Document ID: chunk:federal_register_of_legislation:F2025C00177:clause:1_5
Version: federal_register_of_legislation:F2025C00177
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 8378–10569

5  Definitions
  In this code:
Act means the Competition and Consumer Act 2010.
agent means a person who sells horticulture produce on behalf of a grower to a person for a commission or fee.
agreement means the following:
 (a) a horticulture produce agreement;
 (b) a transitional agreement.
bad debt has the meaning given in clause 6.
code means the Horticulture Code of Conduct.
FreshSpecs Produce Specifications means produce specifications published by Fresh Markets Australia.
grower means a person who grows horticulture produce for sale.
horticulture dispute means a dispute arising under an agreement or this code.
horticulture produce has the meaning given in clause 7.
horticulture produce agreement means an agreement between a grower and a trader under Part 3.
horticulture produce assessor means a person listed by the Ombudsman under subclause 47(1).
mediator means a person listed by the Ombudsman under subclause 39(2).
merchant means a person who purchases horticulture produce from a grower for the purpose of resale of that horticulture produce, but does not include:
 (a) a person who purchases the produce for export by that person; or
 (b) a person who purchases the produce for retail sale by that person.
Ombudsman means the Australian Small Business and Family Enterprise Ombudsman.
Note: This code confers various functions on the Ombudsman.
reporting period:
 (a) for a horticulture produce agreement with an agent—see subclause 29(2); and
 (b) for a horticulture produce agreement with a merchant—see subclause 36(2).
statement period:
 (a) for a horticulture produce agreement with an agent—see subclause 29(4); and
 (b) for a horticulture produce agreement with a merchant—see subclause 36(4).
trader means an agent or a merchant.
trader's terms of trade, in relation to a trader, means:
 (a) a document published by the trader under subclause 10(1); or
 (b) if the document mentioned in paragraph (a) is changed by the trader, the document published by the trader under subclause 10(3).
transitional agreement means a written agreement between a trader and a grower:
 (a) covering trade in horticulture produce; and
 (b) entered into before 15 December 2006.