New South Wales Consolidated Acts

RICE MARKETING ACT 1983 - SECT 51

51 Appointment of authorised buyers

(1) A board may, by order in writing, appoint any person to be an authorised buyer.

(1A) Subject to the regulations, the manner in which an application for appointment as an authorised buyer is to be made to a board, or dealt with by a board, is to be as determined by the board.

(1B) The regulations may make provision for or with respect to the fees payable to a board by authorised buyers and by applicants for appointment as authorised buyers.

(1C) A board may refuse to appoint a person as an authorised buyer if and only if:

(a) an earlier order appointing the person as an authorised buyer has been revoked during the previous 2 years (otherwise than at the person’s request), or

(b) the board reasonably believes that the person would not comply with the conditions to which the authorised buyer would be subject if the appointment were made.

(2) An authorised buyer is, subject to and in accordance with the relevant order referred to in subsection (1), authorised to purchase, on the authorised buyer’s own account, from a producer of the commodity or any other person any of the commodity which that producer or other person is entitled to sell.

(3) Where a board appoints an authorised buyer under subsection (1) the powers conferred by subsection (2) may be exercised by any employee, or agent, of the authorised buyer who is authorised to do so by the authorised buyer.

(4) A board may enter into an agreement with an authorised buyer for payment of commission or other remuneration to the authorised buyer.

(5) An authorised buyer may also be an authorised agent.

(6) A person who applies to a board for appointment as an authorised buyer may apply to the Administrative Decisions Tribunal for a review of any decision made by the board with respect to the application.

(7) A person whose appointment as an authorised buyer is varied, suspended or revoked by a board may apply to the Administrative Decisions Tribunal for a review of the board’s decision to vary, suspend or revoke the appointment.

(8) Subsections (6) and (7) do not apply to a decision by the board to impose on a person’s appointment as an authorised buyer any condition of the kind referred to in section 51A (2).