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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Agricultural Industry Services
Amendment (Interstate Arrangements)
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Agricultural Industry Services Act 1998
No 45 2
4 Amendment of Murray Valley Citrus Marketing Act 1989
No 155 2
5 Repeal of Murray Valley Citrus Marketing Act 1989 No 155 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Agricultural Industry Services
Amendment (Interstate Arrangements)
Bill 2002
Act No , 2002
An Act to amend the Agricultural Industry Services Act 1998 to make provision for
committees established under that Act or the corresponding Act of Victoria or
another State or Territory to represent the interests of producers of agricultural
commodities in New South Wales and elsewhere; to repeal the Murray Valley
Citrus Marketing Act 1989; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Agricultural Industry Services Amendment (Interstate Arrangements)
Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Agricultural Industry Services Amendment (Interstate
Arrangements) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by this section.
(2) Section 4 commences on the date of assent.
(3) Section 5 and Schedule 1 [6] commence on 1 July 2004, unless
commenced sooner by proclamation.
3 Amendment of Agricultural Industry Services Act 1998 No 45
The Agricultural Industry Services Act 1998 is amended as set out in
Schedule 1.
4 Amendment of Murray Valley Citrus Marketing Act 1989 No 155
The Murray Valley Citrus Marketing Act 1989 is amended by omitting
section 46 (Poll to be taken periodically to determine whether the
Board should be dissolved) and by omitting the matter "46 or" from
section 45 (a).
5 Repeal of Murray Valley Citrus Marketing Act 1989 No 155
The Murray Valley Citrus Marketing Act 1989 is repealed.
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Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 6 Content of foundation regulation
Insert "or appointed" after "elected" in section 6 (3).
[2] Section 21 Conduct of winding up
Insert "(including a body or organisation that represents the interests of
primary producers in a participating jurisdiction under Part 3A)" after
"organisation" where first occurring in section 21 (5) (b).
[3] Part 3A
Insert after section 32:
Part 3A Extra-territorial application of Act
Division 1 Interpretation
32A Definitions
In this Part:
agricultural industry services legislation means the agricultural
industry services legislation of New South Wales or the
corresponding agricultural industry services legislation of
Victoria or another State or Territory.
agricultural industry services legislation of New South Wales
means this Act and the regulations, orders and other
instruments made under this Act.
associated laws, in relation to the agricultural industry services
legislation of New South Wales or of a participating
jurisdiction, means the provisions of any laws of New South
Wales or that jurisdiction concerning a matter arising under that
legislation relating to the following:
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Bill 2002
Schedule 1 Amendments
(a) the jurisdiction of courts and tribunals under that
legislation,
(b) the procedure before courts and tribunals exercising
jurisdiction under that legislation (including with respect
to evidence, appeals and review),
(c) the judicial review of administrative decisions under that
legislation,
(d) the jurisdiction of the Ombudsman with respect to the
conduct of public officials under that legislation,
(e) the access to information held by public officials under
that legislation and the correction or amendment of that
information,
(f) the protection of the privacy of personal information
held by bodies established under that legislation,
(g) the disclosure of improper conduct by public officials
under that legislation and bodies established under that
legislation, the investigation of the matters disclosed and
the protection of persons who make those disclosures or
who may suffer reprisals in relation to those disclosures,
(h) the provision of financial statements and annual reports
by bodies established under that legislation,
(i) the conduct of financial and performance audits of
bodies established under that legislation,
(j) the interpretation of that legislation.
corresponding agricultural industry services legislation means
the provisions of an Act or an instrument under an Act of a
participating jurisdiction in respect of which a declaration
under section 32B (b) is in force.
grown or produced, in relation to a commodity, includes
raised, packed, processed or marketed.
law includes unwritten law.
participating jurisdiction means:
(a) Victoria, or
(b) another State or a Territory in respect of which a
declaration under section 32B (a) is in force.
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Amendments Schedule 1
recognised foundation instrument means an instrument made
under an Act of a participating jurisdiction in respect of which
a declaration under section 32D is in force.
Division 2 Regulations enabling extra-territorial effect
32B Declaration of participating jurisdictions and corresponding
legislation
The regulations may:
(a) declare another State or a Territory to be a participating
jurisdiction for the purposes of this Act, and
(b) declare an Act or an instrument under an Act of a
participating jurisdiction relating to agricultural industry
services to be corresponding agricultural industry
services legislation for the purposes of this Act.
32C NSW foundation regulation with operation outside New South
Wales
(1) A foundation regulation under this Act may provide for the
application of this Act and the foundation regulation:
(a) in the area of operations in New South Wales that is
specified in the foundation regulation, and
(b) in an area of operations in a participating jurisdiction
that is specified in the foundation regulation, and
(c) to and in relation to the relevant commodity specified in
the foundation regulation that is grown or produced in
New South Wales and in a participating jurisdiction that
is specified in the foundation regulation, and
(d) to and in relation to the primary producers of the
relevant commodity in New South Wales and in a
participating jurisdiction that is specified in the
foundation regulation.
(2) The provisions of this Act and the regulations made under this
Act with respect to the holding of polls and elections apply to
the making of a foundation regulation referred to in
subsection (1) with the following modifications:
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Schedule 1 Amendments
(a) a reference to an area includes a reference to an area in
the participating jurisdiction, and
(b) the modifications set out in this section and section 32J.
(3) The Minister must not direct that a poll of primary producers be
held for the making of a foundation regulation referred to in
subsection (1) unless the Minister responsible for administering
the corresponding agricultural industry services legislation in
the participating jurisdiction has agreed to the poll being held.
(4) A foundation regulation referred to in subsection (1) may be
made if the majority of votes cast in the poll of primary
producers in the area of operations in New South Wales (in
which more than half of the primary producers in New South
Wales who are entitled to vote in the poll have cast a vote) are
in favour of the making of the proposed foundation regulation.
(5) A foundation regulation referred to in subsection (1) does not
have effect unless the foundation regulation is declared to be a
recognised instrument for the purposes of the participating
jurisdiction in which the regulation is to have effect.
(6) A foundation regulation referred to in subsection (1) takes
effect from the date a declaration under subsection (5) is made
or from such later date as is specified in the regulation.
(7) Division 3 applies to and in relation to a foundation regulation
referred to in subsection (1) from the date the regulation takes
effect.
32D Declaration of recognised foundation instruments to allow
interstate legislation to have effect in New South Wales
(1) The regulations may declare an instrument made under an Act
of a participating jurisdiction corresponding to this Act to be a
recognised foundation instrument for the purposes of this Act.
(2) The Minister is not to recommend the making of a regulation
under subsection (1) unless the Minister is satisfied that, at a
poll conducted of the primary producers in New South Wales
of the commodity that is proposed to be regulated under the
recognised foundation instrument:
(a) more than half of the primary producers entitled to vote
in the poll have cast a vote, and
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Amendments Schedule 1
(b) the majority of the votes cast are in favour of the
establishment of the committee concerned.
(3) A regulation under subsection (1) may declare that a recognised
foundation instrument applies:
(a) in the area in New South Wales that is specified in the
regulation, and
(b) to and in relation to the commodity specified in the
regulation in New South Wales, and
(c) to and in relation to the primary producers of the
relevant commodity in New South Wales.
(4) Division 4 applies to and in relation to a regulation under
subsection (1) from the date the regulation takes effect.
Division 3 Area transferred to control of New South
Wales with respect to specified commodity
32E Application of New South Wales agricultural industry services
legislation and associated laws in area outside New South Wales
This Division has effect for the purposes of the application of
the agricultural industry services legislation of New South
Wales:
(a) in the area of the participating jurisdiction described in
a foundation regulation referred to in section 32C (1),
and
(b) in relation to the commodity described in that regulation
that is grown or produced in that area,
as if that area were within the territorial limits of New South
Wales.
32F Conferral of functions etc and jurisdiction on New South Wales
(1) All persons who have functions conferred or imposed on them
for the purposes of or in connection with the agricultural
industry services legislation of New South Wales (or the
associated laws of New South Wales) have and may exercise
those functions for the purposes of or in connection with that
legislation or those laws, as applying:
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Schedule 1 Amendments
(a) in the area of the participating jurisdiction specified in
a foundation regulation referred to in section 32C (1),
and
(b) in relation to the commodity described in that
regulation that is grown or produced in that area.
(2) The several courts and tribunals of New South Wales are
invested with jurisdiction in all matters arising under the
agricultural industry services legislation of New South Wales
(or the associated laws of New South Wales), as applying:
(a) in the area of the participating jurisdiction described in
a foundation regulation referred to in section 32C (1),
and
(b) in relation to the commodity described in the regulation
that is grown or produced in that area.
(3) Charges that are required to be paid under the agricultural
industry services legislation of New South Wales in relation to
the commodity described in a foundation regulation referred to
in section 32C (1) that is grown or produced in the area of the
participating jurisdiction described in the regulation are to be
treated as debts due and payable in accordance with the laws of
New South Wales.
Division 4 Area transferred to the control of a
participating jurisdiction with respect to
specified commodity
32G Application of participating jurisdiction's agricultural industry
services legislation and associated laws in New South Wales
(1) The agricultural industry services legislation of a participating
jurisdiction relating to the commodity described in a regulation
under section 32D (1) and the associated laws of that
jurisdiction, apply:
(a) in the area of New South Wales described in that
regulation, and
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Agricultural Industry Services Amendment (Interstate Arrangements)
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Amendments Schedule 1
(b) in relation to the commodity described in that
regulation that is grown or produced in that area,
as if that area were within the territorial limits of the
participating jurisdiction.
(2) The agricultural industry services legislation of New South
Wales relating to the commodity described in a regulation
under section 32D (1) and the associated laws of New South
Wales do not apply:
(a) in the area of New South Wales described in that
regulation, and
(b) in relation to the commodity described in that regulation
that is grown or produced in that area of New South
Wales.
32H Conferral of functions and jurisdiction on participating
jurisdiction
(1) All persons who have functions conferred or imposed on them
for the purposes of or in connection with the agricultural
industry services legislation of the participating jurisdiction (or
the associated laws of the participating jurisdiction) have and
may exercise those functions for the purposes of or in
connection with that legislation or those laws, as applying in
and in relation to the area of New South Wales by virtue of this
Division.
(2) The several courts and tribunals of the participating jurisdiction
are invested with jurisdiction in all matters arising under the
agricultural industry services legislation of the participating
jurisdiction (or the associated laws of the participating
jurisdiction), as applying in and in relation to the area of New
South Wales by virtue of this Division.
(3) Charges and other amounts that are required to be paid under
the agricultural industry services legislation of the participating
jurisdiction in relation to the commodity described in a
regulation under section 32D (1) that is grown or produced in
the area of New South Wales described in the regulation are to
be treated as debts due and payable in accordance with the laws
of the participating jurisdiction.
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Schedule 1 Amendments
32I Provisions of agricultural industry services legislation of the
participating jurisdiction with specific application not to apply
(1) Nothing in this Division renders a provision of the agricultural
industry services legislation of the participating jurisdiction
applicable in a particular place:
(a) in so far as the provision is incapable of applying in or
in relation to that place, or
(b) if that legislation expressly provides that the provision
does not extend to or apply in or in relation to that
place, or
(c) if that legislation expressly provides that the provision
applies only in a specified locality that does not include
that place.
(2) A provision of the agricultural industry services legislation of
the participating jurisdiction is not to be taken to be a provision
to which subsection (1) applies merely because it is limited in
its application to acts, matters or things within a particular part
(however described) of the area described in the regulation
under section 32D in the participating jurisdiction.
Division 5 Polls relating to extra-territorial committees
32J Special provisions for polls relating to extra-territorial committees
(1) The Minister may authorise the Electoral Commissioner or a
person appointed by the Electoral Commissioner to conduct a
poll of primary producers:
(a) in the area of a participating jurisdiction specified in a
draft foundation regulation referred to in section 32C,
and
(b) referred to in section 32C (1) (d) in the area of
operations in New South Wales.
(2) In the case of a poll under section 4 (2) (b) on the question of
whether a committee should be established by a foundation
regulation referred to in section 32C, if the corresponding
agricultural industry services legislation relating to:
(a) the method of enrolment of persons eligible to vote, or
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Bill 2002
Amendments Schedule 1
(b) the preparation of a final roll for the poll, or
(c) whether voting in relation to the poll is compulsory, or
(d) the method of determining the outcome of the poll in
the participating jurisdiction,
is inconsistent with agricultural industry services legislation of
New South Wales, the corresponding agricultural industry
services legislation applies to that matter in the conduct of the
poll in the production area in the participating jurisdiction
(except to the extent that the Minister administering that
corresponding legislation otherwise determines by notice in
writing to the person conducting the poll).
[4] Section 42A
Insert after section 42:
42A Territorial application of this Act
(1) This Act applies both within and outside New South Wales.
(2) This Act applies outside New South Wales to the full extent of
the extra-territorial legislative power of the Parliament.
[5] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Agricultural Industry Services Amendment (Interstate
Arrangements) Act 2002
[6] Schedule 4
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Agricultural Industry Services Amendment
(Interstate Arrangements) Act 2002
10 Definitions
In this Part:
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Schedule 1 Amendments
Murray Valley production area means the total production
area within the meaning of the repealed Act.
new committee means:
(a) a committee established by a recognised foundation
instrument of Victoria (as referred to in Part 3A of this
Act) to provide for citrus fruit grown or produced in the
Murray Valley production area, or
(b) a committee established by a foundation regulation
under this Act referred to in section 32C (1) to provide
for citrus fruit grown or produced in the Murray Valley
production area, or
(c) a committee established by a foundation regulation
under this Act to provide for citrus fruit grown or
produced in that part of the Murray Valley production
area that is in New South Wales,
whichever is first established.
old Board means the Murray Valley Citrus Marketing Board
established under the repealed Act.
repealed Act means the Murray Valley Citrus Marketing Act
1989.
transitional period means the period beginning on the
commencement of this Part and ending on the day that is 4
years after the commencement of the instrument establishing
the new committee.
11 Transitional
(1) On the commencement of this Part:
(a) the old Board is abolished and the new committee is the
successor in law of the old Board, and
(b) the members of the old Board become the first members
of the new committee and those members remain in
office as members of the new committee for 12 months
(or such longer period not exceeding the transitional
period as the Minister determines).
(2) Despite the repeal of the Murray Valley Citrus Marketing Act
1989:
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Amendments Schedule 1
(a) a person who, immediately before that repeal, was an
approved receiver under that Act continues for the
transitional period to be an approved receiver for citrus
fruit grown or produced in that part of the Murray
Valley production area that is in New South Wales for
the purposes of the instrument establishing the new
committee relating to citrus fruit and for receiving
charges payable by primary producers of citrus fruit
referred to in that instrument, and
(b) an approved receiver referred to in paragraph (a) must
make payments to the new committee:
(i) of amounts deducted in the transitional period
from the proceeds of sale of citrus fruit that was
delivered to the approved receiver before that
repeal, and
(ii) of the charges payable to the new committee that
have been deducted by the approved receiver in
the transitional period, and
(c) on and from that repeal, unless the context otherwise
requires, a reference in any other Act, in any instrument
made under an Act or in any document to the old Board
is to be a reference to the new committee.
12 Special powers of new committee
(1) The new committee may appoint, by instrument in writing, a
person who purchases or receives citrus fruit grown or
produced in the Murray Valley production area specified in the
instrument establishing the new committee as an approved
receiver for the term of the transitional period.
(2) The new committee must cause a list of approved receivers to
be published at least once in each year in a newspaper
circulating generally in the production area specified in the
instrument establishing the new committee.
(3) The new committee must keep a list of approved receivers
available for inspection at its office.
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Schedule 1 Amendments
13 Duties of approved receivers
(1) An approved receiver must pay to the new committee the
charges payable to the new committee that have been deducted
by the approved receiver from the proceeds of the sale of citrus
fruit delivered to the approved receiver in the transitional
period.
Maximum penalty: 50 penalty units.
(2) An approved receiver must comply with any written
instructions issued by the new committee relating to
information to be submitted to the new committee about the
amount of citrus fruit received, packed and processed by the
approved receiver and the payments made to the new
committee under subclause (1).
Maximum penalty: 50 penalty units.
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