]. |
The whole Act | Am 2015 No 58, Sch 3.76 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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