New South Wales Consolidated Acts

BANANA INDUSTRY ACT 1987 - SECT 9

9 Power of Committee to give directions

(1) For the purposes of exercising any function of the Committee in relation to pest or disease control, the Committee may give a direction concerning the treatment, handling, packing or marketing of bananas that are or may be infested or infected by any pest or disease.

(2) A direction:

(a) may extend to all pests and diseases infesting or infecting bananas or to a specified class, or to specified classes, of pests or diseases infesting or infecting bananas or to all bananas or a specified class of bananas, and

(b) may extend throughout the State or to any specified part or locality within specified boundaries, and

(c) may extend to the method of treatment of land or bananas for any pest or disease or any other matter necessary to be specified in relation to the control of the pest or disease, and

(d) may specify the circumstances in which, and the terms and conditions on which, the direction does not apply, and

(e) must specify the period for which the direction is to remain in force.

(3) The Committee may, at any time by notice in writing to any banana grower, exempt the grower from the operation of a direction or revoke the exemption of that grower.

(4) The Committee must not give a direction under this section unless:

(a) it has published an advertisement giving notice of its intention to give the direction, setting forth the proposed direction, and specifying the period for which the direction is proposed to remain in force, and

(b) it has taken a poll on the question of whether the direction should be given, if it is requested to do so by a petition, lodged with the Committee within 30 days after the publication of the advertisement, of not less than 100 banana growers, and

(c) the poll is in favour of the direction being given.

(5) Subject to subsections (1) and (2), the Committee may give the direction specified in the advertisement under subsection (4) by publishing, not earlier than 30 days after publication of that advertisement, a further advertisement:

(a) specifying that the provisions of this section have been complied with in respect of the direction, and

(b) setting forth the direction, and

(c) specifying the day (being a day not earlier than the day of publication of the further advertisement) on and from which the direction is to take effect, and

(d) specifying the period for which the direction is to remain in force.

(6) Any of the following persons must comply with the provisions of a direction:

(a) a banana grower (other than a person exempted from the direction),

(b) any other person associated with the marketing of bananas on whom the Committee has, by post, served a copy of the advertisement by which the direction was given.

Maximum penalty: 20 penalty units.

(7) A direction may be revoked by the Committee by advertisement.

(8) A decision of the Committee as to whether a particular person, thing or activity falls within the limits of any circumstance referred to in subsection (2) (d) is final.