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Queensland
SUGAR INDUSTRY AND
OTHER LEGISLATION
AMENDMENT BILL (NO. 2)
2003
Queensland
SUGAR INDUSTRY AND OTHER
LEGISLATION AMENDMENT BILL (No. 2)
2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF SUGAR INDUSTRY ACT 1999
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of ch 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Replacement of ch 2, pt 1 (Cane production areas) . . . . . . . . . . . . . . . . . . . 9
PART 1--CANE SUPPLY AND SUPPLY CONTRACTS
Division 1--Cane supply is governed by supply contracts
7 Object of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Supply contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Individual contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Collective contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Variation of supply contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Dispute resolution
13 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Parties may choose dispute resolution process . . . . . . . . . . . . . . . . . 11
15 No final offer arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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17 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Omission of ch 2, pt 2 (Cane supply and processing agreements) . . . . . . . . 13
9 Omission of ch 2, pt 5 (Mills) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Insertion of new ch 3, pt 1, hdg and s 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
99 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 100 (Vesting of sugar in QSL) . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 101 (QSL to market and pay for vested sugar) . . . . . . . . . 14
13 Amendment of s 102 (Schemes for payment) . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 103 (Production of brands of raw sugar) . . . . . . . . . . . . . . 15
15 Amendment of s 104 (Directions about delivery etc.) . . . . . . . . . . . . . . . . . 15
16 Amendment of s 105 (Sugar quality standards) . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 107 (Exemption of sugar for local consumption) . . . . . . . 15
18 Insertion of new ch 3, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--EXEMPTIONS FROM VESTING IN QSL
Division 1--Preliminary
107A Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
107B Meaning of "exempt use" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Obtaining exemption certificate
Subdivision 1--Exemption applications
107C Declaration of exemption close day. . . . . . . . . . . . . . . . . . . . . . . . . . 17
107D Applying for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
107E Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . 18
107F Authority may seek further information or documents . . . . . . . . . . . 19
Subdivision 2--Deciding exemption application
107G Decision on exemption application . . . . . . . . . . . . . . . . . . . . . . . . . . 19
107H Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
107I Exemption conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
107J Period of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 3--Action after decision on exemption application
107K Grant of exemption application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
107L Exempt use on copy of exemption certificate . . . . . . . . . . . . . . . . . . 21
107M Authority must give QSL details of exemption certificate. . . . . . . . . 21
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107N Notice of refusal of exemption application . . . . . . . . . . . . . . . . . . . . 22
Division 3--Register of exemption certificates
107O Keeping register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
107P Exemption certificate details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
107Q Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 4--Procedure for amendment of exemption
107R Application for amendment of exemption . . . . . . . . . . . . . . . . . . . . . 23
Division 5--Use of exempt sugar
107S In what ways can exempt sugar be used . . . . . . . . . . . . . . . . . . . . . . 24
Division 6--Application of Freedom of Information Act 1992
107T Exempt matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 7--Prohibited conduct
107U False or misleading application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
107V Improper use of exempt sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
107W Executive officers must ensure corporation complies with pt 2 . . . . 25
19 Amendment of s 124 (Minister's directions to QSL) . . . . . . . . . . . . . . . . . . 26
20 Amendment of s 128 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Amendment of s 135 (Functions of authority) . . . . . . . . . . . . . . . . . . . . . . . 26
22 Amendment of s 138 (Authority's budget) . . . . . . . . . . . . . . . . . . . . . . . . . . 27
23 Omission of ch 4, pt 6 (Cane production boards) . . . . . . . . . . . . . . . . . . . . . 27
24 Omission of ch 4, pt 9 (Negotiating teams). . . . . . . . . . . . . . . . . . . . . . . . . . 27
25 Amendment of s 223A (Powers of commissioner) . . . . . . . . . . . . . . . . . . . . 27
26 Amendment of s 234 (Appeal to Magistrates Court) . . . . . . . . . . . . . . . . . . 27
27 Insertion of new s 234A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
234A Appeal to District Court--exemption application . . . . . . . . . . . . . . . 28
28 Replacement of ss 237-242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
237 Collective contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
29 Omission of s 246 (Sugar price directions) . . . . . . . . . . . . . . . . . . . . . . . . . . 30
30 Omission of s 248 (General provisions about show cause proceedings) . . . 30
31 Omission of ch 10, pts 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Amendment of ch 10, pt 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
33 Insertion of new ch 10, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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Sugar Industry and Other Legislation Amendment Bill
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PART 2--TRANSITIONAL PROVISIONS FOR SUGAR INDUSTRY
AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2003
Division 1--Preliminary
373 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Dissolution of cane production boards
Subdivision 1--Interpretation and application
374 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
375 Application to transfers from more than 1 board. . . . . . . . . . . . . . . . 32
Subdivision 2--Voluntary dissolution
376 Decision to transfer to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
377 Things that must be decided for the transfer . . . . . . . . . . . . . . . . . . . 33
378 Deciding the receiving entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
379 Notice of decision about receiving entity . . . . . . . . . . . . . . . . . . . . . 33
380 Minister's decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
381 Transfer and dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 3--Provisions facilitating transfer
382 Exemption for cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
383 Registration of transferred assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
384 References to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
385 Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . 35
386 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
387 Members cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 4--Automatic dissolution if no receiving entity
388 Automatic dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
389 Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . 37
390 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
391 Members cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
34 Insertion of new ch 10, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Abolition of cane production areas
392 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
393 Abolition of existing cane production areas . . . . . . . . . . . . . . . . . . . 38
394 Undecided applications taken to have lapsed . . . . . . . . . . . . . . . . . . 38
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395 End of processes relating to cane production areas . . . . . . . . . . . . . . 38
396 Existing instrument, agreement, understanding and undertaking . . . 39
35 Insertion of new ch 10, pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 4--Supply agreements
397 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
398 Termination of existing supply agreements . . . . . . . . . . . . . . . . . . . . 39
399 Undecided applications taken to have lapsed . . . . . . . . . . . . . . . . . . 40
36 Insertion of new ch 10, pt 2, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 5--Mill suppliers' committees
Subdivision 1--Preliminary
400 Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 2--Incorporated mill suppliers' committees
401 No effect on corporate status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 3--Transfer of assets and liabilities of unincorporated mill
suppliers' committees to replacement corporation
402 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
403 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
404 Transfer of mill suppliers' committee's assets and liabilities . . . . . . 42
405 Purpose trust for eligible growers . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
406 Exemption for cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
407 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
408 Members cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
37 Insertion of new ch 10, pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 6--Abolition of negotiating teams
409 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
410 Transfer to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
411 Abolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
412 Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . 45
413 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
414 Members cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
38 Insertion of new ch 10, pt 2, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 7--Appeals
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415 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
416 Appeal to Magistrates Court against board's decision. . . . . . . . . . . . 46
417 Appeal to District Court against Magistrates Court's decision . . . . . 47
39 Insertion of new ch 10, pt 2, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 8--Injunctions
418 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
419 Undecided applications taken to have lapsed . . . . . . . . . . . . . . . . . . 48
420 Injunctions of no effect after commencement . . . . . . . . . . . . . . . . . . 49
40 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 3--MINOR AND CONSEQUENTIAL AMENDMENTS
OF ACTS
41 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 52
MINOR AND CONSEQUENTIAL AMENDMENTS OF ACTS
DUTIES ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
LIENS ON CROPS OF SUGAR CANE ACT 1931 . . . . . . . . . . . . . . . . . . . 52
SUGAR INDUSTRY ACT 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 55
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 56
2003
A BILL
FOR
An Act to amend the Sugar Industry Act 1999, and for other purposes
s1 8 s4
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Sugar Industry and Other Legislation 4
Amendment Act (No. 2) 2003. 5
2 Commencement
Clause 6
(1) Sections 3, 10 to 22, 27, 31 to 33 and 40(1), (4), (6) and (7) of this 7
Act commence on assent. 8
(2) The remaining provisions of this Act, other than section 40(3), 9
commence on 1 January 2004. 10
(3) Section 40(3) of this Act commences on I July 2004. 11
PART 2--AMENDMENT OF SUGAR INDUSTRY 12
ACT 1999 13
3 Act amended in pt 2
Clause 14
This part, and the schedule, amends the Sugar Industry Act 1999. 15
4 Amendment of title
Clause 16
Title, from `about' to `Queensland'-- 17
omit, insert-- 18
`to provide for the establishment of marketing arrangements for the 19
domestic and export supply of sugar'. 20
s5 9 s7
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
5 Amendment of s 1 (Short title)
Clause 1
Section 1, `Industry'-- 2
omit, insert-- 3
`Marketing'. 4
6 Replacement of ch 2, hdg
Clause 5
Chapter 2, heading-- 6
omit, insert-- 7
`CHAPTER 2--SUPPLY CONTRACTS AND CANE 8
ACCESS RIGHTS'. 9
7 Replacement of ch 2, pt 1 (Cane production areas)
Clause 10
Chapter 2, part 1-- 11
omit, insert-- 12
`PART 1--CANE SUPPLY AND SUPPLY CONTRACTS 13
`Division 1--Cane supply is governed by supply contracts 14
`7 Object of pt 1 15
`The object of this part is to ensure the supply by growers of cane to a 16
mill and the payment to growers in return are governed by written contracts 17
(each a "supply contract") between growers and mill owners. 18
`8 Definitions for pt 1 19
`In this part-- 20
"bargaining representative", for a group of growers, means a person with 21
the written authority of each grower who is a member of the group. 22
"group of growers" see section 11(1). 23
"interested third party" means a person with a direct or indirect 24
monetary interest in-- 25
s7 10 s7
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(a) the supply by growers of cane to a mill; or 1
(b) the milling of cane. 2
3
Examples--
4
1. A harvesting contractor who is engaged by a grower or mill owner to harvest
5
cane.
6
2. A producer of ethanol.
7
3. A person who transports cane to a mill.
"supply contract" see section 7. 8
`9 Supply contract 9
`(1) Each grower must have a supply contract with a mill owner for each 10
season. 11
`(2) A grower must make a supply contract with a mill owner before the 12
grower supplies cane to the mill. 13
`(3) A supply contract may be either an individual contract or a 14
collective contract. 15
`(4) A supply contract may be for 1 or more crushing seasons. 16
`(5) An interested third party may be a party to a supply contract 17
between a mill owner and a grower. 18
`(6) Each of the parties to a supply contract must sign the contract. 19
`10 Individual contract 20
`An individual contract-- 21
(a) is a supply contract made directly between a grower and a mill 22
owner; and 23
(b) may be for all or part of the supply of cane grown by the grower. 24
`11 Collective contract 25
`(1) A collective contract is a supply contract made between 2 or more 26
growers (a "group of growers") and a mill owner. 27
`(2) Each grower in a group of growers must sign the collective contract. 28
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Sugar Industry and Other Legislation Amendment Bill
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`(3) A group of growers may appoint a bargaining representative to 1
negotiate a collective contract on behalf of the group. 2
`(4) There may be more than 1 collective contract in force at the same 3
time for a mill. 4
`(5) A grower may be a party to 1 or more collective contracts. 5
`12 Variation of supply contract 6
`(1) The parties to a supply contract may, in writing, vary the contract. 7
`(2) The varied supply contract is taken to be the supply contract for this 8
part. 9
`Division 2--Dispute resolution 10
`13 Application of div 2 11
`This division applies if, for a supply contract, a dispute arises between 12
any or all of the parties to the supply contract about its terms. 13
`14 Parties may choose dispute resolution process 14
`Subject to section 15, the parties may, if they agree-- 15
(a) under section 16, refer the dispute to mediation; or 16
(b) attempt to resolve the dispute by another dispute resolution 17
process. 18
`15 No final offer arbitration 19
`(1) The parties can not use final offer arbitration. 20
`(2) The parties to a dispute use "final offer arbitration" if, at the end 21
of mediation-- 22
(a) each party to the mediation gives a written offer (a "final offer") 23
for resolving all issues to-- 24
(i) the mediator appointed for the mediation; and 25
(ii) each other party to the dispute; and 26
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Sugar Industry and Other Legislation Amendment Bill
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(b) the final offer states the basis on which the party is prepared to 1
settle all issues that have not been agreed; and 2
(c) an arbitrator appointed to resolve the dispute can make a decision 3
only by choosing 1 of the offers; and 4
(d) if only 1 final offer has been made--the arbitrator may accept the 5
offer as the arbitrator's decision. 6
`16 Mediation 7
`(1) If the dispute is referred to mediation, the mediation must be 8
conducted by-- 9
(a) a person agreed to by the parties; or 10
(b) if the parties can not agree on a mediator--the commissioner or a 11
person appointed by the commissioner. 12
`(2) However, the commissioner may appoint a mediator only if the 13
person has the qualifications or experience the commissioner considers 14
appropriate to mediate the dispute. 15
`(3) The parties must pay the mediator the costs of mediation in the 16
proportions decided by the mediator. 17
`(4) An amount of unpaid costs is a debt payable to the mediator and 18
may be recovered in a court of competent jurisdiction. 19
`(5) Nothing in this section affects any rights or remedies to which a 20
party to the dispute may be entitled. 21
`17 Arbitration 22
`(1) If the commissioner certifies that the dispute has not, under 23
section 16, been resolved by mediation, the commissioner may refer the 24
dispute to an arbitrator. 25
`(2) However, the commissioner may refer the dispute to arbitration only 26
if agreed to by the parties. 27
`(3) The arbitrator must be-- 28
(a) a person agreed to by the parties; or 29
(b) if the parties can not agree on an arbitrator--the commissioner or 30
a person appointed by the commissioner. 31
s8 13 s 10
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(4) However, the commissioner may appoint an arbitrator only if the 1
person has the qualifications or experience the commissioner considers 2
appropriate to arbitrate the dispute. 3
`(5) The Commercial Arbitration Act 1990 applies to the arbitration. 4
`(6) However, the arbitrator-- 5
(a) can not be ordered to pay the costs, or part of the costs, of the 6
arbitration; and 7
(b) may recover from the parties the costs of arbitration in the 8
proportions decided by the arbitrator. 9
`(7) An amount of unpaid costs is a debt payable to the arbitrator and 10
may be recovered in a court of competent jurisdiction.'. 11
8 Omission of ch 2, pt 2 (Cane supply and processing agreements)
Clause 12
Chapter 2, part 2-- 13
omit. 14
9 Omission of ch 2, pt 5 (Mills)
Clause 15
Chapter 2, part 5-- 16
omit. 17
10 Insertion of new ch 3, pt 1, hdg and s 99
Clause 18
Chapter 3, before section 100-- 19
insert-- 20
`PART 1--MARKETING OF SUGAR VESTED IN QSL 21
`99 Definition for pt 1 22
`In this part-- 23
"supplier", for sugar, means a person who, immediately before the sugar is 24
manufactured, owns the sugar cane from which the sugar is 25
manufactured.'. 26
s 11 14 s 13
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
11 Amendment of s 100 (Vesting of sugar in QSL)
Clause 1
(1) Section 100-- 2
insert-- 3
`(1A) However, the sugar does not become the property of QSL if the 4
authority grants, under part 2, an exemption for the sugar.1'. 5
(2) Section 100(1A) to (3)-- 6
renumber as section 100(2) to (4). 7
12 Amendment of s 101 (QSL to market and pay for vested sugar)
Clause 8
Section 101, `mill owner'-- 9
omit, insert-- 10
`supplier'. 11
13 Amendment of s 102 (Schemes for payment)
Clause 12
(1) Section 102(1)-- 13
omit, insert-- 14
`(1) Payment to a supplier for sugar vested in QSL must be calculated 15
and made-- 16
(a) under payment schemes; and 17
(b) by reference to the raw sugar equivalent of sugar delivered by the 18
supplier to QSL.'. 19
(2) Section 102(6) `mill owners'-- 20
omit, insert-- 21
`suppliers'. 22
(3) Section 102(7), `mill owner'-- 23
omit, insert-- 24
`supplier'. 25
(4) Section 102(8), from `relevant mill owners'-- 26
1 See however, section 107S(3)(b) (In what ways can exempt sugar be used).
s 14 15 s 17
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
omit, insert-- 1
`relevant suppliers.'. 2
(5) Section 102(9) and (10)-- 3
omit. 4
14 Amendment of s 103 (Production of brands of raw sugar)
Clause 5
(1) Section 103(7) and (8)-- 6
omit. 7
(2) Section 103(9)-- 8
renumber as section 103(7). 9
15 Amendment of s 104 (Directions about delivery etc.)
Clause 10
Section 104(2), `mill owners'-- 11
omit, insert-- 12
`suppliers'. 13
16 Amendment of s 105 (Sugar quality standards)
Clause 14
(1) Section 105(1), `mill owner'-- 15
omit, insert-- 16
`supplier'. 17
(2) Section 105(4), from `mill owner'-- 18
omit, insert-- 19
`supplier.'. 20
17 Amendment of s 107 (Exemption of sugar for local consumption)
Clause 21
(1) Section 107(1), `("exempt sugar")'-- 22
omit, insert-- 23
`("local consumption exempt sugar")'. 24
(2) Section 107(2), `Exempt sugar'-- 25
s 18 16 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
omit, insert-- 1
`Local consumption exempt sugar'. 2
(3) Section 107, `exempt sugar'-- 3
omit, insert-- 4
`local consumption exempt sugar'. 5
18 Insertion of new ch 3, pt 2
Clause 6
After section 107-- 7
insert-- 8
`PART 2--EXEMPTIONS FROM VESTING IN QSL 9
`Division 1--Preliminary 10
`107A Definitions for pt 2 11
`In this part-- 12
"amendment", of an exemption, means an amendment of the following 13
details stated in the exemption certificate-- 14
(a) the exemption's on-user; or 15
(b) the exemption's exempt use of the sugar. 16
"applicant", for an exemption or an amendment of an exemption, means a 17
person who applies for the exemption or amendment of the 18
exemption. 19
"exemption" means a grant from the authority to exempt the sugar 20
manufactured from a person's sugar cane from vesting, under 21
section 100, in QSL. 22
"exemption application" see section 107C(1). 23
"exemption certificate" means a certificate given under section 107K(1). 24
"exemption certificate details" see section 107L(2). 25
"exemption close day" see section 107C(1). 26
"exemption conditions" see section 107I. 27
s 18 17 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
"exempt sugar", for an exemption, means sugar for which the exemption 1
has been granted. 2
"exempt sugar details" see section 107E(1)(a)(v). 3
"exempt use" see section 107B. 4
"on-user" means a person who has a contract, arrangement or 5
understanding with an applicant for the use of the applicant's sugar for 6
an exempt use. 7
"related mill" means the mill that manufactures the sugar to be exempted 8
under an applicant's exemption. 9
"relevant sugar source" means the sugar source from which the sugar to 10
be exempted will be manufactured. 11
`107B Meaning of "exempt use" 12
`An "exempt use", for sugar, means sugar that is intended to have any of 13
the following uses-- 14
(a) to be sold in the domestic market in a State; 15
(b) to be used for the manufacture in a State of refined sugar or an 16
alternative product; 17
18
Example of an alternative product--
19
Ethanol.
(c) to be exported in bags (but not in bulk), if the quality of the sugar 20
to be exported is suitable for human consumption; 21
(d) a use similar to a use mentioned in paragraphs (a) to (c). 22
`Division 2--Obtaining exemption certificate 23
`Subdivision 1--Exemption applications 24
`107C Declaration of exemption close day 25
`(1) The authority must, for each year, publish a gazette notice declaring 26
a day by which any application for an exemption (an "exemption 27
application") in the year must be lodged (the "exemption close day"). 28
s 18 18 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(2) Before declaring the exemption close day, the authority must consult 1
with QSL. 2
`(3) The authority may also notify the exemption close day in a way the 3
authority considers appropriate. 4
`107D Applying for exemption 5
`(1) A person may make an exemption application to the authority. 6
`(2) The application must be made on or before the exemption close day. 7
`107E Procedural requirements for application 8
`(1) An exemption application must-- 9
(a) state the following-- 10
(i) the applicant's name and address; 11
(ii) the on-user's name and address; 12
(iii) the period of the exemption; 13
(iv) the proposed use of the sugar; 14
(v) a description of the sugar to be exempted (the "exempt 15
sugar details"); and 16
(b) be accompanied by-- 17
(i) satisfactory evidence that the applicant is the owner of the 18
relevant sugar source; and 19
(ii) a document to show the applicant's contract, arrangement or 20
understanding with the on-user; and 21
(iii) the reasonable fee fixed by the authority for deciding the 22
application that is no more than its actual costs of deciding 23
the application. 24
`(2) The exempt sugar details must include-- 25
(a) either-- 26
(i) the number of tons of sugar to be exempted; or 27
s 18 19 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(ii) the amount of sugar to be exempted expressed as a 1
percentage of the related mill's total production of sugar; 2
and 3
(b) another way of identifying the sugar to be exempted, including, 4
for example, the following-- 5
(i) the quality of the sugar; 6
(ii) when the relevant sugar source is to be crushed. 7
`107F Authority may seek further information or documents 8
`(1) The authority may, after an exemption application has been made, 9
give the applicant a notice requiring the applicant-- 10
(a) to give the authority a stated document or information that is 11
relevant to the application; or 12
(b) to verify the correctness of the document or information by 13
statutory declaration. 14
`(2) However, the notice may be given only within 15 business days 15
after the authority receives the application. 16
`(3) The application is withdrawn if, within the stated time in the notice, 17
the applicant does not comply with a requirement under subsection (1). 18
`Subdivision 2--Deciding exemption application 19
`107G Decision on exemption application 20
`(1) The authority must consider and decide either to grant, grant on 21
conditions or refuse each exemption application within 28 days after the 22
last of the following events to happen-- 23
(a) the making of the application; 24
(b) the authority's receipt of all necessary information to decide the 25
application; 26
(c) if, under section 107F, the authority has required the applicant to 27
give a document or information--the giving of the required 28
document or information. 29
s 18 20 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(2) If the authority does not make a decision before the event happens 1
stated in subsection (1), the exemption application is taken to be granted 2
when the event happens. 3
`107H Criteria for decision 4
`(1) The authority must grant an exemption application if satisfied-- 5
(a) the applicant is the owner of the relevant sugar source; and 6
(b) the proposed use of the sugar to be exempted under the 7
exemption application is an exempt use. 8
`(2) If the authority is not satisfied as mentioned in subsection (1), it 9
must refuse the application. 10
`107I Exemption conditions 11
`The authority may, in granting an exemption application, impose 12
conditions on the exemption the authority considers necessary or desirable 13
to ensure the exempt sugar under the exemption application is used only for 14
an exempt use ("exemption conditions"). 15
`107J Period of exemption 16
`(1) An exemption may be granted for 1 or more crushing seasons. 17
`(2) However, an exemption may only be granted for a crushing season 18
that starts after the relevant exemption application is made. 19
`(3) If the authority decides to grant an exemption, the exemption 20
remains in force for the period-- 21
(a) commencing on the day when the authority makes its decision; 22
and 23
(b) ending on the last day of the period of the exemption. 24
s 18 21 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`Subdivision 3--Action after decision on exemption application 1
`107K Grant of exemption application 2
`(1) If an exemption application is granted, the authority must as soon as 3
practicable give the applicant a signed exemption certificate. 4
`(2) The exemption certificate must state the following-- 5
(a) the applicant's name and address; 6
(b) the on-user's name and address; 7
(c) the period of the exemption; 8
(d) either-- 9
(i) the number of tons of sugar exempted; or 10
(ii) the amount of sugar exempted expressed as a percentage of 11
the related mill's total production of sugar; 12
(e) any other information the authority considers appropriate. 13
`107L Exempt use on copy of exemption certificate 14
`(1) The authority must-- 15
(a) keep a copy of the exemption certificate; and 16
(b) on the copy, state the following-- 17
(i) the exempt use of the sugar; 18
(ii) any exempt sugar details, or other information, the authority 19
considers appropriate. 20
`(2) The information recorded, under section 107K, on the exemption 21
certificate and, under this section, on the copy of the certificate is called the 22
applicant's "exemption certificate details". 23
`107M Authority must give QSL details of exemption certificate 24
`The authority must, within 7 days after the authority gives an applicant 25
an exemption certificate, give QSL the applicant's exemption certificate 26
details. 27
s 18 22 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`107N Notice of refusal of exemption application 1
`The authority must, as soon as practicable after making a decision as 2
follows about an exemption application, give the applicant an information 3
notice about the decision-- 4
(a) a decision to refuse the application; 5
(b) a decision to impose an exemption condition. 6
`Division 3--Register of exemption certificates 7
`107O Keeping register 8
`The authority must keep a register of exemption certificates. 9
`107P Exemption certificate details 10
`(1) The register must state, for each exemption certificate, the 11
information required to be stated on the certificate. 12
`(2) The register is not required to contain information that is stated on 13
the authority' s copy of the certificate kept under section 107L. 14
`107Q Inspection of register 15
`The authority must-- 16
(a) keep the register open for inspection, free of charge, at the 17
authority's office by any person during the authority's office 18
hours; and 19
(b) allow a person to take extracts, free of charge, from the register; 20
and 21
(c) if a person asks for a copy of the register, or a part of it--give the 22
person the copy on payment of a fee that is no more than the 23
reasonable cost incurred in giving the person the copy. 24
s 18 23 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`Division 4--Procedure for amendment of exemption 1
`107R Application for amendment of exemption 2
`(1) A person may at any time apply to the authority for an amendment 3
of the person's exemption. 4
`(2) The application for amendment must-- 5
(a) state each of the following-- 6
(i) the applicant's name and address; 7
(ii) if the on-user (the "new on-user") is different from the 8
on-user stated on the applicant's exemption certificate--the 9
new on-user's name and address; 10
(iii) if the proposed use of the sugar (the "new proposed use") 11
is different from the proposed use stated on the applicant's 12
exemption certificate--the new proposed use; and 13
(b) be accompanied by-- 14
(i) if there is a new on-user--a document to show the 15
applicant's contract, arrangement or understanding with the 16
new on-user; and 17
(ii) if there is a new proposed use--a document to show the new 18
proposed use; and 19
(iii) the reasonable fee fixed by the authority for deciding the 20
application that is no more than its actual costs of deciding 21
the application. 22
`(3) Sections 107F to 107I and 107K to 107N, with necessary changes, 23
apply to the application for an amendment of the exemption as if it were an 24
exemption application. 25
`(4) If the applicant is granted an amendment of the applicant's 26
exemption-- 27
(a) the exemption the applicant held before the granting of the 28
amendment of the exemption lapses; and 29
(b) the exemption that is amended under this section is taken to be 30
the exemption for this part. 31
s 18 24 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`Division 5--Use of exempt sugar 1
`107S In what ways can exempt sugar be used 2
`(1) This section applies to a person who is-- 3
(a) a holder of an exemption; or 4
(b) an on-user for the exemption. 5
`(2) The person may use the exempt sugar under the exemption only in 6
the following ways-- 7
(a) for the exempt use stated for the sugar in the exemption; 8
(b) if the person has a contract with QSL for the use of the exempt 9
sugar under the exemption--for the use decided by QSL. 10
`(3) If the person or another person uses the sugar in a way that 11
contravenes subsection (2)-- 12
(a) the exemption for the sugar is of no effect; and 13
(b) section 100(1) applies as if the exemption had never been 14
granted. 15
`Division 6--Application of Freedom of Information Act 1992 16
`107T Exempt matter 17
`A document held by the authority in connection with the making, under 18
this part, of applications or the granting of exemptions is exempt matter 19
under the Freedom of Information Act 1992. 20
`Division 7--Prohibited conduct 21
`107U False or misleading application 22
`(1) A person must not make an application as follows containing 23
information the person knows is false or misleading in a material 24
particular-- 25
(a) an exemption application; 26
s 18 25 s 18
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(b) an application for amendment of an exemption. 1
Maximum penalty--3 000 penalty units. 2
`(2) Section 2522 does not apply to an application mentioned in 3
subsection (1). 4
`107V Improper use of exempt sugar 5
`A person must not use exempt sugar under an exemption for a use other 6
than each of the following-- 7
(a) for the exempt use stated for the sugar in the exemption; 8
(b) if the person has a contract with QSL for the use of the exempt 9
sugar under the exemption--for the use decided by QSL. 10
Maximum penalty--3 000 penalty units. 11
`107W Executive officers must ensure corporation complies with pt 2 12
`(1) The executive officers of a corporation must ensure the corporation 13
complies with this division. 14
`(2) If a corporation commits an offence against a provision of this 15
division, each of its executive officers also commits an offence, namely, 16
the offence of failing to ensure the corporation complies with the provision. 17
Maximum penalty--the penalty for the contravention of the provision by 18
an individual. 19
`(3) Evidence that the corporation has been convicted of an offence 20
against a provision of this division is evidence that each of its executive 21
officers committed the offence of failing to ensure the corporation 22
complies with the provision. 23
`(4) However, it is a defence for an executive officer to prove that-- 24
(a) if the officer was in a position to influence the conduct of the 25
corporation in relation to the offence--the officer exercised 26
reasonable diligence to ensure the corporation complied with the 27
provision; or 28
2 Section 252 (Offence to make false statement in application or submission)
s 19 26 s 21
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(b) the officer was not in a position to influence the conduct of the 1
corporation in relation to the offence. 2
`(5) It is also a defence in a proceeding against an executive officer for 3
the officer to prove information that tended to incriminate the corporation 4
was obtained under a direction or requirement under this part.'. 5
19 Amendment of s 124 (Minister's directions to QSL)
Clause 6
(1) Section 124-- 7
insert-- 8
`(1A) However, the Minister can not give QSL written directions about 9
the pricing of sugar for sale to domestic customers.'. 10
(2) Section 124(3) and (10)-- 11
omit. 12
(3) Section 124(4), `any other type of'-- 13
omit, insert-- 14
`the'. 15
(4) Section 124(1A) and (2)-- 16
renumber as section 124(2) and (3). 17
20 Amendment of s 128 (Membership)
Clause 18
Section 128(2), before `commodity'-- 19
insert-- 20
`the application of competition principles,'. 21
21 Amendment of s 135 (Functions of authority)
Clause 22
Section 135(2), from `has'-- 23
omit, insert-- 24
`has-- 25
(a) the function provided for under division 4; and 26
s 22 27 s 26
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(b) the function of granting exemptions and giving exemption 1
certificates.'. 2
22 Amendment of s 138 (Authority's budget)
Clause 3
Section 138(4), after `QSL'-- 4
insert-- 5
`and from fees and charges collected from matters associated with the 6
granting of exemptions'. 7
23 Omission of ch 4, pt 6 (Cane production boards)
Clause 8
Chapter 4, part 6-- 9
omit. 10
24 Omission of ch 4, pt 9 (Negotiating teams)
Clause 11
Chapter 4, part 9-- 12
omit. 13
25 Amendment of s 223A (Powers of commissioner)
Clause 14
Section 223A(b)-- 15
omit, insert-- 16
`(b) acquire, hold, dispose of and deal with property, including, for 17
example, assets transferred to the commissioner under 18
chapter 10;3'. 19
26 Amendment of s 234 (Appeal to Magistrates Court)
Clause 20
(1) Section 234(1)(a)-- 21
omit, insert-- 22
3 See sections 388 (Automatic dissolution) and 410 (Transfer to commissioner).
s 27 28 s 27
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(a) a person whose application to register any matter on a register 1
kept by the commissioner has been refused by the 2
commissioner;'. 3
(2) Section 234(1)(b) to (e)-- 4
omit. 5
(3) Section 234(1)(g)-- 6
renumber as section 234(1)(b). 7
27 Insertion of new s 234A
Clause 8
After section 234-- 9
insert-- 10
`234A Appeal to District Court--exemption application 11
`(1) This section applies to a decision by the authority under 12
section 107G.4 13
`(2) The applicant may appeal to the District Court (the "court"). 14
`(3) The appeal is started by-- 15
(a) giving a notice of appeal stating the grounds to the clerk of the 16
court; and 17
(b) giving a copy of the notice to the authority. 18
`(4) An appeal must be started within 28 days after the appellant is given 19
notice of the authority's decision under section 107N.5 20
`(5) In deciding the appeal, the court-- 21
(a) is unaffected by the appealed decision; and 22
(b) is not bound by the rules of evidence; and 23
(c) must observe natural justice. 24
`(6) In deciding the appeal, the court may confirm the appealed decision 25
or set the appealed decision aside and make another decision. 26
4 Section 107G (Decision on exemption application)
5 Section 107N (Notice of refusal of exemption application)
s 28 29 s 28
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(7) If the court makes another decision, the decision, other than for this 1
section, is taken to be the decision of the respondent.'. 2
28 Replacement of ss 237-242
Clause 3
Sections 237 to 242-- 4
omit, insert-- 5
`237 Collective contracts 6
`(1) This section applies only to a collective contract made under 7
section 11 between a group of growers and a mill owner who are within the 8
same region. 9
`(2) A group of growers and a mill owner are "within the same region" 10
if the land on which each grower's cane is grown is in the same region as 11
the land on which the mill is situated. 12
`(3) The following things are specifically authorised for the competition 13
legislation-- 14
(a) the making of a collective contract under section 11;6 15
(b) the variation, under section 12, of a collective contract.
7
16
`(4) Subsection (1) applies to the making or variation of a collective 17
contact only to the extent the contract is made or varied for giving effect to 18
a settlement about-- 19
(a) the acceptance and crushing of cane by a mill at a time fixed 20
under the agreement; and 21
(b) the terms on which payments are to be made by a mill owner for 22
cane to be supplied to a mill by a grower under the collective 23
contact. 24
`(5) The following things are specifically authorised for the competition 25
legislation-- 26
(a) the acceptance and crushing of cane by a mill at a time fixed 27
under a collective agreement; and 28
6 Section 11 (Collective contract)
7 Section 12 (Variation of supply contract)
s 29 30 s 32
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(b) the payment of a price for cane by a mill owner to a grower under 1
a supply agreement mentioned in this section; 2
(c) the receipt of a price for cane by a grower from a mill owner 3
under a supply agreement mentioned in this section; 4
(d) a financial incentive scheme of premiums, discounts and 5
allowances relating to cane and sugar quality or to anything that 6
may affect cane and sugar quality having regard to best practice 7
under a supply agreement mentioned in this section. 8
`(6) In this section-- 9
"region" means a part of the State that is prescribed under a regulation. 10
"settlement" means a contract, arrangement or understanding made or 11
arrived at between any or all of the following-- 12
(a) a group of growers; 13
(b) a mill owner; 14
(c) an interested third party.'. 15
29 Omission of s 246 (Sugar price directions)
Clause 16
Section 246-- 17
omit. 18
30 Omission of s 248 (General provisions about show cause
Clause 19
proceedings) 20
Section 248-- 21
omit. 22
31 Omission of ch 10, pts 1 and 2
Clause 23
Chapter 10, parts 1 and 2-- 24
omit. 25
32 Amendment of ch 10, pt 3, hdg
Clause 26
Chapter 10, part 3, heading-- 27
s 33 31 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
omit, insert-- 1
`PART 1--TRANSITIONAL PROVISIONS FOR SUGAR 2
INDUSTRY AND OTHER LEGISLATION AMENDMENT 3
ACT 2003'. 4
33 Insertion of new ch 10, pt 2
Clause 5
Chapter 10, after part 1-- 6
insert-- 7
`PART 2--TRANSITIONAL PROVISIONS FOR SUGAR 8
INDUSTRY AND OTHER LEGISLATION AMENDMENT 9
ACT (No. 2) 2003 10
`Division 1--Preliminary 11
`373 Definitions for pt 2 12
`In this part-- 13
"amending Act" means the Sugar Industry and Other Legislation 14
Amendment Act (No. 2) 2003. 15
"unamended Act" means this Act as in force immediately before the date 16
of assent for the amending Act. 17
`Division 2--Dissolution of cane production boards 18
`Subdivision 1--Interpretation and application 19
`374 Definitions for div 2 20
`In this division-- 21
"assets", of a board, means all assets of the board, or of members of the 22
board held by them as members of the board, immediately before the 23
board's transfer day. 24
"board" means a cane production board under the unamended Act. 25
s 33 32 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
"liabilities", of a board, means all liabilities of the board, or of members of 1
the board incurred by them as members of the board, immediately 2
before the board's transfer day. 3
"receiving entity" see section 377. 4
"transfer day", for a board, means-- 5
(a) 1 January 2004 if-- 6
(i) the board does not, before 1 January 2004, give the Minister 7
a notice under section 379;8 or 8
(ii) the Minister approves, on or before 1 January 2004, a 9
proposed transfer for the board; or 10
(iii) the Minister has refused, on or before 1 January 2004, to 11
approve each proposed transfer for the board; or 12
(b) if the Minister approves, or refuses to approve, after 1 January 13
2004, the transfer for the board--the day the Minister approves, 14
or refuses to approve, the transfer. 15
`375 Application to transfers from more than 1 board 16
`(1) This division applies to a transfer of assets and liabilities of boards 17
from more than 1 board to a single receiving entity on the transfer day for 18
the boards in the same way it applies to a transfer from a single board to a 19
receiving entity. 20
`(2) For subsection (1), each provision of subdivisions 2 and 3 is applied 21
separately to each board. 22
`Subdivision 2--Voluntary dissolution 23
`376 Decision to transfer to person 24
`A board may, before 1 January 2004, decide to dissolve itself and 25
transfer its assets and liabilities to a person. 26
8 Section 379 (Notice of decision about receiving entity)
s 33 33 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`377 Things that must be decided for the transfer 1
`Under section 376, the board must decide the person to which it will 2
transfer its assets and liabilities (the "receiving entity"). 3
`378 Deciding the receiving entity 4
`A board may decide a person will be its receiving entity only if-- 5
(a) the receiving entity has, by notice to the board signed by an 6
authorised person for the entity, agreed to be the receiving entity; 7
and 8
(b) the relevant mill owner and a majority of the growers who supply 9
cane to the relevant mill agree with the proposed transfer. 10
`379 Notice of decision about receiving entity 11
`(1) The board must give the Minister notice of its decision under 12
section 376. 13
`(2) The notice must state the following-- 14
(a) the day the decision was made; 15
(b) the receiving entity's name. 16
`(3) The notice must be accompanied by-- 17
(a) a copy of the notice mentioned in section 378(a); and 18
(b) evidence that the relevant mill owner and a majority of the 19
growers who supply cane to the relevant mill agree with the 20
proposed transfer. 21
`380 Minister's decision 22
`(1) The Minister must consider the notice and may require information 23
from the board. 24
`(2) If the Minister considers that all requirements of this Act have been 25
complied with for the transfer, the Minister must, by notice given to the 26
board, approve the transfer for the board. 27
s 33 34 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(3) If the Minister does not consider that all the requirements for the 1
transfer have been complied with, the Minister must, by notice given to the 2
board, refuse to approve the transfer and state the reasons for the refusal. 3
`381 Transfer and dissolution 4
`(1) This section applies if the Minister approves the transfer of a board. 5
`(2) On the transfer day for the board-- 6
(a) the board's assets and liabilities are transferred to, and become 7
the assets and liabilities of, the receiving entity; and 8
(b) the board is dissolved. 9
`Subdivision 3--Provisions facilitating transfer 10
`382 Exemption for cooperatives 11
`If a receiving entity is a cooperative, the Cooperatives Act 1997, 12
section 2689 does not apply to the transfer of the board's assets and 13
liabilities to the receiving entity. 14
`383 Registration of transferred assets 15
`(1) A certificate signed by an authorised person for a receiving entity is 16
evidence of an asset having become an asset of the receiving entity on the 17
board's transfer day if the certificate-- 18
(a) identifies the asset; and 19
(b) states the asset was, immediately before the transfer day, an asset 20
of the board; and 21
(c) states that, under this division, the asset became an asset of the 22
receiving entity on the transfer day. 23
`(2) If the certificate is given to an entity with registration functions 24
under a law of the State for assets of that kind under a law of the State, the 25
entity must do the following as if the certificate were an appropriate 26
instrument of transfer of the asset-- 27
9 Cooperatives Act 1997, section 268 (Acquisition and disposal of assets)
s 33 35 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(a) register the matter in the same way as transactions for assets of 1
that kind; 2
(b) deal with, and give effect to, the certificate. 3
4
Example of an entity with registration functions--
5
· the registrar of titles.
`(3) A transfer of the asset to the receiving entity may be registered or 6
given effect to under the law of another State or the Commonwealth if-- 7
(a) the certificate is given to an entity with registration functions for 8
assets of that kind under the other State's or the 9
Commonwealth's law; and 10
(b) the entity is permitted by law to do so. 11
`384 References to board 12
`A reference to a board in an Act or document existing before its 13
dissolution has effect, from its dissolution, as if it were a reference to the 14
receiving entity, if the context permits. 15
`385 Continuity of proceedings and matters 16
`(1) A proceeding that, if a board were not dissolved, might have been 17
started or continued by or against the board may, from the dissolution, be 18
started or continued by or against the receiving entity. 19
`(2) All matters started by a board before its dissolution may be 20
completed by the receiving entity after the board's dissolution. 21
`386 Employees 22
`(1) A person's employment by a board immediately before the board's 23
transfer day is, on the transfer day, taken to be lawfully terminated under 24
the Industrial Relations Act. 25
`(2) The receiving entity and the employee may agree the employee is, 26
on the transfer day, to be employed by the receiving entity. 27
`(3) If an agreement is made under subsection (2), subsections (4) to (7) 28
apply. 29
`(4) Subsection (2) does not-- 30
s 33 36 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(a) constitute a redundancy or retrenchment of the person's 1
employment by the board; or 2
(b) entitle the person to a benefit or payment merely because the 3
person is no longer employed by the board; or 4
(c) interrupt the person's continuity of service. 5
`(5) For the Industrial Relations Act, the person's period of employment 6
with the board is taken to be an equivalent period of employment with the 7
replacement corporation. 8
`(6) Subject to the Industrial Relations Act, the person has the same 9
employment rights against the replacement corporation that the person had 10
against the board immediately before the transfer day. 11
`(7) If an industrial instrument under the Industrial Relations Act bound 12
the person and the board immediately before the transfer day, it binds the 13
person and the replacement corporation. 14
`(8) If an agreement is not made under subsection (2)-- 15
(a) the person has, under the Industrial Relations Act, the rights 16
given to an employee whose employment has been lawfully 17
terminated under that Act; and 18
(b) the rights given to the person may be exercised against the 19
receiving entity as if the receiving entity had been the employer 20
who terminated the person's employment. 21
`387 Members cease holding office 22
`(1) Each person who, immediately before a board's transfer day, was a 23
member of the board goes out of office on the transfer day. 24
`(2) No compensation is payable to a person because of subsection (1). 25
`Subdivision 4--Automatic dissolution if no receiving entity 26
`388 Automatic dissolution 27
`(1) This section applies if-- 28
(a) a board does not, before 1 January 2004, give the Minister a 29
notice under section 379;10 or 30
s 33 37 s 33
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(b) the Minister refuses, under section 380(3),11 to approve the 1
transfer for the board. 2
`(2) On the transfer day for the board-- 3
(a) the board's assets and liabilities are transferred to the 4
commissioner; and 5
(b) the board is dissolved. 6
`389 Continuity of proceedings and matters 7
`(1) A proceeding that, if a board were not dissolved, might have been 8
started or continued by or against the board may, from the dissolution, be 9
started or continued by or against the commissioner. 10
`(2) All matters started by a board before its dissolution may be 11
completed by the commissioner after the board's dissolution. 12
`390 Employees 13
`(1) A person's employment by a board immediately before the board's 14
transfer day is, on the transfer day, taken to be lawfully terminated under 15
the Industrial Relations Act. 16
`(2) The person has the rights given to an employee whose employment 17
has been lawfully terminated under that Act. 18
`(3) The rights given to the person may be exercised against the 19
commissioner as if the commissioner had been the employer who 20
terminated the person's employment. 21
`391 Members cease holding office 22
`(1) Each person who, immediately before a board's transfer day, was a 23
member of the board goes out of office on the transfer day. 24
`(2) No compensation is payable to a person because of subsection (1).'. 25
10 Section 379 (Notice of decision about receiving entity)
11 Section 380 (Minister's decision)
s 34 38 s 34
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
34 Insertion of new ch 10, pt 2, div 3
Clause 1
Chapter 10, part 2-- 2
insert-- 3
`Division 3--Abolition of cane production areas 4
`392 Definition for div 3 5
`In this division-- 6
"commencement" means the day the amending Act, section 34, 7
commences. 8
`393 Abolition of existing cane production areas 9
`(1) This section applies to a cane production area under the unamended 10
Act in existence under this Act immediately before the commencement. 11
`(2) The cane production area is abolished. 12
`(3) No compensation is payable to the holder of the cane production 13
area because of subsection (2). 14
`394 Undecided applications taken to have lapsed 15
`(1) This section applies if-- 16
(a) a person applied before the commencement under the 17
unamended Act, chapter 2, part 1, division 2, for a grant, 18
variation or cancellation of a cane production area; and 19
(b) on the commencement the application had not been decided. 20
`(2) The application is taken to have lapsed. 21
`(3) No compensation is payable to an applicant because of 22
subsection (2). 23
`395 End of processes relating to cane production areas 24
`(1) This section applies if a horizontal expansion or productivity 25
increase process under the unamended Act has started but has not ended 26
before the commencement. 27
s 35 39 s 35
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(2) On the commencement-- 1
(a) the process ends; and 2
(b) any application relating to the process that has not been decided 3
is taken to have lapsed. 4
`(3) No compensation is payable to an applicant because of 5
subsection (2). 6
`396 Existing instrument, agreement, understanding and undertaking 7
`(1) A reference in an instrument or an oral agreement, understanding or 8
undertaking to a grower who is identified by the grower's cane production 9
area is, on commencement, taken to be a reference to the grower. 10
11
Example of an instrument under which a grower may be identified by the grower's cane
12
production area--
13
· BSES Services Agreement
14
· PBR Licence Agreement.
`(2) The instrument or oral agreement, understanding or undertaking 15
gives rise to the same rights and liabilities as would have risen if the 16
unamended Act were not amended by the amending Act.'. 17
35 Insertion of new ch 10, pt 2, div 4
Clause 18
Chapter 10, part 2-- 19
insert-- 20
`Division 4--Supply agreements 21
`397 Definition for div 4 22
`In this division-- 23
"commencement" means the day the amending Act, section 35, 24
commences. 25
`398 Termination of existing supply agreements 26
`(1) This section applies to a supply agreement in existence immediately 27
before the commencement. 28
s 36 40 s 36
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`(2) On the commencement, the agreement is terminated. 1
`(3) No compensation is payable to a party to the agreement because of 2
subsection (2). 3
`(4) In this section-- 4
"supply agreement" means a supply agreement made under the 5
unamended Act, chapter 2, part 2.12 6
`399 Undecided applications taken to have lapsed 7
`(1) This section applies if-- 8
(a) a person applied before the commencement, under the 9
unamended Act, section 45,13 for a variation of a collective 10
agreement; and 11
(b) on the commencement, the application had not been decided. 12
`(2) The application is taken to have lapsed. 13
`(3) No compensation is payable to an applicant because of 14
subsection (2). 15
`(4) In this section-- 16
"collective agreement" means a collective agreement under the 17
unamended Act, section 41.14'. 18
36 Insertion of new ch 10, pt 2, div 5
Clause 19
Chapter 10, part 2-- 20
insert-- 21
12 Chapter 2 (Production, supply and milling), part 2 (Cane supply and processing
agreements)
13 Section 45 (Variation of collective agreement)
14 Section 41 (Collective agreement--nature)
s 36 41 s 36
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`Division 5--Mill suppliers' committees 1
`Subdivision 1--Preliminary 2
`400 Definition for div 5 3
`In this division-- 4
"commencement" means the day the amending Act, section 36, 5
commences. 6
"mill suppliers' committee" means a mill suppliers' committee defined 7
under the unamended Act, schedule.15 8
`Subdivision 2--Incorporated mill suppliers' committees 9
`401 No effect on corporate status 10
`(1) This section applies to a mill suppliers' committee that, immediately 11
before the commencement, is a corporation. 12
`(2) To remove any doubt, it is declared that the repeal of former 13
provisions of this Act relating to mill suppliers' committees does not affect 14
the committee's corporate status. 15
`Subdivision 3--Transfer of assets and liabilities of unincorporated mill 16
suppliers' committees to replacement corporation 17
`402 Application of sdiv 3 18
`This subdivision applies to a mill suppliers' committee that, 19
immediately before the commencement, is not a corporation. 20
`403 Definitions for sdiv 3 21
`In this subdivision-- 22
15 Schedule (Dictionary)
s 36 42 s 36
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
"assets", of a mill suppliers' committee, means all assets of the committee, 1
or of members of the committee held by them as members of the 2
committee, immediately before the transfer day. 3
"eligible grower" means a person who, immediately before the transfer 4
day, is, under the definition of the term "grower" under the repealed 5
Primary Producers' Organisation and Marketing Act 1926, 6
section 30,16 a grower for the mill or mills a mill suppliers' committee 7
represents. 8
"liabilities", of a mill suppliers' committee, means all liabilities of the 9
committee, or of members of the committee incurred by them as 10
members of the committee, immediately before the transfer day. 11
"PIBR Act" means the Primary Industry Bodies Reform Act 1999. 12
"replacement corporation", for a mill suppliers' committee, see 13
section 404. 14
"replacement corporation trust", for a replacement corporation, means 15
the trust established under the PIBR Act, section 44.17 16
"transfer day" means 1 January 2004. 17
`404 Transfer of mill suppliers' committee's assets and liabilities 18
`Subject to section 405, a mill suppliers' committee's assets and 19
liabilities are transferred to the following corporation (its "replacement 20
corporation") on the transfer day and become assets and liabilities of the 21
replacement corporation-- 22
(a) generally--the corporation appointed under the PIBR Act, 23
section 41,18 as the replacement corporation for the former 24
Queensland Cane Growers' Organisation; 25
(b) if under the PIBR Act, section 46(1)(a),19 another corporation has 26
replaced the corporation mentioned in paragraph (a) as trustee of 27
the replacement corporation trust--the other corporation; 28
16 The repealed Primary Producers' Organisation and Marketing Act 1926, section 30
(Cane to be a commodity)
17 PIBR Act, section 44 (Purpose trust for eligible growers)
18 PIBR Act, section 41 (Transfer of producer body's assets and liabilities)
19 PIBR Act, section 46 (Change of trustee or termination of trust)
s 36 43 s 36
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(c) if under the PIBR Act, section 46(1)(b), the replacement 1
corporation trust has been terminated--the corporation to which 2
the former trust property of the trust has been transferred under 3
that paragraph. 4
`405 Purpose trust for eligible growers 5
`(1) This section applies only if the replacement corporation trust for a 6
replacement corporation had not been terminated under the PIBR Act, 7
section 46(1)(b), before the transfer day. 8
`(2) The assets (the "trust property") transferred to the replacement 9
corporation under section 404 are taken to be held by it under the 10
replacement corporation trust. 11
`(3) The trust property is taken to be the trust property of the 12
replacement corporation trust. 13
`(4) The PIBR Act, section 48,20 applies to the assets as if the transfer 14
day were the replacement corporation transfer day. 15
`(5) The PIBR Act, section 45,21 applies to the liabilities transferred 16
under section 404 as if the transfer day were the replacement corporation 17
transfer day. 18
`(6) In this section-- 19
"replacement corporation transfer day" means the transfer day under 20
the PIBR Act, section 10(3).22 21
`406 Exemption for cooperatives 22
`If the replacement corporation for a mill suppliers' committee is a 23
cooperative, the Cooperatives Act 1997, section 268,23 does not apply to the 24
transfer of a mill suppliers' committee's assets and liabilities to the 25
replacement corporation. 26
20 PIBR Act, section 48 (Registration of transferred assets)
21 PIBR Act, section 45 (Reimbursement for transferred liabilities)
22 PIBR Act, section 10 (Meaning of "transfer day")
23 Cooperatives Act 1997, section 268 (Acquisition and disposal of assets)
s 37 44 s 37
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`407 Employees 1
`(1) A person's employment by a mill suppliers' committee immediately 2
before the commencement is, on the commencement, taken to be lawfully 3
terminated under the Industrial Relations Act. 4
`(2) The person has the rights given to an employee whose employment 5
has been lawfully terminated under that Act. 6
`(3) The rights given to the person may be exercised against the 7
replacement corporation as if the replacement corporation had been the 8
employer who terminated the person's employment. 9
`408 Members cease holding office 10
`(1) Each person who, immediately before the commencement, was a 11
member of a mill suppliers' committee goes out of office on the 12
commencement. 13
`(2) No compensation is payable to a person because of subsection (1).'. 14
37 Insertion of new ch 10, pt 2, div 6
Clause 15
Chapter 10, part 2-- 16
insert-- 17
`Division 6--Abolition of negotiating teams 18
`409 Definitions for div 6 19
`In this division-- 20
"assets", of a negotiating team, means all assets of the negotiating team, or 21
of members of the negotiating team held by them as members of the 22
negotiating team, immediately before the commencement. 23
"commencement" means the day the amending Act, section 37, 24
commences. 25
"negotiating team" means a negotiating team established under the 26
unamended Act and in existence immediately before the 27
commencement. 28
"liabilities", of a negotiating team, means all liabilities of the negotiating 29
team, or of members of the negotiating team incurred by them as 30
s 37 45 s 37
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
members of the negotiating team, immediately before the 1
commencement. 2
`410 Transfer to commissioner 3
`On the commencement, a negotiating team's assets and liabilities are 4
transferred to, and become the assets and liabilities of, the commissioner. 5
`411 Abolition 6
`On the commencement, each negotiating team is abolished. 7
`412 Continuity of proceedings and matters 8
`(1) A proceeding that, before the commencement, might have been 9
started or continued by or against a negotiating team may, after the 10
commencement, be started or continued by or against the commissioner. 11
`(2) All matters started by a negotiating team before the commencement 12
may be completed by the commissioner after the commencement. 13
`413 Employees 14
`(1) A person's employment by a negotiating team immediately before 15
the commencement is, on the commencement, taken to be lawfully 16
terminated under the Industrial Relations Act. 17
`(2) The person has the rights given to an employee whose employment 18
has been lawfully terminated under that Act. 19
`(3) The rights given to the person may be exercised against the 20
commissioner as if the commissioner had been the employer who 21
terminated the person's employment. 22
`414 Members cease holding office 23
`(1) Each person who, immediately before the commencement, was a 24
member of a negotiating team goes out of office on the commencement. 25
`(2) No compensation is payable to a person because of subsection (1).'. 26
s 38 46 s 38
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
38 Insertion of new ch 10, pt 2, div 7
Clause 1
Chapter 10, part 2-- 2
insert-- 3
`Division 7--Appeals 4
`415 Definitions for div 7 5
`In this division-- 6
"board" means a cane production board established under the unamended 7
Act, section 161.24 8
"commencement" means the day the amending Act, section 38, 9
commences. 10
`416 Appeal to Magistrates Court against board's decision 11
`(1) This section applies to a person mentioned in the unamended Act, 12
section 234(1)(a) to (e),25 who may appeal to a Magistrates Court against 13
the decision, mentioned in relation to the person, of a board. 14
`(2) If-- 15
(a) the person has appealed to a Magistrates Court under the 16
unamended Act, section 234, against the decision; and 17
(b) the appeal has not been decided before the commencement; 18
the appeal lapses. 19
`(3) No order for costs may be made for the appeal. 20
`(4) If-- 21
(a) the person could have appealed to a Magistrates Court under the 22
unamended Act, section 234, against the decision; and 23
(b) the person has not appealed before the commencement; 24
the unamended Act, section 234, does not apply to the decision. 25
24 Section 161 (Establishment of a cane production board)
25 Section 234 (Appeal to Magistrates Court)
s 39 47 s 39
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`417 Appeal to District Court against Magistrates Court's decision 1
`(1) This section applies to a person mentioned in the unamended Act, 2
section 234(1)(a) to (e), who-- 3
(a) has appealed to a Magistrates Court against the decision, 4
mentioned in relation to the person, of a board; and 5
(b) is dissatisfied with the decision of the Magistrates Court 6
(the "court decision"). 7
`(2) If-- 8
(a) the person has appealed to the District Court under the 9
unamended Act, section 234(8), against the court decision; and 10
(b) the appeal has not been decided before the commencement; 11
the appeal lapses. 12
`(3) No order for costs may be made for the appeal. 13
`(4) If-- 14
(a) the person could have appealed to the District Court under the 15
unamended Act, section 234(8), against the court decision; and 16
(b) the person has not appealed before the commencement; 17
the unamended Act, section 234(8), does not apply to the court decision.'. 18
39 Insertion of new ch 10, pt 2, div 8
Clause 19
Chapter 10, part 2-- 20
insert-- 21
`Division 8--Injunctions 22
`418 Definitions for div 8 23
`In this division-- 24
"commencement" means the day the amending Act, section 39, 25
commences. 26
"court" means the Supreme Court. 27
"injunction" includes an interim injunction. 28
s 39 48 s 39
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
"repealed provision" means a provision of the unamended Act, chapter 2, 1
part 1, 2 or 5.26 2
"undesirable conduct", for a person, means the person has engaged, is 3
engaging, or is proposing to engage, in conduct that is, was, or would 4
be, any of the following-- 5
(a) a contravention of a repealed provision; 6
(b) attempting to contravene a repealed provision; 7
(c) aiding, abetting, counselling or procuring a person to contravene 8
a repealed provision; 9
(d) inducing or attempting to induce (whether by threats, promises or 10
otherwise) a person to contravene a repealed provision; 11
(e) being in any way, directly or indirectly, knowingly concerned in, 12
or party to, the contravention by a person of a repealed provision; 13
(f) conspiring with others to contravene a repealed provision. 14
`419 Undecided applications taken to have lapsed 15
`(1) This section applies if an interested entity applied before the 16
commencement under the unamended Act, section 247,27 to the court for an 17
injunction-- 18
(a) either-- 19
(i) restraining a person from engaging in undesirable conduct; 20
or 21
(ii) requiring a person to do anything the person is required to 22
do under a repealed provision; and 23
(b) on the commencement, the application had not been decided. 24
`(2) The application is taken to have lapsed. 25
`(3) No order for costs may be made for the application. 26
26 Chapter 2 (Production, supply and milling), part 1 (Cane production areas), 2 (Cane
supply and processing agreements) or 5 (Mills)
27 Section 247 (Injunctions)
s 40 49 s 40
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
`420 Injunctions of no effect after commencement 1
`(1) This section applies if the court has, on the application of an 2
interested entity, granted an injunction, under the unamended Act, 3
section 247-- 4
(a) restraining a person from engaging in undesirable conduct and, if 5
the court considered it desirable to do so, requiring the person to 6
do anything; or 7
(b) requiring a person to do anything the person is required to do 8
under a repealed provision. 9
`(2) The injunction is of no effect after the commencement.'. 10
40 Amendment of schedule (Dictionary)
Clause 11
(1) Schedule, definitions "Competition Code", "competition legislation", 12
"grower" and "mill"-- 13
omit. 14
(2) Schedule, definitions "adjacent", "cane analysis program", "cane 15
quality program", "cane production area", "cane production board", "cane 16
productivity", "cane supply and processing agreement", "closed mill", 17
"closed mill cane", "collective agreement", "commercial cane sugar", 18
"consent process", "crushing capacity", "current cane production area", 19
"current cane production board", "current mill", "eligible person", 20
"expansion", "grant of unallocated hectares", "guidelines", "harvesting 21
equity committee", "horizontal expansion", "horizontal expansion 22
process", "land included in a cane production area", "mill suppliers' 23
committee", "negotiating team", "number of hectares included in a cane 24
production area", "penalty sugar", "productivity increase", "productivity 25
increase process", "Queensland Sugar Corporation", "receiving cane 26
production board", "receiving mill", "register of easements", "regulation 27
process", "repealed Act", "settlement", "STL", "Sugar Cane Assignment 28
Register", "Sugar Industry Tribunal", "suitable cane land", "supply 29
agreement", "third party", "transfer", "transitional assignment", 30
"transitional easement", "transitional permit", "unallocated" and 31
"variation"-- 32
omit. 33
s 40 50 s 40
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
(3) Schedule, definitions "assets", "board", "liabilities", "pest", "pest 1
infestation", "proposed transfer day", "replacement entity" and "transfer 2
day"-- 3
omit. 4
(4) Schedule-- 5
insert-- 6
` "amendment", for chapter 3, part 2, see section 107A. 7
"applicant", for chapter 3, part 2, see section 107A. 8
"Competition Code" see section 236. 9
"competition legislation" see section 236. 10
"exemption", for chapter 3, part 2, see section 107A. 11
"exemption application" see section 107C(1). 12
"exemption certificate" see section 107A. 13
"exemption certificate details" see section 107L(2). 14
"exemption close day" see section 107C(1). 15
"exemption conditions" see section 107I. 16
"exempt sugar" see section 107A. 17
"exempt sugar details" see section 107E(1)(a)(v). 18
"exempt use" see section 107B. 19
"grower" means a person who supplies cane to a mill. 20
"mill" means a building or other structure that is equipped for the 21
manufacture of sugar from cane. 22
"on-user" see section 107A. 23
"related mill", for chapter 3, part 2, see section 107A. 24
"relevant sugar source" see section 107A. 25
"supplier" see section 99.'. 26
(5) Schedule-- 27
insert-- 28
` "bargaining representative", for chapter 2, part 1, see section 8. 29
s 41 51 s 41
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
"collective contract" means a collective contract under section 11. 1
"group of growers" see section 11(1). 2
"interested third party" see section 8. 3
"supply contract", for chapter 2, part 1, see section 7.'. 4
(6) Schedule, definition "sugar cane", after `part of a plant'-- 5
insert-- 6
`, whether or not the part has been crushed,'. 7
(7) Schedule, definition "payment scheme", `mill owner'-- 8
omit, insert-- 9
`a supplier'. 10
PART 3--MINOR AND CONSEQUENTIAL 11
AMENDMENTS OF ACTS 12
41 Acts amended--schedule
Clause 13
The schedule amends the Acts it mentions. 14
52
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
OF ACTS 3
sections 3 and 41 4
DUTIES ACT 2001 5
1 Schedule 6, definition "new right", paragraph (f)-- 6
omit. 7
2 Schedule 6, definition "new right", paragraph (g), `Sugar Industry 8
Act 1999'-- 9
omit, insert-- 10
`Sugar Marketing Act 1999'. 11
LIENS ON CROPS OF SUGAR CANE ACT 1931 12
1 Sections 8(1), `Subject to the Sugar Industry Act 1999 and any 13
collective agreement mentioned in section 4028 of that Act and 14
affecting any crop, if'-- 15
omit, insert-- 16
`If'. 17
28 Sugar Industry Act 1999, section 40 (Collective agreement--nature) was
renumbered as section 41 under the Sugar Industry Act 1999, section 227A.
53
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
SCHEDULE (continued)
2 Section 8(1), `relates any cane production area in which is'-- 1
omit, insert-- 2
`the lien or supplies the crop from any land'. 3
3 Section 8(4)-- 4
omit. 5
4 Section 9(1)(a), `under a cane supply and processing agreement 6
entered into under the Sugar Industry Act 1999'-- 7
omit. 8
5 Section 9(1)(d), `such levies'-- 9
omit, insert-- 10
`the fees or charges'. 11
6 Section 17(1)(a), `, on land all or part of which is assigned to a mill 12
under the Sugar Industry Act 1991'-- 13
omit. 14
SUGAR INDUSTRY ACT 1999 15
1 Chapter 4, part 10, division 1, heading-- 16
omit. 17
2 Chapter 4, part 10, division 2-- 18
omit. 19
54
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
SCHEDULE (continued)
3 Sections 109(1)(e) and (4), 110(1)(e), 223(b) to (e), 230(2), 254(3) 1
and (5)(c) and 256(1)-- 2
omit. 3
4 Section 182, from `by--'-- 4
omit, insert-- 5
`by the entity that nominated the member for appointment. '. 29
6
5 Section 223(f) to (i)-- 7
renumber as section 223(b) to (e). 8
6 Section 230(3), from `to--'-- 9
omit, insert-- 10
`to an appropriately qualified mediator.'. 11
7 Section 234(3), from `appellant'-- 12
omit, insert-- 13
`appellant is given notice of the relevant decision.'. 14
8 Section 234(9), definition "decision"-- 15
omit, insert-- 16
` "decision" includes an order.'. 17
9 Section 236, definitions "harvesting equity committee" and 18
"settlement"-- 19
omit. 20
29 The Acts Interpretation Act 1954, section 24B contains provisions about acting
appointments.
55
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
SCHEDULE (continued)
10 Section 254(1), `subsections (2) to (4)'-- 1
omit, insert-- 2
`subsections (2) and (3)'. 3
11 Section 254(4), `subsections (2) and (3)'-- 4
omit, insert-- 5
`subsection (2)'. 6
12 Section 254(4) and (5), as amended-- 7
renumber as section 254(3) and (4). 8
TRANSPORT INFRASTRUCTURE ACT 1994 9
1 Schedule 3, definition "cane railway", paragraph (a)(i), `Sugar 10
Industry Act 1991, part 11'-- 11
omit, insert-- 12
`Sugar Marketing Act 1999'. 13
2 Schedule 3, definition "cane railway", paragraph (a)(iii), `Sugar 14
Industry Act 1999, chapter 2, part 4'-- 15
omit, insert-- 16
`Sugar Marketing Act 1999'. 17
56
Sugar Industry and Other Legislation Amendment Bill
(No. 2) 2003
SCHEDULE (continued)
TRANSPORT OPERATIONS (ROAD USE 1
MANAGEMENT) ACT 1995 2
1 Schedule 4, definition "railway", paragraph (b), `Sugar Industry 3
Act 1999, chapter 2, part 4'-- 4
omit, insert-- 5
`Sugar Marketing Act 1999'. 6
© State of Queensland 2003
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