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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Agricultural Produce Commission Amendment Bill 2019 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 3 amended 2 5. Section 5 amended 2 6. Section 6 amended 3 7. Section 9 amended 4 8. Part 3 Division 1 heading inserted 4 Division 1 -- Establishing producers' committees 9. Section 10 amended 4 10. Section 11 amended 7 11. Part 3 Divisions 2 and 3 inserted 8 Division 2 -- Allocating responsibility for produce to an existing producers' committee 11A. Preliminary requirements for allocating responsibility for agricultural produce to existing producers' committee 8 11B. Polls to allocate responsibility for produce to existing producers' committee 9 11C. Allocating responsibility for agricultural produce to existing producers' committee 10 11D. Notice of allocation of responsibility for agricultural produce to existing producers' committee and appointing additional members 11 Division 3 -- Appointment of non-producers to producers' committees 11E. Appointment of non-producers to producers' committees 12 138--1 page i Agricultural Produce Commission Amendment Bill 2019 Contents 12. Part 3 Division 4 heading inserted 13 Division 4 -- Functions of producers' committees 13. Section 12 amended 13 14. Section 12A amended 15 15. Section 13 amended 15 16. Section 14 amended 16 17. Part 3 Division 5 inserted 17 Division 5 -- Removing responsibility for agricultural produce from or dissolving producers' committees 14A. Removing responsibility for agricultural produce from producers' committee after poll 17 14B. Removing responsibility for agricultural produce from producers' committee without poll 17 18. Section 15 amended 18 19. Section 15A inserted 19 15A. Dissolution of producers' committee without poll 19 20. Part 3 Division 6 heading inserted 20 Division 6 -- Conducting polls 21. Section 16 amended 20 22. Sections 16A and 16B inserted 21 16A. Weighted voting 21 16B. Commission's costs of conducting polls 22 23. Section 17 amended 22 24. Part 3 Division 7 heading inserted 22 Division 7 -- Other matters 25. Section 19 amended 23 26. Part 3A inserted 23 Part 3A -- Compliance Division 1 -- Authorised officers 19B. Authorised officers 23 Division 2 -- Powers of authorised officers 19C. Terms used 23 19D. Obtaining information and relevant records 25 19E. Failure to comply with directions 26 19F. Self-incrimination not an excuse 26 27. Section 19G inserted 26 19G. False or misleading information 26 page ii Agricultural Produce Commission Amendment Bill 2019 Contents 28. Section 20A inserted 28 20A. Giving notices and other documents electronically 28 29. Section 24 amended 28 30. Section 25 amended 29 31. Sections 26 and 27 deleted 29 page iii Western Australia LEGISLATIVE COUNCIL Agricultural Produce Commission Amendment Bill 2019 A Bill for An Act to amend the Agricultural Produce Commission Act 1988. The Parliament of Western Australia enacts as follows: page 1 Agricultural Produce Commission Amendment Bill 2019 s. 1 1 1. Short title 2 This is the Agricultural Produce Commission Amendment 3 Act 2019. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on the day after that day. 9 3. Act amended 10 This Act amends the Agricultural Produce Commission 11 Act 1988. 12 4. Section 3 amended 13 (1) In section 3(1) insert in alphabetical order: 14 15 authorised officer means a person designated under 16 section 19B as an authorised officer; 17 18 (2) In section 3(1) in the definition of agricultural industry delete 19 "as may be prescribed but excluding broadacre cropping and 20 grazing industries;" and insert: 21 22 prescribed for the purposes of this definition; 23 24 5. Section 5 amended 25 In section 5(1) after "of" insert: 26 27 3 or 28 page 2 Agricultural Produce Commission Amendment Bill 2019 s. 6 1 6. Section 6 amended 2 (1) In section 6(1): 3 (a) in paragraph (a) delete "in relation to" and insert: 4 5 with responsibility for 6 7 (b) after paragraph (a) insert: 8 9 (aa) allocate responsibility for agricultural produce 10 to existing producers' committees; and 11 (ab) remove responsibility for agricultural produce 12 from producers' committees; and 13 14 (c) delete paragraphs (d) and (e) and insert: 15 16 (d) conduct polls under this Act; and 17 (da) wind up the affairs of producers' committees 18 and appoint liquidators for that purpose; and 19 (e) dissolve producers' committees; and 20 21 (d) after paragraph (f) insert: 22 23 (fa) provide, as are necessary from time to time, 24 persons to assist producers' committees in 25 carrying out their functions under this Act; and 26 27 (2) In section 6(2): 28 (a) delete "established --" and insert: 29 30 established with responsibility, or be allocated 31 responsibility for -- 32 page 3 Agricultural Produce Commission Amendment Bill 2019 s. 7 1 (b) in paragraphs (a) and (b) delete "in relation to"; 2 (c) in paragraph (c) delete "to achieve" and insert: 3 4 achieving 5 6 7. Section 9 amended 7 In section 9 delete "officers, servants and other". 8 Note: The heading to amended section 9 is to read: 9 Commission may employ or engage persons 10 8. Part 3 Division 1 heading inserted 11 At the beginning of Part 3 insert: 12 13 Division 1 -- Establishing producers' committees 14 15 9. Section 10 amended 16 (1) Delete section 10(1) and insert: 17 18 (1A) A producer or producers of agricultural produce, or a 19 body representing the interests of such producers, may 20 request the Commission to conduct a poll for the 21 purpose of establishing a producers' committee with 22 responsibility for the agricultural produce for the whole 23 State or a part of the State. 24 (1B) A request made under subsection (1A) must -- 25 (a) be made in writing; and 26 (b) specify the agricultural produce for which the 27 producers' committee is proposed to have 28 responsibility; and page 4 Agricultural Produce Commission Amendment Bill 2019 s. 9 1 (c) specify the objects sought to be effected by 2 establishing the producers' committee; and 3 (d) if the producers' committee is proposed to be 4 established only in relation to a particular part 5 of the State, specify the part of the State in 6 relation to which it is proposed to be 7 established. 8 (1) The Commission must publish notice of a proposal to 9 establish the producers' committee. 10 11 (2) In section 10(2): 12 (a) delete "shall" (each occurrence) and insert: 13 14 must 15 16 (b) after paragraph (a) insert: 17 18 (aa) must specify the name or names of the producer 19 or producers, or body, that made the request; 20 and 21 22 (c) in paragraph (c) delete "the subject of the proposal; and" 23 and insert: 24 25 for which the producers' committee is proposed to have 26 responsibility; and 27 28 (3) In section 10(2a) delete "section and section 11, the 29 Commission shall" and insert: 30 31 Division, the Commission must 32 page 5 Agricultural Produce Commission Amendment Bill 2019 s. 9 1 (4) In section 10(3): 2 (a) delete "shall" (1st occurrence) and insert: 3 4 must 5 6 (b) delete "shall" (last occurrence) and insert: 7 8 must, subject to subsection (5), 9 10 (5) In section 10(4): 11 (a) delete "facilitating its consideration of the submissions 12 under subsection (3)" and insert: 13 14 subsection (3), 15 16 (b) delete "producers who in the opinion of the Commission 17 have" and insert: 18 19 producer who in its opinion has 20 21 (6) Delete section 10(5) to (7) and (9) and insert: 22 23 (5) The Commission must not conduct a poll for the 24 establishment of a producers' committee unless the 25 producer or producers, or body, that requested the poll 26 deposits with the Commission such sum as is 27 determined by the Commission as the reasonable costs 28 of the poll and the estimated initial costs of the 29 establishment of the producers' committee. 30 (6) If the Commission resolves to establish the producers' 31 committee, any money paid to the Commission under 32 subsection (5) must be repaid by the producers' page 6 Agricultural Produce Commission Amendment Bill 2019 s. 10 1 committee out of the funds of the producers' 2 committee to the producer or producers, or body, that 3 made the deposit under that subsection. 4 (7) The Commission must not establish a producers' 5 committee with responsibility for agricultural produce 6 unless -- 7 (a) the Commission has -- 8 (i) complied with subsections (1) and (2); 9 and 10 (ii) conducted a poll among the producers 11 of the agricultural produce in the whole 12 of the State, or a part of the State, as is 13 relevant to the proposal to establish the 14 producers' committee; 15 and 16 (b) the poll is in favour of the proposal. 17 (8) Even if the Commission has complied with 18 subsections (1) to (5) and (7) and a poll of producers 19 vote in favour of the proposal, the Commission may 20 refuse to establish, or defer the establishment of, the 21 producers' committee if the Commission considers 22 that, having regard to the circumstances of the case, it 23 is not desirable or practicable to do so. 24 25 10. Section 11 amended 26 (1) Delete section 11(1)(a)(i) and insert: 27 28 (i) the agricultural produce for which the 29 producers' committee has 30 responsibility; and 31 page 7 Agricultural Produce Commission Amendment Bill 2019 s. 11 1 (2) In section 11(1a)(b) delete "the poll" and insert: 2 3 a poll 4 5 11. Part 3 Divisions 2 and 3 inserted 6 After section 11 insert: 7 8 Division 2 -- Allocating responsibility for produce to an 9 existing producers' committee 10 11A. Preliminary requirements for allocating 11 responsibility for agricultural produce to existing 12 producers' committee 13 (1) Subject to subsection (2), a producer or producers of 14 agricultural produce, or a body representing the 15 interests of such producers, may request the 16 Commission to conduct a poll for the purpose of 17 allocating responsibility for the agricultural produce to 18 an existing producers' committee. 19 (2) A request cannot be made under subsection (1) unless 20 the producers' committee has given its written approval 21 to the request being made. 22 (3) A request made under subsection (1) must -- 23 (a) be made in writing; and 24 (b) specify the producers' committee and the 25 additional agricultural produce for which it is 26 proposed to have responsibility; and 27 (c) specify the objects sought to be effected by 28 allocating responsibility for the additional 29 agricultural produce to the producers' 30 committee; and page 8 Agricultural Produce Commission Amendment Bill 2019 s. 11 1 (d) attach the producers' committee's written 2 approval to the request being made. 3 (4) The Commission must publish notice of a proposal to 4 allocate responsibility for agricultural produce to an 5 existing producers' committee. 6 (5) A notice referred to in subsection (4) must -- 7 (a) be published in the manner directed by the 8 Minister; and 9 (b) specify the name or names of the producer or 10 producers, or body, that made the request; and 11 (c) specify the producers' committee and the 12 additional agricultural produce for which it is 13 proposed to have responsibility; and 14 (d) explain in simple terms the objects sought to be 15 effected by the proposal; and 16 (e) invite submissions from producers who may be 17 affected by the proposal. 18 (6) In performing its functions under this Division, the 19 Commission must have regard to any submissions 20 made to it under subsection (5)(e). 21 11B. Polls to allocate responsibility for produce to 22 existing producers' committee 23 (1) If a request is made under section 11A(1) to conduct a 24 poll for the purpose of allocating responsibility for 25 agricultural produce to an existing producers' 26 committee, the Commission must, subject to 27 subsections (2) and (4), conduct the poll. 28 (2) The Commission must not conduct the poll if, in its 29 opinion, allocating responsibility for the agricultural 30 produce to the producers' committee would be 31 materially to the financial detriment of a producer or 32 producers of the agricultural produce. page 9 Agricultural Produce Commission Amendment Bill 2019 s. 11 1 (3) For the purposes of subsection (2), the Commission 2 may invite any producer who in the opinion of the 3 Commission has an interest in the matter to attend 4 meetings of the Commission. 5 (4) The Commission must not conduct the poll unless the 6 producer or producers, or body, that requested the poll 7 deposits with the Commission such sum as is 8 determined by the Commission as the reasonable costs 9 of the poll. 10 (5) If the Commission resolves to allocate responsibility 11 for agricultural produce to the producers' committee, 12 any money paid to the Commission under 13 subsection (4) must be repaid by the producers' 14 committee out of the funds of the producers' 15 committee to the producer or producers, or body, that 16 made the deposit under that subsection. 17 11C. Allocating responsibility for agricultural produce to 18 existing producers' committee 19 (1) The Commission must not allocate responsibility for 20 agricultural produce to an existing producers' 21 committee unless -- 22 (a) the Commission has -- 23 (i) complied with section 11A(4) and (5); 24 and 25 (ii) conducted a poll under section 11B 26 among the producers of the agricultural 27 produce; 28 and 29 (b) the poll is in favour of the proposal. 30 (2) Even if the Commission has complied with 31 sections 11A(4) and (5) and 11B(1) to (4), the 32 Commission may refuse to allocate responsibility for page 10 Agricultural Produce Commission Amendment Bill 2019 s. 11 1 the agricultural produce to the producers' committee if 2 the Commission considers that, having regard to the 3 circumstances of the case, it is not desirable or 4 practicable to do so. 5 (3) If the Commission resolves to allocate responsibility 6 for agricultural produce to the producers' committee, 7 then on a day specified by the Commission in a notice 8 under section 11D(1) the producers' committee 9 commences to have responsibility for the agricultural 10 produce. 11 11D. Notice of allocation of responsibility for agricultural 12 produce to existing producers' committee and 13 appointing additional members 14 (1) If the Commission resolves to allocate responsibility 15 for agricultural produce to an existing producers' 16 committee, the Commission must by notice published 17 in the Gazette -- 18 (a) specify the producers' committee and the 19 agricultural produce for which it is allocated 20 responsibility; and 21 (b) specify the day on which the producers' 22 committee commences to have responsibility 23 for the agricultural produce; and 24 (c) invite nominations from among the producers 25 of the agricultural produce for appointment to 26 the producers' committee. 27 (2) After receiving nominations the Commission -- 28 (a) must decide how many members, in addition to 29 the current number of members, there is to be 30 on the producers' committee; and 31 (b) if it is of the opinion that a poll of the producers 32 of the agricultural produce should be held to 33 elect the members, must conduct a poll. page 11 Agricultural Produce Commission Amendment Bill 2019 s. 11 1 (3) A person is not eligible to stand at a poll under this 2 section to elect members of a producers' committee 3 unless the person is qualified to be appointed to the 4 producers' committee in relation to the agricultural 5 produce in question. 6 (4) Subject to subsection (5), a person elected at a poll 7 under this section to be a member of a producers' 8 committee must be appointed by the Commission to be 9 a member of the producers' committee. 10 (5) The Commission must not appoint a person under this 11 section to be a member of a producers' committee 12 unless the Commission is of the opinion that the person 13 is qualified to be so appointed in relation to the 14 agricultural produce in question. 15 Division 3 -- Appointment of non-producers to 16 producers' committees 17 11E. Appointment of non-producers to producers' 18 committees 19 (1) A producers' committee may nominate for 20 appointment to that producers' committee a person 21 who would not be eligible to stand at a poll under 22 section 11 or 11D to elect members of the producers' 23 committee. 24 (2) The Commission may appoint a person nominated 25 under subsection (1) by a producers' committee to be a 26 member of the producers' committee if -- 27 (a) the Commission is of the opinion that it would 28 be desirable and practicable to do so; and 29 (b) the Commission is of the opinion that the 30 person has experience relevant to the 31 producers' committee's functions; and page 12 Agricultural Produce Commission Amendment Bill 2019 s. 12 1 (c) after the person is appointed, the majority of 2 members of the producers' committee would be 3 producers of the agricultural produce for which 4 the producers' committee has responsibility. 5 (3) A person appointed to a producers' committee under 6 subsection (2) may take part in the consideration and 7 discussion of any matter before a meeting of the 8 producers' committee, but cannot vote on any matter. 9 10 12. Part 3 Division 4 heading inserted 11 Before section 12 insert: 12 13 Division 4 -- Functions of producers' committees 14 15 13. Section 12 amended 16 (1) In section 12(1): 17 (a) delete "in relation to which it is established --" and 18 insert: 19 20 for which the producers' committee has 21 responsibility -- 22 23 (b) in paragraph (d) delete "relating to the production of" 24 and insert: 25 26 that, in the opinion of the producers' committee, may be 27 of advantage to producers of the 28 page 13 Agricultural Produce Commission Amendment Bill 2019 s. 13 1 (c) in paragraph (k) before "promotion" insert: 2 3 production, 4 5 (d) in paragraph (la) before "action" insert: 6 7 a pest or disease of that produce or 8 9 (e) in paragraph (m) delete "organization or in conjunction 10 with the Commission or any other person or 11 organization." and insert: 12 13 organisation or in conjunction with the Commission or 14 any other person or organisation. 15 16 (2) Delete section 12(2). 17 (3) In section 12(3): 18 (a) delete "shall" and insert: 19 20 must 21 22 (b) delete "for which the producers' committee was 23 established" and insert: 24 25 the producers' committee is authorised to provide 26 27 (4) After section 12(4) insert: 28 29 (5) A producers' committee may, for the purposes of 30 providing services in relation to agricultural produce -- 31 (a) communicate, consult or liaise with producers 32 of agricultural produce; and page 14 Agricultural Produce Commission Amendment Bill 2019 s. 14 1 (b) hold meetings with producers of agricultural 2 produce. 3 4 14. Section 12A amended 5 In section 12A(1): 6 (a) delete "officers, employees and other persons employed 7 or engaged under section 12(2) by a producers' 8 committee established to administer a fruit fly foliage 9 baiting" and insert: 10 11 person employed or engaged by the Commission to 12 assist a producers' committee with responsibility for 13 administering a fruit fly control 14 15 (b) delete "committee." and insert: 16 17 committee or carry out any other control measures 18 determined by the producers' committee. 19 20 Note: The heading to amended section 12A is to read: 21 Power to enter orchards to administer fruit fly control scheme 22 15. Section 13 amended 23 (1) Before section 13(1) insert: 24 25 (1A) In this section -- 26 prescribed person means a person prescribed for the 27 purposes of this definition. 28 page 15 Agricultural Produce Commission Amendment Bill 2019 s. 16 1 (2) In section 13(1) delete "producer require the producer to furnish 2 in writing in the form of " and insert: 3 4 producer, or a prescribed person, require the producer or 5 prescribed person to furnish in writing in 6 7 (3) Delete section 13(2) and insert: 8 9 (2) A person must not without reasonable excuse fail to 10 comply with a requirement in a notice under this 11 section. 12 Penalty for this subsection: a fine of $1 000. 13 14 Note: The heading to amended section 13 is to read: 15 Power to require statistical information 16 16. Section 14 amended 17 (1) After section 14(2) insert: 18 19 (2A) Without limiting subsection (1) or (2), the cost or 20 estimated cost of providing a service includes any cost 21 of or associated with communicating, consulting, 22 liaising or meeting with producers of agricultural 23 produce for the purposes of providing the service. 24 25 (2) After section 14(3) insert: 26 27 (4) A charge imposed under this section that is paid to, or 28 collected by, a person is held by that person on trust for 29 the producers' committee providing the service for 30 which it is imposed until it is paid to the Commission 31 in accordance with the regulations. page 16 Agricultural Produce Commission Amendment Bill 2019 s. 17 1 (5) The regulations may provide for the circumstances in 2 which a charge imposed under this section may be 3 waived, refunded or reduced, in whole or in part. 4 5 17. Part 3 Division 5 inserted 6 After section 14 insert: 7 8 Division 5 -- Removing responsibility for agricultural 9 produce from or dissolving producers' committees 10 14A. Removing responsibility for agricultural produce 11 from producers' committee after poll 12 (1) The Commission may conduct a poll of the producers 13 of agricultural produce for which a producers' 14 committee has responsibility for the removal of 15 responsibility for the agricultural produce from the 16 producers' committee. 17 (2) If the poll is in favour of removing responsibility for 18 the agricultural produce from the producers' 19 committee, then on a day specified by the Commission 20 by notice published in the Gazette, the producers' 21 committee ceases to have responsibility for the 22 agricultural produce. 23 14B. Removing responsibility for agricultural produce 24 from producers' committee without poll 25 (1) The Commission may remove responsibility for 26 agricultural produce from a producers' committee if the 27 Commission is satisfied that the producers' 28 committee -- 29 (a) is operating in a manner that is materially to the 30 financial detriment of a producer or producers 31 of the agricultural produce; or page 17 Agricultural Produce Commission Amendment Bill 2019 s. 18 1 (b) is no longer providing any service the 2 producers' committee is authorised to provide. 3 (2) If the Commission resolves to remove responsibility 4 for agricultural produce from a producers' committee, 5 then on a day specified by the Commission by notice 6 published in the Gazette the producers' committee 7 ceases to have responsibility for the agricultural 8 produce. 9 10 18. Section 15 amended 11 (1) Delete section 15(1) to (3) and insert: 12 13 (1) The Commission may conduct a poll of producers of 14 the agricultural produce for which a producers' 15 committee has responsibility for the dissolution of the 16 producers' committee. 17 (2) If the poll is in favour of the dissolution of the 18 producers' committee, then on a day specified by the 19 Commission by notice published in the Gazette the 20 affairs of the producers' committee must commence to 21 be wound up by -- 22 (a) the Commission; or 23 (b) a liquidator appointed by the Commission. 24 (3) The day specified under subsection (2) must not be 25 later than 6 months after the taking of the poll. 26 (3A) On the day specified by the Commission under 27 subsection (2), the producers' committee must cease to 28 act. page 18 Agricultural Produce Commission Amendment Bill 2019 s. 19 1 (3B) On and from the day specified by the Commission 2 under subsection (2), the Commission or the liquidator, 3 as is relevant, may for the purposes of winding up the 4 affairs of the producers' committee -- 5 (a) perform the functions of the producers' 6 committee; and 7 (b) do such other acts and things as the 8 Commission, or liquidator, thinks fit. 9 10 (2) Delete section 15(8). 11 Note: The heading to amended section 15 is to read: 12 Dissolution of producers' committee after poll 13 19. Section 15A inserted 14 After section 15 insert: 15 16 15A. Dissolution of producers' committee without poll 17 (1) The Commission may dissolve a producers' committee 18 if the Commission is satisfied that the producers' 19 committee -- 20 (a) is operating in a manner that is materially to the 21 financial detriment of a producer or producers 22 of agricultural produce for which it has 23 responsibility; or 24 (b) is no longer providing any service the 25 producers' committee is authorised to provide. 26 (2) If the Commission resolves to dissolve a producers' 27 committee, then on a day specified by the Commission 28 by notice published in the Gazette, the affairs of the 29 producers' committee must commence to be wound up 30 by -- 31 (a) the Commission; or page 19 Agricultural Produce Commission Amendment Bill 2019 s. 20 1 (b) a liquidator appointed by the Commission. 2 (3) Section 15(3A) to (7) applies, with any necessary 3 modifications, to the dissolution of a producers' 4 committee under this section. 5 6 20. Part 3 Division 6 heading inserted 7 Before section 16 insert: 8 9 Division 6 -- Conducting polls 10 11 21. Section 16 amended 12 Delete section 16(1) and insert: 13 14 (1) For the purposes of conducting a poll under this 15 Act the Commission must -- 16 (a) in the case of a producers' committee that has, 17 or is proposed to have, responsibility for 18 agricultural produce for the whole of the 19 State -- compile a list of producers of the 20 agricultural produce in the whole of the State; 21 and 22 (b) in the case of a producers' committee that has, 23 or is proposed to have, responsibility for 24 agricultural produce only in relation to a 25 particular part of the State -- compile a list of 26 producers of the agricultural produce in that 27 part of the State. 28 page 20 Agricultural Produce Commission Amendment Bill 2019 s. 22 1 22. Sections 16A and 16B inserted 2 After section 16 insert: 3 4 16A. Weighted voting 5 (1) The Commission may in compiling a list of producers 6 of agricultural produce, determine in writing the 7 number of votes each producer is to have in a poll of 8 the producers of the agricultural produce. 9 (2) In determining the number of votes each producer is to 10 have in the poll, the Commission is to ensure that each 11 producer -- 12 (a) has at least 1 vote; and 13 (b) has such number of votes as is proportionate to 14 the percentage of the relevant agricultural 15 produce produced in the State, or the relevant 16 part of the State, that was produced by the 17 producer in the 3 year period preceding the year 18 in which the determination is made. 19 (3) The Commission must not make a determination under 20 subsection (1) unless it is satisfied that -- 21 (a) there is sufficient industry data available to the 22 Commission for it to make the determination; 23 and 24 (b) it is in the best interests of the agricultural 25 industry to do so. 26 (4) As soon as practicable after making a determination 27 under subsection (1), the Commission must give a copy 28 of the determination to each producer of the 29 agricultural produce concerned. 30 (5) In a poll for which a determination has been made 31 under subsection (1), the number of votes a producer 32 has is to be in accordance with the determination. page 21 Agricultural Produce Commission Amendment Bill 2019 s. 23 1 16B. Commission's costs of conducting polls 2 (1) Subject to subsection (2), the Commission is entitled to 3 recover from the funds of a producers' committee the 4 Commission's costs of conducting a poll in relation to 5 the producers' committee. 6 (2) The amount the Commission may recover under 7 subsection (1) -- 8 (a) for a poll under section 10 or 11 -- is the 9 amount by which the costs of the poll exceed 10 the sum deposited with the Commission under 11 section 10(5) for the purposes of establishing 12 the producers' committee; and 13 (b) for a poll under section 11B -- is the amount 14 by which the costs of the poll exceed the sum 15 deposited with the Commission under 16 section 11B(4) for the purposes of the poll. 17 18 23. Section 17 amended 19 Delete section 17(2). 20 24. Part 3 Division 7 heading inserted 21 After section 17 insert: 22 23 Division 7 -- Other matters 24 page 22 Agricultural Produce Commission Amendment Bill 2019 s. 25 1 25. Section 19 amended 2 In section 19(1) delete "a producers' committee has not been 3 established under this Act in relation to that group of producers" 4 and insert: 5 6 there is no producers' committee with responsibility 7 8 26. Part 3A inserted 9 After section 19A insert: 10 11 Part 3A -- Compliance 12 Division 1 -- Authorised officers 13 19B. Authorised officers 14 The Commission may, by instrument in writing, 15 designate any person employed or engaged by the 16 Commission as an authorised officer for the purposes 17 of this Part. 18 Division 2 -- Powers of authorised officers 19 19C. Terms used 20 In this Division -- 21 charge means a charge imposed under this Act; 22 compliance purposes means the following purposes -- 23 (a) monitoring compliance with a requirement 24 under this Act to pay or collect a charge; 25 (b) monitoring compliance with a requirement 26 under this Act to give information, or produce a 27 record, relating to the production, processing, page 23 Agricultural Produce Commission Amendment Bill 2019 s. 26 1 sale or purchase of agricultural produce or the 2 payment or collection of a charge; 3 (c) monitoring compliance with a requirement in a 4 notice under section 13; 5 (d) investigating a suspected contravention of a 6 requirement referred to in paragraph (a), (b) or 7 (c) or an offence under this Act; 8 record includes a receipt, return or other document; 9 relevant person means a person who is or was -- 10 (a) a producer of agricultural produce for which a 11 producers' committee has responsibility; or 12 (b) a person required under this Act to pay or 13 collect a charge; or 14 (c) a person required under this Act to give 15 information, or produce a record, relating to the 16 production, processing, sale or purchase of 17 agricultural produce or the payment or 18 collection of a charge; or 19 (d) a person required to comply with a requirement 20 in a notice under section 13; 21 relevant record means a record that -- 22 (a) is required to be kept or given under this Act; 23 or 24 (b) relates to the production, processing, sale or 25 purchase of agricultural produce in relation to 26 which a charge is payable; or 27 (c) relates to the payment or collection of a charge; 28 or 29 (d) contains any information that is, or may be, 30 relevant for compliance purposes. page 24 Agricultural Produce Commission Amendment Bill 2019 s. 26 1 19D. Obtaining information and relevant records 2 (1) An authorised officer may, for compliance purposes, 3 do 1 or more of the following -- 4 (a) direct a relevant person -- 5 (i) to give any information as is required; 6 or 7 (ii) to answer a question put to the person; 8 (b) direct a relevant person to produce to the 9 authorised officer a relevant record in the 10 person's custody or under the person's control. 11 (2) An authorised officer may examine and make a copy of 12 a record produced in response to a direction under 13 subsection (1)(b), and retain the record for as long as is 14 reasonably necessary. 15 (3) A direction under subsection (1)(a) -- 16 (a) may be given orally or in writing; and 17 (b) must specify the time at, or within which, the 18 information or answer must be given to the 19 authorised officer; and 20 (c) may require that the information or answer -- 21 (i) be given orally or in writing; or 22 (ii) if it is directed to be given in writing, be 23 given by means specified in the 24 direction; or 25 (iii) be verified by statutory declaration. 26 (4) A direction under subsection (1)(b) -- 27 (a) must be in writing given to the person required 28 to produce the record; and 29 (b) must specify the time at, or within which, the 30 record is to be produced; and page 25 Agricultural Produce Commission Amendment Bill 2019 s. 27 1 (c) may require that the record be produced to the 2 authorised officer -- 3 (i) at a place specified in the direction; and 4 (ii) by the means specified in the direction. 5 19E. Failure to comply with directions 6 A person must not without reasonable excuse fail to 7 comply with a direction given to the person under 8 section 19D(1). 9 Penalty: a fine of $1 000. 10 19F. Self-incrimination not an excuse 11 (1) An individual is not excused from complying with a 12 direction under section 19D(1) to provide information 13 or answer questions, or to produce a record, on the 14 ground that the information, answer or record might 15 incriminate the individual or make the individual liable 16 to a penalty. 17 (2) However, any information or answer provided, or 18 record produced, by an individual in compliance with a 19 direction under section 19D(1) is not admissible in 20 evidence in any proceedings against the individual 21 other than proceedings for perjury or an offence against 22 section 19G(2). 23 24 27. Section 19G inserted 25 At the beginning of Part 4 insert: 26 27 19G. False or misleading information 28 (1) In this section -- 29 record has the meaning given in section 19C. page 26 Agricultural Produce Commission Amendment Bill 2019 s. 27 1 (2) A person must not give false or misleading information 2 to -- 3 (a) an authorised officer pursuant to a direction 4 under section 19D(1); or 5 (b) the Commission pursuant to a notice under 6 section 13; or 7 (c) any person pursuant to a requirement under this 8 Act to give information, or produce a record, to 9 that person relating to the production, 10 processing, sale or purchase of agricultural 11 produce or the payment or collection of a 12 charge imposed under this Act. 13 Penalty for this subsection: a fine of $1 000. 14 (3) For the purposes of subsection (2), a person gives false 15 or misleading information if the person does 1 or more 16 of the following -- 17 (a) states anything that the person knows is false or 18 misleading in a material particular; 19 (b) omits from a statement anything without which 20 the statement is, to the person's knowledge, 21 misleading in a material particular; 22 (c) gives or produces any record that -- 23 (i) the person knows is false or misleading 24 in a material particular; or 25 (ii) omits anything without which the record 26 is, to the person's knowledge, 27 misleading in a material particular. 28 page 27 Agricultural Produce Commission Amendment Bill 2019 s. 28 1 28. Section 20A inserted 2 After section 20 insert: 3 4 20A. Giving notices and other documents electronically 5 (1) A notice or other document required or permitted under 6 this Act to be given to a person may be given to the 7 person by emailing it to an email address -- 8 (a) provided by the person; or 9 (b) appearing on recent correspondence addressed 10 by or on behalf of the person to the 11 Commission or a producers' committee; or 12 (c) otherwise notified to the Commission or a 13 producers' committee, or published by the 14 person. 15 (2) This section is in addition to the Interpretation 16 Act 1984 section 76. 17 18 29. Section 24 amended 19 (1) At the beginning of section 24 insert: 20 21 (1) In this section -- 22 officer or employee -- 23 (a) in relation to the Commission -- 24 (i) means a person employed or engaged by 25 the Commission; and 26 (ii) includes an authorised officer; 27 and page 28 Agricultural Produce Commission Amendment Bill 2019 s. 30 1 (b) in relation to a producers' committee -- means 2 a person employed or engaged by a producers' 3 committee. 4 5 (2) In section 24: 6 (a) delete "A person" and insert: 7 8 (2) A person 9 10 (b) delete "him" and insert: 11 12 the person 13 14 Note: The heading to amended section 24 is to read: 15 Protection from liability 16 30. Section 25 amended 17 In section 25(2)(e) delete "organizations; and" and insert: 18 19 organisations; and 20 21 31. Sections 26 and 27 deleted 22 Delete sections 26 and 27. 23
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