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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Horticultural Produce Commission
Amendment Bill 1999
A Bill for
An Act --
• to amend the Horticultural Produce Commission Act 1988;
• to validate certain appointments and acts;
• to enact transitional provisions; and
• to amend the Constitution Acts Amendment Act 1899 and
the Financial Administration and Audit Act 1985.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Horticultural Produce Commission
Amendment Act 1999.
page 1
16--1
Horticultural Produce Commission Amendment Bill 1999
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Horticultural Produce
5 Commission Act 1988* unless otherwise indicated.
[* Act No. 75 of 1988.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 116.]
4. Long title replaced
10 The long title is repealed and the following long title is inserted
instead --
"
An Act to --
• provide for the constitution of an
15 Agricultural Produce Commission for the
purposes of encouraging initiative among
producers of agricultural produce to form
producers' committees for the purposes of
providing services to producers of
20 agricultural produce;
• define the functions of the Commission and
producers' committees;
• authorize the determination and imposition
of charges for services; and
25 • amend the Parliamentary Commissioner
Act 1971 and the Constitution Acts
Amendment Act 1899,
and for related purposes.
".
page 2
Horticultural Produce Commission Amendment Bill 1999
s. 5
5. Section 1 amended
Section 1 is amended by deleting "Horticultural" and inserting
instead --
" Agricultural ".
5 6. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting, in the appropriate alphabetical positions,
the following definitions --
"
10 "agricultural industry" includes broad acre cropping,
horticultural, pastoral, grazing, dairying, intensive
animal production, land based aquacultural, and
apicultural industries, and agroforestry;
"agricultural produce" means the produce of an
15 agricultural industry;
";
(b) in the definition of "Commission" by deleting
"Horticultural" and inserting instead --
" Agricultural ";
20 (c) by deleting the definitions of "growers' committee" and
"horticultural produce";
(d) in the definition of "member" by deleting "growers' " in
both places where it occurs and inserting instead --
" producers' ";
25 (e) by deleting the full stop after the definition of "member"
and inserting instead --
"
;
"producers' committee" means a producers' committee
30 established under section 11.
".
(2) Section 3(2) is repealed.
page 3
Horticultural Produce Commission Amendment Bill 1999
s. 7
7. Part 2 heading replaced
Part 2 is amended by deleting the heading "PART 2 --
HORTICULTURAL PRODUCE COMMISSION" and
inserting instead --
5 "
Part 2 -- Agricultural Produce Commission
".
8. Section 4 amended
Section 4(4) is repealed.
10 9. Section 5 amended
(1) Section 5(1) is amended as follows:
(a) in paragraph (a) by deleting "an officer of the Public
Service of the State" and inserting instead --
"
15 a public service officer as defined in
section 3(1) of the Public Sector Management
Act 1994
";
(b) in paragraph (b) by deleting "an officer of the Public
20 Service of the State" and inserting instead --
"
a public service officer as defined in
section 3(1) of the Public Sector Management
Act 1994
25 ";
(c) in paragraph (c) by deleting "Horticultural Industry" and
inserting instead --
" horticultural industry ";
page 4
Horticultural Produce Commission Amendment Bill 1999
s. 10
(d) in paragraph (c) by deleting "a member of the State
Public Service" and inserting instead --
" employed in the Public Service ";
(e) after paragraph (c) by deleting the full stop and inserting
5 instead --
"
;
(d) one member who has a knowledge and
understanding of broad acre cropping and who
10 is not employed in the Public Service;
(e) one member who has a knowledge and
understanding of the pastoral, grazing, dairying,
or intensive animal production industry and
who is not employed in the Public Service.
15 ".
(2) After section 5(1) the following subsection is inserted --
"
(1a) A person who has a knowledge and understanding of
an agricultural industry other than an agricultural
20 industry referred to in subsection (1)(c), (d), or (e) and
who is not employed in the Public Service may also be
appointed as a member of the Commission.
".
10. Section 6 amended
25 Section 6(2) is repealed and the following subsection is inserted
instead --
"
(2) Without limiting subsection (1), a producers'
committee may be established --
30 (a) in relation to any agricultural produce of a
particular kind, class or variety or which
possesses a particular characteristic;
page 5
Horticultural Produce Commission Amendment Bill 1999
s. 11
(b) in relation to a number of different kinds,
classes or varieties of agricultural produce; or
(c) to achieve specified objects in relation to any
agricultural produce,
5 for the whole State or part of the State.
".
11. Section 7 amended
(1) Section 7(1)(a) is amended by deleting "moneys the
Commission receives in respect of fees and charges in respect
10 of" and inserting instead --
" charges received by the Commission for ".
(2) Section 7(2) is amended by deleting "Horticultural" and
inserting instead --
" the Agricultural ".
15 12. Part 3 heading replaced
Part 3 is amended by deleting the heading "PART 3 --
GROWERS' COMMITTEES" and inserting instead --
"
Part 3 -- Producers' committees
20 ".
13. Section 10 amended
(1) Section 10(1) is amended as follows:
(a) by deleting "appointing" and inserting instead --
" establishing ";
25 (b) by deleting "a growers' committee in relation to the
particular horticultural produce in question" and
inserting instead --
" that committee ".
page 6
Horticultural Produce Commission Amendment Bill 1999
s. 14
(2) Section 10(2)(d) is deleted.
(3) Section 10(3) is amended as follows:
(a) by deleting "horticultural produce industry in this State"
and inserting instead --
5 " agricultural industry in question ";
(b) by deleting "growers of that kind of horticultural
produce in the area referred to in the notice" and
inserting instead --
"
10 producers who may be affected by the proposal
".
14. Section 11 amended
(1) Section 11(1) is amended as follows:
(a) in paragraph (a) by deleting "appointed" in both places
15 where it occurs and inserting instead --
" established ";
(b) after paragraph (a)(i) by deleting "and";
(c) in paragraph (a)(ii) by deleting "in relation to which the
growers' committee is established";
20 (d) after paragraph (a)(ii) by inserting --
"
(iii) whether a poll is to be held to elect
members of the producers' committee;
and
25 ".
(2) After section 11(1) the following subsections are inserted --
"
(1a) The Commission may resolve to conduct a poll of the
producers concerned to elect the members of a producers'
30 committee if for any reason the Commission is of the
opinion that a poll should be held.
page 7
Horticultural Produce Commission Amendment Bill 1999
s. 15
(1b) If the Commission resolves under subsection (1a) to
conduct a poll, the Commission shall specify in the
resolution the number of persons to be elected at the
poll to be members of the producers' committee.
5 (1c) A person is not eligible to stand at a poll to elect
members of the producers' committee unless the
person is qualified to be appointed to the committee in
relation to the kind of agricultural produce in question.
(1d) Subject to subsection (2), the persons elected at a poll to
10 be members of a producers' committee shall be appointed
by the Commission to be members of the committee.
".
(3) Section 11(2) is amended by deleting "kind of horticultural" and
inserting instead --
15 " agricultural ".
15. Section 12 amended
Section 12(1) is amended as follows:
(a) by deleting "the relevant growers' " and inserting
instead --
20 " a producers' ";
(b) after paragraph (l) by inserting the following
paragraph --
"
(la) establish a compensation scheme for the benefit
25 of producers whose agricultural produce is
destroyed as a result of action taken to control a
pest or disease of that produce;
";
(c) in paragraph (m) by deleting "(l)" and inserting
30 instead --
" (la) ".
page 8
Horticultural Produce Commission Amendment Bill 1999
s. 16
16. Section 13 amended
Section 13(1) is amended by deleting "the relevant growers' "
and inserting instead --
" a producers' ".
5 17. Section 14 replaced
Section 14 is repealed and the following section is inserted
instead --
"
14. Imposition of charges for services
10 (1) The Commission, at the request and with the advice of
a producers' committee, may determine the cost or
estimated cost of providing a service which the
producers' committee is authorized to provide and,
with the approval of the Minister, may impose a charge
15 for the provision of that service.
(2) The Commission is to determine the amount of a
charge imposed under this section having regard to the
cost or estimated cost of providing the service and any
other relevant factors.
20 (3) Notice of a charge imposed under this section is to be
published, and the charge is payable, in accordance
with the regulations.
".
18. Section 15 amended
25 Section 15(1) is amended as follows:
(a) by deleting "the relevant growers' " in the first place
where it occurs and inserting instead --
" a producers' ";
(b) by deleting "by a simple majority of the persons entitled
30 to vote";
page 9
Horticultural Produce Commission Amendment Bill 1999
s. 19
(c) by deleting "relevant growers' " in the second and third
place where it occurs and inserting instead --
" producers' ".
19. Section 16 amended
5 Section 16(1) is amended as follows:
(a) by deleting "horticultural" and inserting instead --
" the agricultural ";
(b) by deleting "of the kind".
20. Section 18 amended
10 Section 18(3) is repealed and the following subsections are
inserted instead --
"
(3) Despite subsection (2), any amount which is no longer
required by a producers' committee --
15 (a) to be applied for the service in relation to which
the charge was imposed; or
(b) to defray the proper costs and expenses of the
producers' committee,
may be allocated by the Commission to be applied for
20 the provision of another service that the committee is
authorized to provide.
(4) The Commission shall maintain proper books of
account and records showing amounts credited to the
account referred to in subsection (1) and the manner in
25 which the moneys in that account are applied.
".
21. Section 19 amended
Section 19(1) is amended by deleting "a particular kind of
horticultural" and inserting instead --
30 " agricultural ".
page 10
Horticultural Produce Commission Amendment Bill 1999
s. 22
22. Section 19A inserted
After section 19 the following section is inserted --
"
19A. Application to commercial and non-commercial
5 producers of provisions relating to the control of
certain pests or diseases
(1) Where this section applies, a reference in this Act to "a
producer" includes a reference to a producer of any
quantity of agricultural produce, whether for sale or
10 not.
(2) This section applies if --
(a) the Minister, by notice published in the Gazette,
has declared a specified pest or disease to be a
pest or disease to which this section applies;
15 and
(b) a producers' committee is established, or is to
be established, with the object of controlling or
developing the means of controlling the pest or
disease specified in the notice.
20 ".
23. Section 22 amended
Section 22(2) is repealed.
24. Section 25 amended
Section 25(2) is amended by deleting paragraph (e) and "and"
25 after it and the following paragraphs are inserted instead --
"
(e) require that for the purposes of this Act
information relating to agricultural produce be
furnished to prescribed persons or
30 organizations;
page 11
Horticultural Produce Commission Amendment Bill 1999
s. 25
(ea) prescribe the manner in which charges imposed
under this Act shall be paid and collected and
the persons to whom the charges shall be paid
or by whom the charges shall be collected; and
5 ".
25. Section 26 amended
Section 26(1) is amended by deleting "this Act" and inserting
instead --
"
10 the Horticultural Produce Commission Amendment
Act 1999
".
26. Schedule amended
(1) Clause 2 of the Schedule is amended by deleting "Public
15 Service Commissioner" and inserting instead --
" Minister for Public Sector Management ".
(2) Clause 6(4) of the Schedule is amended by deleting "2" and
inserting instead --
" 3 ".
20 27. Various references to "Horticultural" changed to
"Agricultural"
The provisions of the Act mentioned in the Table to this section
are amended by deleting "Horticultural" and inserting
instead --
25 " Agricultural ".
Table
section 4(1) section 7(3)
page 12
Horticultural Produce Commission Amendment Bill 1999
s. 28
28. Various references to "horticultural" changed to
"agricultural"
The provisions of the Act mentioned in the Table to this section
are amended by deleting "horticultural" and inserting instead --
5 " agricultural ".
Table
section 6(1)(a) section 12(1)(b) section 12(1)(j)
section 10(2)(c) section 12(1)(c) section 12(1)(k)
section 10(7) section 12(1)(d) section 12(1)(l)
(2 places) section 12(1)(e) section 19(1) (in
section 11(1)(a)(i) section 12(1)(f) the second place
section 12(1) where it occurs)
section 12(1)(g)
(where first section 23(c)
section 12(1)(h)
occurring) (3 places)
section 12(1)(i)
section 12(1)(a) section 23(d)
29. Various references to "grower" changed to "producer"
The provisions of the Act mentioned in the Table to this section
are amended by deleting "grower" and inserting instead --
10 " producer ".
Table
section 10(3) section 15(8)
section 13(1) section 23(c)(iii)
(2 places)
30. Various references to "growers" changed to "producers"
The provisions of the Act mentioned in the Table to this section
are amended by deleting "growers" and inserting instead --
15 " producers ".
page 13
Horticultural Produce Commission Amendment Bill 1999
s. 31
Table
section 10(2)(f) section 12(1)(f) section 19(1)
section 10(4) section 12(1)(i) (4 places)
section 10(7) (2 places) section 19(2)
section 10(9) section 12(3) section 23(d)(ii)
section 11(1)(b) section 15(1) section 25(2)(a)
section 16(1) (2 places)
section 12(1)(c)
section 25(2)(c)
31. Various references to "growers' " changed to "producers' "
The provisions of the Act mentioned in the Table to this section
are amended by deleting "growers' " and inserting instead --
5 " producers' ".
Table
section 6(1)(a) section 10(2)(e) section 11(2)
section 6(1)(b) (2 places) section 11(3)
section 6(1)(c) section 10(3) section 12(1) (the
section 6(1)(d) section 10(5) second place where
section 6(1)(e) (3 places) it occurs)
(2 places) section 10(6) section 12(1)(c)
section 6(1)(f) (2 places) section 12(2)
section 6(1)(g) section 10(7) section 12(3)
(2 places) (3 places)
section 6(1)(h)
section 10(9) section 12(4)
section 7(1)(a)
section 11(1) (the section 15(2)
section 7(1)(b) first, second, third, section 15(3)
section 7(3) and fifth place
(4 places)
section 10(1) where it occurs)
page 14
Horticultural Produce Commission Amendment Bill 1999
s. 32
Table (continued)
section 15(5) section 17(2) section 23(a)(iii)
section 15(6) section 18(1) section 23(a)(iv)
section 15(7) (2 places) section 24
(2 places) section 19(1) (5 places)
section 15(8) section 20(2) section 26(1)(b)
(3 places) section 22(1)
section 16(1) section 23(a)(i)
32. Validation
(1) Any appointment made after the commencement of the Plant
Diseases Amendment Act 1993 and before the commencement
5 of this Act to a growers' committee by the Commission
purporting to act under section 11 of the Horticultural Produce
Commission Act 1988 is hereby validated and declared to have
been lawfully made.
(2) Any act or thing done after the commencement of the Plant
10 Diseases Amendment Act 1993 and before the commencement
of this Act by a growers' committee purporting to act under the
Horticultural Produce Commission Act 1988 that would have
been lawful if this Act had been in force at the time when it was
done is hereby validated and declared to have been lawfully
15 done.
33. Consequential amendments
(1) Schedule V Part 3 to the Constitution Acts Amendment
Act 1899* is amended as follows:
(a) by deleting "Horticultural Produce Commission or any
20 growers' committee established under the Horticultural
Produce Commission Act 1988.";
page 15
Horticultural Produce Commission Amendment Bill 1999
s. 34
(b) by inserting after the item relating to the Agricultural
Practices Board of Western Australia the following
item --
"
5 The Agricultural Produce Commission or any producers'
committee established under the Agricultural Produce
Commission Act 1988.
".
[* Reprinted as at 15 April 1999.
10 For subsequent amendments see Acts Nos. 53 of 1998 and
26 of 1999.]
(2) Schedule 1 to the Financial Administration and Audit Act 1985*
is amended as follows:
(a) by deleting "Horticultural Produce Commission";
15 (b) by inserting before the item relating to the Albany Port
Authority the following item --
" Agricultural Produce Commission ".
[* Reprinted as at 10 January 1997.
For subsequent amendments see 1998 Index to Legislation of
20 Western Australia, Table 1, p. 91 and Acts Nos. 53 and 65 of
1998 and 26 of 1999.]
34. Transitional
(1) On the commencement of this Act the account known as the
Horticultural Produce Commission Account established under
25 section 7 of the Horticultural Produce Commission Act 1988 is
continued in existence under the name the Agricultural Produce
Commission Account;
(2) If immediately before the commencement of this Act a committee
established under section 11 of the Horticultural Produce
30 Commission Act 1988 is in existence then on commencement --
(a) the committee continues in existence; and
page 16
Horticultural Produce Commission Amendment Bill 1999
s. 34
(b) the name of the committee is deemed to have
"Producers'" substituted for "Growers'".
(3) If the procedure for establishing a growers' committee under the
Horticultural Produce Commission Act 1988 has been initiated
5 but has not been completed before the commencement of this
Act, that procedure may continue to be followed and be
completed after the commencement of this Act as if this Act had
not come into operation but if a committee is established under
that procedure it is established as a producers' committee with a
10 name containing "Producers'" instead of "Growers'".
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