Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Agricultural Produce
Commission Act 1988 and includes the amendments made by the other written
laws referred to in the following table 1a, 3. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Horticultural Produce Commission
Act 1988 4 |
75 of 1988 |
23 Dec 1988 |
s. 1 and 2:
23 Dec 1988; |
|
Horticultural Produce Commission Amendment
Act 1993 |
29 of 1993 |
15 Dec 1993 |
15 Dec 1993 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Agricultural Legislation Amendment and Repeal
Act 1998 Pt. 6 |
9 of 1998 |
30 Apr 1998 |
4 Jul 1998 (see s. 2 and Gazette
3 Jul 1998 p. 3581) |
|
Horticultural Produce Commission Amendment Act 2000
5 |
20 of 2000 |
30 Jun 2000 |
s. 1 and 2:
30 Jun 2000; |
|
Reprint of the Agricultural Produce Commission
Act 1988 as at
5 Apr 2002 |
|||
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 5 6 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 2 Div. 1 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006
Sch. 1 cl. 3 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 2: The Agricultural Produce Commission
Act 1988 as at
1 May 2009 |
|||
|
Acts Amendment (Bankruptcy) Act 2009 s.
7 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007
s. 63 7 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 The provision in this Act amending these Acts has been omitted
under the Reprints Act 1984 s. 7(4)(e).
3 The Courts Legislation Amendment and Repeal
Act 2004 Sch. 2 cl. 3 was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
4 Now known as the Agricultural Produce Commission
Act 1988; short title changed (see note under s. 1).
5 The Horticultural Produce Commission Amendment
Act 2000 s. 32 and 34 read as follows:
32. Validation
(1) Any appointment made after the commencement of the Plant Diseases
Amendment Act 1993 and before the commencement of this Act to a
growers’ committee by the Commission purporting to act under
section 11 of the Horticultural Produce Commission Act 1988 is
hereby validated and declared to have been lawfully made.
(2) Any act or thing done after the commencement of the Plant
Diseases Amendment Act 1993 and before the commencement of this
Act by a growers’ committee purporting to act under the Horticultural
Produce Commission Act 1988 that would have been lawful if this Act had
been in force at the time when it was done is hereby validated and declared to
have been lawfully done.
34. Transitional
(1) On the commencement of this Act the account known as the Horticultural
Produce Commission Account established under section 7 of the
Horticultural Produce Commission Act 1988 is continued in existence
under the name the Agricultural Produce Commission Account.
(2) If immediately before the commencement of this Act a committee
established under section 11 of the Horticultural Produce Commission
Act 1988 is in existence then on commencement —
(a) the committee continues in existence; and
(b) the name of the committee is deemed to have
“Producers’” substituted for
“Growers’”.
(3) If the procedure for establishing a growers’ committee under the
Horticultural Produce Commission Act 1988 has been initiated but has
not been completed before the commencement of this Act, that procedure may
continue to be followed and be completed after the commencement of this Act as
if this Act had not come into operation but if a committee is established under
that procedure it is established as a producers’ committee with a name
containing “Producers’” instead of
“Growers’”.
6 The State Administrative Tribunal
(Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5,
the State Administrative Tribunal Act 2004 s. 167 and 169, and
the State Administrative Tribunal Regulations 2004 r. 28 and 42
deal with certain transitional issues some of which may be relevant for this
Act.
7 On the date as at which this compilation
was prepared, the Biosecurity and
Agriculture Management (Repeal and Consequential Provisions) Act 2007
s. 63 had not come into operation. It reads as follows:
63. Agricultural
Produce Commission Act 1988 amended
(1) The amendment in this section is to the Agricultural Produce
Commission Act 1988.
(2) After section 12 the following section is
inserted —
“
12A. Powers of
officers, employees and other persons
(1) Any officers, employees and other persons employed or engaged under
section 12(2) by a producers’ committee established to administer a
fruit fly foliage baiting scheme may, when authorised by the producers’
committee, enter any orchard within the specified area to bait or spray all or
any of the fruit trees and fruit vines in the manner and with the materials
determined by the producers’ committee.
(2) A person must not enter an orchard under subsection (1)
unless —
(a) the person has taken reasonable steps to give the owner or occupier of
the orchard notice of the intended entry; or
(b) the owner or occupier of the orchard consents to the entry.
(3) The notice must specify the purpose for which the entry is required
and successive entries for that purpose are to be regarded as entries to which
the notice relates.
(4) The notice must be given not less than 24 hours before the power of
entry is exercised.
(5) In subsection (1) —
orchard means any land used for the purpose of growing or
cultivating plants, and includes any garden, farm, vinery, vineyard, and
hothouse, any place where any plant is cultivated or where any plant which has
been cultivated is growing;
specified area means the portion of the State specified in a
notice under section 11(1)(a)(ii) in relation to which the producers’
committee is established.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
producer 19A(1)
agricultural industry 3(1)
agricultural
produce 3(1)
Commission 3(1)
document 6B(4)
information 6B(4)
member 3(1)
parliamentary
purposes 6B(4)
producers’ committee 3(1)