Western Australian Current Acts Western Australian Current Acts (1) A producer or
producers of agricultural produce, or a body representing the interests of
such producers, may request the Commission to conduct a poll for the purpose
of establishing a producers’ committee with responsibility for the
agricultural produce for the whole State or a part of the State.
(1A) A request made
under subsection (1) must —
(a) be
made in writing; and
(b)
specify the agricultural produce for which the producers’ committee is
proposed to have responsibility; and
(c)
specify the objects sought to be effected by establishing the producers’
committee; and
(d) if
the producers’ committee is proposed to be established only in relation
to a particular part of the State, specify the part of the State in relation
to which it is proposed to be established.
(1B) The Commission
must publish notice of a proposal to establish the producers’ committee.
(2) A notice referred
to in subsection (1B) —
(a) must
be published in the manner directed by the Minister; and
(aa)
must specify the name or names of the producer or producers, or body, that
made the request; and
(b) must
explain in simple terms the objects sought to be effected by the proposal; and
(c) must
specify the agricultural produce for which the producers’ committee is
proposed to have responsibility; and
[(d) deleted]
(e)
where the producers’ committee is to be established only in relation to
a particular part of the State, must specify the part of the State in relation
to which the producers’ committee is proposed to be established; and
(f) must
invite submissions from producers who may be affected by the proposal.
(2a) In performing its
functions under this Division, the Commission must have regard to any
submissions made to it under subsection (2)(f).
(3) If the Commission
is satisfied that, having regard to the interests of the agricultural industry
in question, the formation of the proposed producers’ committee would be
materially to the financial detriment of a producer or producers who may be
affected by the proposal the Commission must not proceed to conduct the poll
in accordance with the provisions of this section but if the Commission is not
so satisfied the Commission must, subject to subsection (5), conduct the poll.
(4) For the purposes
of subsection (3), the Commission may invite any producer who in its opinion
has an interest in the proposal to attend meetings of the Commission.
(5) The Commission
must not conduct a poll for the establishment of a producers’ committee
unless the producer or producers, or body, that requested the poll deposits
with the Commission such sum as is determined by the Commission as the
reasonable costs of the poll and the estimated initial costs of the
establishment of the producers’ committee.
(6) If the Commission
resolves to establish the producers’ committee, any money paid to the
Commission under subsection (5) must be repaid by the producers’
committee out of the funds of the producers’ committee to the producer
or producers, or body, that made the deposit under that subsection.
(7) The Commission
must not establish a producers’ committee with responsibility for
agricultural produce unless —
(a) the
Commission has —
(i)
complied with subsections (1B) and (2); and
(ii)
conducted a poll among the producers of the agricultural
produce in the whole of the State, or a part of the State, as is relevant to
the proposal to establish the producers’ committee;
and
(b) the
poll is in favour of the proposal.
(8) Even if the
Commission has complied with subsections (1B) to (5) and (7) and a poll of
producers vote in favour of the proposal, the Commission may refuse to
establish, or defer the establishment of, the producers’ committee if
the Commission considers that, having regard to the circumstances of the case,
it is not desirable or practicable to do so.
[(9) deleted]
[Section 10 amended: No. 29 of 1993 s. 6; No. 20
of 2000 s. 13, 28, 29, 30 and 31; No. 11 of 2021 s. 9.]