1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
5 Delegation by the Minister
5A Delegation by Director-General
Part 2 Constitution of marketing boards
6 Definitions
Division 2 Petition and poll for constitution of board
7 Petition and proclamation for poll to constitute board
Division 3 Constitution of board
8 Proclamation for first election of board
9 Electoral districts
10 Constitution of board and declaration of commodity
11 Constitution of board
12 (Repealed)
13 Change of name of board
14 Board may control one or more commodities
15 Board may employ staff
Division 4 Addition of commodity or area to control of board
16 Operation of Division
17 Petition and proclamation for poll to add product or area to control of board
18 Proclamation of addition of commodity or area
19 Existing producers may also be polled
Division 5 Amalgamation of boards
20 Operation of Division
21 Request for amalgamation by boards
22 Invitation by Minister for representations on amalgamation
23 Proclamation of amalgamation
24 Consequences of amalgamation
25 Interim arrangements as to elected members of amalgamated board
Division 6 Removal of commodity or area from control of board
26 Operation of Division
27 Petition and proclamation for poll for removal of commodity or area from control of board
28 Removal of commodity or area from control of board
29 Other producers may also be polled
Division 7 Winding up and dissolution of board
30 Operation of Division
31 Advertisement by Minister as to time for petition
32 Petition and proclamation for poll to dissolve board
33 Request for dissolution by board
34 Invitation by Minister for representations on dissolution
35 Winding up and dissolution
36 Expiry and effect of petitions
37 Certain persons deemed to be producers for the purposes of petition, poll or election
38 Report to be published in connection with poll
39 Provisions as to polls
40 Provisions as to elections
41 Dismissal of board
42 Board not to be concerned in party politics
43 Appointment of administrator
Part 3 Marketing of commodities: marketing boards
Division 1 General functions of boards
44 Functions relating to the marketing of the commodity
45 Voluntary deliveries of the commodity
46 Board may deal in the commodity
47 Grades and wholesale prices of the commodity
48 Manufacturing and processing of the commodity
49 Board may deal in other products etc
50 Appointment of authorised agents
51 Appointment of authorised buyers
51A Conditions of appointment as authorised buyer
51B General prohibition on sale or supply of commodities outside Australia
52 Board may act as marketing agent
53 Board may act as purchasing agent
54 Miscellaneous functions
55 Miscellaneous provisions
Division 2 Vesting of commodities in boards
56 Vesting of commodity in board
57 Exemption by board
58 Avoidance of contracts for sale of commodity
59 Remedy against board confined to claim for account
Division 3 Delivery of commodities to boards
60 Delivery of commodity
61 Acceptance of commodity
62 Revesting of commodity if not accepted
63 Duty to give notice of encumbrances
Division 4 Payment for vested commodities
64 Payments
65 Schemes for payments
66 Board not liable for payments made in good faith
67 Board protected in certain cases
Division 5 Special provisions relating to certain boards
67A (Repealed)
67B Special provisions relating to Rice Marketing Board
Part 4 Constitution of marketing committees
Division 1 Constitution of committee
68 Constitution of committee and declaration of commodity
69 Constitution of committee
70 Committee may employ staff
71 Change of name of committee
72 Committee may control one or more commodities
Division 2 Winding up and dissolution of committee
73 Winding up and dissolution
73A Committees established under replacement marketing orders
74 Dismissal of committee
75 Appointment of administrator
Part 5 Marketing of commodities: marketing orders
Editorial note
76 Definitions
Division 2 Provisions relating to the making etc of marketing orders
77 Petition for marketing order
78 Report to be published in connection with proposal
79 Public meeting to be held
80 Publication of draft marketing order
81 Proclamation for poll as to making of a marketing order
82 Making of marketing order
83 Marketing order not to be made with respect to certain commodities
84 Provisions relating to marketing orders
85 Duration of marketing orders
86 Petition and proclamation for poll as to continuance of marketing order
87 Amendment etc of marketing orders
88 Invitation by Minister for representations on revocation of marketing order
89 Revocation of marketing order following representations
90 Validity of marketing orders
Division 3 Contents of marketing orders
91 Principal contents of marketing order
92 Exemptions
93 Contents of marketing order relating to composition of committee
94 Matters not to be dealt with in marketing order
Division 4 Removal of commodity or area from control of marketing order
95 Operation of Division
96 Petition and proclamation for poll to remove commodity or area from control of marketing order
97 Removal of commodity or area from control of marketing order
98 Other persons may also be polled
99 Expiry and effect of petitions
100 Certain persons deemed to be producers for the purposes of petition
101 Provisions as to polls
102 Provisions as to elections
Division 6 Special provisions relating to wine grape marketing orders
102A Definitions
102B Making of marketing order
102C Prohibition on making of further marketing orders
102D Application of other provisions to marketing orders made for the purposes of this Division
Division 7 Special provisions relating to dried prunes industry marketing orders
102E Definition of “dried prunes”
102F Contents of marketing order
102G Prohibition on making of further marketing orders
102H Application of other provisions to marketing orders made for the purposes of this Division
103 Financial accounting periods
104, 105 (Repealed)
106 Charges and fees
107 Costs incurred by Department etc on behalf of boards etc
108 Reserves
109 Retention of certain money owing by authorities
110 Financial accommodation
111 Investment of money of authority
112 Futures contracts
113 Loans to members of authorities
113A–122(Repealed)
123 Review of authorities by Director-General
124 Reports by authorities
125, 126 (Repealed)
127 Annual meetings of authorities
128 Management audits
129 Powers of Director-General etc at management audit
130 Reports of management audits
131 Reports to be furnished
131A Annual reports by Director-General
Part 8 Statistics, marketing information and promotion
132 Statistics and marketing information
133 Co-operation in marketing
134 Dissemination of official information
135 Functions of boards etc not affected
136 Appointment of authorised persons
137 Information to be furnished
138 Access to premises and motor vehicles
139 Demanding name and place of abode
140 Offences
Part 10 Winding up, arrangements etc
141 Definitions
142 Crown to be bound
143 Application of Part 5.7 of Corporations Act 2001 of the Commonwealth
144 Power to compromise with creditors
145 Information as to compromise with creditors
146 Regulations and rules
147 Exercise of statutory functions
148 Persons in default
149 Proclamations
150 Approvals of Minister
151 Duties and liability of certain persons
152 Offences by members and officers
153 Secrecy
154 Restrictions on certain dealings
155 Offences and penalty
156 Proceedings for offences
157 Offences by corporations
158 Evidentiary provisions
159 Service of notices
160 Liability
161 (Repealed)
162 Savings, transitional and other provisions
163 Regulations
164 Authorisations for section 51 of Trade Practices Act 1974 (Cth) and Competition Code
165 Review of Act
Schedule 2 Provisions relating to members of authorities
Schedule 3 Provisions relating to procedure of authorities
Schedule 4 Savings, transitional and other provisions
Schedule 6 Special provisions relating to Rice Marketing Board