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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Agricultural Industry Development (Further
Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 3
4. Purposes 3
5. Definitions 4
6. New sections 3A and 3B inserted 5
3A. Territorial application of this Act 5
3B. Act binds the Crown 5
7. Disallowance of Ministerial Orders 5
8. Restriction of powers of authorised officers 5
9. Requirements for Committees 6
10. New Division 3 inserted in Part 2 6
Division 3--Orders enabling extra-Territorial Effect 6
19A. Declaration of participating jurisdictions and
corresponding legislation 6
19B. Making of Orders to have extra-territorial operation
outside Victoria 7
19C. Declaration of recognised instruments to allow
interstate legislation to have extra-territorial effect
in Victoria 9
19D. Disallowance of Orders providing for extra-territorial
operation 10
11. Authorised officers 11
12. Limited powers of entry 11
13. Powers of authorised officers 11
51A. Search warrants 11
51B. Announcement before entry 13
51C. Details of warrant to be given to occupier 13
14. Transfer of assets and liabilities to bodies in participating
jurisdictions on winding up and dissolution 14
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Clause Page
15. New Part 4 inserted 14
PART 4--COMMITTEES WITH EXTRA-TERRITORIAL
APPLICATION 14
Division 1--Preliminary 14
55. Laws associated with agricultural industry
development legislation 14
Division 2--Area Transferred to Control of Victoria with
respect to Specified Commodity 16
56. Application of Victorian agricultural industry
development legislation and associated laws in area
outside Victoria 16
57. Conferral of functions etc. and jurisdiction on
Victoria 16
Division 3--Area Transferred to the Control of
Participating Jurisdiction with respect to Specified
Commodity 17
57A. Application of participating jurisdiction's agricultural
industry development legislation and associated laws
in Victoria 17
57B. Conferral of functions, powers and jurisdiction on
participating jurisdiction 18
57C. Provisions of agricultural industry development
legislation of the participating jurisdiction with
specific application not to apply 19
16. New section 58A inserted 20
58A. Offences relating to polls 20
17. New section 58B inserted 20
58B. Special provisions for polls relating to extra-territorial
committees 20
18. Murray Valley Citrus Marketing Board 22
19. New section 64 inserted 22
64. Poll of Murray Valley citrus producers 22
20. Repeal of Murray Valley Citrus Marketing Act 1989 23
21. New Part 8 inserted 23
PART 8--TRANSITIONALS 24
65. Definitions 24
66. Transitional 24
67. Special powers of new Committee 26
68. Duties of approved receivers 26
ENDNOTES 28
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PARLIAMENT OF VICTORIA
Initiated in Assembly 5 June 2002
A BILL
to amend the Agricultural Industry Development Act 1990 to make
provision for committees established under that Act or the
corresponding Act of New South Wales or another State or internal
Territory to represent the interests of producers of agricultural
commodities in Victoria and elsewhere, to repeal the Murray Valley
Citrus Marketing Act 1989 and for other purposes.
Agricultural Industry Development
(Further Amendment) Act 2002
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to--
(a) amend the Agricultural Industry
Development Act 1990 to make provision
5 for--
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(i) committees established under that Act
or the corresponding Act of New South
Wales or another State or internal
Territory to represent the interests of
5 producers of agricultural commodities
in Victoria and elsewhere; and
(ii) the law of Victoria or the State or
Territory under which the Committee is
established and the associated laws of
10 Victoria or that State or Territory to
apply outside Victoria or that State or
Territory in place of the law that would
otherwise apply;
(b) repeal the Murray Valley Citrus
15 Marketing Act 1989.
2. Commencement
(1) Section 1, this section and sections 3, 8, 9, 11, 12,
13, 16 and 18 come into operation on the day after
the day on which this Act receives the Royal
20 Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed
(3) If a provision of this Act, other than sections 20
25 and 21, does not come into operation on or before
1 July 2003, it comes into operation on that day.
(4) If sections 20 and 21 do not come into operation
on or before 1 July 2004, those sections come into
operation on that day.
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3. Principal Act
See:
In this Act, the Agricultural Industry Act No.
Development Act 1990 is called the Principal 48/1990.
Reprint No. 2
Act. as at
11 March
1999 and
amending
Act Nos
76/2000,
11/2001 and
44/2001.
Law Today:
www.dms.
dpc.vic.
gov.au
5 4. Purposes
After section 1(a) of the Principal Act insert--
"(b) to provide for Committees established by or
under this Act to perform functions and
exercise powers in relation to agricultural
10 commodities grown or produced outside
Victoria;
(c) to provide for Committees or other persons
or bodies established under the
corresponding legislation of New South
15 Wales or another State or internal Territory
to perform their functions and exercise their
powers with respect to agricultural
commodities grown or produced in certain
areas of Victoria;
20 (d) to provide for the law of Victoria or the State
or Territory under which the Committee,
person or body is established and certain
associated laws of Victoria or that State or
Territory to apply outside Victoria or that
25 State or Territory in place of the laws that
would otherwise apply.".
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5. Definitions
In section 3 of the Principal Act, insert the
following definitions--
' "agricultural industry development
5 legislation" means the agricultural industry
development legislation of Victoria or the
corresponding agricultural industry
development legislation of New South Wales
or another State or internal Territory;
10 "agricultural industry development legislation
of Victoria" means this Act and the
regulations and Orders made under this Act;
"associated laws" has the meaning given in
section 55;
15 "corresponding agricultural industry
development legislation" means the
provisions of an Act or an Order, regulation
or other instrument under an Act of a
participating jurisdiction in respect of which
20 a declaration by the Governor in Council
under section 19A is in force;
"law" includes unwritten law;
"participating jurisdiction" means--
(a) New South Wales; or
25 (b) another State or internal Territory in
respect of which a declaration by the
Governor in Council under section 19A
is in force;
"recognised instrument" means an Order,
30 regulation or other instrument made under an
Act of a participating jurisdiction
corresponding with this Act in respect of
which a declaration by the Governor in
Council under section 19C is in force;'.
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6. New sections 3A and 3B inserted
After section 3 of the Principal Act insert--
"3A. Territorial application of this Act
(1) This Act applies both within and outside
5 Victoria.
(2) This Act applies outside Victoria to the full
extent of the extraterritorial legislative power
of the Parliament.
3B. Act binds the Crown
10 (1) This Act binds the Crown in right of Victoria
and, so far as the legislative power of the
Parliament permits, the Crown in all its other
capacities.
(2) Nothing in this Act makes the Crown in any
15 of its capacities liable to be prosecuted for an
offence.".
7. Disallowance of Ministerial Orders
In section 8(4) of the Principal Act for "section
6(2) of the Subordinate Legislation Act 1962"
20 substitute "section 23 of the Subordinate
Legislation Act 1994".
8. Restriction of powers of authorised officers
At the end of section 18 of the Principal Act
insert--
25 "(2) Without limiting section 19, an Order may
provide that an authorised officer may only
exercise powers relating to the entry and
search of premises that are specified in the
Order.
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(3) Despite sub-section (1), if an Order
empowering an authorised officer to enter
and search premises restricts those powers of
search and entry, an authorised officer's
5 powers of search and entry under sub-section
(1) and sections 51 and 51A are restricted in
accordance with that Order.".
9. Requirements for Committees
(1) Section 19(1)(d) of the Principal Act is repealed.
10 (2) In section 42 of the Principal Act--
(a) in sub-section (2) for "a general meeting"
substitute "an annual general meeting
required by sub-section (1)";
(b) in sub-section (3) for "a general" substitute
15 "the annual general";
(c) in sub-section (3) for paragraph (b)
substitute--
"(b) its latest plan of operations.".
10. New Division 3 inserted in Part 2
20 After section 19 of the Principal Act insert--
"Division 3--Orders enabling extra-Territorial
Effect
19A. Declaration of participating jurisdictions
and corresponding legislation
25 The Governor in Council, on the
recommendation of the Minister, by Order in
Council published in the Government
Gazette, may--
(a) declare another State or internal
30 Territory to be a participating
jurisdiction for the purposes of this Act;
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(b) declare an Act or an Order, regulation
or other instrument of a participating
jurisdiction relating to agricultural
industry development to be
5 corresponding agricultural industry
development legislation for the
purposes of this Act.
19B. Making of Orders to have extra-territorial
operation outside Victoria
10 (1) The Minister may make an Order under
section 8 that provides for this Act and the
Order to apply--
(a) in Victoria or in a production area in
Victoria that is specified in the Order;
15 and
(b) in an area of a participating jurisdiction
that is specified in the Order; and
(c) to and in relation to the relevant
commodity specified in the Order that
20 is grown or produced in Victoria and in
a participating jurisdiction that is
specified in the Order; and
(d) to and in relation to the producers of the
relevant commodity in Victoria and in a
25 participating jurisdiction.
(2) This Part and Part 5 apply to the making of
an Order referred to in sub-section (1) with
the following modifications--
(a) a reference to an area includes an area
30 in the participating jurisdiction; and
(b) the modifications set out in this section
and section 58B.
(3) A report under section 5(3) must be
forwarded as soon as practicable after it is
35 prepared to the Minister responsible for
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administering the corresponding agricultural
industry development legislation in the
participating jurisdiction.
(4) The Minister must not direct that a poll of
5 producers be held for the making of an Order
referred to in sub-section (1) unless the
Minister responsible for administering the
corresponding agricultural industry
development legislation in the participating
10 jurisdiction has agreed to the--
(a) submission of the question to the
producers of whether the proposed
Order should be made; and
(b) content of the draft report to be
15 advertised and distributed under
section 5(3); and
(c) content of the draft Order under
section 7(2) to be submitted to
producers.
20 (5) The Minister may make an Order under
section 8 for the purposes of this section if--
(a) the majority of votes cast in the poll of
producers in the production area in
Victoria are in favour of the making of
25 the proposed Order; and
(b) the outcome of the poll of growers or
producers in the participating
jurisdiction would enable the Minister
in the participating jurisdiction to make,
30 or recommend the making of, a
declaration or other instrument under
the corresponding agricultural industry
legislation to declare the proposed
Order to be a recognised instrument for
35 the purposes of the corresponding
agricultural industry legislation.
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(6) An Order referred to in sub-section (1) does
not take effect unless the Order is declared to
be a recognised instrument by the Governor
in Council of the State or Territory in which
5 the Order is to have effect.
(7) An Order referred to in sub-section (1) takes
effect from the date a declaration under sub-
section (6) is made or from such later date as
is specified in the Order.
10 (8) Division 2 of Part 4 applies to and in relation
to an Order referred to in sub-section (1)
from the date the Order takes effect.
19C. Declaration of recognised instruments to
allow interstate legislation to have extra-
15 territorial effect in Victoria
(1) The Governor in Council, on the
recommendation of the Minister, by Order in
Council published in the Government
Gazette, may declare an Order or regulation
20 or other instrument made under an Act of a
participating jurisdiction corresponding to
this Act to be a recognised instrument for the
purposes of this Act.
(2) The Minister must not make a
25 recommendation for the purposes of sub-
section (1) unless the Minister is satisfied
that there has been a poll conducted of the
producers of the commodity which is
proposed to be regulated under the Order,
30 regulation or other instrument and the
majority of the votes cast by producers in
Victoria who are entitled to vote in the poll
are in favour of the proposed Order,
regulation or other instrument.
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(3) An Order in Council under sub-section (1)
may declare that a recognised instrument of a
participating jurisdiction applies--
(a) in Victoria or in a production area in
5 Victoria that is specified in the Order;
and
(b) in the participating jurisdiction or an
area of the participating jurisdiction
that is specified in the Order; and
10 (c) to and in relation to the relevant
commodity specified in the Order in
Victoria and in the participating
jurisdiction that is specified in the
Order; and
15 (d) to and in relation to the growers or
producers of the relevant commodity in
Victoria and in the participating
jurisdiction.
(4) Division 3 of Part 4 applies to and in relation
20 to an Order referred to in sub-section (1)
from the date the Order comes into
operation.
19D. Disallowance of Orders providing for extra-
territorial operation
25 (1) An Order in Council made under section
19A or 19C comes into operation on
publication in the Government Gazette or on
such later date as is specified in the Order.
(2) A copy of an Order in Council must be laid
30 before each House of Parliament on or
before the 6th sitting day of that House after
publication of the Order in the Government
Gazette.
(3) Sections 23, 24 and 25 of the Subordinate
35 Legislation Act 1994 apply to an Order in
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Council made under section 19A or 19C as if
the Order in Council were a statutory rule
within the meaning of that Act.".
11. Authorised officers
5 For section 50(3) of the Principal Act
substitute--
"(3) An authorised officer must produce his or
her certificate of identification for
inspection--
10 (a) before exercising a power under this
Division; and
(b) at any time during the exercise of a
power under this Division, if asked to
do so.".
15 12. Limited powers of entry
In section 51 of the Principal Act after "search
premises" insert "with the consent of the
occupier".
13. Powers of authorised officers
20 After section 51 of the Principal Act insert--
"51A. Search warrants
(1) An authorised officer, with the written
approval of the Department Head, and, if
authorised to do so under an Order, may
25 apply to a magistrate for the issue of a search
warrant in relation to particular premises, if
the authorised officer believes on reasonable
grounds that there is on the premises
evidence that a person or persons may have
30 contravened this Act or an Order.
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the authorised
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officer that there are reasonable grounds to
believe that there is any relevant commodity,
books, equipment, receptacle or other thing
relating to the production or processing of a
5 relevant commodity connected with a
contravention of this Act or an Order on any
premises, the magistrate may issue a search
warrant, in accordance with the Magistrates'
Court Act 1989, authorising an authorised
10 officer named in the warrant, together with
any other person or persons named or
otherwise identified in the warrant and with
any necessary equipment--
(a) to enter the premises specified in the
15 warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
(iii) secure against interference;
20 (iv) examine, inspect and take and
keep samples of;
(v) inspect and make copies of, or
take extracts from--
the relevant commodity, books,
25 equipment, receptacle or other thing of
a particular kind named or described in
the warrant and which the authorised
officer believes, on reasonable grounds,
to be connected with the alleged
30 contravention.
(3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
required and the nature of the alleged
35 contravention; and
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(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
5 stated hours of the day or night; and
(d) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
(4) Except as provided by this Act, the rules to
10 be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
51B. Announcement before entry
15 (1) On executing a search warrant, the
authorised officer executing the warrant--
(a) must announce that he or she is
authorised by the warrant to enter the
premises; and
20 (b) if the authorised officer has been unable
to obtain unforced entry, must give any
person at the premises an opportunity to
allow entry to the premises.
(2) An authorised officer need not comply with
25 sub-section (1) if he or she believes, on
reasonable grounds that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
30 search warrant is not frustrated.
51C. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the
authorised officer must--
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(a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
5 (2) If the occupier is not present at premises
where a search warrant is being executed, the
authorised officer must--
(a) identify himself or herself to a person at
the premises; and
10 (b) give to the person a copy of the
warrant.".
14. Transfer of assets and liabilities to bodies in
participating jurisdictions on winding up and
dissolution
15 In section 54(8)(a) of the Principal Act after
"commodity" insert "(including bodies or
organisations that represent the interests of
producers in a participating jurisdiction)".
15. New Part 4 inserted
20 After section 54 of the Principal Act insert--
'PART 4--COMMITTEES WITH EXTRA-
TERRITORIAL APPLICATION
Division 1--Preliminary
55. Laws associated with agricultural industry
25 development legislation
For the purposes of this Act, "associated
laws", in relation to the agricultural industry
development legislation of Victoria or a
participating jurisdiction, are the provisions
30 of any laws of Victoria or that jurisdiction
concerning a matter arising under that
legislation relating to the following--
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(a) the jurisdiction of courts and tribunals
under that legislation;
(b) the procedure before courts and
tribunals exercising jurisdiction under
5 that legislation (including with respect
to evidence, appeals and review);
(c) the judicial review of administrative
decisions under that legislation;
(d) the jurisdiction of the Ombudsman with
10 respect to the conduct of public
officials under that legislation;
(e) the access to information held by public
officials under that legislation and the
correction or amendment of that
15 information;
(f) the protection of the privacy of personal
information held by bodies established
under that legislation;
(g) the disclosure of improper conduct by
20 public officials under that legislation
and bodies established under that
legislation, the investigation of the
matters disclosed and the protection of
persons who make those disclosures or
25 who may suffer reprisals in relation to
those disclosures;
(h) the provision of financial statements
and annual reports by bodies
established under that legislation;
30 (i) the conduct of financial and
performance audits of bodies
established under that legislation;
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(j) the interpretation of that legislation.
Division 2--Area Transferred to Control of
Victoria with respect to Specified Commodity
56. Application of Victorian agricultural
5 industry development legislation and
associated laws in area outside Victoria
This Division has effect for the purposes of
the provisions of the corresponding
agricultural industry development legislation
10 in the area described in an Order under
section 19B and in relation to that area and
the agricultural commodity described in the
Order that is grown or produced in that area
in that participating jurisdiction as if that
15 area were within the territorial limits of
Victoria.
57. Conferral of functions etc. and jurisdiction
on Victoria
(1) All persons who have functions, powers,
20 duties or authorities conferred or imposed on
them for the purposes of or in connection
with the agricultural industry development
legislation of Victoria (or the associated laws
of Victoria) have and may perform or
25 exercise those functions, powers, duties or
authorities for the purposes of or in
connection with that legislation or those
laws, as applying in the area specified in an
Order under section 19B and in relation to
30 that area and the agricultural commodity
described in the Order that is grown or
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produced in that area in a participating
jurisdiction.
(2) The several courts and tribunals of Victoria
are invested with jurisdiction in all matters
5 arising under the agricultural industry
development legislation of Victoria (or the
associated laws of Victoria), as applying in
the area described in an Order under
section 19B and in relation to that area and
10 the agricultural commodity described in the
Order that is grown or produced in the
production area in the participating
jurisdiction.
(3) Charges that are required to be paid under
15 the agricultural industry development
legislation of Victoria in relation to the
agricultural commodity described in an
Order under section 19B grown or produced
in the area in the participating jurisdiction
20 described in the Order are to be treated as
debts due and payable in accordance with the
laws of Victoria.
Division 3--Area Transferred to the Control of
Participating Jurisdiction with respect to
25 Specified Commodity
57A. Application of participating jurisdiction's
agricultural industry development
legislation and associated laws in Victoria
(1) The agricultural industry development
30 legislation of a participating jurisdiction
relating to the agricultural commodity
described in an Order in Council under
section 19C and the associated laws of that
jurisdiction, apply in and in relation to the
35 production area described in an Order in
Council under section 19C in Victoria and
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the agricultural commodity described in the
Order in Council that is grown or produced
in that area as if that area were within the
territorial limits of the participating
5 jurisdiction.
(2) The agricultural industry development
legislation of Victoria and the associated
laws of Victoria do not apply in or in relation
to the production area described in an Order
10 in Council under section 19C in Victoria and
the agricultural commodity described in the
Order in Council that is grown or produced
in that area in Victoria.
57B. Conferral of functions, powers and
15 jurisdiction on participating jurisdiction
(1) All persons who have functions, powers,
duties or authorities conferred or imposed on
them for the purposes of or in connection
with the agricultural industry development
20 legislation of the participating jurisdiction
(or the associated laws of the participating
jurisdiction) have and may perform or
exercise those functions, powers, duties or
authorities for the purposes of or in
25 connection with that legislation or those
laws, as applying in and in relation to the
production area in Victoria by virtue of this
Division.
(2) The several courts and tribunals of the
30 participating jurisdiction are invested with
jurisdiction in all matters arising under the
agricultural industry development legislation
of the participating jurisdiction (or the
associated laws of the participating
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jurisdiction), as applying in and in relation to
the production area in Victoria by virtue of
this Division.
(3) Rates, interest on unpaid rates and other
5 amounts that are required to be paid under
the agricultural industry development
legislation of the participating jurisdiction in
relation to the agricultural commodity
described in an Order in Council under
10 section 19C grown or produced in the
production area in Victoria described in the
Order in Council are to be treated as debts
due and payable in accordance with the laws
of the participating jurisdiction.
15 57C. Provisions of agricultural industry
development legislation of the participating
jurisdiction with specific application not to
apply
(1) Nothing in this Division renders a provision
20 of the agricultural industry development
legislation of the participating jurisdiction
applicable in a particular place--
(a) in so far as the provision is incapable of
applying in or in relation to that place;
25 or
(b) if that legislation expressly provides
that the provision does not extend or
apply in or in relation to that place; or
(c) if that legislation expressly provides
30 that the provision applies only in a
specified locality that does not include
that place.
(2) A provision of the agricultural industry
development legislation of the participating
35 jurisdiction is not to be taken to be a
provision to which sub-section (1) applies
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merely because it is limited in its application
to acts, matters or things within a particular
part (however described) of the area
described in an Order in Council under
5 section 19C in the participating jurisdiction.'.
16. New section 58A inserted
After section 58 of the Principal Act insert--
"58A. Offences relating to polls
A person must not--
10 (a) give false or misleading information to
the Electoral Commissioner or a person
nominated under section 58 to be the
returning officer for a poll conducted
under this Act in relation to the issue of
15 duplicate ballot papers; or
(b) insert false details on a return envelope
for a poll conducted under this Act.
Penalty: 5 penalty units.".
17. New section 58B inserted
20 After section 58A of the Principal Act insert--
"58B. Special provisions for polls relating to
extra-territorial committees
(1) The Minister may authorise the Electoral
Commissioner or a person appointed by the
25 Electoral Commissioner to conduct a poll of
producers--
(a) in the area in the participating
jurisdiction described in a draft Order
referred to in section 19B; and
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(b) referred to in section 19B(1)(d) in the
production area in Victoria.
(2) In the case of a poll under section 7 on the
question of whether a proposed Order
5 referred to in section 19B should be made, if
the corresponding agricultural industry
development legislation relating to--
(a) the method of enrolment of persons
eligible to vote; or
10 (b) the preparation of a final roll for the
poll; or
(c) whether voting in relation to the poll is
compulsory; or
(d) the method of determining the outcome
15 of the poll in the participating
jurisdiction--
is inconsistent with agricultural industry
development legislation of Victoria, the
corresponding agricultural industry
20 development legislation applies to that
matter in the conduct of the poll in the
production area in the participating
jurisdiction.
(3) Despite sub-section (2), if a poll has been
25 conducted under section 7 on the question of
whether a proposed Order referred to in
section 19B should be made under section 8
and a further poll is conducted on that
question with respect to the same relevant
30 commodity, production area and eligibility to
vote, Parts 2 and 5 apply to the conduct of
the poll.
(4) If--
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(a) a poll has been conducted for the
purposes of making an Order referred
to in section 19B; and
(b) the Minister is satisfied that the
5 majority of the votes cast by producers
in Victoria who are entitled to vote in
the poll are in favour of a committee
being established under this Act with
jurisdiction limited to Victoria--
10 an Order may be made under section 8 in
substantially the same terms as the draft
Order to apply in Victoria without
conducting a poll under section 7.".
18. Murray Valley Citrus Marketing Board
15 In the Murray Valley Citrus Marketing Act
1989--
(a) in section 56(a) omit "57 or";
(b) section 57 is repealed.
19. New section 64 inserted
20 After section 63 of the Principal Act insert--
"64. Poll of Murray Valley citrus producers
(1) Within 6 months after the commencement of
section 19 of the Agricultural Industry
Development (Further Amendment) Act
25 2002, the Minister must direct that the
Department Head prepare a report under
section 5(2) as to the making in accordance
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with Part 2 of an Order referred to in
section 19B (as proposed to be inserted by
section 10 of that Act) to establish a
committee to carry out functions and
5 exercise powers in accordance with this Act
in relation to citrus fruit that has been grown
or produced in the Murray Valley production
area within the meaning of the Murray
Valley Citrus Marketing Act 1989.
10 (2) This Act, except sections 4 and 58(3),
applies to the conduct of a poll of producers
referred to in sub-section (1) and each
producer is entitled to one vote in the poll
despite anything to the contrary in the
15 Murray Valley Citrus Marketing Act 1989
or the regulations made under that Act.
(3) The Minister may make the Order under
section 8 in accordance with Part 2 if--
(a) the majority of votes cast by producers
20 in the production area in Victoria are in
favour of the making of an Order
referred to in sub-section (1); and
(b) in a poll in which more than half of the
eligible voters in the area in New South
25 Wales specified in the Order cast votes,
the majority of votes cast are in favour
of the establishment of the Committee
referred to in the Order.".
20. Repeal of Murray Valley Citrus Marketing Act 1989
30 Act No
The Murray Valley Citrus Marketing Act 1989 63/1989.
is repealed.
21. New Part 8 inserted
After section 64 of the Principal Act insert--
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'PART 8--TRANSITIONALS
65. Definitions
In this Part--
"Murray Valley production area" means
5 the total production area within the
meaning of the repealed Act;
"new Committee " means a Committee
established by an Order referred to in
section 19B to provide for citrus fruit
10 grown or produced in the Murray
Valley production area or a Committee
established by Order under section 8 to
provide for citrus fruit grown or
produced in that part of the Murray
15 Valley production area that is in
Victoria whichever is first established;
"old Board" means the Murray Valley
Citrus Marketing Board established
under the repealed Act;
20 "repealed Act" means the Murray Valley
Citrus Marketing Act 1989;
"transitional period" means the period
beginning on the commencement of
section 21 of the Agricultural
25 Industry Development (Further
Amendment) Act 2002 and ending on
the day which is 4 years after the
commencement of the Order
establishing the new Committee.
30 66. Transitional
(1) On the commencement of section 21 of the
Agricultural Industry Development
(Further Amendment) Act 2002--
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(a) the old Board is abolished and the new
Committee is the successor in law of
the old Board;
(b) the members of the old Board become
5 the first members of the new
Committee and those members remain
in office as members of the new
Committee for the transitional period.
(2) Despite the repeal of the Murray Valley
10 Citrus Marketing Act 1989--
(a) a person who, immediately before that
repeal, was an approved receiver under
that Act continues for the transitional
period to be an approved receiver for
15 citrus fruit grown or produced in that
part of the Murray Valley production
area that is in Victoria the purposes of
an Order under Part 2 relating to citrus
fruit and for receiving charges payable
20 by producers of citrus fruit referred to
in that Order;
(b) an approved receiver referred to in
paragraph (a) must make payments to
the new Committee--
25 (i) of amounts deducted in the
transitional period from the
proceeds of sale of citrus fruit that
was delivered to the approved
receiver before that repeal; and
30 (ii) of the charges payable to the new
Committee under an Order under
Part 2 that have been deducted by
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the approved receiver in the
transitional period;
(c) on and from that repeal, unless the
context otherwise requires, a reference
5 in any Act or subordinate instrument or
any document to the old Board is to be
a reference to the new Committee.
67. Special powers of new Committee
(1) The new Committee, in writing, may appoint
10 a person who purchases or receives citrus
fruit grown or produced in the Murray
Valley production area specified in an Order
under Part 2 or the part of the Murray Valley
production area specified in an Order under
15 Part 2 as an approved receiver for the term of
the transitional period.
(2) The new Committee must cause a list of
approved receivers to be published at least
once in each year in a newspaper circulating
20 generally in the production area specified in
an Order under Part 2.
(3) The new Committee must keep a list of
approved receivers available for inspection at
its office.
25 68. Duties of approved receivers
(1) An approved receiver must pay to the new
Committee the charges payable to the new
Committee under an Order under Part 2 that
have been deducted by the approved receiver
30 from the proceeds of the sale of citrus fruit
delivered to the approved receiver in the
transitional period.
Penalty: 50 penalty units.
(2) An approved receiver must comply with any
35 written instructions issued by the new
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Committee relating to information to be
submitted to the new Committee about the
amount of citrus fruit received, packed and
processed by the approved receiver and the
5 payments made to the new Committee under
sub-section (1).
Penalty: 50 penalty units.
_______________'.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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