Trade Practices (Primary Products Exemptions) Regulations (Cth)
made under the
This compilation was prepared on 2 July 2004
taking into account amendments up to SR 1987 No. 245
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
These Regulations may be cited as the Trade Practices (Primary Products Exemptions) Regulations.
These Regulations shall come into operation on 1 May 1975.
In these Regulations,
the Act means theTrade Practices Act 1974 .
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.
Paragraph 45 (1) (b) of the Act and subparagraphs 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.
(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 subregulation (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 subregulation (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 of 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 subregulation 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).
(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
(b) the recommended terms and conditions upon which persons employed as selling agents of producers of dried fruits shall be so employed.
(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 Committee 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.
(1) In this regulation:
application means the application that is identified in the register kept under section 89 of the Act as authorisation application no 90468.
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.
concluding day means:
(a) if the Commission grants an authorisation in respect of the application and the day on which that authorisation comes into force is a day preceding 1 January 1988 — the day preceding the day on which that authorisation comes into force;
(b) if the Commission dismisses the application on a day preceding 31 December 1987 — that day; or
(c) in any other case — 31 December 1987.
(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 the concluding day, 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.
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.
Section 45 of the Act shall not, during the period of 5 years commencing on the day on which this regulation comes into operation, apply to or in relation to the conduct engaged in by:
(a) a cotton processor in making or giving effect to a contract, arrangement or understanding with other cotton processors, or with cotton spinners, or with other cotton processors and with cotton spinners; or
(b) a cotton spinner in making or giving effect to a contract, arrangement or understanding with other cotton spinners, or with cotton processors, or with other cotton spinners and with cotton processors;
in relation to the quantities in which raw cotton is to be supplied from time to time by cotton processors to cotton spinners where all parties to the contract, arrangement or understanding are members of the Raw Cotton Marketing Advisory Committee.
(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.
(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.
The Trade Practices (Primary
Products Exemptions) Regulations (in force under the
1975 No. 75 | 30 Apr 1975 | 1 May 1975 | |
1975 No. 102 | 17 June 1975 | 17 June 1975 | — |
1975 No. 154 | 12 Aug 1975 | 12 Aug 1975 | — |
1977 No. 21 | 1 Mar 1977 | 1 Mar 1977 | — |
1978 No. 20 | 21 Feb 1978 | 21 Feb 1978 | — |
1979 No. 81 | 30 May 1979 | 30 May 1979 | — |
1979 No. 88 | 14 June 1979 | 14 June 1979 | — |
1984 No. 325 | 2 Nov 1984 | 2 Nov 1984 | — |
1986 No. 255 | 26 Sept 1986 | 26 Sept 1986 | — |
1987 No. 216 | 30 Sept 1987 | 30 Sept 1987 | — |
1987 No. 245 | 28 Oct 1987 | 28 Oct 1987 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 4......................................... | rep. 1979 No. 81 |
R. 5......................................... | rep. 1986 No. 255 |
R. 6......................................... | rs. 1984 No. 325 |
R. 7......................................... | rs. 1984 No. 325 |
R. 8......................................... | am. 1975 No. 102 |
rs. 1984 No. 325 | |
R. 9......................................... | rs. 1987 No. 245 |
R. 10....................................... | rs. 1987 No. 245 |
R. 11....................................... | rs. 1984 No. 325 |
am. 1987 No. 216 | |
R. 12....................................... | rs. 1984 No. 325 |
R. 13....................................... | am. 1979 No. 88 |
rs. 1986 No. 255 | |
R. 14....................................... | rs. 1984 No. 325 |
R. 15....................................... | ad. 1975 No. 154 |
rs. 1984 No. 325 | |
R. 16....................................... | ad. 1977 No. 21 |
rep. 1984 No. 325 | |
R. 17....................................... | ad. 1978 No. 20 |
rep. 1984 No. 325 | |
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