New South Wales Repealed Acts

This legislation has been repealed.

FARM PRODUCE ACT 1983 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"farm produce" means vegetables, potatoes and other edible roots and tubers, fruit, honey and such other articles or classes of articles as the Minister may, by order published in the Gazette, declare to be farm produce.
"farm produce agent" means a person who sells farm produce as agent, broker or factor for another person:

(a) in the course of carrying on a business on his or her own behalf, or

(b) in the course of controlling or managing the business of a person who is not resident within New South Wales,

whether or not the business is carried on in connection with any other business but does not include any person or class of persons prescribed for the purposes of this definition.
"farm produce merchant" means a person who purchases farm produce from a producer for the purpose of resale:

(a) in the course of carrying on a business on the person’s own behalf, or

(b) in the course of controlling or managing the business of a person who is not resident within New South Wales,

whether or not the business is carried on in connection with any other business but does not include any person who purchases farm produce for resale exclusively by retail or any other person or class of persons prescribed for the purposes of this definition.
"farm produce seller" means a person who is a farm produce agent or a farm produce merchant, or both.
"functions" includes powers, authorities and duties.
"indemnity" includes bond.
"inspector" means a person authorised by the registrar to be an inspector for the purposes of this Act.
"licence" means a licence granted under this Act.
"licence period" means one of the periods prescribed by the regulations for the purposes of this definition as the periods for which licences are in force.
"licensee" means the holder of a licence which is in force.
"producer" includes a rural society registered under the Co-operation Act 1923 .
"registered office", in relation to a farm produce seller, means the registered office of the farm produce seller as referred to in section 35.
"registrar" means the person appointed as the registrar as referred to in section 6 (2).
"regulations" means regulations made under this Act.

(2) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) A reference in this Act to a sale made by a person as a farm produce agent is a reference to a sale or purported sale of farm produce on behalf of another person, whether or not the purchaser or purported purchaser had or has any interest in the farm produce.