RICE MARKETING ACT 1983 - As at 1 July 2023 - Act 176 of 1983

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
3. (Repealed)
• 4 Definitions
• 5 Delegation by the Minister
• 5A Delegation by Secretary

PART 2 - CONSTITUTION OF MARKETING BOARDS

Division 1 - Preliminary

• 6 Definitions

Division 2 - Petition and poll for constitution of board

• 7 Petition and proclamation for poll to constitute board

Division 3 - Constitution of board

• 8 Proclamation for first election of board
• 9 Electoral districts
• 10 Constitution of board and declaration of commodity
• 11 Constitution of board
12. (Repealed)
• 13 Change of name of board
• 14 Board may control one or more commodities
• 15 Board may employ staff

Division 4 - Addition of commodity or area to control of board

• 16 Operation of Division
• 17 Petition and proclamation for poll to add product or area to control of board
• 18 Proclamation of addition of commodity or area
• 19 Existing producers may also be polled

Division 5 - Amalgamation of boards

• 20 Operation of Division
• 21 Request for amalgamation by boards
• 22 Invitation by Minister for representations on amalgamation
• 23 Proclamation of amalgamation
• 24 Consequences of amalgamation
• 25 Interim arrangements as to elected members of amalgamated board

Division 6 - Removal of commodity or area from control of board

• 26 Operation of Division
• 27 Petition and proclamation for poll for removal of commodity or area from control of board
• 28 Removal of commodity or area from control of board
• 29 Other producers may also be polled

Division 7 - Winding up and dissolution of board

• 30 Operation of Division
• 31 Advertisement by Minister as to time for petition
• 32 Petition and proclamation for poll to dissolve board
• 33 Request for dissolution by board
• 34 Invitation by Minister for representations on dissolution
• 35 Winding up and dissolution

Division 8 - General provisions

• 36 Expiry and effect of petitions
• 37 Certain persons deemed to be producers for the purposes of petition, poll or election
• 38 Report to be published in connection with poll
• 39 Provisions as to polls
• 40 Provisions as to elections
• 41 Dismissal of board
• 42 Board not to be concerned in party politics
• 43 Appointment of administrator

PART 3 - MARKETING OF COMMODITIES: MARKETING BOARDS

Division 1 - General functions of boards

• 44 Functions relating to the marketing of the commodity
• 45 Voluntary deliveries of the commodity
• 46 Board may deal in the commodity
• 47 Grades and wholesale prices of the commodity
• 48 Manufacturing and processing of the commodity
• 49 Board may deal in other products etc
• 50 Appointment of authorised agents
• 51 Appointment of authorised buyers
• 51A Conditions of appointment as authorised buyer
• 51B General prohibition on sale or supply of commodities outside Australia
• 52 Board may act as marketing agent
• 53 Board may act as purchasing agent
• 54 Miscellaneous functions
• 55 Miscellaneous provisions

Division 2 - Vesting of commodities in boards

• 56 Vesting of commodity in board
• 57 Exemption by board
• 58 Avoidance of contracts for sale of commodity
• 59 Remedy against board confined to claim for account

Division 3 - Delivery of commodities to boards

• 60 Delivery of commodity
• 61 Acceptance of commodity
• 62 Revesting of commodity if not accepted
• 63 Duty to give notice of encumbrances

Division 4 - Payment for vested commodities

• 64 Payments
• 65 Schemes for payments
• 66 Board not liable for payments made in good faith
• 67 Board protected in certain cases

Division 5 - Special provisions relating to certain boards

• 67B Special provisions relating to Rice Marketing Board

PART 4 - CONSTITUTION OF MARKETING COMMITTEES

Division 1 - Constitution of committee

• 68 Constitution of committee and declaration of commodity
• 69 Constitution of committee
• 70 Committee may employ staff
• 71 Change of name of committee
• 72 Committee may control one or more commodities

Division 2 - Winding up and dissolution of committee

• 73 Winding up and dissolution
• 73A Committees established under replacement marketing orders

Division 3 - General provisions

• 74 Dismissal of committee
• 75 Appointment of administrator

PART 5 - MARKETING OF COMMODITIES: MARKETING ORDERS

Division 1 - Preliminary

• 76 Definitions

Division 2 - Provisions relating to the making etc of marketing orders

• 77 Petition for marketing order
• 78 Report to be published in connection with proposal
• 79 Public meeting to be held
• 80 Publication of draft marketing order
• 81 Proclamation for poll as to making of a marketing order
• 82 Making of marketing order
• 83 Marketing order not to be made with respect to certain commodities
• 84 Provisions relating to marketing orders
• 85 Duration of marketing orders
• 86 Petition and proclamation for poll as to continuance of marketing order
• 87 Amendment etc of marketing orders
• 88 Invitation by Minister for representations on revocation of marketing order
• 89 Revocation of marketing order following representations
• 90 Validity of marketing orders

Division 3 - Contents of marketing orders

• 91 Principal contents of marketing order
• 92 Exemptions
• 93 Contents of marketing order relating to composition of committee
• 94 Matters not to be dealt with in marketing order

Division 4 - Removal of commodity or area from control of marketing order

• 95 Operation of Division
• 96 Petition and proclamation for poll to remove commodity or area from control of marketing order
• 97 Removal of commodity or area from control of marketing order
• 98 Other persons may also be polled

Division 5 - General provisions

• 99 Expiry and effect of petitions
• 100 Certain persons deemed to be producers for the purposes of petition
• 101 Provisions as to polls
• 102 Provisions as to elections

Division 6 - Special provisions relating to wine grape marketing orders

• 102A Definitions
• 102B Making of marketing order
• 102C Prohibition on making of further marketing orders
• 102D Application of other provisions to marketing orders made for the purposes of this Division

Division 7 - Special provisions relating to dried prunes industry marketing orders

• 102E Definition of "dried prunes"
• 102F Contents of marketing order
• 102G Prohibition on making of further marketing orders
• 102H Application of other provisions to marketing orders made for the purposes of this Division

PART 6 - FINANCIAL PROVISIONS

Division 1 - General

• 103 Financial accounting periods
104, 105. (Repealed)
• 106 Charges and fees
• 107 Costs incurred by Department etc on behalf of boards etc
• 108 Reserves
• 109 Retention of certain money owing by authorities
• 110 Financial accommodation
• 111 Investment of money of authority
• 112 Futures contracts
• 113 Loans to members of authorities

Division 2 - (Repealed)

PART 7 - PUBLIC ACCOUNTABILITY

• 123 Review of authorities by Secretary
• 124 Reports by authorities
125, 126. (Repealed)
• 127 Annual meetings of authorities
• 128 Management audits
• 129 Powers of Secretary etc at management audit
• 130 Reports of management audits
• 131 Reports to be furnished
• 131A Annual reports by Secretary

PART 8 - STATISTICS, MARKETING INFORMATION AND PROMOTION

• 132 Statistics and marketing information
• 133 Co-operation in marketing
• 134 Dissemination of official information
• 135 Functions of boards etc not affected

PART 9 - INSPECTION ETC

• 136 Appointment of authorised persons
• 137 Information to be furnished
• 138 Access to premises and motor vehicles
• 139 Demanding name and place of abode
• 140 Offences

PART 10 - WINDING UP, ARRANGEMENTS ETC

• 141 Definitions
• 142 Crown to be bound
• 143 Application of Part 5.7 of Corporations Act 2001 of the Commonwealth
• 144 Power to compromise with creditors
• 145 Information as to compromise with creditors
• 146 Regulations and rules
• 147 Exercise of statutory functions
• 148 Persons in default

PART 11 - MISCELLANEOUS

• 149 Proclamations
• 150 Approvals of Minister
• 151 Duties and liability of certain persons
• 152 Offences by members and officers
• 153 Secrecy
• 154 Restrictions on certain dealings
• 155 Offences and penalty
• 156 Proceedings for offences
• 157 Offences by corporations
• 158 Evidentiary provisions
• 159 Service of notices
• 160 Liability
161. (Repealed)
• 162 Savings, transitional and other provisions
• 163 Regulations
• 164 Authorisations for section 51 of Competition and Consumer Act 2010 (Cth) and Competition Code
• 165 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
Schedule 5 (Repealed)
• SCHEDULE 6