Agricultural Industry Development (Further Amendment) Act 2002

i Agricultural Industry Development (Further Amendment) Act 2002 Act No. 42/2002 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 3 4. Purposes 3 5. Definitions 4 6. New sections 3A and 3B inserted 5 3A. Territorial application of this Act 5 3B. Act binds the Crown 5 7. Disallowance of Ministerial Orders 5 8. Restriction of powers of authorised officers 5 9. Requirements for Committees 6 10. New Division 3 inserted in Part 2 6 Division 3—Orders enabling extra-Territorial Effect 6 19A. Declaration of participating jurisdictions and corresponding legislation 6 19B. Making of Orders to have extra-territorial operation outside Victoria 7 19C. Declaration of recognised instruments to allow interstate legislation to have extra-territorial effect in Victoria 9 19D. Disallowance of Orders providing for extra-territorial operation 10 11. Authorised officers 11 12. Limited powers of entry 11 13. Powers of authorised officers 11 51A. Search warrants 11 51B. Announcement before entry 13 51C. Details of warrant to be given to occupier 13 14. Transfer of assets and liabilities to bodies in participating jurisdictions on winding up and dissolution 14 -- 1 of 29 -- Section Page ii 15. New Part 4 inserted 14 PART 4—COMMITTEES WITH EXTRA-TERRITORIAL APPLICATION 14 Division 1—Preliminary 14 55. Laws associated with agricultural industry development legislation 14 Division 2—Area Transferred to Control of Victoria with respect to Specified Commodity 16 56. Application of Victorian agricultural industry development legislation and associated laws in area outside Victoria 16 57. Conferral of functions etc. and jurisdiction on Victoria 16 Division 3—Area Transferred to the Control of Participating Jurisdiction with respect to Specified Commodity 17 57A. Application of participating jurisdiction's agricultural industry development legislation and associated laws in Victoria 17 57B. Conferral of functions, powers and jurisdiction on participating jurisdiction 18 57C. Provisions of agricultural industry development legislation of the participating jurisdiction with specific application not to apply 19 16. New section 58A inserted 20 58A. Offences relating to polls 20 17. New section 58B inserted 20 58B. Special provisions for polls relating to extra-territorial committees 20 18. Murray Valley Citrus Marketing Board 22 19. New section 64 inserted 22 64. Poll of Murray Valley citrus producers 22 20. Repeal of Murray Valley Citrus Marketing Act 1989 23 21. New Part 8 inserted 23 PART 8—TRANSITIONALS 23 65. Definitions 23 66. Transitional 24 67. Special powers of new Committee 25 68. Duties of approved receivers 26 ═══════════════ ENDNOTES 27 -- 2 of 29 -- 1 Agricultural Industry Development (Further Amendment) Act 2002 † [Assented to 15 October 2002] The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are to— (a) amend the Agricultural Industry Development Act 1990 to make provision for— (i) committees established under that Act or the corresponding Act of New South Wales or another State or internal Territory to represent the interests of Victoria No. 42 of 2002 -- 3 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 2 producers of agricultural commodities in Victoria and elsewhere; and (ii) the law of Victoria or the State or Territory under which the Committee is established and the associated laws of Victoria or that State or Territory to apply outside Victoria or that State or Territory in place of the law that would otherwise apply; (b) repeal the Murray Valley Citrus Marketing Act 1989. 2. Commencement (1) Section 1, this section and sections 3, 8, 9, 11, 12, 13, 16 and 18 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-sections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act, other than sections 20 and 21, does not come into operation on or before 1 July 2003, it comes into operation on that day. (4) If sections 20 and 21 do not come into operation on or before 1 July 2004, those sections come into operation on that day. s. 2 -- 4 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 3 3. Principal Act In this Act, the Agricultural Industry Development Act 1990 is called the Principal Act. 4. Purposes After section 1(a) of the Principal Act insert— "(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; (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; (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.". s. 3 See: Act No. 48/1990. Reprint No. 2 as at 11 March 1999 and amending Act Nos 76/2000, 11/2001 and 44/2001. Law Today: www.dms. dpc.vic. gov.au -- 5 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 4 5. Definitions In section 3 of the Principal Act, insert the following definitions— ' "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; "agricultural industry development legislation of Victoria" means this Act and the regulations and Orders made under this Act; "associated laws" has the meaning given in section 55; "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; "law" includes unwritten law; "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; "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;'. s. 5 -- 6 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 5 6. New sections 3A and 3B inserted After section 3 of the Principal Act insert— "3A. Territorial 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. 3B. Act 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.". 7. Disallowance of Ministerial Orders In section 8(4) of the Principal Act for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate Legislation Act 1994". 8. Restriction of powers of authorised officers At the end of section 18 of the Principal Act insert— "(2) Without limiting section 19, an Order may provide that an authorised officer may only exercise powers relating to the entry and search of premises that are specified in the Order. s. 6 -- 7 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 6 (3) Despite sub-section (1), if an Order empowering an authorised officer to enter and search premises restricts those powers of search and entry, an authorised officer's powers of search and entry under sub-section (1) and sections 51 and 51A are restricted in accordance with that Order.". 9. Requirements for Committees (1) Section 19(1)(d) of the Principal Act is repealed. (2) In section 42 of the Principal Act— (a) in sub-section (2) for "a general meeting" substitute "an annual general meeting required by sub-section (1)"; (b) in sub-section (3) for "a general" substitute "the annual general"; (c) in sub-section (3) for paragraph (b) substitute— "(b) its latest plan of operations.". 10. New Division 3 inserted in Part 2 After section 19 of the Principal Act insert— "Division 3—Orders enabling extra-Territorial Effect 19A. Declaration of participating jurisdictions and corresponding legislation The Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette, may— (a) declare another State or internal Territory to be a participating jurisdiction for the purposes of this Act; s. 9 -- 8 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 7 (b) declare an Act or an Order, regulation or other instrument of a participating jurisdiction relating to agricultural industry development to be corresponding agricultural industry development legislation for the purposes of this Act. 19B. Making of Orders to have extra-territorial operation outside Victoria (1) The Minister may make an Order under section 8 that provides for this Act and the Order to apply— (a) in Victoria or in a production area in Victoria that is specified in the Order; and (b) in an area of a participating jurisdiction that is specified in the Order; and (c) 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 (d) to and in relation to the producers of the relevant commodity in Victoria and in a participating jurisdiction. (2) This Part and Part 5 apply to the making of an Order referred to in sub-section (1) with the following modifications— (a) a reference to an area includes an area in the participating jurisdiction; and (b) the modifications set out in this section and section 58B. (3) A report under section 5(3) must be forwarded as soon as practicable after it is prepared to the Minister responsible for s. 10 -- 9 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 8 administering the corresponding agricultural industry development legislation in the participating jurisdiction. (4) The Minister must not direct that a poll of producers be held for the making of an Order referred to in sub-section (1) unless the Minister responsible for administering the corresponding agricultural industry development legislation in the participating jurisdiction has agreed to the— (a) submission of the question to the producers of whether the proposed Order should be made; and (b) content of the draft report to be advertised and distributed under section 5(3); and (c) content of the draft Order under section 7(2) to be submitted to producers. (5) The Minister may make an Order under section 8 for the purposes of this section if— (a) 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 (b) 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 s. 10 -- 10 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 9 corresponding agricultural industry legislation. (6) An Order referred to in sub-section (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. (7) An Order referred to in sub-section (1) takes effect from the date a declaration under sub- section (6) is made or from such later date as is specified in the Order. (8) Division 2 of Part 4 applies to and in relation to an Order referred to in sub-section (1) from the date the Order takes effect. 19C. Declaration of recognised instruments to allow interstate legislation to have extra- territorial effect in Victoria (1) The Governor in Council, on the recommendation of the Minister, by Order in Council published in the Government Gazette, may declare an Order or regulation or other instrument made under an Act of a participating jurisdiction corresponding to this Act to be a recognised instrument for the purposes of this Act. (2) The Minister must not make a recommendation for the purposes of sub- section (1) unless the Minister is satisfied that there has been a poll conducted of the producers of the commodity which is proposed to be regulated under the Order, regulation or other instrument and the majority of the votes cast by producers in Victoria who are entitled to vote in the poll are in favour of the proposed Order, regulation or other instrument. s. 10 -- 11 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 10 (3) An Order in Council under sub-section (1) may declare that a recognised instrument of a participating jurisdiction applies— (a) in Victoria or in a production area in Victoria that is specified in the Order; and (b) in the participating jurisdiction or an area of the participating jurisdiction that is specified in the Order; and (c) to and in relation to the relevant commodity specified in the Order in Victoria and in the participating jurisdiction that is specified in the Order; and (d) to and in relation to the growers or producers of the relevant commodity in Victoria and in the participating jurisdiction. (4) Division 3 of Part 4 applies to and in relation to an Order referred to in sub-section (1) from the date the Order comes into operation. 19D. Disallowance of Orders providing for extra- territorial operation (1) An Order in Council made under section 19A or 19C comes into operation on publication in the Government Gazette or on such later date as is specified in the Order. (2) A copy of an Order in Council must be laid before each House of Parliament on or before the 6th sitting day of that House after publication of the Order in the Government Gazette. s. 10 -- 12 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 11 (3) Sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to an Order in Council made under section 19A or 19C as if the Order in Council were a statutory rule within the meaning of that Act.". 11. Authorised officers For section 50(3) of the Principal Act substitute— "(3) An authorised officer must produce his or her certificate of identification for inspection— (a) before exercising a power under this Division; and (b) at any time during the exercise of a power under this Division, if asked to do so.". 12. Limited powers of entry In section 51 of the Principal Act after "search premises" insert "with the consent of the occupier". 13. Powers of authorised officers After section 51 of the Principal Act insert— "51A. Search warrants (1) An authorised officer, with the written approval of the Department Head, and, if authorised to do so under an Order, may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the authorised officer believes on reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act or an Order. (2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the authorised s. 11 -- 13 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 12 officer that there are reasonable grounds to believe that there is any relevant commodity, books, equipment, receptacle or other thing relating to the production or processing of a relevant commodity connected with a contravention of this Act or an Order on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises specified in the warrant, if necessary by force; and (b) to do all or any of the following— (i) search for; (ii) seize; (iii) secure against interference; (iv) examine, inspect and take and keep samples of; (v) inspect and make copies of, or take extracts from— the relevant commodity, books, equipment, receptacle or other thing of a particular kind named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention. (3) A search warrant issued under this section must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and s. 13 -- 14 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 13 (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section. 51B. Announcement before entry (1) On executing a search warrant, the authorised officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) An authorised officer need not comply with sub-section (1) if he or she believes, on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 51C. Details of warrant to be given to occupier (1) If the occupier is present at premises where a search warrant is being executed, the authorised officer must— s. 13 -- 15 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 14 (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present at premises where a search warrant is being executed, the authorised officer must— (a) identify himself or herself to a person at the premises; and (b) give to the person a copy of the warrant.". 14. Transfer of assets and liabilities to bodies in participating jurisdictions on winding up and dissolution In section 54(8)(a) of the Principal Act after "commodity" insert "(including bodies or organisations that represent the interests of producers in a participating jurisdiction)". 15. New Part 4 inserted After section 54 of the Principal Act insert— 'PART 4—COMMITTEES WITH EXTRA- TERRITORIAL APPLICATION Division 1—Preliminary 55. Laws associated with agricultural industry development legislation For the purposes of this Act, "associated laws", in relation to the agricultural industry development legislation of Victoria or a participating jurisdiction, are the provisions of any laws of Victoria or that jurisdiction concerning a matter arising under that legislation relating to the following— s. 14 -- 16 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 15 (a) the jurisdiction of courts and tribunals under that legislation; (b) the procedure before courts and tribunals exercising jurisdiction under that legislation (including with respect to evidence, appeals and review); (c) the judicial review of administrative decisions under that legislation; (d) the jurisdiction of the Ombudsman with respect to the conduct of public officials under that legislation; (e) the access to information held by public officials under that legislation and the correction or amendment of that information; (f) the protection of the privacy of personal information held by bodies established under that legislation; (g) the disclosure of improper conduct by public officials under that legislation and bodies established under that legislation, the investigation of the matters disclosed and the protection of persons who make those disclosures or who may suffer reprisals in relation to those disclosures; (h) the provision of financial statements and annual reports by bodies established under that legislation; (i) the conduct of financial and performance audits of bodies established under that legislation; (j) the interpretation of that legislation. s. 15 -- 17 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 16 Division 2—Area Transferred to Control of Victoria with respect to Specified Commodity 56. Application of Victorian agricultural industry development legislation and associated laws in area outside Victoria This Division has effect for the purposes of the provisions of the corresponding agricultural industry development legislation in the area described in an Order under section 19B and in relation to that area and the agricultural commodity described in the Order that is grown or produced in that area in that participating jurisdiction as if that area were within the territorial limits of Victoria. 57. Conferral of functions etc. and jurisdiction on Victoria (1) 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 Victoria (or the associated laws of Victoria) 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 the area specified in an Order under section 19B and in relation to that area and the agricultural commodity described in the Order that is grown or produced in that area in a participating jurisdiction. (2) The several courts and tribunals of Victoria are invested with jurisdiction in all matters arising under the agricultural industry development legislation of Victoria (or the s. 15 -- 18 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 17 associated laws of Victoria), as applying in the area described in an Order under section 19B and in relation to that area and the agricultural commodity described in the Order that is grown or produced in the production area in the participating jurisdiction. (3) Charges that are required to be paid under the agricultural industry development legislation of Victoria in relation to the agricultural commodity described in an Order under section 19B grown or produced in the area in the participating jurisdiction described in the Order are to be treated as debts due and payable in accordance with the laws of Victoria. Division 3—Area Transferred to the Control of Participating Jurisdiction with respect to Specified Commodity 57A. Application of participating jurisdiction's agricultural industry development legislation and associated laws in Victoria (1) The agricultural industry development legislation of a participating jurisdiction relating to the agricultural commodity described in an Order in Council under section 19C and the associated laws of that jurisdiction, apply in and in relation to the production area described in an Order in Council under section 19C in Victoria and the agricultural commodity described in the Order in Council that is grown or produced in that area as if that area were within the territorial limits of the participating jurisdiction. s. 15 -- 19 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 18 (2) The agricultural industry development legislation of Victoria and the associated laws of Victoria do not apply in or in relation to the production area described in an Order in Council under section 19C in Victoria and the agricultural commodity described in the Order in Council that is grown or produced in that area in Victoria. 57B. Conferral of functions, powers and jurisdiction on participating jurisdiction (1) 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. (2) 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. (3) 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 s. 15 -- 20 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 19 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. 57C. Provisions of agricultural industry development legislation of the participating jurisdiction with specific application not to apply (1) Nothing in this Division renders a provision of the agricultural industry development legislation of the participating jurisdiction applicable in a particular place— (a) in so far as the provision is incapable of applying in or in relation to that place; or (b) if that legislation expressly provides that the provision does not extend or apply in or in relation to that place; or (c) if that legislation expressly provides that the provision applies only in a specified locality that does not include that place. (2) A provision of the agricultural industry development legislation of the participating jurisdiction is not to be taken to be a provision to which sub-section (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.'. s. 15 -- 21 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 20 16. New section 58A inserted After section 58 of the Principal Act insert— "58A. Offences relating to polls A person must not— (a) give false or misleading information to the Victorian Electoral Commission for a poll conducted under this Act in relation to the issue of duplicate ballot papers; or (b) insert false details on a return envelope for a poll conducted under this Act. Penalty: 5 penalty units.". 17. New section 58B inserted After section 58A of the Principal Act insert— "58B. Special provisions for polls relating to extra-territorial committees (1) The Minister may authorise the Victorian Electoral Commission or a person appointed by the Victorian Electoral Commission to conduct a poll of producers— (a) in the area in the participating jurisdiction described in a draft Order referred to in section 19B; and (b) referred to in section 19B(1)(d) in the production area in Victoria. (2) In the case of a poll under section 7 on the question of whether a proposed Order referred to in section 19B should be made, if the corresponding agricultural industry development legislation relating to— s. 16 -- 22 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 21 (a) the method of enrolment of persons eligible to vote; or (b) the preparation of a final roll for the poll; or (c) whether voting in relation to the poll is compulsory; or (d) the method of determining the outcome of the poll in the participating jurisdiction— is inconsistent with agricultural industry development legislation of Victoria, the corresponding agricultural industry development legislation applies to that matter in the conduct of the poll in the production area in the participating jurisdiction. (3) Despite sub-section (2), if a poll has been conducted under section 7 on the question of whether a proposed Order referred to in section 19B should be made under section 8 and a further poll is conducted on that question with respect to the same relevant commodity, production area and eligibility to vote, Parts 2 and 5 apply to the conduct of the poll. (4) If— (a) a poll has been conducted for the purposes of making an Order referred to in section 19B; and s. 17 -- 23 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 22 (b) the Minister is satisfied that the majority of the votes cast by producers in Victoria who are entitled to vote in the poll are in favour of a committee being established under this Act with jurisdiction limited to Victoria— an Order may be made under section 8 in substantially the same terms as the draft Order to apply in Victoria without conducting a poll under section 7.". 18. Murray Valley Citrus Marketing Board In the Murray Valley Citrus Marketing Act 1989— (a) in section 56(a) omit "57 or"; (b) section 57 is repealed. 19. New section 64 inserted After section 63 of the Principal Act insert— "64. Poll of Murray Valley citrus producers (1) Within 6 months after the commencement of section 19 of the Agricultural Industry Development (Further Amendment) Act 2002, the Minister must direct that the Department Head prepare a report under section 5(2) as to the making in accordance with Part 2 of an Order referred to in section 19B (as proposed to be inserted by section 10 of that Act) to establish a committee to carry out functions and exercise powers in accordance with this Act in relation to citrus fruit that has been grown or produced in the Murray Valley production area within the meaning of the Murray Valley Citrus Marketing Act 1989. s. 18 -- 24 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 23 (2) This Act, except sections 4 and 58(3), applies to the conduct of a poll of producers referred to in sub-section (1) and each producer is entitled to one vote in the poll despite anything to the contrary in the Murray Valley Citrus Marketing Act 1989 or the regulations made under that Act. (3) The Minister may make the Order under section 8 in accordance with Part 2 if— (a) the majority of votes cast by producers in the production area in Victoria are in favour of the making of an Order referred to in sub-section (1); and (b) in a poll in which more than half of the eligible voters in the area in New South Wales specified in the Order cast votes, the majority of votes cast are in favour of the establishment of the Committee referred to in the Order.". 20. Repeal of Murray Valley Citrus Marketing Act 1989 The Murray Valley Citrus Marketing Act 1989 is repealed. 21. New Part 8 inserted After section 64 of the Principal Act insert— 'PART 8—TRANSITIONALS 65. Definitions In this Part— "Murray Valley production area" means the total production area within the meaning of the repealed Act; "new Committee " means a Committee established by an Order referred to in section 19B to provide for citrus fruit s. 20 Act No 63/1989. -- 25 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 24 grown or produced in the Murray Valley production area or a Committee established by Order under section 8 to provide for citrus fruit grown or produced in that part of the Murray Valley production area that is in Victoria whichever is first established; "old Board" means the Murray Valley Citrus Marketing Board established under the repealed Act; "repealed Act" means the Murray Valley Citrus Marketing Act 1989; "transitional period" means the period beginning on the commencement of section 21 of the Agricultural Industry Development (Further Amendment) Act 2002 and ending on the day which is 4 years after the commencement of the Order establishing the new Committee. 66. Transitional (1) On the commencement of section 21 of the Agricultural Industry Development (Further Amendment) Act 2002— (a) the old Board is abolished and the new Committee is the successor in law of the old Board; (b) the members of the old Board become the first members of the new Committee and those members remain in office as members of the new Committee for the transitional period. s. 21 -- 26 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 25 (2) Despite the repeal of the Murray Valley Citrus Marketing Act 1989— (a) a person who, immediately before that repeal, was an approved receiver under that Act continues for the transitional period to be an approved receiver for citrus fruit grown or produced in that part of the Murray Valley production area that is in Victoria for the purposes of an Order under Part 2 relating to citrus fruit and for receiving charges payable by producers of citrus fruit referred to in that Order; (b) an approved receiver referred to in paragraph (a) must make payments to the new Committee— (i) of amounts deducted in the transitional period from the proceeds of sale of citrus fruit that was delivered to the approved receiver before that repeal; and (ii) of the charges payable to the new Committee under an Order under Part 2 that have been deducted by the approved receiver in the transitional period; (c) on and from that repeal, unless the context otherwise requires, a reference in any Act or subordinate instrument or any document to the old Board is to be a reference to the new Committee. 67. Special powers of new Committee (1) The new Committee, in writing, may appoint a person who purchases or receives citrus fruit grown or produced in the Murray Valley production area specified in an Order s. 21 -- 27 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 26 under Part 2 or the part of the Murray Valley production area specified in an Order under Part 2 as an approved receiver for the term of the transitional period. (2) The new Committee must cause a list of approved receivers to be published at least once in each year in a newspaper circulating generally in the production area specified in an Order under Part 2. (3) The new Committee must keep a list of approved receivers available for inspection at its office. 68. Duties of approved receivers (1) An approved receiver must pay to the new Committee the charges payable to the new Committee under an Order under Part 2 that have been deducted by the approved receiver from the proceeds of the sale of citrus fruit delivered to the approved receiver in the transitional period. Penalty: 50 penalty units. (2) An approved receiver must comply with any written instructions issued by the new Committee relating to information to be submitted to the new Committee about the amount of citrus fruit received, packed and processed by the approved receiver and the payments made to the new Committee under sub-section (1). Penalty: 50 penalty units. _______________'. ═══════════════ s. 21 -- 28 of 29 -- Act No. 42/2002 Agricultural Industry Development (Further Amendment) Act 2002 27 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 June 2002 Legislative Council: 8 October 2002 The long title for the Bill for this Act was "to amend the Agricultural Industry Development Act 1990 to make provision for committees established under that Act or the corresponding Act of New South Wales or another State or internal Territory to represent the interests of producers of agricultural commodities in Victoria and elsewhere, to repeal the Murray Valley Citrus Marketing Act 1989 and for other purposes." Endnotes -- 29 of 29 --