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©State of Queensland

QUEENSLAND

PRIMARY PRODUCERS' ORGANISATION AND

MARKETING ACT 1926-1987

with

INDEX

(Compiled to 1 April, 1988)

Prepared by direction of The Honourable N.J. HARPER, M.L.A.,

Minister for Primary Industries

BY AUTHORITY S. R. HAMPSON. GOVERNMENT PRINTER, QUEENSLAND-1988

TABLE OF CONTENTS

Primary Producers' Organisation and Marketing Act 1926-1987 ....................................... .

Index

Page

1

99

QUEENSLAND

PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

[Reprinted as at 1 April, 1988]

Primary Producers' Organisation and Marketing Act of 1926, 17 Geo. 5 No. 20

As amended by Primary Producers' Organisation and Marketing Act Amendment Act

of 1928, 19 Geo. 5 No. 8, Part I Primary Producers' Organisation and Marketing, Fruit Marketing

Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act of 1930, 21 Geo. 5 No. 22, Part II

Primary Producers' Organisation and Marketing Acts Amendment Act of 1932, 23 Geo. 5 No. 31




Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act of 194~, 5 Geo. 6 No. 14, ss. 2, 5 _

Sugar Experiment Stations Acts and Other Acts Amendment Act of 1941, 5 Geo. 6 No. 16, Part IV

Primary Producers' Organisation and Marketing Acts Amendment Act of 1946, 11 Geo. 6 No. 13, s. 3 (2)


Primary Producers' Organisation and Marketing Acts Amendment Act of 1954, 3 Eliz. 2 No. 29



Primary Producers' Organisation and Marketing Acts Amendment Act of 1962, No. 15

Primary Producers' Organisation and Marketing Acts and Another Act Amendment Act of 1965, No. 12

2 PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Primary Producers' Organisation and Marketing Acts Amendment Act of 1966, No. 18

Metric Conversion Act 1972, No. 31, Part II, First Sch. Part II and First Schedule in relation to this Act commenced 23 July 1973 (Proc.

pubd. Gaz. 21 July 1973, p. 2150).

Primary Producers' Organisation and Marketing Act Amendment Act 1973, No. 17

Commenced 16 June 1973 (Proc. pubd. Gaz. 16 June 1973, p. 1460).

Fisheries Act 1976, No. 80, s. 92 s. 92 commenced 1 January 1978 (Proc. pubd. Gaz. 10 December 1977, p. 1305).

Primary Producers' Organisation and Marketing Act Amendment Act 1979, No.6


ss. 1, 2 commenced on date of Assent. Act (except ss. 1, 2) commenced 27 June 1981 (Proc. pubd. Gaz. 27 June 1981,

p. 1710).

Companies (Consequential Amendments) Act 1981, No. 111, Part VI Part VI commenced 1 July 1982 (sees. 2 (4) of Act and Proc. pubd. Gaz. 29 June

1982, p. 21 02).


ss. 1, 2 commenced on date of Assent. Act (except ss. 1, 2) commenced 25 June 1983 (Proc. pubd. Gaz. 25 June 1983,

p. 1343).

Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62, Part II

Part II commenced 1 July 1984 (Proc. pubd. Gaz. 23 June 1984, p. 1353).

Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985, No. 18, Part II

Part II commenced 11 May 1985 (Proc. pubd. Gaz. 11 May 1985, p. 681 ).

City of Brisbane Market Act and Other Acts Amendment Act 1985, No. 84, Part VI

Part VI commenced 20 February 1986 (Proc. pubd. Gaz. 22 February 1986, p. 679).

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 (as construed by Fruit and Vegetables Act and Other Acts Amendment Act 1988, No. 35, Part IV)

ss. 1, 2 commenced on date of Assent. s. 21 commenced 11 May 1987 (see s. 2 (2) of Act). Act (except as above) commenced 15 October 1987 (Proc. pubd. Gaz. 17 October

1987, p. 575).

An Act to provide for the orderly marketing of rural commodities, the establishment, operation and accountability of Marketing Boards, producer representative bodies and the Council of Agriculture and for related purposes

[ASSENTED TO 20 NOVEMBER, 1926] Long title substituted by Act of 1987, No. 57, s. 4.

s. 1 PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 2 3

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title and commencement of Act. This Act may be cited as "The Primary Producers' Organisation and Marketing Act of 1926," and save as is herein otherwise expressly provided, shall come into operation on such date as the Governor in Council by Proclamation published in the Gazette may fix and declare, which date is hereinafter referred to as the commencement of this Act.

Collective title conferred by Act of 1987, No. 57, s. 3 (2).

Commenced 1 December 1926 (Proc. pubd. Gaz. 27 November, 1926, p. 2370).

lA. Act to be read subject to the Commonwealth Constitution. This Act and any Proclamation, Order in Council or regulation made thereunder shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed .the legislative power of the State, to the intent that where any enactment contained in this Act or provision contained in any such Proclamation, Order in Council, or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

Inserted by Act of 1935, 26 Geo. 5 No. 35, s. 2.

INTERPRETATION

2. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings assigned to them respectively, that is to say:-

"Affiliated Body"-Any association registered under the Primary Producers' Co-operative Associations Act 1923-1981 and any corporation within the meaning of the Companies (Queensland) Code where the registered rules of the association or the memorandum and articles of association of the corporation provide that any or all of the Directors of the association or corporation, as the case may be, shall be persons for the time being holding office as members of a Board;

"Appointed day" means the day appointed by the Governor in Council by Order in Council pursuant to section 40 (2);

"Approved"-Approved by the Minister; "Authorised agent"-Any person authorised by the Board to

take delivery of the commodity on their behalf in the exercise of their powers under this Act: the term includes any agent, . employee, or servant of an authorised agent empowered by such authorised agent to act on his behalf in taking such

4 s. 2 PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 2

delivery, and also any agent, employee, or servant of such agent;

"Bank" has the same meaning as in the Statutory Bodies Financial Arrangements Act 1982-1984;

"Board"-The Commodity Board constituted in relation to a specified commodity by the Governor in Council under this Act and appointed under this Act as prescribed: The term expressly includes the State Council of each producer representative body and each Marketing Board;

A Board which for the time being is duly empowered to undertake the functions of marketing the commodity is in this Act referred to as a Marketing Board;

"Certificate" -Any document in the prescribed form issued by the Board or their authorised agent as evidence of the delivery of the commodity by a grower to the Board;

"Commodity"-Any grain, cereal, fruit, vegetable, or other pro<J.uct of the soil in Queensland, or arrowroot, and any dairy produce (including butter and cheese) and eggs and any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, which in each case has been declared to be a commodity under and for the purposes of this Act;

The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture.

The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacure.

Pigs declared a commodity. The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act.

"Council"-The Council of Agriculture constituted under this Act;

"Deliver to the Board" -Deliver or tender or cause to be delivered or tendered to an authorised agent for acceptance on account of a Marketing Board any of the commodity of which it is intended to yield possession to the Board; and derivatives of the word "deliver" used in this connection have a corresponding meaning;

"Department"-The Department of Primary Industries; "Financial year"-Any period of twelve months which may be

approved by the Minister in writing as being the annual accounting period for any Board or Affiliated Body;


s. 2 5

"Grower"-The person by whom the commodity is actually grown or produced or prepared: where the commodity is grown or produced pursuant to any share-farming agreement, the term includes the parties to such agreement;

"Marketing" includes all activities necessarily associated with the movement of a commodity from the point of production or preparation to the point of consumption and, without limiting the generality of the foregoing, includes-

(a) the storage, handling, transport and sale of the commodity and such other activities as are necessary to convert the commodity into a saleable form or condition; and

(b) advertising of the commodity and such other measures designed to promote the sale of the commodity;

"Minister"-The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;

"Net proceeds of sale"-the proceeds of the marketing of the commodity less-

(a) such deductions as the Board concerned may determine to be necessary to meet-

(i) the costs of administration; and

(ii) the costs of handling, marketing, capital redemption and commodity financing,

in respect of the commodity; and

(b) the costs, if any, incurred by the Board in respect of the costs of handling, marketing and financing the commodity in excess of the costs referred to in provision (a) (ii);

"Person" includes any partnership or firm and any body of persons, corporate or unincorporate;

"Prescribed"-Prescribed by any prescribed instrument; "Prescribed instruments"-Regulations, Orders in Council,

guidelines, directions, instructions, by-laws, rules, and other . instruments made under the authority of this Act; "Primary producer"-Every person, not being a person engaged

in primary production as an employee on wages or piecework rates, engaged in the occupation of-

(a) Dairy farmer; or (b) Wheat, maize or cereal grower; or

(b 1) Arrowroot grower; or (c) Sugar-cane grower; or

6 s.3 PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

(d) Fruit grower; or (e) Grazier; or

s. 3

(f) Farmer, whether engaged in general or mixed farming, cotton, potato or vegetable growing, or poultry or pig raising; or

(g) Apiarist; and any class of persons, not being persons engaged in primary production as employees on wages or piecework rates, declared by the Governor in Council, by Order in Council, to be primary producers for the purposes of this Act: the term includes farmers' sons eighteen years of age and upwards, working on their fathers' farms, not for wages but for their keep only: the terms "Primary produce" and "Primary production" have correlative meanings;

"Producer representative body"-The Queensland Cane Growers' Organisation, each body constituted pursuant to this Act as a consequence of the making of an Order in Council pursuant to section 30 (9) and the Queensland Commercial Fishermen's Organization constituted under section 132 of the Fishing Industry Organization and Marketing Act 1982-1985;

"Regulations"-Regulations made under this Act; "Sell" includes barter and exchange, and "Sale" has a

corresponding meaning; "State Wheat Board"-The State Wheat Board constituted under

"The Wheat Pool Acts, 1920 to 1925" and any Proclamation made thereunder;

"This Act" includes all Orders in Council and regulations made under this Act: where this Act with modifications or additions is made applicable to a commodity, the term includes this Act as so modified or added to.

As amended by Act of 1928, 19 Geo. 5 No. 8, s. 2 (i); Act of 1930, 21 Geo. 5 No. 22, s. 4; Act of 1935, 26 Geo. 5 No. 35, s. 3; Act of 1939, 3 Geo. 6 No. 21, s. 2; Act of 1973, No. 17, s. 3; Act of 1984, No. 62, s. 5; Act of 1987, No. 57, s. 5.

REPEALS

3. Repeal of earlier Acts. "The Primary Products Pools Acts, 1922' to 1925" and "The Primary Producers' Organisation Acts, 1922 to 1925" are repealed: Provided as follows, but without prejudice to any of the provisions of The Acts Shortening Acts:-

( 1) Council of Agriculture and District Councils. The Corporation of the Council of Agriculture and the Corporation of each District Council constituted under "The Primary Producers' Organisation Act of 1922" are and each of them is dissolved; the said Corporations are hereinafter referred to as the "dissolved Corporations."

All the property, whether real or personal, and all other assets of whatever description, and all rights, liabilities, obligations', contracts, and engagements of the dissolved Corporations and each of them existing

s.3 PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.3 7

at the commencement of this Act, shall without any transfer, assignment or conveyance or notice other than this Act be divested from the dissolved Corporations and each of them, and shall be vested in and shall attach to and may be enforced by and against the Council.

All proceedings and things lawfully had and done by the dissolved Corporations respectively shall be and continue to be in full force and effect to all intents and purposes as if the same had been done by the Council, and if the same are not completed may be continued and completed by the Council.

All officers and servants of the Council of Agriculture hereby dissolved holding office or being employed at the commencement of this Act shall be deemed to have been appointed and engaged under this Act, but shall otherwise be subject to this Act as officers and servants of the Council:

Provided that any such officer, who has been engaged and is still employed under a subsisting contract of service extending over a period of years which has not expired at the commencement of this Act, shall, subject to the terms and provisions of the said contract, be continued in office by the Council until the said contract expires.

(2) Local producers' associations. All duly registered local producers' associations which are still registered at the commencement of this Act shall-be deemed to be registered as local producers' associations under this Act and shall in all respects be subject to the provisions thereof.

(3) Commodities. Every commodity which under and pursuant to an Order in Council made under "The Primary Products Pools Act of 1922" was declared to be a commodity under and for the purposes of that Act shall, so long as such Order in Council remains in force, be and remain a commodity for the purposes of the said Order in Council (including any amendment thereof) and of this Act.

(4) Boards. Every Board which under and pursuant to an Order in Council made under "The Primary Products Pools Act of 1922" was constituted in respect of a commodity shall, so long as such Order in Council remains in force, continue to be a Board for the said commodity.

Where the said Act (including, if the case be so, any amendment thereof), with modifications and additions or either of them, was made applicable and extended to the said commodity and the Board so constituted and all persons, things, and matters concerned, the provisions of this Act relating to the like matters, with all and every of the said modifications and additions, shall be applicable to the said commodity and Board and all persons, things, and matters concerned; and the provisions of this Act, either wholly or with all and every of such modifications and additions as aforesaid and all further and other modifications and additions as after the commencement of this Act may be made under the provisions of this Act by an amending Order in Council, shall apply and extend to the said commodity and Board and all persons, things, and matters concerned.


s.4

( 5) Precepts by Council. The amount of every precept issued to a Board by the Council of Agriculture hereby dissolved, which at the commencement of this Act was not paid or was not paid in full by the Board concerned to the said Council, shall, on and after the commencement of this Act, as to the whole amount or the balance of the amount then remaining unpaid, be payable and paid by such Board to the Council under this Act.

( 6) Board levies. Every levy duly made by a Board in respect of the commodity for which such Board was constituted, and which at the commencement of this Act was not paid or was not paid in full to the Board by a grower concerned, shall, on and after the commencement of this Act, as to the whole amount or the balance of the amount then remaining unpaid, be payable to such Board by such grower, and may be paid to and received, levied, and recovered by such Board as if such levy were a levy made under this Act.

COUNCIL OF AGRICULTURE

4. Council of Agriculture. ( 1) There shall be a Council of Agriculture.

(2) On and from the commencement of section 6 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 the existing members of the Council shall go out of office and the Council shall consist of the following members:-

(a) A member of each of the Boards specified in the First Schedule who shall be elected by and shall represent that Board;

(b) A member of each of the Boards constituted pursuant to the provisions of section 9 ( 1) or of section 30 (9), or pursuant to a provision enacted in any other Act in substitution for those provisions, after the date of commencement of section 6 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 who shall be elected by and shall represent that Board;

(c) A member of any organisation that-(i) has applied to be represented on the Council;

and (ii) has had its application recommended by the Council to

the Minister and granted by the Governor in Council by notification published in the Gazette,

who shall be elected by and shall represent that organisation; (d) A person appointed in writing by the Minister to be his

representative on the Council.

(2A) Each Board or organisation referred to in subsection (2) (a), (2) (b) or (2) (c) shall notify the Council of the name of the member elected to represent that Board or organisation on the Council and that notification shall be made-

(a) in writing to the secretary of the Council;


s.4 9

(b) within such period as the Council may require.

(3) Subject to this Act-(a) a person who is a member of the Council pursuant to

subsection (2) (a), (2) (b) or (2) (c) shall hold office as a . member until the expiry of his term as a member of the Board or organisation that he represents on the Council or until that Board or organisation, as the case may be, notifies the Council in writing that such person is no longer to be the representative of that Board or organisation, whichever event is the earlier;

(b) a person who is a member of the Council pursuant to subsection (2) (d) shall hold office as a member at the pleasure of the Minister.

(4) (a) Subject to subsection (8) a person who is a member of the Council pursuant to subsection (2) (a), (2) (b) or (2) (c) may nominate a person to act as a delegate member of the Council to deputise for that member of the Council.

(b) A nomination of a delegate member-(i) may be made only if the member for whom the delegate is

sought will be absent from any meeting or meetings of the Council because of illness, absence from the State or other unavoidable reason;

(ii) if it is to continue in effect for a period of three months or more, may be made only with the approval of the Minister first had and obtained; and

(iii) shall be notified in writing to the secretary of the Council as soon as practicable after it is made.

(c) For so long as his nomination as such continues in effect a delegate member shall be entitled to attend meetings of the Council in the absence of the member for whom he is deputising and shall be deemed to be a member of the Council. ,,

(d) A nomination of a person as a delegate member shall terminate and be of no further effect-

(i) in the case of a nomination expressed to be for the purpose of any meeting or meetings of the Council, upon the conclusion of that meeting or, as the case may be, the last of those meetings;

(ii) in the case of a nomination expressed to be for a period, upon the expiration of that period;

(iii) if the member vacates his office as prescribed by subsection (10);

(iv) upon the occurrence of any event that would cause his vacating office as a member were he a member of the Council.


(5), (6) (Repealed).

s.4

(7) Any person who has his affairs under liquidation or is an uncertificated or undischarged bankrupt or insolvent, or has been convicted of an indictable offence, or is undergoing a sentence of imprisonment, or becomes an insane person, or is a salaried officer of the Council, shall be disqualified from being elected or appointed or from continuing a member of the Council.

(8) The Council at its annual meeting in each and every year shall elect from its members one to be Chairman of the Council and another to be Deputy Chairman of the Council, and each of those persons shall, unless he ceases to be a member of the Council or vacates the office to which he is elected in the meantime, continue in the office of Chairman or, as the case may be, Deputy Chairman from the date of that election until the next annual meeting of the Council, and shall, subject to this Act, be eligible for re-election thereto.

If the Chairman is absent from any duly convened meeting the Deputy Chairman shall act as Chairman at the meeting, but if the Deputy Chairman is also absent then the members present shall elect from their number one to act as Chairman to preside at the meeting during the absence of the Chairman and Deputy Chairman.

If the Chairman or the Deputy Chairman is at any time prevented by absence, illness, or otherwise from performing the duties of his office or a vacancy occurs at any time in either of such offices, the Executive may, if it thinks fit, appoint any member of the Council to act as Chairman or, as the case may be, Deputy Chairman during such time as the Chairman or, as the case may be, Deputy Chairman is so prevented from performing the duties of his office or, where a vacancy occurs, until a member of the Council is elected to that office at the next annual meeting of the Council, and the acting Chairman or, as the case may be, Deputy Chairman while so acting shall have and may exercise all the powers, authorities, and functions and shall perform the duties and enjoy the immunities of, and the provisions of this Act shall extend to him as if he were, the Chairman or, as the case may be, Deputy Chairman.

The fact that a member ofthe Council appointed to act as Chairman or Deputy Chairman has exercised any power, authority, or function, or has performed any duty of the Chairman or, as the case may be, Deputy Chairman, or that the Deputy Chairman has exercised any power, authority, or function, or has performed any duty of the Chairman, shall, until the contrary is proved, be conclusive evidence that the member appointed to act or, as the case may be, Deputy Chairman, lawfully exercised that power, authority, or functiOn, or lawfully performed that duty.

(9) Vacancies. During any vacancy in the office of any member the continuing members of the Council shall act as if no such vacancy existed.


s. 4 11

( 1 0) Vacation of office. The office of a member of the Council shall be vacated-

(a) [if]* he ceases to be a member of the Board or organisation that he represents on the Council;

(b) If he is or has become disqualified under this Act; or (c) If without leave obtained from the Council in. that behalf

he has been absent from more than two consecutive meetings of the Council; or

(d) Upon death or resignation; or (e) [if]* the Board or organisation that he represents on the

Council ceases to be a Board or organisation for the purposes of this Act.

(11) (Repealed).

(12) Council to be a body corporate. The Council of Agriculture shall be a body corporate, and shall by that name have perpetual succession and an official seal which shall be judicially noticed.

The Couneil shall be capable in law of suing and being sued, and shall have power to purchase, sell, exchange, lease, and hold land, goods, chattels, securities, and any other property whatsoever.

(13) Executive Committee of Council. There shall be constituted an Executive Committee of the Council, in this .section referred to as "the Executive".

The Executive shall be responsible to the Council and shall consist of the following members:-

(a) the Chairman and Deputy Chairman of the Council and the member of the Council appointed by the Minister, who shall be members ex officio; and

(b) four other members of the Council, or such other number as may be prescribed, elected from time to time by the Council.

The Council may elect two of its members as alternate members of the Executive.

Where the ex officio member of the Executive appointed to the Council by the Minister is unable to attend a meeting of the Executive, the Minister may appoint an alternate member thereof who may attend the meeting in the stead and with the powers and responsibilities of the absent member.

Where an elected member of the Executive is unable to attend a meeting of the Executive, either elected alternate member thereof may attend the meeting in the stead and with the powers and responsibilities of the absent member:

Provided that an alternate member shall not act in the stead of more than one elected member of the Executive at the one time.

*Sic


s.4

Such Executive shall, subject to the Council, be charged with the administration of the business of the Council.

The elected members of the Executive shall hold office for such period as the Council may determine.

If a vacancy occurs at any time in the office of an elected member, the Executive may appoint any member of the Council to fill that vacancy, and the term of office of the member of the Council so appointed shall expire on the date on which the terms of office of the remaining elected members expire.

The Chairman of the Council shall be Chairman of the Executive and may convene meetings of the Executive at any time and from time to time.

The validity of acts done by the Executive shall not be affected by any error or defect in the appointment or of any disqualification of any member thereof, or by reason of there being any vacancy in the number of members thereof at the time, or by reason of any member thereof being absent from any duly convened meeting thereof.

(14) The Council shall convene an annual meeting and at least one other meeting in every year with the date of each such meeting to be fixed by the Executive.

The Executive may direct that a special meeting of the' Council be convened and the Chairman (or, in the absence of the Chairman, the Deputy Chairman) shall thereupon convene such special meeting.

Unless otherwise approved, the Chairman (or. the Deputy Chairman, as the case may be) shall give the members of the Council not less than seven days notice of the convening of each meeting of the Council.

(15) Expenses. Subject to the approval of the Minister, the Council may fix the fees andjor allowances payable to members, and the Council shall except as hereinafter provided pay to the members such fees or allowances so fixed.

Every Board shall pay to its respective representative or representatives the fees and/or allowances so fixed for attendance by him or them at meetings of the Council.

( 16) The Chairman shall report all decisions and recommendations of the Council and of the Executive to the Minister.

(17) The Council may establish a committee or subcommittee of such number of members of the Council and other persons as the Council may determine to investigate and report back to the Council on any matter that the Council may refer to that committee or subcommittee.

The Chairman of the Council shall be ex officio a member of each such committee or subcommittee of the Council.

( 18) The Chairman of the Council shall seek the views of the Council in respect of any matters referred to the Council by the Minister

s.S PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 6 13

and shall submit a report to the Minister in writing or in such other manner as the Minister may require.

(19) The Council shall, by formal resolution, adopt Standing Orders for the conduct of meetings and debate.

Where any matter arises that is not covered by the Standing Orders so adopted, the decision of the Chairman in respect of that matter shall be final.

(20) For the purposes of this section-( a) the term "organisation" means any body, corporate or

unincorporate, that has been established to represent the growers or producers of any commodity or of any other agricultural, horticultural, livestock or maritime product;

(b) the State Wheat Board, the Committee ofDirection of Fruit Marketing and the Queensland Milk Board shall each be deemed to be a Board.

Substituted by Act of 1938, 2 Geo. 6 No. 28, s. 2; as amended by Act of 1939, 3 Geo. 6 No. 21, s. 3 (1) (c); Act of 1954, 3 Eliz. 2 No. 29, s. 2 (1); Orders in Council published Gazette 24 March 1956, p. 1228; 28 February 1959, pp. 1404-1405; Act of 1962, No. 15, s. 2; Order in Council published Gazette 29 July 1972, p. 1519; Act of 1973, No. 17, s. 4; Order in Council published Gazette 24 February 1979, p. 646; Act of 1979, No. 6, s. 2; Act of 1981, No. 38, s. 3; Act of 1987, No. 57, s. 6.

COUNCIL OF AGRICULTURE FUND

5. Council of Agriculture Fund. ( 1) There shall be established a Fund to be called "The Council of Agriculture Fund" which shall be charged with the payment of all expenses incurred by the Council in the execution of th1s Act and any such other expenses as may be approved by the Governor in Council.

(2) Such Fund shall be administered by the Council and shall be audited from time to time by officers of the Department of the AuditorGeneral.

(3) The amount of all precepts duly issued by the Council shall, when received, be paid into such Fund.

Substituted by Act of 1938, 2 Geo. 6 No. 28, s. 3.

5A. Precept by Council. ( 1) The Council may issue a precept of such amount as the Council may from time to time determine in respect of each Board and organisation that is a member of the Council pursuant to section 4.

(2) A precept issued by the Council in accordance with subsection ( 1) shall be a debt due and owing to the Council by the Board or organisation concerned.

Inserted by Act of 1987, No. 57, s. 7.

OFFICERS

6. ( 1) Appointment of director of marketing. The Governor in Council may from time to time appoint an officer, to be called the


s. 7

"director of marketing," upon such terms and at such salary as the Governor in Council may determine, which salary shall be a charge upon and paid out of the Consolidated Revenue, and may at any time suspend or dismiss such officer from his office for incapacity, incompetence, or misbehaviour.

(2) The director of marketing shall have such powers and duties as are assigned to him from time to time by the Minister. Except as may be approved, he shall not accept or hold any paid employment outside the duties of his office, or be a director of a company.

(3) The director of marketing shall be entitled to demand and receive, in respect of his acting on each Board of which he is appointed a member, such fees and expenses as other members of such Board are entitled to demand and receive out of the funds of such Board.

But all such fees and expenses so received by him shall be deemed to have been received by him as a public officer, and shall be accounted for accordingly.

(4) Appointment of other officers. The Council may from time to time appoint or employ a secretary of the Council and such other officers as may be necessary for the effective discharge of its duties and functions under this Act, and with such salaries, wages, and allowances as may be determined by the Council.

(5) Salaries, etc. The salaries, wages, or allowances of any officer appointed under or for the purposes of this Act shall be paid out of the Council of Agriculture Fund, but subject always to any directions in that behalf given by the Governor in Council in cases where it is deemed proper that a proportionate part of any such salaries, wages, or allowances should be paid out of the Consolidated Revenue.

As amended by Act of 1938, 2 Geo. 6 No. 28, s. 4.

FUNCTIONS OF COUNCIL

7. Functions of the Council. The functions of the Council are to( a) provide a forum for the discussion of matters of common

interest to Boards and organisations represented on the Council, in this section referred to as represented bodies;

(b) advise the Minister upon any matter that he may refer to the Council for consideration or any matter that the Council deems pertinent;

(c) co-ordinate the views of represented bodies and represent those views to relevant agencies and in any public forum on matters of common interest to those represented bodies;

(d) consult and co-operate with Government on legislative and other matters of common interest to represented bodies;

(e) investigate and co-ordinate trade development activities on behalf of represented bodies;

(f) provide goods and services and co-ordinate the provision of goods and services to represented bodies; and


s. 9 15

(g) generally do all such things and take all such steps as may from time to time be considered appropriate by the Council for the protection, advancement or furtherance of primary industry.

Substituted by Act of 1987, No. 57, s. 8.

8. (Repealed). Repealed by Act of 1938, 2 Geo. 6 No. 28, s. 6.

COMMODITIES AND COMMODITY BOARDS

9. (1) Power to declare commodity and extend Act and constitute Board for same. The Governor in Council may from time to time, if requested so to do by a petition signed by fifty growers of any particular commodity (or such other number of growers as may be approved) by Order in Council declare that any grain, cereal, fruit, vegetable, or other product of the soil in Queensland, or arrowroot or any dairy produce (including butter and cheese) or eggs or any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, is and shall be a commodity under and for the purposes of this Act.

The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture.

The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture.

The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act.

The Governor in Council may by the same or a subsequent Order in Council constitute a Board in relation to the commodity so declared, and extend the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by him necessary to meet the particular circumstances, to such commodity and the Board so constituted and all persons, things, and matters concerned.

Thereupon the provisions of this Act, either wholly or with such modifications or additions as aforesaid, shall apply and extend to such commodity and Board and all persons, things, and matters concerned.

(lA) The Governor in Council by Order in Council may prescribe penalties for any contravention of or failure to comply with any provision of any Order in Council under this section in relation to any commodity (whether such commodity is declared as such by this section or by Order in Council under this section).

Where by any Order in Council under this section in relation to any commodity the Governor in Council has extended (whether wholly


s. 9

or with any modifications thereof or additions thereto) any of the provisions of this Act to such commodity such provisions as so extended or added shall for the purposes of this subsection be deemed to be provisions of such Order in Council.

A prescription under this subsection may, in relation to any commodity, provide for-

(a) a maximum penalty not exceeding 20 penalty units;

(b) in the case of an offence which is continued by the offender after he has been convicted therefor, a daily penalty not exceeding two penalty units, which daily penalty may be provided additionally to any other amount of penalty which may be provided pursuant to this subsection;

(c) an increased penalty for a second or subsequent offence, whether committed against the same or a different provision of any Order in Council in question, but so that the maximum amount of penalty for a second or subsequent offence shall not exceed 40 penalty units.

(lB) Where a commodity has been declared by Order in Council and a Board has been constituted in relation to the commodity so declared pursuant to subsection ( 1 ), the Governor in Council may by Order in Council (which Order shall for the purposes of this section be deemed to be an Order in Council merely ancillary to the Order or Orders declaring the commodity and constituting the Board) limit the definition of the commodity so declared by reference to any one or more of the following:-

(a) the variety, type, class or category of the commodity; (b) the growers, or any class or classes thereof, of the commodity; (c) the district or locality in which the commodity is produced.

On and from the date of that lastmentioned Order in Council, the commodity in question shall be a commodity under and for the purposes of this Act only to the extent that it has been so defined.

(2) Power on petition to vest property of commodity in Board. Any such petition as aforesaid may also contain a request that the Board to be constituted shall acquire the commodity as the owners thereof. In such case and without limiting in anywise the power conferred in the last preceding subsection hereof, the Governor in Council may by an Order in Council provide and declare that the commodity shall forthwith, upon the making of such Order or on and from a date to be fixed by such Order or at a point, stage or time within the growing cycle of the commodity or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of the Board as the owners thereof, and may make such further provision as will enable the Board effectively to obtain possession of the commodity as such owners and to deal with the same


s.9 17

as may be deemed necessary or convenient in order to give full effect to the objects and purposes for which the Board is constituted:

Provided that such Order in Council shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the Board of the commodity under such Order.

Where an Order in Council has been made, under the provisions of this subsection, prior to the commencement of section 9 of the Primary Producers' Organisation and Marketing Act 1987, in respect of a commodity, the Governor in Council may by another Order in Council (which last-mentioned Order in Council shall for the purposes of this section be deemed to be merely ancillary to the first-mentioned Order in Council) provide and declare that after the making of that lastmentioned Order in Council the commodity shall from and after a specified point, stage or time within the growing cycle of the commodity be divested from the growers and become vested m and be the property of the Board concerned.

To the extent that, as a result of operation of the provisions of the preceding paragraph, then~ is any inconsistency between the firstmentioned and last-mentioned Order in Council, the last-mentioned Order shall prevail.

(3) Application of foregoing provisions to existing Boards. In any case where a Board has been duly constituted (whether under this Act or any Act hereby repealed) for a commodity by an Order in Council, but no provision was made in such Order for the acquisition as owners by such Board of the commodity from the growers thereof, and a petition to the Governor in Council signed by fifty growers of the commodity (or such other number of growers as may be approved) requests that such Board shall acquire the commodity as the owners thereof, the Governor in Council may, by another Order in Council made with respect to such Board and the commodity, provide and declare that the commodity shall forthwith, upon the making of such subsequent Order or on and from a date to be fixed by such subsequent Order or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of such Board as the owners thereof, and may in such Order make such further provision as will enable such Board effectively to obtain possession of the commodity as such owners and to deal with the same as may be deemed necessary or convenient:

Provided that an Order in Council under the provisions of this subsection shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the Board of the commodity under such Order.

(4) Electors. By any Order in Council under this section the classes of persons who shall be deemed to be growers of a commodity and the method of choosing the representatives of such growers may be declared:

Provided that in declaring the constitution of the Board and the number of representatives to be chosen the Governor in Council shall


s.9

have due regard to any representations by the growers made in any petition or memorial to the Minister by them.

Subject to this Act, the members of a Board constituted under this section shall hold office for a period of three years, but every such member shall be eligible for re-election:

Provided that the Governor in Council by Order in Council (which Order shall for the purposes of this section be and be deemed to be an Order in Council merely ancillary to the Orders whereby the commodity in question was declared as such under and for the purposes of this Act and a Board was constituted in relation thereto) may at any time prior to the expiration of the period of office of the members of any Board extend that period and thereafter may further extend that period from time to time:

Provided further that no such extension or further extension shall be for a period exceeding three months:

Provided further that the Governor in Council shall not make any such extension or further extension-

(a) unless he is satisfied-(i) that proposals exist to amend provisions of an Order in

Council relating to the election ofrepresentatives of growers to the Board concerned; or

(ii) that an emergency exists in relation to the marketing of the commodity concerned;

(b) if as a result of such extension or further extension the period of office of such members would exceed four years.

(5) Advertisement. Notice of intention to make an Order in Council under subsection one or subsection two or subsection three of this section (not being an Order merely ancillary to an original Order already made thereunder) or under subsection six of this section conferring upon a Board which is not a Marketing Board the additional power to undertake the functions of marketing the commodity, shall be published in the Gazette and in such newspaper or newspapers as the Minister may direct at least thirty days before the making of such Order.

Within thirty days of the publication of that Notice, 10 growers of the commodity concerned (or such other number of growers as may from time to time be approved) in the district or locality to which the Order in Council is intended to apply, may petition the Minister that a poll be taken of all growers of the commodity residing in that district or locality upon the question of whether such Order should be made and, in the event of such petition, a poll shall be conducted by the Department.

Following that poll, such Order shall not be made unless-(a) not less than 50 per centum of growers of the commodity

eligible to vote on any such question have duly exercised their right to vote in the poll;


and

s. 9 19

(b) not less than 60 per centum of the valid votes cast are in favour of the making of the Order.

For the purposes of this subsection the Department is hereby authorised to compile a list of the voters who shall be so eligible to vote.

Any such list shall be conclusive evidence of the eligibility of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculations under provisions (a) and (b) of this subsection.

(5A) Percentage of voters required at certain polls. In respect of any vote of the growers concerned which may be taken after the passing of "The Primary Producers' Organisation and Marketing Act Amendment Act of 1928" on the question whether an Order in Council shall be made declaring that any commodity (not being a commodity in respect of which a Commodity Board has been already constituted and is in existence at the passing of such last-mentioned Act) shall be a commodity under and for the purposes of this Act, and/or that a Board shall be constituted in relation to such commodity so declared, any such vote (notwithstanding that three-fifths of the votes polled are in favour of the making of such Order in Council) shall not be carried unless not less than fifty per centum of the voters who are eligible to vote on any such question as aforesaid have duly exercised their right to vote.

For the. purposes of this subsection the Department of Primary Industries is hereby authorised to compile a list of the voters who shall be so eligible to vote.

Any such list so compiled shall be conclusive evidence of the title of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculation as to whether or not not less than fifty per centum of the voters so eligible to vote had duly exercised their right to vote accordingly.

(6) Board may have no power of marketing. Notwithstanding anything in this Act contained, any such Order in Council may limit the powers, authorities, duties, and functions of the Board under this Act so that the Board shall not be a Marketing Board. In such case, by such Order or by a subsequent Order the powers, authorities, duties, and functions of the Board (other than the functions of marketing) may from time to time be defined and declared:

Provided that where the Board has been originally constituted with powers, authorities, duties, and functions· other than the functions of marketing, by a subsequent Order in Council the power to undertake the functions of marketing the commodity for which the Board was constituted may be conferred upon the Board.

(7) Duration and extent. Any Order in Council made under this section may be of limited duration or may be made with respect only to certain specified districts or localities of Queensland.


s. 9

Any such Order in Council may fix a date on and after which the functions of the Board under this Act shall cease.

Any such Order in Council may provide that different terms and conditions of delivery, marketing, and/or sale shall apply to different portions of the commodity according as such portions thereof are manufactured or sold or intended to be sold in different districts or localities of Queensland. Such terms and conditions may be applied by the Order in Council whereby this Act shall be or shall have been applied to the commodity either wholly or with or without modifications and/or additions or by any Order in Council amending the same. Any Order in Council so amending an Order in Council previously made shall be deemed to be merely ancillary to the Order in Council which it amends.

(7 A) Extension of specified district or locality of Board. Where a commodity or commodities has or have been declared by Order in Council and a Board constituted by the same or a subsequent Order in Council with respect only to a specified district or locality, and such Board satisfies the Minister that the common interest of and community of interest between growers within such district or locality and growers without such district or locality in respect of any commodity or commodities for which such Board was constituted will be best served by including such lastmentioned growers within such district or locality the Minister may recommend accordingly to the Governor in Council.

Upon such recommendation the Governor in Council may by Order in Council (which Order. shall for the purposes of this section be and be deemed to be an Order merely ancillary to the Order or Orders abovementioned) extend the specified district or locality with respect to which the commodity or commodities have been declared (and either with respect to all of such commodities or with respect to any one or more of them) and the Board constituted as abovementioned so as to include the lastmentioned growers:

Provided that any other district or locality to be included in a specified district or locality by any such extension shall be contiguous to the specified district or locality concerned, and no part of such other district or locality shall be distant more than eighty kilometres from the boundary of such specified district or locality.

In the exercise of the powers by this subsection conferred upon him, and for the purpose of carrying into full effect the objects and purposes of this Act, the Governor in Council may by Order in Council (whether an original Order or any modification or amendment thereof or a subsequent Order) make all such adjustments and give all such directions as appear to him necessary to meet the circumstances.

(7B) With respect to any commodity or commodities and the Board constituted therefor the Governor in Council may, from time to time, by Orders in Council (it being hereby declared that every such Order in Council shall for the purposes of this section be and be deemed to be an Order merely ancillary to the Orders whereby the commodity or commodities in question was or were declared as such under and for


s. 9 21

the purposes of this Act and a Board was constituted in relation thereto) make such provisions as are in his opinion necessary, convenient, or expedient for all or any purposes of-

(a) The licensing by the Board of the carriage by road of any of the commodity or commodities; prescribing the circumstances under which the carriage by road of any of the commodity or commodities is prohibited save under the authority of a license by the Board (which circumstances may be prescribed by reference, by way either of inclusion or exclusion, to persons, classes of persons, roads, descriptions of vehicles, localities, or in any other manner sufficient in the opinion of the Governor in Council); prescribing, regulating, and controlling applications for, (and for the renewal of) such licenses, and the issue, renewal, cancellation, or suspension, and tenure thereof; r

(b) The stopping and entry on or into, and inspection on roads of vehicles carrying or suspected of carrying thereon any of the commodity or commodities contrary in any respect to the requirements of this Act or in the course of, or for the purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect of the requirements of this Act;

(c) The seizure and delivery to the Board of any commodity found being carried on or in any vehicle on a road as specified in paragraph (b) hereof; and the things and steps to be done and taken by the driver or person in charge of any vehicle for effecting such a delivery; and ensuring against the prevention or obstruction of any such delivery;

(d) The information and particulars in relation to the owner, producer, consignor, and consignee of the commodity, and otherwise in relation thereto, to be furnished by the driver or person in charge of any vehicle carrying any of the commodity or commodities on a road to a person by whom that vehicle is stopped under the authority of this Act; requiring the furnishing on demand of such information and particulars, and prohibiting the furnishing of any such information or particulars which is or are in any respect false or misleading;

(e) Returns showing the quantities respectively of the commodity, or of any ofthe commodities held by the grower at the commencement of the period to which the return relates, produced by him during that period, and held by him at the end thereof and showing the quantity of the commodity, or of any of the commodities disposed of by the grower during such period (stating purposes for which the grower himself has used any thereof and the quantities thereof used for those purposes respectively), and stating the names and addresses of all persons to whom the grower has disposed of any quantities thereof during such period, and the amounts of those quantities respectively; requiring


s. 9

the furnishing to the Board by growers of such returns at any time or from time to time; and prohibiting the furnishing of such a return whi_ch is in any respect false or misleading;

(f) Inspection of books, documents, and records pertaining to the business of any grower who is suspected of having sold, supplied, or otherwise disposed of any of the commodity or commodities, contrary in any respect to the requirements of this Act, and of any person who is suspected of having bought or otherwise obtained, either as principal or agent, any of the commodity or commodities contrary in any respect to the requirements of this Act; authorising, regulating, and controlling entry and re-entry into or upon any land, premises, or place for making such inspections; defining powers of searching for, inspecting and taking copies of, or. extracts from books, documents, and records as aforesaid, and the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised of their powers as aforesaid; and ensuring against the prevention of the exercise, or obstruction in the exercise of, any such powers;

(g) Entry into or upon, and inspection and examination of, any land, premises, or place (and of all structures, vehicles, and things therein or thereon) where there is, or is suspected to be, any of the commodity or commodities; the inspection and examination of any of the commodity or commodities found upon such entry; the seizure of any thereof which is, or is suspected to be, in or on the land, premises, or place (including in or on any structure, vehicle, or thing) in question contrary in any respect to the requirements of this Act or in the course of, or for a purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect and by any person whomsoever of the requirements of this Act; the delivery to the Board of any of the commodity or commodities so seized; defining powers of entry, inspection, examination, and seizure as hereinbefore mentioned in this paragraph; the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised oftQ.ose powers, and ensuring against prevention of the exercise or obstruction in the exercise of those powers;

(h) Records of purchases of the commodity or any of the commodities to be made and kept by persons engaged, whether as principals or agents, in buying and selling the same; the manner of the making and keeping of those records; the place where and time during which they are to be kept; the information and particulars to be thereby recorded; requiring persons hereinbefore mentioned in this


s.9 23

paragraph to make and keep those records; and prohibiting the making or keeping of any such record which is in any respect false or misleading;

(i) The division of the State into zones or, where the commodity is declared to be such under and for the purposes of this Act within specified districts or localities, the division of such districts or localities into zones; determining with reference to a period or periods specified the maximum quantity of the commodity produced in any zone which shall vest in and become the property of the Board or which shall be delivered to the Board or its authorised agents; determining in relation to a grower (the identity of whom may be established by his being in a specified zone, class or area or by any other manner considered sufficient by the Governor in Council) the maximum quantity of the commodity or commodities produced by him which, with reference to a period or periods specified, shall be vested in and become the property of the Board or which shall be delivered to the Board or its authorised agents; declaring with reference to the period or periods specified that in relation to the zone or zones specified (which periods may be specified differently in relation to different zones) the commodity or commodities grown therein shall not vest in and become the property of the Board or shall not be required to be delivered to the Board or its authorised agents;

(j) The pooling of so much of the commodity vested or becoming the property of the Board or delivered to the Board or its authorised agents as was produced in any zone or zones differently from so much thereof as was produced in another zone or other zones, and either with or without reference to a period of time.

With respect to Orders in Council made before the enactment of this subsection, this subsection applies so that every provision of such an Order in Council which this subsection authonses to be made by Order in Council, shall be and be deemed to have always been as valid and effectual as if this subsection had been enacted prior to the making of that Order in Council, save that no person shall, by virtue of the enactment of this paragraph, become liable to be convicted for an offence constituted by an act or omission committed or made by him before the enactment of this paragraph contrarx to a provision to which this paragraph applies of any Order in Counc1l.

Every Order in Council under this subsection, and every license issued by a Board by virtue of an Order in Council under this subsection, shall apply subject to, and so as not to authorise, justify or excuse any act or omission which is an offence against, "The State Transport Facilities Acts, 1946 to 1955," or the regulations thereunder.

(8) Rescission and amendment. Any such Order in Council may be rescinded or, subject to this Act, may be amended by a subsequent Order in Council.

24 s. 9A PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 10

(9) Effect of Order. Every Order in Council made or purporting to be made under this section shall, upon publication in the Gazette, have the same effect as if it were enacted in this Act, and shall be judicially noticed.

As amended by Act of 1928, 19 Geo. 5 No. 8, s. 2 (ii) (a); Act of 1930, 21 Geo. 5 No. 22, s. 5; Act of 1932, 23 Geo. 5 No. 31, s. 4; Act of 1935, 26 Geo. 5 No. 35, s. 4; Act of 1938, 2 Geo. 6 No. 28, s. 7 (1); Act of 1939, 3 Geo. 6 No. 21, s. 4; Act of 1957, 6 Eliz. 2 No.9, s. 2; Act of 1965, No. 12, s. 4; Act of 1972, No. 31, s. 6 First Sch.; Act of 1973, No. 17, s. 5; Act of 1987, No. 57, s. 9 (as construed by Act No. 35 of 1988, s. 10 in certain particulars).

Section 7 (2) of Act of 1938, 2 Geo. 6 No. 28, reads as follows:-(2) The amendment made to the Principal Act by this section shall not affect

the tenure of office of any member including the chairman of a Board in office at the passing of this Act.

9A. (Repealed). Repealed by Act of 1987, No. 57, s. 10.

10. Board may control several commodities. The powers conferred upon the Governor in Council by section 9 of this Act to declare any of the commodities in subsection one of the said section mentioned to be a commodity under and for the purposes of this Act and to constitute a Board in relation to such commodity and otherwise to exercise the powers in the said section vested in him shall, in a case where the Governor in Council thinks it proper so to do, be construed so as to confer upon him the power to declare two or more of the said commodities to be commodities under and for the purposes of this Act, and to constitute a Board in relation to all of the said commodities and otherwise to exercise the powers conferred upon him by the said section in relation to the said commodities and the said Board, so that the said Board shall have the same powers, authorities, duties, and obligations with respect to all the said commodities as if all of them were one and the same commodity:

Provided that in every such case-(a) The provisions of section 9 of this Act shall, as nearly as

practicable, be applied with respect to the said commodities and the said Board and all persons, matters, and things concerned.

(b) Unless the Governor in Council by Order in Council otherwise directs, for the purposes of all matters arising precedent to the making of an Order in Council under section 9 hereof and this section each of the commodities proposed to be so declared to be a commodity under and for the purposes of this Act shall be treated as a separate commodity so that the growers thereof shall have the same right of petition and the same right to request a poll before any such Order in Council is made as if the Board were proposed to be constituted solely for that commodity; in such case, however, if as a result of a poll or polls of the growers of one or

s.lOA PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.lOA 25

more of such commodities the Governor in Council is precluded from declaring that commodity or those commodities to be a commodity or commodities under and for the purposes of this Act, the Governor in Council shall not be precluded from declaring any other commodity or other commodities the growers of which so desire (either by not requesting a poll or by an affirmative vote upon a poll) to be a commodity or commodities under and for the purposes of this Act and constituting a Board therefor.

(c) The powers by this section conferred upon the Governor in Council may be exercised by him so that a new commodity or new commodities may be declared as aforesaid and the same or any of them placed under the control of a Board already constituted for another commodity. In such case the provisions of the last preceding paragraphs (a) and (b) shall be applied as nearly as may be, with such modifications as are necessary to meet the particular circumstances of the case.

(d) In the exercise of the powers by this section conferred upon him, and for the purpose of carrying into full effect the objects and purposes of this Act, the Governor in Council may by Order in Council (whether an original Order or any modification or amendment thereof or a subsequent Order) make all such adjustments and give all such directions as appear to him to be necessary to meet the circumstances. He may also, where a Board is constituted for several commodities, make such provision for the representation of the growers of each of such commodities on the Board as he deems proper.

As amended by Act of 1985, No. 18, s. 5.

lOA. Existing Boards. Notwithstanding anything in this Act contained to the contrary, at any time convenient before the date on which by any Order in Council (or any amendment thereof) the functions of any existing Board under this Act (whether constituted before or after the passing of "The Primary Producers' Organisation and Marketing Act Amendment Act of 1928") shall cease, the Governor in Council may, by Order in Council published in the Gazette and by notification published in at least one newspaper normally circulating in the Board's area of operation, give notice that it is the intention of the Governor in Council to extend the duration of such Board whereby the Board shall continue to function for such extended term from the date as aforesaid as may be specified in such Order in Council giving such notice as aforesaid.

Vote for continuance or otherwise of Board. Moreover the Governor in Council, in such Order in Council giving such notice as aforesaid, may declare that he will receive a petition from the growers of the commodity residing in the district or locality to which the original Order in Council (or any amendment thereof) constituting the Board concerned applies and who are engaged in the production of the

26 s.lOA PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.lOA

commodity concerned and who have supplied their product to the Board concerned, requesting that a vote of such growers may be taken on the question as to whether the functions of the Board concerned shall cease with respect to such commodity on the date as fixed by the original Order in Council (or any amendment thereof) constituting the Board, or whether the Board shall continue to function for such extended term from the date aforesaid as may be specified in the Order in Council giving notice as aforesaid.

If a petition is received within thirty days from the date of publication in the Gazette of the Order in Council giving notice as aforesaid, requesting that a vote be so taken, the Minister may direct that such vote be taken accordingly.

A vote of such growers shall accordingly be taken, and, if less than one-half of the votes polled are in favour of the continuance by the Board of its functions, the Board shall cease to function as at the date fixed by such Order in Council in the first instance.

If, however, not less than one-half of the votes polled are in favour of the continuance by the Board of its functions or if no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section lOB of this Act, then the Governor in Council, by Order in Council published in the Gazette, shall direct and declare that the commodity for which the Board was consitituted shall continue to be a commodity for the purposes of this Act, and, that the Board shall continue to function for such extended time as is specified in the Order in Council giving notice as aforesaid, and such Board shall be and be deemed to be a Board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances, shall apply and extend to such commodity and Board and all persons, things, and matters concerned:

Where no petition or petition not in accordance with section 1 OB is received. Provided always that if within thirty days from the date of the publication in the Gazette of the Order in Council giving notice as aforesaid no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section 1 OB of this Act, then the Governor in Council, without the holding of any vote, shall, by Order in Council published in the Gazette, direct and declare that the commodity for which the Board was constituted shall continue to be a commodity for the purposes of this Act, and that the Board concerned shall continue to function for such extended term as may be specified in the Order in Council giving notice as aforesaid, and such Board shall be and be deemed to be a Board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally

s.lOB PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.lOB 27

or to meet any particular circumstances, shall apply and extend to such commodity and Board and all persons, things, and matters concerned.

Extension of time. For the purposes of this section, the time within which any such existing Board may continue to function is hereby declared to be extended for such additional period as may be required to enable all the provisions of this section to be complied with; and such Board shall so continue to perform its duties and exercise its functions during such extended period accordingly, notwithstanding that its term as fixed by the original Order in Council (or any amendment thereof) constituting the Board concerned has expired.

Orders in Council. Any Order in Council issued or purporting to be issued under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned.

Regulations. The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency.

Where immediately prior to the extension or further extension of the duration of a Board, the commodity in relation to which the Board is constituted is divested from the growers thereof and vested in and the property of the Board, then that commodity shall (unless otherwise provided and declared by the Governor in Council by the Order in Council extending or further extending the duration of the Board) continue to be divested from the growers thereof and to be vested in and the property of the Board during the term for which its duration is extended or further extended, or until sooner otherwise provided and declared by the Governor in Council by Order in Council. With respect to every extension or further extension of the duration of a Board made pursuant to this section before the enactment of this paragraph, this paragraph applies as if it had been enacted prior to the time of the extension or further extension.

As amended by Act of 1928, 19 Geo. 5 No. 8, s. 2 (iii); Act of 1930, 21 Geo. 5 No. 22, s. 6; Act of 1957, 6 Eliz. 2 No.9, s. 3; Act of 1987, No. 57, s. 11.

lOB. Petition for continuance or otherwise of Board. In respect of any petition which may be forwarded to the Governor in Council or the Minister pursuant to the provisions of this Act, requesting that a vote be taken as to whether any existing Board under this Act (whether constituted before or after the passing of "The Primary Producers' Organisation and Marketing Act Amendment Act of 1928") should continue to function or should not continue to function or otherwise, such petition shall not be of any effect nor be taken into consideration unless such petition is signed by not less than ten per centum of the growers engaged in the production of the commodity concerned, and who have supplied their product to the Board accordingly.

Inserted by Act of 1928, 19 Geo. 5 No. 8, s. 2 (iii).

28 s.lOc PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.lOc

lOc. Amalgamation of Boards. Notwithstanding anything in this Act contained to the contrary, the Governor in Council may, by Order in Council published in the Gazette, give notice that it is the intention of the Governor in Council to direct that any Board or Boards constituted or hereafter to be constituted under this Act shall become amalgamated as one Joint Board, whereby such Joint Board shall exercise all the powers and perform all the functions and undertake all the responsibilities of such amalgamated Boards, as a Joint Board accordingly.

Such Order in Council shall also specify the number of members which shall constitute such proposed Joint Board, the appointment or election thereof, and any other matters and things whatever which may be considered necessary under the circumstances.

Vote for amalgamation of Boards. Moreover, the Governor in Council, in such Order in Council giving notice as aforesaid, may declare that he will receive a petition from the prescribed number of growers of the commodities to which any Board proposed to be amalgamated with any other Board or Boards applies, and who are engaged in the production of the commodities concerned, requesting that a vote of such growers may be taken on the question as to whether any such amalgamation as specified in the notice aforesaid shall be approved or not approved.

If a petition is received within thirty days from the date of publication in the Gazette of the Order in Council giving notice as aforesaid requesting that a vote be so taken, the Minister may direct that such vote shall be taken accordingly.

A vote of such growers shall accordingly be taken, and if less than one-half of the votes polled are in favour of such amalgamation of the Boards concerned, such amalgamation shall not be given effect to.

If, however, not less than one-half of the votes polled are in favour of such proposed amalgamation as aforesaid, then the Governor in Council, by Order in Council published in the Gazette, shall direct and declare that the proposed amalgamation of the Boards concerned as specified in the Order in Council giving notice as aforesaid shall be approved and given effect to, and shall specify in the said Order in Council the date as from which such approved amalgamation of the Boards concerned shall take effect.

And from such date, such Joint Board, upon being duly constituted, shall be and be deemed to be a Board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the Joint Board concerned and all persons, things, and matters concerned:

Where no petition or petition not in accordance with prescribed petition received. Provided always that if, within thirty days from the date of the publication in the Gazette of the Order in Council giving notice as aforesaid, no petition is received, or if any petition is received

s.IOc PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. IOc 29

but which is signed by less than any requisite number of the growers concerned as may be prescribed in the Order in Council giving notice as aforesaid (authority to so prescribe being hereby given), then the Governor in Council, without the holding of any vote, shall, by Order in Council published in the Gazette, direct and declare that the proposed amalgamation of the Boards concerned as specified in the Order in Council giving notice as aforesaid shall be approved and given effect to, and shall specify in the said Order in Council the date as from which such approved amalgamation of the Boards concerned shall take effect. And from such date such Joint Board, upon being duly constituted, shall be and be deemed to be a Board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the Joint Board concerned and all persons, things, and matters concerned.

Effect of amalgamation. On the amalgamation of any Boards into a Joint Board pursuant to the provisions of this section, any such Board concerned shall cease to be a Board for the purposes of this Act, and its members, officers, and employees shall go out of office, and any such Board shall cease and determine accordingly: Provided that the Joint Board may appoint any officers and employees which it may consider necessary for the due exercise of its powers and for the performance of its functions.

If upon or within three months after the amalgamation, the Joint Board employs any officer or employee of a Board included in the amalgamation, then for the purpose of determining, in relation to his employment by the Joint Board, the right of such officer or employee to annual leave, sick leave or long service leave, or any other right or privilege had by him in respect of his employment by the Joint Board, the periods ofhis service with the Board and the Joint Board respectively which, if they were one and the same employer, would aggregate unbroken continuous service under and for the purposes of section seventeen of "The Industrial Conciliation and Arbitration Act of 1961", shall be taken into account in calculating the length of his continuous service with the Joint Board:

Provided that in determining any right or privilege of such an employee in relation to his employment by the Joint Board, any period of service had by him with the Board included in the amalgamation in respect whereof he has received that right or privilege shall not be taken into account.

Property and assets, etc. All the property and all other assets of whatever description, and all rights, liabilities, obligations, and contracts of any Board concerned and each of them existing at the date specified in the Order in Council above referred to as from which such approved amalgamation of the Boards concerned into the Joint Board concerned shall take effect, shall, without any transfer, assignment, or conveyance, or notice other than such Order in Council, be divested from the Boards

30 s. lOD PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. lOD

concerned, and shall be vested in and shall attach to and may be enforced by and against the said Joint Board.

All proceedings and things lawfully had and done by the Boards concerned respectively shall be and continue to be in full force and effect to all intents and purposes as if the same had been done by the Joint Board, and if the same are not completed may be continued and completed by the Joint Board.

For the purposes of this section the Committee of Direction constituted under "The Fruit Marketing Organisation Acts, 1923 to 1925" (and any Act amending the same), shall be deemed to be a Board, and the State Wheat Board shall be deemed to be a Board.

Orders in Council. Any Order in Council issued or purporting to be issued under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned.

Regulations. The power to make regulations under this Act shall extend and apply to the provisions of this section and, where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency.

Inserted by Act of 1928, 19 Geo. 5 No.8, s. 2 (iii); as amended by Act of 1962, No. 15, s. 3.

lOD. Further powers of Governor in Council as to Boards. The Governor in Council may, by Order in Council published in the Gazette, extend the provisions of sections lOA or lOc of this Act (either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances) whereby any commodity or class of commodities may be separated from the control of any Board constituted in respect thereof, and dealt with pursuant to any terms, provisions, and stipulations contained in any Order or Orders in Council issued under this section.

The provisions of sections 1 OA and 1 Oc may in like manner be extended to embrace and include any matter concerning the subdivision, reconstruction, or otherwise of any Board under this Act and being the subject of an Order in Council under this section.

For the purposes of this section the Committee of Direction constituted under "The Fruit Marketing Organisation Acts, 1923 to 1925" (and any Act amending the same) shall be deemed to be a Board, and the State Wheat Board shall be deemed to be a Board.

Moreover, the provisions of this section shall be read and construed whereby any of the classes (or part of any class) of fruit as set forth in subsection one of section eleven of "The Fruit Marketing Organisation Acts, 1923 to 1925" (or any Act amending the same), namely:-bananas, pineapples, deciduous fruit, citrus fruit, other fruits-may be separated from the functioning by and control of the Committee of Direction

s.ll PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 11 31

appointed under such last-mentioned Acts, and declared to be a commodity under "The Primary Producers' Organisation and Marketing Acts, 1926 to 1928," in respect of the class (or part of the class) of fruit concerned; and this section and any Order in Council thereunder shall extend and apply accordingly. The Committee of Direction, in respect of the class (or any part of the class) of fruit not dealt with pursuant to the provisions of this section, shall, subject to this Act and "The Fruit Marketing Organisation Acts, 1923 to 1925" (or any Act amending the same}, continue to function in respect of such class (or part of the class) of fruit not so dealt with.

Any such Order in Council issued or purporting to be issued under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned.

The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency.

Inserted by Act of 1928, 19 Geo. 5 No. 8, s. 2 (iii).

11. Commodity Board. (1) The Minister shall, as soon as practicable after the application of this Act to a commodity, appoint a Board, of the prescribed number of elected representatives of the growers of the commodity.

The Minister shall appoint the director of marketing as an additional member thereof in cases where the Board is the Marketing Board for the commodity. ·

The Minister may appoint one or more persons, in every case, with general authority to act in the room of the Director of Marketing during any absence of the said Director, and the fact that any one of those appointees so acts shall be conclusive evidence of the absence of the said Director.

The Minister shall, on the recommendation of the Board pursuant to resolution at their first meeting, appoint one of the members to be chairman of the Board: Provided that on failure of the Board to pass such resolution the Minister shall appoint one of the members to be chairman without such recommendation.

(lA} The Minister may, after consultation with the particular Board, appoint such additional person or persons (but so that the maximum number of persons so appointed and holding office at any one time shall not exceed three), being a person or persons with qualifications or experience relevant to the operations of the particular Board, to be a member or members, as the case may be, of a Marketing Board.


s.ll

In making any such appointment, the Minister shall ensure that in consequence-

(a) a majority of members of the Board are elected representatives of growers;

(b) the chairman is an elected representative of growers; and

(c) no employee of the Board is appointed as an additional member of the Board.

(lB) The Minister may request the Board to supply a panel of names from which the Minister may select the person or persons as described in subsection (lA).

(lc) Subject to this Act, a person or persons appointed to be a member of a Marketing Board pursuant to subsection ( lA) shall hold office for the balance then remaining of the term then ,current of the elected representatives of growers on the Board.

(2) The Board shall not be deemed to represent the Crown for any purpose whatsoever.

(3) Except where the Board is a producer representative body within the meaning of section 30c, the Board shall be called "The [Name of Commodity] Board," or, if the Board has power to undertake the functions of marketing the commodity for which it is constituted, "The (Name of Commodity) Marketing Board" and shall have the powers and perform the duties conferred and imposed upon them by this Act.

Moreover if any Board is constituted for a district or locality its name shall include a word or words indicating such district or locality.

The members of the Board shall be paid such remuneration from the funds of the Board as may be approved.

(3A) A Board may, subject to the approval of the Minister, carry on business under a business name registered under the Business Names Act 1962-1979.

( 4) Removal or suspension from office of chairman. If the Governor in Council is satisfied that the chairman or any member of a Board has contravened or failed to comply with any provision of this Act or of any other Act relating to such Board he may, and whether or not such chairman or member has been convicted of such contravention or omission, remove or suspend such chairman or member from his office as such:

Provided that the chairman of a Board removed or suspended from his office as such under this subsection shall be eligible to continue as a member ofthe Board unless the Governor in Council upon so removing him otherwise directs.

For the purposes of this subsection the Committee of Direction appointed under "The Fruit Marketing Organisation Acts, 1923 to 1934,"

s.llA PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.llA 33

shall be deemed to be a Board, and the State Wheat Board shall be deemed to be a Board.

( 5) The Board shall cause minutes of their decisions to be kept.

( 6) The Board may sue and be sued in its official name.

(7) No act or proceeding purporting to be done or made by the Board shall be or be held to be invalid by reason that the Board was not properly constituted or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the Board.

(8) In the event of any vacancy on any Board arising from the death, resignation or disqualification of any member or from any other cause the Minister may, at his discretion-

(a) if the vacancy is in respect of an elected member(i) appoint a person to fill the vacancy;

or (ii) direct that a by-election be held to fill that vacancy

pursuant to section 52; (b) if the vacancy is in respect of a member appointed pursuant

to subsection (1A), appoint a person in accordance with that subsection,

and the person so elected or appointed shall hold office for the balance then remaining of the term of office of the elected representatives of growers on the Board.

(9) The Minister may request the Board to supply a panel of names from which the Minister may select a replacement member in respect of any vacancy of a kind referred to in subsection (8) (a) (i) or (b).

(10) In the event of any vacancy occurring in the position of chairman of a Board, the Minister shall on the nomination of the Board appoint another elected member of the Board to be chairman for the balance then remaining of the current Board's term of office.

(11) Part A ofthe Second Schedule shall apply in respect of meetings of Marketing Boards.

As amended by Act of 1932, 23 Geo. 5 No. 31, s. 5; Act of 1935, 26 Geo. 5 No. 35, s. 5; Act of 1938, 2 Geo. 6 No. 28, s. 8; Act of 1946, 11 Geo. 6 No. 13, s. 3 (1); Act of 1954, 3 Eliz. 2 No. 29, s. 3; Act of 1987, No. 57, s. 12.

llA. Further powers of Commodity Board. In addition to any other duties and functions conferred and imposed upon it under this Act, a Board appointed with respect to a commodity shall be concerned with the preservation, expansion, and economic well-being of the industry which the Board so represents, and shall be the medium of communication between the Government or, as the case may be, the Council of Agriculture and all persons engaged in or associated with such industry.

Such Board shall take cognizance of all agricultural and marketing problems arising out of or associated with its particular industry, and

34 s.llB PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.llc

may after consideration of any such problem refer the same to the Council of Agriculture.


llB. Failure to elect or appoint representative. If at any time-( a) A Board or group of Boards fails to duly elect its prescribed

representative or representatives on the Council of Agriculture; or

(b) Any association or body of persons fails to elect its prescribed representative or representatives on any Board,

the Governor in Council may notwithstanding such failure to elect, appoint any person or persons to be such prescribed representative or representatives.


llc. Termination of term of office of Board. (1) Notwithstanding any other provisions of this Act, the Governor in Council may by Order in Council terminate the term of office of the chairman and members ofa Board-

(a) if a petition signed by not less than 50 per centum of the growers of the commodity requesting termination of the Board is received by the Minister; and

(b) if-(i) in the opinion of the Governor in Council it is in the

interests of the growers of the particular commodity for the term of office of the chairman and members of the Board to be terminated; or

(ii) a majority of the elected members of a Board have resigned or otherwise vacated their office,

whereupon the chairman and members of the Board shall forthwith vacate office.

(2) The Governor in Council may by the same or a subsequent Order in Council appoint a person to be the Administrator of the Board who shall be deemed to constitute the Board and may exercise and shall discharge the powers, authorities, functions and responsibilities of the Board.

(3) The person appointed as Administrator of a Board pursuant to subsection (2) shall-

(a) hold office until the first meeting ofthe Board held following the appointment of new members of the Board pursuant to subsection (4) or until his appointment is sooner terminated by the Governor in Council; and

(b) be paid such remuneration as may be approved by the · Governor in Council.

s.llD PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.12 35

(4) Where the term of office of the members of a Board is terminated pursuant to subsection ( 1) the Minister shall arrange, at such time as he thinks fit, for the election and appointment of members to the Board.

Inserted by Act of 1984, No. 62, s. 6; as amended by Act of 1987, No. 57, s. 13.

llo. Confidentiality of members of a Board. ( 1) A person who is a member of a Board shall preserve and aid in preserving secrecy in respect of any matter that the Board has determined, by formal resolution, to be a matter which should be treated as confidential and shall not communicate any such matter to any person except-

(a) to the Minister, the Director-General or the Auditor-General; (b) to a lawfully constituted court or tribunal;

or (c) in the course of carrying out his duties in the manner

approved by the Board.

(2) If the Minister is satisfied, following a report of the Board, that a person has contravened the provisions of subsection (1), he may by notice in writing remove that person from office as a member of the Board.


llE. Vacation of office. A person who is a member of a Board shall be deemed to have vacated office as such member-

(a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation;

(b) in the event of his absence, without first obtaining leave of the Board, in writing, from 3 consecutive ordinary meetings of the Board of which notice has been duly given to him;

(c) if he is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors;

(d) if he has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland of an act or omission that if done or made in Queensland would have constituted an indictable office;

(e) if he is removed from office by the Minister for failure to comply with the provisions of section 11D; or

(f) if he is a patient within the meaning of the Mental Health Services Act 1974-1984.


12. Council and Boards not to be concerned in party politics. It shall not be lawful for the Council or for any Board to expend any of its or their funds for any purpose whatsoever in connection with the application of this Act to any commodity which is not a commodity to which this Act applies or in connection with the politics of any political party; nor shall the Council or any Board become affiliated in

36 s.12A PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.13

any way whatsoever with any body, association, or organisation having for its object or any of its objects the support of the politics or programme or aims of any political party.

If at any time the Governor in Council is satisfied that the Council or a Board has contravened any provision of this Act or, in the case of a Board, of any Order in Council, the Governor in Council may, by Order in Council, remove all or any of the members of the Council or, as the case may be, Board and appoint persons to be members thereof in place of the persons so removed.

The Governor in Council may by that Order in Council or by a later Order in Council direct that an election of persons to take the place of the persons removed as aforesaid be held and may give all such directions as he deems necessary with respect to the holding of that election.

Persons appointed by the Governor in Council to take the place of those removed from office as aforesaid shall, subject to this Act, hold office pursuant to such appoinment for the remainder of the term of office of those removed persons unless an election is sooner held as aforesaid when they shall go out of office upon the conclusion of that election.

The Governor in Council may with respect to the Council or a Board which has contravened any provision of this Act or, in the case of a Board, of any Order in Council exercise the powers conferred upon him by this section notwithstanding that the Council or that Board has not been prosecuted or convicted for an offence under this Act in respect of that contravention or that the Council or that Board is not liable to be punished at law as for an offence in respect of that contravention.

Where any producers of a particular commodity to which this Act does not apply are desirous of having this Act applied with respect to such commodity, such producers may with the approval of the Minister form a provisional executive, and such executive may raise funds in such manner as the Minister approves for the purpose of taking any poll as prescribed with respect to such commodity and of discharging all such other financial obligations as may be incurred with respect to the application of this Act to the commodity concerned.

As amended by Act of 1938, 2 Geo. 6 No. 28, s. 11; Act of 1951, 15 Geo. 6 No. 25, s. 2.

12A-12E. (Repealed). Repealed by Act of 1955, 4 Eliz. 2 No. 42, s. 2.

13. General powers of Board. A Board has, and is hereby deemed to have always had the following powers and for the purposes of this Act may exercise all or any of them:-

(i) Purchase, contract for the use of, or otherwise provide and ' hold any land which may be required by the Board, and

any personal property whatsoever;

s.13A PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.13A 37

(ii) Contract for the use of or erect or otherwise provide any buildings or structures, and repair, equip, furnish, and maintain the same;

(iii) Dispose of any property held by them under the foregoing provisions in paragraphs (i) and (ii) contained, for such price and on such terms and conditions as to the Board seem proper or as may be prescribed;

(iiiA) To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments and with the prior approval of the Minister given either generally or in a particular case to-

(a) acquire, hold and dispose of shares in a corporation, being a corporation within the meaning of the Companies (Queensland) Code;

(b) engage in futures commodity exchange trading in any items listed on a futures exchange;

(c) guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or take or otherwise acquire and hold shares in an association registered under the Primary Producers' Co-operative Associations Act 1923-1981; and

(d) engage in financial hedging operations in relation to the Board's expected returns, liabilities or assets;

(iv) Take such action as may be approved for, and co-operate with the Department of Primary Industries, the Council of Agriculture, and other approved bodies and persons in,-

(a) Studying markets, accumulating data regarding marketing processes and costs, disseminating correct market information, and eliminating waste and unnecessary marketing expenses;

(b) Generally doing all such things and taking all such steps as may from time to time be approved for the protection, advancement, or furtherance of the industry in respect of which it was constituted and/or of the producers engaged in that industry.

The State Wheat Board, the Committee of Direction of Fruit Marketing and the Council shall each be deemed to be a Board for the purposes of provision (iiiA) of this section.

As amended by Act of 1938, 2 Geo. 6 No. 28, s. 12; Act of 1939, 3 Geo. 6 No. 21, s. 5; Act of 1973, No. 17, s. 6; Act of 1979, No.6, s. 3; Act of 1981, No. 38, s. 4; Act of 1981, No. 111, s. 23 Sch.; Act of 1983, No. 24, s. 3; Act of 1987, No. 57, s. 15.

13A. Fraud by officers etc., of Board. If an officer of a Board or any other person on its behalf signs, issues or authorizes to be signed or issued on behalf of the Board any bill of exchange, promissory note,

38 s.13B PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 14

cheque or other negotiable instrument or any endorsement, order, receipt or letter of credit wherein the name of the Board is not mentioned, he shall be guilty of an offence against this Act and where he has so signed, issued or authorized he shall in addition be liable to the holder of the instrument or order for the amount due thereon unless it is paid by the Board.


13B. Powers of Affiliated Body. (1) An Affiliated Body shall not act in concert or association with a Board in any matter in which the Board itself does not have the power to act unless the Minister gives approval in writing for such Affiliated Body so to act.

(2) An approval pursuant to the provisions of subsection (1) may be granted-

(a) in respect of-(i) a specific power or matter; or

(ii) a number of specific powers or matters; (b) for a specific period or without limit of time.

(3) An approval pursuant to the provisions of subsection (1) may be revoked at any time by the Minister in writing addressed to the Chief Executive Officer of the Affiliated Body at the registered office of that body.


13c. Minister's directions. ( 1) The Minister may from time to time prepare and issue instructions to a Board or an Affiliated Body (hereinafter referred to as "the Minister's directions") in respect of-

(a) the principles, practice and procedure to be observed in the establishment and maintenance of accounts;

(b) the form and content of the annual statement of accounts; (c) the form and content of the annual report; and (d) any other related matter as may be prescribed.

(2) The Minister may at any time amend, alter or vary the Minister's directions so issued.

(3) A Board and an Affiliated Body shall comply with the Minister's directions.

(4) The Director of Marketing shall report to the Minister every instance which comes to his notice of the failure of a Board or an Affiliated Body to comply with the Minister's directions.


MARKETING POWERS, ETC.

14. Powers of Marketing Board. (1) Subject to this Act a Marketing Board may market or arrange for the marketing of the commodity and do all acts, matters, and things necessary or expedient in that behalf


s.14 39

accordingly; and in particular, but without limiting the generality of the foregoing powers, may-

(i) Appoint, employ, or authorise such officer, servant, and other persons as are necessary; and

(ii) Appoint, employ, or authorise such agents as are deemed necessary and imposing such conditions of agency as the Board may deem proper, or as may be approved, or as may be presecibed;

(iii) (Repealed); and (iv) As far as practicable provide the commodity for consumption

in Queensland, and for its supply during any period of shortage to those places within Queensland wherein a shortage is experienced; and

(v) Make such arrangements as they deem necessary with regard to sales of the commodity for export or for consignment to other countries or States: for the purposes of this provision a sale of the commodity for oversea ships' stores shall be deemed to be a sale for export; and

(vi) Receive and consider any petition signed by not less than one hundred consumers of the commodity in the district or locality to which the Order in Council applies;

(vii) Notwithstanding any Act or law to the contrary, take no cognizance of, nor be compellable to pay any order given by any grower of the commodity to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of the moneys due to such grower on account of the commodity by such Board;

(viii) Subject to the approval of the Governor in Council, process, manufacture, prepare, or treat, or make arrangements for the processing, manufacture, preparation, or treatment of, the commodity or any part thereof, and do all such acts, matters, and things as may be necessary or expedient for the processing, manufacture, preparation, or treatment of the commodity, or any part thereof and/or for the sale of the treated commodity or any product derived from such processing, manufacture, or preparation. The State Wheat Board shall be deemed to be a Marketing Board for the purposes of this paragraph;

(ix) [insure]* the commodity against physical loss or damage; and

(x) [operate]* laboratory and testing facilities.

(2) Subject to the prior approval of the Minister, a Marketing Board may from time to time (whether that Board is constituted for a district or locality or not) on behalf and at the request of the growers or any person representing the growers thereof sell or arrange for the sale of a commodity of the same kind as the commodity in relation to which the Board is constituted and in relation to which no other Marketing Board is then constituted under this Act, whether grown or produced in Queensland or not, and make such charges for its services

*Sic

40 s.14A PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 14A

in that behalf as it may from time to time determine. The State Wheat Board shall be deemed to be a Marketing Board for the purposes of this paragraph.

(3) A Marketing Board may-(a) supply, sell or otherwise make available to growers seed,

planting material and such other services as may be approved, on such conditions and at such price as determined by the Board; and

(b) act as an agent for the supply or sale to growers of seed, planting material and such other services as may be approved. "

(4) When a Marketing Board has facilities, resources and property that are not at the material time required to be used exclusively for the storage, handling, grading, testing or processing of the commodity or commodities under its control, the Board may use such facilities, resources and property to store, handle, grade, test or, subject to the approval of the Minister in writing, process other commodities, produce or products, and for those purposes only-

(a) shall do all acts, matters and things that are necessary or expedient;

(b) may make such charges for its services, at least equal to the costs of providing those services, as it may from time to time determine; and

(c) shall have the same powers, in respect only of such storing, handling, grading, testing or processing, as it would have had if any such commodity, produce or product, as the case may be, were a commodity under the control of the Board.

For the purposes of this subsection, the State Wheat Board shall be deemed to be a Marketing Board.

As amended by Act of 1932, 23 Geo. 5 No. 31, s. 6; Act of 1941, 5 Geo. 6 No. 14, s. 2 (1); Act of 1951, 15 Geo. 6 No. 25, s. 4; Act of 1954, 3 Eliz. 2 No. 29, s. 4; Act of 1955, 4 Eliz. 2 No. 42, s. 3; Act of 1973, No. 17, s. 7; Act of 1987, No. 57, s. 16.

14A. Marketing Board to insure against defalcations by agent. (1) Every Marketing Board shall insure, and keep itself insured at all times, with the Insurance Commissioner or some insurer within the meaning of "The Insurance Acts, 1916 to 1934," against the failure of any agent of such Board to duly pay to the Board all moneys so payable by him as such agent.

(2) Every Board shall take and keep in force sufficient security from the Insurance Commissioner or some insurer licensed under "The Insurance Acts, 1916 to 1934," for the faithful execution of his office by any officer entrusted by such Board with the custody or control of moneys by virtue of his office.

(3) The Committee of Direction appointed under "The Fruit Marketing Organisation Acts, 1923 to 1934," and the State Wheat Board


s. 14c 41

shall each be deemed to be a Board for the purposes of both subsection one and subsection two of this section, and the Brisbane Milk Board constituted for the Brisbane Milk District under "The Milk Supply Act of 1938" and Queensland Commercial Fishermen's State Council constituted under this Act shall each be deemed to be a Board for the purposes of subsection two of this section.

(4) Any Board within the meaning of this section may apply to the Director-General for exemption from complying with subsection one of this section or for a limitation of its obligation to insure and keep itself insured in terms of the said subsection one.

The Director-General may make such recommendation respecting such application as he shall think fit to the Minister, who shall refer same to the Governor in Council.

Subject to a recommendation by the Director-General in that behalf, the Governor in Council may from time to time by Order in Council exempt any Board within the meaning of this section from complying with subsection one of this section or may limit the obligation of any such Board to insure and keep itself insured in terms of the said subsection one to an amount stated in such Order in Council:

Provided that the Governor in Council may by a later Order in Council repeal or modify any Order in Council made under this subsection.

Inserted by Act of 1938, 2 Geo. 6 No. 28, s. 13; as amended by Act of 1939, 3 Geo. 6 No. 21, s. 6; Act of 1973, No. 17, s. 8; Act of 1987, No. 57, s. 17.

14B. Marketing Board to be corporation for certain purpose. For the purpose of section 206 of the Land Act 1962-1978 a Marketing Board shall be deemed to be and at all times to have been a body corporate constituted by an Act with power to take, acquire, purchase and hold land.

Inserted by Act of 1981, No; 38, s. 5.

· 14c. Marketing Board may offer book debts and commodity as security. (1) Where a Marketing Board borrows any money pursuant to the powers conferred upon it by this Act for the purpose of making or arranging for advances on account of the commodity delivered to the Board it may offer as security the book debts of the Board, the commodity held or to be held by the Board and any property (real or personal) held or to be held by the Board.

(2) Where, pursuant to subsection (1), a Marketing Board offers the commodity held or to be held by it as security for a debt then any charge or mortgage had over the commodity as a result of the acceptance of that offer shall have priority over every prior bill of sale, mortgage, charge, lien or other encumbrance granted or created over any of the commodity by the grower thereof.

(3) When a Marketing Board executes a charge or mortgage over a commodity as a result of the acceptance of an offer by the Marketing Board of the commodity as security for a debt and thereby assigns part

42 s.14D PRIMARY PRODUCERS' ORGANISATION AND . MARKETING ACT 1926-1987

s. 14F

of the commodity that is not then in existence, the property in that part of the commodity shall pass pursuant to the assignment immediately that part of the commodity comes into existence.


14D. Financial arrangements. A Board may-(a) borrow or raise money from or otherwise enter into financial

arrangements with any one or more of the following:-(i) the Treasurer of the Commonwealth or of the State;

(ii) the Queensland Government Development Authority and the Queensland Industry Development Corporation;

(iii) the Reserve Bank of Australia; (iv) any bank; (v) any other person, body or institution as may be approved

by the Minister; (b) draw, make, accept, endorse, discount, execute and issue:

(i) bills of exchange; (ii) promissory notes;

(iii) bankers' acceptances; (iv) bills of lading; (v) other transferable or negotiable instruments;

(c) obtain finance by way of overdraft; (d) borrow or raise money by way of the sale or issue of:

(i) debentures; (ii) bonds;

(iii) inscribed stock; (iv) other securities approved by the Treasurer;

(e) enter into lease finance arrangements; and

(f) enter into such other financial arrangements as may be approved by the Governor in Council.


14E. Debentures, bonds and stock. Section 25 of the Statutory Bodies Financial Arrangements Act 1982-1984 applies in respect of a Board.


14F. Other Marketing Arrangements. A Marketing Board may, subject to the prior approval of the Minister, purchase from any person or body as may be approved, a product, whether produced in Queensland or not, which, if produced within the Board's area of operations, would be a commodity within the meaning of this Act if-

( a) the Board is unable to supply on a sales contract from within its area of operation; or


s.15 43

(b) the Board considers that it is necessary or expedient to supplement the supply of the commodity in order to meet demand.


15. (1) All the commodity to be delivered to Marketing Board. Save as hereinafter prescribed, all the commodity shall be delivered by the growers thereof to the Marketing Board or their authorised agents within such times, at such places, and in such manner as the Board may fix, or as may be prescribed.

(2) All the commodity so delivered shall be deemed to have been delivered to the Board for marketing by the Board on behalf of the growers thereof.

(3) Prohibition on sales, etc., except to Board. Any person who, save as hereinafter prescribed sells or delivers any of the commodity to or buys or receives any of the commodity from any person other than the Board shall be guilty of an offence against this Act and liable-

( a) for a first offence, to a penalty of not exceeding 20 penalty units;

(b) for a second such offence, to a penalty of not exceeding 100 penalty units;

(c) for a third or subsequent such offence, to a penalty of not exceeding 200 penalty units.

(4) Exemptions. The Board may, in such cases and on such terms and conditions as may be prescribed or approved by the Minister, exempt (either generally or in any particular case) from the operation of this section-

( a) Such small growers of the comme>dity as the Board think fit;

(b) Sales of the commodity direct to local consumers or to retail vendors;

(c) Such portion of the commodity as the grower may require for his own use as seed or for food for his family or his live stock; and

(d) Such other sales, deliveries, purchases or receivals of the commodity as may be prescribed or approved by the Minister.

(5) The Board's decision as to whether any specified person or article falls within the limits of any such exemption shall be final.

(6) The Board may at any time, by notification published in the Gazette, revoke any such exemption.

(7) This section shall not apply in respect of any commodity or any part thereof which, by virtue of this Act, does not vest in and become the property of the Board concerned or which is not required to be delivered to the Board or its authorised agents.

As amended by Act of 1928, 19 Geo. 5 No. 8, s. 2 (iv); Act of 1965, No. 12, s. 5; Act of 1987, No. 57, s. 19 (as construed by Act No. 35 of 1988, s. 10 in certain particulars).


s. 18

16. Delivery in name of grower. All the commodity delivered to a Board shall be delivered in the name of the grower thereof, and if so prescribed such grower shall tender with each consignment of the commodity intended for delivery to the Board a certificate of merchantable quality from a State grading officer or other officer appointed in that behalf, indicating the quality of the commodity comprised in the consignment.

Any person who fails to comply with this section shall be guilty of an offence against this Act.

17. Tender evidence of intention to deliver. The tendering of the commodity by any person (whether by himself or by any other person authorised by him) to an authorised agent, for acceptance of delivery by him, shall be prima facie evidence of an intention to deliver the tendered commodity to the Board to be disposed of by the Board in accordance with this Act.

18. (1) Acceptance by Board, etc. A Marketing Board shall not refuse to accept from any grower any of the commodity which is of the prescribed quality, or which conforms to the prescribed standard, or (when so prescribed) for which a certificate of merchantable quality from a State grading officer or other officer appointed in that behalf has been obtained and tendered with the commodity, provided that the commodity is delivered in accordance with this Act within such reasonable times as shall be fixed by the Board:

Provided that a Marketing Board may refuse to accept any of the commodity which, by virtue of this Act, does not vest in and become the property of such Board or is not required to be delivered to the Board or its authorised agents.

(2) Payments to grower. Subject to this Act a Board shall, out of the proceeds of the commodity disposed of by the Board under this Act, make payment to each grower of the commodity delivered to the Board who has complied with the requirements of any notice issued pursuant to section 25-

(a) (If included in a separate pool as provided for in subsection (7)) that proportion of the net proceeds of the sale of all the commodity included in that separate pool which the amount of the commodity supplied by the grower included in such separate pool bears to all of the commodity included in such separate pool;

(b) in any other case, that proportion of the net proceeds of the sale of all the commodity which the amount of the commodity supplied by the grower bears to all of the commodity,

with proper allowance for differences in the quality of the commodity:


s.18 45

Provided that where-(c) a grower to whom no payment has been made by the Board

pursuant to the provisions of subparagraphs (a) or (b) of this subsection signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement under those provisions to pool payments for the commodity delivered by him to the Board; or

(d) a grower to whom total payment has not been made by the Board pursuant to the provisions of subparagraphs (a) or (b) of this subsection signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement pursuant to those provisions to payment of the balance of pool payments or part thereof for the commodity delivered by him to the Board,

he Board may make payment of the amount determined by the Board o the grower who shall be deemed to have accepted that amount in ull satisfaction and discharge of his entitlement under this subsection.

(2A) Surplus to be credited. A surplus of moneys which arises from he operation by the Board of the payment schemes or any of them mrsuant to subsection (2) shall be placed to the credit of a Cash >ayment Scheme Reserve Account which account may be drawn upon n the manner approved or prescribed.

(2B) Loss recoverable. Notwithstanding the provisions of subsection 2) where the Board sustains a loss of moneys arising from the operation >y the Board of the payment schemes or any of them pursuant to ubsection (2), as a result of the overpayment by the Board to growers >f payments, the Board may-

( a) recover from each grower concerned in that overpayment, in any court of competent jurisdiction, the amount by which each grower has been overpaid as a debt due and owing to the Board; or

(b) with the prior approval of the Minister, utilize funds standing to the credit of the Cash Payment Scheme Reserve Account to meet that loss of moneys.

(3) Decision as to quality, etc. For the purpose of ascertaining the tet price to be paid to the growers of the commodity delivered to the ~oard, and generally for the purposes of this Act, the Board's decision ,s to the quality or standard of such commodity, the method of letermining the deductions, dockages, premiums or other adjustments, :ost of freight from trucking point to customary shipping port, and ,ther charges, all expenditure incurred in and about the marketing of he commodity, and generally the method of the determining of and cctually what is the net price, shall be final.


s.18

( 4) The Board shall pay to every grower the value of so much of his commodity which has been stacked, stored, or otherwise dealt with in the prescribed manner so as to be ready for delivery to the Board, and which thereafter, through no fault of the grower, has been damaged or destroyed before such delivery.

(5) A Board may-(a) with the prior approval in writing of the Minister, establish

and maintain a reserve fund or reserve funds for such purposes as may be prescribed or, so far as is not so prescribed, as may be approved; and

(b) with the prior approval of the Minister in each case, establish a reserve fund account or accounts in respect of the fund or funds,

and may draw upon that fund or those funds in connexion with the business of the Board in such manner as may be prescribed or, so far as is not so prescribed, as may be approved.

The Board may, with the prior approval in writing of the Minister, deduct from the net proceeds from the sales of the commodity for any one year or season and place into a reserve account or reserve accounts, an amount not exceeding five per centum of those net proceeds.

Where-( a) the Board operates a payment scheme in accordance with

subsection (2), it may make that deduction from the net proceeds of sale;

(b) the Board operates a payment arrangement approved pursuant to section 18A or 18B, it may make that deduction in such manner as is approved.

The Minister may from time to time issue a direction to the Board in respect of the level of liquidity of reserve funds to be maintained by the Board and the Board shall comply with any such directions.

The Board may transfer moneys, received by the Board, that do not form part of the proceeds of sale of the commodity to a reserve fund approved pursuant to this subsection.

(6) For the purposes of subsection (5) the State Wheat Board shall be deemed to be a Board.

(7) Without limiting the generality of subsection (2), a Board may in any year or season operate separate pools in accordance with this Act on the basis of any one or more of the following:-

(a) time of delivery; (b) zone or area of production of the commodity; (c) quality, grade or variety of the commodity; (d) any such other manner as may be prescribed or, if no such

manner is prescribed, as may be approved.


s.18B 47

(8) Before any payment is made to a grower pursuant to this Act, or to any person entitled to receive payment in lieu of a grower pursuant to section 22 or 23A, the Board may deduct from such payment the debts due and owing by that grower of a kind and in the order of priority specified in subparagraphs (a) and (b):-

(a) First, debts due and owing to the Crown, or to any person or body representing the Crown;

(b) Secondly, debts due and owing to the Board.

(9) Where, at the end of a financial year, any portion of the commodity delivered to the Board during that financial year or pool period remains unsold, the Board may by resolution-

(a) determine, with reference to prevailing conditions and marketing costs, an amount as being the market value of the portion;

(b) make such adjustments in the accounts of the Board as will result in a credit being made in respect of that financial year or pool period, as the case may be, of an amount equal to that market value and a corresponding debit being made in respect of the subsequent financial year or pool period, as the case may be; and

(c) thereafter treat that portion as having been delivered to the Board in that subsequent financial year or pool period, as the case may be.

As amended by Act of 1932, 23 Geo. 5 No. 31, s. 7; Act of 1965, No. 12, s. 6; Act of 1979, No. 6 s. 5; Act of 1983, No. 24, s. 5; Act of 1987, No. 57, s. 20.

18A. Variation of payment arrangements. (1) The Governor in Council may, following a request in writing by a Board to the Minister, by Order in Council approve of such variations of the payment arrangements, prescribed by section 18 (2), in respect of the commodity for which the Board is constituted, as may be necessary to ensure that growers of that commodity receive such payments from the net proceeds of sale of the commodity produced by that grower and marketed by the Board, as reflect the proper market value of the commodity having regard to the marketing arrangements adopted by the Board concerned.

(2) The payment arrangements with growers operated by The Tobacco Leaf Marketing Board, The Egg Marketing Board, The Central Queensland Egg Marketing Board and The Butter Marketing Board immediately prior to the commencement of section 21 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 are hereby specifically approved and deemed to be a valid exercise of power under this Act:

Provided that the Governor in Council may, by Order in Council, suspend or modify any such payment arrangements.

Inserted by Act of 1987, No. 57, s. 21 (as from 11 May 1987).

18B. Marketing arrangements for individual growers. ( 1) The Governor in Council may, by Order in Council, approve of the

48 s.18B PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.18B

implementation of a scheme whereby a Marketing Board may, subject to such terms, details and conditions in relation thereto as are specified in that or a subsequent Order in Council, arrange or facilitate on behalf of a grower the pricing of such quantity or proportion as is prescribed or, so far as is not prescribed, as approved, of the commodity produced by that grower and to be sold by the Board by reference to a price listed or quoted-

(a) on a futures exchange; (b) in an approved commodity market;

or (c) by the Board after being determined

(i) as prescribed; (ii) so far as is not prescribed, as approved;

or (iii) so far as is neither approved or prescribed, as deemed

appropriate by the Board, and any such Order in Council shall take effect according to its tenor.

(2) In respect of the quantity or proportion of the commodity dealt with pursuant to subsection (1}, the Board may, subject to such terms and conditions as may be specified by the Governor in Council, on behalf of the grower enter into such contracts on a futures exchange or in an approved commodity market and into such currency hedging operations as it considers necessary to give effect to the scheme.

(3) In respect of the quantity or proportion ofth~ commodity dealt with pursuant to subsection (1), the Governor in Council may by Order in Council suspend or modify any payment arrangements authorised by this Act and may provide that a grower entering a scheme approved pursuant to subsection (1) shall have no claim for payment under any other section of this Act and such Order in Council shall take effect according to its tenor.

( 4) The Minister may limit the quantity or proportion of the commodity produced by a grower to be dealt with pursuant to this section by reference to any criteria that the Minister considers to be appropriate.

(5) Where a quantity or proportion of the commodity of a grower is dealt with pursuant to subsection (1)-

(a) that grower shall be fully responsible for any costs or losses arising therefrom incurred on his behalf by the Board; and

(b) the Board may require the grower to lodge with the Board a fidelity bond, bank guarantee or other form of security in relation to the grower's obligations as the Board may determine.

s.ISc PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.l9 49

(6) It shall not be competent to the Board to use money from a general reserve fund to make or supplement any payment to a grower in respect of any arrangements of a kind referred to in subsection (1 ).

(7) This section shall not be construed so as to relieve a grower from his obligations under section 15 in respect of such quantity or proportion of the commodity of the grower as is not dealt with pursuant to this section.

(8) The pricing schemes of the kind referred to in subsection (1) implemented by The Cotton Marketing Board, with the approval of the Minister, on or after 11 May 1987 and prior to the date of commencement of section 1 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987, and in existence at that date of commencement, shall be deemed to be a valid exercise of power under this section, notwithstanding that the approval of the Governor in Council, by Order in Council, has been obtained after the date or dates on which those schemes were implemented.

Inserted by Act of 1987, No. 57, s. 21 (as from 11 May 1987).

18c. Board may contract with grower. (1) Notwithstanding any other provision of this Act, a Board may contract with a grower to receive a part or all of the commodity produced by that grower for inclusion in any payment or marketing scheme authorised under this Act and subject to such other terms and conditions as the Board may determine.

(2) Without limiting the generality of subsection (1), a Board may, as consideration in respect of such a contract, provide for-

( a) the supply to the grower of seed, planting material and other services including arrangements as to discounts and terms of credit;

(b) inclusion of the commodity supplied to the Board in a specified payment or marketing scheme or arrangement authorised under this Act; and

(c) such other terms and conditions as are not inconsistent with the provisions of this Act.

(3) A Board may offer different payment or marketing schemes or arrangements in respect of different classes of the contracts referred to in subsection ( 1 ).

(4) This section shall not be construed so as to relieve a grower from his obligations in respect of the commodity under section 15.

Inserted by Act of 1987, No. 57, s. 21 (as from II May 1987).

19. Issue of certificates and payment in connection with commodity delivered to Board. (1) As soon as practicable after the receipt of any commodity, the Board shall issue to the grower thereof a certificate in the prescribed form: Provided that the Board, if they have received notice of any mortgage, charge, lien, or encumbrance over or contract


s.22

relating to such commodity, may in their discretion refuse or withhold the issue of such certificate.

(2) Where the commodity is grown under a share-farming agreement the Board may, in their discretion, issue a separate certificate to each of the parties to such agreement.

(3) Such certificate shall not be transferable, except by way of security approved by the Board.

(4) The Board may make or arrange for advances on account of the commodity delivered to the Board, and any such advances and any payment made on account of such commodity may be made at such time or times, and on such terms and conditions, and in such manner, as the Board may think fit.

20. (1) Contracts for sale of commodity. Every contract which is made in or outside of Queensland, whether before or after the extension of this Act to the commodity, so far as it relates to the sale of the commodity for delivery in or out of Queensland, shall, when specified by the Marketing Board in a notification published in the Gazette, be and is hereby declared to be and to have been void and of no effect as from the date upon which it was made, so far as such contract has not been completed by delivery at the date of such notification: Provided that for the purposes of this section any such contract shall be deemed to be severable.

(2) Any transaction or contract with respect to any commodity which is the subject-matter of any contract or part of a contract declared by this section to be void shall also be void and of no effect, and any money paid in respect of any contract or part of a contract hereby made void or of any such transaction shall, to the extent to which the said contract or transaction is made void, be repaid.

(3) Interstate contracts excluded. Nothing in this section shall apply to a commodity the subject of an interstate contract.

21. Power of Railway Commissioner, etc., to refuse to carry. Notwithstanding anything in "The Railways Act of 1914," or the law relating to common carriers, or any agreement to the contrary (whether made before or after the extension of this Act to the commodity), the Queensland Commissioner for Railways and any common carrier and any owner, charterer, master, or agent of any ship may, on the request of the Marketing Board, without incurring liability, refuse to carry any of the commodity (not the subject of an interstate contract) from any place in Queensland to any other place in Queensland, or, except as prescribed, to deliver any of the commodity.

22. Remedy against Board confined to claim for an account. No action for damages shall be brought against the Marketing Board or any person acting under their authority by any person claiming to be entitled to any bill of sale, mortgage, charge, lien (including any lien on crops under the Bills of Sale and Other Instruments Act 1955-1981)


S. 23A 51

or other encumbrance whatsoever of or upon or over any of the commodity or claiming to be the true owner of the commodity:

Provided that any person who but for this section might have brought any such action may adopt the delivery of the commodity to the Board as a delivery thereof by him to the Board, and may claim accordingly for an account of the payments due in respect thereof.

Notice of lien, etc., to be given to Board. But notwithstanding anything in the Bills of Sale and Other Instruments Act 1955-1981 or any other Act, or any rule of law to the contrary, any such person shall not be entitled to claim as aforesaid for an account of the payments due in respect of the commodity, or any part of such payments, unless he has given prior notice in writing to the Board in the form and containing the particulars prescribed of such bill of sale, mortgage, charge, lien, or other encumbrance, or claim of ownership, and then only for such part of such moneys as has not been paid to other persons at the time of the receipt by the Board of such notice.


23. Duty to give notice of encumbrances, etc., on delivery thereof. (1) Every grower of the commodity which is subject to any bill of sale, mortgage, charge, lien, or encumbrance referred to in the last preceding section, or in respect of which or of the crop from which the same was harvested he has entered into any contract in derogration of his title to sell the commodity as the absolute owner thereof (and whether such bill of sale, mortgage, charge, lien, or encumbrance or contract was made before or after the extension of this Act to the commodity), shall, when delivering the commodity to the Board, give to the person receiving the commodity on behalf of the Board a notice in writing in the prescribed form of every such bill of sale, mortgage, charge, lien, or encumbrance or contract.

(2) A notice given in respect of a delivery made to any person receiving the commodity on behalf of the Board at one railway station or place of delivery shall not be deemed to be a compliance with this section in respect of a delivery made to any other person receiving the commodity on behalf of the Board at the same or any other railway station or place of delivery.

(3) Any person wilfully guilty of a failure to comply with any of the provisions of this section shall be guilty of an offence against this Act.

23A. ( 1) Priority of order for payment of harvesting costs. In addition to but without in any wise limiting the provisions of "The Wages Act of 1918," and notwithstanding any Act or law or rule or process of law to the contrary, any order of which the Board has written notice given by a grower of a commodity to pay any portion of the moneys due to such grower by the Board on account of the commodity to any person for and in respect of the cost of harvesting and/or carrying away such


s. 25

commodity from the crop shall be and constitute a charge upon such moneys and shall be paid by the Board before-

(a) Any payment due in respect of such commodity for which the Board is accountable to any person whomsoever by virtue of the provisions of section twenty-two of this Act; or

(b) Any order of which the Board has taken cognizance to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of such moneys.

(2) Grower to give notice of order for payment of harvesting costs. Every grower of a commodity who has given any order to pay any portion of the moneys due to such grower by a Board on account of the commodity to any person for and in respect ofthe cost of harvesting and/or carrying away such commodity from the crop shall, when delivering the commodity to the Board, give to the person receiving the commodity on behalf of the Board notice in writing of such order.

(3) For the purposes of this section the State Wheat Board shall be deemed to be a Board, and the Committee of Direction constituted under "The Fruit Marketing Organisation Acts, 1923 to 1934," shall be deemed to be a Board.


24. Non-liability of Board for payments in good faith, etc. Where the Marketing Board in good faith has made any payment-

(a) To a grower delivering any of the commodity to the Board or any person acting under their authority; or

(b) To any person entitled or claiming to .be entitled through such grower; or

(c) To any person on the order of such grower or last-mentioned person;

the Board shall not be answerable to any other person in respect of such payment for the commodity or any part thereof or in any action, claim, or demand whatsoever for damages or otherwise.

RETURNS, ETC.

25. Board may require growers and holders to furnish returns. ( 1) The Board may from time to time, by notice in the Gazette and two newspapers published in the State, require growers of the commodity and holders of the commodity to furnish a return in the form specified in such notice, showing the quantity of the commodity grown or held at any time specified in such notice, and setting forth such other particulars (if any) as may be specified therein.

(2) Any grower or holder who fails to comply with any of the requirements of such notice, or who wilfully furnishes any false or misleading return, shall be guilty of an offence against this Act.


S. 27B 53

26. Protection of the Crown etc. No action, claim, or demand whatsoever shall lie, or be made or allowed by or in favour of any person whomsoever, against the Crown, the Minister, the Director of Marketing, a person acting in the room of the Director of Marketing in accordance with section 11 (1), a person who is a member of a subsidiary body within the meaning of section 30E, the Council or (save as in this Act is expressly provided) a Board or any officer or person acting in the execution of this Act, for or in respect of any damage or loss or injury sustained or alleged to be sustained by reason of the passing of this Act or the extension of this Act to a commodity, or of its operation, or of anything done or purporting to be done thereunder.


27. Financial Administration. Notwithstanding any other Act, the provisions of Part IIA of the Financial Administration and Audit Act 1977-1985 apply to a Board and the Council as if each of those bodies were a statutory body within the meaning of that Act.


27A. Unclaimed moneys. (1) A Board may transfer to such of its funds as may be approved by the Minister any moneys which have remained unclaimed in its hands for not less than three years, and thereupon such moneys shall become and be the property of the Board.

If at any time subsequent to such transfer, any person establishes a claim to such moneys the Board may, with the approval of the Minister, make payment thereof to him from the fund or funds whereto such moneys were transferred.

(2) For the purposes of this section The Committee of Direction of Fruit Marketing constituted under The Fruit Marketing Organisation Acts 1923 to 1964, and the State Wheat Board shall each be deemed to be a Board.

Inserted by Act of 1962, No. 15, s. 4; as amended by Act of 1973, No. 17, s. 10; Act of 1979, No. 6, s. 7.

27B. Investment of moneys. (1) Subject to this section a Board may from time to time invest moneys standing to the credit of any account or fund kept by it under this Act and not required for the time being for the purposes of this Act-

( a) in securities of or guaranteed by the Government of the Commonwealth or of a State or Territory of the Commonwealth;

(b) with or on deposit with a bank or in securities issued, guaranteed or accepted by a bank;

(c) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort;

(d) with the prior approval of the Minister and the Treasurer, by way of loan to or in the securities of any statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982;

54 s. 27c PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.29

(e) in such other securities, investments or other financial arrangements as may be recommended by the Treasurer and approved by the Governor in Council:

Provided that no such investment shall have a term in excess of 12 months without the prior approval of the Treasurer.

(2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held either by the Board concerned or by the Treasurer on behalf of such Board or in such other manner as is approved by the Treasurer.

(2A) An approval pursuant to the provisions of subsections (1) or (2) may be granted-

(a) in respect of-(i) a specific security, investment or other financial

arrangement; (ii) all securities, investments or other financial arrangements

of a specific kind or class; or (iii) all securities, investments and other financial arrangements

of the Board; (b) for a specific period or without limit of time.

(3) For the purposes of this section, the Committee of Direction of Fruit Marketing and the Cannery Board both constituted under the Fruit Marketing Organisation Acts 1923-1980, and the State Wheat Board and any other body (corporate or unincorporate) constituted by or under this Act shall be deemed to be a Board.

Inserted by Act of 1973, No. 17, s. 11; as amended by Act of 1979, No.6, s. 8; Act of 1983, No. 24, s. 6.

27c, 27n. (Repealed). Repealed by Act of 1987, No. 57, s. 25.

28. (Repealed). Repealed by Act of 1987, No. 57, s. 25.

LEVY BY BOARD

29. (1) Board may make levy. The Board, with the prior approval of the Minister, may from time to time make a levy in respect of the commodity for which the Board is constituted, in such amount as the Board, with the approval of the Minister, may determine.

A levy may also be made by The Egg Marketing Board or The Central Queensland Egg Marketing Board as prescribed in section 29c of this Act.

(2) Application of proceeds of levy. All moneys raised by a Board in respect of levies under this section shall be paid to the credit of a


s. 29 55

special account in the books of the Board and shall be applied as follows:-

(i) In payment of such administrative expenses of the Board as the Board may from time to time determine to be payable out of such account; and

(ii) In payment to the Council of a sum of money mentioned in any precept of the Council served upon the Board; and

(iii) In establishing and maintaining a fund or funds for the purpose of effecting or providing insurance against fire, pests, hail, flood, or other casualty for the benefit of such class or classes of growers as may be prescribed; and

(iv) In establishing and maintaining a reserve fund; and (v) In establishing and maintaining a fund for effecting any

other special object which the Board may determine to be in the common interest of the growers of the particular commodity;

(vi) In establishing and maintaining a fund for legal expenses, whether by way of compensation, damages, or costs incurred or to be incurred by the Board, or which may have been incurred or may be incurred by any other Board being a party to legal proceedings where such proceedings were or are of common interest to growers and Boards generally under this Act, and to the intent that contribution may be made by the Board from such fund towards the aforesaid legal expenses of such other Board, being a party to such proceedings of common interest to growers and Boards generally:

Provided always that it shall not be competent for a Board to establish any such fund as in paragraphs (iii), (iv), and (v) hereof mentioned unless or until the purpose for which it is proposed to establish the fund and the rate of levy on the commodity for that purpose are expressly approved by the Minister.

Before any particular levy is made for the purposes of the establishment of such fund, the Board shall cause a notice of intention to be published in at least one newspaper normally circulating in the Board's area of operation.

Within 30 days of the publication of such notice, 50 growers of the commodity (or such other number of growers as may be approved), may petition the Minister that a poll be taken of all growers of the commodity upon the question of the making of the levy for the establishment of such fund and, in the event of such a petition being received by the Minister, a poll shall be conducted by the Department.

Following such a poll, the fund shall not be established and the levy shall not be made unless-

(a) not less than 50 per centum of growers of the commodity eligible to vote on any such question have duly exercised their right to vote in that poll;


and

s. 29

(b) not less than 60 per centum of the valid votes cast are in favour of the establishment of the fund.

(2A) Notwithstanding anything in this Act to the contrary contained, it is hereby declared that the Governor in Council may from time to time, in any case in which it considers it advisable so to do by Order in Council, require and direct any Board to make a levy in respect of the commodity for which the Board is constituted, and therewith to establish a fund as security to meet any liability or obligation undertaken by His Majesty the King for or on behalf of the Board, whether such liability or obligation be then paid or be then presently payable or payable in the future; and by the same or any other Order in Council may require the Board to utilise the moneys in such fund for the purpose of meeting such liability or obligation until such liability or obligation shall have been paid in full, and for the purpose of reimbursing His Majesty the King the amount of any moneys expended by him for the Board on account of any such liability or obligation, and thereafter to utilise such moneys for such purpose as the Governor in Council may direct in the interests of the Board and the growers: Provided that no poll of growers shall be demandable or taken on the question of the making of any such levy.

(3) For the purposes of this section the State Wheat Board shall be deemed to be a Board and the Committee of Direction constituted under "The Fruit Marketing Organisation Acts, 1923 to 1925," shall be deemed to be a Board, and the power to make regulations under this Act with respect to levies by a Board shall also extend to levies by the State Wheat Board and the Committee of Direction respectively:

Provided that if it is proposed to establish any fund, as in paragraph (iii) of subsection two hereof mentioned, in the common interest of growers of any particular class of fruit, the regulations may provide that a poll may be requested by and a poll may be taken of growers of that particular class of fruit, and that if the establishment of such fund is approved (whether without a poll being requested or after a poll), the levy in that behalf shall be in respect of that particular class of fruit only.

Nothing herein contained shall be construed to limit the powers of the Committee of Direction under any regulations in that behalf made under the lastmentioned Acts with respect to levies on fruitgrowers.

(4) Contributions for legal expenses. Where any legal proceedings have been or may be incurred by a Board, whether in the Supreme Court or in the High Court of Australia, and being of such importance as directly or indirectly to be of common interest to growers and Boards generally under this Act, it shall be lawful for any other Board with the approval of the Governor in Council to make a contribution payment from the funds of such Board in such amount as the Board shall think reasonable for and towards the purpose of reimbursing the funds of the Board which was party to such legal proceedings.


S. 29B 57

Such contribution payment so made shall be applied in and towards the sums of money adjudged to be paid by the Board being party to the legal proceedings and in and towards the costs, charges, and expenses incurred by or payable by such Board.

Any such contribution so made by the Board concerned may notwithstanding anything in the Principal Act or any other Act to the contrary be made-

(a) By a direct contribution payment by the Board out of its funds to the Board the party to the legal proceedings; or

(b) In accordance with the provisions of subsections one and two aforesaid.

As amended by Act of 1928, 19 Geo. 5 No.8, s. 2 (v); Act of 1930, 21 Geo. 5 No. 22, s. 7; Act of 1935, 26 Geo. 5 No. 35, s. 7 (1); Act of 1985, No. 18, s. 6; Act of 1987, No. 57, s. 26.

29A. (Repealed). Repealed by Act of 1987, No. 57, s. 27.

29AA-29AC. (Repealed). Repealed by Act of 1987, No. 57, s. 27.

29B. Superannuation scheme or arrangement etc. ( 1) On and after the passing ofthe City of Brisbane Market Act and Other Acts Amendment Act 1985, it shall not be competent to a Board-

(a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Board;

(b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Board; or

(c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to. participate therein,

unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation.

(2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by a Board on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Board in respect of that scheme or arrangement.

When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977-1981.

58 s. 29c PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.30

(3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Board has established before or in which the Board was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985.

(4) It shall not be competent to a Board, for the purpose of establishing or participating in a scheme or arrangement referred to in this section, to expend moneys derived from levies which are applicable only for the respective purposes for which the levies were imposed.

(5) For the purposes of this section the Council and the State Wheat Board shall be each deemed to be respectively a Board.


29c. Alternative method of levy by Egg Board. ( 1) For the purposes of this section-

" Egg Board" means The Egg Marketing Board or The Central Queensland Egg Marketing Board as the case may be;

"egg producer" means an egg producer within the meaning of the Hen Quotas Act 1973-1981;

"egg producer's adjusted hen quota" means an egg producer's adjusted hen quota determined pursuant to the Hen Quotas Act 1973-1981;

"levy" means a levy made for any of the purposes described in section 29 (2).

(2) As an alternative to making a levy in respect of the commodity eggs pursuant to section 29 of this Act an Egg Board may, subject to subsection (3) of this section, make a levy based on the egg producer's adjusted hen quota of an egg producer.

(3) Prior to a levy being imposed on an egg producer based on that egg producer's adjusted hen quota the egg producer shall be given a choice, in the manner prescribed, between this method of levy and a levy in respect of the commodity eggs pursuant to section 29 of this Act and the egg producer shall, subject to subsection (5) of this section, be levied in accordance with the method chosen by him.

(4) [the]* method of imposition and collection of a levy based on an egg producer's adjusted hen quota shall be as prescribed.

( 5) An Egg Board, in respect of an egg producer who has chosen to be levied on his egg producer's adjusted hen quota but has not paid the full amount owing in respect of that levy, may make a levy in respect of the commodity e~s pursuant to section 29 of this Act so that the amount outstanding 1s paid in full.


SUGAR INDUSTRY

30. (1) Cane to be a commodity. Sugar cane is hereby declared to be a commodity under and for the purposes of this Act.

*Sic


s. 30 59

(2) Constitution of Council, etc. For the sugar industry there shall be constituted-

(a) Mill suppliers' committees; (b) District cane growers' executives; (c) The Queensland Cane Growers' Council.

(3) Cane Growers' Council to be a Board. The Queensland Cane Growers' Council is hereby declared to be a Board under and for the purposes of this Act, constituted for the commodity sugar cane. Unless or until such Board is empowered in that behalf by an Order in Council under this Act to undertake the functions of marketing the commodity, such Board shall not be a Marketing Board.

(4) Mill suppliers' committee. A mill suppliers' committee, consisting of such number of members not exceeding ten as may be approved, for each of the sugar mills in the list hereunder set out, shall be elected as prescribed by the growers of sugar cane who are the suppliers of sugar cane to each of such mills respectively: Provided that the elected representative on the district cane growers' executive of the mill concerned shall ex officio be a member of the mill suppliers' committee. Each such committee shall be known by the name of "The [name of mill] Sugar Mill Suppliers' Committee":-

Name of Mill Mossman Central . . . . . . Hambledon ....... . Babinda Central . . . . . . Mulgrave Central South Johnstone Central . . . . . ... Goondi ....... . Mourilyan ....... . Tully River Central . . . . . . . . . . . . Macknade ................. . Victoria ............. . Pioneer.. . . . . . . . ...... . Inkerman ........... . Kalamia . . . . . ...... . Invicta ............... . Proserpine Central . . . . . . . . North Eton Central . . . . . . . . . . . . Cattle Creek Central . . . . . . . . . . . . Farleigh . . . . . . . . . . . ...... . Marian Central . . . . . . . . . . . . . . Plane Creek Central . . . . . . . . . . . . Pleystowe ................. . Racecourse Central . . . . . . . . . . . . Millaquin ........... . Bingera ....... . Fairymead ....... . Isis Central . . . . . . . . . . Maryborough . . . . . . . . . . . . . . . . Moreton Central . . . . . . . . . . . . . . Rocky Point . . . . . .

Address Mossman, via Port Douglas Hambledon, via Cairns Babinda Gordonvale, via Cairns South Johnstone, via Innisfail Innisfail Mourilyan Tully Macknade, Herbert River Ingham Pioneer, via Ayr Home Hill Ayr Giru Siding, North Coast Line Proserpine Eton, Mackay Finch Hatton, Mackay Mackay Marian, via Mackay Sarin a Pleystowe, Mackay Mackay Bundaberg Bundaberg Via Bundaberg Via Childers Maryborough Nambour Pimpama Island

The Governor in Council may from time to time by Order in Council alter the abovementioned list by adding thereto the names of other mills or omitting therefrom the names of any mills, and the list


s.30

as so altered shall thereupon become the list for the purposes of this section.

(5) District cane growers' executives. District cane growers' executives shall be elected by suppliers of sugar cane and executives elected after the date of commencement of the Primary Producers' Organisation and Marketing Act Amendment Act 1979 shall be constituted as follows:-

(a) the Burdekin District Cane Growers' Executive-one representative each of suppliers to the Inkerman, Invicta, Kalamia and Pioneer sugar mills respectively;

(b) the Bundaberg District Cane Growers' Executive-two representatives each of suppliers to the Bingera, Fairymead and Millaquin sugar mills respectively;

(c) the Cairns District Cane Growers' Executive-two representatives each of suppliers to the Babinda Central, Hambledon and Mulgrave Central sugar mills respectively;

(d) the Herbert River District Cane Growers' Executive-two representatives each of suppliers to the Macknade and Victoria sugar mills respectively;

(e) the Innisfail District Cane Growers' Executive-two representatives each of suppliers to the Goondi, Mourilyan and South Johnstone Central sugar mills respectively;

(f) the Isis District Cane Growers' Executive-eight representatives of suppliers to the Isis Central sugar mill;

(g) the Mackay District Cane Growers' Executive-one representative each of suppliers to the Cattle Creek Central, Farleigh, Marian Central, North Eton Central, Plane Creek Central, Pleystowe and Racecourse Central sugar mills respectively;

(h) the Maryborough District Cane Growers' Executive-six representatives of suppliers to the Maryborough sugar mill;

(i) the Mossman District Cane Growers' Executive-five representatives of suppliers to the Mossman Central sugar mill;

(j) the Proserpine District Cane Growers' Executive-eight representatives of suppliers to the Proserpine Central sugar mill;

(k) the Southern District Cane Growers' Executive-three representatives each of suppliers to the Moreton Central and Rocky Point sugar mills respectively;

(1) the Tully River District Cane Growers' Executive-five representatives of suppliers to the Tully River Central sugar mill.

The representatives specified in the preceding paragraph shall be elected only by growers who are suppliers to the mill to which the representatives are suppliers and elections for the purpose of this


s. 30 61

paragraph shall be conducted at the same time as the elections of the mill suppliers' committees.

The Governor in Council may from time to time by Order in Council amend or alter the abovementioned list by adding thereto the names of other mills or omitting therefrom the names of any mills in respect of the various district cane-growers' executives, or by constituting other such executives in addition to such executives on such list, or by amalgamating any of the same, or in regard to the representation thereon, or in any other manner or direction as it may be deemed by the Governor in Council necessary and expedient to so alter or amend, and the list as so altered or amended shall thereupon become the list of district cane-growers executives for the purposes of this section, and the said section shall be read and construed accordingly.

(6) Qualification. In each case the candidate or a grower's appointee appointed by such grower for election to the mill suppliers' committee or the district cane growers' executive shall be a grower and a bona fide supplier to the mill in respect of which he is a candidate.

(7) Cane Growers' Council. The Queensland Cane Growers' Council shall consist of representatives of district cane growers' executives who shall be respectively a member or members of the district cane growers' executive in question appointed by it.

The Governor in Council may by Order in Council authorize any such executive to appoint so many of its members as are specified in the Order to so represent it, provided that any such executive shall not appoint more than one member (whether ex officio or otherwise) of any one mill suppliers' committee to so represent it.

Save as authorized by such an Order in Council, each such executive shall be entitled to so appoint one, and not more than one, of its members.

The whole number of representatives comprising the said Council shall be deemed to be varied by, and as necessary to give effect to, an appointment or appointments of such a representative or representatives authorized by such an Order in Council.

The said Council may convene an annual sugar industry conference, the delegates to which conference shall comprise one representative for each sugar mill appointed by the mill suppliers' committees respectively.

The annual sugar industry conference and the annual general meeting of growers may be held conjointly.

Special conferences may be convened by the said Council on matters of urgent business as the said Council may deem desirable.

The said Council shall have such powers, authorities, jurisdiction, duties, and obligations as shall from time to time be vested in and imposed upon them by the Governor in Council by Order in Council: Provided that in the event of the Governor in Council proposing to confer upon the Queensland Cane Growers' Council the power to


s.30

undertake the functions of marketing the commodity the provisions of section nine of this Act, so far as the same are applicable, shall be applied and be observed.

(7 A) Queensland Cane Growers' Council to be a body corporate. The Queensland Cane Growers' Council shall be a body corporate, and shall by that name have perpetual succession and an official seal which shall be judicially noticed, and shall in that name be capable in law of suing and being sued, and notwithstanding any other provision of this Act shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property.

(8) Prescribed instruments. Prescribed instruments under this Act may-

( a) Elections and business, etc. Make all necessary provision for and regulate the conduct by post or otherwise of the election from time to time of members of district cane growers' executives and of mill suppliers' committees and for the taking of any vote of growers or suppliers of sugar cane under this Act and for regulating the meetings of the Queensland Cane Growers' Council, executives, and committees, and the conduct of business thereat and for the tenure of office of the members of each of them and for any other purpose relating to the business and proceedings of the same or any of them, including the qualifications and disqualifications of members and the qualifications of growers and suppliers of sugar cane; providing for the vacation of office of members of any such executive or committee who make default in carrying out their functions and the election or appointment of other members in their room;

(b) Fees, etc. Prescribe the fees, allowances, and travelling expenses which may be paid to members of the Queensland Cane Growers' Council and of district cane growers' executives and of mill suppliers' committees and of representatives attending the annual sugar industry conference, the annual general meeting of growers and any special conferences convened by the Council;

(c) On the recommendation of the Queensland Cane Growers' Council, define the powers and functions of district cane growers' executives and mill suppliers' committees respectively or any of them; define the mutual relationships between the said Council and the said executives and committees or any of them.

(8A) Levies. Notwithstanding any other provision in this Act, the Governor in Council may by notice in the Gazette-

(a) Empower the Queensland Cane Growers' Council, any district cane growers' executive, or any mill suppliers' committee to make a general levy on growers of sugar cane for administrative purposes: in the case of the Council, in respect of the whole industry, or in the case of an executive on


s. 30 63

growers of cane in their district, or in the case of a committee on suppliers of cane to the particular mill for which they are a mill suppliers' committee: Provided that no poll of growers shall be demandable or taken on the question of the making of any such general levy. Such general levy may be in such amount as will be sufficient to provide for the administrative purposes of the said Council, executive, or committee as the case may be: Provided that no district cane growers' executive or mill suppliers' committee shall be empowered to make any levy for administrative purposes unless or until the consent thereof of the Queensland Cane Growers' Council has been obtained: Provided that any district cane growers' executive may, subject to the provisions of this subparagraph (d), make a general levy on any section of growers supplying cane to a mill within the district with respect to which such executive is constituted for administrative purposes: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy.

(b) Particular levies. Empower-(i) The Queensland Cane Growers' Council,

(ii) Any. district cane growers' executive, (iii) Any mill suppliers' committee,

to make a particular levy on growers of sugar cane, in the case of the Council in respect of the whole industry, or in the case of an executive on growers of cane in their district, or in the case of a committee on suppliers of cane to the particular mill for which they are a mill suppliers' committee:

Application of particular levies. Provided that the sums raised by any particular levy shall be expended only in the interests of the industry generally or of the district or of the locality concerned, as the case may be:

Provided that any district cane growers' executive may make a particular levy on any section of growers supplying cane to a mill within the district of such executive for any purpose affecting such section of growers: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy: Provided that any mill suppliers' committee may make a particular levy on any section of growers supplying cane to a mill for which they are a mill suppliers' committee for any purpose affecting such section of growers: Provided always that the sums raised by such levy shall be expended only in the interests of the section paying such levy:

Poll before particular levy. Provided further that before any particular levy is made-

(a) by the Queensland Cane Growers' Council, at the request in writing of not less than ten per centum of the growers


s.30

supplying cane to mills throughout the State, a poll of such growers shall be held as prescribed;

(b) by a district cane growers' executive at the request in writing of not less than 20 per centum (or such less per centum as is approved) of-

(i) all growers supplying cane to mills within the district concerned, in the case of the making of a particular levy on all growers of cane within the district; or

(ii) the section of growers concerned supplying cane to a mill in the district concerned, in the case of the making of a particular levy on that section,

a poll shall be held as prescribed of all growers referred to in provision (i) or, as the case may be, the section of growers referred to in provision (ii);

(c) by a mill suppliers' committee, at the request in writing of not less than 20 per centum (or such less per centum as is approved) of-

(i) all suppliers of cane to the mill concerned, in the case of the making of a particular levy on all such suppliers; or

(ii) the section of growers concerned supplying cane to the mill concerned, in the case of the making of a particular levy on that section,

a poll shall be held as prescribed of all suppliers referred to in provision (i) or, as the case may be, the section of growers referred to in provision (ii),

and if upon such poll the majority of votes is against the making of the levy in question it shall not be made; and that regulations under this Act may prescribe the means whereby, including the funds whereform, the costs and expenses of such a poll may be defrayed:

Consent of Cane Growers' Council. Provided also that no district cane growers' executive or mill suppliers' committee shall be empowered to make any particular levy unless or until the consent thereto of the Queensland Cane Growers' Council has been obtained;

(c) Basis of levies. Prescribe the basis or bases on which levies, whether general or particular, shall be made;

(d) Amount of levies. Fix the amount of any such levy, whether on the same or different bases;

(e) Recovery of levies. Prescribe the methods of recovery or collection of any levies, whether general or particular, including the recovery or collection of any such levies from persons holding moneys to the credit of the persons liable to pay such levies;


S. JOA · 65

(f) Fines. Impose fines not exceeding 20 penalty units for non-payment of any such levies or moneys by growers or persons holding moneys to the credit of growers;

(g) Evidence. Facilitate the proof of any matters.

(9) Power to extend the foregoing provisions to other industries ... The Governor in Council may from time to time, by Order in Council, extend the provisions of this section, with such modifications thereof or additions thereto as are deemed by him to be necessary in the particular circumstances, so that the same shall also become applicable to any primary industry other than the sugar industry.

As amended by Order in Council published Gazette 12 Februacy> )192Tli,"ip. 582; Act of 1928, 19 Geo. 5 No. 8, s. 2 (vii); Act of 1930, 21 Geo. ·5 No: ·22~'s. 8; Orders in Council published Gazette 4 March 1933, p. 813; 15 April 1933; p. 1505; 2 March 1935, p. 951; Act of 1935, 26 Geo. 5 No. 35, s. 8; Order in Council published Gazette 12 September 1936, p. 864; Act of 1939, 3 Geo. 6 No. 21, s. 7; Act of 1941, 5 :Geo. 6 No. 16, s. 21 (1); Order in Council published Gazette 14 September 1946, p. l05l7.;iActrof· 1946, 11 Geo. 6 No. 13, s. 5; Order in Council published Gazette 26 September 1953, p. 449; Act of 1954, 3 Eliz. 2 No. 29, s. 6; Act of 1962, No. 15, s. 5; Act of 1966, No. 18, s. 2; Orders in Council published Gazette 29 July 1972, p. 1519; 10 May 1975, p. 317; 7 June 1975, p. 810; 11 October 1975, p. 488; Act of 1979, No.6, s. 10; Act of 1981, No. 38, s. 6; Orders in Council published Gazette 14 November 1981, pp. 1141-1142; 12 June 1982, p. 1422; 18 October 1986, p. 1099; Act of 1987, No. 57, s. 29 (as construed by Act No. 35 of 1988, s. 10 in a certain particular).

Dairying industry-Modifications of s. 30, as extended to dairyingindustry-Gazette 17 November 1945, p. 1136; 11 January 1947, p. 192; 11 October 1947, p. 979; 20 November 1948, p. 2757; 4 November 1950, p. 2124; 31 March 195t, p. 1171; 2 April 1955, p. 1267; 19 October 1957, p. 776; 23 August 1958, p. 29n; 21' May 1960, p. 738; 22 July 1961, p. 1116; 23 December 1961, p. 1310; 30 November~ 1963, p. 1070; 28 August 1965, p. 2030; 13 January 1968, p. 244; 28 June 1969, p. 1137; 13 September 1969, p. 1 05; 29 March 1975, p. 1327; 24 January 1976, p. 255; 27 Mar.ch 1976, pp. 1199- · 1200; 7 June 1980, p. 931; 17 April 1982, p. 1724; 27 June 1987, pp.:2242-2243.

Pig industry/Pork producers-Modifications of s. 30, as extended to pig industry/ pork producers-Gazette 3 December 1977, pp. 1250-1252; 18 February 1978/ p. 637; 7 June 1980, p. 931; 28 July 1984, p. 1863.

30A. Interpretation. For the purposes of section 30 and regulations made pursuant to that section-

"corporation" means any body corporate whether formed or incorporated within or outside the State and includes

(a) any company; (b) any foreign company; and (c) any recognized company,

within the meaning of the Companies (Queensland) Code but does not include-

(d) a body corporate that is incorporated within the Commonwealth and is a public authority or an instrumentality or agency of the Crown; or

(e) a corporation sole; "grower" means a person who holds land assigned to a mill

under the Regulation of Sugar Cane Prices Act 1962-1972 either alone or with others: the term does :not include;_·

(a) a person who is the owner of a mill;

66 s. JOB PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.30B

(b) a corporation which, pursuant to section 7 of the Companies (Queensland) Code, is deemed to be a subsidiary of another corporation which is the owner of a mill;

(c) a person who holds land assigned to a mill in conjunction with-

(i) another person who is the owner of a mill; or (ii) where the owner of a mill is a corporation, in conjunction

with a corporation which, pursuant to section 7 of the Companies (Queensland) Code, is deemed to be a subsidiary of that owner.

"grower's appointee" means a person who is a member of a corporation that is a grower and who is appointed in writing by such corporation for the purpose of representing it in matters arising under this Act.

Original s. 30A repealed by Act of 1976, No. 80, s. 92. Presents. 30A inserted by Act of 1979, No.6, s. 11; as amended by Act of 1981,

No. 111, s. 23 Sch.

30B. Queensland Cane Growers' Council may hold property as trustee. (1) The Queensland Cane Growers' Council shall in its corporate name have power to purchase, sell, take on lease, lease, exchange and hold land as trustee for any district cane growers' executive or any mill suppliers' committee upon trust for all or any of the objects and purposes of such executive or, as the case may be, committee.

(2) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property upon trust for all or any of the objects and purposes of a district cane growers' executive or mill suppliers' committee and that executive or committee ceases to exist then-

(a) where another executive or, as the case may be, committee is substituted for that executive or committee; or

(b) where pursuant to section 30 (5) that executive is amalgamated with one or more other district cane growers' executives,

the Queensland Cane Growers' Council shall hold that property upon trust for the same objects and purposes in relation to the substituted executive or committee or, as the case may be, the executive formed as a result of the amalgamation of one or more executives as referred to in paragraph (b).

(3) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property as trustee for a district cane growers' executive or a mill [suppliers]* committee and that executive or committee ceases to exist and no other executive or committee is substituted for that executive or committee and in the case of a district cane growers' executive, that executive is not amalgamated with one or more other

*Sic

s.30c PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 30c 67

district cane [growers]* executives, then the Queensland Cane Growers' Council shall hold the property on trust-

(a) in a case where the executive or committee has ceased to exist pursuant to the provisions of an Act-for such objects and purposes as are specified in that Act;

(b) in a case where the Act referred to in paragraph (a) is silent as to the objects and purposes for which the property is to be held-for the objects and purposes specified in a document evidencing the trust, which are contingent upon the executive or, as the case may be, committee ceasing to exist.


30c. Producer representative bodies. ( 1) A producer representative body shall represent the interests of the growers or producers of the commodity in respect of which the body concerned has been estabished and shall be called the "Queensland (name of growers or producers of the commodity) Organisation".

(2) The members of a producer representative body shall be the growers or producers of the commodity for the time being entitled to vote at any election of members of the State Council of the producer representative body or of any subsidiary body of that Council.

(3) Subject to this Act, the objects of a producer representative body in relation to the commodity in respect of which it has been established shall be-

(a) to-(i) organise growers and producers into a comprehensive

body and give all growers and producers an opportunity to voice an opinion and participate in the making of decisions in all matters affecting their industry;

(ii) ensure that the views of growers and producers are adequately represented to all bodies the operations of which affect the production, marketing or consumption of the commodity;

(iii) represent growers and producers on the Council of Agriculture;

(iv) do everything possible to ensure for growers and producers a fair return having regard to the capital invested and the labour involved in their industry;

(v) make such financial contributions as it sees proper to a union of employers, and help and co-operate with that union in industrial matters relating to the commodity;

(vi) promote the commodity and to undertake research on subjects relating to the commodity;

(vii) promote the adoption of improved production and marketing methods for the commodity;

*Sic

68 S. 30D PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.30o

(viii) co-operate with the Council of Agriculture, the Department and other bodies to improve the efficiency and welfare of the industry;

(ix) affiliate with similar organisations in Queensland, in the States and Territories of the Commonwealth of Australia, and at the Commonwealth level;

(x) establish and maintain services of a commercial or noncommercial nature that are of benefit to a majority of growers or, as the case may be, producers;

(xi) establish reserve funds to promote the objects of the producer representative body;

(xii) promote the ·financial welfare and stability of growers and producers, and improve and maintain their quality of life, education, medical services and communications to a standard at least comparable to that existing in other sections of the community involved in similar industries;

(xiii) foster and protect the interests of growers and producers; (b) such other objects, necessary or expedient for the

administration of this Act, as shall be approved or prescribed.

( 4) A reference in any Act passed before the commencement of section 30 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 or in any instrument or other document made before that commencement to a body shown in Column 1 of the Third Schedule shall be construed as a reference to the corresponding body in Column 2 of that Schedule.


30D. State Councils. ( 1) An Order in Council made pursuant to section 30 (9) may make provision for the constitution ofa State Council of the producer representative body to which the Order refers, and that constitution may be amended at any time by the Governor in Council by a further Order in Council.

(2) A State Council-(a) shall be capable of exercising all of the powers, authorities,

duties and functions of a Board (other than those powers, authorities, duties and functions that .specifically relate to a Marketing Board) in accordance with this Act; and

(b) may carry on business under a business name pursuant to section 11 (3A).

(3) For the purposes of this Act, the Queensland Cane Growers' Council, the Queensland Dairyfarmers' State Council, the Queensland Pork Producers' State Council and the Queensland Commercial Fishermen's State Council shall each be deemed to be a State Council within the meaning of this section.


s.30E PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 30E 69

30E. Subsidiary bodies. (1) An Order in Council made pursuant to section 30 (9) may make provision for the constitution of local branches and district councils, or similar bodies, and for each of those bodies to be a subsidiary body of the State Council of the producer representative body to which the Order refers, and that constitution may be amended at any time by the Governor in Council by a further Order in Council.

(2) A subsidiary body-(a) may exercise such of the powers of the producer representative

body under or pursuant to this Act as may be specified by the Governor in Council, subject to such terms and conditions as may be specified in that or a subsequent Order in Council;

(b) shall present an annual report, including audited financial statements where applicable, to the producer representative body in such form and at such time as the producer representative body may determine; and

(c) shall, where the body has control of any funds, be audited by the Auditor-General or an officer authorised by him, who shall for those purposes have, and may exercise, all the powers conferred on him under the Financial Administration and Audit Act 1977-1985: Provided that the Governor in Council may, on the recommendation of the Minister following consultation with the Auditor-General, by Order in Council exempt any subsidiary body or subsidiary bodies from such audit by the Auditor-General and direct that an audit be conducted by a person registered as a public accountant under the Public Accountants Registration Act 1946-1975 and such Order in Council shall take effect according to its tenor.

(3) For the purposes of this Act-( a) each mill suppliers' committee and each district cane growers'

executive shall be deemed to be a subsidiary body of the Queensland Cane Growers' Council;

(b) each local dairyfarmers' branch and each district dairyfarmers' council shall be deemed to be a subsidiary body of the Queensland Dairyfarmers' State Council;

(c) each local pork producers' branch and each District Pork Producers' Council shall be deemed to be a subsidiary body of the Queensland Pork Producers' State Council;

(d) each commercial fishermen's local branch shall be deemed to be a subsidiary body of the Queensland Commercial Fishermen's State Council.

(4) The declaration of a commodity and the constitution of a Marketing Board pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a Board that is to be a producer representative body pursuant to this Act.


s.31A

(5) The declaration of a commodity and the constitution of a Board that is to be a producer representative body pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a Marketing Board pursuant to this Act.

( 6) For the purposes of this section and section 30c the term "commodity" shall, in respect of the Queensland Commercial Fishermen's Organization, mean "fish" as defined in section 6 of the Fishing Industry Organisation and Marketing Act 1982-1985.


GENERAL

31. (1) Recovery of penalties. All offences against this Act except any offence declared by this Act to be a misdemeanour may be prosecuted and punished by complaint under "The Justices Acts, 1886 to 1924."

(2) Joinder of parties, etc. In any such complaint-(a) Several offences may be charged, whether of the same or of

different kinds; (b) Several persons may be joined as defendants, whether in

respect of the same or of different offences, and whether those offences are committed by the same or by different persons; and in such case separate decisions may be given in respect of each defendant so joined:

Provided that in any such case the adjudicating court may give such directions as it thinks fit for the separate hearing of any charge against any defendant.

(3) General penalty. Any person who commits any offence against this Act for which no other penalty or punishment is expressly provided, shall be liable to a penalty not exceeding 40 penalty units.

(4) Companies. If any person committing an offence against this Act is a company, the individual person guilty of the offence, and also the managing director or other manager in Queensland of the company, shall each of them be liable to the like punishment.

(5) Joint offenders. If two or more persons are responsible for the same offence, each of those persons shall be guilty of the offence and the liability of each of them shall be independent of the liability of the others.

As amended by Act of 1928, 19 Geo. 5 No.8, s. 2 (viii); Act of 1965, No. 12, s. 7; Act of 1987, No. 57, s. 31 (as construed by Act No. 35 of 1988, s. 10 in a certain particular).

31A. Undue influence and like offences. Any person who-(1) Uses or threatens to use any force or restraint, or does or

threatens to do any temporal or spiritual injury, or directly or indirectly causes or threatens to cause any detriment of any kind, to an elector or to any person entitled to vote at


s. 32 71

an election or poll held under or in pursuance of this Act or under "The Fruit Marketing Organisation Acts, 1923 to 1925" (or any Act amending the same), or under "The Wheat Pool Acts, 1920 to 1925" (or any Act amending the same), in order to induce such elector or person to vote or refrain from voting or to vote in any particular manner at any such election or poll or on account of his having voted or refrained from voting or having voted in any particular manner at any such election or poll; or

(2) By force or fraud prevents or obstructs the free exercise of the vote by any such elector or person, or by any such means compels or induces any such elector or person to vote or refrain from voting or to vote in any particular manner at such an election or poll;

is guilty of a misdemeanour, and is liable on conviction on indictment to imprisonment with hard labour for one year or, in the discretion of the Court, to a fine of 20 penalty units.

Inserted by Act of 1928, 19 Geo. 5 No.8, s.2 (ix); as amended by Act of 1987, No. 57, s. 32 (as construed by Act No. 35 of 1988, s. 10 in a certain particular).

32. Evidence. In any proceedings for any offence against this Act-(1) Any notification, requisition, direction, demand, order, or

other document in writing, purporting to be signed or made or sent by the Council or a Board or the chairman or secretary thereof, shall be judicially noticed.

(2)

(3)

(4)

The production of a copy of the Gazette purporting to contain any notification, direction, or order made by the Council or a: Board shall be conclusive evidence of the matters contained therein, and that all steps necessary to be taken prior to the making of such notification, direction, or order have been duly taken. The averment on behalf of the Board in any complaint that anything was or is a commodity to which the provisions of this Act are applicable, or was or is such a commodity mentioned or included in any notification, direction, or order, or that any place is a place in Queensland, or that any person is a grower of such a commodity, or is an authorised agent, shall be sufficient evidence of that fact.

Any document or anything purporting to be a copy of or extract from any document containing any reference to any matter or thing alleged to be done in contravention of this Act shall, upon proof that it was produced by or came from the custody of a person charged with the offence, or a responsible officer or a representative of that person, be admissible in evidence against that person and evidence of the matters and things thereby appearing and that the document (or, in the case of a copy, that the original thereof) was written, signed, despatched, and received by the persons


s.33

by whom it purports to have been written, signed, despatched, and received, and that any such copy or extract is a true copy of or extract from the original of or from which it purports to be a copy or extract.

33. Prescribed instruments etc. (1) Prescribed instruments may be made providing for all or any purposes, whether general or to meet particular cases, as may be convenient for the administration of this Act, or as may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.

Without limiting the generality of the foregoing provisions, such prescribed instruments may provide for all or any of the following matters:-

(i) Generally-(a) Members, elections, etc. Making all necessary provision

for and regulating the conduct by post or otherwise of the election by the ward system or otherwise from time to time of members of the Council or any Board, and for the taking of any poll of growers or primary producers under this Act; compilation and revision of rolls of growers or primary producers entitled to vote at elections or polls; method of determining the qualification of voters; settlement of disputed elections or questions arising out of or in connection with any election or poll; the tenure of office of members; the filling of casual vacancies therein arising from death, retirement,. or resignation; the appointment of a deputy to ·act for any member in the event of illness, absence, or for other cause.

(al) Prescribing that any ballot-paper in:respect ofthe conduct of an election or poll under this Act • may be verified .by any prescribed form of declaration; imposing· any prescribed penalty not exceeding· .20 penalty units upon any person who makes any such declaration which is to his knowledge false in any materialparticular, and (ifa.ny attestation of such declaration is prescribed) imposing any prescribed penalty not exceeding 20 penaltyJunits upon any person who attests any such declaration .which is, to his knowledge, false in any material particuhiu.

(a2) Polls, etc. If necessary, defining.the~persons,or.·classes of persons who shall be deemed to·.b'egrow:ers:;concemed for the purposes of any petition or poll under; this Act, the number of growers, as the. case·may;ber.concemed;:, the preparation of a roll or Hst orr· su~hh growers and"' making such roll or list conclusive· evidence:~of thet titlet~ to vote at any such poll; procedure in connection with> the taking of any such poll.


s.33 73

(b) Forms. Prescribing the certificates and other forms which may be used under this Act.

(c) Retur!ls, etc. Prescribing forms of returns and of statistics (whether in respect of any commodity being the subject of an Order in ,Council under this Act or not), or in respect of sqch other matter or thing as rna}~. be prescribed to be made and furnished to the Council or any Board or to the Minister and the contents thereof, and·· the persons (whether primary producers or not) by whom the same shall be made, and the time and mode of making and furnishing the same.

(cl) Prescribing that records of an expired Board shall be held or disposed of as the Minister may direct.

(d) General. All matters required or permitted by this Act to be prescribed.

(ii) With respect to the Council(a) (Repealed). (b) Business. The business, proceedings and meetings of the

Council; the quorum at meetings; the signing of documents; the use of the official seal.

(c) Standing committees. Appointment of standing committees and prescribing their functions, powers, and authorities; the appointment of associate members of such standing committees; and the delegation of powers.

(d) (Repealed). (e) Fund. The control and management and expenditure of

the Council of Agriculture Fund. (iii) With respect to Boards-

(a) Business. The business, proceedings, and meetings of the Board; the quorum at meetings; the signing of documents.

(b) Conditions of sale. Authorising the Board in every sale or agreement for sale of the commodity by the Board to any person to insert conditions and to fix a sum as and by way of liquidated damages for any breach of condition, which damages shall be recoverable accordingly.

(c) Quality, standard, etc. Ascertaining whether the commodity is of the required quality and prescribing a standard therefor, and for an increase or decrease in the price otherwise payable to any grower for any of the commodity delivered by him to the Board according to the quality or standard of the commodity; and regulating the storage, package, marketing, branding, grading, carriage, exporting, and delivery of the commodity.

(d) Computation of net proceeds. Prescribing periods of time in respect of which the computation of·or accounting for the net proceeds of the commodity may be made.


s.33

(e) Licenses. Issuing licenses by a Board with the approval of the Minister to wholesale dealers to trade in a commodity, which license may, on the recommendation of the Board, be withheld in any case without assigning any reason therefor.

(e) (i) Licenses to manufacture. Issuing licenses by a Board with the approval of the Minister to manufacturers to manufacture a commodity, which license may, on the recommendation of the Board, be withheld in any case without assigning any reason therefor.

(2) Notwithstanding any other provision of this Act, the Governor in Council may by notification published in the Gazette provide for all or any of the following matters:-

Levies by Board. Empowering a Board to make a general levy on growers of the commodity for administrative purposes: Provided that no poll of growers shall be requested or taken on the question of the making of such general levy.

Empowering a Board to make a general levy on growers of the commodity for or in respect of a precept issued by the Council to the Board pursuant to the provisions of section twenty-eight of this Act: Provided that no poll of growers shall be requested or taken on the question of the making of such general levy.

Requiring and empowering a Board to make a particular levy on growers of the commodity for which it is a Board to meet any obligation of the Board to His Majesty the King, or any obligation in respect of which His Majesty may then be or may at any time thereafter become directly or indirectly liable on account of the Board, and fixing the amount of such levy: Provided that no poll of growers shall be requested or taken on the question of the making of such particular levy.

Requiring and empowering a Board that has made a particular levy on growers of the commodity for which it is a Board to pay the proceeds from such levy to a cooperative association formed under the provisions of "The Primary Producers' Co-operative Associations Acts, 1923 to 1926," on such terms, provisions, and conditions as may be prescribed.

Requiring and empowering a Board to deduct from gross realizations for the commodity any levy or toll that is made or imposed on the commodity by any statutory body pursuant to the provisions of the legislation constituting that statutory body, and to remit the total proceeds of that deduction to the statutory body concerned.

Empowering a Board to use for all or any of the purposes of the Board the proceeds of any levy or levies theretofore made.


s.34 75

Empowering a Board to make particular levies on growers or on a particular class or particular classes of growers of the commodity in particular industries or sections of industries or any particular districts or localities, and fixing the amount of such levies, whether on the same or on different bases, in respect to the different industries, operations, districts, or localities.

Providing, if deemed necessary, for the expenditure of the sums raised by any particular levies only in the interests of the particular industry or section of industry or district or locality upon the growers in which such levies were made:

Provided that before any particular levy is made on the growers in any industry, at the request in writing of at least one hundred growers in that industry, or such less number of such growers as may be approved, a poll of such growers shall be taken as prescribed, and if upon such poll the majority of votes is against the making of such levy no such levy shall be made upon the growers in that industry.

Prescribing the basis or bases on which levies, whether general or particular, shall be made.

Prescribing the class of growers for whose benefit any levy whether general or particular should be made.

Prescribing conditions upon which growers may be entitled to participate in the benefit of any levy for the purpose of effecting or providing insurance.

Providing methods of recovery or collection of any levies, whether general or particular, including the recovery or collection of any such levies from persons holding moneys to the credit of the growers liable to pay such levies.

Imposing fines not exceeding 20 penalty units for nonpayment of any such levies or moneys by growers or persons holding moneys to the credit of growers.

(3) A regulation may fix a penalty, not exceeding in any case 20 penalty units, for any breach thereof.

(4) All such regulations shall, subject to section 28A of the Acts Interpretation Act 1954-1977, be of the same effect as if they were enacted in this Act.

As amended by Act of 1928, 19 Geo. 5 No. 8, s. 2 (x); Act of 1930, 21 Geo. 5 No. 22, s. 9; Act of !935, 26 Geo. 5 No. 35, s. 9; Order in Council published Gazette I August 1936, p. 436; Act of 1938,2 Geo. 6 No. 28, s. 15; Act of 1939, 3 Geo. 6 No. 21, s. 8; Act of 1981, No. 38, s. 8; Act of 1983, No. 24, s. 8; Act of 1987, No. 57, s. 33 (as construed by Act No. 35 of 1988, s. 10 in certain particulars).

34. Annual report of Board. (1) A Board shall prepare an annual report in accordance with section 46J of the Financial Administration and Audit Act 1977-1985.

76 s. 34A PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s.34B

(2) The Board shall promptly arrange for a copy of the report referred to in subsection ( 1) to be sent to the last known address of each grower of the commodity who during either of the last two concluded financial years-

(a) has delivered the commodity to the Board; or (b) has been issued with a permit of exemption from delivery

to the Board pursuant to section 15 (4) in relation to the commodity which, but for such permit, would have been required to be delivered to the Board.

(3) Any person, other than the growers who have been sent a copy pursuant to subsection (2), may obtain from the Board a copy of the report referred to in subsection (1) upon payment of such charge (if any) fixed by the Board which charge shall be reasonable and based on the cost of producing and providing the copy. The Board shall ensure that a sufficient number of copies of the report is available for the purposes of this subsection.

(4) The annual report shall include a report on the operations of each Affiliated Body of the Board.

Substituted by Act of 1984, No. 62, s. 10; as amended by Act of 1987, No. 57, s .. 34.

34A. Annual general meeting of growers. ( 1) Within 60 days of the distribution of the annual report referred to in section 34, or within such further period of time as the Minister may allow, the Board shall conduct a meeting of growers of the commodity hereinafter referred to as "the annual general meeting".

(2) The Board shall cause to be published in a newspaper or newspapers circulating within the operational area or areas of the Board a notice which sets forth details of the time, place and agenda of the annual general meeting.

(3) This section shall not operate to prevent the Board from arranging to hold annual general meetings of growers in more than one location within the operational area of the Board.

(4) Part B of the Second Schedule shall apply in respect of the annual general meeting.


34B. Annual report of Director of Marketing. (1) At least once each year the Director of Marketing shall make a report to the Minister for submission to Parliament which shall include-

(a) a report on the operation of this Act; (b) a report dealing with the finances and overall operations of

each Board and Affiliated Body; and (c) a report on the activities of the Division of Marketing of

the Department of Primary Industries.

s.34c PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

s. 36 77

(2) The Minister shall lay the report submitted to him pursuant to this section before the Legislative Assembly within 14 sittings days of receipt of the report by him.

Inserted by Act of 1984, No. 62, s. 10; as amended by Act of 1987, Nn. 571, s. 36.

34c. Application of Act to Affiliated Bod.y. (1) Notwithstanding the provisions of any other Act, but subject to 'Subsection (2) of this section, the provisions of sections 13 {iiiA), 27c, 27D, 29B, 34 and 34A shall apply to an Affiliated Body as if it were a Board.

(2) The audit of the annual statement of accounts of an Affiliated Body shall be carried out by the Auditor-General only as often as he considers necessary.


34n~ Application of Act to State Wheat Board. The provisions of sections llc, 13B, 13c, 27c, 27D, 34, 34A and 34B shaH apply to the State Wheat Board as if it were a Board.

Inserted by Act of 1984, No. 62, s. TO.

34E. Application of Act to The Committee of Direction of Fruit Marketing. The provisions of sections 13B, 13c and 34B shall apply to The Committee of Direction of Fruit Marketing as if it were a Board.


34F. Application of Act to Queensland Grain Handling Authority. The provisions of sections 13B, 13c and 34B shall apply to the Queensland Grain Handling Authority as if it were a Board.


35. Amendment of other enactments.

(1) Amended "The Fruit Marketing Organisation Acts, 1923 to 1925."

(2) Amended "The Stallions Registration Act of 1923."

(3) Amended "The Agricultural Bank Act of 1923."

(4) The foregping provisions of this section shall be deemed to have come into operation on the first day of October, one thousand nine hundred and twenty-six.

(5) Amended "The Wheat Pool Acts, 1920 to 1925."

In section three of the last-mentioned Act, all references to the Primary Products Pools Act shall be read and construed as references to "The Primary Producers' Organisation and Marketing Act of 1926."

WINDING UP ARRANGEMENTS

36. Board may be wound up. Subject to this Act, a Board may be wound up by the Supreme Court on any one of the following grounds:-

( a) growers have voted for the winding up of the Board in accordance with section 37;


s.37

(b) the Board has expired through effiuxion of time and(i) has not been reconstituted under this Act;

(ii) is not subject to an Order in Council issued pursuant to the provisions of section 1 OA extending the period for which the Board is constituted; or

(iii) has not been amalgamated with any other Board or Boards pursuant to section 1 Oc;

(c) if the Governor in Council has so directed upon the recommendation of the Minister following consideration of a report by an inspector appointed pursuant to section 38 and consideration of a poll of growers conducted at the direction of the Minister in respect of any of the matters referred to in section 38 (1) (c) or 38 (1) (e) and in accordance with procedures provided in section 37 (3) and (4); or

(d) the arrangements prescribed in section 40 have been completed,

and jurisdiction is hereby granted to the Supreme Court accordingly. Heading inserted by Act of 1987, No. 57, s. 37. s. 36 inserted by Act of 1987, No. 57, s. 37.

37. Initiation of winding up by growers. ( 1) The Governor in Council may, by Order in Council published in the Gazette (including an Order in Council giving notice pursuant to section lOA), declare that he will receive a petition requesting a poll on the question of whether the Board should be wound up and the property, assets, liabilities and obligations of the Board be thereafter dealt with pursuant to section 40.

(2) If such a petition is received, within 30 days from the date of publication of that Order in Council, that requests such a poll and is signed-. (a) in the case of a Marketing Board, by 30 per centum of the

growers in the Board's area of operation who have delivered a prescribed quantity of the commodity to the Board during a prescribed period; or

(b) in the case of a Board constituted pursuant to section 30, by 30 per centum of the growers of the commodity,

the Minister may direct a poll on that question.

(3) In the event of a poll being directed-( a) all growers of the commodity as prescribed for the purposes

of this subsection; or

(b) if the term growers is not so prescribed, all growers of the commodity in the Board's area of operation,

shall be entitled to vote.


s. 39 79

(4) A poll referred to in subsection (2) shall be conducted by the Department.

(5) If-(a) not less than 50 per centum of growers entitled to vote in

the poll duly exercise their right to vote; and

(b) not less than 60 per centum of valid votes cast are in favour of the winding up of the Board,

the Board shall be wound up in accordance with this Act. Inserted by Act of 1987, No. 57, s. 37.

38. Appointment of inspector. (1) The Minister may, by instrument in writing, appoint any person to be an inspector to investigate the affairs of a Board, or any particular affairs of the Board as may be specified in the instrument of appointment, if-

( a) requested to do so by any creditor or creditors of the Board; (b) the trustees of a debenture trust document have sought the

appointment of a receiver pursuant to the terms of a debenture trust deed;

(c) the Board recommends to the Minister that the Board be placed into voluntary liquidation;

(d) the Board is a Marketing Board and has not received or marketed any of the commodity either directly or by means of an appointed agent for a period of three years; or

(e) it appears to the Minister that it is in the public interest that an investigation be carried out into the affairs of a Board or of any particular affairs of that Board.

(2) An inspector appointed pursuant to subsection (1) shall report to the Minister at such time and in such manner as the Minister may determine.


39. Powers of inspector. The provisions of Part VII of the Companies (Queensland) Code (Special Investigations) shall be deemed to apply in respect of an investigation of a Board by an inspector appointed pursuant to section 38 as if-

(a) the Board were a corporation; and

(b) the inspector appointed pursuant to section 38 were an inspector,

within the meaning of that Part, subject to any modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned.



s.40

40. Vesting of property and assumption of liabilities. (1) For the purposes of this section and section 42 the term "Association" means an association registered or proposed to be registered under the Primary Producers' Co-operative Associations Act 1923-1986 that is, in the opinion of the Governor in Council, representative of the growers of the commodity for which the particular Board is constituted.

(2) Where,;-(a) it is proposed by the Minister that a Board be wound up

in accordance with this Act; or

(b) growers have so voted in accordance with section 37, the Governor in Council may by Order in Council appoint a day, hereinafter called the appointed day, on and from which-

(a) the property and assets of the Board shall be divested from the Board and shall be vested in an Association specified in the Order in Council; and

(b) the liabilities and obligations of the Board shall cease to be liabilities and obligations of the Board and shall be liabilities and obligations of the Association specified in the Order in Council.

(3) All moneys that, immediately before the appointed day, are standing at credit in a Fund or account administered by the Board together with interest accrued and due thereon shall, on and from the appointed day, belong to and be vested in the Association specified in the Order in Council.

(4) All moneys and liquidated or unliquidated claims that immediately before the appointed day are payable to or recoverable by the Board shall on and from the appointed day be payable to and be recoverable by the Association as its property and the Association may pursue such remedies to recover those moneys and claims as might have been pursued by the Board.

(5) All property, real and personal, of the Board shall on and from the appointed day be divested from the Board and be vested in the Association.

(6) On and from the appointed day-(a) all contracts and agreements entered into by or on behalf

of the Board; and

(b) all guarantees, undertakings and securities given by or on behalf of the Board,

and in force immediately before the appointed day shall be deemed to have been entered into or, as the case may be, given by or to the


s. 42 81

Association and may be enforced against or by the Association accordingly.

(7) All actions, suits and proceedings pending immediately before the appointed day at the suit of the Board may, on and from the appointed day, be continued or discontinued by the Association, which shall be substituted as a party thereto in place of tl)e Board.

i ~

(8) All debts due and owing and moneys payabie by and liquidated or unliquidated claims recoverable against the Board and subsisting immediately before the appointed day shall, on and from the appointed day, become and be debts due and owing or moneys payable by or, as the case may be, claims recoverable against the Association.

(9) An Association specified in an Order in Council pursuant to subsection (2) (a) shall, within a period of 90 days from the appointed day, conduct a special general meeting of members of the Association to consider any changes to the registered rules and objects of the Association that may be appropriate following the operation of the provisions of this section.

(10) Upon completion of the operation of the provisions of this section, the Board shall be wound up in accordance with the relevant provisions of this Act.


41. Administrator may be appointed. (1) The Governor in~ouncil may upon the recommendation of the Minister appoint a person to be an Administrator of the operation of the provisions of section 40.

(2) The provisions of Subdivision B (Liquidators) of Division 2 of Part XII of the Companies (Queensland) Code shall be deemed to apply to and in respect of an Administrator appointed pursuant to subsection (1), subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned.

(3) An Administrator appointed pursuant to subsection ( 1) shall be paid such remuneration from the funds of the Board or Association concerned as is determined by the Governor in Council.


42. Duty to facilitate transfer of property etc. (1) Between the date of the making of an Order in Council pursuant to section 40 and the appointed day in respect of that Order, the Board to which the Order refers and all persons connected with the operations of that Board shall do all acts and things necessary or desirable to facilitate-

(a) the transfer to the Association of the property and liabilities provided for by this Act; and


s.44

(b) the delivery to the Association or its nominee on the appointed day of-

(i) all contracts, agreements, guarantees, undertakings and securities entered into by or given by or to the Board; and

(ii) all documents, writings and other records pertaining to the operations of the Board.

(2) The Registrar of Titles, the Registrar of Dealings and all other persons charged with keeping registers with respect to dealings with property shall, upon request made by or on behalf of the Association, make in the registers all endorsements necessary to record the transfer of property to the Association under section 40.

Notwithstanding any enactment to the contrary, a request made for the purpose of this subsection shall not be liable to stamp duty and no fees or charges shall be payable in respect thereof.


43. Procedure for winding up a Board. ( 1) If the Minister is satisfied that one of the grounds exists under the provisions of section 36 for the winding up of a Board, the Director-General on the direction of the Minister may make application to the Supreme Court for the Board to be wound up.

(2) For the purposes of the winding up the Supreme Court may appoint a liquidator or provisional liquidator.

(3) The provisions of Part XII (Winding Up) of the Companies (Queensland) Code shall be deemed to apply to and in respect of such winding up as if-

(a) the Board concerned were a company; and

(b) the liquidator or provisional liquidator appointed by the Court under this section were a liquidator or, as the case may be, provisional liquidator appointed under the provisions of that Part,

subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned.


44. Arrangements and reconstructions. Where a compromise or arrangement is proposed between a Board and its creditors or any class of them, the provisions of sections 315, 316 and 319 of Part VIII of the Companies (Queensland) Code and of Regulation 62 of Schedule 9 to the Companies (Queensland) Regulations shall be deemed to apply to and in respect of that compromise or, as the case may be, arrangement as if the Board were a company, subject to such modifications or additions thereto as are deemed necessary by the Governor in Council


s. 46 83

by Order in Council in respect of the circumstances of the Board concerned.

Inserted by Act of 1987, No. 57 s. 37.

45. Exercise of Board's functions etc. (1) Where a compromise or arrangement referred to in section 44 has been granted the approval of the Court, then subject to the provisions of that compromise or arrangement-

(a) the person or persons appointed to administer the compromise or arrangement shall have and may exercise and perform the powers, duties and functions conferred or imposed on the Board by or under this Act or any other Act to which the Board is subject; and

(b) those powers, duties and functions may be exercised or performed to the exclusion of the Board.

(2) Subject to section 26, any act, matter or thing done or omitted to be done in the exercise or performance of the powers, duties and functions referred to in subsection ( 1) by the person or persons so appointed, shall have the same effect and the same consequences as if it were done by the Board without the compromise or arrangement being in force.


46. Application of moneys remaining after winding up. ( 1) Any moneys remaining upon completion of the winding up of a Board in accordance with this Act shall, notwithstanding the provisions of section 461 of the Companies (Queensland) Code, be placed to the credit of an industry trust fund.

Such trust fund shall be drawn upon by the trustees appointed pursuant to subsection (2) in such manner and for such purposes as may be approved.

(2) A trust fund established pursuant to subsection (1) shall be administered by not less than 3 persons nor more than 7 persons appointed by the Governor in Council by Order in Council of which persons at least half shall be growers of the commodity for which the Board concerned was constituted.

(3) The Auditor-General shall audit each trust fund established pursuant to subsection (1) and in relation thereto shall have and may exercise any or all of the powers conferred on him by the Financial Administration and Audit Act 1977-1985.

(4) The moneys placed to the credit of a trust fund established pursuant to this section shall be disbursed within 5 years of the day on which the fund was established unless the Minister, after consultation with the persons appointed to administer the fund, determines that the fund may continue for a further specified period.


84 s. 47 PRIMARY PRODUCERS' ORGANISATION AND . MARKETING ACT 1926-1987

s.49

47. Regulations and rules. (1) Without limiting the generality of section 33, the Governor in Council may, from time to time, make regulations under this Act to make provision for all matters required or permitted to be prescribed or which the Governor in Council considers convenient to be prescribed to facilitate the operation of sections 36 to 46 (both inclusive).

(2) Rules of Court may be made under the Supreme Court Acts 1861-1985 for the purposes of sections 39, 41, 43 and 44.

The Companies (Queensland) Rules 1985 and any other Rules of Court having effect for the purposes of the Companies (Queensland) Code or the Companies (Application of Laws) Act 1981 immediately prior to the commencement of section 1 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 shall apply for the purposes of those sections, subject to any modifications thereof or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of any particular Board or Boards.


48. Particular modifications. Without limiting the generality of sections 39, 41, 43, 44 and 47, the power of the Governor in Council to make modifications to the provisions of the Companies (Queensland) Code, regulation 62 of and Schedule 9 to the Companies (Queensland) Regulations and any Rules of Court made under the Supreme Court Acts 1861-1985 shall include the specific power to include in any such modifications provisions deeming that a reference in such Code, Regulation, Schedule or Rules to-

(a) a company shall be read as a reference to a Board; (b) a director of a company shall be read as a reference to a

member of a Board; (c) the principal office of a company shall be read as a reference

to the principal place of business of a Board; (d) the liquidator shall be read as a reference to the Administrator

appointed pursuant to section 41; and

(e) the Commission shall be read as a reference to the Minister, and such provisions shall take effect according to their tenor.


MISCELLANEOUS

49. Conditions of approval. Any approval given pursuant to this Act-

(a) may be general or specific; (b) may be subject to terms and conditions; (c) may be given for a period of time or without limit of time;

and

s.SO PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

(d) may be revoked, altered or amended at any time.

s. 51 85

Heading Inserted by Act of 1987, No. 57, s. 38.

s. 49 Inserted by Act of 1987, No. 57, s. 38.

50. Guidelines etc. may be issued. (1) The Minister may after consultation with the Board or Boards concerned issue guidelines, directions or instructions, in writing, to all or any one or more of the Boards in respect of the exercise of any of the powers contained in sections 13, 14, 14D, 14F, 15, 18, 18A, 18B, 18c, 29 and 29B.

(2) A Board shall comply with all guidelines, directions or instructions that have been issued to that Board.

(3) The Director of Marketing shall report to the Minister, in writing, any failure by a Board to comply with any guidelines, directions or instructions that have been issued to that Board.

( 4) Guidelines, directions or instructions issued pursuant to subsection ( 1) may be revoked, altered or amended by the Minister at any time after consultation with the Board or Boards concerned.


51. Approved rules or articles. (1) Notwithstanding any other provision of this Act, the Minister may after consultation with the body concerned make, or approve the making of, rules or articles in respect of any matter that is permitted to be prescribed by or under this Act in respect of-

(a) a Marketing Board; (b) a producer representative body; (c) a subsidiary body of a producer representative body;

or (d) the Council.

(2) A rule or article as made in accordance with subsection (1)(a) shall apply in respect of the particular body or bodies

described therein and shall be binding on, and shall be observed by, that body or bodies, as the case may be;

(b) may operate for a period of time (as may be specified therein) or without limit of time;

(c) may, if made by the Minister, be revoked, altered or amended by the Minister at any time, or, if made with the approval of the Minister, be revoked altered or amended with the further approval of the Minister.

(3) Any action carried out in accordance with any rule or article made pursuant to subsection ( 1) shall be deemed to be a valid exercise of power under this Act.

(4) The Director of Marketing shall cause a register to be maintained of rules and articles made pursuant to subsection ( 1) and shall make


s.54

that register available for perusal by any person on payment of such fee as is approved.


52. Returning officer may be appointed. Where any election, poll, referendum or other vote of growers is to be conducted in accordance with this Act, the Minister may appoint a returning officer to conduct that election, poll, referendum or vote, as the case may be, in the manner prescribed or, where such manner is not prescribed, approved.


53. Application of Act to certain other bodies. Notwithstanding any other provision of this Act, the provisions of sections 36 to 48, both inclusive, shall apply to the State Wheat Board and the Queensland Commercial Fishermen's Organization as if each of those bodies were a Board.


54. Review of Act. ( 1) The Minister shall carry out a review of the operation of this Act:-

( a) not later than 10 years after the date of commencement of section 1 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987; and

(b) thereafter at intervals of not more than 10 years following the year in which the preceding review is completed.

(2) In carrying out that review the Minister shall consider and have regard to-

(a) the effectiveness of the operations of this Act and of each Board constituted and operating under this Act;

(b) the need for continuation, in the then present form, of each Board constituted and operating under this Act; and

(c) such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

(3) The Minister shall prepare a report based on his review of the Act and shall, as soon as practicable after that report is prepared, cause the report to be laid before Parliament.


Sch. I PRIMARY PRODUCERS' ORGANISATION AND MARKETI~G ACT 1926-1987

FIRST SCHEDULE Inserted by Act of 1987, No. 57, s. 39.

SPECIFIED BOARDS

The Atherton Tableland Maize Marketing Board The Barley Marketing Board The Butter Marketing Board The Central Queensland Egg Marketing Board The Central Grain Sorghum Marketing Board The Cotton Marketing Board The Egg Marketing Board The Ginger Marketing Board The Navy Bean Marketing Board The Peanut Marketing Board The Rice Marketing Board The Tobacco Leaf Marketing Board State Wheat Board The Committee of Direction of Fruit Marketing The Queensland Milk Board The Queensland Cane Growers' Council The Queensland Dairyfarmers\$tate Council The Queensland Pork Producers' State Council Queensland Commercial Fishermen's State Council

Sch. I 87

88 Sch. II, r. 1 PRIMARY PRODUCERS' ORGANISATION AND Sch. II, r. 10 MARKETING ACT 1926-1987

SECOND SCHEDULE Inserted by Act of 1987, No. 57, s. 39.

MEETING PROCEDURE

Part A

Board Meetings

s. 11 (11) 1. The rules in this Part shall apply in respect of the conduct of

meetings of a Marketing Board.

2. Subject to rule 3, the Board shall meet at such times and places as the Board by resolution determines.

3. The first meeting of a newly constituted or newly elected Board shall be convened by the Director of Marketing within 30 days of the date of appointment by the Minister of the members of the Board. At that meeting the Board shall elect one of its members to preside as chairman for that meeting.

4. The person appointed as chairman of a Board pursuant to section 11 (1) shall subsequent to his appointment preside at all meetings of the Board at which he is present during his term as chairman.

5. In the event of the absence of the chairman, the Minister inay appoint another member of the Board as acting chairman of that Board during that absence and such person while so acting shall have and may exercise all the powers and shall carry out all the duties of the chairman.

6. In the event of the absence from a meeting, through illness or otherwise, of the chairman or of an acting chairman, the Board may appoint a member of the Board to be chairman of that meeting.

7. In the event of the absence from a meeting, through illness or otherwise, of any member of the Board, the Minister may appoint a person nominated by such person to act as deputy for such member at such meeting and such person while so acting shall have and may exercise all the powers and shall carry out all the duties. of a member.

8. Business of a Board shall not be conducted unless a quorum, made up of that number of members that is more than half the total number of members, is present.

9. The chairman may, and if requested by any two members, shall call a special meeting of the Board at any time.

10. The secretary shall cause the members of the Board to be notified in writing of the agenda and business, to be dealt with at each

Sch. II, r. 11 PRIMARY PRODUCERS' ORGANISATION AND Sch. II, r. 18 89 MARKETING ACT 1926-1987

ordinary or special meeting, not less than seven days before each such meeting:

Provided that, if the chairman and the Director of Marketing so agree, shorter notice may be given of any special meeting.

11. (a) As its first order of business following the election, if necessary, of the chairman ofthe meeting, a newly constituted or newly elected Board shall adopt by formal resolution Standing Orders not inconsistent with this Act for the conduct of meetings and debate.

(b) Standing Orders shall include reference to a published work on meeting procedures that shall be followed and observed to the extent that those procedures can sensibly apply to meetings of the Board.

(c) If any matter arises that is not covered by the Standing Orders so adopted, the decision of the chairman shall be final.

(d) Standing Orders may be amended by the Board at any meeting of the Board.

12. All resolutions dealt with at any Board meeting shall be decided by a majority vote of members present and by open voting, but should any member present request that a ballot be taken upon any resolution then such resolution shall be determined by secret ballot.

13. (a) Except as provided for in rules 14 and 15 every member present .at a meeting shall vote on each resolution dealt with at that meeting.

(b) If a member abstains from voting, other than pursuant to rule 14 or 15, upon any resolution such abstention shall be recorded in the negative.

14. A member who has declared a conflict of interest in respect of any resolution and who has requested that such conflict of interest be noted in the minutes of the meeting shall abstain from voting on that resolution and such abstention shall be so recorded.

15. The Director of Marketing or his deputy, as the case may be, may abstain from voting on any question and such abstention shall be so recorded.

16. In the event of an equality of votes on any resolution, it shall be deemed that the resolution is decided in the negative. Each member of the Board shall have a deliberative vote only.

17. If all the members have signed a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a meeting of the members held on the day on which the document was signed or, if the document was signed by different members on different days, on the last day on which the document was signed by a member.

18. For the purposes of rule 17, two or more documents containing statements in identical terms, each of which is signed by one or more

90 Sch. II, r. 19 PRIMARY PRODUCERS' ORGANISATION AND Sch. II, r. 6 MARKETING ACT 1926-1987

members, shall together be deemed to constitute the document containing a statement in those terms signed by those members on the respective days on which they so signed.

19. A written record of any resolution as described in rule 17 shall be presented to the next meeting of the Board for confirmation as to the correctness of that recording and, if so confirmed, shall thereupon form part of the minutes of that meeting.

20. A member shall declare to the Board the intere~t held by him in any body corporate or bodies corporate and that declaration shall in the case of each such body corporate contain the particulars required to be included in a notice in writing by a director pursuant to section 232 of the Companies (Queensland) Code.

21. The secretary shall keep minutes of all meetings of the Board and shall forward a draft copy of the minutes of each meeting to each member of the Board not later than 14 days from the date of the meeting.

22. A draft copy of the minutes shall be presented to the next meeting of the Board for confirmation as to the correctness ofthat copy, and if so confirmed shall be signed by the chairman and secretary as representing the true minutes of that preceding meeting.

Part B

Annual General Meetings of Growers

(s. 34A (4)) 1. The rules of this Part shall apply in respect of the conduct of

the annual general meeting of growers and, subject to the approval of the meeting, may apply at any other meeting of growers convened by the Board.

2. The chairman of the Board shall be the chairman of the annual general meeting.

3. In respect of any matter not covered by these rules or in any .... disputation regarding the interpretation of these rules, the decision of the chairman shall be final.

A. Standing Orders adopted by the Board concerned for the conduct of meetings shall, as far as they are relevant, apply in respect of the annual general meeting.

5. The qualifications in respect of entitlement to vote at an election of Board members shall apply mutatis mutandis to entitlement to vote at the annual general meetings of growers:

'Provided that every Board member shall be entitled to;a,vote. 6. Subject to these rules, a person who desires ~to make anmotion

at an annual general meeting of growers-shall forward to the secretary of the Board concerned a notice of motion in ·writing, signed by~:the mover and a seconder who shall be persons entitled to vote, at such~a

Sch. II, r. 7 PRIMARY PRODUCERS' ORGANISATION AND Sch. II, r. 14 91 MARKETING ACT 1926-1987

meeting, so as to reach the secretary not less than 14 days before the day of the annual general meeting.

7. A notice of motion duly received by the secretary of the Board shall be placed on the notice paper for the annual general meeting and .. shall be debated unless the meeting by a majority vote determines :; otherwise.

8. The chairman may, at his absolute discretion; accept or reject motions or amendments to motions from the floor.

9. The chairman may group motions dealing with the same or similar matters and direct that debate be conducted simultaneously on all such motions.

10. The chairman-(a) may direct that a vote be taken on any matter that is before

the annual general meeting; and (b) shall take a vote on any motion properly before the meeting

if so required by a maJOrity of growers present and entitled to vote.

11. All motions dealt with at an annual general meeting shall be decided by a majority vote of growers present and entitled to vote and by open voting:

Provided that if any grower present and entitled lt:o :Note requests that a ballot be taken upon any motion, such motion shall be determined by secret ballot.

12. A motion on the notice paper shall lapse unless the mover and seconder are present for the debate of that motion.

13. A record shall be kept by a person appointed by the chairman of all motions on which a vote is taken and such record shall include -the result of that vote and shall be open for inspection at the Board's offices by any grower entitled to vote.

14. The determination of policy in respect of all matters affecting the operation of the Board shall be the prerogative of the Board:

Provided that, in formulating that policy the Board shall consider any motion passed at an annual general meeting.

92 Sch. III PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Sch. III

THIRD SCHEDULE Inserted by Act of 1987, No. 57, s. 39.

CHANGE IN NAME OF BODIES

s. 30c (4)

Column 1 Column 2

Queensland Dairymen's Organisation

Queensland Organisation

Dairyfarmers'

Queensland Dairymen's State <2ouncil

Queensland Dairyfarmers' Council

State

local dairymen's branch district dairymen's council

local dairyfarmers' branch district dairyfarmers' council

"Primary Producers' Organisation and Marketing Act 1926-1987" NOTE: "The Primary Producers' Organisation and Marketing Act,

1926-1987," has from time to time been amended .in respect to various Commodity Boards mentioned hereunder, by Orders in Council as follows:-

Board Date of Gazettal of Order in Council

Atherton Tableland 21 June 1927, p. 2051 Maize Marketing Board

30 July 1927, pp. 250-51

6 October 1928, p. 1202

31 May 1930, pp. 1926-27

27 September 1937, pp. 470-71

17 September 1938, p. 896

12 April 1969, pp. 1248-49

15 November 1969, pp. 1150-51

16 August 1986, p. 2571

Section of Act Amended

Inserting new section 14 (d).

Inserting new paragraph (c) of subsection ( 4) of section 15.

Adding new subsection (vi) to section 14.

Inserting new section 15 ( 1) and adding new subsections (a) and (b) thereto. Inserting new sections 21 and 21 (a).

Repealing subsection (9) of section 21 and inserting new subsections (9) to ( 16), inclusive.

Repealing section 15 (1) and inserting new section 15 ( 1) in lieu.

Repealing subsection ( 1) of section 15 and inserting new subsection ( 1) in lieu.

Inserting new section 14N

Amending subsections (vi), (vii) and (ix) of section 5.

Sch.III PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Sch. III 93


Barley Marketing Board 28 June 1930, pp. 2173-74

25 April 1942, p. 1310

19 November 1955, p. 1343

2 November 1957, pp. 932-37

16 March 1963, pp. 1015-16

18 July 1970, p. 1516 27 October 1973, p. 1055 6 September 1975, p. 29

26 May 1979, pp. 684-85 11 October 1980, p. 691 5 December 1981, p. 1435 10 September 1983, p. 136 17 December 1983, p. 1680

Butter Marketing Board 25 February 1928, pp. 882-83 16 February 1929, pp. 420-21

13 April 1933, pp. 1479-82

15 November 1935, pp. 1429-35

23 January 1937, pp. 105-6 26 June 1943, pp. 1820-21

28 August 1943, p. 800

9 April 1949, p. 1225


Inserting new section 14 ( 1 ), and adding new subsection (12) to section 19.

Inserting new subsection (6) to section 14 (1).

Adding new paragraph to subsection (3) of section 15.

Substituting new subsection ( 1) of section 15 for subsection (1) of section 15; amending subsection (3) of section 15; inserting new sections 21 A, 21B, 21C, 21D, 21E, 21F, 21G and 21H in lieu of section 21; adding new paragraph to subsection (3) of section 31; repealing subsection (4) of section 31 and inserting new subsection (4) of section 31 in lieu.

Adding paragraph (d) to subsec-tion ( 1) of section 14 (I).

Subsection (2) of section 18. Section 14Q. First paragraph of section 14 (I)

(1) deleted and new first paragraph inserted in lieu thereof.

Section 21o. Section 21D. Subsection 2 of section 18. Subsection 2 of section 18. Subsection 2 of section 18.

Subsection (2) of section 18. Inserting new subsection (2) to

section 18. Inserting new subsection (2) to

section 18. Inserting new subsection (2) to

section 18; repealing subsections (4), (5) and (6) of section 15, and inserting new section 15A; inserting subsection ( 6) of section 31.

Subsection (2) of section 18. Inserting new section 14 (A) and

new subsection (5) to section 19.

Inserting new paragraph (1) to subsection (2) of section 18.

Inserting new subsection (v) to section 13.

94 Sch. III PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Sch. III


'20 January 1951, p. 148'

21 March 1953, pp. 979-80

'ZE November 1:959,. PI?> 1876-77

6 October 1962, pp. 404-5 22 February 1986, p. 671

Central Queensland Egg 29 March 1947, pp. 972-73 Marketing Board

24 July 1948, pp. 684-85

18 June 1955, pp. 846-47

15 April 1961, pp. 2064-66

21 March 1970, pp. 1075-76 26 July 1976, p. 2267

Central Queensland 10 March 1956, pp. 761-63 Grain Sorghum Mar-keting Board

7 December 1957, pp. 1651-56


Inserting new subclause (d) of subsection ( 1) of section 14 (A); repealing subsection (4) of section 14 (A); and inserting new subsection ( 4) of section 14 (A).

Amending subsections ( 1) and (4) of section 14 (A); repealing subsection ( 5) of section 14 (A) and inserting new subsection (5) of section 14 (A); amending subsection (5) of section 19.

Inserting new section 13A.

Subsection (2) of section 18. Subsection (1) of section 14 (A).

Inserting new section 18.

Inserting new sections 15 ( 1) and 21.

Adding subparagraph (a) to paragraph (iii) of section 13.

Amending subsections (5) and (6) of section 21 and inserting new sections 21A, 21B, 2lc, 21D; 2lE and 21F.

Inserting new section 14Q. Omitting section 21A and sub

stituting a new section 21 A.

Inserting new section 14M; substituting new subsection ( 1) of section 15. in lieu of subsection (1) of section 15; adding new paragraph to subsection (3) of section 15; repealing subsections (4), (5) and (6) of section 15; inserting new section 15A; substituting new se.ction: 1& for; section 18; adding new subsection (13) to section 19.

Amending paragraph (a) of subsection (1) of section 15; amending subsection (3) of section 15; repealinjl second paragraph of subsectwn, (i3}of section· 15; substituting sections 21A, 21B, 2lc, 2lo, 21E, 21F, 2lo and 21H for section 21; adding new paragraph to subsection (3) of section 31; repealing subsection ( 4) of secti<m 31 and inserting new subsection ( 4)' of' section 3f in lieu.

Sch.111

Board


Sch. III 95

Date of Gazettal of Order in Council

23 August 1958, pp. 2956-58

12 May 1974, p. 368

28 July 1984, p. 1863

16 August 1986, p. 2571


Amending paragraph (a) of subsection (2) of section 18; amending subsections (10) and (12) of section 21A; repealing subsection (9) of section 21 8; repealing subsection (2) of section 21c; renumbering subsection (3) of section 21 c as subsection (2); amending subsections (1), (3), and ( 4) of section 21 o; amending subsections (1) and (2) of section 21 F; inserting new section 211.

Omitting subsection (5) of section 18 and substituting new subsection (5).

Omitting subsection ( 1) of section 14M and substituting new subsection (1).

Amending subsection ( 5) of section 18 by inserting two additional paragraphs therein.

Cotton Board

Marketing 5 March 1927, pp. 757-58 Inserting new section 14A and adding subsection (5) to section 19.

· 16 April 11.927, p. 1257

23 July 1927, p. 199

31 May 1930, pp. 1925-26

2 April 1932, p. B95

28 August 1937, p. 563

25 December 1943, p. 1747

22 December 1945, 'I'· 1549

31 October 1953, p. 997

4 December 1965, p. 1297

11 March 1967, pp. 927-28

12 October 1968, pp. 492-93 2 Nov.ember 1968, pp. 807-8

' 21 JJlillilafo/ 19:7S, ~ 186 I 15 April 1978, ·p. 1472

1 Amending above Order in 1 Council gazetted 5 March

1927. Amending above Order in

Council gazetted 5 March 1927.

Adding new subsection (vii) to .section 14.

Inserting new subsection (iv) to section 13.

Adding new subsection (SA) to section 18.

Adding proviso to subsection ; (SA) of :section 18.

Adding new subsection (5) to section 14A.

, Inserting new subsection (58) to section 18.

Amending subsection (SA) of section 18 and deleting subsection (58) .of:section 18.

Inserting new ·subsection (1) of section 15.

Subsection ( 1) of section 15. Adding new subsection (6) to

section 14A. 1 Subsection (2) of '!IOCII:IDn 15. · Renumbering section 14A as

section 148 and amending subsection ( 1) thereof.

96 Sch. III

Board


Sch.III


20 January 1979, p. 182

7 April 1979, p. 1318

19 June 1982, p. 1S92 23 June 1984, p. 1334


Subsections (S) and (6) of section 14 (B).

Subsections (1) and (S) of sec-tion 14 (B).

Subsection (SA) of section 18. Subsection (SA) of section 18.

Egg Marketing Board 2S June 1927, pp. 2079-80 Inserting new section 14E and

23 July 1927, p. 199

1 August 1936, pp. 436-37

S November 1938, pp. 19S4-SS

13 April 1940, pp. 14S1-S2

7 December 1940, pp. 1689-90 27 September 1941, p. 1124

27 September 1941, pp. 112S-26

28 November 1942, p. 1696

S August 1944, pp. 198-99

16 December 1944, p. 1170

3 November 194S, p. 1009

13 December 1947, pp. 2269-70 20 December 1947, pp. 2417-18

20 October 19S1, pp. S3S-36

1 March 19S2, pp. 782-83

adding new subsection (8) to section 19.

Amending above Order in Council gazetted 2S June 1927.

Inserting new section 18; inserting new provision after the fourth provision in subparagraph (f) of paragraph (iii) of subsection (1) of section 33.

Inserting new subsection (6) of section 18.

Adding new paragraph (ixA) to subsection ( 6) of section 18.

Subsection (6) of section 18. Adding new paragraph (viA) to

subsection ( 6) of section 18. Inserting new sections 1S ( 1)

and 21. Adding provision to subpara

graph (f) of paragraph (iii) of subsection (1) of section 33.

Adding proviso to paragraph (iv) of subsection (6) of section 18.

Adding new subsection (S) to section 14E.

Adding further proviso to paragraph (iv) of subsection (6) of section 18.

Adding new section 14A. Amending subsection ( 1) of sec

tion 14E, and adding new paragraphs (d) and (e) to such subsection; amending paragraphs (iv) and (ix) of subsection ( 6) of section 18.

Amending part (b) of Clause 3 and part (i) of Clause 4. Deleting subsection (S) of section 14 (e). Deleting subsection (6) of section 18. Amending subsections (1) and (6) of section 21.

Paragraph (a) of subsection (1) of section 1S.

Sch. III PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Sch. III 97


21 December 1957, pp. 2032-33

15 February 1958, p. 516

26 June 1965, p. 1140

12 February 1966, pp. 1148-49 21 March 1970, pp. 1074-75 19 December 1970, pp. 1537-38

20 May 1972, pp. 391-92

7 March 1981, p. 780

27 October 1984, p. 893 21 September 1985, p. 251

Ginger Marketing 3 October 1942, pp. 939-40 Board

Navy Bean Board

Marketing

Peanut Marketing Board

25 December 1943, p. 1746 5 March 1955, p. 882

13 November 1948, pp. 2668-69

20 April 1968, pp. 1589-90

13 September 1975, p. 117 11 June 1977, p. 953

30 June 1984, p. 1467

30 August 1930, pp. 951-52

16 July 1938, p. 225


Substituting new subsection (5) of section 21 for subsection (5) of section 21; amending subsection ( 6) of section 21; inserting new sections 21 A, 21B, 21c, 21o, 21E and 21F.

Amending Schedule to section 21c.

Adding new subsection (5) to section 14 (E).

Section 21E. Inserting new section 14P. Inserting subsection ( 6) to sec-

tion 14 (E). Rescinding subsection (4) and

amending section (5) of section 18.

renumbering Clause (5) as clause ( 4) of section 18 and inserting new clause (5).

Section 18 ( 5). Rescinding subsection 18 (2) and

inserting new subsection 18 (2).

Inserting new subsection (1) of section 15 and adding new subsection to section 15 after subsection (3) thereof; inserting new sections 21 and 21A.

Adding new section 14 (I). Repealing subsections (4), (5)

and ( 6) of section 15 and insertmg new section 15A.

Inserting new section 14 (J) and adding new subsection (13) to section 19.

Inserting new subsections (1) and (2) to section 15.

Section 14 (J) ( 1 ). Adding to subsection 6 of sec

tion 14 (J). Section 14 (5) (l).

Adding new subsection (viii) to section 14, and new subsection (7) to section 15; adding new section 14H, and new subsection ( 11) to section 19; adding new subsections (c) and (d) to section 15 (1), and amending section 15 (2).

Amending section 14H, and amending subsection (11) of section 19.

98 Sch. ill PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987

Sch. III

Board

Rice Marketing Board


30 January 1943, pp. 317-18

3 September 1966,. p. 29

1 July 1967, p. 1060

13 November 1971, pp. 1176-78

8 June 1974, p. 835 2 July 1983, p. 1463 28 April 1984, p. 1786

8 December 1984, p. 1937

Tobacco Leaf Market- 20 November 1948, pp. 2755-ing Board 56

21 May 1949, pp. 2150-51

30 January 1954, p. 251

3 October 1959, pp. 701-3

1 July 1961, p. 844

16 March 1963, pp. 1014-15

29 June, 1968, p. 1029

BY AUTHORITY


Adding new subsection (5) to section 29.

Section 18 deleted and new section 18 inserted.

Subsection (7) of section 15.

Inserting new subsection ( 1) of section 15; inserting new subsection (3) of section 15; inserting new section 18; adding subsection (13) to section 19.

Adding new subsection 14 (viii). Subsection ( 13). Section 14H (1) repealed and

new section 14H (1) inserted. Subsection ( 13).

Inserting new subsection (1) of section 15 and inserting new sections 18 and 21.

Adding new section 14 (K), and adding new subsection (12) to section 19.

Adding new paragraph to subsection ( 1) of section 18 and amending subsection (2) of section 18.

Amending section 18 and adding new subsections (5) and ( 16) to section 18.

Adding new subsection (4 AA) to section 11.

Subsections ( 1) and (2) of sec-tion 18. ·

Inserting new subparagraphs (g) and (h) after subparagraph (f) of paragraph (iii) of subsection (1) of section 33.

S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-I987

77899 (Rpri28) I2/87

INDEX

TO THE


Act-amendment of other application of, to

Affiliated Body .

A

s. 35

Committee of Direction of Fruit Marketing Queensland Commercial Fishermen's Organization Queensland Grain Handling Authority

34c (.!) 34E 53 34F

State Wheat Board . commencement of . extension of, re amalgamation of Boards .

ss. 340, 53 s. I

!Oc extension of, re declaration of commodities and constitution of

Boards for same meaning of term not to exceed legislative power of State protection of Crown. etc .. in execution of repeal of earlier review of, by Minister

considerations re report re, to be laid before Parliament when to be done

short title of

Administrator-

9 (I). 2 :t.-

26 3

54 (2). 54 (3). '54 (I).

I

Governor in Council may appoint re winding-up of Board . powers of .

41 (I) . 41 (2). 41 (3). remuneration of

Administrator of Board See Board.

Affiliated Body-.annual report of Board to include operations of application of Act to Auditor~General to audit annual statements of accounts of. meaning of term

34 (4). 34c (I) 34c (2) 2

Minister's ·directions re . not to act in association with Board unless approved

approvals re

Agent-Authruii.OO, meaning .of term commodity may be .deli~.ered to . Marketing Board may act as Marketing Board may .~point Marketing Board 1<> insnre .against -defalcation by

l3cl3B (I) 13B (2), (3)

2 15 (I) .. 14 (2) (b) 14 (I) (i), (ii) 14A (I)

tender lo, evidence <>f iD'Iention .to deliver to Marketing Board . 17

Amalgamation of Boards

Annual-general meeting of growers

adoption of Standing Orders re . chairman of ..

decision of. to be final . powers of. re motions

details re, to be advertised entitlement to vote at location of. remotions when to be held

IOc

Sch. 2, Part B, r. 4 Sch. 2, Part B, r. 2 Sch. 2, Part B, r. 3

Sch. 2, Part B. rr. 8-10 S. 34A (2)

Sch. 2, Part B, r. 5 S. 34A (3)

.. Sch. 2, Part B. rr. 6-14 S. 34A (I)

Page

77

77 77 86 77

77, 86 3

28

15 6 3

53 6

86 86 86

3

81 81 81

76 77 77 3

38 38 38

3 43 40 39 40 44

28

90 90 90 91 76 90 76

90-91 76

100

Annual-continued report of Board-

to be available to public to be furnished to growers to be prepared ..

INDEX

to include operations of each Affiliated Body report of Director of Marketing-

to be furnished to Minister .. to be laid before Legislative Assembly

Appointed day-Governor in Council to appoint . meaning of term

Approvalconditions of ..

Approved-meaning of term

Arrowroot flourdeclared a commodity

Articles-Minister may make or approve, re certain bodies ..

actions re, deemed to be valid provisions re register re, to be available for perusal

Association-duty of Board to facilitate transfer of property, etc., to

record of transfer re meaning of term for the purposes of ss. 40, 42 to conduct annual general meeting vesting of properties and assumption of liabilities in, re winding

up of Board

Auditor-General-Department of. to audit Council of Agriculture Fund Minister may authoriz_e, to audit books, etc., re superannuation

schemes, etc. to audit annual statement of account of Affiliated Body to audit funds, etc., of subsidiary bodies to audit industry trust fund ..

B

Bank-Board may invest moneys with Marketing Board may enter into financial arrangements with meaning of term

Board. See also Marketing Board. Act may be extended to, wholly or with modifications.

re Joint acts or proceedings of, not to be invalid Administrator of-

appointment of remuneration of term of office of

amalgamation ofeffect of notice of, to be given Orders in Council re petitions re property and assets, etc., of . regulations re .. to be called Joint Board

appointment of inspector to investigate affairs of averment on behalf of, to be sufficient evidence re offences

s. 34 (3) .. 34 (2) .. 34 (I) .. 34 (4) ..

348 (I) 348 (2)

40 (2) .. 2

49

2

ss. 2, 9 (I)

s. 51 (I) .. 51 (3) .. 51 (2) .. 51 (4) ..

42 (I) .. 42 (2) .. 40 (I) .. 40 (9) ..

40 (2)-(8)

5 (2) ..

298 (2) 34e (2) 30E (2) (c). 46 (3) ..

278 (I) (b). 14o (a) (iv) 2

9 (I) IOe II (7)

lie (2) lie (3) (b). lie (3) (a).

IOe IOe IOc IOc IOc IOc IOe 38 32 (3).

..

Page

76 76 75 76

76 77

80 3

80

4, 15

85 85 85 85

81 82 80 81

80-81

13

57 77 69 83

53 42

4

15 28 33

34 34 34

28 28 28 28 28 28 28 79 71

INDEX

Board-continued Brisbane Milk Board deemed to be, for the purposes of s. 14A

(2) Cannery Board deemed to be, for the purposes of s. 27• chairman of-

appointment of, by recommendation . re-appointment of removal or suspension from office of termination of office of . vacancy in office of

Committee of Direction of Fruit Marketing to be, for certain purposes ..

commodity may be separated from control of confidentiality of members of constitution of .. documents signed, etc., by, to be judicially noticed as evidence re

offences establishment, etc., of superannuation-schemes, etc., by

Auditor-General may audit books, etc., re Minister to approve

existing-extension of time re notice to be given when duration of, to be extended Orders in Council re petition for continuance or otherwise of regulations re .. vote for continuance or otherwise of.

extension of specified district or locality of fraud by officers, etc., of general powers of Governor in Council may constitute, for declared commodity guidelines, etc., may be issued to

when failure to comply .. investment of moneys by

approvals re title of securities, etc., re, to be held by Board or Treasurer

may be wound up by Supreme Court arrangements and reconstructions re .

exercise of Board's functions, etc., re. protection of Crown re .

application of moneys remaining after appointment of administrator re.

powers of . appointment of inspector re .

powers of. initiation of. by growers particular modifications re procedure re regulations and rules re . vesting of properties and assumption of liabilities in Associa

tion re duty of Board to facilitate transfer of property, etc., re. record of transfer re

may control several commodities may have no power of marketing may make levy

establishment of funds re proceeds of contributions for legal expenses from Governor in Council may give directions re

Governor in Council may direct . notice of intention re certain, to be advertised

petitions re provisions re general provisions re particular .. re Egg Board regulations may be made re ..

may require growers and holders to furnish returns may transfer unclaimed moneys to funds. meaning of term meetings of

S. 14A (3) 278 (3)

II (I) .. lie (4) II (4) .. lie (I) II (10)

ss. 4 (20) (b), IOe, IOo, 11(4~ 13, 14A(3), 23A (3), 27 A (2), 278 (3), 29 (3) ..

IOD liD 9 (4)

32 (I) 298 298 (2) 298 (I)

lOA lOA lOA

ss. lOA, lOB S. lOA

lOA 9 (7A) .. 13A 13 9 (I) 50 (1), (2) . 50 (3) .. 278 (I) 278 (2A) 278 (2) 36 44 45 (I) .. 45 (2) 46 41 (I). 41 (2) 38 39 37 48 43 47

40 (2)-(8) 42 (I). 42 (2). 10 9 (6) ..

29 (I). 29 (2) 29 (4) 29 (2A) 29 (2A) 29 (2). 29 (2). 33 (2) .. 33 (2). 29e 29 (3). 25 (I) . 27A (I) 2

II (II)

101

Page

40 54

31 35 32 34 33

13, 28, 30, 32, 36, 40, 52, 53,

54, 56

30 35 17

71 57 57 57

25 25 25

25,27 25 25 20 37 36 15 85 85 53 54 54 77 82 83 83 83 81 81 79 79 78 84 82 84

80-81 81 82 24 19 54 54 56 56 56 54 54 74 74 58 56 52 53 4

33

102

Board-continued members of-

appointment of failure to elect .. prescribed instruments re re-appointment of .. removal from office of remuneration of term of office of termination of office of . vacancy in office of vacation of office of

Minister's directions re . name of

INDEX

not to act in association with affiliated Body unless approved not to be concerned in party politics . not to represent Crown . notice of intention to make Order in Council re marketing of

commodity by, to be advertised .. Orders in Council may make provisions for. re

entry inspection . licenses records of purchases returns seizure and delivery zones

Orders in Council may declare duration and extent of powers, etc., of.

payment of fees, etc., by, to director of marketing. percentage of voters required at polls re constitution of petition by growers for vesting property of commodity in precepts by Council re protection of, re execution of Act provisions of prescribed instruments re-

business of computation of net proceeds conditions of sale licences licenses to manufacturers quality, standard, etc. records of expired

Queensland Cane Growers' Council declared to be Queensland Commercial Fishermen's State Council deemed to be,

for the purposes of s. 14A (2) Queensland Milk Board declared to be, for the purposes of s. 4 State Council may exercise powers, etc., of State Wheat Board deemed to be, for certain purposes

to be medium of communication for Government and Council of Agriculture

to be represented on Council to conduct annual general meeting of growers.

location of. publication of details re. when to be held

to keep minutes of decisions to notify Council re name of elected member. to pay expenses of elected member of Council to prepare annual report

to be available to public to be furnished to grower to include operations of each Affiliated Body .

when failure to elect, etc., representative on Council of Agriculture

when grower to pay unpaid levies to . when to pay precepts by dissolved Council

Body corporate-Council to be Queensland Cane Growers' Council to be

Page

s. II (I) . 31 liB (b) 34 33 (I) (i) (a) 72 lie (4) 35 12 35 II (3). 31 9 (4) 17 lie (I) 34 II (8), (9) .. 33 liE 35 13e .. 38 II (3),.(JA) 31 13B (I) 38 12 35 II (2). 31

9 (5) 18

9 (7B) (b), (g) . 21, 22 9 (7B) (f). 22 9 (7B) (a) .. 21 9 (7B) (h) .. 22 9 (7B) (e) .. 21 9 (7B) (c), (9) . 21, 22 9 (7B) (i) .. 23

9 (7). 19 6 (3). 14 9 (5A) 19 9 (2), (3) .. 16, 17 5A 13

26 53

33 (I) (iii) (a) 73 33 (I) (iii) (d) 73 33 (I) (iii) (b) 73 33 (I) (iii) (e) 74 33 (I) (iii) (e) (i) 74 33 (I) (iii) (c) 73 33 (I) (i) (cl) 73 30 (3). 59

14A (3) 40 4 (20) (b) .. 13

30o (2) (a) :68 ss. 4 (20) (b), IOc, IOo, 13, 28, 30, 32,

II (4), 13, 14, 14A 36, 38, 40, 46, (3), 18 (6), 23A (3), 52, 53, 54, 56, 27A (2), 27B (3), 58 29 (3), 29B (5) .

s. IIA 33 4 (2) (a), (b), Sch. 8, 87

S. 34A (I) 76 34A (3) 76 34A (2) 76 34A (I) 76 II (5). 33 4 (2A) 8 4 (15) 12

34 (I). 75 34 (3). 76 34 (2). 76 34 (4). 76

liB (a) 34 3 (6). 8 3 (5). 8

4 (12) II 30 (7A) 62

INDEX

Brisbane Milk Board-deemed to be a Board for the purposes of s. 14A (2)

Butter Marketing Board-payment arrangements re. deemed to be valid

c Cane Growers' Council. See Queensland Cane Growers' Council.

Cannery Board-deemed to be a Board for the purposes of s. 27B

Cash Payment Scheme Reserve Account-money standing to credit of, may be used to recover losses of

Marketing Board surplus of moneys re payment to growers by Marketing Board to

be credited to

Central Queensland Egg Marketing Boardpayment arrangements re. deemed to be valid

Certificate-issue of, by Marketing Board re delivery of commodity meaning of term

Commencement of Act .

Committee of Direction of Fruit Marketingapplication of Act to deemed to be a Board for certain purposes

power of. to make regulations re levies separation of certain commodities from

Commodity-Act may be extended to, wholly or with modifications. amalgamation of Boards re arrowroot flour declared to be contract for sale of. by growers to be void

interstate excluded delivery of. to Marketing Board

acceptance of advances may be made re decision re quality. etc .. to be final deductions from payments of debts due and owing duty to give notice of encumbrances, etc .. re establishment of reserve funds and reserve fund accounts re exemptions re grower to give notice of order for payment of harvesting

costs re issue of certificates and payment re notice of lien, etc., to be given to re . . operation of pools re payments to growers re

variation of when damaged or destroyed .

priority of order for payment of harvesting costs re recovery of losses re surplus moneys to be credited to be in name of grower where portion remains unsold

existing Boards re extension of specified district or locality of Board re Governor in Council may, re-

constitute Board for declared declare determine representation by growers on Board limit definition of declared prescribe penalties for failure to comply with Orders in

Council

103

Page

S. 14A (3) 40

18A (2) 47

278 (3) 54

18 (28) (b). 45

18 (2A) 45

18A (2) 47

19 45 2 4

34E 77 ss. 4 (20) (b), IOc, IOD, 13, 28, 30, 32,

II (4), 13, 14A (3), 36, 40, 52, 53, 23A (3), 27 A (2), 54, 56 278 (3). 29 (3) .

s. 29 (3). 56 IOD 30

9 (I). 15 IOc 28

ss. 2, 9 (I) 4. 15 s. 20 (I). 50

20 (3). 50 15 (I). 43 18 (I). 44 19 (4). 50 18 (3). 45 18 (8). 47 23 (I). 51 18 (5). 46 15 (4)-(6) 43

23A (2) 52 19 49 22 50 18 (7). 46 18 (2). 44 18A (I) 47 18 (4). 46 23A (I) 51 18 (28) 45 18 (2A) 45 16 44 18 (9) .. 47 lOA 25 9 (7A) 20

9 (I). 15 9 (I). 15 9 (4). 17 9 (Is) 16

9 (lA) 15

104 INDEX

Commodity-continued GOvtmoillt Council may make provisions for, re

entry inspection . licenses records of purchases returns seizure and delivery zones ..

may be separated from control of Board meaning of term meaning of term for the purposes of ss. 30c, 30E notice of intention to make Orders in Council re marketing of, by

Board to be advertised Order in Council may declare duration and extent of . percentage of growers required at certain polls re declaration of petition by growers for-

continuance or otherwise of Board re declaration of vesting property of, in Board

pigs declared to be . plywood and veneer declared to be powers, etc., of Board re-

may control several may have no power of marketing re . may make levy re

petitions by growers re certain may require growers and holders to furnish returns re .

powers, etc., of Marketing Board re-may appoint agents, etc., for may contract with growers for

considerations re may implement scheme re marketing arrangements for indi-

vidual growers of may offer commodity and book debts as security may process other -may request Railway Commissioner to refuse to carry . may specify contract for sale of, by growers to be void

interstate, excluded . to act as agent for to arrange export of to arrange processing, etc., of to consider petitions re . to insure, against damage to operate laboratories, etc., re to provide for consumption of, in Queensland to purchase, to meet demand to sell, etc. to supply, etc., seed, etc., to growers .

prescribed instruments re producer representative bodies re producers of, may apply to form a provisional executive remedy against Marketing Board re, confined to claim for an

account sugar cane declared to be when Board levies re, to be paid by grower

Commonwealth Constitution-Act to be read subject to

Consolidated Revenue-salaries, etc., of officers of Council may be paid out of

Contracts-by growers for sale of commodity to be void .

interstate, excluded . interstate, not to be affected re vesting property of commodity in

Board. Marketing Board may make, with growers

considerations re

Corporation-Marketing Board to be, for certain purposes meaning of term for the purposes of s. 30

s. 9 (78), (b), (g) 9 (78) (f). 9 (78) (a). 9 (78) (h) .. 9 (78) (e). 9 (78) (c), (g) . 9 (78) (i).

!Oo 2

30E (6)

9 (5) . 9 (7). 9 (5A)

lOs 9 (I). 9 (2), (3) .

ss. 2, 9 (I) 2, 9 (I)

s. 10 9 (6).

29 (I). 29 (2). 25 (I) .

14 (I) (i), (ii) 18c 18c (2)

188 14c 14 (4). 21 20 (I) . 20 (3). 14 (3) (b) 14 (I) (v) 14 (I) (viii) 14 (I) (vi) . 14 (I) (ix). 14 (I) (x) 14 (I) (iv). 14F 14 (2). 14 (3) (a) 33 (I) (iii) (b), (c) 30c 12

22 30 (I).

3 (6).

lA

6 (1), (5) .

20 (I). 20 (3).

9 (2), (3) . I8c 18c (2)

14s 30A

Page

21, 22 22 21 22 21

21, 22 23 30 4

70

18 19 19

27 15

16, 17 4, 15 4, 15

24 19 54 54 52

39 47 47

47 41 40 51 50 50 40 39 39 39 39 39 39 42 39 40 73 67 35

50 58 g

13, 14

50 50

16, 17 49 49

41 65

INDEX

Cotton Marketing Board-pricing schemes implemented by, deemed to be valid

Council-application of proceeds of levy by Board to precepts by appointment of Director of Marketing to . appointment of officers to

salaries, etc .. re Board to be medium of communication for Chairman of-

duties of when decision of, to be final who to be.

constitution of, etc., re sugar industry corporation of, to be dissolved deemed to be a Board for the purposes of s. 29a documents signed, etc., by, to be judicially noticed as evidence re

offences Executive Committee of

Chairman of appointment of member to act in absence of .

members of-acts and proceedings of, not to be invalid appointment of alternate member in absence of duties of term of office of vacancy in office of who to be.

to fix dates re meetings of Council functions of may adopt Standing Orders . meaning of term members of-

Board or ogranisation to notify name of elected election of Chairman and Deputy Chairman by expenses re meetings of Minister to be represented nomination of delegate to deputise during absence of

when Minister to approve prescribed instruments re removal from office of term of office of vacancies in office of vacation of office of when Governor in Council to grant approval re who not to be who to be .

not to be concerned in party politics . of Agriculture Fund-

administration and audit of . establishment and application of. moneys to be paid into . moneys to be paid out of prescribed instruments re

precept by, re each Board and organisation producer representative bodies to represent growers, etc., on protection of, re execution of Act provisions of prescribed instruments re-

business of standing committees

rules or articles may be made or approved re. to be a body corporate when Board to pay precepts by dissolved. when failure by Board to elect representatives on

Council of Agriculture Fund. See Council.

Crown-Board not to represent protection of, re execution of Act

s. 188 (8)

29 (2) (ii) 6 (1)-(3) 6 (4). 6 (5) .

I lA

4 (16)-(18) 4 (19) 4 (8), (13)

30 (2). 3 (I) .

298 (5)

32 (I) .. 4 (13) 4 (13) 4 (8).

4 (13) 4 (13) 4 (13) 4 (13) 4 (13) 4 (13) (a), (b). 4 (14) 7 4 (19) 2

4 (2A) 4 (8). 4 (15) 4 (14) 4 (2) (d) 4 (4). 4 (4) (b) (ii)

33 (I.) (i) (a) 12 4 (3). 4 (9) .. 4 (10) 4 (2) (c) (ii) 4 (7). 4 (2), Sch.

s. 12

5 (2). 5 (I) . 5 (3) . 6 (5) .

33 (I) (ii) (e) 5A

30c (3) (a) (iii), (viii) 26

33 (I) (ii) (a) 33 (I) (ii) (b) 51 (I) (d) 4 (12) 3 (5) ..

liB (a)

II (2). 26

105

Page

49

55 13, 14

14 14 33

12, 13 13

10, 12 59 6

58

71 II II 10

II II II II II II 12 14 13 4

8 10 12 12 8 9 9

72 35 9

10 II 8

10 8

35

13 13 13 14 73 13

67, 68 53

73 73 85 II

8, 87 34

31 53

106

Deliver to the Boardmeaning of term

Departmentmeaning of term

INDEX

D

producer representative bodies to co-operate with . to compile list of voters eligible to vote at polls to conduct poll re winding-up of Board

Director-General-Marketing Board may apply to, for exemption. etc .. re insurance

against defalcation by agent . may make application to Supreme Court re winding-up of Board

Director of Marketing-annual report of-

to be furnished to Minister to be laid before Legislative Assembly

appointment of, by Governor in Council . appointment of. by Minister deputy for, on Marketing Board . fees, etc., payable to may abstain from voting at meetings of Marketing

s. 2

2 30c (3) (a) (viii) 9 (5), (5A)

37 (4).

14A (4) 43 (1) .

348 (1) 348 (2)

6 (I). 11 (1). 11 (1). 6 (3).

Board powers and duties of

Sch. 2, Part A, r. 15

protection of, re execution of Act to convene meeting of newly constituted Marketing

s. 6 (2) . 26

Board Sch. 2, Part A, r. 3 to maintain register of rules and articles made re certain bodies s. 51 (4) . to report to Minister re failure by Board to comply with any

guidelines, etc .. issued to report to Minister when failure to comply with directions re

Affiliated: Body or Board

Dissolved Corporations-meaning of term for the purposes of s. 3 .

District cane growers' executiveamalgamation of deemed to be a subsidiary body of Queensland Cane Growers'

Council may make levies

amount of. basis of evidence re fines re for general purposes for particular purposes recovery of

prescribed instruments reelections and business. etc., of fees, etc .. of powers, etc .. of.

Queensland Cane Growers' Council may hold property of, as trustee

representatives of qualifications re

to appoint representatives to Queensland Cane Growers' Council to be ex qtficio members of mill suppliers' committee . to constitute Council, etc .. re sugar industry

District Councils-corporation of each, to be dissolved

Egg Board-alternative method of levy by may make levy

E

meaning of term for the purposes of s. 29c payment arrangements re. deemed to be valid

50 (3)

13c (4)

3 (1).

30 (5).

30E (3) (a).

30 (8A) (d) 30 (8A) (c). 30 (8A) (g). 30 (8A) (f). 30 (8A) (a). 30 (8A) (b). 30 (8A) (e).

30 (8) (a) 30 (8) (b) 30 (8) (c)

308 30 (5). 30 (6). 30 (7). 30 (4). 30 (2) (b)

3 (I).

29c 29 (I). 29c (I) 18A (2)

Page

4

4 68

18, 19 79

41 82

76 77 13 31 31 14

89 14 53

88 85

85

38

6

60

69

64 64 65 65 62 63 64

62 62 62

66 60 61 61 59 59

6

58 54 58 47

Egg producer-meaning of term for the purposes of s. 29c

Egg producers' adjusted hen quota-levy may be based on, of an egg producer meaning of term for the purposes of s. 29c

Elector. See Voter.

Encumbrances-

INDEX

duty of grower to give notice of. on delivery of commodity to Marketing Board

notice of. etc .. to be given to Marketing Board re claim for an account

Entry-Governor in Council may make Orders in Council re, by Board

Evidence-averment on behalf of Board to be sufficient documents of judicial notice of documents signed. etc .. by Council or Board re production of Gazette to be conclusive re levies in sugar industry

Executive-meaning of term for the purposes of s. 4 .

Executive Committee of Council. See Council.

Expenses-payable to Director of Marketing payable to members of Council payable to officers of Council

Export-power of Marketing Board to arrange, re commodities.

Farmer. See Grower.

Financial yearmeaning of term

Fund. See also Industry .trust fund.

F

contributions for legal expenses from establishment of. by Board <e pwceeds of ·levy Governor in Council may-

direct Board to establish direct Board to utilize moneys j.n

G Gazette-

production of, to be conclusive evidence re offences

Governor in Council-declaration by, re Primary producer may make Order in Council re appointed day power of, to-

alter list of representatives re district cane growers' executives .

alter list of sugar mills re mill suppliers' committee amalgamate Boards. appoint Administrator of Board appoint Director of Marketing appoint representatives when Board fails to do so .. approve application of Council of Agriculture Fund approve certain investment of moneys by Board

s. 29c (I)

29c (2) 29c (I)

23 (I).

22

9 (7B) (b), (g)

32 (3). 32 (4). 32 (I) . 32 (2) .. 30 (8A) (g).

4 (13)

6 (I) 4 (15) 6 (5).

14 (I) (v)

29 (4). 29 (2).

29 (2A) 29 (2A)

32 (2).

2 ss. 2, 40 (2)

s. 30 (5). 30 (4). IOc lie (2) 6 (I).

llu 5 (I).

27u (I) (e), (2A)

Page

107

58

58 58

51

50

21, 22

71 71 71 71 65

II

13 12 14

39

4

56 54

56 56

71

60 59 28 34 13 34 13 54

108 INDEX

Governor in Council-continueiF power of, to-continued ·-

approve contributions for legal expenses by Board approve financial arrangements entered into by Marketing

Board .. approve marketing arrangements for individual growers approve variation of payment arrangements of Marketing

Board. authorize district cane growers' executives to appoint repre-

sentatives to Queensland Cane Growers' Council constitute Board for declared commodity . declare commodity . declare constitution of Board declare that Board may control several commodities declare powers of inspector re investigation of Board determine salaries, etc., of officers appointed to Council direct Board to make levy and establish fund . direct winding-up of Board

appointment of Administrator re appointment of person to administer industry trust fund

re .. arrangements and reconstructions re . particular modifications re petition requesting poll re procedure re regulations and rules re .

empower making of levies re sugar industry exempt, etc., Marketing Board re insurance against defalcation

by agents extend duration of existing Board extend specified district or locality of Board extend term of office of members of Board extend provisions re sugar industry to other industries

re State Council re subsidiary bodies

grant application by member of organisation to be represented on Council

limit definition of declared commodity make certain provisions re Board make provisions re levies by Board prescribe penalties for failure to comply with orders in Council

re commodities remove and replace members of Board or Council remove or suspend chairman of Board separate commodities from control of Board terminate term of office of chairman and members of Board vest powers, etc., in Queensland Cane Growers' Council vest property of commodity in board

Grower-

s. 29 (4) ..

14D (f) 188 (1)-(3).

18A (I)

30 (7). 9 (I). 9 (I). 9 (4).

10 39

6 (I}, (5) . 29 (2A) 36 (c). 41 (I).

46 (2) .. 44 48 37 (I). 43 (3). 47 30 (8A)

14A (4) lOA 9 (7A). 9 (4) 30 (9) .. 30o (I) 30E (I)

4 (2) (c) (ii) 9 (18). 9 (78). 33 (2).

9 (lA). 12 II (4). IOo lie (I) 30 (7) .. 9 (2}, (3)

annual general meeting ofadoption of Standing Orders re. chairman of-

Sch. 2, Part B, r. 4

decision of, to be final . powers, etc., of, re motions

details re, to be published entitlement to vote at location of. re notice of motion when to be held

annual report of Board to be furnished to Board may require, to furnish returns contracts for sale of commodity by, to be void

interstate excluded delivery by, of commodity to marketing Board

acceptance of advances may be made re decision re quality, etc., to be final duty to give notice of encumbrances, etc., re

Sch. 2, Part B, r. 3 Sch. 2, Part B, rr. 8-10

S. 34A (2) Sch. 2, Part B, r. 5

S. 34A (3) .. Sch. 2, Part B, rr. 6-14 ..

s. 34A (I) 34 (2). 25 (I) . 20 (I). 20 (3). 15 (I). 18 (I). 19 (4). 18 (3). 23

establishment of reserve fund and reserve fund account re . 18 (5). 15 (4)-(6) exemptions re

grower to give notice of order for payment of harvesting costs re 23A (2)

Page

56

42 47,48

47

61 15 15 17 24 79

13, 14 56 78 81

83 82 84 78 82 84 62

41 25 20 17 65 68 69

8 16 20 74

15 35 32 30 34 61

16, 17

90

90 91 76 90 76

90-91 76 76 52 50 50 43 44 50 45 51 46 43

52

INDEX

Grower-continued delivery by, of commodity to marketing Board-continued

issue of certificate and paymen-t ie non-liability for payments re, in good faith notice of lien, etc., to be given to re . operation of pools re payments re

deduction from, of debts due and owing . variation of arrangements re when commodity damaged or destroyed

priority of order for payment of harvesting costs re recovery of losses re remedy re, confined to claim for an account surplus moneys to be credited re to be in name of where portion of commodity remains unsold

elected representatives of, to be appointed to Board failure to appoint

extension of specified district or locality of Board to include certain

Marketing Board mayact as agent for contract with .. implement scheme re marketing arrangements for individual supply seed, etc., to

may vote for winding-up of Board initiation of petition re . poll re

meaning of term meaning of term for the purposes of s. 30 of suiiar cane to elect members to mill supplier's commtttee

qualifications re of sugar cane to elect representatives to district cane grower's

executive qualifications re

Orders in Council may be made re-declaring, and method of choosing representation for re inspection of books, etc., of re making of returns by .

petition by, re-amalgamation of Boards certain levies by Boards continuance or otherwise of Board declaration of commodity termination of office of chairman and members of Board vesting property of commodity in Board .

prescribed instruments re producer representative bodies to represent prohibition on sales, etc., by, except to marketing Board

penalty re . rights, etc., of, where Board controls several commodities when to pay unpaid levies to Board

Grower•s appointee-meaning of term for the purposes of s. 30

Harvesting-grower to give order for payment of costs re priority of order for payment of costs re .

Industry trust fundadministration of audit of disbursement re

H

I

moneys remaining after winding-up of Board to be credited to .

s. 19

ss. s.

24 22 18 (7) 18 (2). 18 (8) 18A (1) 18 (4). 23A (1) 18 (2B) 22 18 (2A) 16 18 (9). 11 (1) .. liB (b)

9 (7A).

14 (3) (b) 18c 18B 14 (3) (a) 36 (a) .. 37 (1). 37 (2). 37 (3)-(5)

2 30A

30 (6).

30 (5). 30 (6).

9 (4). 9 (7B) (f) .. 9 (7B) (c).

tOe 29 (2). lOA, lOB 9 (1).

llc (1) (a) .. 9 (2), (3) ..

33 (1) (i) (a), (a2) 30c 15 (3) . 15 (3) (a)-(c) 10 (b), (d). 3 (6).

30A

23A (2) 23A (1)

46 (2). 46 (3). 46 (4). 46 (1).

109

Page

49 52 50 46 44 47 47 46 51 45 50 45 44 47 31 34

20

40 49 47 40 77 78 78

78-79 4

65

61

60 61

17 22 21

28 54

25, 27 15 34

16, 17 72 67 43 43

24, 25 8

65

52 51

83 83 83 83

110 INDEX

Inspector-Minister may appoint, to investigate affairs of Board powers of .

Insurance-application of proceeds of levy by Board may provide. marketing Board to have-

against defalcations by agents against loss. e.tc., of commodity

provisions re

Interpretation. See Meaning of terms

J

Joint Board. See also Board. Act may be extended to. wholly or with modifications. amalgamation· of Boards to be called . constitution ·of . Orders in Council re regulations re

L

Laboratories-Marketing Board to,operate. re commodities

Legislative Assembly-annual report of Dire.ctor of Marketing to be laid before report re review.ofAet by Minister to·be laid before

Levy-alternative method of. ·by Egg Board . Board, when to be reco~.ered Board may make establishment of funds .re :proce.eds of

contributions for legal.expenses from Go:vemor in 1Council ·may gi;ve directions re

Governor in Council may .direct Board to make meaning of term for ·.the purposes of s. 29c notice of intention r.e certain . .to be advertised

petitions re provisions re making of general provisions re making of particular re sugar industry-

amount of. basis of evidence re fines re general particular recovery of

regulations may be made re .

Liability-Governor in Council may direct Board to establish fund from

proceeds of levy to meet vesting of property and assumption of

Licenses-Governor in Council may make Orders in Council re. of Board prescribed instruments re

Liquidator-Supreme Court may appoint, re. winding-up of Board Local producer's associations

s. 38 (I) . 39

29 (2) (iii) ..

14A 14 (!) (ix) .. 33 (2).

IOc IOc IOc IOc IOc

14 (I) (x)

34B (2) 54 (3).

29c _!l (6).

29 .OJ . 29:(2). 29:(4). 29,(2A) 29 (~A) 29c{l;) 29 (1) ... 29 .(2). 33 .(2). 33 (2).

30 (8A) (d) 30 (8A) (c) 30 (8A) (g) .. 30 (8A) (0 .. 30 (8A) (a) .. 30 (8A) (b) .. 30 (8A) (e) 29 (3).

29 (2A) 40

9 (7A) (a) .. 33 (I) (iii) (e), (e) (i)

43 (2). 3 (2).

Page

79 79

55

40 39 74

28 28 2S 28 .28

39

77 86

58 8

58 54 56 56 56 58 54 54 74 74

64 M 65 65 62 63 64 56

56 80

21 74

82 7

INDEX

Marketingmeaning of term

Marketing Board. See also Board. adoption, etc., of Standing Orders re appointment of Director of Marketing re . chairman of-

appointment of

M

Board may appoint acting, during absence of election of. when Board newly constituted may call special meeting Minister may appoint acting, during absence of to preside at all meetings to sign minutes as to correctness

commodity to be delivered to acceptance of advances may be made re decision re quality. etc., to be final deduction from payments of debts due and owing duty to give notice of encumbrances. etc .. re

s. 2

Sch. 2, Part A, r. II s.ll(l).

II (I) . Sch. 2, Part A, r. 6 Sch. 2, Part A, r. 3 Sch. 2, Part A, r. 9 Sch. 2, Part A, r. 5 Sch. 2, Part A, r. 4 Sch. 2, Part A, r. 22

s. 15 (I) . 18 (I). 19 (4). 18 (3). 18 (8).

establishment of reserve funds and reserve fund accounts re 23 (I) . 18 (5) . 15 (4)-(6) exemptions re

grower to give notice of order for payment of harvesting costs re.

issue of certificates and payment re non-liability for payments in good faith, etc., re notice of lien. etc., to be given to operation of pools re payments by. to growers payments when commodity damaged, etc. priority of order for payment of harvesting costs re recovery of losses by surplus moneys to be credited to be in name of grower variation of payment arrangements re where portion of commodity remains unsold

financial arrangements of general powers of may contract with grower

considerations re may obtain finance by way of overdraft may offer book debts and commodity as security meetings of-

Director of Marketing to convene when newly

23A (2) 19 24 22 18 (7). 18 (2). 18 (4). 23A (I) 18 (28) 18 (2A) 16 18A (I) 18 (9). 14D

ss. 13, 14 (3), (4) s. 18c

18c (2) 14D (c) 14c

constituted Sch. 2, Part A, r. 3 time and place of. to be determined by resolution Sch. 2, Part A, r. 2

members of-appointment of. by Minister Minister may appoint deputy during absence of term of office of to declare interests

name of powers of, re commodities-

s. II (lA), (18) Sch. 2, Part A, r. 7

s. II (lc) Sch. 2, Part A, r. 20

S. 9 (3), (3A)

may implement re marketing arrangements for individual growers

may process other may request Railway Commissioner to refuse to carry . may specify contracts for sale of. by growers to be void to act as agent . to appoint agents, etc. to arrange export to arrange for processing, etc. to consider petitions to insure against damage to operate laboratories, etc. to provide for consumption of, in Queensland to purchase, to meet demand to sell, etc. to supply seed, etc., to growers

188 14 (4) 21 20 (I). 14 (3) (b) 14 (I) (i), (ii) 14 (I) (v) 14 (I) (viii) 14 (I) (vi). 14 (i) (ix) 14 (I) (x) 14 (I) (iv). 14F 14 (2). 14 (3) (a)

Page

Ill

89 31

31 88 88 88 88 88 90 43 44 50 45 47 51 46 43

52 49 52 50 46 44 46 51 45 45 44 47 47 42

36, 40 49 49 42 41

88 88

30, 31 88 31 90 31

47 40 50 50 40 39 39 39 39 39 39 39 42. 39 40

112 INDEX

Marketing Board-continued prohibitlo.n of sales, etc .. of commodity except to .

penalty re . quorum at remedy against, confined to claim for an account remuneration of resolutions re-

all members to vote exceptions re

documents signed by members re to form part of minutes where two or more

equality of votes deemed to be in the negative to be voted on

rules or articles may be made or approved re. secretary of-

s. 15 (3) .. 15 (3) (a)-(c)

Sch. 2, Part A, r. 8 s. 22

II (3) ..

Sch. 2, Part A, r. 13 . Sch. 2, Part A, rr. 14, 15.

Sch. 2, Part A, r. 17 Sch. 2, Part A, r. 19 Sch. 2, Part A, r. 18 Sch. 2, Part A, r. 16 Sch. 2, Part A, r. 12

s. 51 (I) (a)

to keep minutes of all meetings Sch. 2, Part A, r. 21 to notify members re agenda and business Sch. 2, Part A, r. 10 to sign minutes as to correctness Sch. 2, Part A, r. 22

tender to authorised agent evidence of intention to deliver to s. 17 to be corporation for certain purposes 14s to insure against defalcations by agent 14A

exemptions, etc., re. 14A (4) vacancy in office of II (8), (9)

Meaning of termsAffiliated Body . Appointed day .. Approved Association for the purposes of ss. 40, 42 Authorised agent Bank Board. Certificate . Commodity commodity for the purposes of ss. 30c. 30E corporation tor the purposes of s. 30 .. Council Deliver to the Board Department dissolved Corporations for the purposes of s. 3 Egg Board for the purposes of s. 29c .. egg producer for the purposes of s. 29c egg producer's ~djusted hen quota for the purposes of s. 29c Executive for the purposes of s. 4 Financial year Grower grower for the purposes of s. 30 . grower's appointee for the purposes of s. 30 Marketing. Minister Minister's directions for the purposes of s. 13c Net proceeds of sale organisation for the purposes of s. 4 .. Person Prescribed . prescribed instruments Primary producer Producer representative body Regulations represented bodies for the purposes of s. 7 Sell State Wheat Board .. This Act

Mill suppliers' committee-deemed to be a subsidiary body of gueensland Cane Growers'

Council list of sugar mills re may make levies

amount of. basis of

2 2 2

40 (I) .. 2 2 2 2 2

30E (6) 30A 2 2 2 3 (I) ..

29c (I) 29c (I) 29c (I)

4 (13) 2 2

30A 30A 2 2

I3c (I) 2 4 (20) (a). 2 2 2 2 2 2 7 (a) .. 2 2 2

30E (3) (a). 30 (4) ..

30 (8A) (d) 30 (8A) (c).

Page

43 43

50 31

89 89 89 90 89 89 89 85

90 88 90 44 41 40 41 33

80 3 4 4 4 4

70 65 4 4 4 6

58 58 58 II 4 5

65 ·65

5 5

38 5

13 5 5 5 5 6 6

14 6 6 6

69 59

64 64

Milk supplier's committee-continued may make levies-continued

evidence re fines re for general purposes for particular purposes recovery of

members of qualifications re

name of prescribed instrument re

election and business. etc., of fees, etc., of

INDEX

powers, etc., of. . . . . . . . . . . . . . . . . . . . . . Queensland Cane Growers' Council may hold property of, as

trustee to constitute Council, etc., re sugar industry

Minister-annual report of Director of Marketing to be furnished to directions by, re Affiliated Body or Board growers may petition, for establishment of funds re levies meaning of term power of, to-

S. 30 (8A) (g) . 30 (8A) (I). 30 (8A) (a). 30 (8A) (b). 30 (8A) (e). 30 (4) 30 (6). 30 (4).

30 (8) (a) 30 (8) (b) 30 (8) (c)

308 30 (2) (a)

348 (l) 13c 29 (2).

2

appoint acting chairman of Marketing Board Sch. 2, Pan A, r. appoint alternate member in absence of member of Executive

Committee appoint chairman of Board appoint deputy during absence of member of Mar-

s. 4(13) 11 (1).

keting Board Sch. 2, Pan A, r. 7 appoint Director of Marketing appoint inspectors to investigate affairs of Board appoint members of Executive Committee appoint members of Board appoint returning officer approve association between Board and Affiliated Body approve borrowing of money by Marketing Board. approve certain investment of moneys by Board approve estblishment of reserve funds and reserve fund accounts

by Marketing Board approve establishment of superannuation schemes, etc. approve exempiions re delivery of commodity to Marketing

Board. approve expenses payable to members of Council . approve making of levies by Board approve process of other commodity by Marketing Board approve purchase of commodity by Marketing Board to meet

demand approve sale of commodity by Marketing Board approve transfer of unpaid moneys by Board into funds approve utilization of moneys in Cash Payment Scheme Reserve

Account assign powers and duties to Director of Marketing direct advertisement of intention to make Order in Council

re marketing of commodity by Board direct that vote be taken re-

amalgamation of Boards continuance or otherwise of Board

issue guidelines, etc., to Board limit quantity, etc., of commodity re marketing arrangements

for individual growers make or approve rules or artciles with certain bodies re annual general meeting of growers. re-appoint members and chairman of Board where office of

terminated. recommend extension of specified district or locality of

Board. . . . . . . . . . . . recommend winding-up oTBoard

appointment of Administrator re disbursement of industry trust fund re poll may be taken re

remove person from Board re con~dentiality

s. 11 (1) 38 4 (13) (a).

II (1)-(18). 52 138 14o (a) (v) 27 (I) (d), (2A).

18 (5) . 298 (I)

15 (4)-(6) 4 (15)

29 (I), (2) . 14 (4).

14F 14 (2). 27A (1)

18 (28) (b). 6 (2).

9 (5).

lOC lOA 50 (1), (4) .

188 (4) 51 (l) . 34A (l)

llc (4)

9 (7A) ss. 36 (c), 43 (1) s. 41 (l).

46 (4). 37 (2). liD

113

Page

65 65 62 63 64 59 61 39

62 62 62

66 59

76 38 54 5

88

11 31

88 31 79 11 31 86 38 42

53, 54

46 57

43 12 54 40

42 39 53

45 14

18

28 25 85

47 85 76

35

20 78, 82

81 83 78 35

114

Minister-continued power of, to-continued

review Act. considerations re report re, to be laid before Parliament

protection of, re execution of Act

INDEX

to be advised re decisions, etc., of Council and Executive Committee

to be represented on Council when to approve nomination of deputy at meetings of Council .

Minister's directions-meaning of term for the purposes of s. 13c

Net proceeds of salemeaning of term

Notice-

N

grower to give. of order for payment for harvesting costs of details re annual general meeting of growers of intention re certain levies to be advertised . of intention to make Order in Council re marketing of commodity

to be advertised of lien, etc., to be given to Marketing Board

duty of grower to give re extension of duration of Board to be advertised

Notification-re approval of application by member of organisation to be rep

resented on Council re contracts for sale of commodity by grower

Olfenceevidence re

0

for failure by growers and holders to furnish returns for failure to comply with Orders in Council re commodities for failure to deliver commodity in name of grower for failure to deliver commodity to Marketing Board for failure to give notice of encumbrances, etc., on delivery of

commodity to Marketing Board general penalties re . joinder of parties, etc., re recovery of penalties re . where companies where joint olfenders where undue force, etc . .

Orders in Council-altering list of representatives redistrict cane growers' executives altering list of sugar mills re mill suppliers' committee appointing Administrator of Board approving marketing arrangements for individual growers approving variation of payment arrangements by Marketing

Board. authorizing district cane growers• executives to appoint represen

tatives to Queensland Cane Growers' Council constituting Boards for declared commodity declaring commodities

penalty re failure to comply with declaring constitution of Board declaring powers. etc., of Board declaring powers of inspector re investigation of Board declaring that Board may control several commodities. directing Board to make levy and establish fund duration and extent of, made under s. 9

s. 54 (I) . 54 (2). 54 (3). 26

4 (16), (18) 4 (2) (d) 4 (4) (b) (ii)

13c (I)

2

23A (2) 34A (2) 29 (2).

9 (5) .. 22 23 (I) . lOA

4 (2) (c) (ii) 20 (I).

32 25 (2).

9 (lA) 16 15 (3) .

23 (3) 31 (3). 31 (2). 31 (I) . 31 (4). 31 (5) . 31A

30 (5). 30 (4). lie (2) 18B (I )-(3) .

18A (I)

30 (7). 9 (I) . 9 (I). 9 (lA) (a)-(c) 9 (4) 9 (6).

39 10 29 (2A)

9 (7).

Page

86 86 86 53

12,13 8 9

38

76 76 54

18 50 51 25

8 50

71 52 15 44 43

51 70 70 70 70 70 70

60 59 34

47, 48

47

61 15 15 16 17 19 79 24 56 19

Orders in Council-continued enabling certain proVisions of Board re

entry inspection . licenses records of purchases returns seizure and delivery zones validation of

INDEX

exempting Marketing Boards re insurance against defalcation by agents.

extending provisions re sugar industry to other industries re State Councils re subsidiary bodies

extending specified district or locality of Board limiting definition of declared commodity not to exceed legislative power of State notice of intention to make. re marketing of commodity by Board

to be advertised percentage of voters required at certain polls re making of. prescribing penalties for failure to comply with. re commodities re appointed day re failure to comply with provisions of Act re primary producer reproducer representative body re winding-up of Board-

appointment of persons to administer industry trust fund re arrangements and reconstructions re . petition requesting poll re procedure re

recission and amendment of terminating term of office of chairman and members of Board . vesting powers, etc, in Queensland Cane Growers' Council. vesting property of commodity in Board when to be judicially noticed re-

amalgamation of Boards continuance or otherwise of Board declaration of commodities. etc .. separation of commodity from control of Board

Organisation-may be represented on Council meaning of term for the purposes of s. 4 precepts by Council re to notify Council re name of elected member .

Overdraft-Marketing Board may obtain finance by way of

p Penalty-

for failure to comply with Orders in Council re commodities for failure to deliver commodity to Marketing Board for non-payment of levies general prescribed instruments re re undue force and like offences recovery of

Person-meaning of term

Peiition-by growers-

for continuance or otherwise of Board for declaration of commodity for termination of office of chairman and members of Board for vesting property of commodity in Board re amalgamation of Boards re certain levies by Boards re winding-up of Board .

s. 9 (78) (b), (g) . 9 (78) (f). 9 (7B) (a). 9 (78) (h). 9 (7B) (e). 9 (7B) (c), (g) . 9 (78) (i) . 9 (78)

14A (4) 30 (9). 30o (I) 30E (I) 9 (7A) 9 (I B)

lA

9 (5). 9 (5A) 9 (lA)

ss. 2, 40 (2) s. 12

2 2

46 (2). 44 37 (I) 43 (3). 9(8) lie (I) 30 (7).

9 (2), (3) .

!Oe lOA 9 (9).

IOo

4 (2) (c) 4 (20) (a). 5A 4 (2A)

14o (c)

9 (lA) 15 (3) (a)-(c) 33 (2). 31 (3). 33 (I) (i) (al) 31A 31 (I) .

2

ss. lOA, lOB s. 9 (I).

lie (I) (b). 9 (2), (3) .

IOe 29 (2). 37 (2) .

115

Page

21, 22 22 21 22 21

21, 22 23 21

41 65 68 69 20 16 3

18 19 15

3, 80 35

5 6

83 82 78 82 23 34 61

16, 17

28 24 24 30

8 13 13 8

43

15 43 74 70 70 72 70

25, 27 15 34

16, 17 28 54 78

116 INDEX

Petition-continued Marketing Board to consider, by consumers re commodity .. rights, etc., of grower to, where Board controls several

commodities

Pigs-declared a commodity

Plywood-declared a commodity

Politics-Board or Council not to be concerned in party

Poll-may be taken before making of particular levy re sugar industry percentage of voters required at certain petition for, re-

amalgamation of Boards certain levies by Boards

percentage of voters required at continuance or otherwise of Board marketing of commodity by Board

percentage of voters required at re winding-up of Board .

prescribed instruments re provisions re taking of returning officer may be appointed re rights, etc., of growers to, where Board controls several

commodities

Pool-operation of, by Marketing Board

Precepts-by Council re each Board and organisation levies may be made by Board re, by Council . to be paid into Council of Agriculture Fund when Board to pay, by dissolved Council

Prescribedmeaning of term

Prescribed instrumentsmeaning of term prescribing Board provisions re

business computation of net proceeds conditions of sale licenses licenses to manufacture quality, etc.

prescribing Council provisions rebusiness Council of Agriculture Fund standing committees

prescribing general provisions reforms .. imposing penalties .. members, elections, etc . . polls, etc. records of expired Board returns, etc.

re sugar industry-elections and business, etc., of fees, etc., of powers, etc., of.

Primary producermeaning of term

Proclamation-not to exceed legislative power of State

Page

s. 14 (I) (vi). 39

lOA (b) 24

ss. 2, 9 (I) 4, 15

2, 9 (I) 4, 15

s. 12 35

30 (8A) (b). 63 9 (5A) 19

IOc 28 29 (2) .. 54 29 (2) 54 lOA 25 9 (5) .. 18 9 (5) (a), (b) 18, 19

37 (3)-(5) 78-79 33 (I) (i) (a2) 72 33 (2) .. 74 52 86

10 (b) .. 24

18 (7). 46

5A 13 33 (2) .. 74 5 (3) .. 13 3 (5). g

2

33 (I) (iii) (a) 73 33 (I) (iii) (c) 73 33 (I) (iii) (b) 73 33 (I) (iii) (e) 74 33 (I) (iii) (e) (i) 74 33 (I) (iii) (c) 73

33 (I) (ii) (b) 73 33 (I) (ii) (e) 73 33 (I) (ii) (c) 73

33 (I) (i) (b) 73 33 (I) (i) (al) 72 33 (I) (i) (a) 72 33 (I) (i) (a2) 72 33 (I) (i) (cl) 73 33 (I) (i) (c) 73

30 (8) (a) 62 30 (8) (b) 62 30 (8) (c) 62

lA

Producer representative bodymeaning of term members of name of .. objects of .. rules or articles may be made or approved re.

Q Queensland Cane Growers' Council-

INDEX

declared to be a Board for the purposes of this Act deemed to be a State Council may hold property as trustee may make levies-

amount of. basis of evidence re fines re for general purposes for particular purposes recovery of

not to be a Marketing Board prescribed instruments re

elections and business, etc., of fees, etc., of powers, etc., of.

representatives of, to be members of district cane growers' executives .

to be a body corporate to constitute Council, etc., re sugar industry when may undertake functions of marketing commodity

Queensland Commercial Fishermen's Organizationapplication of Act to

Queensland Commercial Fishermen's State Councildeemed to be a Board for the purposes of s. 14A (2)

Queensland Grain Handling Authority-application of Act to

Queensland Milk Board-deemed to be a Board for the purposes of s. 4

Quorum-

s. 2 30c (2) 30c (1) 30c (3) 51 (I) (b)

30 (3). 30o (3) 308

30 (SA) (d) 30 (SA) (c). 30 (SA) (g). 30 (SA) (I). 30 (SA) (a). 30 (SA) (b). 30 (SA) (e). 30 (3).

30 (S) (a) 30 (S) (b) 30 (S) (c)

30 (7). 30 (7A) 30 (2) (c) 30 (7).

53

14A (3)

34F

4 (20) (b).

at meetings of Marketing Board . . . Sch. 2, Part A, r.

R Railway Commissioner-

Marketing Board may request, to refuse to carry commodity

Records-Governor in Council may make Orders in Council re, of purchases

of commodity

Regulations-may be made re-

amalgamation of Boards continuance or otherwise of Board making of levy by Board separation of commodity from control of Board winding-up of Board

may fix a penalty meaning of term not to exceed legislative power of State provisions re

s. 21

9 (78) (h).

IDe lOA 29 (3). lOD 47 (l) . 33 (3) . 2 lA

33 (4).

Page

117

6 67 67 67 S5

59 6S 66

64 64 65 65 63 63 64 59

62 62 62

61 62 59 61

S6

40

77

13

ss

so

22

2S 27 56 30 S4 75 6 3

75

118 INDEX

Remuneration. See also Expenses. of members of Board

Repeals-of earlier Acts

Reports-annual, of Board annual, of Director of Marketing

Represented bodies-meaning of term for the purposes of s. 7 .

Reserve fund-application of proceeds of levy by Board to Board may transfer unclaimed moneys to establishment of, by Marketing Board

accounts re holding of title of security, etc., re investment of moneys from, by Board producer representative bodies may establish

Returning officerMinister may appoint

Returns-Board may require growers and holders to furnish

s. II (3) .

34 348

7 (a) .

29 (2) (iv). 27A (I) 18 (5) (a) 18 (5) (b) 278 (2), (2A) 278 ( 1 ), (2A) 3(){' (3) (a) (xi)

52

25 Governor in Council may make Orders in Council re, by

growers 9 {78) (e) . 33 (I) (i) (c) prescribed instruments re

Rules-may be made re winding-up of Board Minister may make or approve, re certain bodies .

actions deemed to be valid provisions re register to be available for perusal

Salaries. See Expenses, •Remuneration.•·

Sell-meaning._of ter.m

Short title of Act.

Standing OrdersCouncil may adopt . Marketing Board to adopt, etc: ... re annual general meeting of growers·~-

State Councilsconstitution of . may exercise powers. etc., of Board subsidiary bodies of what Councils deemed to be .

State Wheat Boardapplication of Act to· deemed to be a Board .for certain purposes

meaning of term power of, to make regulations.re levies ,

s

47 (2). 51 (I). 51 (3). 51 (2). 51 (4).

2

4 (19) Sch.' 2,:Pan•A,1r. II Sch. 2,'Pah B, .r.. 4

S. 30D (1) 30D (2) 30E 30D(3)

SS. 34D, 53 4 (20) (b), 1(){', IOD, .

11 (4), 13,14,14A'' (3), 18(6), 23X(3), , 27A' (2), 278 (3),' 29 (3), 298•{5) ..

s. 2 29 (3).

Page

32

6

75 76

14

55 53 46 46 54

53, 54 68

86

52

21 73

84 85 85 85 85

6

13 89 90

68 68 69 68

68, 86

13, 28, 30, 31, ~6. 38; 40, 46, 52, 53, 54, 56,

58 6

56

Subsidiary bodiesconstitution of .. powers, etc., of. .

annual report re audit re

rules or articles may be made or approved re . . what deemed to be ..

Sugar cane-declared a commodity

INDEX

growers of, to elect members to mill suppliers' committee Queensland Cane Growers' Council to be constituted for suppliers of, to elect representatives to ·district cane growers'

council

Supreme Coun-may wind up Board

appointment of liquidator re approval of arrangements and reconstructions re provisions re

T Tobacco Leaf Marketing Board-

payment arrangements re, deemed to be valid

Treasurer-may approve certain investment of moneys by Board may approve sale of securities by Marketing Board may hold title of security, etc., on behalf of Board

Vacancy-in office of member of Board in office of member of Council

Vacation-of office of member of Council

Veneer-declared a commodity

Vote-

v

S. 30E (I) 30E (2) 30E (2) (b) .. 30E, (2) (c) 51 (I) (c) 30E {3)

30 (I). 30 (4). 30 (3) "

30 (5) ..

ss. 36, 43 (I) s. 43 (2) ..

41 (I) .. 43 (3) ..

18A (2)

27B (I) {d), (2A) 14o (d) (iv) 27B (2), (2A)

II (8), (9) .. 4 (9)"

4 (10)

ss. 2, 9 (I)

at meetings of Marketing Board for amalgamation of Boards .

.. Sch. 2, 'Pan A, rr. 12-16

for continuance or otherwise of existing Board

Voters-Depanment to compile list of percentage of, required at cenain polls

re cenain levies by Board re marketing of commodity by Board

undue influence and like offences re ..

Zones-

z Governor in Council maymake'Orders:in ·council re.division of

State into :may be basis for operation of.pools by Marketing Board

.9BY' AlJTHElRITY

s. IOc lOA

9 (5), (5A) 9 (5A)

29 (2) .. 9 (5) ..

31A

9 (78) (i) 18 (7) (b)

c,s:.R. HAMPSON', GOVERNMENT PRiNTER; QUEENSLAND-1988

0-238

Page

119

69 69 69' 69 85 69

58 59 59

60

77, 82 82 81 81

47

53, 54 42 54

33 10

II

4, 15

89 28 25

18, 19 19 54 18 70

23 46

“Queensland Statute Reprints” · 2015. 8. 25. · QUEENSLAND PRIMARY PRODUCERS' ORGANISATION...

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