Agricultural Industry Services Act 1998 (NSW)

Agricultural Industry Services Act 1998 No 45

An Act with respect to the constitution and functions of agricultural industry services committees; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Agricultural Industry Services Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act— agricultural industry service means any service that comprises the provision, funding or facilitation of— (a) the conduct of research into, the development of techniques for or the provision of information or advice on— (i) the growing, raising, producing, packaging, processing or marketing of primary products, or (ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or (b) the establishment or management of schemes for— (i) the maintenance of quality control in the growing, raising, producing, packaging, processing or marketing of primary products, or (ii) the prevention, eradication or control of diseases or pest infestations that affect primary products, or (iii) the compensation of primary producers for losses incurred by them as a result of the damage or destruction of primary products, or (iv) the protection or management of the natural environment by primary producers, or (v) the purchase by, or the supply to, primary producers of goods and services for use in connection with their activities as primary producers, or (c) such other activities as are declared by the regulations to be agricultural industry services for the purposes of this Act. annual report means a report prepared by the Secretary on the Secretary's work and activities under this Act, as referred to in section 47. area of operations means— (a) in relation to a proposed committee, the area described in the application for the establishment of the committee referred to in section 4 (2) (a), and (b) in relation to an established committee, the committee's area of operations, as set out in the committee's foundation regulation. committee means an agricultural industry services committee constituted by this Act. commodity, in relation to a committee, means a primary product (or a variety, grade or class of primary product) that is specified by the committee's foundation regulation to be a commodity for that committee. Competition Principles Agreement means the agreement of that name between the Commonwealth, the States and the Territories that was entered into, for and on behalf of New South Wales, on 11 April 1995. constituent of a committee means a person whose name is included in the committee's register of constituents. Department means Regional NSW. exercise a function includes perform a duty. foundation regulation, in relation to a committee, means a regulation made for the purposes of section 4 or 5, being the regulation by which the committee is established. function includes a power, authority or duty. grower means a person— (a) who grows, raises or produces a primary product on his, her or its own behalf, or (b) on whose behalf a primary product is grown, raised or produced, or (c) who is a party to a share-farming or partnership agreement under which a primary product is grown, raised or produced. inspector means a person appointed by the Secretary under section 41A. occasional report, in relation to a committee, means a report prepared by the Secretary in relation to the committee's work and activities, as referred to in section 16 (1) (e). packer means a person— (a) who packages primary products on his, her or its own behalf, or (b) on whose behalf primary products are packaged. primary producer means a grower, packer, processor or trader. primary product means any produce of agriculture, horticulture, viticulture, grazing, pig-keeping, poultry farming or bee-keeping, or of any similar activity prescribed by the regulations, and includes anything prepared directly from any such produce. processor means a person— (a) who processes primary products on his, her or its own behalf, or (b) on whose behalf primary products are processed, but does not include a person who manufactures products of which one or more primary products are merely ingredients. register of constituents means a register referred to in section 8. Secretary means the Secretary of the Department. trader means a person— (a) who sells primary products on his, her or its own behalf, or (b) on whose behalf primary products are sold, but does not include a person who sells primary products by retail only. 5-year plan means a plan prepared in accordance with section 15.