AGRICULTURAL INDUSTRY SERVICES ACT 1998 - As at 1 July 2023 - Act 45 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 3A Notes

PART 2 - AGRICULTURAL INDUSTRY SERVICES COMMITTEES

Division 1 - Procedure for establishing committees

• 4 Establishment of new agricultural industry services committees
• 5 Continuation of existing agricultural industry services committees, marketing boards and marketing committees
• 6 Content of foundation regulation

Division 2 - Constitution and functions of committees

• 7 Constitution of committees
• 8 Register of constituents
• 9 Functions of committee
• 10 Staff of committee
• 11 Delegation of functions
• 12 Seal of committee
• 13 Personal liability

Division 3 - Accountability

• 14 Meetings of committee's constituents
• 15 Strategic plans and reports
• 16 Role of Secretary
• 17 Initiation of polls by constituents

Division 4 - Winding up of committee's affairs

• 18 Initiation of proposal to wind up committee's affairs
• 19 Action on committee's proposal to wind up committee's affairs
• 20 Circumstances in which committee's affairs to be wound up
• 21 Conduct of winding up

Division 5 - Amendment and repeal of foundation regulations

• 22 Amendment and repeal of foundation regulations

PART 3 - FINANCE

Division 1 - Rates

• 23 Resolution to levy rates
• 24 Levying of rates
• 25 Interest on unpaid rates

Division 2 - Fees and charges for goods and services

• 26 Fees and charges for goods and services

Division 3 - Funds

• 27 Establishment of funds
• 28 Payments into funds
• 29 Payments from funds
• 30 Internal loans between funds
• 31 Investment

Division 4 - Miscellaneous

• 32 Financial year

PART 3A - EXTRA-TERRITORIAL APPLICATION OF ACT

Division 1 - Interpretation

• 32A Definitions

Division 2 - Regulations enabling extra-territorial effect

• 32B Declaration of participating jurisdictions and corresponding legislation
• 32C NSW foundation regulation with operation outside New South Wales
• 32D Declaration of recognised foundation instruments to allow interstate legislation to have effect in New South Wales

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
• 32F Conferral of functions etc and jurisdiction on 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
• 32H Conferral of functions and jurisdiction on participating jurisdiction
• 32I Provisions of agricultural industry services legislation of the participating jurisdiction with specific application not to apply

Division 5 - Polls relating to extra-territorial committees

• 32J Special provisions for polls relating to extra-territorial committees

PART 4 - ENFORCEMENT

• 33 Inspector may require persons to keep records and provide information
• 34 Powers of entry
• 35 Notice of entry
• 36 Use of force
• 37 Care to be taken
• 38 Compensation
• 39 Certificates of authority
• 40 Entry to residential premises
• 41 Search warrants
• 41A Appointment of inspectors

PART 5 - MISCELLANEOUS

• 42 Appeals
• 42A Territorial application of this Act
• 43 Act binds Crown
• 44 Recovery of unpaid money
• 45 Service of documents on persons
• 46 Service of documents on committees
• 47 Annual reports by Secretary
• 48 Disclosure and misuse of information
• 49 Proceedings for offences
• 50 Directors and managers liable for offences committed by corporations
• 51 Regulations
52. (Repealed)
• 52A Savings, transitional and other provisions
• 53 Review of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 4