New South Wales Consolidated Acts

BANANA INDUSTRY ACT 1987 - SECT 11

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 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.