New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 28A

28A Orders

(1) The Minister may make orders for or with respect to any matter relating to:

(a) the grading or packing of fruit or vegetables, or

(b) the branding or labelling of coverings containing fruit, vegetables or other plants.

(1A) An order under this section must be published in the Gazette.

(2) An order may make provision for or with respect to a matter by applying, adopting or incorporating by reference, with or without modification:

(a) any of the provisions of an Act of New South Wales or the Commonwealth, or of any regulations or other instruments made under such an Act, as in force at a particular time or as in force from time to time, or

(b) any matter contained in any other instrument or writing as in force or existing at the time when the order takes effect.

(3) An order may provide for specified persons, places, matters or things, or specified classes of persons, places, matters or things, to be exempted, either absolutely or subject to conditions, from that or any other order.

(3A) Before an order relating to a matter referred to in subsection (1) (b) is made, the proposed order must be published in at least one newspaper circulating in the area to which the order will apply or in such other publication as the Minister considers appropriate.

(3B) To the extent that an order relates to a matter referred to in subsection (1) (b), it is revoked on the fifth anniversary of the date on which it was published in the Gazette unless it sooner ceases to be in force.

(4) The following provisions of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act:

• section 30 (which relates to the effect of amendment or repeal of statutory rules)

• section 40 (notice of statutory rules to be tabled)

• section 41 (disallowance of statutory rules)

• section 42 (2) (which relates to matters for which statutory rules may make provision).