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Horticulture Code of Conduct

Independent Review - Department of Agriculture and Water Resources

On 31 March 2017, the Deputy Prime Minister and Minister for Agriculture and Water Resources announced a new Horticulture Code of Conduct to take effect on 1 April 2017.

The Government requested an independent review be held in response to concerns raised on the effectiveness of the mandatory Trade Practices (Horticulture Code of Conduct) Regulations 2006 (Horticulture Code) on 3 June 2015. Such concerns addressed issues of flexibility and the understanding of its application to industry practice, as well as that of transparency between growers and wholesalers.

The Department of Agriculture and Water Resources certified the Independent Review of the Horticulture Code of Conduct: Final Report, November 2015 as having undertaken a process and analysis equivalent to a RIS.

The independent review provides 13 recommendations as amendments in remaking the Horticulture Code. In addition, the Government undertook additional amendments to the Horticulture Code in response to further consultation with stakeholders.

The Office of Best Practice Regulation does not assess independent reviews. The independent review has been certified at the Deputy Secretary level by the Department of Agriculture and Water Resources, as consistent with best practice.

The Department has estimated that the reforms will result in an increase in average regulatory costs of $2.5 million per year. The Office of Best Practice Regulation has agreed with this figure.

Regulatory offsets have not been identified for the minor increase in regulatory costs. However, the Department has advised it is seeking to pursue net reductions in compliance costs and will work with affected stakeholders and across Government to identify regulatory burden reductions where appropriate.