New South Wales: Rice Marketing Act 1983 (NSW)

Rice Marketing Act 1983 No 176 An Act relating to the marketing of certain primary products; to provide for the establishment of marketing boards in relation to certain of those products; to enable the making of marketing orders; to repeal the Marketing of Primary Products Act 1927; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Rice Marketing Act 1983. 2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. 3 (Repealed) 4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— area means New South Wales or an area of or locality in New South Wales. authorised agent means a person appointed under section 50. authorised buyer means a person appointed under section 51. authorised person means a person appointed under section 136 for the purposes of the provision in which the expression occurs. authority means a board or a committee. board means a board constituted under this Act. committee means a committee constituted under this Act. commodity means a primary product, or a variety, grade or class of a primary product, declared to be a commodity by a proclamation in force under Part 2 or 4. Department means Regional NSW. futures contract means a product futures contract, a currency futures contract or a financial futures contract. futures market means a market, exchange or other place at which futures contracts are regularly made or traded. management audit means a management audit under Part 7. marketing includes buying, selling, financing, collecting, cleaning, grading, packing, treating, carrying, storing, warehousing, rehandling, distributing (by wholesale or retail), delivering and promoting. marketing board means a board constituted under this Act. marketing committee means a committee constituted under this Act. marketing order means a marketing order under Part 5. primary product includes— (a) any grain, cereal, fruit (fresh, dried or canned), vegetable, livestock, meat, hay, chaff, poultry (live or dead), honey, beeswax or other product of agriculture, grazing, poultry-farming or bee-keeping in New South Wales, and (b) any dairy produce (including butter and cheese) and any other article prepared directly from the produce of agriculture, grazing, poultry-farming or bee-keeping in New South Wales, but does not include wool, fresh milk, eggs or any coarse grain, or oilseed. proclamation means a proclamation published in the Gazette. producer, in relation to a primary product, means a person by whom or on whose behalf any of the product is actually grown or produced for sale, and, where any of the product is grown or produced pursuant to any written share-farming agreement or written partnership agreement, includes the parties to the agreement, but does not include a person engaged as an employee on wages or salary or piece-work rates. product includes article and thing. regulation means a regulation made under this Act. Secretary means the Secretary of the Department. sell means sell by wholesale or by retail, whether by cash, on terms or otherwise, and includes barter, exchange, supply for profit, offer for sale, receive for sale, have in possession for sale, expose for sale, send, forward or deliver for sale and cause, suffer or allow to be sold, offered or exposed for sale. (2) In this Act, a reference to— (a) a function includes a reference to a power, authority and duty, and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) In this Act, a reference, where used in relation to a board or committee, to the commodity is a reference to the commodity for which the board or committee is constituted. (4) In this Act, a reference, where used in relation to a marketing order, to the commodity is a reference to the commodity to which the order relates. (5) Except as prescribed, a declaration of a primary product as a commodity for the purposes of this Act shall be deemed to be limited to so much of the product as is produced within the area of the board or committee to which it relates. (6) For the purposes of this Act, a board is associated with a product if it is, by or under this Act, authorised to exercise marketing or other functions in relation to the product. (7) In Part 9, a reference (however expressed) to— (a) an authorised person is, where the reference occurs in connection with a reference to a board or committee, a reference to an authorised person for the board or committee, and (b) a commodity is, where the reference occurs in connection with an authorised person, a reference to a commodity in relation to which a board or committee is constituted (being the board or committee for which the person is an authorised person). (8) A power conferred by this Act to declare a primary product to be a commodity includes a power to declare a variety, grade or class of a primary product to be a commodity. (9) Notes included in this Act do not form part of this Act. 5 Delegation by the Minister (1) The Minister may, by instrument in writing, delegate to a person employed in the Public Service the exercise of such of the functions (other than this power of delegation) conferred or imposed on the Minister by or under this Act as may be specified in the instrument of delegation, and may, by a like instrument, revoke any such delegation. (2)–(6) (Repealed) 5A Delegation by Secretary The Secretary may, by instrument in writing, delegate to any person any of the Secretary's functions under this Act, other than— (a) any function of the Minister delegated to the Secretary under section 5, or (b) this power of delegation. Part 2 Constitution of marketing boards Division 1 Preliminary 6 Definitions In this Part— election means an election under this Part. enrolled means enrolled in the relevant roll of producers under this Part. poll means a poll under this Part. Division 2 Petition and poll for constitution of board 7 Petition and proclamation for poll to constitute board (1) Where the Minister— (a) is satisfied, on representations made by petition to the Minister by producers of a primary product within an area that a substantial number of producers of that product within that area desire that a board should be constituted for that product within that area, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of that product on the question whether a board should be constituted for that product within that area. (2) Where the Minister— (a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for all those products within that area or those respective areas, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all those products within that area or those respective areas. (3) Where the Minister— (a) is satisfied, on representations made by petition to the Minister by producers of 2 or more primary products within one or more areas, that a substantial number of producers of each product within the relevant area desire that a board should be constituted for such of those products within that area or those respective areas as are the subject of a successful poll, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of those products on the question whether a board should be constituted for all or some of those products within that area or those respective areas. (4) A proclamation under this section may not be made after the commencement of section 5 of the Agricultural Industry Services Act 1998. Division 3 Constitution of board 8 Proclamation for first election of board (1) If more than one-half of the enrolled producers are, at a poll referred to in section 7 (1), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of the relevant primary product to be members of the board. (2) If more than one-half of the producers respectively enrolled for all the relevant primary products are, at a poll referred to in section 7 (2), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of all those products to be members of the board. (3) If more than one-half of the producers respectively enrolled for all or some of the relevant primary products are, at a poll referred to in section 7 (3), in favour of the constitution of a board, the Governor may, by proclamation, direct that an election shall be held for the election of a specified number of representatives of producers of those products to be members of the board. (4) The number of representatives to be specified in a proclamation under this section shall be 2, 3, 4 or 5. 9 Electoral districts (1) The Governor may, by proclamation, appoint electoral districts for an election and fix the number of persons who may be elected from each such district. (2) A person is not entitled to be a candidate for more than one electoral district at any election. (3) The Governor may, by proclamation, vary or abolish any electoral district or vary the number of persons who may be elected from any such district. (4) A decrease in the number of elected members for an electoral district operates as from the expiration of the term of office of the then current elected members of the board concerned. (5) Notwithstanding subsection (4), a decrease in the number of elected members for an electoral district operates immediately, if there is, at the time the proclamation under subsection (3) takes effect, a corresponding number of vacancies in the offices of elected members for the district. (6) Nothing in this section authorises the number of elected members of a board to be greater than the number authorised under the other provisions of this Act. 10 Constitution of board and declaration of commodity (1) After the first election of persons for appointment as members of a board, the Governor may, by proclamation— (a) declare that section 11 applies for the purpose of constituting a board, with a specified corporate name, for a specified primary product and in relation to a specified area, (b) specify the number of elected members and nominated members constituting the board, and (c) declare that the product is a commodity for the purposes of this Act. (2) The primary product and area to be specified in the proclamation shall be those for or in relation to which the poll was taken and the first election was held, and the number of elected members to be specified in the proclamation shall be that specified in the relevant proclamation under section 8 for the first election. 11 Constitution of board (1) Where a proclamation under section 10 takes effect in relation to a board, there is hereby constituted a corporation under the corporate name specified in the relevant proclamation, for the primary product so specified and in relation to the area so specified. (2) A board shall have and may exercise the functions conferred or imposed on it by or under this or any other Act. (3) The members of a board shall be appointed by the Governor. (4) A board is to consist of 3 elected members and 4 nominated members. (5) The nominated member or members of a board shall be nominated for appointment by the Minister. (6) A board does not, for any purpose, represent the Crown. (7) The Governor may, by proclamation, specify the objects of a board referred to in the proclamation, and the board shall, as far as practicable, have regard to those objects in the exercise of the functions conferred or imposed on it by or under this or any other Act, but nothing in this subsection authorises or requires the board to contravene any provisions of this Act or of any other law. (8) A board— (a) has perpetual succession, (b) shall have a common seal, (c) may take proceedings, and be proceeded against, in its corporate name, (d) subject to this Act, may, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and (e) may do and suffer all other things that a body corporate may, by law, do and suffer and that are necessary for or incidental to the purposes for which the board is constituted. (9) Schedule 2 has effect with respect to the members of a board. (10) Schedule 3 has effect with respect to the procedure of a board. 12 (Repealed) 13 Change of name of board (1) The Governor may, at the request or with the consent of a board, by proclamation, change the corporate name of the board. (2) No such change of name of a board affects any rights or obligations of the board or renders defective any legal proceedings instituted or to be instituted by or against the board, and any legal proceedings may be continued or commenced by or against the board by its new name that might have been continued or commenced by or against the board by its former name. 14 Board may control one or more commodities (1) A board may be constituted under this Act for one or more commodities. (2) Where an election is to be held for a board constituted or to be constituted for more than one primary product, the Governor may, by proclamation, make such provision for the representation by election of the producers of each of the products on the board as the Governor deems proper. (3) Nothing in this section authorises the respective numbers of elected members and nominated members of a board to be greater than the numbers authorised under the other provisions of this Act. 15 Board may employ staff (1) For the purpose of enabling it to exercise its functions, a board may employ such staff and engage such consultants as it thinks fit. (2) With the approval of the Minister and upon such terms and conditions as are agreed upon, a board may make use of the services of any person employed in the Department. (3) With the approval of the other authority and upon such terms and conditions as are agreed upon, a board may make use of the services of any of the staff of another authority. Division 4 Addition of commodity or area to control of board 16 Operation of Division (1) This Division authorises— (a) an additional primary product to be added to the control of a board, (b) an additional area to be added to the control of a board, or (c) an additional primary product and an additional area to be added to the control of a board. (2) This Division does not authorise— (a) a primary product to be so added in relation to an area if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence, or (b) an area to be so added in relation to a primary product if another board has been constituted for that product in relation to the whole or any part of that area and that board remains in existence. 17 Petition and proclamation for poll to add product or area to control of board Where the Minister— (a) is satisfied— (i) on representations made by petition to the Minister by producers of a primary product within an area, that a substantial number of the producers of that product within that area desire that that product or that area or both should be added to the control of a specified board, and (ii) that this Division authorises the addition, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of that product within that area on the question whether that product or that area or both should be added to the control of that board. 18 Proclamation of addition of commodity or area (1) If more than one-half of the enrolled producers are, at a poll referred to in section 17, in favour of the addition of a primary product or area to the control of a specified board, the Governor may, by proclamation— (a) declare that the specified commodity, or specified area, or specified commodity and specified area, as the case may require, is or are added to the control of the board, and (b) so far as may be relevant, declare that the product is a commodity for the purposes of this Act. (2) A board referred to in subsection (1) shall be deemed to have been constituted for any additional primary product and in relation to any additional area, as specified in the proclamation, in addition to the product for which and the area in relation to which it was already constituted. (3) Nothing in this section affects the continuity of any corporation constituted under section 11. 19 Existing producers may also be polled (1) If the board referred to in section 17 so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each commodity for which the board is already constituted on the question mentioned in that section. (2) The poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 17 on the same question. (3) If a direction is given under this section, a declaration may not be made under section 18 unless at least one-half of the enrolled producers of each commodity for which the board is already constituted are, at the poll to be taken under this section, also in favour of the addition of the product or area to the control of the board. (4) Where the board is already constituted for 2 or more commodities, the poll to be taken under this section shall be a single poll of the producers of all those commodities. Division 5 Amalgamation of boards 20 Operation of Division This Division authorises the amalgamation of 2 or more boards— (a) at the request of the boards concerned, or (b) following consideration of representations invited by the Minister. 21 Request for amalgamation by boards (1) Two or more boards may, by instruments in writing under their respective seals, make a request to the Minister for action to be taken for the boards to be amalgamated. (2) The Minister may refuse to consider such a request unless the request is confirmed by both or all of the boards concerned, by similar instruments, within such period as the Minister determines. 22 Invitation by Minister for representations on amalgamation (1) The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether 2 or more specified boards should be amalgamated. (2) A notice published under this section shall state the time by which and the manner in which representations are to be made. (3) A notice may be published under this section whether or not the boards concerned have made a request under section 21, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request. 23 Proclamation of amalgamation (1) Where the Minister— (a) is satisfied— (i) that a request has been made, and (if required) confirmed, in accordance with section 21 by 2 or more boards, or (ii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with that section, and after taking into consideration all representations made in accordance with section 22 on the question whether the boards should be amalgamated, action ought to be taken in the best interests of the producers concerned for the amalgamation of the boards, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, declare that the boards are amalgamated. (2) The proclamation declaring that boards are amalgamated shall also— (a) declare that the individual boards are dissolved, (b) declare that a board, with a specified corporate name, is constituted for specified primary products and in relation to specified areas, (c) specify the number of elected members and nominated members who are to constitute the board, and (d) declare that the products are commodities for the purposes of this Act. (3) The primary products and areas to be specified in the proclamation shall be those for or in relation to which the dissolved boards were constituted immediately before the dissolution, and each such product shall, by the proclamation, be identified with the same area as in the previous relevant proclamations. 24 Consequences of amalgamation (1) When a proclamation under section 23 declaring that 2 or more boards are amalgamated takes effect— (a) the individual boards declared by the proclamation to be dissolved are dissolved, and (b) a person who, immediately before the dissolution takes effect, held office as a member of one of the dissolved boards— (i) shall cease to hold office as such, (ii) is eligible, if otherwise qualified, to be appointed as a member of the new board, and (iii) is not entitled to be paid any remuneration or compensation by reason of ceasing to hold that office. (2) A board established pursuant to a proclamation under section 23 is a continuation of, and the same legal entity as, the boards dissolved pursuant to that proclamation. (3) Division 3 has effect as if the board declared to be constituted by a proclamation under section 23 had been declared to be constituted by a proclamation under section 10. 25 Interim arrangements as to elected members of amalgamated board (1) Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does not, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, those members are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months. (2) Notwithstanding anything in this Act, if the number of elected members of the dissolved boards does, immediately before the boards are dissolved by the operation of this Division, exceed the number specified in the relevant proclamation under section 23, such of those members as the respective boards have specified by instrument in writing under their respective seals are eligible to be appointed as elected members of the new board, without further election, for a term not exceeding 12 months. (3) If the number of persons specified by the boards under subsection (2) exceeds the number of vacancies to be filled, the persons to be appointed shall be such of them as the Minister nominates. (4) If the number of persons specified by the boards under subsection (2) is less than the number of vacancies to be filled, or no persons are so specified, or any or all of the persons so specified are unavailable for appointment, the persons to be appointed shall be such (if any) of them as are available to be appointed and such other persons as the Minister nominates. (5) Any persons appointed pursuant to this section shall be deemed to be elected members of the board concerned, and shall hold office, subject to this Act, for a term not exceeding 12 months. (6) Subject to this section, the term of office of the members appointed pursuant to this section shall be that specified by the Governor in the relevant instrument of appointment. (7) A person appointed as an elected member of a board pursuant to this section is eligible (if otherwise qualified) for re-appointment in accordance with the other provisions of this Act. Division 6 Removal of commodity or area from control of board 26 Operation of Division (1) This Division authorises— (a) the removal of a commodity from the control of a board, or (b) the removal of an area from the control of a board in relation to a commodity, by petition of producers of the commodity. (2) This Division does not authorise any removal referred to in subsection (1) unless the board would, after the removal, retain control of a commodity in relation to an area. 27 Petition and proclamation for poll for removal of commodity or area from control of board (1) Where the Minister— (a) is satisfied— (i) on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that the commodity should be removed from the control of the board, and (ii) that this Division authorises the removal, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that area on the question whether that commodity should be removed from the control of the board. (2) Where the Minister— (a) is satisfied, on representations made by petition to the Minister by producers of a commodity for which a board is constituted, that a substantial number of the producers within the area in respect of which the board is constituted desire that part of that area should be removed from the control of the board, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within that part of that area on the question whether that part of that area should be removed from the control of the board. 28 Removal of commodity or area from control of board (1) Where the Minister— (a) is satisfied that more than one-half of the enrolled producers are, at a poll referred to in section 27, in favour of the removal of a commodity or part of an area from the control of a board, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct the board to wind up so much of its affairs as relates to the commodity or the part of the area, as the case may require. (2) Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs to the extent that the direction so provides. (3) A proclamation under subsection (1) may revoke a declaration of a primary product as a commodity for the purposes of this Act or reduce the area for which a marketing board is constituted, or both, as the case may require, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation. 29 Other producers may also be polled (1) If the board referred to in section 27 (1) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of each other commodity for which the board is constituted on the question mentioned in that subsection. (2) If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of the commodity within the other part of the area on the question mentioned in that subsection. (3) If the board referred to in section 27 (2) so requests by instrument in writing under its seal, the Governor may, by proclamation, direct that a separate poll shall be taken of producers of— (a) the commodity within the other part of the area, and (b) each other commodity for which the board is constituted, on the question mentioned in that subsection. (4) A poll to be taken under this section on a particular question shall be taken on the same day as the poll to be taken under section 27 on the same question. (5) If a direction is given under this section, a direction may not be given under section 28 unless at least one-half of the enrolled producers referred to in the firstmentioned direction are also in favour of the removal of the commodity or part of an area from the control of the board. (6) The poll to be taken under subsection (1) or (3) shall be a single poll of the producers referred to in that subsection. Division 7 Winding up and dissolution of board 30 Operation of Division (1) This Division authorises the winding up and dissolution of a board— (a) by petition of producers of the commodity, (b) at the request of the board itself, or (c) on the recommendation of the Minister. (2) Nothing in this Division limits the operation of Part 10. 31 Advertisement by Minister as to time for petition (1) The Minister shall cause a notice to be published in the Gazette, and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of producers of the commodity, specifying the period during which a petition for the dissolution of a board may be presented to the Minister, as referred to in section 32. (2) A notice referred to in subsection (1) shall be published within the period of 3 months ending 3 months before the beginning of each period during which such a petition may be so presented. 32 Petition and proclamation for poll to dissolve board (1) Where the Minister— (a) is satisfied— (i) on representations made by petition to the Minister by producers of the commodity for which a board is constituted, that a substantial number of the producers desire that the board should be dissolved, and (ii) that the petition was presented to the Minister during a permitted period, as defined in subsection (3), and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct that a poll shall be taken of producers of that commodity within the area in respect of which the board is constituted on the question whether the board should be dissolved. (2) The date for the taking of the poll may be the same as that fixed for an election of members of the board. (3) In this section, permitted period means a period of 6 months commencing 12 months before the end of the term of office specified for the elected members of the board or, if different terms are specified, the later or latest of them, other than the first such period following the constitution of the board pursuant to a proclamation under section 10 or 23. 33 Request for dissolution by board (1) A board may, by instrument in writing under its seal, make a request to the Minister for action to be taken for the board to be dissolved. (2) The Minister may refuse to consider such a request unless the request is confirmed by the board, by a similar instrument, within such period as the Minister determines. 34 Invitation by Minister for representations on dissolution (1) The Minister may, by a notice published in the Gazette and in such other ways as the Minister thinks proper, invite representations by any persons on the question whether a particular board should be dissolved. (2) A notice published under this section shall state the time by which and the manner in which representations are to be made. (3) A notice may be published under this section whether or not the board concerned has made a request under section 33, but nothing requires such a notice to be published before action is taken following the making and (if required) confirmation of such a request. 35 Winding up and dissolution (1) Where the Minister— (a) is satisfied— (i) that more than one-half of the enrolled producers are, at a poll referred to in section 32, in favour of the dissolution of a particular board, (ii) that a request has been made, and (if required) confirmed, in accordance with section 33 by a board, or (iii) that, although such a request has not been made or, if made, has not (if required) been confirmed, in accordance with section 33, and after taking into consideration all representations made in accordance with section 34 on the question of the dissolution of a board, action ought to be taken in the best interests of the producers concerned for that dissolution, and (b) certifies to the Governor that the Minister is satisfied as to the matters mentioned in paragraph (a), the Governor may, by proclamation, direct the board to wind up its affairs. (2) Upon a proclamation under subsection (1) taking effect, the board shall proceed to wind up its affairs. (3) Notwithstanding subsection (2)— (a) the Governor may, by proclamation, appoint any person to be liquidator for the purpose of the winding up, and (b) the liquidator may, for that purpose, on behalf and in the name and as the act and (where necessary) under the seal of the board, bring and defend such proceedings, and do and execute such acts, deeds and things, as may be necessary. (4) A proclamation under subsection (3) may revoke a declaration of a primary product as a commodity for the purposes of this Act, and may contain such provisions of a savings or transitional nature as the Governor thinks appropriate in consequence of such a revocation. (5) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of, a liquidator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board. (6) The members of a board may not exercise any functions as members while a person holds office as liquidator of the board. (7) Where the Minister is of the opinion that the affairs of a board are wound up, the Governor may, by proclamation, dissolve the board, and all money and other assets of the board shall become the property of the State and shall be dealt with and disposed of as the Governor may direct. Division 8 General provisions 36 Expiry and effect of petitions (1) A petition presented to the Minister for the purposes of this Part shall be deemed not to have been presented if no action has been taken pursuant to its presentation within 12 months after the date it was presented. (2) Nothing in this Act shall be construed as requiring a direction to be given for a poll to be taken in consequence of the presentation of a petition to the Minister for the purposes of this Part. 37 Certain persons deemed to be producers for the purposes of petition, poll or election Where any primary product results from a process of manufacture or treatment of an article grown or produced by a farmer, orchardist, vegetable grower, grazier, poultry farmer, apiarist or dairyman, the grower or producer of the article shall, for the purpose of any petition, poll or election under this Part, be deemed to be a producer of the product. 38 Report to be published in connection with poll As soon as practicable after a proclamation under this Part is published in the Gazette directing that a poll be taken, and before the day fixed for the taking of the poll, the Secretary shall cause a report relating to the proposal to which the poll relates to be published in such manner as the Secretary considers appropriate. 39 Provisions as to polls (1) The regulations may, subject to this Act, make provision for or with respect to the conduct of polls. (2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for the poll, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the poll. (3) A roll of producers of the primary product producing it within the relevant area shall be prepared for the poll in the prescribed manner. (4) Notwithstanding anything in this Part, and if the regulations so provide— (a) the producers entitled to vote in accordance with the regulations at a poll shall be the producers having such qualifications as may be prescribed, and (b) only those producers may vote at the poll. (5) The regulations may make provision for or with respect to fixing or postponing the date for the taking of a poll. (6) The regulations may provide that— (a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers, (b) it is compulsory for producers enrolled in the relevant roll of producers to vote at the poll, (c) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and (d) a representative referred to in paragraph (c) shall, for the purposes of enrolment and of the poll, be deemed to be a producer, and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations. 40 Provisions as to elections (1) The regulations may, subject to this Act, make provision for or with respect to the election of persons for appointment as the elected members of a board. (2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for an election, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the election. (3) A roll of producers entitled to vote at an election shall be prepared for the election in the prescribed manner. (4) Notwithstanding anything in this Part, and if the regulations so provide— (a) the producers entitled to vote in accordance with the regulations at an election shall be the producers having such qualifications as may be prescribed, and (b) only those producers may vote at the election. (5) Notwithstanding anything in this Part, and if the regulations so provide— (a) the persons entitled to be nominated as candidates for election as members of a board shall be persons having such qualifications as may be prescribed, and (b) a person's nomination is invalid if the person does not have those qualifications. (6) The regulations may make provision for or with respect to fixing or postponing the date for an election. (7) The regulations may provide that— (a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers, (b) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and (c) a representative referred to in paragraph (b) shall, for the purposes of enrolment and of the election, be deemed to be a producer, and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations. (8) Voting at an election is not compulsory. (9) To the extent that there is a failure to nominate a sufficient number of persons, or to the extent that an election fails for any other reason, the Governor may appoint a person or persons nominated by the Minister to be a member or members of a board, and a person so nominated shall, on being appointed, be deemed to be a person elected in accordance with the regulations. 41 Dismissal of board (1) The Governor may, if of the opinion that circumstances have arisen rendering it advisable to do so, by proclamation, remove all the members of a board from office, but they or any of them are eligible (if otherwise qualified) for re-appointment. (2) The Minister shall cause a report of, and the reasons for, the removal of the members of a board under this section to be laid before each House of Parliament within 14 sitting days of that House after the date of publication of the proclamation under subsection (1) in the Gazette. (3) For the purposes of subsection (2), sitting days shall be counted, whether or not they occur during the same session. 42 Board not to be concerned in party politics (1) It shall not be lawful for any board to expend any of its funds for any purpose whatever in connection with the politics of any political party, nor shall any board become affiliated in any way whatever with any body, association or organisation having for its objects or any of its objects the support of the politics or program or aims of any political party. (2) Without limiting section 41, if at any time the Governor is satisfied that a board has acted in contravention of any of the provisions of subsection (1), action may be taken under that section. 43 Appointment of administrator (1) The Governor may, by proclamation, appoint a person to be administrator of a board, where— (a) all the members of the board have vacated their offices or have been removed from their offices, or (b) all or any of the members of the board retain their offices and the Minister has certified to the Governor that the Minister is satisfied that it would be in the best interests of the board that an administrator be appointed. (2) The administrator of a board appointed under this section has all the functions of the board, and any act, matter or thing done or omitted to be done by the administrator shall have the same effect as if done or omitted by the board. (3) The Governor may, by proclamation— (a) remove from office any person appointed as administrator under this section, and (b) fill any vacancy in the office of administrator. (4) The reasonable costs and expenses (including remuneration) incurred by or in connection with the appointment of, and exercise of the functions of a board by, an administrator appointed under this section, as certified from time to time by the Minister, shall be payable from the funds of the board. (5) The members of a board may not exercise any functions as members while a person holds office as administrator of the board. Part 3 Marketing of commodities: marketing boards Division 1 General functions of boards 44 Functions relating to the marketing of the commodity (1) A board may market or arrange for the marketing of the commodity vested in or delivered or to be delivered to it, and do all acts, matters and things necessary or expedient in that behalf accordingly. (2) It is the duty of a board, in exercising its functions under this Act, to ensure, as far as practicable, the wholesomeness and purity of the commodity in the interests of public health. 45 Voluntary deliveries of the commodity (1) A board may arrange with a producer of the commodity produced or to be produced within the area of the board (being a part of the commodity that is not vested in the board) for the delivery of any of that commodity during such period and on such terms and conditions as the board thinks fit. (2) A board may arrange with a producer of a primary product produced or to be produced outside the area of the board (being a product that, if produced within the area of the board, would answer the description of the commodity) for the delivery of any of the product during such period and on such terms and conditions as the board thinks fit. (3) Any of the commodity or other primary product, in so far as that commodity or other primary product is the subject of an arrangement under this section, shall, subject to the terms of the arrangement, be deemed, for the purposes of this Act, to be part of the commodity for which the board is constituted. (4) This section does not authorise a board to enter into an arrangement with respect to a primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee. 46 Board may deal in the commodity (1) In this section, commodity includes a primary product that, if produced in the area of the board concerned, would answer the description of the commodity. (2) A board may purchase the commodity for the purpose of— (a) marketing or using it, or (b) providing the commodity for consumption within the area of the board, whether or not during periods of shortage, and may market, use or provide the commodity accordingly. (3) This section does not authorise a board to purchase any primary product that is a commodity for which another board or a committee is constituted, except with the consent of the other board or of the committee. 47 Grades and wholesale prices of the commodity A board may— (a) establish grades, classes or descriptions of the commodity, and (b) fix the price at which, and the terms and conditions of payment under which, a grade, class or description of the commodity may be sold by wholesale. 48 Manufacturing and processing of the commodity (1) A board may, with the approval of the Minister, and subject to any conditions for the time being approved by the Minister— (a) establish and conduct processing or manufacturing facilities for the commodity, for use by the board or by others, (b) process any of the commodity or manufacture products from or based on the commodity, and (c) market any of the products so processed or products so manufactured or any by-products resulting from any such processing or manufacturing. (2) Nothing in this section operates to require approval for anything to be done under this section which may instead be done under any other provision of this Part. 49 Board may deal in other products etc (1) In this section, other primary product means any primary product other than— (a) the commodity for which the board concerned is constituted, and (b) any product that, if produced within the area of the board concerned, would answer the description of the commodity. (2) A board may, with the approval of the Minister, and subject to any conditions for the time being determined by the Minister— (a) market and otherwise deal in any other primary product, (b) establish and conduct processing or manufacturing facilities for any other primary product, for use by the board or by others, (c) use facilities referred to in section 48 (1) for any other primary product, (d) process any other primary product or manufacture products from or based on any other primary product, (e) market any of the products so processed or products so manufactured, (f) manufacture articles or things for use in connection with marketing the commodity, any other primary product or any other product, and (g) market any of the articles or things so manufactured. (3) A board may not under this section deal with a primary product that is a commodity for which another board or committee is constituted, except with the consent of the other board or of the committee. 50 Appointment of authorised agents (1) A board may, by order in writing, appoint any person to be an authorised agent to act as the board's agent for the purpose of exercising such of the board's functions as may be specified in the order. (1A) Subject to the regulations, an order under subsection (1) may impose on a person's appointment as an authorised agent such conditions as the board considers appropriate. (1B) Without limiting subsection (1A), such conditions may include conditions as to the circumstances in which, and the manner in which, the authorised agent may exercise the board's functions. (2) Where a board appoints an authorised agent under subsection (1) for the purpose of exercising any functions of the board, those functions may be carried out by any employee, or agent, of the authorised agent who is authorised to do so by the authorised agent. (3) For the purposes of this Act, and if the relevant order referred to in subsection (1) so provides— (a) an authorised agent of a board shall be deemed to deliver a portion of the commodity to the board, and (b) the board shall be deemed to accept that portion, in such circumstances as may be specified in the order. (4) A board may enter into an agreement with an authorised agent of the board for retention by the authorised agent of such part of the proceeds of the sale by the authorised agent of any of the commodity or any other product as is provided for in the agreement. 51 Appointment of authorised buyers (1) A board may, by order in writing, appoint any person to be an authorised buyer. (1A) Subject to the regulations, the manner in which an application for appointment as an authorised buyer is to be made to a board, or dealt with by a board, is to be as determined by the board. (1B) The regulations may make provision for or with respect to the fees payable to a board by authorised buyers and by applicants for appointment as authorised buyers. (1C) A board may refuse to appoint a person as an authorised buyer if and only if— (a) an earlier order appointing the person as an authorised buyer has been revoked during the previous 2 years (otherwise than at the person's request), or (b) the board reasonably believes that the person would not comply with the conditions to which the authorised buyer would be subject if the appointment were made. (2) An authorised buyer is, subject to and in accordance with the relevant order referred to in subsection (1), authorised to purchase, on the authorised buyer's own account, from a producer of the commodity or any other person any of the commodity which that producer or other person is entitled to sell. (3) Where a board appoints an authorised buyer under subsection (1) the powers conferred by subsection (2) may be exercised by any employee, or agent, of the authorised buyer who is authorised to do so by the authorised buyer. (4) A board may enter into an agreement with an authorised buyer for payment of commission or other remuneration to the authorised buyer. (5) An authorised buyer may also be an authorised agent. (6) A person who applies to a board for appointment as an authorised buyer may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any decision made by the board with respect to the application. (7) A person whose appointment as an authorised buyer is varied, suspended or revoked by a board may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the board's decision to vary, suspend or revoke the appointment. (8) Subsections (6) and (7) do not apply to a decision by the board to impose on a person's appointment as an authorised buyer any condition of the kind referred to in section 51A (2). 51A Conditions of appointment as authorised buyer (1) Subject to the regulations, an order under section 51 (1) may impose on a person's appointment as an authorised buyer such conditions as the board considers appropriate (conditions of appointment). (2) Without limiting subsection (1), the conditions of appointment of an authorised buyer must include a condition prohibiting, except with the board's written approval, any sale or supply to persons outside Australia of any commodity purchased by the authorised buyer pursuant to the power conferred by section 51 (2). (2A) An approval under subsection (2) may not authorise the sale or supply, during any period, of any commodity purchased by an authorised buyer if— (a) another approval under that subsection authorises the sale or supply, during the same period, of the same kind of commodity purchased by some other authorised buyer, and (b) the board has given a written undertaking to the other authorised buyer that it will not give another approval in respect of the sale or supply of that commodity during that period. (3) A condition of appointment may not limit the period for which a person's appointment as an authorised buyer is to have effect. (4) A board may suspend or revoke a person's appointment as an authorised buyer if and only if it is satisfied that the person has contravened a condition of appointment. (5) An authorised buyer who contravenes a condition of appointment (otherwise than as referred to in subsection (6)) is guilty of an offence against this Act. Maximum penalty—200 penalty units. (6) An authorised buyer who sells or supplies a commodity in contravention of a condition of appointment is guilty of an offence against this Act. Maximum penalty—2,000 penalty units. (7) On the application of the Minister, the Supreme Court may order a person who has sold or supplied a commodity in contravention of a condition of appointment (being a commodity purchased by the person as an authorised buyer) to pay to the Minister, for payment to the Consolidated Fund, an amount equivalent to its estimate of— (a) the proceeds of the sale of the commodity, or (b) the value of the commodity supplied, as the case may be. (8) An order under subsection (7) may be made against a person whether or not the person has been prosecuted or convicted in respect of an offence under subsection (6). 51B General prohibition on sale or supply of commodities outside Australia (1) A person who sells or supplies any commodity to a person outside Australia is guilty of an offence. Maximum penalty—2,000 penalty units. (2) This section does not apply to the sale or supply of a commodity to a person outside Australia pursuant to a written approval under section 51A (2). (3) This section applies only in relation to the sale or supply of rice grown in New South Wales, being the commodity in respect of which the Rice Marketing Board for the State of New South Wales is constituted. 52 Board may act as marketing agent (1) A board may act as agent for any person (including another board) for the purpose of marketing— (a) any of the commodity which that person is entitled to sell, or (b) with the approval of the Minister, any other primary product which that person is entitled to sell, whether or not it was produced within the area of the board or within New South Wales, and may do all acts, matters and things necessary or expedient in that behalf accordingly. (2) (Repealed) (3) Nothing in the Property and Stock Agents Act 2002 applies to or in respect of anything done by a board in pursuance of subsection (1). (4) Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to marketing the relevant commodity or other product as if it were the principal. (5) A board may not under this section deal with the commodity for which another board or a committee is constituted, except with the consent of the other board or the committee. 53 Board may act as purchasing agent (1) A board may, with the approval of the Minister, act as agent for any persons for the purpose of purchasing equipment, machinery, seed, fertilizer or any other article or thing for use in the production of the commodity. (2) Without limiting its functions, a board may, when acting as agent under subsection (1), enter into all such arrangements with respect to any purchases referred to in subsection (1) as if it were the principal. 54 Miscellaneous functions (1) Without limiting the generality of the foregoing provisions of this Division, a board may— (a) make such arrangements as it deems necessary with regard to sales of the commodity or any other product with which the board is associated for export or for consignment to other countries or other parts of Australia, (b) enter into insurance contracts relating to the commodity or any other product with which the board is associated, (c) promote and encourage the use, sale or consumption of the commodity or any other product with which the board is associated, (d) establish and maintain laboratories and carry out research and make investigations into matters relating to the commodity and any other product with which the board is associated (including chemical, physical, bacteriological and economic research and investigations), (e) devise and initiate as far as may be practicable improved methods of producing, marketing and using the commodity and any other product with which the board is associated, (f) devise and initiate as far as may be practicable means to prevent or eliminate wasteful, unnecessary or unhygienic methods, practices, costs or charges in connection with producing, marketing or using the commodity and any other product with which the board is associated, (g) enter into agreements for the use, within New South Wales or elsewhere, of any trade mark of which it is, or is entitled to be, registered as proprietor, and (h) publish reports, information and advice concerning the producing, marketing or use of the commodity or any other product with which the board is associated. (2) Without limiting any other of its functions, a board may— (a) enter into agreements with any person for or in connection with its functions, including agreements for the carrying out of works or the performance of services or the supply of goods or materials in connection with any of its functions, and (b) enter into agreements with any person for the use of any of the equipment, machinery or facilities of the board for a purpose not itself otherwise connected with the functions of the board. (3) Where necessary, and without limiting any other provision of this Act, a board may return, destroy or otherwise dispose of any of the commodity. (4) Any of the functions of a board may be exercised— (a) by the board, (b) by any affiliate of the board, or (c) by the board or such an affiliate, or both, in a partnership, joint venture or other association with other persons or bodies. (5) For the purpose of exercising its functions, a board may— (a) join in the formation of any company to be incorporated, and (b) purchase, hold, dispose of or deal with shares in, or subscribe to the issue of shares by, any company. (6) A board shall not do any of the things mentioned in subsection (5) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister. (7) An affiliate of a board shall not, except with the approval of the Minister, engage in any activities which the board may not engage in. (8) If any function of a board may be exercised only with an approval under this Act, the function requires the same approval when exercised under an arrangement, or by a company, or in a partnership, joint venture or other association, as referred to in this section. (9) A board may exercise any of its functions under this Act, whether or not the function is exercised in, or the thing in respect of which the function is exercised is in or of or produced in, the area of the board or New South Wales. (10) In this section, affiliate, in relation to a board, means— (a) a company in which the board has a controlling interest by virtue of its shareholding, or (b) a company whose memorandum and articles of association provide that any or all of the directors of the company shall be persons who are, or who are nominated by, persons for the time being holding office as members of the board. 55 Miscellaneous provisions (1) This section applies to the following functions of a board— (a) its functions in relation to the commodity or any other primary product under sections 46 and 49, (b) its function as agent under section 52 or 53, (c) such other of the board's functions as may be prescribed. (2) In so far as a board keeps accounts relating to any of its functions to which this section applies, the board shall keep separate accounts in respect of each such function. (3) Costs, charges and expenses incurred by a board in exercising any function to which this section applies, including such share of the general overheads of the board as the board thinks fair and proper, shall be met out of any commission or other remuneration received by the board, or out of a reserve created by the board under Part 6, in connection with the function. (4) Any mortgage, charge, lien, pledge, interest or trust given or created by or on behalf of a board in respect of, or in respect of financial accommodation obtained in connection with, any function to which this section applies, is, to the extent to which it is given or created in respect of any of the commodity vested in the board by the operation of this Act, and whether given or created before or after the commodity became so vested, null and void. Division 2 Vesting of commodities in boards 56 Vesting of commodity in board (1) Where a product has been declared a commodity and a board has been constituted in respect of the commodity, the Governor, by proclamation, may— (a) declare—