Trade Practices (Primary Products Exemptions) Regulations (Amendment) (Cth)

Statutory Rules 1987 No.2451

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Trade Practices (Primary Products

Exemptions) Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Trade Practices Act 1974.

Dated 22 October 1987.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

Lionel Bowen

Attorney-General

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Regulations 9 and 10 of the Trade Practices (Primary Products Exemptions) Regulations are repealed and the following regulations substituted:

Dried fruit

“9. (1) In this regulation:

‘Association’ means the Australian Dried Fruits Association;

‘relevant period’ means the period of 5 years commencing on the day on which this regulation comes into operation.

“(2) Section 45 of the Act shall not, during the relevant period, apply to the conduct engaged in by the Association in making an arrangement with producers of dried fruit in relation to the participation of those producers in a scheme of equalisation of returns to those producers, and in administering and giving effect to that scheme.

“(3) Section 45 of the Act shall not, during the relevant period, apply to the conduct engaged in by the Association in making or giving effect to a contract or arrangement, or arriving at or giving effect to an understanding, with producers of dried fruits in relation to:

(a) the recommended prices at which, and the terms and conditions (other than a term or condition to the effect that dried fruit may not be supplied to a person who is not a member of, or is not approved by, the Association) upon which, dried fruit is to be supplied by producers of dried fruit; or

 

(S.R. 17/87)—Cat. No. 16/18.9.1987

(b) the recommended terms and conditions upon which persons employed as selling agents of producers of dried fruits shall be so employed.

Bananas

“10. (1) In this regulation:

‘Committee’ means the Queensland Committee of Direction of Fruit Marketing;

‘Council’ means the Australian Banana Growers’ Council;

‘Federation’ means the New South Wales Banana Growers’ Federation Co-operative Limited;

‘relevant period’ means the period of 5 years commencing on the day on which this regulation comes into operation;

‘Scheme’ means the scheme known as the National Banana Marketing Development Scheme.

“(2) Subject to subregulations (4) and (5), section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Committee, the Council or the Federation in making a contract or arrangement, or arriving at an understanding, with banana growers in relation to the participation of those growers in the Scheme, and in administering and giving effect to the Scheme.

“(3) Subject to subregulations (4) and (5), section 45 of the Act shall not, during the relevant period, apply to the conduct engaged in by the Committee or the Federation in declaring from time to time minimum standards in relation to the quality of bananas marketed under the Scheme.

“(4) Where the Committee or the Federation engages in conduct that has the purpose, or has or is likely to have the effect, of coercing a banana grower to participate in the Scheme, this regulation ceases to apply in respect of that conduct.

“(5) Where:

(a) the Committee or the Federation purchases bananas from a grower, being bananas that have not been accepted by a merchant or a commission agent because the bananas do not meet the minimum quality standards declared pursuant to subregulation (3) and the Committee or the Federation, as the case may be, does not, within 7 days of the purchase, notify the grower of the bananas purchased of the quantity of the bananas so purchased; or

(b) the Committee or the Federation purchases bananas, not being bananas referred to in paragraph (a), with the intention of destroying those bananas and the Committee or the Federation, as the case may be, does not, within 7 days of the purchase, publish or cause to be published particulars of the quantity of bananas so purchased;

this regulation ceases to apply to the Committe or the Federation until the grower is notified of the quantity of the bananas purchased, or the quantity of bananas purchased is published, as the case requires.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 October 1987.

2. Statutory Rules 1986 No. 75 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 216 and see also Statutory Rules 1987 No. 216.

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