Trade Practices (Primary Products Exemptions) Regulations (Amendment) (Cth)
REGULATION UNDER THE TRADE PRACTICES ACT 1974*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council, hereby make the following
Regulation under the
Dated this sixteenth day of February 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
WAL. FIFE
Minister of State for Business and Consumer Affairs
——————
AMENDMENT OF THE TRADE PRACTICES (PRIMARY PRODUCTS EXEMPTIONS) REGULATIONS
The Trade Practices (Primary Products Exemptions) Regulations are amended by adding at the end thereof the following regulation:
“ 17. (1) In this regulation—
‘ clearance scheme ’ means a scheme, administered by the Committee, for the equalization of returns to the growers of fresh vegetables;
‘ Committee ’ means the body corporate constituted by the name of ‘The Committee of Direction of Fruit Marketing’ under
The Fruit Marketing Organisation Acts ,1923 to 1964 of the State of Queensland;‘ fresh vegetables ’ means vegetables intended to be supplied to the consumer without having been—
(a) frozen; or
(b) otherwise processed except for any artificial ripening, cleaning, trimming, marking or packaging necessary for transportation or sale;
‘ vegetables ’ include tomatoes.
* Notified in the
Statutory Rules 1975, No. 75 as amended by Statutory Rules 1975, Nos. 102 and 154; and 1977. No. 21
16969/77—Cat. No. —Recommended retail price 15c 14/26.1.1978
“ (2) Subject to the conditions specified in sub-regulations (3) and (4), the Committee is exempted from the application of section 45 of the Act in respect of conduct engaged in by the Committee in relation to a clearance scheme in—
(a) making a contract or arrangement, or arriving at an understanding—
(i) which contains an exclusionary provision; or
(ii) a provision of which has the purpose, or has or is likely to have the effect, of substantially lessening competition; or
(b) giving effect to a provision of a contract, arrangement or understanding, whether the contract or arrangement was made, or the understanding was arrived at, before or after the commencement of section 45 of the Act, if that provision—
(i) is an exclusionary provision; or
(ii) has the purpose, or has or is likely to have the effect, of substantially lessening competition.
“ (3) A clearance scheme or a contract or arrangement made under, or an understanding arrived at under, a clearance scheme, shall not provide for the payment to a grower of fresh vegetables of an amount, however described, by way of compensation in respect of economic loss suffered by the grower in relation to fresh vegetables supplied by the grower to the Committee but sold or otherwise disposed of for less than the price fixed under that scheme as the minimum wholesale price for those vegetables, being an amount which, together with any other payment to be made to the grower, or the value of any other benefit accruing to the grower, under the scheme exceeds the cost to the grower of transporting the vegetables for sale and of any fees charged by agents in respect of the attempted sale or sale of those vegetables.
“ (4) The Committee shall supply or cause to be supplied to the Minister of State for Primary Industry full details of—
(a) any clearance scheme;
(b) any proposed clearance scheme, including the prices proposed to be fixed under that scheme as the minimum wholesale price of fresh vegetables sold in accordance with that scheme;
(c) any variation or rescission of a clearance scheme;
(d) the prices fixed from time to time under a clearance scheme as the minimum wholesale price of fresh vegetables sold in accordance with that scheme; and
(e) any proposal by the Committee to vary the prices, or any of the prices, fixed for the time being under a clearance scheme as the minimum wholesale price of fresh vegetables sold in accordance with that scheme.”.
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