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Queensland
SUGAR INDUSTRY
AMENDMENT BILL 1996
Queensland
SUGAR INDUSTRY AMENDMENT BILL
1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new s 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3C Meaning of "sugar mill" or "mill" . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 6 (Reports to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 19 (Functions of corporation) . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 20 (General powers of corporation) . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 29 (Guidelines that are subordinate legislation) . . . . . . . 8
9 Amendment of s 38 (Establishment of local boards) . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 45 (Functions of local board) . . . . . . . . . . . . . . . . . . . . . . . 9
11 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3A--NEGOTIATING TEAMS
Division 1--Constitution and membership
52A Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
52B Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
52C Removal of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
52D Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
52E Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Functions and powers
52F Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
52G Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Sugar Industry Amendment
Division 3--Amalgamation of negotiating teams
52H Negotiating teams must be amalgamated if local boards
are amalgamated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
52I Amalgamation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
52J Increasing membership of new negotiating team . . . . . . . . . . . . . . . 12
12 Amendment of s 94 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Replacement of ss 97 and 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
97 Convening meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
98 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s 101 (Meetings of dispersed members) . . . . . . . . . . . . . . . 13
15 Amendment of s 102 (General procedure at meetings) . . . . . . . . . . . . . . . . 13
16 Amendment of s 103 (Disclosure of interest) . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 6A--NEW MILLS
105A Establishment of new mills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 110 (Directions on brand of raw sugar) . . . . . . . . . . . . . . . 15
19 Amendment of s 118 (Making of awards) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 119 (Matters to which award extends) . . . . . . . . . . . . . . . 15
21 Amendment of s 120 (Matters relevant to making of award) . . . . . . . . . . . 16
22 Amendment of s 122 (Award to regulate price of and payment for
sugarcane to assignment holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Replacement of s 124 (Guidelines concerning awards) . . . . . . . . . . . . . . . . 16
124 Guidelines about awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of pt 8, div 2 (Applications to tribunal concerning awards) . . 17
25 Omission of s 125 (Corporation may apply to tribunal on award failure) . . 17
26 Replacement of s 126 (Application for review of award) . . . . . . . . . . . . . . 17
126 Application for review of award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Omission of s 132 (Exemption of controls or agreement) . . . . . . . . . . . . . . 18
28 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
134A Exemption from controls over agreements . . . . . . . . . . . . . . . . . . . . . 18
29 Amendment of s 149 (Annual determination of increase in the
aggregate of assignments' areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Amendment of s 219 (Review of determination) . . . . . . . . . . . . . . . . . . . . . 18
3
Sugar Industry Amendment
31 Omission of s 223 (Application by mill suppliers' committee) . . . . . . . . . . 19
32 Insertion of new ss 244 and 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
244 Transitional arrangements for bulk sugar terminal organisations . . . 19
245 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 22
AMENDMENT OF PRIMARY PRODUCERS' ORGANISATION
AND MARKETING ACT 1926
1996
A BILL
FOR
An Act to amend the Sugar Industry Act 1991, and for other purposes
s1 6 s3
Sugar Industry Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Sugar Industry Amendment Act 1996. 3
amended 4
Acts
Clause 2.(1) This Act (other than the schedule) amends the Sugar Industry Act 5
1991. 6
(2) The schedule amends the Primary Producers' Organisation and 7
Marketing Act 1926. 8
of s 3 (Interpretation) 9
Amendment
Clause 3.(1) Section 3, heading-- 10
omit, insert-- 11
`Definitions'. 12
(2) Section 3(1), definition "sugar mill" or "mill"-- 13
omit. 14
(3) Section 3(1)-- 15
insert-- 16
` "adjacent" mills include nearby mills. 17
"negotiating team" means a negotiating team established under part 3A. 18
"sugar mill" or "mill" see section 3C.'. 19
(4) Section 3(1), definitions "assignment holder" and "mill owner" or 20
"owner of a mill", paragraph (b), after `local board'-- 21
insert-- 22
`or negotiating team'. 23
s4 7 s4
Sugar Industry Amendment
(5) Section 3(2), as a heading-- 1
insert-- 2
`References to action in relation to functions, powers and duties'. 3
(6) Section 3(2), as amended-- 4
renumber as section 3A. 5
(7) Section 3(3), as a heading-- 6
insert-- 7
`Meaning of "possession" '. 8
(8) Section 3(3), as amended-- 9
renumber as section 3B. 10
of new s 3C 11
Insertion
Clause 4. After section 3B, as renumbered-- 12
insert-- 13
of "sugar mill" or "mill" 14
`Meaning
`3C.(1) A "sugar mill" or "mill" is works that are-- 15
(a) equipped for the manufacture of sugar from sugarcane and 16
prescribed under a regulation; or 17
(b) proposed to be constructed and equipped for the manufacture of 18
sugar from sugarcane and authorised as a new mill under 19
section 105A. 20
`(2) In this section-- 21
"sugar" means all raw sugar, crystal sugar, sugar syrups, inverted syrups, 22
liquid sugar and any other form of sugar other than-- 23
(a) final molasses; and 24
(b) a form of sugar manufactured from another form of sugar 25
previously disposed of by the corporation.'. 26
s5 8 s9
Sugar Industry Amendment
of s 6 (Reports to Minister) 1
Amendment
Clause 5.(1) Section 6(1)-- 2
insert-- 3
`(ba)a negotiating team; or'. 4
(2) Section 6(1)(ba) to (d), as amended-- 5
renumber as section 6(1)(c) to (e). 6
of s 19 (Functions of corporation) 7
Amendment
Clause 6. Section 19(k), after `local boards'-- 8
insert-- 9
`and negotiating teams'. 10
of s 20 (General powers of corporation) 11
Amendment
Clause 7. Section 20-- 12
insert-- 13
`(3) The corporation's power under subsection (2)(b) for bulk sugar 14
terminals in Queensland is exclusive to the corporation.'. 15
of s 29 (Guidelines that are subordinate legislation) 16
Amendment
Clause 8. Section 29(a)-- 17
omit, insert-- 18
`(a) guidelines about awards under section 124(1)(c) or (d);'. 19
of s 38 (Establishment of local boards) 20
Amendment
Clause 9. Section 38(3)-- 21
omit. 22
s 10 9 s 11
Sugar Industry Amendment
of s 45 (Functions of local board) 1
Amendment
Clause 10.(1) Section 45(a)-- 2
omit. 3
(2) Section 45(b) to (d), as amended-- 4
renumber as section 45(a) to (c). 5
of new pt 3A 6
Insertion
Clause 11. After section 52-- 7
insert-- 8
`PART 3A--NEGOTIATING TEAMS 9
1--Constitution and membership 10
`Division
11
`Establishment
`52A. The Governor in Council may establish a negotiating team for a 12
mill or for 2 or more adjacent mills. 13
14
`Membership
`52B.(1) A negotiating team for a mill, or 2 or more adjacent mills, is to 15
consist of 4 members appointed by the Governor in Council. 16
`(2) Two of the members are to be nominated by the mill owner, or 17
jointly by the mill owners, and 2 are to be nominated by the mill suppliers' 18
committee, or jointly by the mill suppliers' committees. 19
`(3) A member may be appointed for a period up to 1 year. 20
`(4) The Minister may give the owner or committee the directions 21
necessary to ensure the nominations are provided. 22
`(5) However, the directions may not require that a person specified by 23
the Minister be nominated. 24
s 11 10 s 11
Sugar Industry Amendment
`(6) If a nomination for any office is not provided in accordance with the 1
directions, the Governor in Council may appoint someone to the office 2
without receiving a nomination. 3
of members 4
`Removal
`52C. The Governor in Council may at any time remove a member of a 5
negotiating team from office as member. 6
appointments 7
`Acting
`52D. A person who is not a member of a negotiating team may be 8
appointed to act as a member for any meeting of the team by the entity, or 9
jointly by the entities, that nominated the member for appointment.1 10
of members 11
`Remuneration
`52E.(1) A member of a negotiating team is entitled to be paid the fees 12
and allowances decided by the entity or entities that nominated the member 13
for appointment. 14
`(2) The fees and allowances are payable by the nominating entity or 15
jointly by the nominating entities. 16
`Division 2--Functions and powers 17
unctions and powers 18
`F
`52F.(1) The function of a negotiating team is to make an award for the 19
mill or mills for which the team is established. 20
`(2) A negotiating team may do all things necessary or convenient to be 21
done for, or incidental to, the performance of its function. 22
1 The Acts Interpretation Act 1954, section 24B contains provisions about acting
appointments.
s 11 11 s 11
Sugar Industry Amendment
resolution 1
`Dispute
`52G.(1) If a dispute arises about a provision to be included in an award, 2
the negotiating team must refer the dispute to mediation. 3
`(2) The mediator is to be appointed by the relevant negotiating team or, 4
if the team cannot decide on a mediator, by the corporation. 5
`(3) If, after mediation, the dispute is not resolved, the negotiating team 6
must refer the dispute to arbitration. 7
`(4) The arbitrator is to be appointed by the team or, if the negotiating 8
team cannot decide on an arbitrator, by the corporation. 9
`(5) A provision decided by the arbitrator must be included in the award 10
by the negotiating team. 11
`(6) The Commercial Arbitration Act 1990 does not apply to an 12
arbitration under this section. 13
`Division 3--Amalgamation of negotiating teams 14
teams must be amalgamated if local boards are 15
`Negotiating
amalgamated 16
`52H. If local boards established for mills are amalgamated, negotiating 17
teams established for the mills must be amalgamated. 18
process 19
`Amalgamation
`52I.(1) To amalgamate negotiating teams ("existing teams"), the 20
Governor in Council may use powers under division 1 to establish, for all 21
the mills for which the teams were established, a single negotiating team 22
(the "new team"). 23
`(2) From the day of the first appointment of the members of the new 24
team-- 25
(a) each of the existing teams is abolished; and 26
(b) a proceeding started by or against an existing team, or that might 27
have been taken by or against an existing team had it remained in 28
existence, may be continued or taken by or against the new 29
s 12 12 s 13
Sugar Industry Amendment
team; and 1
(c) a reference in an Act or document to the existing team may, if the 2
context permits, be taken as a reference to the new team. 3
membership of new negotiating team 4
`Increasing
`52J.(1) The Governor in Council may, by gazette notice, decide that the 5
number of members of a negotiating team established under section 52I is 6
to be more than 4. 7
`(2) However, an equal number of members must be appointed by mill 8
owners and mill suppliers' committees. 9
`(3) Division 1 applies to the appointment of the members subject to 10
subsections (1) and (2).'. 11
of s 94 (Interpretation) 12
Amendment
Clause 12.(1) Section 94, heading-- 13
omit, insert-- 14
`Definitions for pt 6'. 15
(2) Section 94, definition "body"-- 16
insert-- 17
`(ba)a negotiating team;or'. 18
(3) Section 94, definition "body", paragraphs (ba) to (d), as amended-- 19
renumber as paragraphs (c) to (e). 20
of ss 97 and 98 21
Replacement
Clause 13. Sections 97 and 98-- 22
omit, insert-- 23
meetings 24
`Convening
`97.(1) A negotiating team is to meet as often as it decides is necessary. 25
s 14 13 s 15
Sugar Industry Amendment
`(2) Another body is to meet as often as its chairperson decides is 1
necessary. 2
`(3) Subsection (1) does not limit the powers or functions of a mediator 3
or arbitrator resolving a dispute about an award. 4
uorum 5
`Q
`98.(1) The quorum at a meeting of a local board is to include at least-- 6
(a) 1 member nominated by mill owners; and 7
(b) 1 member nominated by mill suppliers' committees. 8
`(2) The quorum at a meeting of a negotiating team is all the members of 9
the team. 10
`(3) The quorum at a meeting of another body is half the number of 11
members appointed to the body plus 1.'. 12
of s 101 (Meetings of dispersed members) 13
Amendment
Clause 14.(1) Section 101(1), `the chairperson'-- 14
omit, insert-- 15
`a member of a negotiating team or the chairperson of another body'. 16
(2) Section 101(1), `a body'-- 17
omit, insert-- 18
`the body'. 19
of s 102 (General procedure at meetings) 20
Amendment
Clause 15. Section 102-- 21
insert-- 22
`(2) Subsection (1) does not limit the powers or functions of a mediator 23
or arbitrator resolving a dispute about an award.'. 24
s 16 14 s 17
Sugar Industry Amendment
of s 103 (Disclosure of interest) 1
Amendment
Clause 16. Section 103-- 2
insert-- 3
`(5) This section does not apply to a negotiating team.'. 4
of new pt 6A 5
Insertion
Clause 17. After section 105-- 6
insert-- 7
ART 6A--NEW MILLS 8
`P
of new mills 9
`Establishment
`105A.(1) A regulation may authorise the establishment of a new mill. 10
`(2) The regulation must state-- 11
(a) the name of the person (the "authorised person") authorised to 12
establish the mill; and 13
(b) where the mill is to be established. 14
`(3) The regulation may state-- 15
(a) the name of the new mill; and 16
(b) reasonable and relevant conditions about establishing the mill 17
with which the authorised person must comply. 18
`(4) A new mill may be authorised only if the Minister is satisfied-- 19
(a) the authorised person has demonstrated the person's commitment 20
to establishing the mill; and 21
(b) satisfactory arrangements are in place between the authorised 22
person and cane growers under which the growers are to supply 23
the proposed mill with sugarcane. 24
s 18 15 s 20
Sugar Industry Amendment
1
Example of subsection (4)(a)--
2
By producing--
3
(a) any local government or other government approvals for the proposed
4
mill; or
5
(b) plans and specifications for the proposed mill.'.
of s 110 (Directions on brand of raw sugar) 6
Amendment
Clause 18. Section 110(1), `in relation to raw sugar'-- 7
omit, insert-- 8
`about sugar'. 9
of s 118 (Making of awards) 10
Amendment
Clause 19.(1) Section 118(1), (2), (6) and (7), `local board'-- 11
omit, insert-- 12
`negotiating team'. 13
(2) Section 118(3), `chairperson'-- 14
omit, insert-- 15
`members of the negotiating team'. 16
(3) Section 118(8), `local board makes the order varying the award'-- 17
omit, insert-- 18
`negotiating team makes the variation'. 19
of s 119 (Matters to which award extends) 20
Amendment
Clause 20. Section 119(4)(a), `local board'-- 21
omit, insert-- 22
`negotiating team'. 23
s 21 16 s 23
Sugar Industry Amendment
of s 120 (Matters relevant to making of award) 1
Amendment
Clause 21.(1) Section 120, `local board'-- 2
omit, insert-- 3
`negotiating team'. 4
(2) Section 120-- 5
insert-- 6
`(2) In making an award for a mill, a negotiating team must consider 7
ways the mill owner and the assignment holders can jointly-- 8
(a) improve productivity; or 9
(b) reduce costs.'. 10
of s 122 (Award to regulate price of and payment for 11
Amendment
sugarcane to assignment holders) 12
Clause 22. Section 122(1), `local board'-- 13
omit, insert-- 14
`negotiating team'. 15
of s 124 (Guidelines concerning awards) 16
Replacement
Clause 23. Section 124-- 17
omit, insert-- 18
about awards 19
`Guidelines
`124.(1) The corporation may make guidelines about-- 20
(a) the selection of mediators or arbitrators; and 21
(b) standards for contracts between negotiating teams and mediators 22
or arbitrators, including, for example, contracts for fees; and 23
(c) anything else about resolving disputes about an award by 24
negotiation, mediation or arbitration; and 25
(d) the form of an award. 26
s 24 17 s 26
Sugar Industry Amendment
`(2) Guidelines under subsection (1)(c) and (d) are binding on a 1
negotiating team or other person to whom it applies.'. 2
of pt 8, div 2 (Applications to tribunal concerning 3
Amendment
awards) 4
Clause 24. Part 8, division 2, heading-- 5
omit, insert-- 6
`Division 2--Applications about awards'. 7
of s 125 (Corporation may apply to tribunal on award 8
Omission
failure) 9
Clause 25. Section 125-- 10
omit. 11
of s 126 (Application for review of award) 12
Replacement
Clause 26.(1) Section 126-- 13
omit, insert-- 14
for review of award 15
`Application
`126.(1) The holders of 20 or more assignments for a mill may apply to 16
the mill's negotiating team for review of a non-arbitrated provision of the 17
award applying to the mill. 18
`(2) An application must be made-- 19
(a) no later than 21 days after the award is published in the gazette; or 20
(b) if an application is for the review of an award provision as varied 21
under this part--no later than 21 days after the decision to vary 22
the award. 23
`(3) If the members of the negotiating team do not unanimously agree to 24
review the provision, the dispute is to be resolved as if it were a dispute 25
arising in the making of an award. 26
s 27 18 s 30
Sugar Industry Amendment
`(4) The negotiating team may decide that a variation takes effect 1
retrospectively to apply to a part of a crushing season happening before the 2
decision. 3
`(5) In this section-- 4
"non-arbitrated provision" means a provision that was not the subject of 5
arbitration.'. 6
of s 132 (Exemption of controls or agreement) 7
Omission
Clause 27. Section 132-- 8
omit. 9
of new s 134A 10
Insertion
Clause 28. After section 134-- 11
insert-- 12
from controls over agreements 13
`Exemption
`134A. A regulation may exempt a contract or agreement from 14
section 131 or 134.'. 15
of s 149 (Annual determination of increase in the 16
Amendment
aggregate of assignments' areas) 17
Clause 29. Section 149(3)(b)-- 18
omit, insert-- 19
`(b) the capacity of mills to crush additional sugarcane, including the 20
proposed capacity of any new mill to be established; and'. 21
of s 219 (Review of determination) 22
Amendment
Clause 30.(1) Section 219(c)-- 23
omit. 24
(2) Section 219(d) to (k)-- 25
renumber as section 219(c) to (j). 26
s 31 19 s 32
Sugar Industry Amendment
of s 223 (Application by mill suppliers' committee) 1
Omission
Clause 31. Section 223-- 2
omit. 3
of new ss 244 and 245 4
Insertion
Clause 32. After section 243-- 5
insert-- 6
arrangements for bulk sugar terminal organisations 7
`Transitional
`244.(1) The Transport Infrastructure Act 1994, section 2372 is repealed. 8
`(2) To remove doubt, it is declared that the corporation is the successor 9
in law of each BSTO. 10
`(3) Without limiting subsection (2)-- 11
(a) an asset or liability of a BSTO immediately before the repeal 12
mentioned in subsection (1) becomes an asset or liability of the 13
corporation; and 14
(b) a person employed by a BSTO immediately before the repeal 15
becomes an employee of the corporation and is taken always to 16
have been employed by the corporation instead of the BSTO; and 17
(c) a legal proceeding by or against a BSTO may be continued or 18
finished by or against the corporation; and 19
(d) an instrument that, apart from the repeal, would apply to a BSTO 20
(whether as a party or otherwise) applies to the corporation 21
instead of the BSTO; and 22
(e) an industrial award that, apart from the repeal, would apply to a 23
BSTO (whether as a party or otherwise) applies to the corporation 24
instead of the BSTO. 25
`(4) After the repeal, an employee mentioned in subsection (3)(b) is 26
entitled to the same pay and entitlements (including for example, 27
superannuation, long service leave, recreation leave and sick leave) as the 28
2 Section 237 (Continuation of certain provisions of Harbours Act about
Queensland Sugar Corporation)
s 32 20 s 32
Sugar Industry Amendment
employee would have been entitled to apart from the repeal. 1
`(5) In an Act or document, a reference to a BSTO may, if the context 2
permits, be taken as a reference to the corporation. 3
`(6) This section is a law to which the Acts Interpretation Act 1954, 4
section 20A3 applies. 5
`(7) This section expires 2 years after it commences. 6
`(8) In this section-- 7
"bulk sugar terminal organisation" or "BSTO" means any of the 8
following-- 9
(a) Brisbane Bulk Sugar Terminal Organisation; 10
(b) Bundaberg Bulk Sugar Terminal Organisation; 11
(c) Cairns Bulk Sugar Terminal Organisation; 12
(d) Lucinda Bulk Sugar Terminal Organisation; 13
(e) Mackay Bulk Sugar Terminal Organisation; 14
(f) Mourilyan Bulk Sugar Terminal Organisation; 15
(g) Townsville Bulk Sugar Terminal Organisation. 16
"industrial award" includes a certified agreement and an industrial 17
agreement. 18
regulations 19
`Transitional
`245.(1) A regulation may make provision about any matter for which-- 20
(a) it is necessary or convenient to make provision to assist-- 21
(i) the negotiation of, and resolution of disputes about, awards; 22
or 23
(ii) the establishment or operation of a new mill authorised 24
under section 105A including any of the following-- 25
(A) the constitution and membership of a local board for 26
3 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
s 32 21 s 32
Sugar Industry Amendment
the mill and the board's functions; 1
(B) the corporation's acquisition of sugar manufactured at 2
the mill, the delivery of the sugar to the corporation and 3
payment for the sugar; 4
(C) the making of an award for the mill and the award; 5
(D) assignments of land to the mill and farm peaks for the 6
assignments; 7
(E) the management of the sugar harvest for assignments 8
to the mill; 9
(F) the granting to the mill owner of easements and permits 10
to use land; or 11
(iii) on the repeal of the Transport Infrastructure Act 1994, 12
section 237--the transition from the operation of a bulk 13
sugar terminal by a BSTO as the delegate of the corporation 14
to the operation of the terminal by the corporation; or 15
(iv) the transition from the operation of this Act before its 16
amendment by the Sugar Industry Amendment Act 1996 (the 17
"amending Act") to its operation after amendment by all or 18
any of the provisions of the amending Act; and 19
(b) this Act does not make provision or sufficient provision. 20
`(2) A regulation under this section may have retrospective operation to a 21
day not earlier than the commencement of the amending Act, section 1. 22
`(3) A regulation under this section may have effect despite any 23
provision of this Act other than this section. 24
`(4) This section expires 2 years after it commences or, if an earlier day 25
is fixed under a regulation, the earlier day. 26
`(5) In this section-- 27
"BSTO" has the same meaning as in section 244.'. 28
29
22
Sugar Industry Amendment
CHEDULE 1
¡S
AMENDMENT OF PRIMARY PRODUCERS' 2
ORGANISATION AND MARKETING ACT 1926 3
section 2(2) 4
1. Section 30A, heading-- 5
omit, insert-- 6
`Definitions for section 30'. 7
2. Section 30A-- 8
insert-- 9
` "mill" see the Sugar Industry Act 1991, section 3(1).'. 10
11
© State of Queensland 1996
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