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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Agricultural Produce Commission Amendment
Bill 2019
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 5 amended 2
6. Section 6 amended 3
7. Section 9 amended 4
8. Part 3 Division 1 heading inserted 4
Division 1 -- Establishing producers' committees
9. Section 10 amended 4
10. Section 11 amended 7
11. Part 3 Divisions 2 and 3 inserted 8
Division 2 -- Allocating responsibility for produce to
an existing producers' committee
11A. Preliminary requirements for allocating
responsibility for agricultural produce to
existing producers' committee 8
11B. Polls to allocate responsibility for produce
to existing producers' committee 9
11C. Allocating responsibility for agricultural
produce to existing producers' committee 10
11D. Notice of allocation of responsibility for
agricultural produce to existing producers'
committee and appointing additional
members 11
Division 3 -- Appointment of non-producers to
producers' committees
11E. Appointment of non-producers to
producers' committees 12
138--1 page i
Agricultural Produce Commission Amendment Bill 2019
Contents
12. Part 3 Division 4 heading inserted 13
Division 4 -- Functions of producers' committees
13. Section 12 amended 13
14. Section 12A amended 15
15. Section 13 amended 15
16. Section 14 amended 16
17. Part 3 Division 5 inserted 17
Division 5 -- Removing responsibility for
agricultural produce from or dissolving
producers' committees
14A. Removing responsibility for agricultural
produce from producers' committee after
poll 17
14B. Removing responsibility for agricultural
produce from producers' committee
without poll 17
18. Section 15 amended 18
19. Section 15A inserted 19
15A. Dissolution of producers' committee
without poll 19
20. Part 3 Division 6 heading inserted 20
Division 6 -- Conducting polls
21. Section 16 amended 20
22. Sections 16A and 16B inserted 21
16A. Weighted voting 21
16B. Commission's costs of conducting polls 22
23. Section 17 amended 22
24. Part 3 Division 7 heading inserted 22
Division 7 -- Other matters
25. Section 19 amended 23
26. Part 3A inserted 23
Part 3A -- Compliance
Division 1 -- Authorised officers
19B. Authorised officers 23
Division 2 -- Powers of authorised officers
19C. Terms used 23
19D. Obtaining information and relevant
records 25
19E. Failure to comply with directions 26
19F. Self-incrimination not an excuse 26
27. Section 19G inserted 26
19G. False or misleading information 26
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Agricultural Produce Commission Amendment Bill 2019
Contents
28. Section 20A inserted 28
20A. Giving notices and other documents
electronically 28
29. Section 24 amended 28
30. Section 25 amended 29
31. Sections 26 and 27 deleted 29
page iii
Western Australia
LEGISLATIVE COUNCIL
Agricultural Produce Commission Amendment
Bill 2019
A Bill for
An Act to amend the Agricultural Produce Commission Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Agricultural Produce Commission Amendment Bill 2019
s. 1
1 1. Short title
2 This is the Agricultural Produce Commission Amendment
3 Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Agricultural Produce Commission
11 Act 1988.
12 4. Section 3 amended
13 (1) In section 3(1) insert in alphabetical order:
14
15 authorised officer means a person designated under
16 section 19B as an authorised officer;
17
18 (2) In section 3(1) in the definition of agricultural industry delete
19 "as may be prescribed but excluding broadacre cropping and
20 grazing industries;" and insert:
21
22 prescribed for the purposes of this definition;
23
24 5. Section 5 amended
25 In section 5(1) after "of" insert:
26
27 3 or
28
page 2
Agricultural Produce Commission Amendment Bill 2019
s. 6
1 6. Section 6 amended
2 (1) In section 6(1):
3 (a) in paragraph (a) delete "in relation to" and insert:
4
5 with responsibility for
6
7 (b) after paragraph (a) insert:
8
9 (aa) allocate responsibility for agricultural produce
10 to existing producers' committees; and
11 (ab) remove responsibility for agricultural produce
12 from producers' committees; and
13
14 (c) delete paragraphs (d) and (e) and insert:
15
16 (d) conduct polls under this Act; and
17 (da) wind up the affairs of producers' committees
18 and appoint liquidators for that purpose; and
19 (e) dissolve producers' committees; and
20
21 (d) after paragraph (f) insert:
22
23 (fa) provide, as are necessary from time to time,
24 persons to assist producers' committees in
25 carrying out their functions under this Act; and
26
27 (2) In section 6(2):
28 (a) delete "established --" and insert:
29
30 established with responsibility, or be allocated
31 responsibility for --
32
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Agricultural Produce Commission Amendment Bill 2019
s. 7
1 (b) in paragraphs (a) and (b) delete "in relation to";
2 (c) in paragraph (c) delete "to achieve" and insert:
3
4 achieving
5
6 7. Section 9 amended
7 In section 9 delete "officers, servants and other".
8 Note: The heading to amended section 9 is to read:
9 Commission may employ or engage persons
10 8. Part 3 Division 1 heading inserted
11 At the beginning of Part 3 insert:
12
13 Division 1 -- Establishing producers' committees
14
15 9. Section 10 amended
16 (1) Delete section 10(1) and insert:
17
18 (1A) A producer or producers of agricultural produce, or a
19 body representing the interests of such producers, may
20 request the Commission to conduct a poll for the
21 purpose of establishing a producers' committee with
22 responsibility for the agricultural produce for the whole
23 State or a part of the State.
24 (1B) A request made under subsection (1A) must --
25 (a) be made in writing; and
26 (b) specify the agricultural produce for which the
27 producers' committee is proposed to have
28 responsibility; and
page 4
Agricultural Produce Commission Amendment Bill 2019
s. 9
1 (c) specify the objects sought to be effected by
2 establishing the producers' committee; and
3 (d) if the producers' committee is proposed to be
4 established only in relation to a particular part
5 of the State, specify the part of the State in
6 relation to which it is proposed to be
7 established.
8 (1) The Commission must publish notice of a proposal to
9 establish the producers' committee.
10
11 (2) In section 10(2):
12 (a) delete "shall" (each occurrence) and insert:
13
14 must
15
16 (b) after paragraph (a) insert:
17
18 (aa) must specify the name or names of the producer
19 or producers, or body, that made the request;
20 and
21
22 (c) in paragraph (c) delete "the subject of the proposal; and"
23 and insert:
24
25 for which the producers' committee is proposed to have
26 responsibility; and
27
28 (3) In section 10(2a) delete "section and section 11, the
29 Commission shall" and insert:
30
31 Division, the Commission must
32
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Agricultural Produce Commission Amendment Bill 2019
s. 9
1 (4) In section 10(3):
2 (a) delete "shall" (1st occurrence) and insert:
3
4 must
5
6 (b) delete "shall" (last occurrence) and insert:
7
8 must, subject to subsection (5),
9
10 (5) In section 10(4):
11 (a) delete "facilitating its consideration of the submissions
12 under subsection (3)" and insert:
13
14 subsection (3),
15
16 (b) delete "producers who in the opinion of the Commission
17 have" and insert:
18
19 producer who in its opinion has
20
21 (6) Delete section 10(5) to (7) and (9) and insert:
22
23 (5) The Commission must not conduct a poll for the
24 establishment of a producers' committee unless the
25 producer or producers, or body, that requested the poll
26 deposits with the Commission such sum as is
27 determined by the Commission as the reasonable costs
28 of the poll and the estimated initial costs of the
29 establishment of the producers' committee.
30 (6) If the Commission resolves to establish the producers'
31 committee, any money paid to the Commission under
32 subsection (5) must be repaid by the producers'
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Agricultural Produce Commission Amendment Bill 2019
s. 10
1 committee out of the funds of the producers'
2 committee to the producer or producers, or body, that
3 made the deposit under that subsection.
4 (7) The Commission must not establish a producers'
5 committee with responsibility for agricultural produce
6 unless --
7 (a) the Commission has --
8 (i) complied with subsections (1) and (2);
9 and
10 (ii) conducted a poll among the producers
11 of the agricultural produce in the whole
12 of the State, or a part of the State, as is
13 relevant to the proposal to establish the
14 producers' committee;
15 and
16 (b) the poll is in favour of the proposal.
17 (8) Even if the Commission has complied with
18 subsections (1) to (5) and (7) and a poll of producers
19 vote in favour of the proposal, the Commission may
20 refuse to establish, or defer the establishment of, the
21 producers' committee if the Commission considers
22 that, having regard to the circumstances of the case, it
23 is not desirable or practicable to do so.
24
25 10. Section 11 amended
26 (1) Delete section 11(1)(a)(i) and insert:
27
28 (i) the agricultural produce for which the
29 producers' committee has
30 responsibility; and
31
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Agricultural Produce Commission Amendment Bill 2019
s. 11
1 (2) In section 11(1a)(b) delete "the poll" and insert:
2
3 a poll
4
5 11. Part 3 Divisions 2 and 3 inserted
6 After section 11 insert:
7
8 Division 2 -- Allocating responsibility for produce to an
9 existing producers' committee
10 11A. Preliminary requirements for allocating
11 responsibility for agricultural produce to existing
12 producers' committee
13 (1) Subject to subsection (2), a producer or producers of
14 agricultural produce, or a body representing the
15 interests of such producers, may request the
16 Commission to conduct a poll for the purpose of
17 allocating responsibility for the agricultural produce to
18 an existing producers' committee.
19 (2) A request cannot be made under subsection (1) unless
20 the producers' committee has given its written approval
21 to the request being made.
22 (3) A request made under subsection (1) must --
23 (a) be made in writing; and
24 (b) specify the producers' committee and the
25 additional agricultural produce for which it is
26 proposed to have responsibility; and
27 (c) specify the objects sought to be effected by
28 allocating responsibility for the additional
29 agricultural produce to the producers'
30 committee; and
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Agricultural Produce Commission Amendment Bill 2019
s. 11
1 (d) attach the producers' committee's written
2 approval to the request being made.
3 (4) The Commission must publish notice of a proposal to
4 allocate responsibility for agricultural produce to an
5 existing producers' committee.
6 (5) A notice referred to in subsection (4) must --
7 (a) be published in the manner directed by the
8 Minister; and
9 (b) specify the name or names of the producer or
10 producers, or body, that made the request; and
11 (c) specify the producers' committee and the
12 additional agricultural produce for which it is
13 proposed to have responsibility; and
14 (d) explain in simple terms the objects sought to be
15 effected by the proposal; and
16 (e) invite submissions from producers who may be
17 affected by the proposal.
18 (6) In performing its functions under this Division, the
19 Commission must have regard to any submissions
20 made to it under subsection (5)(e).
21 11B. Polls to allocate responsibility for produce to
22 existing producers' committee
23 (1) If a request is made under section 11A(1) to conduct a
24 poll for the purpose of allocating responsibility for
25 agricultural produce to an existing producers'
26 committee, the Commission must, subject to
27 subsections (2) and (4), conduct the poll.
28 (2) The Commission must not conduct the poll if, in its
29 opinion, allocating responsibility for the agricultural
30 produce to the producers' committee would be
31 materially to the financial detriment of a producer or
32 producers of the agricultural produce.
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Agricultural Produce Commission Amendment Bill 2019
s. 11
1 (3) For the purposes of subsection (2), the Commission
2 may invite any producer who in the opinion of the
3 Commission has an interest in the matter to attend
4 meetings of the Commission.
5 (4) The Commission must not conduct the poll unless the
6 producer or producers, or body, that requested the poll
7 deposits with the Commission such sum as is
8 determined by the Commission as the reasonable costs
9 of the poll.
10 (5) If the Commission resolves to allocate responsibility
11 for agricultural produce to the producers' committee,
12 any money paid to the Commission under
13 subsection (4) must be repaid by the producers'
14 committee out of the funds of the producers'
15 committee to the producer or producers, or body, that
16 made the deposit under that subsection.
17 11C. Allocating responsibility for agricultural produce to
18 existing producers' committee
19 (1) The Commission must not allocate responsibility for
20 agricultural produce to an existing producers'
21 committee unless --
22 (a) the Commission has --
23 (i) complied with section 11A(4) and (5);
24 and
25 (ii) conducted a poll under section 11B
26 among the producers of the agricultural
27 produce;
28 and
29 (b) the poll is in favour of the proposal.
30 (2) Even if the Commission has complied with
31 sections 11A(4) and (5) and 11B(1) to (4), the
32 Commission may refuse to allocate responsibility for
page 10
Agricultural Produce Commission Amendment Bill 2019
s. 11
1 the agricultural produce to the producers' committee if
2 the Commission considers that, having regard to the
3 circumstances of the case, it is not desirable or
4 practicable to do so.
5 (3) If the Commission resolves to allocate responsibility
6 for agricultural produce to the producers' committee,
7 then on a day specified by the Commission in a notice
8 under section 11D(1) the producers' committee
9 commences to have responsibility for the agricultural
10 produce.
11 11D. Notice of allocation of responsibility for agricultural
12 produce to existing producers' committee and
13 appointing additional members
14 (1) If the Commission resolves to allocate responsibility
15 for agricultural produce to an existing producers'
16 committee, the Commission must by notice published
17 in the Gazette --
18 (a) specify the producers' committee and the
19 agricultural produce for which it is allocated
20 responsibility; and
21 (b) specify the day on which the producers'
22 committee commences to have responsibility
23 for the agricultural produce; and
24 (c) invite nominations from among the producers
25 of the agricultural produce for appointment to
26 the producers' committee.
27 (2) After receiving nominations the Commission --
28 (a) must decide how many members, in addition to
29 the current number of members, there is to be
30 on the producers' committee; and
31 (b) if it is of the opinion that a poll of the producers
32 of the agricultural produce should be held to
33 elect the members, must conduct a poll.
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Agricultural Produce Commission Amendment Bill 2019
s. 11
1 (3) A person is not eligible to stand at a poll under this
2 section to elect members of a producers' committee
3 unless the person is qualified to be appointed to the
4 producers' committee in relation to the agricultural
5 produce in question.
6 (4) Subject to subsection (5), a person elected at a poll
7 under this section to be a member of a producers'
8 committee must be appointed by the Commission to be
9 a member of the producers' committee.
10 (5) The Commission must not appoint a person under this
11 section to be a member of a producers' committee
12 unless the Commission is of the opinion that the person
13 is qualified to be so appointed in relation to the
14 agricultural produce in question.
15 Division 3 -- Appointment of non-producers to
16 producers' committees
17 11E. Appointment of non-producers to producers'
18 committees
19 (1) A producers' committee may nominate for
20 appointment to that producers' committee a person
21 who would not be eligible to stand at a poll under
22 section 11 or 11D to elect members of the producers'
23 committee.
24 (2) The Commission may appoint a person nominated
25 under subsection (1) by a producers' committee to be a
26 member of the producers' committee if --
27 (a) the Commission is of the opinion that it would
28 be desirable and practicable to do so; and
29 (b) the Commission is of the opinion that the
30 person has experience relevant to the
31 producers' committee's functions; and
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Agricultural Produce Commission Amendment Bill 2019
s. 12
1 (c) after the person is appointed, the majority of
2 members of the producers' committee would be
3 producers of the agricultural produce for which
4 the producers' committee has responsibility.
5 (3) A person appointed to a producers' committee under
6 subsection (2) may take part in the consideration and
7 discussion of any matter before a meeting of the
8 producers' committee, but cannot vote on any matter.
9
10 12. Part 3 Division 4 heading inserted
11 Before section 12 insert:
12
13 Division 4 -- Functions of producers' committees
14
15 13. Section 12 amended
16 (1) In section 12(1):
17 (a) delete "in relation to which it is established --" and
18 insert:
19
20 for which the producers' committee has
21 responsibility --
22
23 (b) in paragraph (d) delete "relating to the production of"
24 and insert:
25
26 that, in the opinion of the producers' committee, may be
27 of advantage to producers of the
28
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Agricultural Produce Commission Amendment Bill 2019
s. 13
1 (c) in paragraph (k) before "promotion" insert:
2
3 production,
4
5 (d) in paragraph (la) before "action" insert:
6
7 a pest or disease of that produce or
8
9 (e) in paragraph (m) delete "organization or in conjunction
10 with the Commission or any other person or
11 organization." and insert:
12
13 organisation or in conjunction with the Commission or
14 any other person or organisation.
15
16 (2) Delete section 12(2).
17 (3) In section 12(3):
18 (a) delete "shall" and insert:
19
20 must
21
22 (b) delete "for which the producers' committee was
23 established" and insert:
24
25 the producers' committee is authorised to provide
26
27 (4) After section 12(4) insert:
28
29 (5) A producers' committee may, for the purposes of
30 providing services in relation to agricultural produce --
31 (a) communicate, consult or liaise with producers
32 of agricultural produce; and
page 14
Agricultural Produce Commission Amendment Bill 2019
s. 14
1 (b) hold meetings with producers of agricultural
2 produce.
3
4 14. Section 12A amended
5 In section 12A(1):
6 (a) delete "officers, employees and other persons employed
7 or engaged under section 12(2) by a producers'
8 committee established to administer a fruit fly foliage
9 baiting" and insert:
10
11 person employed or engaged by the Commission to
12 assist a producers' committee with responsibility for
13 administering a fruit fly control
14
15 (b) delete "committee." and insert:
16
17 committee or carry out any other control measures
18 determined by the producers' committee.
19
20 Note: The heading to amended section 12A is to read:
21 Power to enter orchards to administer fruit fly control scheme
22 15. Section 13 amended
23 (1) Before section 13(1) insert:
24
25 (1A) In this section --
26 prescribed person means a person prescribed for the
27 purposes of this definition.
28
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Agricultural Produce Commission Amendment Bill 2019
s. 16
1 (2) In section 13(1) delete "producer require the producer to furnish
2 in writing in the form of " and insert:
3
4 producer, or a prescribed person, require the producer or
5 prescribed person to furnish in writing in
6
7 (3) Delete section 13(2) and insert:
8
9 (2) A person must not without reasonable excuse fail to
10 comply with a requirement in a notice under this
11 section.
12 Penalty for this subsection: a fine of $1 000.
13
14 Note: The heading to amended section 13 is to read:
15 Power to require statistical information
16 16. Section 14 amended
17 (1) After section 14(2) insert:
18
19 (2A) Without limiting subsection (1) or (2), the cost or
20 estimated cost of providing a service includes any cost
21 of or associated with communicating, consulting,
22 liaising or meeting with producers of agricultural
23 produce for the purposes of providing the service.
24
25 (2) After section 14(3) insert:
26
27 (4) A charge imposed under this section that is paid to, or
28 collected by, a person is held by that person on trust for
29 the producers' committee providing the service for
30 which it is imposed until it is paid to the Commission
31 in accordance with the regulations.
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Agricultural Produce Commission Amendment Bill 2019
s. 17
1 (5) The regulations may provide for the circumstances in
2 which a charge imposed under this section may be
3 waived, refunded or reduced, in whole or in part.
4
5 17. Part 3 Division 5 inserted
6 After section 14 insert:
7
8 Division 5 -- Removing responsibility for agricultural
9 produce from or dissolving producers' committees
10 14A. Removing responsibility for agricultural produce
11 from producers' committee after poll
12 (1) The Commission may conduct a poll of the producers
13 of agricultural produce for which a producers'
14 committee has responsibility for the removal of
15 responsibility for the agricultural produce from the
16 producers' committee.
17 (2) If the poll is in favour of removing responsibility for
18 the agricultural produce from the producers'
19 committee, then on a day specified by the Commission
20 by notice published in the Gazette, the producers'
21 committee ceases to have responsibility for the
22 agricultural produce.
23 14B. Removing responsibility for agricultural produce
24 from producers' committee without poll
25 (1) The Commission may remove responsibility for
26 agricultural produce from a producers' committee if the
27 Commission is satisfied that the producers'
28 committee --
29 (a) is operating in a manner that is materially to the
30 financial detriment of a producer or producers
31 of the agricultural produce; or
page 17
Agricultural Produce Commission Amendment Bill 2019
s. 18
1 (b) is no longer providing any service the
2 producers' committee is authorised to provide.
3 (2) If the Commission resolves to remove responsibility
4 for agricultural produce from a producers' committee,
5 then on a day specified by the Commission by notice
6 published in the Gazette the producers' committee
7 ceases to have responsibility for the agricultural
8 produce.
9
10 18. Section 15 amended
11 (1) Delete section 15(1) to (3) and insert:
12
13 (1) The Commission may conduct a poll of producers of
14 the agricultural produce for which a producers'
15 committee has responsibility for the dissolution of the
16 producers' committee.
17 (2) If the poll is in favour of the dissolution of the
18 producers' committee, then on a day specified by the
19 Commission by notice published in the Gazette the
20 affairs of the producers' committee must commence to
21 be wound up by --
22 (a) the Commission; or
23 (b) a liquidator appointed by the Commission.
24 (3) The day specified under subsection (2) must not be
25 later than 6 months after the taking of the poll.
26 (3A) On the day specified by the Commission under
27 subsection (2), the producers' committee must cease to
28 act.
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Agricultural Produce Commission Amendment Bill 2019
s. 19
1 (3B) On and from the day specified by the Commission
2 under subsection (2), the Commission or the liquidator,
3 as is relevant, may for the purposes of winding up the
4 affairs of the producers' committee --
5 (a) perform the functions of the producers'
6 committee; and
7 (b) do such other acts and things as the
8 Commission, or liquidator, thinks fit.
9
10 (2) Delete section 15(8).
11 Note: The heading to amended section 15 is to read:
12 Dissolution of producers' committee after poll
13 19. Section 15A inserted
14 After section 15 insert:
15
16 15A. Dissolution of producers' committee without poll
17 (1) The Commission may dissolve a producers' committee
18 if the Commission is satisfied that the producers'
19 committee --
20 (a) is operating in a manner that is materially to the
21 financial detriment of a producer or producers
22 of agricultural produce for which it has
23 responsibility; or
24 (b) is no longer providing any service the
25 producers' committee is authorised to provide.
26 (2) If the Commission resolves to dissolve a producers'
27 committee, then on a day specified by the Commission
28 by notice published in the Gazette, the affairs of the
29 producers' committee must commence to be wound up
30 by --
31 (a) the Commission; or
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Agricultural Produce Commission Amendment Bill 2019
s. 20
1 (b) a liquidator appointed by the Commission.
2 (3) Section 15(3A) to (7) applies, with any necessary
3 modifications, to the dissolution of a producers'
4 committee under this section.
5
6 20. Part 3 Division 6 heading inserted
7 Before section 16 insert:
8
9 Division 6 -- Conducting polls
10
11 21. Section 16 amended
12 Delete section 16(1) and insert:
13
14 (1) For the purposes of conducting a poll under this
15 Act the Commission must --
16 (a) in the case of a producers' committee that has,
17 or is proposed to have, responsibility for
18 agricultural produce for the whole of the
19 State -- compile a list of producers of the
20 agricultural produce in the whole of the State;
21 and
22 (b) in the case of a producers' committee that has,
23 or is proposed to have, responsibility for
24 agricultural produce only in relation to a
25 particular part of the State -- compile a list of
26 producers of the agricultural produce in that
27 part of the State.
28
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Agricultural Produce Commission Amendment Bill 2019
s. 22
1 22. Sections 16A and 16B inserted
2 After section 16 insert:
3
4 16A. Weighted voting
5 (1) The Commission may in compiling a list of producers
6 of agricultural produce, determine in writing the
7 number of votes each producer is to have in a poll of
8 the producers of the agricultural produce.
9 (2) In determining the number of votes each producer is to
10 have in the poll, the Commission is to ensure that each
11 producer --
12 (a) has at least 1 vote; and
13 (b) has such number of votes as is proportionate to
14 the percentage of the relevant agricultural
15 produce produced in the State, or the relevant
16 part of the State, that was produced by the
17 producer in the 3 year period preceding the year
18 in which the determination is made.
19 (3) The Commission must not make a determination under
20 subsection (1) unless it is satisfied that --
21 (a) there is sufficient industry data available to the
22 Commission for it to make the determination;
23 and
24 (b) it is in the best interests of the agricultural
25 industry to do so.
26 (4) As soon as practicable after making a determination
27 under subsection (1), the Commission must give a copy
28 of the determination to each producer of the
29 agricultural produce concerned.
30 (5) In a poll for which a determination has been made
31 under subsection (1), the number of votes a producer
32 has is to be in accordance with the determination.
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Agricultural Produce Commission Amendment Bill 2019
s. 23
1 16B. Commission's costs of conducting polls
2 (1) Subject to subsection (2), the Commission is entitled to
3 recover from the funds of a producers' committee the
4 Commission's costs of conducting a poll in relation to
5 the producers' committee.
6 (2) The amount the Commission may recover under
7 subsection (1) --
8 (a) for a poll under section 10 or 11 -- is the
9 amount by which the costs of the poll exceed
10 the sum deposited with the Commission under
11 section 10(5) for the purposes of establishing
12 the producers' committee; and
13 (b) for a poll under section 11B -- is the amount
14 by which the costs of the poll exceed the sum
15 deposited with the Commission under
16 section 11B(4) for the purposes of the poll.
17
18 23. Section 17 amended
19 Delete section 17(2).
20 24. Part 3 Division 7 heading inserted
21 After section 17 insert:
22
23 Division 7 -- Other matters
24
page 22
Agricultural Produce Commission Amendment Bill 2019
s. 25
1 25. Section 19 amended
2 In section 19(1) delete "a producers' committee has not been
3 established under this Act in relation to that group of producers"
4 and insert:
5
6 there is no producers' committee with responsibility
7
8 26. Part 3A inserted
9 After section 19A insert:
10
11 Part 3A -- Compliance
12 Division 1 -- Authorised officers
13 19B. Authorised officers
14 The Commission may, by instrument in writing,
15 designate any person employed or engaged by the
16 Commission as an authorised officer for the purposes
17 of this Part.
18 Division 2 -- Powers of authorised officers
19 19C. Terms used
20 In this Division --
21 charge means a charge imposed under this Act;
22 compliance purposes means the following purposes --
23 (a) monitoring compliance with a requirement
24 under this Act to pay or collect a charge;
25 (b) monitoring compliance with a requirement
26 under this Act to give information, or produce a
27 record, relating to the production, processing,
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Agricultural Produce Commission Amendment Bill 2019
s. 26
1 sale or purchase of agricultural produce or the
2 payment or collection of a charge;
3 (c) monitoring compliance with a requirement in a
4 notice under section 13;
5 (d) investigating a suspected contravention of a
6 requirement referred to in paragraph (a), (b) or
7 (c) or an offence under this Act;
8 record includes a receipt, return or other document;
9 relevant person means a person who is or was --
10 (a) a producer of agricultural produce for which a
11 producers' committee has responsibility; or
12 (b) a person required under this Act to pay or
13 collect a charge; or
14 (c) a person required under this Act to give
15 information, or produce a record, relating to the
16 production, processing, sale or purchase of
17 agricultural produce or the payment or
18 collection of a charge; or
19 (d) a person required to comply with a requirement
20 in a notice under section 13;
21 relevant record means a record that --
22 (a) is required to be kept or given under this Act;
23 or
24 (b) relates to the production, processing, sale or
25 purchase of agricultural produce in relation to
26 which a charge is payable; or
27 (c) relates to the payment or collection of a charge;
28 or
29 (d) contains any information that is, or may be,
30 relevant for compliance purposes.
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Agricultural Produce Commission Amendment Bill 2019
s. 26
1 19D. Obtaining information and relevant records
2 (1) An authorised officer may, for compliance purposes,
3 do 1 or more of the following --
4 (a) direct a relevant person --
5 (i) to give any information as is required;
6 or
7 (ii) to answer a question put to the person;
8 (b) direct a relevant person to produce to the
9 authorised officer a relevant record in the
10 person's custody or under the person's control.
11 (2) An authorised officer may examine and make a copy of
12 a record produced in response to a direction under
13 subsection (1)(b), and retain the record for as long as is
14 reasonably necessary.
15 (3) A direction under subsection (1)(a) --
16 (a) may be given orally or in writing; and
17 (b) must specify the time at, or within which, the
18 information or answer must be given to the
19 authorised officer; and
20 (c) may require that the information or answer --
21 (i) be given orally or in writing; or
22 (ii) if it is directed to be given in writing, be
23 given by means specified in the
24 direction; or
25 (iii) be verified by statutory declaration.
26 (4) A direction under subsection (1)(b) --
27 (a) must be in writing given to the person required
28 to produce the record; and
29 (b) must specify the time at, or within which, the
30 record is to be produced; and
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Agricultural Produce Commission Amendment Bill 2019
s. 27
1 (c) may require that the record be produced to the
2 authorised officer --
3 (i) at a place specified in the direction; and
4 (ii) by the means specified in the direction.
5 19E. Failure to comply with directions
6 A person must not without reasonable excuse fail to
7 comply with a direction given to the person under
8 section 19D(1).
9 Penalty: a fine of $1 000.
10 19F. Self-incrimination not an excuse
11 (1) An individual is not excused from complying with a
12 direction under section 19D(1) to provide information
13 or answer questions, or to produce a record, on the
14 ground that the information, answer or record might
15 incriminate the individual or make the individual liable
16 to a penalty.
17 (2) However, any information or answer provided, or
18 record produced, by an individual in compliance with a
19 direction under section 19D(1) is not admissible in
20 evidence in any proceedings against the individual
21 other than proceedings for perjury or an offence against
22 section 19G(2).
23
24 27. Section 19G inserted
25 At the beginning of Part 4 insert:
26
27 19G. False or misleading information
28 (1) In this section --
29 record has the meaning given in section 19C.
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Agricultural Produce Commission Amendment Bill 2019
s. 27
1 (2) A person must not give false or misleading information
2 to --
3 (a) an authorised officer pursuant to a direction
4 under section 19D(1); or
5 (b) the Commission pursuant to a notice under
6 section 13; or
7 (c) any person pursuant to a requirement under this
8 Act to give information, or produce a record, to
9 that person relating to the production,
10 processing, sale or purchase of agricultural
11 produce or the payment or collection of a
12 charge imposed under this Act.
13 Penalty for this subsection: a fine of $1 000.
14 (3) For the purposes of subsection (2), a person gives false
15 or misleading information if the person does 1 or more
16 of the following --
17 (a) states anything that the person knows is false or
18 misleading in a material particular;
19 (b) omits from a statement anything without which
20 the statement is, to the person's knowledge,
21 misleading in a material particular;
22 (c) gives or produces any record that --
23 (i) the person knows is false or misleading
24 in a material particular; or
25 (ii) omits anything without which the record
26 is, to the person's knowledge,
27 misleading in a material particular.
28
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Agricultural Produce Commission Amendment Bill 2019
s. 28
1 28. Section 20A inserted
2 After section 20 insert:
3
4 20A. Giving notices and other documents electronically
5 (1) A notice or other document required or permitted under
6 this Act to be given to a person may be given to the
7 person by emailing it to an email address --
8 (a) provided by the person; or
9 (b) appearing on recent correspondence addressed
10 by or on behalf of the person to the
11 Commission or a producers' committee; or
12 (c) otherwise notified to the Commission or a
13 producers' committee, or published by the
14 person.
15 (2) This section is in addition to the Interpretation
16 Act 1984 section 76.
17
18 29. Section 24 amended
19 (1) At the beginning of section 24 insert:
20
21 (1) In this section --
22 officer or employee --
23 (a) in relation to the Commission --
24 (i) means a person employed or engaged by
25 the Commission; and
26 (ii) includes an authorised officer;
27 and
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Agricultural Produce Commission Amendment Bill 2019
s. 30
1 (b) in relation to a producers' committee -- means
2 a person employed or engaged by a producers'
3 committee.
4
5 (2) In section 24:
6 (a) delete "A person" and insert:
7
8 (2) A person
9
10 (b) delete "him" and insert:
11
12 the person
13
14 Note: The heading to amended section 24 is to read:
15 Protection from liability
16 30. Section 25 amended
17 In section 25(2)(e) delete "organizations; and" and insert:
18
19 organisations; and
20
21 31. Sections 26 and 27 deleted
22 Delete sections 26 and 27.
23
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