Certain agreements void
58 Certain agreements void
An agreement, whether made in the State or elsewhere, relating to the supply of an agricultural product in the State that purports to exclude any part of the application of this Act in relation to the treatment of an agricultural product with a chemical product is void.
A person who agrees or purports to agree to supply an agricultural product under an agreement that is void under this section commits an offence.
Penalty: a fine of $20 000.
An agreement, whether made in the State or elsewhere, relating to the supply of an agricultural product in the State that contains a provision to the effect that the agricultural product is treated with a chemical product or declared not to be treated with a chemical product is voidable by the purchaser, unless the requirements imposed under —
this Act in relation to the treatment of the agricultural product with a chemical product; and
any system of declarations or returns in operation under this Act in relation to a supply of that kind,
have been observed and are met.
Despite any other law in force in the State, a purchaser under an agreement that is, under this section, void or voidable —
is not prevented from making a claim with respect to damages suffered by the purchaser; and
may recover any money paid under the agreement.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.