by Passed both Houses
New South Wales
Agricultural Industry Services
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Agricultural Industry Services Act 1998
No 45 2
4 Consequential amendment of Wine Grapes Marketing
Board (Reconstitution) Act 2003 No 100 2
5 Repeal of Act 2
Schedule 1 Amendment of Agricultural Industry Services Act 1998 3
Schedule 2 Consequential amendment of Wine Grapes Marketing
Board (Reconstitution) Act 2003 7
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finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Agricultural Industry Services
Amendment Bill 2007
Act No , 2007
An Act to amend the Agricultural Industry Services Act 1998 in relation to the
levying and collection of rates, the expenditure of money collected from rates and the
appointment of inspectors in connection with the enforcement of that Act; and for
other purposes.
See also the Rice Marketing Amendment Act 2007 and the Wine Grapes Marketing Board
(Reconstitution) Amendment Act 2007.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
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The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Agricultural Industry Services Amendment Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Agricultural Industry Services Act 1998 No 45
The Agricultural Industry Services Act 1998 is amended as set out in
Schedule 1.
4 Consequential amendment of Wine Grapes Marketing Board
(Reconstitution) Act 2003 No 100
The Wine Grapes Marketing Board (Reconstitution) Act 2003 is
amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
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Amendment of Agricultural Industry Services Act 1998 Schedule 1
Schedule 1 Amendment of Agricultural Industry
Services Act 1998
(Section 3)
[1] Section 3 Definitions
Omit the definitions of Department and Departmental inspector.
Insert in appropriate order:
Department means the Department of Primary Industries.
inspector means an inspector appointed under section 41A for the
purposes of the provision in which the expression occurs.
5-year plan means a plan prepared in accordance with section 15.
[2] Section 15 Strategic plans and reports
Omit section 15 (3). Insert instead:
(3) Each 5-year plan:
(a) must deal with the period of 5 years from the date on which
it is prepared, and
(b) must indicate:
(i) the agricultural industry services the committee
proposes to perform during that period, and
(ii) the estimated cost of performing those services, and
(iii) the rate or rates that will need to be levied in order
to pay for those services, and
(c) may include indicators against which the performance of
the committee may be measured.
[3] Section 23 Resolution to levy rates
Omit section 23 (1). Insert instead:
(1) Within the period of 2 months before the commencement of each
financial year, a committee must make a resolution as to the rates
to be levied on its constituents during that year:
(a) for agricultural industry services to be performed by the
committee during that year, as described in its current
5-year plan, and
(b) for agricultural industry services performed by the
committee during previous financial years, to the extent to
which rates levied in previous financial years have not paid
for those services.
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Schedule 1 Amendment of Agricultural Industry Services Act 1998
[4] Section 24
Omit the section. Insert instead:
24 Levying of rates
(1) A committee levies a rate on a constituent by causing notice of
the rate to be published in a newspaper circulating (at intervals of
not more than one month) within the committee's area of
operations.
(2) The notice must indicate:
(a) the rate and, if appropriate, the circumstances in which the
rate becomes payable, and
(b) the date or dates on which, or the period or periods at the
end of which, the rate falls due, and
(c) the agricultural service industry or services to be funded by
the rate.
(3) The rate falls due in accordance with the terms of the notice,
except that no part of it falls due before the expiry of 14 days after
the notice is published.
(4) A rate levied by the committee on a constituent is not a charge on
land.
(5) A person does not cease to be liable for a rate that a committee
levies on the person while the person is a constituent of the
committee merely because the person subsequently ceases to be
a constituent of the committee.
(6) In the case of a rate that becomes payable when a constituent
delivers a commodity to another person:
(a) the committee may enter into an arrangement with the
other person under which that person becomes a collecting
agent for the committee in relation to such rates, and
(b) where such an arrangement is in place, any amount:
(i) that a constituent pays, on account of any such rate,
to the collecting agent, or
(ii) that the collecting agent debits, on account of any
such rate, from money owed by it to a constituent,
is taken to have been paid to the committee when it was
paid to, or debited by, the collecting agent.
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Amendment of Agricultural Industry Services Act 1998 Schedule 1
[5] Section 29 Payment from funds
Insert at the end of the section:
(2) Subject to sections 30 and 31, money paid to a committee for the
purpose of funding a particular agricultural industry service may
be applied for that purpose only.
[6] Section 33
Omit the section. Insert instead:
33 Inspector may require persons to keep records and provide
information
(1) An inspector, by written notice served on any person, may
require the person to do either or both of the following:
(a) to provide the inspector with such information as is
reasonably necessary to enable the inspector to ascertain:
(i) whether the person, or any other person with whom
the person has dealings, is a primary producer of a
kind for which a committee is or is to be established,
and
(ii) if so, the extent of that or the other person's
activities as a primary producer of that kind,
(b) to keep records of any such information.
(2) A person on whom such a notice is served must not, without
reasonable excuse, fail to provide the information, or keep the
records, required by the notice.
Maximum penalty: 10 penalty units.
[7] Sections 34, 35, 36, 37, 39 and 41
Omit "A Departmental inspector", "a Departmental inspector" and "the
Departmental inspector" wherever occurring.
Insert instead "An inspector", "an inspector" and "the inspector", respectively.
[8] Section 41A
Insert after section 41:
41A Appointment of inspectors
...