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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Banana Industry Amendment Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Banana Industry Act 1987 No 66 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, , 2000
New South Wales
Banana Industry Amendment Bill 2000
Act No , 2000
An Act to amend the Banana Industry Act 1987 to alter the functions of the
Banana Industry Committee to remove anti-competitive aspects consistently with
National Competition Policy; to clarify the voting entitlements of banana growers
in respect of elections for the Committee; 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 Banana Industry Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Banana Industry Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Banana Industry Act 1987 No 66
The Banana Industry Act 1987 is amended as set out in Schedule 1.
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Banana Industry Amendment Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 5 Functions of Committee
Insert "in which persons may voluntarily participate" after "bananas" in
section 5 (b).
[2] Section 5 (c)
Omit the paragraph.
[3] Section 5 (d)
Omit the paragraph.
[4] Section 5 (f)
Omit the paragraph. Insert instead:
(f) control, or develop means for controlling, pests or
diseases if, in the Committee's opinion, the pests or
diseases pose a threat to the commercial viability of
banana growers in the State,
[5] Section 5 (l)
Omit "quality control or pest and disease control".
Insert instead "pest or disease control if, in the Committee's opinion, the
pest or disease poses a threat to the commercial viability of banana growers
in the State".
[6] Section 5 (m) and (n)
Omit the paragraphs.
[7] Section 6 Further functions of the Committee
Omit section 6 (a). Insert instead:
(a) enter into and carry out agreements to buy, acquire, sell
or supply bananas, whether grown in New South Wales
or otherwise,
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Banana Industry Amendment Bill 2000
Schedule 1 Amendments
[8] Section 6 (b) and (c)
Omit the paragraphs.
[9] Section 6 (d)
Omit the paragraph. Insert instead:
(d) by its agents and servants (but only in connection with
the exercise of the Committee's functions, under section
5 or 6, in relation to pest or disease control):
(i) inspect bananas at any stage of their production
or marketing, and
(ii) enter for that purpose at any reasonable time any
land or premises (not being a dwelling-house) on
which bananas are grown, stored, ripened or
handled on production of the prescribed written
evidence of the agent's or servant's authority,
[10] Section 6 (e)
Omit "damaged, overripe or otherwise unfit or inappropriate for sale".
Insert instead "infested by a pest, or infected with a disease, that poses a
threat to the commercial viability of banana growers in the State".
[11] Section 6 (g)
Omit the paragraph.
[12] Section 6 (h)
Omit the paragraph.
[13] Section 6 (i)
Omit the paragraph. Insert instead:
(i) by advertisement, declare localities in which bananas
are grown for the purpose of facilitating the exercise of:
(i) the Committee's functions under section 5 or 6
relating to pest or disease control, or
(ii) the Committee's functions under section 7 (2)
(a) or section 9 (2) (b), or
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Banana Industry Amendment Bill 2000
Amendments Schedule 1
(iii) any other of the Committee's administrative
functions under this Act,
[14] Section 6 (l) and (la)
Omit section 6 (l). Insert instead:
(l) erect, maintain, repair, operate and use buildings and all
machinery connected with any such buildings,
(la) regulate the use of buildings of any banana grower and
all machinery connected with any such buildings for the
purpose of controlling pests or diseases in bananas,
[15] Section 6 (p)
Insert "for persons who voluntarily participate in the arrangements" after
"stores".
[16] Section 7 Power to impose charges in relation to services
Omit ", and, with the approval of the Minister," from section 7 (1).
Insert instead "and".
[17] Section 7 (6) (b)
Omit "with the approval of the Minister or a person nominated by the
Minister,".
[18] Section 9
Omit the section. Insert instead:
9 Power of Committee to give directions
(1) For the purposes of exercising any function of the Committee
in relation to pest or disease control, the Committee may give
a direction concerning the treatment, handling, packing or
marketing of bananas that are or may be infested or infected by
any pest or disease.
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Banana Industry Amendment Bill 2000
Schedule 1 Amendments
(2) A direction:
(a) may extend to all pests and diseases infesting or
infecting bananas or to a specified class, or to specified
classes, of pests or diseases infesting or infecting
bananas or to all bananas or a specified class of
bananas, and
(b) may extend throughout the State or to any specified part
or locality within specified boundaries, and
(c) may extend to the method of treatment of land or
bananas for any pest or disease or any other matter
necessary to be specified in relation to the control of the
pest or disease, and
(d) may specify the circumstances in which, and the terms
and conditions on which, the direction does not apply,
and
(e) must specify the period for which the direction is to
remain in force.
(3) The Committee may, at any time by notice in writing to any
banana grower, exempt the grower from the operation of a
direction or revoke the exemption of that grower.
(4) The Committee must not give a direction under this section
unless:
(a) it has published an advertisement giving notice of its
intention to give the direction, setting forth the proposed
direction, and specifying the period for which the
direction is proposed to remain in force, and
(b) it has taken a poll on the question of whether the
direction should be given, if it is requested to do so by
a petition, lodged with the Committee within 30 days
after the publication of the advertisement, of not less
than 100 banana growers, and
(c) the poll is in favour of the direction being given.
(5) Subject to subsections (1) and (2), the Committee may give the
direction specified in the advertisement under subsection (4) by
publishing, not earlier than 30 days after publication of that
advertisement, a further advertisement:
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Banana Industry Amendment Bill 2000
Amendments Schedule 1
(a) specifying that the provisions of this section have been
complied with in respect of the direction, and
(b) setting forth the direction, and
(c) specifying the day (being a day not earlier than the day
of publication of the further advertisement) on and from
which the direction is to take effect, and
(d) specifying the period for which the direction is to
remain in force.
(6) Any of the following persons must comply with the provisions
of a direction:
(a) a banana grower (other than a person exempted from
the direction),
(b) any other person associated with the marketing of
bananas on whom the Committee has, by post, served
a copy of the advertisement by which the direction was
given.
Maximum penalty: 20 penalty units.
(7) A direction may be revoked by the Committee by
advertisement.
(8) A decision of the Committee as to whether a particular person,
thing or activity falls within the limits of any circumstance
referred to in subsection (2) (d) is final.
[19] Sections 11 and 11A
Omit section 11. Insert instead:
11 Power to require information for the purposes of pest or disease
control
(1) For the purposes of exercising any function of the Committee
in relation to pest or disease control or the calculation of
associated charges, the Committee:
(a) may, by advertisement, require all banana growers, or a
specified class or classes of banana growers, whose
crop, in the Committee's opinion, is or may be infested
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Banana Industry Amendment Bill 2000
Schedule 1 Amendments
or infected by a pest or disease to furnish it in writing
(within a time specified in the advertisement) with such
information in relation to bananas and banana products
as is specified in the advertisement, or
(b) may, by notice sent by post, require a person associated
with the marketing of bananas that, in the Committee's
opinion, are or may be infested or infected by the pest
or disease (whether or not the person is a banana
grower) to furnish it in writing (within a time specified
in the notice) with such information in relation to
bananas and banana products as is specified in the
notice.
(2) An advertisement or notice may require any one or more of the
following classes of information to be furnished:
(a) particulars of bananas that are or may be affected by the
pest or disease by reference to type, age, variety, grade,
quality, quantity, the locality in which they were grown
and the identity of the banana grower or supplier,
(b) particulars of the area of land on which the bananas that
are or may be affected by the pest or disease are grown
by or on behalf of the person to whom the
advertisement or notice is directed,
(c) in the case of a banana grower, an estimate, as far as is
practicable, of bananas that are or may be affected by
the pest or disease by reference to type, age, variety,
grade, quality and quantity that the grower expects to
produce for the purpose of sale within any period
specified in the advertisement or notice.
(3) A person:
(a) must not, without reasonable excuse, refuse or fail to
comply with a requirement under this section, or
(b) must not furnish to the Committee under this section
any information that, to the person's knowledge, is false
or misleading in a material particular.
Maximum penalty: 20 penalty units.
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Amendments Schedule 1
11A Power to require information for the purposes of ascertaining
voting entitlements
(1) For the purposes of ascertaining the voting entitlement of
banana growers under Part 4, the Committee:
(a) may, by advertisement, require all banana growers, or a
specified class or classes of banana growers, to furnish
it in writing (within a time specified in the
advertisement) with such information in relation to the
area of any plantation on which bananas are grown by
or on behalf of the growers to whom the advertisement
is directed as is specified in the advertisement, or
(b) may, by notice sent by post, require a person who, in the
Committee's opinion, is a banana grower to furnish it in
writing (within a time specified in the notice) with such
information in relation to the area of any plantation on
which bananas are or may be grown by or on behalf the
person as is specified in the notice.
(2) A person:
(a) must not, without reasonable excuse, refuse or fail to
comply with a requirement under this section, or
(b) must not furnish to the Committee under this section
any information that, to the person's knowledge, is false
or misleading in a material particular.
Maximum penalty: 20 penalty units.
[20] Section 16D Voting entitlements of regional banana growers in election
Omit section 16D (3).
[21] Section 16E One banana grower to vote per plantation
Omit section 16E (2). Insert instead:
(2) If the same two or more persons are banana growers in relation
to more than one plantation (whether or not in the same
region):
(a) only one of them is entitled to vote in respect of all the
plantations, and
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Banana Industry Amendment Bill 2000
Schedule 1 Amendments
(b) both or all of them may, by agreement, nominate in
writing addressed to the Chairperson who of them is
entitled to vote in respect of all the plantations, and
(c) if a nomination is not made under paragraph (b), the
Chairperson is to determine the person who is entitled
to vote, and
(d) sections 16B16D apply to any such banana grower
who is entitled to vote as if the banana grower were the
only banana grower in respect of all the plantations.
[22] Schedule 3 Savings, transitional and other provisions
Insert "Banana Industry Amendment Act 2000" at the end of clause 1 (1).
Page 10
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