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This is a Bill, not an Act. For current law, see the Acts databases.
CONSTITUTIONAL CORPORATIONS (FARM GATE TO PLATE) BILL 2011 [NO. 2]
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Constitutional Corporations (Farm Gate
to Plate) Bill 2011
No. , 2011
(Senator Xenophon)
A Bill for an Act to require constitutional
corporations that are grocery retailers to display
producer prices, and for related purposes
i Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Object
.................................................................................................
2
4 Constitutional
basis for Act ............................................................... 2
5 Application
to
external Territories ..................................................... 3
6
Relationship with State and Territory laws ........................................ 3
7 Interpretation
......................................................................................
3
Part 2--Producer prices for produce
5
8 Application
........................................................................................
5
9
Requirements on constitutional corporation to display and to
publish producer prices for produce .................................................. 5
10
Contravention of subsection 9(1), (2) or (3) ...................................... 5
11
Subsections 9(1), (2) and (3) deemed to be infringement
notice provisions ................................................................................ 5
12 Enforcement
.......................................................................................
6
13
Amount of penalty specified in infringement notice for
contravention of subsection 9(1), (2) or (3) ....................................... 6
Part 3--Miscellaneous
7
14 Regulations
........................................................................................
7
Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011 1
A Bill for an Act to require constitutional
1
corporations that are grocery retailers to display
2
producer prices, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Constitutional Corporations (Farm
8
Gate to Plate) Act 2011.
9
Part 1 Preliminary
Section 2
2 Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
14
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Object
13
The object of this Act is to enable consumers to understand the
14
pricing practices of grocery retailers.
15
4 Constitutional basis for Act
16
This Act relies on:
17
(a) the Commonwealth's legislative powers under paragraphs
18
51(i), (v), (xv) and (xx) of the Constitution; and
19
(b) any implied legislative powers of the Commonwealth.
20
Preliminary Part 1
Section 5
Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011 3
5 Application to external Territories
1
This Act extends to all the external Territories.
2
6 Relationship with State and Territory laws
3
(1) This Act is intended to apply to the exclusion of a law of a State or
4
Territory that is prescribed by the regulations.
5
(2) However, this Act is not intended to exclude or limit the concurrent
6
operation of any other law of a State or Territory, except so far as
7
the contrary intention appears.
8
7 Interpretation
9
In this Act:
10
constitutional corporation means a corporation to which
11
paragraph 51(xx) of the Constitution applies.
12
farm gate means the point at which produce leaves the farm where
13
it is produced.
14
farm gate price means the price of produce available at the farm,
15
excluding the costs of transport, processing, storage and marketing
16
and profit margins of any entities involved, including the grocery
17
retailer.
18
floor space has the same meaning as in the Trade Practices
19
(Industry Codes -- Unit Pricing) Regulations 2009.
20
food-based grocery item means an item that:
21
(a) is intended for human consumption by the manufacturer or
22
producer of the item; and
23
(b) is sold for human consumption by a grocery retailer to a
24
consumer; and
25
(c) is not meant for consumption at the retail premises at which it
26
is sold to the consumer.
27
grocery retailer means a constitutional corporation that sells
28
food-based grocery items to consumers in retail premises:
29
Part 1 Preliminary
Section 7
4 Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011
(a) that have more than 1,000 square metres of floor space
1
dedicated to the display of grocery items; and
2
(b) that are used primarily for the sale of food-based grocery
3
items.
4
produce means fresh fruit and vegetable produce.
5
producer price is the average farm gate price received by farmers
6
for a specific type of produce produced within a specified
7
12-month period.
8
retail premises has the same meaning as in the Trade Practices
9
(Industry Codes -- Unit Pricing) Regulations 2009.
10
selling price has the same meaning as in the Trade Practices
11
(Industry Codes -- Unit Pricing) Regulations 2009.
12
13
Producer prices for produce Part 2
Section 8
Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011 5
Part 2--Producer prices for produce
1
2
8 Application
3
This Part applies to any constitutional corporation that is a grocery
4
retailer.
5
9 Requirements on constitutional corporation to display and to
6
publish producer prices for produce
7
(1) A constitutional corporation to which this Part applies must display
8
the producer price for all produce sold by the corporation.
9
(2) The constitutional corporation must ensure that the producer price
10
for produce:
11
(a) is displayed prominently and in close proximity to the selling
12
price displayed for the produce; and
13
(b) is legible and unambiguous.
14
(3) A constitutional corporation to which this Part applies must also
15
publish on its website the producer price for all produce sold by the
16
corporation.
17
10 Contravention of subsection 9(1), (2) or (3)
18
A constitutional corporation must not contravene subsection 9(1),
19
(2) or (3).
20
11 Subsections 9(1), (2) and (3) deemed to be infringement notice
21
provisions
22
This section deems subsections 9(1), (2) and (3) to be infringement
23
notice provisions for the purposes of Division 5 of Part XI of the
24
Competition and Consumer Act 2010 and, subject to sections 12
25
and 13, the provisions of that Division apply accordingly.
26
Part 2 Producer prices for produce
Section 12
6 Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011
12 Enforcement
1
If the Australian Competition and Consumer Commission has
2
reasonable grounds to suspect that a constitutional corporation has
3
contravened subsection 9(1), (2) or (3), it may:
4
(a) issue an infringement notice to the corporation; or
5
(b) apply to the Federal Court for such order or orders as the
6
Commission thinks appropriate against the corporation.
7
13 Amount of penalty specified in infringement notice for
8
contravention of subsection 9(1), (2) or (3)
9
The penalty to be specified in an infringement notice that is to be
10
issued to a constitutional corporation, in relation to an alleged
11
contravention of subsection 9(1), (2) or (3), is 600 penalty units.
12
13
Miscellaneous Part 3
Section 14
Constitutional Corporations (Farm Gate to Plate) Bill 2011 No. , 2011 7
Part 3--Miscellaneous
1
2
14 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7