New South Wales Consolidated Acts

RICE MARKETING ACT 1983 - SCHEDULE 6

SCHEDULE 6 – Special provisions relating to Rice Marketing Board

(Section 67B)

Part 1 - Preliminary

1 Purpose of Schedule

The purpose of this Schedule is to make further provision with respect to the exercise of functions by the Rice Marketing Board for the State of New South Wales as a marketing board under Part 3 of this Act.

2 Definitions

In this Schedule:
"Board" means the Rice Marketing Board for the State of New South Wales constituted as a board under this Act.

3 Application

(1) This Act (other than this Schedule) and, in particular, Part 3 of this Act, have effect subject to this Schedule.

(2) The provisions of this Act (other than this Schedule) that apply with respect to the Board apply with such modifications as are necessary for the purposes of this Schedule and with such modifications (if any) as may be prescribed by the regulations.

Part 2 - General functions of Board

6 Exemption by Board

(1) An exemption granted by the Board under section 57 may be granted for such term (not exceeding 4 years) as may be specified in the instrument of exemption.

(2) The unexpired term of an exemption granted under section 57 may be extended by one year:

(a) in the case of an exemption granted for a term of one year or less:

(i) at any one time before the expiration of the term, and

(ii) on the first (and each subsequent) anniversary of the date on which an extension is granted under subparagraph (i), and

(b) in the case of an exemption granted for a term exceeding one year-on the first (and each subsequent) anniversary of the date of the granting of the exemption,

unless the exemption is sooner revoked.

(3) The Board is to grant any such extension by notification published in the Gazette or in a newspaper circulating in the area of the Board, or by a notice in writing to the exempted producer.

(4) Despite section 57 (3), an exemption granted by the Board under section 57 is not to be revoked unless the Minister approves of the proposed revocation.

(5) Subclause (4) extends to apply to and in respect of the exemption granted by means of the Notice of Exemption signed for and on behalf of the Board by its Chairman and Secretary on 10 February 1998 and published in Gazette No 52 of 13 March 1998 at page 1537.

7 Specific authorisation for section 51 of Trade Practices Act 1974 (Cth) and Competition Code

Without affecting the generality of section 164 (Authorisations for section 51 of Trade Practices Act 1974 (Cth) and Competition Code), the following are, up to and including 31 January 2009, specifically authorised by this Act for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales :

(a) anything done, by or on behalf of the Board or any appointee of the Board under Part 3, in the exercise of any function in accordance with that Part or this Schedule, and

(b) anything done under any agreement or arrangement entered into by or with the Board under Part 3 or this Schedule, and

(c) anything done under the agreement made on 26 July 2001 between the Board and Ricegrowers’ Co-operative Limited (relating to the whole of the annual New South Wales rice crop), as renewed and in force from time to time.

8 Chairperson of the Board

(1) The Chairperson of the Board is to be elected from among the nominated members of the Board.

(2) This clause commences on the first day after the commencement of the Rice Marketing Amendment Act 2007 on which there is a vacancy in the office of Chairperson.