Forestry (Fair Contract Codes) Act 2001

Forestry (Fair Contract Codes) Act 2001

This Act may be cited as the Forestry (Fair Contract Codes) Act 2001.

This Act commences on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears –

Code means a Forestry Contract Code;

forestry contract means a contract that provides for one party to the contract to carry out, otherwise than as an employee, a forestry operation for another party to the contract or another person;

forestry operation means any of the following:planting trees for commercial timber production; managing trees that have been planted for commercial timber production; harvesting trees for commercial timber production; transporting timber that has been harvested for commercial purposes; land clearing associated with a forestry operation specified elsewhere in this definition; road construction and quarrying associated with a forestry operation specified elsewhere in this definition;

incorporate includes apply and adopt;

interested party, in relation to a Code, means – a person that has a history of entering into forestry contracts of the kind to which the Code applies or is presently a party to a forestry contract of that kind; or a person that the Minister knows, whether from direct advice or publicly available information, is proposing to enter into a forestry contract of that kind.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The Minister may, in writing, approve – Forestry Contract Codes that are developed and submitted to the Minister by interested parties or their representatives; and variations of such Codes.

Separate Codes may be approved for different kinds of forestry contracts.

Without limiting the generality of subsection (2), a Code may be developed and approved for forestry contracts that relate, or principally relate, to – a particular kind of forestry operation; or a particular sector of the forestry industry; or a particular place.

The purpose of a Code is to prescribe a set of standard conditions that will be taken, under section 13, to be contained in every forestry contract of the kind to which the Code applies, being conditions designed to ensure that such contracts are fair to all of the contracting parties.

Before approving a Code or a variation of a Code, the Minister must be satisfied that – all interested parties that wished to do so were given adequate time and a reasonable opportunity, whether directly or through their representatives, to contribute to the development of the Code or variation; and the contributions of each of those interested parties were properly considered; and the Code or variation, as submitted, has the endorsement of all of the interested parties that contributed to its development, or a majority of them; and there is no justification for withholding the approval; and the conditions prescribed in the Code or variation are legally appropriate and effective for the Code, and consistent with its purpose.

Before approving a Code or a variation of a Code, the Minister may require, or request, the parties submitting the Code or variation to do any one or more of the following:consult with specified persons, or seek specified advice, about the Code or variation or specified parts of the Code or variation; make specified revisions to the form or content of the Code or variation; furnish the Minister with specified information or evidence.

The Minister may – consult with any person regarding the approval of a Code or a variation of a Code; and provide assistance to any person for the purposes of developing a Code or a variation of a Code.

A Code must – clearly identify, by its title and provisions, the kind of forestry contracts that it applies to; and clearly identify the set of standard conditions that it is prescribing in relation to those contracts.

A Code may be in such form as the Minister approves.

A Code may provide for any matter by incorporating, either specifically or by reference and either wholly or in part, any code, standard, guideline, rule or specification relevant to forestry operations carried out under forestry contracts of the kind to which the Code applies, whether as in force at a particular time or as amended and in force from time to time, and with or without modification.

If the Minister is satisfied that there is a need for a particular Code, or a variation of a Code, the Minister may invite interested parties, or a representative group of interested parties, to develop the required Code or variation and submit it for the Minister's approval under section 5.

If the required Code or variation is not submitted to the Minister within 9 months of the invitation, the Minister in his or her absolute discretion may – develop the Code or variation with or without further reference to any interested parties; and notwithstanding section 6, approve the Code or variation as so developed.

The Minister may revoke a Code if satisfied that it –

is being immediately replaced by another Code for the same, or substantially the same, kinds of forestry contracts; or no longer has any application.

The Minister must, before approving a Code or a variation of a Code, or before revoking a Code, give at least 30 days' notice of his or her intention to do so in the Gazette and in 3 daily newspapers published and circulated generally in Tasmania.

A Code, or a variation of a Code, is not capable of coming into force unless it has been approved by both Houses of Parliament.

A Code or variation of a Code is approved by a House of Parliament – when the House passes a motion approving the Code or variation; or at the end of 5 sitting days after the Code or variation is laid before the House, if no notice of a motion to disapprove the Code or variation is before the House; or if such a notice is before the House at the end of that period, when the first of the following things occurs:the notice is withdrawn; the motion is negatived; a further period of 5 sitting days ends.