(1) A person who is aggrieved by a decision of a committee:(a) as to the inclusion of the person’s name in, or the exclusion of the person’s name from, the committee’s register of constituents, or(b) as to the amount of a rate levied on the person,may appeal to the local land board against the committee’s decision.(2) Such an appeal may not be made more than 28 days after the date on which notice of the committee’s decision is served on the appellant, except by leave of the local land board.(3) The local land board’s decision on the appeal is binding on the committee.
42A Territorial application of this Act
(1) This Act applies both within and outside New South Wales.(2) This Act applies outside New South Wales to the full extent of the extra-territorial legislative power of the Parliament.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Any money due to a committee may be recovered by it as a debt.
45 Service of documents on persons
(1) A document that is required to be served on a person (other than a corporation) may be served on the person:(a) by delivering it to the person, or(b) by posting it to, or by leaving it with some other person who is apparently 16 years old or more and who apparently resides at, the person’s residential address, or(c) by posting it to, or by leaving it with some other person who is apparently 16 years old or more and who apparently is employed at, the person’s business address.(2) A document that is required to be served on a corporation may be served on the corporation by posting it to, or by leaving it with a person who is apparently 16 years old or more and who apparently is employed at, the registered office of the corporation.(3) Nothing in this section limits any other law relating to the manner in which documents may be served on a person.
46 Service of documents on committees
(1) A document may be served on a committee by leaving it at, or by sending it by post to:(a) the office of the committee, or(b) if it has more than one office, any one of its offices.(2) Nothing in this section affects the operation of any other Act or law, or of any rules of court, that authorise a document to be served on a committee in any other manner.
47 Annual reports by Director-General
(1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Director-General must prepare and forward to the Minister a report of the Director-General’s work and activities under this Act.(2) The Minister must cause each such report to be laid before both Houses of Parliament as soon as practicable after receiving the report.(3) A report under this section need not be separately prepared but may form part of the report prepared for the Department under the Annual Reports (Departments) Act 1985.
48 Disclosure and misuse of information
(1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act, or(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or(d) in accordance with a requirement imposed by or under some other Act, or(e) with other lawful excuse.Maximum penalty: 50 penalty units.
(2) A person must not use, either directly or indirectly, information acquired by the person in the administration or execution of this Act, being information that is not generally known but if generally known might reasonably be expected to materially affect the market value or price of any primary product, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner, a relative of the person or any other associate of the person.Maximum penalty: 50 penalty units.
Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.(3) (Repealed)
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
50 Directors and managers liable for offences committed by corporations
(1) If a corporation contravenes a provision of this Act or the regulations, each person who:(a) is a director of the corporation, or(b) is concerned in the management of the corporation,is to be treated as having contravened that provision if the person knowingly authorised or permitted the contravention.(1A) Subsection (1) does not apply in respect of a contravention of section 33 (1) or 48.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under the provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following:(a) the conduct of polls and elections for the purposes of this Act,(b) the manner and form in which applications are to be made under section 4 for the establishment of a committee,(c) the form and content of the register of proposed constituents to be prepared under section 4 for a poll for the establishment of a committee,(d) the form and content of a committee’s register of constituents,(e) the manner and form in which applications are to be made under section 14 for a special meeting of a committee’s constituents.(2) A regulation may create offences with a maximum penalty not exceeding 20 penalty units (in the case of a corporation) and 10 penalty units (in any other case).
52A Savings, transitional and other provisions
Schedule 4 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.