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Competition and Consumer (Industry Codes—Horticulture) Regulations 2017
In force
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Department of the Treasury
This item is authorised by the following title:
Competition and Consumer Act 2010
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F2025C00177 (C02)
22 February 2025
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1 Name
3 Authority
5 Code of conduct
Collapse
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