1Purposes

The purposes of this Act are—

(a)

generally, to provide for the establishment by Ministerial Order of Committees with one or more of the following functions—

(i)

to promote marketing of agricultural commodities;

(ii)

to carry out or fund research into the production, handling, processing, marketing or promotion of agricultural commodities;

S. 1(a)(iii) substituted by No. 76/2000 s. 4(a).

(iii)

to establish and manage a general fund and project funds for the purposes of this Act;

S. 1(a)(iv) repealed by No. 76/2000 s. 4(a).

* * * * *

S. 1(a)(v) amended by No. 51/1995 s. 73(a), repealed by No. 76/2000 s. 4(a).

* * * * *

S. 1(a)(vi) inserted by No. 51/1995 s. 73(b).

(vi)

to implement or fund pest and disease control measures for the protection of agricultural commodities; and

S. 1(a)(vii) inserted by No. 51/1995 s. 73(b).

(vii)

to establish and manage funds to compensate producers for costs incurred in controlling or eradicating pests and diseases of agricultural commodities;

S. 1(b) repealed by No. 76/2000 s. 4(b), new s. 1(b) inserted by No. 42/2002 s. 4.

(b)

to provide for Committees established by or under this Act to perform functions and exercise powers in relation to agricultural commodities grown or produced outside Victoria;

S. 1(c) inserted by No. 42/2002 s. 4.

(c)

to provide for Committees or other persons or bodies established under the corresponding legislation of New South Wales or another State or internal Territory to perform their functions and exercise their powers with respect to agricultural commodities grown or produced in certain areas of Victoria;

S. 1(d) inserted by No. 42/2002 s. 4.

(d)

to provide for the law of Victoria or the State or Territory under which the Committee, person or body is established and certain associated laws of Victoria or that State or Territory to apply outside Victoria or that State or Territory in place of the laws that would otherwise apply.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

In this Act—

S. 3 def. of agricultural industry development legislation inserted by No. 42/2002 s. 5.

agricultural industry development legislation means the agricultural industry development legislation of Victoria or the corresponding agricultural industry development legislation of New South Wales or another State or internal Territory;

S. 3 def. of agricultural industry development legislation of Victoria inserted by No. 42/2002 s. 5.

agricultural industry development legislation of Victoria means this Act and the regulations and Orders made under this Act;

S. 3 def. of associated laws inserted by No. 42/2002 s. 5.

associated laws has the meaning given in section 55;

authorised officer means an authorised officer under this Act;

books includes any register or record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;

S. 3 def. of Chief General Manager repealed by No. 76/2000 s. 5(e).

* * * * *

S. 3 def. of Committee substituted by No. 76/2000 s. 5(a).

Committee means a Committee established by an Order;

commodity means any primary product or any variety, grade or class of primary product;

constituting Order means the Order by which a Committee is constituted;

S. 3 def. of correspond-ing agricultural industry development legislation inserted by No. 42/2002 s. 5.

corresponding agricultural industry development legislation means the provisions of an Act or an Order, regulation or other instrument under an Act of a participating jurisdiction in respect of which a declaration by the Governor in Council under section 19A is in force;

S. 3 def. of Department Head inserted by No. 76/2000 s. 5(d), amended by Nos 56/2003 s. 11(Sch. item 2), 108/2004 s. 117(1) (Sch. 3 item 8.1), 70/2013 s. 4(Sch. 2 item 3), 41/2025 s. 4(Sch. 2 item 2).

Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Energy, Environment and Climate Action;

S. 3 def. of law inserted by No. 42/2002 s. 5.

law includes unwritten law;

S. 3 def. of Negotiating Committee repealed by No. 76/2000 s. 5(e).

* * * * *

S. 3 def. of Order inserted by No. 76/2000 s. 5(d).

Order means an Order under Part 2;

S. 3 def. of participating jurisdiction inserted by No. 42/2002 s. 5.

participating jurisdiction means—

(a)

New South Wales; or

(b)

another State or internal Territory in respect of which a declaration by the Governor in Council under section 19A is in force;

premises includes—

(a)

a building or part of a building; and

(b)

land whether or not appurtenant to a building;

S. 3 def. of processor repealed by No. 76/2000 s. 5(e).

* * * * *

S. 3 def. of producer amended by No. 76/2000 s. 5(b).

producer means—

(a)

a person by whom, or on whose behalf, a commodity is grown or produced; and

(b)

where a commodity is grown or produced by a partnership or under a share-farming agreement, the partnership or the parties to that agreement—

but does not include a person engaged as an employee on wages, a salary or piece work rates;

S. 3 def. of Order amended by No. 51/1992 s. 5(1), repealed by No. 76/2000 s. 5(c).

* * * * *

S. 3 def. of recognised instrument inserted by No. 42/2002 s. 5.

recognised instrument means an Order, regulation or other instrument made under an Act of a participating jurisdiction corresponding with this Act in respect of which a declaration by the Governor in Council under section 19C is in force;'.

relevant commodity means a commodity to which an Order applies;

S. 3 def. of Victorian Electoral Commission inserted by No. 23/2002 s. 187(1).

Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002.

S. 3 def. of wine grapes repealed by No. 76/2000 s. 5(e).

* * * * *

S. 3A inserted by No. 42/2002 s. 6.

3ATerritorial application of this Act

(1)

This Act applies both within and outside Victoria.

(2)

This Act applies outside Victoria to the full extent of the extraterritorial legislative power of the Parliament.

S. 3B inserted by No. 42/2002 s. 6.

3BAct binds the Crown

(1)

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

(2)

Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

Part 2—Orders

Division 1—Making, continuation, amendment and revocation

4Petition for the making of an Order

The producers of a commodity in an area may petition the Minister for the making of an Order to apply to that commodity and that area.

5Department Head's report

S. 5(1) amended by No. 76/2000 s. 6(1).

(1)

If satisfied that a petition represents the views of the majority of the producers of a commodity in an area, the Minister must direct the Department Head to prepare a report.

(2)

The Minister may give such a direction if he or she considers that views as to the making of an Order to apply to a commodity produced in an area should be sought from the producers of that commodity in that area.

S. 5(3) amended by No. 76/2000 s. 6(1).

(3)

As soon as practicable after a direction is given, the Department Head must prepare the report and advertise and distribute it as he or she considers appropriate.

S. 5(4) substituted by No. 76/2000 s. 7(1).

(4)

A report must—

(a)

include a draft of the proposed Order; and

(b)

specify the criteria for determining eligibility to vote in a poll on the question of whether the Order should be made; and

(c)

specify the criteria for determining the number of votes a producer may cast in a poll on the question of whether the Order should be made.

(5)

A person, or a body of persons, who would be affected by a proposed Order may make submissions in response to a report within the period specified in the report.

6Public meeting

S. 6(1) amended by No. 76/2000 s. 6(1).

(1)

The Department Head must arrange for the holding of a meeting of persons who would be affected by a proposed Order.

(2)

The meeting must be held in the area to which the proposed Order, if made, would apply.

7Poll for the making of an Order

(1)

If satisfied, after considering any submissions under section 5 and a report on the meeting under section 6, that a majority of the persons who would be affected by the proposed Order support the making of the Order, the Minister may by notice in the Government Gazette—

(a)

direct that a poll be held of producers on the question of whether the proposed Order should be made; and

(b)

invite submissions on the proposed Order from persons ineligible to vote in the poll.

S. 7(2) amended by No. 76/2000 s. 6(2).

(2)

A notice must include a draft of the proposed Order (which need not be the same as the draft included in the Department Head's report).

(3)

Part 5 applies to a poll under this section.

8Making and commencement of an Order

S. 8(1) amended by No. 76/2000 s. 7(2).

(1)

If a majority of votes cast in a poll are in favour of the making of a proposed Order, after considering any submissions on the proposed Order, the Minister may make an Order in the same, or substantially the same, terms as the proposed Order (as included in the notice under section 7).

(2)

An Order must be published in the Government Gazette, and comes into operation on publication or on such later date as is specified in the Order.

(3)

A copy of an Order must be laid before each House of Parliament on or before the sixth sitting day of that House after publication of the Order in the Government Gazette.

S. 8(4) amended by No. 42/2002 s. 7.

(4)

An Order may be disallowed by resolution of either House of Parliament in accordance with section 23 of the Subordinate Legislation Act 1994 as if the Order were a statutory rule.

(5)

If an Order is disallowed by Parliament, the disallowance has the same effect as a revocation of the Order.

9Term of Orders and continuation

(1)

The term of an Order is the term, not exceeding four years, specified in the Order.

(2)

An Order may, in accordance with this section, be continued in force for successive terms not exceeding four years each.

(3)

At least six months before the end of the term of an Order, the Minister must publish a notice in the Government Gazette specifying—

(a)

the date on which the Order is due to expire; and

(b)

the date by which a petition requesting a poll on the question of continuing the Order must be presented to the Minister.

(4)

If a petition is lodged on or before the relevant date specified in the notice and the Minister is satisfied that it represents the views of a majority of the producers affected by the Order, the Minister may by notice in the Government Gazette—

(a)

direct that a poll be held of producers on the question of whether the Order should be continued; and

(b)

invite submissions on the continuation from persons ineligible to vote in the poll.

(5)

As soon as practicable after a notice of a poll is published, the Minister must cause a report on the continuation to be prepared, containing a copy of the Order, and must advertise and distribute the report as he or she considers appropriate.

(6)

Part 5 applies to a poll under this section.

S. 9(7) amended by No. 76/2000 s. 7(2).

(7)

If a majority of votes cast in a poll are in favour of the continuation of an Order, after considering any submissions on the continuation, the Minister may, by notice in the Government Gazette, continue the Order for the term specified in the notice.

10Amendment and remaking of Orders

(1)

The Minister may, by notice in the Government Gazette, amend an Order—

(a)

in consequence of the dismissal of the Committee constituted by the Order; or

(b)

to effect any minor alterations which the Minister considers necessary.

(2)

An Order amended by notice under subsection (1) has effect as so amended on and from the date of publication of the notice or on and from such later date as is specified in the notice.

(3)

The Minister may make an Order in substitution for an existing Order—

(a)

in consequence of the dismissal of the Committee constituted by the Order; or

(b)

to effect any minor alterations which the Minister considers necessary.

(4)

An Order under subsection (3) must be published in the Government Gazette, and comes into operation on publication or on such later date as is specified in the Order.

(5)

An existing Order is revoked by an Order under subsection (3).

Agricultural Industry Development Act 1990

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