New South Wales Consolidated Acts

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RICE MARKETING ACT 1983


- As at 1 July 2023 
- Act 176 of 1983 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   5.      Delegation by the Minister
   5A.     Delegation by Secretary

   PART 2 - CONSTITUTION OF MARKETING BOARDS

           Division 1 - Preliminary

   6.      Definitions

           Division 2 - Petition and poll for constitution of board

   7.      Petition and proclamation for poll to constitute board

           Division 3 - Constitution of board

   8.      Proclamation for first election of board
   9.      Electoral districts
   10.     Constitution of board and declaration of commodity
   11.     Constitution of board
   12.     (Repealed)
   13.     Change of name of board
   14.     Board may control one or more commodities
   15.     Board may employ staff

           Division 4 - Addition of commodity or area to control of board

   16.     Operation of Division
   17.     Petition and proclamation for poll to add product or area to control of board
   18.     Proclamation of addition of commodity or area
   19.     Existing producers may also be polled

           Division 5 - Amalgamation of boards

   20.     Operation of Division
   21.     Request for amalgamation by boards
   22.     Invitation by Minister for representations on amalgamation
   23.     Proclamation of amalgamation
   24.     Consequences of amalgamation
   25.     Interim arrangements as to elected members of amalgamated board

           Division 6 - Removal of commodity or area from control of board

   26.     Operation of Division
   27.     Petition and proclamation for poll for removal of commodity or area from control of board
   28.     Removal of commodity or area from control of board
   29.     Other producers may also be polled

           Division 7 - Winding up and dissolution of board

   30.     Operation of Division
   31.     Advertisement by Minister as to time for petition
   32.     Petition and proclamation for poll to dissolve board
   33.     Request for dissolution by board
   34.     Invitation by Minister for representations on dissolution
   35.     Winding up and dissolution

           Division 8 - General provisions

   36.     Expiry and effect of petitions
   37.     Certain persons deemed to be producers for the purposes of petition, poll or election
   38.     Report to be published in connection with poll
   39.     Provisions as to polls
   40.     Provisions as to elections
   41.     Dismissal of board
   42.     Board not to be concerned in party politics
   43.     Appointment of administrator

   PART 3 - MARKETING OF COMMODITIES: MARKETING BOARDS

           Division 1 - General functions of boards

   44.     Functions relating to the marketing of the commodity
   45.     Voluntary deliveries of the commodity
   46.     Board may deal in the commodity
   47.     Grades and wholesale prices of the commodity
   48.     Manufacturing and processing of the commodity
   49.     Board may deal in other products etc
   50.     Appointment of authorised agents
   51.     Appointment of authorised buyers
   51A.    Conditions of appointment as authorised buyer
   51B.    General prohibition on sale or supply of commodities outside Australia
   52.     Board may act as marketing agent
   53.     Board may act as purchasing agent
   54.     Miscellaneous functions
   55.     Miscellaneous provisions

           Division 2 - Vesting of commodities in boards

   56.     Vesting of commodity in board
   57.     Exemption by board
   58.     Avoidance of contracts for sale of commodity
   59.     Remedy against board confined to claim for account

           Division 3 - Delivery of commodities to boards

   60.     Delivery of commodity
   61.     Acceptance of commodity
   62.     Revesting of commodity if not accepted
   63.     Duty to give notice of encumbrances

           Division 4 - Payment for vested commodities

   64.     Payments
   65.     Schemes for payments
   66.     Board not liable for payments made in good faith
   67.     Board protected in certain cases

           Division 5 - Special provisions relating to certain boards

   67A.    (Repealed)
   67B.    Special provisions relating to Rice Marketing Board

   PART 4 - CONSTITUTION OF MARKETING COMMITTEES

           Division 1 - Constitution of committee

   68.     Constitution of committee and declaration of commodity
   69.     Constitution of committee
   70.     Committee may employ staff
   71.     Change of name of committee
   72.     Committee may control one or more commodities

           Division 2 - Winding up and dissolution of committee

   73.     Winding up and dissolution
   73A.    Committees established under replacement marketing orders

           Division 3 - General provisions

   74.     Dismissal of committee
   75.     Appointment of administrator

   PART 5 - MARKETING OF COMMODITIES: MARKETING ORDERS
   Note

           Division 1 - Preliminary

   76.     Definitions

           Division 2 - Provisions relating to the making etc of marketing orders

   77.     Petition for marketing order
   78.     Report to be published in connection with proposal
   79.     Public meeting to be held
   80.     Publication of draft marketing order
   81.     Proclamation for poll as to making of a marketing order
   82.     Making of marketing order
   83.     Marketing order not to be made with respect to certain commodities
   84.     Provisions relating to marketing orders
   85.     Duration of marketing orders
   86.     Petition and proclamation for poll as to continuance of marketing order
   87.     Amendment etc of marketing orders
   88.     Invitation by Minister for representations on revocation of marketing order
   89.     Revocation of marketing order following representations
   90.     Validity of marketing orders

           Division 3 - Contents of marketing orders

   91.     Principal contents of marketing order
   92.     Exemptions
   93.     Contents of marketing order relating to composition of committee
   94.     Matters not to be dealt with in marketing order

           Division 4 - Removal of commodity or area from control of marketing order

   95.     Operation of Division
   96.     Petition and proclamation for poll to remove commodity or area from control of marketing order
   97.     Removal of commodity or area from control of marketing order
   98.     Other persons may also be polled

           Division 5 - General provisions

   99.     Expiry and effect of petitions
   100.    Certain persons deemed to be producers for the purposes of petition
   101.    Provisions as to polls
   102.    Provisions as to elections

           Division 6 - Special provisions relating to wine grape marketing orders

   102A.   Definitions
   102B.   Making of marketing order
   102C.   Prohibition on making of further marketing orders
   102D.   Application of other provisions to marketing orders made for the purposes of this Division

           Division 7 - Special provisions relating to dried prunes industry marketing orders

   102E.   Definition of "dried prunes"
   102F.   Contents of marketing order
   102G.   Prohibition on making of further marketing orders
   102H.   Application of other provisions to marketing orders made for the purposes of this Division

   PART 6 - FINANCIAL PROVISIONS

           Division 1 - General

   103.    Financial accounting periods
           104, 105. (Repealed)
   106.    Charges and fees
   107.    Costs incurred by Department etc on behalf of boards etc
   108.    Reserves
   109.    Retention of certain money owing by authorities
   110.    Financial accommodation
   111.    Investment of money of authority
   112.    Futures contracts
   113.    Loans to members of authorities

           Division 2 - (Repealed)
           None

   PART 7 - PUBLIC ACCOUNTABILITY

   123.    Review of authorities by Secretary
   124.    Reports by authorities
           125, 126. (Repealed)
   127.    Annual meetings of authorities
   128.    Management audits
   129.    Powers of Secretary etc at management audit
   130.    Reports of management audits
   131.    Reports to be furnished
   131A.   Annual reports by Secretary

   PART 8 - STATISTICS, MARKETING INFORMATION AND PROMOTION

   132.    Statistics and marketing information
   133.    Co-operation in marketing
   134.    Dissemination of official information
   135.    Functions of boards etc not affected

   PART 9 - INSPECTION ETC

   136.    Appointment of authorised persons
   137.    Information to be furnished
   138.    Access to premises and motor vehicles
   139.    Demanding name and place of abode
   140.    Offences

   PART 10 - WINDING UP, ARRANGEMENTS ETC

   141.    Definitions
   142.    Crown to be bound
   143.    Application of Part 5.7 of Corporations Act 2001 of the Commonwealth
   144.    Power to compromise with creditors
   145.    Information as to compromise with creditors
   146.    Regulations and rules
   147.    Exercise of statutory functions
   148.    Persons in default

   PART 11 - MISCELLANEOUS

   149.    Proclamations
   150.    Approvals of Minister
   151.    Duties and liability of certain persons
   152.    Offences by members and officers
   153.    Secrecy
   154.    Restrictions on certain dealings
   155.    Offences and penalty
   156.    Proceedings for offences
   157.    Offences by corporations
   158.    Evidentiary provisions
   159.    Service of notices
   160.    Liability
   161.    (Repealed)
   162.    Savings, transitional and other provisions
   163.    Regulations
   164.    Authorisations for section 51 of Competition and Consumer Act 2010 (Cth) and Competition Code
   165.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)
           SCHEDULE 6


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