Trade Practices (Primary Products Exemptions) Regulations (Amendment) (Cth)
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I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council, hereby make the following
Regulations under the
Dated 26 October 1984.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
(Sgd) Gareth Evans
Attorney-General
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“6. Section 45 of the Act shall not, during the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1989, apply to or in relation to the conduct engaged in by the Australian Mushroom Growers’ Association in making or giving effect to an arrangement with a processor of mushrooms in the State of New South Wales in relation to the recommended prices at which, and the terms and conditions upon which, mushrooms may be supplied from time to time to that processor by growers of mushrooms, being growers who are members of that body.
S.R. 279/84—Cat. No. —Recommended retail price 60c 10/26.9.1984
“7. Paragraph 45 (1) (b) of the Act and sub-paragraphs 45 (2) (a) (ii) and 45 (2) (b) (ii) of the Act shall not, during the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1989, apply to or in relation to the conduct engaged in by the Australian Oyster Farmers and Producers Association in making or giving effect to an arrangement or arriving at or giving effect to an understanding with oyster processors, in relation to the recommended prices at which oysters may be supplied from time to time to oyster processors by oyster growers who are members of that body, being recommended prices—
(a) that are based on negotiations conducted between oyster processors and oyster growers who are members of that body; and
(b) that take account of independent advice obtained for the purpose of those negotiations, being advice with respect to the costs, to oyster growers, of producing oysters for sale.
“8. (1) In this regulation—
‘citrus fruit’ means oranges, mandarins and grapefruit;
‘relevant period’ means the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1989;
‘The Citrus Fruit Marketing Board’ means The Citrus Fruit Marketing Board established by or under a law of the State of Victoria:
‘The Murray Valley (N.S.W.) Citrus Marketing Board’ means The Murray Valley (N.S.W.) Citrus Marketing Board established by or under a law of the State of New South Wales.
“(2) Subject to the condition specified in sub-regulation (4), section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Citrus Fruit Marketing Board, The Citrus Management Company Limited or The Murray Valley (N.S.W.) Citrus Marketing Board in making or giving effect to a contract or arrangement, or arriving at or giving effect to an understanding—
(a) between any two or more of those bodies in relation to—
(i) the recommended minimum prices at which, and the terms and conditions upon which, citrus fruit is to be supplied from time to time in the States of Victoria and New South Wales by growers of citrus fruit;
(ii) the terms and conditions upon which citrus fruit is to be supplied from time to time in the States of Victoria and New South Wales by packers of citrus fruit;
(iii) the manner in which, and the packers by whom, citrus fruit is to be packed from time to time in those States;
(iv) the persons to whom citrus fruit is to be supplied from time to time in those States by growers and packers of citrus fruit; or
(v) the quantities, kinds and grades of citrus fruit to be supplied from time to time in those States;
(b) with a grower of citrus fruit in relation to—
(i) the recommended minimum prices at which, and the terms and conditions upon which, citrus fruit is to be supplied from time to time in the States of Victoria and New South Wales by the grower;
(ii) the packers by whom citrus fruit produced by the grower is to be packed from time to time in those States;
(iii) the persons to whom citrus fruit is to be supplied from time to time in those States by the grower; or
(iv) the quantities, kinds and grades of citrus fruit to be supplied from time to time in those States by the grower; or
(c) with a packer of citrus fruit in relation to—
(i) the terms and conditions upon which citrus fruit is to be supplied from time to time in the States of Victoria and New South Wales by the packer;
(ii) the manner in which citrus fruit is to be packed from time to time in those States by the packer;
(iii) the persons to whom citrus fruit is to be supplied from time to time in those States by the packer; or
(iv) the quantities, kinds and grades of citrus fruit to be supplied from time to time in those States by the packer.
“(3) Subject to the condition specified in sub-regulation (4), section 45 of the Act shall not, during the relevant period, apply to or in relation to conduct engaged in by The Citrus Fruit Marketing Board, the Citrus Management Company Limited or the Murray Valley (N.S.W.) Citrus Marketing Board in making or giving effect to an arrangement between one or more of those bodies and a purchaser of citrus fruit in relation to the recommended prices at which citrus fruit is to be supplied from time to time in the States of Victoria and New South Wales by growers of citrus fruit.
“(4) Where—
(a) either the Citrus Fruit Marketing Board or the Murray Valley (N.S.W.) Citrus Marketing Board (in this sub-regulation referred to as a ‘marketing authority’) makes it known that, in respect of citrus fruit that is, or may become, vested in it under a law of a State, it requires, or will or may require, as the case may be, citrus fruit to be delivered to it in accordance with that law; and
(b) the conduct described in paragraph (a) has the purpose, or has or is likely to have the effect, of coercing a grower of citrus fruit, to supply citrus fruit in accordance with a contract, arrangement or understanding described in this regulation,
this regulation ceases to apply in respect of—
(c) conduct engaged in by that marketing authority; and
(d) conduct engaged in by The Citrus Management Company Limited in the State in which that marketing authority is established,
during the period that the conduct described in paragraph (a), in all the circumstances, has the purpose, or has or is likely to have the effect, described in paragraph (b).”.
“11. (1) In this regulation, ‘Committee’ means the Processed Apple and Pear Committee constituted under the Plant Production Committee, being a sub-committee of the Standing Committee on Agriculture, being a committee established by the Australian Agricultural Council.
“(2) Section 45 of the Act shall not, during the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1987, apply to or in relation to the conduct engaged in by the Committee in arriving at or giving effect to an understanding with growers of apples and pears and processors of apples and pears, in relation to the recommended minimum prices at which, and the terms and conditions upon which, apples and pears, other than pears to be processed as canned pears, may be supplied to those processors by those growers.
“12. Section 45 of the Act shall not, during the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1989, apply to or in relation to the conduct engaged in by the Australian Cherry Growers’ Federation in making or giving effect to an arrangement with a processor of fresh cherries, being a processor who purchases fresh cherries for use in a manufacturing process direct from growers of fresh cherries, being an arrangement in relation to the quantities of which, and the recommended prices at which, fresh cherries may be supplied from time to time to that processor of fresh cherries for use in a manufacturing process by growers of fresh cherries, being growers who are members of that body.”.
“14. (1) In this regulation, unless the contrary intention appears—
‘relevant period’ means the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1989;
‘vegetables’ includes tomatoes.
“(2) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the New South Wales Livestock and
Grain Producers’ Association in making or giving effect to an arrangement with a processor of vegetables in relation to the recommended prices at which, and the terms and conditions upon which, vegetables may be supplied from time to time to that processor by vegetable growers who are members of that body.
“(3) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Victorian Farmers and Graziers’ Association in making or giving effect to an arrangement with a processor of vegetables in relation to the recommended prices at which, and the terms and conditions upon which, vegetables, not including tomatoes, may be supplied from time to time to that processor by vegetable growers who are members of that body.
“(4) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Primary Industry Association of Western Australia in making or giving effect to an arrangement with a processor of vegetables in relation to the recommended prices at which, and the terms and conditions upon which, vegetables may be supplied from time to time to that processor by vegetable growers who are members of that body.
“(5) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Tasmanian Farmers and Graziers’ Association in making or giving effect to an arrangement with a processor of vegetables in relation to the recommended prices at which, and the terms and conditions upon which, vegetables may be supplied from time to time to that processor by vegetable growers who are members of that body.
“15. (1) In this regulation—
‘relevant period’ means the period commencing on the day on which this regulation comes into operation and ending at the expiration of 30 September 1988;
‘Society’ means the Australian Macadamia Society.
“(2) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Society in making arrangements—
(a) with processors of macadamia nuts in relation to the recommended charges for, and the terms and conditions applicable to, the processing of macadamia nuts that may be supplied from time to time to such processors by growers of macadamia nuts who are members of the Society; or
(b) with bodies corporate engaged in the marketing of macadamia nuts in relation to the recommended prices at which, and the terms and conditions upon which, macadamia nuts may be supplied from time to time to such bodies corporate by growers of macadamia nuts who are members of the Society.
“(3) Section 45 of the Act shall not, during the relevant period, apply to or in relation to the conduct engaged in by the Society in making or entering into
an arrangement, or arriving at or giving effect to an understanding with growers of macadamia nuts who are members of the Society and, on behalf of those members, with bodies corporate engaged in the marketing of macadamia nuts, in relation to the voluntary participation of those members in a scheme of equalization of returns to those members and in administering and giving effect to that scheme.”.
1. Notified in the
2. Statutory Rules 1975 No. 75 as amended by 1975 Nos. 102 and 154; 1977 No. 21; 1978 No. 20; 1979 Nos. 81 and 88.
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