Commonwealth Numbered Acts

HORTICULTURAL LEVY ACT 1987 No. 168 of 1987 - SECT 14

14. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:

   (a)  required or permitted by this Act to be prescribed; or

   (b)  necessary or convenient to be prescribed for carrying out or giving
        effect to this Act.

(2) Without limiting the manner in which classes of leviable horticultural
products may be described in the regulations, the regulations may describe
such classes by reference to:

   (a)  the use for which the products are sold by the producer;

   (b)  the use to which the products are put by the producer; or

   (c)  the state, form or condition of the products, whether by reference to
        a process or otherwise.

(3) Before making regulations for the purposes of section 8, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Australian Horticultural Corporation.

(4) Before making regulations for the purposes of section 9, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Horticultural Research and Development
Corporation.

(5) Before making regulations for the purposes of section 13, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Australian Horticultural Corporation or the
Horticultural Research and Development Corporation.

(6) Before making a recommendation to the Minister for the purposes of
subsection (3) or (5), the Australian Horticultural Corporation shall consult
with the body that, under the regulations, is the eligible industry body for:

   (a)  the relevant leviable horticultural products; or

   (b)  the relevant class or subclass of leviable horticultural products; as
        the case requires.

(7) Before making a recommendation to the Minister for the purposes of
subsection (4) or (5), the Horticultural Research and Development Corporation
shall consult with the body that, under the regulations, is the eligible
industry body for:

   (a)  the relevant leviable horticultural products; or

   (b)  the relevant class or subclass of leviable horticultural products; as
        the case requires.

(8) A recommendation under subsection (6) or (7) shall be accompanied by a
written statement of the views of the body consulted in relation to the making
of the recommendation.

(9) The body that, under the regulations, is the eligible industry body for:

   (a)  leviable horticultural products; or

   (b)  a class or subclass of leviable horticultural products; may make
        recommendations to the Minister in relation to regulations to be made
        for the purposes of section 10 in relation to those products or
        products included in that class or subclass, as the case may be.

(10) Before making regulations for the purposes of section 10, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister under subsection (9).