Does the Horticulture Code allow agreements to be backdated?
The Horticulture Code: • applies to written agreements between growers and traders of horticulture produce, entered into on or after 15 December 2006 • does not apply to written agreements between growers and traders for horticulture produce entered into before 15 December 2006. It is the view of the ACCC that written agreements signed after the 15 December 2006 must comply with the Code, regardless of the date of the agreement. This includes agreements that have been backdated (that is, if the contract is dated before the 15 December 2006 but signed after that date). If, however, an agreement was entered into before 15 December 2006 and is later varied on or after 14 May 2007, the Code will apply to any trade that takes place after the agreement is varied. An agreement will be varied if it is amended, extended or transferred.
