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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Poultry Meat Industry Amendment
(Prevention of National Competition
Policy Penalties) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Poultry Meat Industry Act 1986 No 101 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2005
New South Wales
Poultry Meat Industry Amendment
(Prevention of National Competition
Policy Penalties) Bill 2005
Act No , 2005
An Act to amend the Poultry Meat Industry Act 1986 in relation to the regulation of
the poultry meat industry.
Poultry Meat Industry Amendment (Prevention of National Competition
Clause 1 Policy Penalties) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Poultry Meat Industry Amendment (Prevention of
National Competition Policy Penalties) Act 2005.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
subject to subsection (2).
(2) Schedule 1 [10] commences on the day appointed under section 4 of the
Farm Produce (Repeal) Act 1996 for the repeal of section 38 of the
Farm Produce Act 1983.
3 Amendment of Poultry Meat Industry Act 1986 No 101
The Poultry Meat Industry Act 1986 is amended as set out in
Schedule 1.
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Omit the definitions of agreement, base rate, Chairperson, efficiency
incentive agreement, efficiency incentive rules, efficiency incentive scheme,
excluded poultry, member, regulation and standard agreement from section
3 (1).
Insert in alphabetical order:
Advisory Group means the Poultry Meat Industry Advisory
Group established under section 6A.
Department means the Department of Primary Industries.
Director-General means Director-General of the Department.
poultry growing agreement means an agreement between a
grower and a processor under which:
(a) the processor delivers designated poultry to the grower for
growing, and
(b) the grower grows the poultry so delivered and returns it to
the processor for processing.
secretary of the Committee means the person employed as
secretary of the Committee as referred to in section 5 (2).
[2] Section 3 (3)
Omit the subsection.
[3] Section 4 Constitution of Committee
Omit section 4 (3). Insert instead:
(3) The Committee is to consist of 3 members appointed by the
Minister, of whom:
(a) one is to be an independent person of the Minister's own
choosing, and
(b) two are to be independent persons of whom at least one is,
in the opinion of the Minister, skilled in arbitration,
mediation or some other form of dispute resolution.
[4] Section 4 (7)
Omit "(a) and (d)".
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Schedule 1 Amendments
[5] Sections 4 (7) (a) and 5 (2) and Schedule 1, clause 2 (2)
Omit "of Agriculture" wherever occurring.
[6] Section 5 Staff of Committee
Omit "the Public Service Act 1979" from section 5 (1).
Insert instead "Chapter 2 of the Public Sector Employment and Management
Act 2002".
[7] Section 6
Omit the section. Insert instead:
6 Functions of Committee
(1) The functions of the Committee are as follows:
(a) to establish:
(i) codes of practice for use in the conduct of
negotiations between growers and processors, and
(ii) contract guidelines as to the matters that poultry
growing agreements might appropriately address,
(b) to make recommendations to the Minister regarding:
(i) matters that poultry growing agreements should be
required to address, and
(ii) standard provisions for inclusion in poultry growing
agreements in relation to those matters,
(c) to inquire into, and make reports to the Minister on:
(i) such matters relating to the poultry meat industry as
the Minister refers to the Committee for inquiry and
report, and
(ii) such other matters relating to the poultry meat
industry as the Committee considers appropriate for
inquiry and report,
(d) to facilitate the resolution of disputes between processors
and growers,
(e) to exercise such other functions with respect to the poultry
meat industry as are prescribed by the regulations.
(2) For the purpose of exercising its functions under subsection (1)
(a) and (b), the Committee must seek advice from, and have
regard to the views of, the Advisory Group.
(3) Copies of any codes of practice and contract guidelines
established under this section:
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Amendments Schedule 1
(a) must be kept available at the office of the Department for
inspection by the public, free of charge, during ordinary
business hours, and
(b) must be posted on the Department's internet site.
[8] Part 2A
Insert after Part 2:
Part 2A Poultry Meat Industry Advisory Group
6A Establishment of Advisory Group
(1) A body is to be established under the name of the "Poultry Meat
Industry Advisory Group".
(2) The Advisory Group is not, and does not represent, the Crown.
(3) The Advisory Group is to consist of 7 members appointed by the
Minister, of whom:
(a) 1 is to be an independent person of the Minister's own
choosing, and
(b) 3 are to represent processors and are to be nominated in
accordance with the regulations, and
(c) 3 are to represent growers and are to be elected in
accordance with the regulations.
(4) The member referred to in subsection (3) (a) is to be the
Chairperson of the Advisory Group.
(5) Schedule 1 has effect with respect to the members of the
Advisory Group.
(6) Schedule 2 has effect with respect to the procedure of the
Advisory Group.
(7) In subsection (3) (a), independent means the following:
(a) not an officer of the Department,
(b) not a representative of processors or growers.
6B Function of Advisory Group
The function of the Advisory Group is to furnish advice to the
Committee regarding the following:
(a) codes of practice for use in the conduct of negotiations
between growers and processors,
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Schedule 1 Amendments
(b) contract guidelines as to the matters that poultry growing
agreements should be encouraged to address,
(c) matters that poultry growing agreements should be
required to address,
(d) standard provisions for inclusion in poultry growing
agreements in relation to the matters referred to in
paragraph (c),
(e) such other matters with respect to the poultry meat
industry as the Advisory Group considers appropriate for
advice.
[9] Part 3
Omit Parts 3 and 4. Insert instead:
Part 3 Poultry growing agreements
7 Poultry growing agreements to address prescribed matters
(1) A poultry growing agreement must address such matters as may
be prescribed by the regulations.
(2) Compliance with this section in relation to any such matter may
be achieved:
(a) by including in the agreement (whether by reference or
otherwise) the standard provision prescribed by the
regulations in relation to that matter, or
(b) by including in the agreement some other provision
(whether to the same effect as the standard provision or to
some other effect), being a provision that is expressed to be
included in the agreement in compliance with this section
in relation to that matter.
(3) A poultry growing agreement that does not comply with this
section in relation to any such matter is taken, for all purposes, to
include the standard provision prescribed by the regulations in
relation to that matter.
(4) A standard provision that is included, or taken to be included, in
a poultry growing agreement prevails over any other provision of
the agreement (other than another standard provision) to the
extent of any inconsistency between them.
8 Processor to notify Director-General of certain matters
(1) Within one month after a processor and a grower enter into a
poultry growing agreement, the processor:
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Amendments Schedule 1
(a) must send notice of that fact to the Director-General, and
(b) must pay a notification fee to the Director-General.
Maximum penalty: 10 penalty units.
(2) The notice referred to in subsection (1) (a):
(a) must be in the form approved by the Director-General, and
(b) must identify the grower by whom, and each address at
which, designated poultry is to be grown under the
agreement, and
(c) must indicate the date on which the agreement was entered
into and the period for which it is to remain in force.
(3) The notification fee referred to in subsection (1) (b) is to be of an
amount determined in accordance with a scheme established by
the Director-General.
(4) The object of such a scheme should be to ensure that the amounts
received from notification fees during any period are equivalent
to the costs and expenses of the Committee and Advisory Group
during that period.
9 Authorisations
(1) The following are specifically authorised by this Act for the
purposes of the Trade Practices Act 1974 of the Commonwealth
and the Competition Code of New South Wales:
(a) any agreements entered into between 2 or more growers, or
between 2 or more growers and a processor, in relation to
the growing of designated poultry,
(b) the conduct of those growers and that processor in
negotiating and entering into any such agreement,
(c) the conduct of those growers and that processor in
performing any such agreement.
(2) Anything authorised to be done by this section is authorised only
to the extent to which it would otherwise contravene Part IV of
the Trade Practices Act 1974 of the Commonwealth or the
Competition Code of New South Wales.
(3) In this section, agreement includes a contract, arrangement or
understanding.
[10] Section 13 Inspectors
Omit paragraph (a) from the definition of inspector.
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Schedule 1 Amendments
[11] Section 18 Disputes
Omit the section.
[12] Section 19
Omit the section. Insert instead:
19 Certificate as to notification relating to poultry growing agreement
A certificate signed by the Director-General, or by such other
person as may be prescribed by the regulations, and stating that,
on a specified date or during a specified period, the
Director-General had or had not been notified under section 8
that a specified processor and specified grower had entered into
a poultry growing agreement is admissible in any legal
proceedings and is evidence of that fact.
[13] Section 23 Regulations
Insert after section 23 (1):
(1A) In particular, a regulation:
(a) may prescribe matters that poultry growing agreements
must address, and
(b) may prescribe standard provisions for inclusion in poultry
growing agreements in relation to those matters.
[14] Section 26
Insert after section 25:
26 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the
Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as practicable after the
period of 3 years from the date of commencement of the Poultry
Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Act 2005.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the period
of 3 years.
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Amendments Schedule 1
[15] Schedule 1, heading
Omit the heading and source reference. Insert instead:
Schedule 1 Provisions relating to the members
of the Committee and the Advisory
Group
(Sections 4 (5) and 6A (5))
[16] Schedule 1, clause 1
Insert before clause 2:
1 Definitions
In this Schedule:
Chairperson means Chairperson of the Committee or
Chairperson of the Advisory Group, as the context requires.
member means member of the Committee or member of the
Advisory Group, as the context requires.
[17] Schedule 1, clause 3
Omit "term of". Insert "term not exceeding".
[18] Schedule 1, clauses 5 and 6 (2)
Omit "section 4" wherever occurring. Insert instead "section 6A".
[19] Schedule 1, clause 6 (1)
Omit "the Committee is constituted as provided by section 4 (3)".
Insert instead "the Committee or Advisory Group is duly constituted".
[20] Schedule 1, clauses 7, 8 and 10
Insert "or Advisory Group" after "Committee" wherever occurring.
[21] Schedule 1, clause 9 (1)
Omit "The Public Service Act 1979".
Insert instead "Chapter 2 of the Public Sector Employment and Management
Act 2002".
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Schedule 1 Amendments
[22] Schedule 2, heading
Omit the heading and source reference. Insert instead:
Schedule 2 Provisions relating to the procedure
of the Committee and the Advisory
Group
(Sections 4 (6) and 6A (6))
[23] Schedule 2, clause 1A
Insert before clause 1:
1A Definitions
In this Schedule:
Chairperson means Chairperson of the Committee or
Chairperson of the Advisory Group, as the context requires.
member means member of the Committee or member of the
Advisory Group, as the context requires.
[24] Schedule 2, clauses 1 and 36
Insert "or Advisory Group" after "Committee" wherever occurring.
[25] Schedule 2, clause 2
Omit "8". Insert instead "2".
[26] Schedule 2, clause 2 (2)
Insert at the end of clause 2:
(2) The quorum for a meeting of the Advisory Group is 4 members.
[27] Schedule 2, clause 6 (1)
Omit "or by 5 or more members".
Insert instead "or by a quorum of its members".
[28] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Poultry Meat Industry Amendment (Prevention of National
Competition Policy Penalties) Act 2005
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Amendments Schedule 1
[29] Schedule 3, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Poultry Meat Industry Amendment
(Prevention of National Competition Policy
Penalties) Act 2005
12 Definitions
In this Part:
the amended Act means this Act, as amended by the amending
Act.
the amending Act means the Poultry Meat Industry Amendment
(Prevention of National Competition Policy Penalties) Act 2005.
the unamended Act means this Act, as in force immediately
before the commencement of the amending Act.
13 Committee members
(1) The person who, immediately before the commencement of
Schedule 1 [3] to the amending Act, was the member of the
Committee referred to in section 4 (3) (a) of the unamended Act
is taken to have been appointed as the member referred to in
section 4 (3) (a) of the amended Act.
(2) A person who, immediately before the commencement of
Schedule 1 [3] to the amending Act, was a member of the
Committee referred to in section 4 (3) (d) of the unamended Act
is taken to have been appointed as a member referred to in section
4 (3) (b) of the amended Act.
(3) Subject to clause 7 of Schedule 1 to the amended Act, each
member referred to in subclause (1) or (2) holds office for the
residue of the term for which he or she was appointed as a
member under the unamended Act.
14 Continuation of existing poultry growing agreements
(1) Subject to subclause (2), the substitution by Schedule 1 [9] to the
amending Act of Part 3 of the unamended Act does not affect any
existing poultry growing agreement.
(2) The price for batch poultry received by a processor from a grower
under an existing poultry growing agreement is to be calculated:
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Poultry Meat Industry Amendment (Prevention of National Competition
Policy Penalties) Bill 2005
Schedule 1 Amendments
(a) at the rate that would be applicable to the poultry under
Part 3 of the unamended Act were that Part still in force, or
(b) at such other rate as the processor and grower may from
time to time agree.
(3) Subclause (2) (a) ceases to have effect at the end of 31 December
2005.
(4) Section 9 of the amended Act applies to any agreement and
conduct with respect to an agreement referred to in subclause (2)
(b) in the same way as it applies to any agreement and conduct
with respect to a poultry growing agreement entered into in
accordance with the amended Act.
(5) In this clause, existing poultry growing agreement means an
agreement entered into, in accordance with Part 3 of the
unamended Act, before the substitution of that Part by Schedule
1 [9] to the amending Act.
15 Continued application of section 9A of unamended Act
Section 9A of the unamended Act continues to apply to any
agreement and conduct to which it applied immediately before
the repeal of that section as if that section had not been repealed.
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