Western Australian Current Acts Western Australian Current Acts[s. 5(6)]
[Heading inserted: No. 19 of 2010 s. 7.]
1 . Term of office of member of Commission
Subject to this
Schedule, a member of the Commission shall be appointed for such period not
exceeding 3 years as is specified in the instrument of appointment of that
member.
2 . Remuneration of member of Commission
A member of the
Commission other than a member who is an officer of the Public Service of the
State or the Commonwealth is entitled to be paid such remuneration and
allowances as the Minister, on the recommendation of the Public Sector
Commissioner, determines.
[Clause 2 amended: No. 20 of 2000 s. 26(1); No. 39
of 2010 s. 89.]
Where an office of
member of the Commission becomes vacant the Minister shall, subject to this
Act, fill the vacancy.
The office of a member
becomes vacant if the member —
(a)
dies; or
(b) is
absent from 4 consecutive meetings of the Commission without the permission of
the Minister; or
(c) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or a person
whose affairs are under insolvency laws; or
(d) is
removed from office by the Minister on the ground that the member is mentally
or physically incapable of performing the duties of a member or for
incompetence, neglect of duty or misconduct proved to the satisfaction of the
Minister.
[Clause 4 amended: No. 18 of 2009 s. 7.]
(1) A member of the
Commission who has a direct or indirect pecuniary interest in a matter being
considered or about to be considered at a meeting of the Commission shall, as
soon as possible after the relevant facts have come to his or her knowledge,
disclose his or her interest at a meeting of the Commission.
(2) A disclosure under
subclause (1) shall be recorded in the minutes of the meeting of the
Commission and the member shall not unless the meeting otherwise determines
—
(a) be
present during any deliberation by the Commission with respect to that matter;
or
(b) take
part in any decision of the Commission with respect to that matter.
(3) For the purpose of
making a determination by the Commission under subclause (2) in relation to a
member who has made a disclosure under subclause (1), a member who has a
direct or indirect interest in the matter to which the disclosure relates
shall not —
(a) be
present during any deliberation of the Commission for the purpose of making
the determination; or
(b) take
part in the making by the Commission of the determination.
(1) The first meeting
of the Commission shall be convened by the chairperson of the Commission and
thereafter, subject to subclause (2), shall be held at such times and places
as the Commission determines.
(2) A special meeting
of the Commission may at any time be convened by the chairperson of the
Commission.
(3) The chairperson of
the Commission shall preside at any meeting of the Commission at which the
chairperson is present and in the absence of the chairperson, the members
present shall elect one of their number to preside.
(4) At any meeting of
the Commission 3 members constitute a quorum.
(5) At any meeting of
the Commission the member presiding at the meeting shall have a deliberative
vote, and in the case of an equality of votes being cast on any question,
shall have a casting vote.
[Clause 6 amended: No. 20 of 2000 s. 26(2).]
7 . Resolution without meeting
A resolution in
writing signed or assented to by letter, or electronic means of communication
by each member of the Commission shall be as valid and effectual as if it had
been passed at a meeting of the Commission.
Except to the extent
that they are prescribed, the Commission shall determine its own procedures.
9 . Validity of acts of Commission
No act, proceeding or
decision of the Commission shall be invalid on the ground of any vacancy in
the office of any member of the Commission or of any defect in the appointment
of any member of the commission.
This is a compilation of the Agricultural Produce Commission Act 1988 and
includes amendments made by other written laws 2 . For provisions that have
come into operation, and for information about any reprints, see the
compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Horticultural Produce Commission Act 1988 3 |
75 of 1988 |
23 Dec 1988 |
s. 1 and 2: 23 Dec 1988; |
|
Horticultural Produce Commission Amendment Act 1993 |
29 of 1993 |
15 Dec 1993 |
15 Dec 1993 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Agricultural Legislation Amendment and Repeal Act 1998 Pt. 6 |
9 of 1998 |
30 Apr 1998 |
4 Jul 1998 (see s. 2 and Gazette 3 Jul 1998 p. 3581) |
|
Horticultural Produce Commission Amendment Act 2000 4 |
20 of 2000 |
30 Jun 2000 |
s. 1 and 2: 30 Jun 2000; |
|
Reprint of the Agricultural Produce Commission Act 1988 as at 5 Apr 2002
| |||
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 5 5 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 2 Div. 1 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 3 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 63 |
24 of 2007 |
12 Oct 2007 |
1 May 2013 (see s. 2(2) and Gazette 5 Feb 2013 p. 823-4) |
|
Reprint 2: The Agricultural Produce Commission Act 1988 as at 1 May 2009
| |||
|
Acts Amendment (Bankruptcy) Act 2009 s. 7 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010 s. 7 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
Reprint 3: The Agricultural Produce Commission Act 1988 as at 14 Jun 2013
| |||
|
Agricultural Produce Commission Amendment Act 2021 |
11 of 2021 |
17 Aug 2021 |
s. 1 and 2: 17 Aug 2021 (see s. 2(a)); |
1 The provision in this Act amending these Acts
was deleted by the Agricultural Produce Commission Amendment Act 2021 s. 31.
2 The amendments in the Courts Legislation
Amendment and Repeal Act 2004 Sch. 2 cl. 3 are not included in this
compilation as that provision was repealed before it came into operation by
the Criminal Law and Evidence Amendment Act 2008 s. 77(13).
3 Now known as the
Agricultural Produce Commission Act 1988 ; short title changed (see note
under s. 1).
4 The Horticultural Produce Commission Amendment
Act 2000 s. 32 and 34 read as follows:
32. Validation
(1) Any appointment
made after the commencement of the Plant Diseases Amendment Act 1993 and
before the commencement 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 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 done.
34. Transitional
(1) On the
commencement of this Act the account known as the Horticultural Produce
Commission Account established under 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 Commission Act 1988 is in existence then on
commencement —
(a) the
committee continues in existence; and
(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 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 name containing
“Producers’” instead of “Growers’”.
5 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
agricultural industry
3(1)
agricultural produce
3(1)
authorised officer 3(1)
charge
19C
Commission 3(1)
compliance purposes 19C
document
6B(4)
information 6B(4)
member
3(1)
officer or employee
24(1)
orchard 12A(5)
parliamentary purposes
6B(4)
pastoral lease
3(1)
prescribed person 13(1A)
producer
19A(1)
producers’ committee
2(1)
record 19C, 19G(1)
relevant person
19C
relevant record
19C
specified area 12A(5)