Trade Practices (Horticulture Code of Conduct) Regulations 2006

No longer in force

Administered by

Department of the Treasury

This item is authorised by the following title:

Competition and Consumer Act 2010

Superseded version

View latest version

F2006L04061

15 December 2006 - 04 March 2016

Table of contents

Schedule Horticulture Code of Conduct
- Part 1 Preliminary
1 Name of code
2 Purposes of code
3 Definitions
- Part 2 Trader’s terms of trade
4 Trader must prepare and publish terms of trade
5 Contents of terms of trade
- Part 3 Horticulture produce agreements
- Division 3.1 Agreements
6 Requirement to have a horticulture produce agreement
7 Trader cannot be both an agent and merchant under the one agreement
8 Legal advice to be obtained before agreement is made
9 Minimum terms of horticulture produce agreement
- Division 3.2 Inconsistency between code and agreement etc
10 Inconsistency
- Division 3.3 Cooling-off period
11 Cooling-off period
- Part 4 Other matters affecting trade in horticulture produce
- Division 4.1 Agents and merchants
12 Application
13 Acceptance by trader of deliveries under an agreement
14 Trader must exercise due care and skill
15 Time for payment
- Division 4.2 Agents and growers
16 Application
17 Payment of proceeds of sale
18 Duties of agent
19 Agent’s obligation to pursue bad debts
20 Agent must report to grower
21 Ownership of horticulture produce does not pass to agent
22 Inspection of records
23 Provision of information for debt recovery
- Division 4.3 Merchants and growers
24 Application
25 Price for horticulture produce
26 Fees and commissions
27 Ownership of horticulture produce
28 Merchant must report to grower
- Part 5 Resolving disputes
- Division 5.1 General
29 Dispute resolution procedure
30 When dispute resolution procedure may be used
- Division 5.2 Mediators and mediation adviser
31 Mediation adviser
- Division 5.3 Procedure
32 Procedure for dispute resolution
- Division 5.4 Mediation
33 Appointment of a mediator by mediation adviser
34 Mediator to give notice of mediation
35 Mediator to give notice of successful mediation
36 Termination of mediation
37 Costs of mediation
38 Contractual rights unaffected by Part
- Part 6 Horticulture produce assessors
39 List of horticulture produce assessors
40 Role of the horticulture produce assessor
41 Appointment of horticulture produce assessor
42 Assistance to horticulture produce assessors
43 Horticulture produce assessor’s report
44 Costs of horticulture produce assessor

Trade Practices (Horticulture Code of Conduct) Regulations 2006

Legislation text