South Australian Repealed Acts

This legislation has been repealed.

CITRUS INDUSTRY ACT 1991 - SECT 37

37—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         regulate the handling, treatment, grading, packing, labelling, storage, transportation or offering or displaying for sale of citrus fruit or citrus fruit products;

            (b)         prescribe the manner in which the register is to be kept, including the information that is to be included in the register;

            (c)         prohibit, regulate or restrict the use of particular brands in the marketing of citrus fruit or citrus fruit products;

            (d)         require registered persons to keep prescribed records and accounts in relation to all citrus fruit or citrus fruit products in their possession from time to time, and prescribe—

                  (i)         the methods of keeping such records and accounts; and

                  (ii)         the form in which they are to be kept;

            (e)         prescribe the measures to be taken by a registered person (or a person who has citrus fruit for sale) to prevent deterioration, decay, contamination or infection of the citrus fruit in that person's charge or custody;

            (f)         prescribe the conditions to be fulfilled in respect of citrus fruit or citrus fruit products intended for export from the State and prohibit the export of fruit unless those conditions are fulfilled;

            (g)         require persons by whom or on behalf of whom citrus fruit is transported within the State to keep prescribed records in relation to the fruit;

            (h)         prescribe the terms and conditions under which citrus fruit may be bought by the Board;

                  (i)         provide for the payment, collection or recovery of contributions (or interest on overdue amounts) payable by registered persons to the Board pursuant to this Act;

            (j)         prescribe and provide for the payment and recovery of fees (or interest on overdue amounts) and provide for the waiver or refund of fees (or interest) in specified circumstances;

            (k)         prescribe forms;

            (l)         prescribe penalties not exceeding a division 8 fine for breach of, or failure to comply with, a regulation.

        (3)         A fee prescribed for registration or renewal of registration may, on the recommendation of the Board, contain a fixed component and a differential component that varies according to factors determined by the Board.

        (4)         Before making a recommendation for the purposes of subsection (3), the Board must consult, in such manner and to such extent as it thinks fit, with the persons who will be liable to pay the fees concerned.

        (5)         The regulations may, by reference, adopt, wholly or partially and with or without modification—

            (a)         a code relating to matters in respect of which regulations may be made under this section; or

            (b)         an amendment to such a code.

        (6)         A regulation adopting a code or an amendment to a code may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.

        (7)         The regulations or a code adopted by the regulations—

            (a)         may refer to or incorporate, wholly or partially and with or without modification, a standard, code or other document prepared or published by a prescribed body either as in force at the time the regulations are made or as in force from time to time; and

            (b)         may be of general or limited application; and

            (c)         may make different provision according to the persons, things or circumstances to which they apply.

        (8)         Where—

            (a)         a code is adopted by the regulations; or

            (b)         the regulations, or a code adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,

then—

            (c)         a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

            (d)         in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and

            (e)         the code, standard or other document has effect as if it were a regulation made under this Act.