Commonwealth Numbered Acts

HORTICULTURAL EXPORT CHARGE COLLECTION ACT 1987 No. 171 of 1987 - SECT 4

4. In this Act, unless the contrary intention appears:

"authorised person" means a person who is, by virtue of an appointment under
section 18, an authorised person for the purposes of the provision in which
the expression appears;

"chargeable horticultural products" means horticultural products in a class of
horticultural products prescribed for the purposes of this definition;

"cut flowers and foliage" includes processed cut flowers and foliage;

"examinable documents" means any books or documents relating to:

   (a)  the producing of chargeable horticultural products, whether by:

        (i)    growing or harvesting; or

        (ii)   processing the products or other products; or

   (b)  the handling, storing, transporting, processing or marketing of
        chargeable horticultural products;
including, without limiting the generality of the foregoing, books or
documents relating to financial dealings between any of the following persons:

   (c)  producers of chargeable horticultural products;

   (d)  exporting agents;

   (e)  persons who purchase chargeable horticultural products;

   (f)  persons who handle, store, transport, process or market chargeable
        horticultural products;

"exporting agent" means a person who, in the course of carrying on a business,
exports products from Australia on behalf of other persons (whether or not the
other persons are the owners of the products);

"fruits" includes processed fruits;

"horticultural products" means:

   (a)  fruits;

   (b)  vegetables;

   (c)  nuts;

   (d)  nursery products;

   (e)  cut flowers and foliage; and

   (f)  products in a class of products prescribed for the purposes of this
        paragraph;

"magistrate" includes a justice of the peace;

"nursery products" includes trees, shrubs, plants, seeds, bulbs, corms,
tubers, propagating material and plant tissue cultures, grown for ornamental
purposes or for producing fruits, vegetables, nuts, or cut flowers or foliage;

"nuts" includes processed nuts;

"order" means an order made under the regulations;

"owner", in relation to chargeable horticultural products that are exported
from Australia, means the person who is the owner of the products at the time
when they are exported;

"prescribed" includes prescribed by an order;

"process", in relation to a product, means the performance of any operation in
relation to the product, and includes the chilling, freezing, drying,
bottling, packing, canning or preserving of the product, but does not include
the performance of an operation included in a class of operations prescribed
for the purposes of this definition, either generally or in relation to the
product or a class of products in which the product is included;

"producer", in relation to a chargeable horticultural product, includes:

   (a)  the person who grew the product;

   (b)  the person who harvested the product if the person owned the product
        immediately after harvesting; and

   (c)  the person who produced the product by processing the product or
        another product;

"product" includes a thing occurring naturally;

"regulations" includes orders;

"Secretary" means the Secretary to the Department;

"this Act" includes the regulations;

"vegetables" includes:

   (a)  mushrooms and other edible fungi; and

   (b)  processed vegetables (including mushrooms and other edible fungi).