New South Wales Consolidated Acts

AGRICULTURAL INDUSTRY SERVICES ACT 1998 - SECT 32C

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:

(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.