Commonwealth Numbered Acts

AUSTRALIAN HORTICULTURAL CORPORATION ACT 1987 No. 164 of 1987 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"appoint" includes re-appoint;

"Australian horticultural industry" means any industry carried on in Australia
in connection with:

   (a)  producing horticultural products by:

        (i)    growing or harvesting; or

        (ii)   processing Australian horticultural products; or

   (b)  handling, storing, transporting, processing or marketing Australian
        horticultural products;

"Australian horticultural products" means:

   (a)  horticultural products grown or harvested in Australia;

   (b)  horticultural products produced by the processing in Australia of
        products referred to in paragraph (a); or

   (c)  products in a class of products prescribed for the purposes of this
        definition;

"authorised auditor" means:

   (a)  the Corporation auditor; or

   (b)  a person authorised, in writing, by the Corporation auditor;

"Chairperson" means:

   (a)  in relation to the Corporation-the Chairperson of the Corporation;

   (b)  in relation to the Corporation Selection Committee-the Chairperson of
        the Corporation Selection Committee;

   (c)  in relation to a product group committee-the Chairperson of the
        product group committee; and

   (d)  in relation to a product group selection committee-the Chairperson of
        the product group selection committee;

"company auditor" means a firm or person carrying on the business of auditing
accounts;

"Corporation" means the Australian Horticultural Corporation;

"Corporation auditor" means:

   (a)  if an appointment under subsection 57 (6) of a company auditor as the
        auditor of the Corporation is in effect-that company auditor; or

   (b)  in any other case-the Auditor-General;

"Corporation Selection Committee" means the Australian Horticultural
Corporation Selection Committee;

"cut flowers and foliage" includes processed cut flowers and foliage;

"Deputy Chairperson" means:

   (a)  in relation to the Corporation-the Deputy Chairperson of the
        Corporation;

   (b)  in relation to the Corporation Selection Committee-the Deputy
        Chairperson of the Corporation Selection Committee; and

   (c)  in relation to a product group selection committee-the Deputy
        Chairperson of the product group selection committee;

"eligible industry body" means a body prescribed by the regulations for the
purposes of the provision in which the expression is used;

"Export Charge Act" means the Horticultural Export Charge Act 1987;

"Export Charge Collection Act" means the Horticultural Export Charge
Collection Act 1987;

"fruits" includes processed fruits;

"government member" means the government member of the Corporation;

"horticultural products" means:

   (a)  fruits;

   (b)  vegetables;

   (c)  nuts;

   (d)  nursery products;

   (e)  cut flowers and foliage; and

   (f)  products in a class of products prescribed for the purposes of this
        paragraph;
but does not include products in a class of products that are declared by the
regulations not to be horticultural products for the purposes of this
definition;

"joint venture" means an undertaking carried on by 2 or more persons in common
otherwise than as partners;

"Levy Act" means the Horticultural Levy Act 1987;

"Levy Collection Act" means the Horticultural Levy Collection Act 1987;

"Managing Director" means the Managing Director of the Corporation;

"member" includes:

   (a)  in relation to the Corporation-the Chairperson of the Corporation, the
        Deputy Chairperson of the Corporation, the government member and the
        Managing Director;

   (b)  in relation to the Corporation Selection Committee-the Chairperson and
        Deputy Chairperson of the Corporation Selection Committee;

   (c)  in relation to a product group committee-the Chairperson of the
        product group committee; and

   (d)  in relation to a product group selection committee-the Chairperson and
        Deputy Chairperson of the product group selection committee;

"nominated member" means:

   (a)  in relation to the Corporation-a member of the Corporation other than
        the Chairperson, the government member and the Managing Director;

   (b)  in relation to a product group committee-a member of the committee
        other than the Chairperson;

   (c)  in relation to the Corporation Selection Committee-a member of the
        Corporation Selection Committee other than the Chairperson; or

   (d)  in relation to a product group selection committee-a member of the
        committee appointed on the nomination of eligible industry
bodies; "nursery products" includes trees, shrubs, plants, seeds, bulbs,
corms, tubers, propagating material and plant tissue cultures, grown for
ornamental purposes or for producing fruits, vegetables, nuts, or cut flowers
or foliage;

"nuts" includes processed nuts;

"order" means an order made under the regulations;

"Parliament", in relation to the Northern Territory, means the Legislative
Assembly of the Northern Territory;

"prescribed" includes prescribed by an order;

"process", in relation to a product, means the performance of any operation in
relation to the product, and includes the chilling, freezing, drying,
bottling, packing, canning or preserving of the product, but does not include
the performance of an operation included in a class of operations prescribed
for the purposes of this definition, either generally or in relation to the
product or a class of products in which the product is included;

"product" includes a thing occurring naturally;

"product group committee" means a committee established under section 59;

"product group selection committee" means the selection committee established
under section 100 for a product group committee;

"regulations" includes orders;

"securities" includes stocks, debentures, debenture stocks, notes, bonds,
promissory notes, bills of exchange and similar instruments and documents;

"share" means a share in the share capital of a corporation, and includes
stock;

"State" includes the Northern Territory;

"this Act" includes the regulations;

"vegetables" includes:

   (a)  mushrooms and other edible fungi; and

   (b)  processed vegetables (including mushrooms and other edible fungi).

(2) A reference in this Act to dealing with securities includes a reference
to:

   (a)  creating, executing, entering into, drawing, making, accepting,
        indorsing, issuing, discounting, selling, purchasing and reselling
        securities;

   (b)  creating, selling, purchasing and reselling rights and options in
        relation to securities; and

   (c)  entering into agreements and other arrangements in relation to
        securities.