New South Wales Repealed Acts

This legislation has been repealed.

GRAIN MARKETING ACT 1991 - SECT 3

3 Definitions

(1) In this Act:
"authorised agent" means a person appointed under section 39.
"authorised buyer" means a person appointed under section 40.
"authorised officer" means a person appointed under section 85.
"Board" means the New South Wales Grains Board constituted by this Act.
"commodity" means any of the following:

(a) barley,

(b) canola,

(c) grain sorghum.

"Consultative Committee" means the Grain Marketing Consultative Committee constituted by this Act.
"Department" means the Department of Agriculture.
"Director-General" means the Director-General of the Department.
"marketing" includes buying, selling, financing, collecting, cleaning, grading, packing, treating, carrying, storing, warehousing, rehandling, distributing (by wholesale or retail), delivering and promoting.
"permitted period" means the period beginning 6 months after the appointment of the members of the Board to a term of office and ending 6 months before the end of that term but does not include any such period occurring within the period of 4 years after the commencement of section 5.
"producer" means:

(a) a person by whom, or on whose behalf, a commodity is grown or produced for sale, and

(b) if a commodity is grown or produced by a partnership or under a share-farming agreement, each of the partners or each of the parties to that agreement.

"Selection Committee" means the Committee appointed under section 8 for the purpose of nominating members for appointment to the Board.
"sell" includes:

(a) agree to sell, and

(b) offer or expose for sale, and

(c) have in possession for the purpose of sale, and

(d) barter or exchange, and

(e) cause or permit to be done any act referred to in paragraph (a), (b), (c) or (d).

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(2A) For the purposes of this Act, a commodity comes into existence at the time that the crop that bears the commodity concerned is harvested and severed from the land.

Note: See Australian Coarse Grains Pool Pty Ltd v Barley Marketing Board(1985) 157 CLR 605 .

(4) Notes included in this Act do not form part of this Act.