Conferral of functions, powers and jurisdiction on participating jurisdiction
57B Conferral of functions, powers and jurisdiction on participating jurisdiction
All persons who have functions, powers, duties or authorities conferred or imposed on them for the purposes of or in connection with the agricultural industry development legislation of the participating jurisdiction (or the associated laws of the participating jurisdiction) have and may perform or exercise those functions, powers, duties or authorities for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the production area in Victoria by virtue of this Division.
The several courts and tribunals of the participating jurisdiction are invested with jurisdiction in all matters arising under the agricultural industry development legislation of the participating jurisdiction (or the associated laws of the participating jurisdiction), as applying in and in relation to the production area in Victoria by virtue of this Division.
Rates, interest on unpaid rates and other amounts that are required to be paid under the agricultural industry development legislation of the participating jurisdiction in relation to the agricultural commodity described in an Order in Council under section 19C grown or produced in the production area in Victoria described in the Order in Council are to be treated as debts due and payable in accordance with the laws of the participating jurisdiction.
New s. 57C inserted by No. 42/2002 s. 15.
57C Provisions of agricultural industry development legislation of the participating jurisdiction with specific application not to apply
Nothing in this Division renders a provision of the agricultural industry development legislation of the participating jurisdiction applicable in a particular place—
in so far as the provision is incapable of applying in or in relation to that place; or
if that legislation expressly provides that the provision does not extend or apply in or in relation to that place; or
if that legislation expressly provides that the provision applies only in a specified locality that does not include that place.
A provision of the agricultural industry development legislation of the participating jurisdiction is not to be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters or things within a particular part (however described) of the area described in an Order in Council under section 19C in the participating jurisdiction.
Pt 4A (Heading and ss 57A–57D) inserted by No. 51/1992 s. 4, repealed by No. 48/1990 s. 57D(1).[2]
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