Western Australian Current Acts

AGRICULTURAL PRODUCE COMMISSION ACT 1988 - SECT 11

11 .         Establishment of producers’ committee

        (1)         Where the Commission resolves to establish a producers’ committee the Commission shall by notice in the Gazette —

            (a)         specify —

                  (i)         the agricultural produce for which the producers’ committee has responsibility; and

                  (ii)         whether the producers’ committee is established in relation to the whole State or in relation to only a portion of the State and in that case the portion of the State in relation to which it is so established;

                and

            (b)         invite nominations from among the producers concerned for appointment to the producers’ committee.

        (1a)         After receiving the nominations the Commission —

            (a)         shall decide how many members there shall be on the producers’ committee; and

            (b)         if it is of the opinion that a poll of the producers concerned should be held to elect the members, shall conduct a poll.

        (1b)         A person is not eligible to stand at a poll to elect members of the producers’ committee unless the person is qualified to be appointed to the committee in relation to the kind of agricultural produce in question.

        (1c)         Subject to subsection (2), the persons elected at a poll to be members of a producers’ committee shall be appointed by the Commission to be members of the committee.

        (2)         The Commission shall not appoint a person to be a member of a producers’ committee unless the Commission is of the opinion that the person is qualified to be so appointed in relation to the agricultural produce in question.

        (3)         Except to the extent prescribed in this Act or the regulations the Commission may from time to time give directions with respect to the constitution, membership, terms and proceedings of a producers’ committee and incidental and related matters.

        (4)         Any directions given under subsection (3) shall be published in the Gazette .

        (5)         Sections 43 and 44 of the Interpretation Act 1984 apply to directions given under this section as though the directions were subsidiary legislation.

        [Section 11 amended: No. 20 of 2000 s. 14, 28, 30 and 31; No. 11 of 2021 s. 10.]

        [Heading inserted: No. 11 of 2021 s. 11.]