Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Competition and Consumer Act 2010
Compilation No. 2
Compilation date: 22 February 2025
Includes amendments: F2025L00173
About this compilation
This compilation
This is a compilation of the Competition and Consumer (Industry Codes--Horticulture) Regulations 2017 that shows the text of the law as amended and in force on 22 February 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
5 Code of conduct
Schedule 1--Horticulture Code of Conduct
Part 1--Introduction
Division 1--Preliminary
1 Name
2 Purpose of code
3 Application
4 Compensation for acquisition of property
Division 2--Definitions
5 Definitions
6 Meaning of bad debt
7 Meaning of horticulture produce
Division 3--Obligation to deal in good faith
8 Obligation to deal in good faith
9 Agreement must not limit or exclude obligation to deal in good faith
Part 2--Trader's terms of trade
10 Trader must prepare and publish terms of trade
11 Contents of terms of trade
Part 3--Horticulture produce agreements
12 Requirement to have a horticulture produce agreement
13 Terms of trade on which trader must trade
14 Trader cannot be both an agent and merchant under the one agreement
15 Requirements of horticulture produce agreements
16 Matters to be specified in horticulture produce agreements
17 Additional matters to be specified by agents
18 Additional matters to be specified by merchants
19 Conflict between code and horticulture produce agreements
20 Cooling-off period
Part 4--Conduct generally
Division 1--Traders
21 Application
22 Acceptance by trader of deliveries
23 Pooling of horticulture produce
24 Trader must exercise reasonable care and skill
Division 2--Agents and growers
25 Application
26 Payment of proceeds of sale
27 Duties of agent
28 Agent's obligation to pursue bad debts
29 Agent must report to grower
30 Ownership of horticulture produce does not pass to agent
Division 3--Merchants and growers
31 Application
32 Price for horticulture produce
33 Fees etc. for services
34 Ownership of horticulture produce
35 Time for payment
36 Merchant must report to grower
Part 5--Resolving disputes
Division 1--General
37 Dispute resolution procedure
38 When dispute resolution procedure may be used
Division 2--Mediators
39 List of mediators
Division 3--Procedure
40 Procedure for dispute resolution
Division 4--Mediation
41 Appointment of a mediator by Ombudsman
42 Mediator to give notice of mediation
43 Mediator to give notice of successful mediation
44 Termination of mediation
45 Costs of mediation
46 Contractual rights unaffected by Part
Part 6--Horticulture produce assessors
47 List of horticulture produce assessors
48 Role of the horticulture produce assessors
49 Appointment of horticulture produce assessors
50 Assistance to horticulture produce assessors
51 Horticulture produce assessor's report
52 Costs of horticulture produce assessors
Part 7--Records
53 Record-keeping requirements
54 Requirement to record names of parties dealt with
55 Inspection of records
56 Provision of information for debt recovery
Part 8--Transitional, savings and application provisions
Division 1--Repeal of old regulations
57 Definitions
58 Things done under old regulations
59 Application--trader's terms of trade
60 Application--horticulture produce agreements
61 Savings--appointment of mediation adviser
62 Savings--appointment of mediator
63 Savings--appointment of horticulture produce assessors
Division 2--Amendments made by the Competition and Consumer Legislation Amendment (Horticulture and Oil Industry Codes) Regulations 2025
64 Definitions
65 Saving--pending dispute resolution procedures
66 Saving--investigations by horticulture produce assessors
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
Competition and Consumer (Industry Codes--Horticulture) Regulations 2017 | 24 Mar 2017 (F2017L00302) | 1 Apr 2017 (s 2(1) item 1) |
|
Primary Industries Legislation (Repeals and Consequential Amendments) Regulations 2024 | 16 Oct 2024 (F2024L01314) | Sch 2 (item 6): 1 Jan 2025 (s 2(1) item 1) | -- |
Competition and Consumer Legislation Amendment (Horticulture and Oil Industry Codes) Regulations 2025 | 21 Feb 2025 (F2025L00173) | Sch 1 (items 1-20): 22 Feb 2025 (s 2(1) item 1) | -- |
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
Schedule 1 |
|
Part 1 |
|
Division 2 |
|
s 5..................... | am F2025L00173 |
Part 5 |
|
Division 2 |
|
Division 2 heading.......... | am F2025L00173 |
s 39.................... | am F2024L01314 |
| rs F2025L00173 |
Division 3 |
|
s 40.................... | am F2025L00173 |
Division 4 |
|
s 41.................... | am F2025L00173 |
s 42.................... | am F2025L00173 |
s 43.................... | am F2025L00173 |
s 44.................... | am F2025L00173 |
Part 6 |
|
s 47.................... | am F2025L00173 |
s 49.................... | am F2025L00173 |
Part 8 |
|
Division 1 |
|
Division 1 heading.......... | ad F2025L00173 |
s 57.................... | am F2025L00173 |
Division 2 |
|
Division 2................ | ad F2025L00173 |
s 64.................... | ad F2025L00173 |
s 65.................... | ad F2025L00173 |
s 66.................... | ad F2025L00173 |
Schedule 2................ | rep LA s 48C |