Agricultural Industry Development Act 1990

The Minister may make an Order under section 8 that provides for this Act and the Order to apply—

in Victoria or in a production area in Victoria that is specified in the Order; and

in an area of a participating jurisdiction that is specified in the Order; and

to and in relation to the relevant commodity specified in the Order that is grown or produced in Victoria and in a participating jurisdiction that is specified in the Order; and

to and in relation to the producers of the relevant commodity in Victoria and in a participating jurisdiction.

This Part and Part 5 apply to the making of an Order referred to in subsection (1) with the following modifications—

a reference to an area includes an area in the participating jurisdiction; and

the modifications set out in this section and section 58B.

A report under section 5(3) must be forwarded as soon as practicable after it is prepared to the Minister responsible for administering the corresponding agricultural industry development legislation in the participating jurisdiction.

The Minister must not direct that a poll of producers be held for the making of an Order referred to in subsection (1) unless the Minister responsible for administering the corresponding agricultural industry development legislation in the participating jurisdiction has agreed to the—

submission of the question to the producers of whether the proposed Order should be made; and

content of the draft report to be advertised and distributed under section 5(3); and

content of the draft Order under section 7(2) to be submitted to producers.

The Minister may make an Order under section 8 for the purposes of this section if—

the majority of votes cast in the poll of producers in the production area in Victoria are in favour of the making of the proposed Order; and

the outcome of the poll of growers or producers in the participating jurisdiction would enable the Minister in the participating jurisdiction to make, or recommend the making of, a declaration or other instrument under the corresponding agricultural industry development legislation to declare the proposed Order to be a recognised instrument for the purposes of the corresponding agricultural industry legislation.

An Order referred to in subsection (1) does not take effect unless the Order is declared to be a recognised instrument by the Governor in Council of the State or Territory in which the Order is to have effect.

An Order referred to in subsection (1) takes effect from the date a declaration under subsection (6) is made or from such later date as is specified in the Order.

Division 2 of Part 4 applies to and in relation to an Order referred to in subsection (1) from the date the Order takes effect.