Agricultural Produce Commission Act 1988 (WA)

Western Australia Agricultural Produce Commission Act 1988 Western Australia Agricultural Produce Commission Act 1988 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Agricultural Produce Commission 4. Agricultural Produce Commission established 4 5. Constitution of Commission 4 6. Functions of Commission 5 6A. Directions by Minister 6 6B. Minister to have access to information 7 7. Funds of Commission 8 8. Application of funds 8 9. Commission may employ or engage persons 9 Part 3 — Producers' committees Division 1 — Establishing producers' committees 10. Preliminary requirements for establishment of producers' committees 10 11. Establishment of producers' committee 12 Division 2 — Allocating responsibility for produce to an existing producers' committee 11A. Preliminary requirements for allocating responsibility for agricultural produce to existing producers' committee 14 11B. Polls to allocate responsibility for produce to existing producers' committee 15 11C. Allocating responsibility for agricultural produce to existing producers' committee 16 11D. Notice of allocation of responsibility for agricultural produce to existing producers' committee and appointing additional members 17 Division 3 — Appointment of non‑producers to producers' committees 11E. Appointment of non‑producers to producers' committees 18 Division 4 — Functions of producers' committees 12. Functions of producers' committee 19 12A. Power to enter orchards to administer fruit fly control scheme 21 13. Power to require statistical information 22 14. Imposition of charges for services 22 Division 5 — Removing responsibility for agricultural produce from or dissolving producers' committees 14A. Removing responsibility for agricultural produce from producers' committee after poll 23 14B. Removing responsibility for agricultural produce from producers' committee without poll 24 15. Dissolution of producers' committee after poll 24 15A. Dissolution of producers' committee without poll 25 Division 6 — Conducting polls 16. List of producers 26 16A. Weighted voting 27 16B. Commission's costs of conducting polls 27 17. Conduct of polls 28 Division 7 — Other matters 18. Accounts 28 19. Voluntary associations of producers 29 19A. Application to commercial and non‑commercial producers of provisions relating to control of certain pests or diseases 30 Part 3A — Compliance Division 1 — Authorised officers 19B. Authorised officers 31 Division 2 — Powers of authorised officers 19C. Terms used 31 19D. Obtaining information and relevant records 32 19E. Failure to comply with directions 33 19F. Self‑incrimination not an excuse 34 Part 4 — Miscellaneous 19G. False or misleading information 35 20. Financial provisions 36 20A. Giving notices and other documents electronically 36 21. Authentication 36 22. Recovery of charges 37 23. Evidentiary 37 24. Protection from liability 38 25. Regulations 39 Schedule — The Commission and its proceedings 1. Term of office of member of Commission 41 2. Remuneration of member of Commission 41 3. Casual vacancies 41 4. Vacation of office 41 5. Disclosure 42 6. Meetings 42 7. Resolution without meeting 43 8. Procedures of Commission 43 9. Validity of acts of Commission 43 Notes Compilation table 44 Other notes 45 Defined terms Western Australia Agricultural Produce Commission Act 1988 An Act to — • provide for the constitution of an Agricultural Produce Commission for the purposes of encouraging initiative among producers of agricultural produce to form producers' committees for the purposes of providing services to producers of agricultural produce; and • define the functions of the Commission and producers' committees; and • authorise the determination and imposition of charges for services; and • amend the Parliamentary Commissioner Act 1971 and the Constitution Acts Amendment Act 1899 1, and for related purposes. [Long title inserted: No. 20 of 2000 s. 4.]