Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Before
establishing a producers’ committee the Commission shall cause notice to
be published of its intention to establish that committee.
(2) A notice referred
to in subsection (1) —
(a)
shall be published in the manner directed by the Minister;
(b)
shall explain in simple terms the objects sought to be effected by the
proposal;
(c)
shall specify the agricultural produce the subject of the proposal;
[(d) deleted]
(e)
where the producers’ committee is to be established only in relation to
a particular part of the State, shall specify the part of the State in
relation to which the producers’ committee is proposed to be
established; and
(f)
shall invite submissions from producers who may be affected by the proposal.
(2a) In performing its
functions under this section and section 11, the Commission shall have
regard to any submissions made to it under subsection (2)(f).
(3) If the Commission
is satisfied that, having regard to the interests of the agricultural industry
in question, the formation of the proposed producers’ committee would be
materially to the financial detriment of a producer or producers who may be
affected by the proposal the Commission shall not proceed to conduct the poll
in accordance with the provisions of this section but if the Commission
is not so satisfied the Commission shall conduct the poll.
(4) For the purposes
of facilitating its consideration of the submissions under subsection (3)
the Commission may invite any producers who in the opinion of the Commission
have an interest in the proposal to attend meetings of the Commission.
(5) The Commission
shall not conduct a poll for the establishment of a producers’ committee
unless the person or persons requesting the establishment of the
producers’ committee in question deposit with the Commission such sum as
is determined by the Commission as the reasonable costs of the poll and the
estimated initial costs of the establishment of the producers’
committee.
(6) Any moneys paid to
the Commission under subsection (5) shall be, repaid by the
producers’ committee out of the funds of the producers’ committee
to the persons who made the deposit under that subsection in accordance
with the directions of the Commission.
(7) The Commission
shall not establish a producers’ committee in relation to agricultural
produce unless the Commission has after complying with subsections (1)
and (2) conducted a poll among the producers of agricultural produce the
subject of the notice referred to in subsections (1) and (2) and, if the
proposal to establish the producers’ committee is in relation to a
particular part of the State, in the part of the State in question, and the
poll is in favour of the proposal.
[(8) deleted]
(9) Notwithstanding
that the Commission has complied with subsections (1) to (7) and
notwithstanding that a poll of producers vote in favour of the proposal the
Commission may refuse to establish, or defer the establishment of, a
producers’ committee if the Commission considers that having regard to
the circumstances of a particular case it is not desirable or practicable to
do so.
[Section 10 amended by No. 29 of 1993
s. 6; No. 20 of 2000 s. 13, 28, 29, 30 and 31.]