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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Wine Grapes Marketing Board
(Reconstitution) Bill 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Wine grapes marketing
Division 1 Establishment of prices, and terms and
conditions of payment, for MIA wine grapes
4 Price schedules 4
5 Board may make order as to terms and conditions
of payment 5
Division 2 Regulation of deliveries and payments for MIA
wine grapes
6 Application of Division 6
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Contents
Page
7 Deliveries of MIA wine grapes not to be accepted unless
price schedule notified to Board 6
8 Persons accepting delivery of MIA wine grapes to furnish
certain documentation 6
9 Minimum price to be paid for MIA wine grapes 7
10 How payments to be dealt with 7
Division 3 General
11 Application of Division 8
12 Consignees to furnish Board with certain information 8
13 Board may approve certain contracts 8
14 Consignees of duly contracted deliveries to deduct sums for
payment to Board 9
15 Minister may grant exemptions from Part 9
16 No contracting out 9
Part 3 Miscellaneous
17 Departmental inspectors 10
18 Funding of Board's operations 11
19 Recovery of unpaid money 11
20 Proceedings may be taken in name of Board 11
21 Directors and managers liable for offences committed by
corporations 11
22 Agricultural Industry Services (Wine Grapes Marketing
Board) Regulation 2003 12
23 Abolition of former Board 12
24 Amendment of Agricultural Industry Services Act 1998
No 45 12
25 Amendment of Marketing of Primary Products Act 1983
No 176 12
26 Expiry of Act 12
Schedule 1 Agricultural Industry Services (Wine Grapes
Marketing Board) Regulation 2003 13
Schedule 2 Amendment of Agricultural Industry Services
Act 1998 17
Contents page 2
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
2003
New South Wales
Wine Grapes Marketing Board
(Reconstitution) Bill 2003
Act No , 2003
An Act to provide for the reconstitution of the Wine Grapes Marketing Board as
an agricultural industry services committee under the Agricultural Industry
Services Act 1998; to provide for the temporary regulation of the terms and
conditions of payment for MIA wine grapes; and for other purposes.
Clause 1 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Wine Grapes Marketing Board (Reconstitution) Act
2003.
2 Commencement
This Act commences on 1 January 2004.
3 Definitions
In this Act:
Board means the Wine Grapes Marketing Board established by the
regulation set out in Schedule 1.
Board's area of operations means the City of Griffith and the local
government areas of Carrathool, Leeton and Murrumbidgee.
complying contract means:
(a) a contract that fixes:
(i) the prices to be paid for consignments of MIA wine
grapes delivered during the current calendar year only,
or the manner in which those prices are to be calculated,
and
(ii) the date or dates by which those prices, or the various
instalments of those prices, will be paid,
being a contract entered into before the first Monday in
December of the previous calendar year, or
(b) a contract that fixes:
(i) the prices to be paid for consignments of MIA wine
grapes delivered during both the current calendar year
and one or more future calendar years, or the manner in
which those prices are to be calculated, and
(ii) the date or dates by which those prices, or the various
instalments of those prices, will be paid,
being a contract entered into at any time before the first
delivery of wine grapes under the contract, or
(c) a contract the subject of an approval in force under section 13.
Page 2
Wine Grapes Marketing Board (Reconstitution) Bill 2003 Clause 3
Preliminary Part 1
consignee means a person to or for whom a consignment of MIA
wine grapes is delivered.
consignor means a person by or from whom a consignment of MIA
wine grapes is delivered.
Director-General means the Director-General of the Department of
Agriculture.
duly contracted delivery means a consignment of MIA wine grapes
that is delivered pursuant to a complying contract.
former Board means the Wine Grapes Marketing Board, as
constituted under the Marketing of Primary Products Act 1983
immediately before the commencement of this Act.
MIA wine grapes means any variety of grapes grown in the Board's
area of operations for use for processing into wine, must, juice or
wine spirit.
price schedule means a schedule issued by a person for the purpose
of publicising the prices that the person will pay for MIA wine
grapes delivered to the person during the period to which the
schedule relates, as varied from time to time under section 4 (4).
Page 3
Clause 4 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 2 Wine grapes marketing
Part 2 Wine grapes marketing
Division 1 Establishment of prices, and terms and conditions
of payment, for MIA wine grapes
4 Price schedules
(1) Any person may provide the Board with a price schedule, in a form
approved by the Board, for MIA wine grapes to be delivered to the
person otherwise than pursuant to a complying contract.
(2) A price schedule:
(a) must set out minimum prices that will be paid for
consignments of MIA wine grapes delivered during the period
to which the schedule relates, and
(b) may set out minimum prices with respect to:
(i) different varieties and grades of wine grapes, and
(ii) different days and times of delivery.
(3) A price schedule must also set out:
(a) any factor, condition or circumstance that may operate to
reduce any price offered for a consignment of MIA wine
grapes, and
(b) the way in which any such reduction will be calculated.
(4) A person who has provided the Board with a price schedule may, by
notice in writing given to the Board, vary the schedule from time to
time so as:
(a) to change it in relation to wine grapes to which it already
applies, or
(b) to extend it to wine grapes to which it does not already apply.
(5) A reduction in any price arising from the variation of a price
schedule does not have effect until:
(a) 48 hours after the reduction is notified to the Board, in the
case of a reduction notified to the Board before 30 January in
the year concerned, or
(b) 24 hours after the reduction is notified to the Board, in the
case of a reduction notified to the Board on or after 30 January
in the year concerned.
Page 4
Wine Grapes Marketing Board (Reconstitution) Bill 2003 Clause 5
Wine grapes marketing Part 2
(6) A person who has provided the Board with a price schedule must
ensure that copies of the schedule, and any variation of the schedule,
are made available to prospective consignors on request.
5 Board may make order as to terms and conditions of payment
(1) The Board may at any time, by order published in the Gazette:
(a) establish terms and conditions of payment for MIA wine
grapes delivered during that year otherwise than pursuant to a
complying contract, and
(b) establish a formula for calculating the amounts payable to the
Board, towards any rates levied under the Agricultural
Industry Services Act 1998, in relation to deliveries of MIA
wine grapes, and
(c) establish a timetable in accordance with which:
(i) consignees are to make payments to the Board under
sections 10 (1) (a) and 14 (1), and
(ii) the Board is to make payments to consignors under
section 10 (1) (b).
(2) The terms and conditions of payment referred to in subsection (1)
(a) are to be established by the Board having regard to any
submissions made by wineries and wine grape growers within the
meaning of the regulation set out in Schedule 1.
(3) Without limiting subsection (1) (a), the terms and conditions set by
an order under this section may fix the rate at which interest is to
accrue on the late payment of the price of MIA wine grapes so
delivered, or on the late payment of any instalment of that price.
(4) The rate at which interest is to accrue must not exceed the rate
prescribed under section 95 (1) of the Supreme Court Act 1970 for
payment of interest on a judgment debt, plus 5 per cent.
(5) Copies of each order under this section are to be published in at least
one daily newspaper circulating throughout New South Wales.
(6) A failure to comply with the requirements of subsection (5) with
respect to an order under this section does not affect the validity of
the order.
(7) An order that is made under this section after 20 January in any year
does not have effect until the following year.
Page 5
Clause 6 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 2 Wine grapes marketing
(8) The making of an order under this section is specifically authorised
for the purposes of section 51 of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code of New South Wales.
Division 2 Regulation of deliveries and payments for MIA
wine grapes
6 Application of Division
This Division applies to any delivery of MIA wine grapes, other
than a duly contracted delivery.
7 Deliveries of MIA wine grapes not to be accepted unless price
schedule notified to Board
(1) A person must not accept delivery of a consignment of MIA wine
grapes unless a price schedule applicable to that consignment has
been provided to the Board on or before 30 January in that year.
Maximum penalty: 20 penalty units (in the case of a corporation)
and 10 penalty units (in any other case).
(2) A person's contravention of subsection (1) does not affect the
person's other obligations under this Division.
8 Persons accepting delivery of MIA wine grapes to furnish certain
documentation
On accepting delivery of a consignment of MIA wine grapes, the
consignee must give to the consignor, by handing to the person by
whom the consignment is actually delivered, documentation that
sets out:
(a) the date of the delivery, and
(b) the quantity and variety of the wine grapes in the
consignment, and
(c) the relevant provisions of the price schedule applicable to the
consignment, and
(d) any factor, condition or circumstance that operates to reduce
the price payable for the consignment and the amount of any
such reduction.
Maximum penalty: 20 penalty units (in the case of a corporation)
and 10 penalty units (in any other case).
Page 6
Wine Grapes Marketing Board (Reconstitution) Bill 2003 Clause 9
Wine grapes marketing Part 2
9 Minimum price to be paid for MIA wine grapes
(1) The price to be paid for a consignment of MIA wine grapes
delivered on any day is taken to be:
(a) if the consignee has provided a price schedule to the Board:
(i) the price offered for the consignment, reduced in
accordance with any applicable factor, condition or
circumstance set out in the price schedule applicable to
the consignment, or
(ii) the minimum price payable for the wine grapes in
accordance with the price schedule applicable to the
consignment,
whichever is the greater, or
(b) if the consignee has failed to provide a price schedule to the
Board:
(i) the price offered for the consignment, or
(ii) a price equivalent to the average price for wine grapes
of the same variety and grade delivered on the same
day,
whichever is the greater.
(2) For the purposes of subsection (1) (b) (ii), the average price for wine
grapes of a particular variety and grade delivered on a particular day
is the arithmetic mean of the prices for wine grapes of that variety
and grade, delivered on that day, set out in the price schedules
provided to the Board.
10 How payments to be dealt with
(1) Unless the Board directs otherwise, either generally or in relation to
a particular consignee or class of consignees:
(a) the price to be paid for MIA wine grapes delivered on any day
is to be paid by the consignee to the Board in accordance with
the Board's terms and conditions referred to in section 5 (1)
(a), and
(b) the money received by the Board in relation to the delivery,
less any amount calculated in accordance with section 5 (1)
(b), must be paid by the Board to the consignor,
within the period allowed by the Board's timetable for payment
under section 5 (1) (c).
Page 7
Clause 11 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 2 Wine grapes marketing
(2) Such a direction may be given on the Board's own motion or on the
application of one or more consignees.
Division 3 General
11 Application of Division
This Division applies to any delivery of MIA wine grapes, including
a duly contracted delivery.
12 Consignees to furnish Board with certain information
(1) On or before 1 May in each year, each consignee must furnish a
report to the Board with respect to MIA wine grapes that have been
delivered to the consignee during the period beginning 1 July in the
previous year and ending on 14 April in that year.
(2) On or before 30 June in each year, each consignee who has received
MIA wine grapes since 14 April in that year must furnish a
supplementary report to the Board with respect to MIA wine grapes
that have been delivered to the consignee since that date.
(3) The reports must include the following details in relation to each
delivery:
(a) the identity of the consignor of the delivery,
(b) the quantity and variety of the wine grapes in the delivery,
(c) except in the case of a duly contracted delivery, the price of
the wine grapes in the delivery.
(4) A consignee must not fail or refuse to comply with the requirements
of this section.
Maximum penalty: 20 penalty units (in the case of a corporation)
and 10 penalty units (in any other case).
13 Board may approve certain contracts
(1) The Board may approve a contract entered into on or after the first
Monday in December of the previous year, being a contract that
fixes:
(a) the prices to be paid for consignments of MIA wine grapes
delivered during the current calendar year, or the manner in
which those prices are to be calculated, and
(b) the date or dates by which those prices, or the various
instalments of those prices, will be paid.
Page 8
Wine Grapes Marketing Board (Reconstitution) Bill 2003 Clause 14
Wine grapes marketing Part 2
(2) An application for the Board's approval to a contract may be made,
in a form approved by the Board, by any party to the contract.
(3) The Board's approval to a contract is taken to have been given if, at
the expiry of 14 days after such an application has been made, the
Board's decision on the application has not been given to the
applicant.
(4) An applicant may apply to the Administrative Decisions Tribunal
for a review of its decision to refuse to give an approval under this
section.
14 Consignees of duly contracted deliveries to deduct sums for
payment to Board
(1) If a consignee accepts a duly contracted delivery of MIA wine
grapes, the amount calculated in relation to that delivery in
accordance with section 5 (1) (b) is to be paid to the Board by the
consignee within the period allowed by the Board's timetable for
payment under section 5 (1) (c).
(2) The amount may be deducted from any money payable by the
consignee to the consignor with respect to that delivery.
(3) This section does not apply to a duly contracted delivery of MIA
wine grapes in respect of which an amount has been paid to the
Board under this section in relation to a previous delivery of those
wine grapes.
15 Minister may grant exemptions from Part
The Minister may, by order, exempt any specified person or class of
persons, either conditionally or unconditionally, from the operation
of this Part or any specified provision of this Part.
16 No contracting out
A contract or agreement is void to the extent to which it purports to
exclude, modify or restrict the operation of this Part or has the effect
of excluding, modifying or restricting the operation of this Part.
Page 9
Clause 17 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 3 Miscellaneous
Part 3 Miscellaneous
17 Departmental inspectors
(1) In making a decision with respect to the appointment of a person to
exercise the functions of a Departmental inspector under the
Agricultural Industry Services Act 1998 in relation to matters
arising under this Act, the Director-General must have regard to any
submissions or nominations made by the Board.
(2) Despite subsection (1), a person may not be appointed to exercise
any such function if the person is a member of the Board or a
member of the Board's staff.
(3) The powers exercisable by a Departmental inspector under section
33 of the Agricultural Industry Services Act 1998 include the power
to require a person to furnish the inspector with:
(a) information of the kind required to be included in a report
under section 12 of this Act, or
(b) information of the kind necessary to establish whether or not
a particular document is or is not a complying contract.
(4) The powers exercisable by a Departmental inspector under section
34 of the Agricultural Industry Services Act 1998 include the power
to enter premises, and to inspect and take copies of documents, for
the purpose of obtaining:
(a) information of the kind required to be included in a report
under section 12 of this Act, or
(b) information of the kind necessary to establish whether or not
a particular document is or is not a complying contract.
(5) A Departmental inspector may exercise functions under the
Agricultural Industry Services Act 1998 in relation to MIA wine
grapes within or beyond the Board's area of operations.
(6) The Board must pay to the Director-General such amounts as the
Director-General may from time to time determine to defray the
costs and expenses of Departmental inspectors in the exercise of
such of their functions under the Agricultural Industry Services Act
1998 as arise under this section.
Page 10
Wine Grapes Marketing Board (Reconstitution) Bill 2003 Clause 18
Miscellaneous Part 3
18 Funding of Board's operations
Any amounts payable by the Board under this Act, and any costs or
expenses incurred by the Board in the exercise of its functions under
this Act, may be paid for out of the Board's general fund under Part
3 of the Agricultural Industry Services Act 1998.
19 Recovery of unpaid money
Any money due to the Board or the Director-General under this Act
(including any money that becomes payable as a consequence of the
revocation of a direction under section 10) may be recovered as a
debt.
20 Proceedings may be taken in name of Board
(1) Proceedings for an offence against this Act may be taken in the
name of the Board by any officer of the Board who is authorised by
the Board in that regard.
(2) Proceedings taken in the name of the Board are, in the absence of
evidence to the contrary, taken to have been commenced in
accordance with an authority under this section.
(3) This section does not prevent proceedings for an offence against this
Act from being commenced by any person otherwise than in
accordance with an authority under this section.
21 Directors and managers liable for offences committed by
corporations
(1) If a corporation contravenes a provision of this Act, each person
who:
(a) is a director of the corporation, or
(b) is concerned in the management of the corporation,
is to be treated as having contravened that provision if the person
knowingly authorised or permitted the contravention.
(2) A person may, under this section, be proceeded against and
convicted for a contravention of such a provision whether or not the
corporation has been proceeded against or convicted for a
contravention of that provision.
(3) Nothing in this section affects any liability imposed on a corporation
for an offence committed by the corporation against this Act.
Page 11
Clause 22 Wine Grapes Marketing Board (Reconstitution) Bill 2003
Part 3 Miscellaneous
22 Agricultural Industry Services (Wine Grapes Marketing Board)
Regulation 2003
Schedule 1 is taken to be, and has effect as, a regulation made under
the Agricultural Industry Services Act 1998 for the purposes of
section 5 of that Act.
23 Abolition of former Board
The former Board is abolished.
24 Amendment of Agricultural Industry Services Act 1998 No 45
The Agricultural Industry Services Act 1998 is amended as set out
in Schedule 2.
25 Amendment of Marketing of Primary Products Act 1983 No 176
The Marketing of Primary Products Act 1983 is amended by
omitting section 67A and Schedule 5.
26 Expiry of Act
This Act expires on 31 December 2007.
Page 12
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Agricultural Industry Services (Wine Grapes Marketing Board) Regulation Schedule 1
2003
Schedule 1 Agricultural Industry Services (Wine
Grapes Marketing Board) Regulation 2003
(Section 22)
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Agricultural Industry Services (Wine Grapes
Marketing Board) Regulation 2003.
2 Definitions
In this Regulation:
area of operations, in relation to the Board, means the area of
operations for which the Board is constituted, as set out in clause 5.
Board means the agricultural industry services committee
established by this Regulation.
former Board means the Wine Grapes Marketing Board, as
constituted under the Marketing of Primary Products Act 1983
immediately before the commencement of this Regulation.
MIA wine grapes means any variety of grapes grown within the
Board's area of operations for use for processing into wine, must,
juice or wine spirit.
the Act means the Agricultural Industry Services Act 1998.
wine grape grower means a grower that belongs to the class of
primary producers referred to in clause 4.
winery means a processor that processes MIA wine grapes within
the Board's area of operations.
Part 2 Establishment and functions of Board
3 Establishment of Board
(1) There is established by this Regulation an agricultural industry
services committee with the corporate name of the Wine Grapes
Marketing Board.
(2) The Board is a continuation of the former Board.
Page 13
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Schedule 1 Agricultural Industry Services (Wine Grapes Marketing Board) Regulation
2003
4 Class of primary producers for which Board is constituted
For any calendar year, the class of primary producers for which the
Board is constituted includes all growers within the Board's area of
operations who, during the previous calendar year, harvested more
than 20 tonnes of MIA wine grapes, but does not include:
(a) in the case of a corporation:
(i) a grower that is also a winery, or
(ii) a grower in which a winery has a controlling interest, or
(b) in the case of an individual:
(i) a grower who is also a winery, or
(ii) a grower who is a director of a corporation that is a
winery and who (as a grower) supplies the winery with
all of the MIA wine grapes that he or she harvests.
5 Area of operations of Board
The area of operations for which the Board is constituted consists of
the City of Griffith and the local government areas of Carrathool,
Leeton and Murrumbidgee.
6 Commodity for which Board is constituted
The commodity for which the Board is constituted is MIA wine
grapes.
7 Agricultural industry services of Board
The agricultural industry services for which the Board is constituted
are as follows:
(a) the development of a code of conduct for contract
negotiations between wine grape growers and wineries,
(b) the development of draft contract provisions with respect to
the sale of MIA wine grapes to wineries, including provisions
with respect to:
(i) the prices to be paid by wineries, and
(ii) the terms and conditions of payment to be observed by
wineries,
in relation to MIA wine grapes delivered to them by wine
grape growers,
(c) the promotion of private contracts for the sale of MIA wine
grapes to wineries by wine grape growers,
Page 14
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Agricultural Industry Services (Wine Grapes Marketing Board) Regulation Schedule 1
2003
(d) the collection and dissemination of market and industry
information, including the production and publication of
indicator prices for MIA wine grapes grown in the Board's
area of operations,
(e) the conduct of research and development into plant health in
relation to wine grapes,
(f) the provision of education and training in relation to wine
grape production and marketing,
(g) the promotion (in association with organisations representing
wineries) of wine made from MIA wine grapes,
(h) the promotion of regional industry, including regional wine-
making, within the Board's area of operations,
(i) the representation of the wine grape industry in relation to the
matters referred to in paragraphs (a)(h).
Part 3 Other provisions relating to Board
8 Membership of Board
(1) The Board is to consist of 7 members, of whom:
(a) five are to be elected by the Board's constituents, and
(b) two are to be appointed by the elected members.
(2) If there are insufficient eligible nominees for election under
subclause (1) (a), additional members are to be appointed by the
elected members to make up the insufficiency.
9 Quorum for meeting of Board
The quorum for a meeting of the Board is 4 of its members.
10 Voting entitlements of constituents
The voting entitlements for the Board's constituents for both polls
and elections is one vote per constituent.
11 Quorum for meeting of constituents
The quorum for a meeting of the Board's constituents is 30
constituents.
Page 15
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Schedule 1 Agricultural Industry Services (Wine Grapes Marketing Board) Regulation
2003
12 Financial year
The financial year of the Board is the year ending on 31 December.
Page 16
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Amendment of Agricultural Industry Services Act 1998 Schedule 2
Schedule 2 Amendment of Agricultural Industry
Services Act 1998
(Section 24)
[1] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Wine Grapes Marketing Board (Reconstitution) Act 2003
[2] Schedule 4
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Provisions consequent on enactment of
Wine Grapes Marketing Board
(Reconstitution) Act 2003
Agricultural Industry Services (Wine Grapes Marketing Board)
Regulation 2003
(1) The Agricultural Industry Services (Wine Grapes Marketing
Board) Regulation 2003 set out in Schedule 1 to the Wine
Grapes Marketing Board (Reconstitution) Act 2003 (the new
Regulation) may be amended and repealed as if it had been
made under this Act, and does not cease to have effect when
that Act expires.
(2) Sections 4 and 5 do not apply to the new Regulation.
(3) Section 7 applies to the new Regulation as if it had been made
under section 5.
(4) For the purposes of section 7 (2) (b), the term for which each
member of the existing body referred to in that paragraph is
taken to have been elected or appointed is taken to expire on
2 February 2007.
(5) Part 2 of the Subordinate Legislation Act 1989 does not apply
to the new Regulation.
(6) For the purposes of section 10 of the Subordinate Legislation
Act 1989, the new Regulation is taken to have been published
on 1 January 2004.
Page 17
Wine Grapes Marketing Board (Reconstitution) Bill 2003
Schedule 2 Amendment of Agricultural Industry Services Act 1998
(7) Sections 39, 40 and 41 of the Interpretation Act 1987 do not
apply to the new Regulation.
Page 18
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