Agriculture Commissioner Act 2024

This Act is the Agriculture Commissioner Act 2024.

This Act commences on the date of assent to this Act.

In this Act—

agricultural matters means matters relating to agriculture, agricultural productivity, land use conflicts, food security and agroecology.

Agriculture Commissioner or Commissioner means the person appointed as the Agriculture Commissioner by the Governor under section 4(2).

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

There must be an Agriculture Commissioner.

The Commissioner is appointed by the Governor on the recommendation of the Minister.

The Commissioner is an officer of the Crown.

Schedule 1 contains provisions relating to the Commissioner.

The Commissioner has the following functions—

to give advice about, and undertake reviews of, agricultural matters,

to make recommendations about agricultural matters to the Minister and other relevant Ministers,

to monitor developments relating to agricultural matters,

to identify opportunities to improve agricultural matters,

to promote a coordinated and collaborative approach across the Commonwealth Government, the NSW Government and local government in relation to agricultural matters,

other functions conferred on the Commissioner by or under this Act or another Act.

The Commissioner must, from time to time, in consultation with relevant NSW Government agencies, prepare and publish maps of New South Wales in relation to agricultural matters to assist in the exercise of the Commissioner’s functions.

To assist in the exercise of the Commissioner’s functions, the Commissioner may—

engage experts and stakeholders, and

enter into contracts or other arrangements.

The Commissioner is subject to the control and direction of the Minister in the exercise of the Commissioner’s functions, other than in relation to the content of the Commissioner’s advice, reviews, reports or recommendations.

The Commissioner must act in an independent and impartial way in relation to the content of the Commissioner’s advice, reviews, reports or recommendations.

As soon as practicable after undertaking a review, as referred to in section 5(1)(a), the Commissioner must prepare a report about the review.

The report must be published on the Commissioner’s website.

Before publishing a report under subsection (2), the Commissioner must—

give a copy of the report to—

the Minister, and

other relevant Ministers, and

allow the Minister, and other Ministers to whom the report is given, reasonable time to consider the report.

In this section—

Commissioner’s website means a NSW Government website used by the Commissioner to provide public access to matters relating to the Commissioner’s functions.

This section applies if the Commissioner makes a recommendation to the Minister or another Minister under section 5(1)(b).

The Minister to whom the recommendation is made must—

respond to the recommendation within 6 months after the recommendation is made, and

make the response publicly available.

The Commissioner may, by notice given to a relevant executive, require the relevant executive to give specified information to the Commissioner.

A notice may only require information to be given to the Commissioner if the information is reasonably required for the exercise of the Commissioner’s functions.

A notice must specify—

the way in which the information must be given, and

a reasonable time within which the information must be given.

A notice may require information to be given to the Commissioner that includes personal information, within the meaning of the Privacy and Personal Information Protection Act 1998.

Note—

Under the Privacy and Personal Information Protection Act 1998, section 25, a public sector agency is not required to comply with particular provisions of that Act if non-compliance is otherwise permitted, or is necessarily implied or reasonably contemplated, under another Act.

A notice may only require a relevant executive to give existing information that is—

in the possession of the relevant Public Service agency or relevant State owned corporation, or

within the power of the relevant Public Service agency or relevant State owned corporation to obtain lawfully.

The Commissioner may take copies of information given to the Commissioner under this section.

A relevant executive given a notice under this section must comply with the notice unless the relevant executive has a reasonable excuse.

In this section—

information includes a document.

relevant executive means—

for a relevant Public Service agency—the head of the agency, or

for a relevant State owned corporation—the chief executive officer or a director of the State owned corporation.

relevant Public Service agency means a Public Service agency, within the meaning of the Government Sector Employment Act 2013, that has functions relating to, or is otherwise involved in, agricultural matters.

relevant State owned corporation means a State owned corporation that has functions relating to, or is otherwise involved in, agricultural matters.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commissioner to exercise the Commissioner’s functions.

Note—

The Government Sector Employment Act 2013, section 59 provides that persons employed in the Public Service to enable the Commissioner to exercise the Commissioner’s functions, or whose services the Commissioner makes use of, may be referred to as officers or employees, or members of staff, of the Commissioner. The Constitution Act 1902, section 47A precludes the Commissioner from employing staff.

The office of the Commissioner is a public sector agency for the purposes of the Privacy and Personal Information Protection Act 1998.

A protected person is not personally subject to civil liability for anything done or omitted to be done—

in good faith, and

for the purposes of exercising functions under this Act.

The liability attaches instead to the Crown.

In this section—

civil liability includes an action, claim or demand.

protected person means the following—

the Commissioner,

a member of the staff of the Commissioner,

a person acting under the direction of the Commissioner.

The Minister must review the operation of this Act to determine whether—

the policy objectives of the Act remain valid, and

the terms of the Act remain appropriate for securing the policy objectives.

A review must be undertaken—

as soon as practicable after the period of 5 years from the commencement of this Act, and

every 5 years after the first review.

A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period to which the review relates.