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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Chicken Meat Industry
Committee Amendment
Bill 2014
Queensland
Chicken Meat Industry Committee
Amendment Bill 2014
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of pt 3, hdg (Agreements and dispute resolution) . 5
5 Omission of pt 3, div 1, hdg (Agreements) . . . . . . . . . . . . . . . . . . 5
6 Omission of pt 3, div 2 (Dispute resolution) . . . . . . . . . . . . . . . . . 5
7 Omission of pt 3A (Registration of agreements and annual fees) 5
8 Insertion of new pts 5-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 5 Abolition of the committee
Division 1 Preliminary
27 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Decisions about transfer and abolition
28 Committee's decision about proposed transfer . . . . . 6
29 Eligible entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
30 Notice of committee's decision about proposed transfer 8
31 Minister's decision about committee notice . . . . . . . . 8
32 Minister's decision if no approval notice given . . . . . . 9
Division 3 Transfer
33 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . 10
34 Transferee does not represent the State . . . . . . . . . . 10
35 Evidence and registration of transferred assets . . . . . 10
Division 4 Abolition
36 Abolition of committee . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 5 Miscellaneous
37 Ending of contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
38 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Chicken Meat Industry Committee Amendment Bill 2014
Contents
39 Saving of operation. . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 6 Transitional provisions for Chicken Meat
Industry Committee Amendment Act 2014
40 Existing agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 13
41 Registration applications . . . . . . . . . . . . . . . . . . . . . . 13
42 Unresolved disputes must be referred to arbitrator . . 14
43 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 7 Repeal of Act
44 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Page 2
2014
A Bill
for
An Act to amend the Chicken Meat Industry Committee Act
1976 for particular purposes
Chicken Meat Industry Committee Amendment Bill 2014
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Chicken Meat Industry 3
Committee Amendment Act 2014. 4
Clause 2 Act amended 5
This Act amends the Chicken Meat Industry Committee Act 6
1976. 7
Clause 3 Amendment of s 2 (Definitions) 8
Section 2-- 9
insert-- 10
approval notice, for part 5, see section 31(2)(a). 11
assets, for part 5, see section 27. 12
authorised person, for part 5, see section 27. 13
committee notice, for part 5, see section 30(1). 14
eligible entity, for part 5, see section 29. 15
liabilities, for part 5, see section 27. 16
notice, for part 5, see section 27. 17
pre-amended Act means this Act as in force 18
immediately before the commencement. 19
proposed transfer day, for part 5, see section 20
28(2)(a). 21
proposed transferee, for part 5, see section 22
28(2)(b). 23
transfer day means the day the Minister declares 24
as the transfer day by gazette notice under section 25
31(2)(b) or 32(2)(c). 26
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Chicken Meat Industry Committee Amendment Bill 2014
[s 4]
transferee, for part 5, see section 27. 1
Clause 4 Replacement of pt 3, hdg (Agreements and dispute 2
resolution) 3
Part 3, heading-- 4
omit, insert-- 5
Part 3 Agreements 6
Clause 5 Omission of pt 3, div 1, hdg (Agreements) 7
Part 3, division 1, heading-- 8
omit. 9
Clause 6 Omission of pt 3, div 2 (Dispute resolution) 10
Part 3, division 2-- 11
omit. 12
Clause 7 Omission of pt 3A (Registration of agreements and 13
annual fees) 14
Part 3A-- 15
omit. 16
Clause 8 Insertion of new pts 5-7 17
After section 26-- 18
insert-- 19
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
Part 5 Abolition of the 1
committee 2
Division 1 Preliminary 3
27 Definitions for pt 5 4
In this part-- 5
approval notice see section 31(2)(a). 6
assets, of the committee, means all assets of the 7
committee immediately before the transfer day. 8
authorised person, for a proposed transferee or 9
transferee, means its secretary or another 10
individual with the written authority of its board 11
of directors. 12
committee notice see section 30(1). 13
eligible entity see section 29. 14
liabilities, of the committee, means all liabilities 15
of the committee immediately before the transfer 16
day. 17
notice means written notice. 18
proposed transfer day see section 28(2)(a). 19
proposed transferee see section 28(2)(b). 20
transferee means the entity the Minister declares 21
as the transferee by gazette notice under section 22
31(2)(b) or 32(2)(c). 23
Division 2 Decisions about transfer 24
and abolition 25
28 Committee's decision about proposed transfer 26
(1) The committee must decide to-- 27
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
(a) transfer its assets and liabilities to an 1
eligible entity; and 2
(b) abolish itself. 3
(2) For subsection (1)(a), the committee must decide 4
the following-- 5
(a) the day on which it proposes to transfer its 6
assets and liabilities (the proposed transfer 7
day); 8
(b) the eligible entity to which it proposes to 9
transfer its assets and liabilities (the 10
proposed transferee). 11
29 Eligible entity 12
(1) An entity is an eligible entity only if-- 13
(a) the entity is any of the following-- 14
(i) an incorporated association; 15
(ii) a public company, other than a public 16
company that has a share capital; 17
(iii) a non-trading cooperative; and 18
(b) the entity is not an industrial association; 19
and 20
(c) the entity has, by notice to the committee 21
signed by an authorised person for the 22
entity, agreed to the transfer; and 23
(d) the entity's constitution or rules are 24
consistent with the entity promoting the 25
interests of the chicken meat industry in 26
Queensland. 27
(2) In this section-- 28
incorporated association see the Associations 29
Incorporation Act 1981, schedule. 30
industrial association see the Industrial 31
Relations Act 1999, section 102. 32
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
non-trading cooperative see the Cooperatives 1
Act 1997, section 15. 2
public company see the Corporations Act, 3
section 9. 4
30 Notice of committee's decision about 5
proposed transfer 6
(1) The committee must give the Minister notice (the 7
committee notice) of its decision under section 8
28. 9
(2) The committee notice must state the following-- 10
(a) the date the decision was made; 11
(b) the proposed transfer day; 12
(c) the proposed transferee's name; 13
(d) that the committee is satisfied the proposed 14
transferee is an eligible entity. 15
(3) The committee notice must be accompanied by a 16
copy of the notice mentioned in section 29(1)(c). 17
31 Minister's decision about committee notice 18
(1) The Minister must consider the committee notice 19
and approve or refuse to approve the proposed 20
transfer. 21
(2) If the Minister considers that all requirements for 22
this division have been complied with for the 23
proposed transfer, the Minister must-- 24
(a) give the committee a notice (an approval 25
notice) approving the proposed transfer; and 26
(b) declare the transfer day and transferee by 27
gazette notice. 28
(3) If the Minister does not consider that all 29
requirements for this division have been 30
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
complied with for the proposed transfer, the 1
Minister must-- 2
(a) give the committee a written direction about 3
compliance with the requirements, 4
including, for example, a direction to give 5
the Minister stated information; or 6
(b) give the committee a notice-- 7
(i) refusing the proposed transfer; and 8
(ii) giving the reasons for the refusal. 9
(4) The committee must comply with a direction 10
given under subsection (3)(a) within the 11
reasonable time stated in the direction. 12
32 Minister's decision if no approval notice given 13
(1) This section applies from the day that is 6 months 14
after the commencement if the Minister-- 15
(a) has not given the committee an approval 16
notice; and 17
(b) is not considering a committee notice; and 18
(c) has not, under section 31(3)(a), given the 19
committee a written direction for which the 20
time for compliance has not expired. 21
(2) The Minister must-- 22
(a) decide the day on which the committee's 23
assets and liabilities will be transferred; and 24
(b) decide the eligible entity to which the assets 25
and liabilities will be transferred; and 26
(c) declare the transfer day and the transferee 27
by gazette notice. 28
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
Division 3 Transfer 1
33 Transfer of assets and liabilities 2
(1) On the transfer day, the committee's assets and 3
liabilities are transferred to, and become the 4
assets and liabilities of, the transferee. 5
(2) However, an annual fee that is unpaid on the 6
transfer day-- 7
(a) is taken not to be an asset of the committee; 8
and 9
(b) must be written off by the chairperson. 10
(3) In this section-- 11
annual fee means an annual fee prescribed under 12
section 24D(2)(b) of the pre-amended Act. 13
34 Transferee does not represent the State 14
The transferee-- 15
(a) does not represent the State; and 16
(b) can not make the State liable for the debts 17
and obligations of the transferee or any 18
other person. 19
35 Evidence and registration of transferred 20
assets 21
(1) A certificate signed by an authorised person for 22
the transferee is evidence that an asset has 23
become an asset of the transferee on the transfer 24
day if the certificate-- 25
(a) identifies the asset; and 26
(b) states the asset was, immediately before the 27
transfer day, an asset of the committee; and 28
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
(c) states that, under this division, the asset 1
became an asset of the transferee on the 2
transfer day. 3
(2) If the certificate is given to an entity with 4
registration functions under a law of the State for 5
assets of that kind, the entity must do the 6
following as if the certificate were an appropriate 7
instrument of transfer of the asset-- 8
(a) register the matter in the same way as 9
transactions for assets of that kind; 10
(b) deal with, and give effect to, the certificate. 11
Example of an entity with registration functions-- 12
the registrar of titles 13
(3) A transfer of the asset to the transferee may be 14
registered or given effect under a law of another 15
State or the Commonwealth if-- 16
(a) the certificate is given to an entity with 17
registration functions for assets of that kind 18
under the law; and 19
(b) the entity is permitted by law to do so. 20
Division 4 Abolition 21
36 Abolition of committee 22
(1) This section takes effect immediately after the 23
committee's assets and liabilities are transferred 24
to the transferee under section 33(1). 25
(2) The committee is abolished and its members go 26
out of office. 27
(3) No compensation is payable to any person 28
because of subsection (2). 29
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
Division 5 Miscellaneous 1
37 Ending of contracts 2
(1) This section applies to a contract to which the 3
committee is a party immediately before the 4
transfer day. 5
(2) The contract ends on the transfer day. 6
(3) No compensation is payable to any person 7
because of subsection (2). 8
38 Records 9
(1) On the transfer day each record of the committee, 10
other than a public record, is transferred to the 11
department. 12
Note-- 13
For what happens to the public records of the committee 14
on the transfer day, see the Public Records Act 2002, 15
section 8(3). 16
(2) In this section-- 17
public record see the Public Records Act 2002, 18
section 6. 19
39 Saving of operation 20
This part is declared to be a law to which the Acts 21
Interpretation Act 1954, section 20A applies. 22
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
Part 6 Transitional provisions 1
for Chicken Meat 2
Industry Committee 3
Amendment Act 2014 4
40 Existing agreements 5
(1) This section applies to an agreement in force 6
immediately before the repeal, whether or not the 7
agreement was registered under section 24C of 8
the pre-amended Act immediately before that 9
section's repeal. 10
(2) The agreement remains in force after the repeal 11
until it is terminated or otherwise ends. 12
(3) In this section-- 13
repeal means the repeal of this Act. 14
41 Registration applications 15
(1) This section applies if-- 16
(a) before the commencement, the processor 17
under an agreement applied, under section 18
24B of the pre-amended Act, for registration 19
of the agreement; and 20
(b) on the commencement, the agreement has 21
not been registered. 22
(2) The application lapses on the commencement. 23
(3) If an application lapses under subsection (2), the 24
committee must-- 25
(a) notify the applicant of the lapsing; and 26
(b) refund the fee that accompanied the 27
application. 28
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
42 Unresolved disputes must be referred to 1
arbitrator 2
(1) This section applies to a dispute about an 3
agreement or a proposed agreement if-- 4
(a) the dispute arises on or after the 5
commencement; or 6
(b) the dispute arose before the commencement 7
and has not, by the commencement-- 8
(i) been resolved by the parties; or 9
(ii) been resolved by mediation under 10
section 23 of the pre-amended Act; or 11
(iii) been referred to arbitration under 12
section 24 of the pre-amended Act. 13
(2) Despite any provision in the agreement, the 14
committee must refer the dispute to an arbitrator 15
appointed by the committee. 16
(3) However, the arbitrator must not be appointed 17
without the agreement of the parties to the 18
dispute. 19
(4) If the parties have not agreed to the appointment 20
by the transfer day, the dispute is taken to have 21
ended. 22
(5) If the parties agree to the appointment, the 23
Commercial Arbitration Act 2013 applies to the 24
arbitration. 25
(6) The committee can not be ordered to pay the 26
costs, or part of the costs, of the arbitration. 27
43 Application of pt 6 28
This part is declared to be a law to which the Acts 29
Interpretation Act 1954, section 20A applies. 30
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Chicken Meat Industry Committee Amendment Bill 2014
[s 8]
Part 7 Repeal of Act 1
44 Repeal 2
This Act is repealed immediately after the transfer 3
day. 4
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 15
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