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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SUGAR INDUSTRY BILL 1999
Queensland
SUGAR INDUSTRY BILL 1999
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Principal object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 State bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER 2--PRODUCTION, SUPPLY AND MILLING
PART 1--CANE PRODUCTION AREAS
Division 1--Establishment of entitlement
6 Cane production area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Applications for grant, variation or cancellation of cane
production areas
Subdivision 1--General provisions
7 Explanation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8 General provisions applying to applications . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Information notice must be given for refusal of application . . . . . . . . . . . . . 19
Subdivision 2--Particular applications to cane production boards
10 Grant of new or increased cane production area from out of
unallocated hectares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11 Grant of new or increased cane production area from out of
transferred hectares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Transfer of cane production area to another person . . . . . . . . . . . . . . . . . . . 21
13 Variation of description of land included in cane production area . . . . . . . 22
14 Variation of conditions of cane production area . . . . . . . . . . . . . . . . . . . . . . 22
15 Cancellation of cane production area or hectares on application . . . . . . . . 22
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16 Third party consent required in particular circumstances . . . . . . . . . . . . . . . 23
17 Relationship between entitlement change and supply agreement
obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Applications affecting cane production areas relating to
more than 1 mill effectively moving cane supply from 1 mill to
another
Subdivision 1--Preliminary
18 Purpose and explanation of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
19 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 2--Consent process
20 Consent process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 3--Horizontal expansion process
21 Start of horizontal expansion process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
22 If the negotiating team agrees on horizontal expansion . . . . . . . . . . . . . . . . 29
23 If the negotiating team does not agree on horizontal expansion . . . . . . . . . 29
24 Process for moving supply from current mill . . . . . . . . . . . . . . . . . . . . . . . . . 30
25 Other provisions that may be included in the process . . . . . . . . . . . . . . . . . 32
Subdivision 4--Productivity increase process
26 Establishment of productivity increase process . . . . . . . . . . . . . . . . . . . . . . . 32
27 Process of moving supply from current mill . . . . . . . . . . . . . . . . . . . . . . . . . 34
28 Other provisions that may be included in the process . . . . . . . . . . . . . . . . . 35
Subdivision 5--Applications relating to receiving mill
29 Application allowing supply to receiving mill . . . . . . . . . . . . . . . . . . . . . . . 35
30 Cancellation of supply to current mill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4--Cancellation of cane production area without
application
31 Cane production board may cancel a cane production area for
particular reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5--Registration requirements for grant, variation or
cancellation of cane production areas
32 Giving effect to cane production board's decisions . . . . . . . . . . . . . . . . . . . 38
Division 6--Cane production area plans
33 Agreed cane production area plan is evidence . . . . . . . . . . . . . . . . . . . . . . . 39
34 Submission of plan to cane production board . . . . . . . . . . . . . . . . . . . . . . . . 39
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35 Cane production board may interpret disputed plans . . . . . . . . . . . . . . . . . . 40
Division 7--Expansion of cane production areas generally
36 Negotiating team must decide expansion of cane production areas . . . . . . 40
37 Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 2--CANE SUPPLY AND PROCESSING AGREEMENTS
Division 1--Cane supply is governed by supply agreements
38 Object of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
39 Individual agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
40 Collective agreement--nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
41 Collective agreement--before the start of negotiations . . . . . . . . . . . . . . . . 42
42 Collective agreement--making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
43 Collective agreement--effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
44 Variation of collective agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
45 Which agreement applies to particular grower . . . . . . . . . . . . . . . . . . . . . . . 44
46 Grower may give notice of change of entitlement . . . . . . . . . . . . . . . . . . . . 44
Division 2--Process for entering individual agreements
47 Individual agreement entered by grower with mill owner . . . . . . . . . . . . . . 45
48 Individual agreement--stopping or cancelling . . . . . . . . . . . . . . . . . . . . . . . 46
Division 3--Content of supply agreements
49 Content of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50 Cane not required to be accepted by a mill . . . . . . . . . . . . . . . . . . . . . . . . . 47
51 Delivery and acceptance of cane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
52 Emergency and natural disaster . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
53 Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
54 General considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 3--CANE VARIETY CONTROL
55 Approved cane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
56 Permit to grow cane of non-approved variety . . . . . . . . . . . . . . . . . . . . . . . . 50
57 Offences concerning non-approved cane . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 4--CANE ACCESS, HARVESTING AND MILL SUPPLY
58 Access right to harvest and supply cane . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
59 Land-holder may grant an access right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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60 Commissioner may grant an access right . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
61 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
62 Grant of access right takes effect on registration . . . . . . . . . . . . . . . . . . . . . 53
63 Compensation on grant of access right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
64 Access rights register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
65 Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
66 Noting of access right on other registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
67 Variation and cancellation of access right, dispute resolution and
enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
68 Compensation on cancellation or variation of access right . . . . . . . . . . . . . 58
69 Rectification or reinstatement of land on cancellation or
variation of access right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
70 Construction etc. of railways, obstruction of access right . . . . . . . . . . . . . . 59
PART 5--MILLS
Division 1--What are mills
71 Meaning of "mill" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Proposed mills
72 Object of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
73 Establishment of relevant industry bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
74 Cane production areas and supply agreements . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3--Mill closure
75 Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
76 Meaning of "receiving mill" and "closed mill cane" . . . . . . . . . . . . . . . . . 63
77 Abolition of relevant industry bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
78 Action may be taken to support transfer of access rights . . . . . . . . . . . . . . . 63
Division 4--Cane analysis programs
79 Requirement to have cane analysis program and purpose . . . . . . . . . . . . . . 64
80 Content of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
81 Costs of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
82 Approval process for program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
83 Enforcement of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
84 Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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Division 5--Cane quality programs
85 Requirement to have cane quality program . . . . . . . . . . . . . . . . . . . . . . . . . . 67
86 Purpose of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
87 Content of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
88 Costs of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
89 Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 6--Commissioner's function for redirection of cane
90 Redirection of cane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
CHAPTER 3--MARKETING
91 Vesting of sugar in corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
92 Corporation to market and pay for vested sugar . . . . . . . . . . . . . . . . . . . . . . 69
93 Schemes for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
94 Production of brands of raw sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
95 Directions about delivery etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
96 Sugar quality standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
97 Corporation's operating costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
98 Exemption of sugar for local consumption . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
CHAPTER 4--ADMINISTRATION
PART 1--MINISTER'S POWERS
99 Minister may establish advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
100 Reports to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
101 Minister's directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
102 Minister's directions in entities' annual report . . . . . . . . . . . . . . . . . . . . . . . 76
PART 2--QUEENSLAND SUGAR CORPORATION
Division 1--Constitution and membership
103 Establishment of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
104 Judicial notice of corporation's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
105 Corporation does not represent the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
106 Objectives of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
107 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
108 Qualifications for appointment to board of directors . . . . . . . . . . . . . . . . . . . 79
109 Remuneration of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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Division 2--General provisions about the corporation
110 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
111 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
112 Meetings of board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
113 Director's interest in a matter to be considered by the board . . . . . . . . . . . 81
114 Voting etc. by directors on Australian marketing matter . . . . . . . . . . . . . . . 82
115 Prohibition on political activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
116 Removal of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 3--Corporation and officers--general functions, powers
and duties
117 Functions of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
118 General powers of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
119 Corporation to consult industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
120 Chief executive officer and staff of corporation . . . . . . . . . . . . . . . . . . . . . . 86
121 Corporation's power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
122 Duty and liability of certain officers of corporation . . . . . . . . . . . . . . . . . . . 86
123 Application of various public sector Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 3--BUREAU OF SUGAR EXPERIMENT STATIONS
Division 1--Constitution and membership
124 Establishment of BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
125 Judicial notice of BSES's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
126 Objective of BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
127 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
128 Qualifications for appointment to board of directors . . . . . . . . . . . . . . . . . . . 89
129 Remuneration of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 2--General provisions about BSES
130 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
131 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
132 Meetings of the board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
133 Director's interest in a matter to be considered by the board . . . . . . . . . . . 92
134 Prohibition on political activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
135 Removal of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
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Division 3--BSES and officers--general functions, powers and
duties
136 Functions of BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
137 General powers of BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
138 BSES's power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
139 Application of various public sector Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 4--Funding
140 Chief executive officer and staff of BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
141 Regulation may levy a charge payable to BSES . . . . . . . . . . . . . . . . . . . . . 96
PART 4--CANE PRODUCTION BOARDS
Division 1--Establishment and membership
142 Establishment of a cane production board . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
143 Objectives of a cane production board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
144 Functions and powers of a cane production board . . . . . . . . . . . . . . . . . . . . 98
145 Power to engage assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
146 Membership of a cane production board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
147 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
148 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 2--General provisions about cane production boards
149 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
150 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
151 Meetings of a cane production board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
152 Member's interest in a matter to be considered by a board . . . . . . . . . . . . 102
153 Administrative costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
154 Legal and professional costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 3--Amalgamation of cane production boards
155 Amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
156 Other effects of amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 4--Cane production board register
157 Cane production board to keep cane production area register . . . . . . . . . . 105
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PART 5--CANE PROTECTION AND PRODUCTIVITY BOARDS
Division 1--Constitution and membership
158 Establishment of productivity area and cane protection and
productivity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
159 Cane protection and productivity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
160 Judicial notice of a cane protection and productivity board's seal . . . . . . 106
161 Objective of a cane protection and productivity board . . . . . . . . . . . . . . . . 107
162 Membership of a cane protection and productivity board . . . . . . . . . . . . . 107
163 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
164 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2--General provisions about cane protection and
productivity boards
165 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
166 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
167 Meetings of a cane protection and productivity board . . . . . . . . . . . . . . . . 110
168 Member's interest in a matter to be considered by the board . . . . . . . . . . 111
169 Prohibition on political activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
170 Removal of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 3--Cane protection and productivity board's functions,
powers and duties
171 Functions of a cane protection and productivity board . . . . . . . . . . . . . . . . 112
172 General powers of a cane protection and productivity board . . . . . . . . . . . 113
173 Power to engage assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
174 Application of various public sector Acts . . . . . . . . . . . . . . . . . . . . . . . . . . 114
175 Regulation may levy a charge payable to a board . . . . . . . . . . . . . . . . . . . 114
Division 4--Dissolution of cane protection and productivity boards
176 Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
177 Another cane protection and productivity board to take place of
dissolved cane protection and productivity board . . . . . . . . . . . . . . . . . . . . 115
178 Change to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
PART 6--NEGOTIATING TEAMS
Division 1--Establishment of negotiating team
179 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
180 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
9
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181 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
182 Objective of a negotiating team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 2--Functions and powers
183 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
184 Dispute resolution about functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
185 Power to engage assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 3--General provisions about negotiating teams
186 Meetings and decisions of a negotiating team . . . . . . . . . . . . . . . . . . . . . . 118
PART 7--SUGAR INDUSTRY COMMISSIONER
Division 1--Commissioner
187 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
188 Functions of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
189 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
190 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
191 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
192 Commissioner's independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
193 Commissioner's budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
194 Commissioner's staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
195 Commissioner's power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
196 Prohibition on political activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
197 Removal of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 2--Commissioner's function for registers
198 Commissioner and registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
CHAPTER 5--APPEALS
199 Appeal to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
200 Appeal to Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
CHAPTER 6--AUTHORISATIONS FOR COMPETITION
LEGISLATION
201 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
202 Cane production areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
203 Expansions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
204 Supply agreements--individual agreements . . . . . . . . . . . . . . . . . . . . . . . . 130
205 Supply agreements--collective agreements . . . . . . . . . . . . . . . . . . . . . . . . 131
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206 Supply agreements--payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
207 Cane quality programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
208 Payment schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
209 Brand sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
210 Directions about delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
211 Sugar price directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
CHAPTER 7--MISCELLANEOUS
212 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
213 General provisions about show cause proceedings . . . . . . . . . . . . . . . . . . . 137
214 Statutory declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
215 Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
216 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
217 Offence to make false statement in application or submission . . . . . . . . . 138
218 Improper use of information prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
219 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
220 Proceedings for an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
221 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
222 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
CHAPTER 8--AMENDMENTS, REPEALS AND TRANSITIONAL
PROVISIONS
PART 1--AMENDMENTS AND REPEALS
223 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
224 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
PART 2--TRANSITIONAL PROVISIONS
Division 1--Interpretation
225 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2--Assignments
226 Assignment becomes a cane production area . . . . . . . . . . . . . . . . . . . . . . . 142
227 Plan of transitional assignment becomes plan of a cane
production area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
228 Particular corporation guideline to continue in effect . . . . . . . . . . . . . . . . 143
Division 3--Awards and mill supply contracts
229 Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
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230 Mill supply agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
231 Existing mill starts as mill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Division 4--Transitional easements and permits to pass
232 Transitional easement becomes a cane railway easement . . . . . . . . . . . . 145
233 Transitional permit becomes permit to pass . . . . . . . . . . . . . . . . . . . . . . . . 145
234 Register of easements becomes the access rights register . . . . . . . . . . . . . 146
235 References to the register of easements . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
236 Transitional applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 5--Marketing
237 Vesting preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
238 Pool for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
239 Directions about delivery to and acceptance by corporation . . . . . . . . . . . 147
240 Sugar quality standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 6--Minister's powers
241 Minister's directions to corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 7--Queensland Sugar Corporation
242 Continuation of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
243 Delegation continues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
244 Sugar Cane Assignment Register becomes the commissioner's register . 149
Division 8--Bureau of Sugar Experiment Stations
245 Continuation of bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
246 Approved cane and permits for non-approved cane . . . . . . . . . . . . . . . . . . 151
Division 9--Cane production boards
247 Local board becomes a cane production board . . . . . . . . . . . . . . . . . . . . . . 152
248 References to certain boards etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 10--Cane protection and productivity boards
249 Continuation of productivity areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
250 Continuation of cane protection and productivity boards . . . . . . . . . . . . . . 153
Division 11--Negotiating teams
251 Continuation of negotiating teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 12--Sugarcane and sugarcane products examination and
testing programs
252 Continuation of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
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Division 13--Sugar Industry Tribunal
253 Continuation of pt 12 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 14--Sugar Industry Commissioner
254 Particular functions postponed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 15--Competition policy legislation
255 Definitions for div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
256 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
257 Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
258 Mill supply agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
259 Directions about delivery to and acceptance by corporation . . . . . . . . . . . 159
260 Minister's directions to corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
261 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 161
AMENDMENT OF OTHER ACTS AND REGULATIONS
HEALTH (DRUGS AND POISONS) REGULATION 1996 . . . . . . . . . . . . 161
LIENS ON CROPS OF SUGAR CANE ACT 1931 . . . . . . . . . . . . . . . . . . 162
PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
PRIMARY PRODUCERS' ORGANISATION AND MARKETING
ACT 1926 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
STATUTORY BODIES FINANCIAL ARRANGEMENTS
REGULATION 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 166
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT)
ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
WATER RESOURCES (RATES AND CHARGES)
REGULATION 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 169
DICTIONARY
1999
A BILL
FOR
An Act about the sugar industry in Queensland, and for other
purposes
s1 14 s5
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The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
title 3
Short
1. This Act may be cited as the Sugar Industry Act 1999. 4
5
Commencement
2.(1) Chapter 4, part 7 commences on 1 October 1999. 6
(2) The remaining provisions commence on 1 January 2000. 7
object of Act 8
Principal
3. The principal object of the Act is to facilitate an internationally 9
competitive, export oriented sugar industry based on sustainable production 10
that benefits those involved in the industry and the wider community. 11
12
Definitions
4. The dictionary in schedule 2 defines particular words used in this Act. 13
tate bound 14
S
5. This Act binds all persons, including the State. 15
s6 15 s6
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HAPTER 2--PRODUCTION, SUPPLY AND 1
C
MILLING 2
ART 1--CANE PRODUCTION AREAS 3
P
Division 1--Establishment of entitlement 4
production area 5
Cane
6.(1) A person may hold an entitlement called a "cane production 6
area". 7
(2) A cane production area entitles the person (a "grower") to enter a 8
supply agreement with the owner of a particular mill for the supply to the 9
mill of cane grown on a particular number of hectares situated within land 10
of a particular description. 11
12
Example--
13
A cane production area owned by Smith, of 10 hectares, within land description
14
Lot 1234 on Plan A123456, Curra, relating to the Curra Mill means that Smith is a
15
grower and may supply to the Curra mill cane grown on 10 hectares and grown within
16
land description Lot 1234 on Plan A123456, Curra under a supply agreement with the
17
owner of the Curra Mill. The supply agreement may, as provided by this Act, be
18
either an individual agreement or a collective agreement.
(3) A grower is the only person who may enter a supply agreement with 19
a mill owner. 20
(4) Subsection (3) does not prevent a person entering a supply agreement 21
with a mill owner on condition the person becomes the holder of the 22
relevant cane production area. 23
(5) A cane production area is property and may, for example, be sold, 24
leased, subleased, or otherwise transferred, subject to requirements under 25
this part. 26
(6) Disposal of land included in a cane production area does not effect a 27
disposal of the cane production area. 28
(7) Land included in a cane production area may be the same area as, or 29
greater than, but not less than, the number of hectares included in the cane 30
s7 16 s7
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production area. 1
2
Example--
3
The land description of grower Smith's cane production area mentioned in the
4
example to subsection (2) may in fact encompass 20 hectares, but Smith's
5
entitlement only relates to any 10 of those hectares at any one time.
(8) Particular land may be included in more than 1 cane production area. 6
(9) However, the total of all the numbers of hectares included in cane 7
production areas in which particular land is included may not be greater than 8
the land's actual area. 9
10
Example of subsection (8) and (9)--
11
Grower Smith may have 2 cane production areas, each of 10 hectares, and each
12
with the same land description, actually encompassing 20 hectares. How Smith
13
disposes of cane grown on the 20 hectares to a mill or mills depends on the mill or
14
mills to which the cane production area relates and the supply agreements Smith is
15
permitted to enter under this Act.
(10) Nothing in this Act prevents a mill owner who holds a cane 16
production area from supplying to the owner's mill, without a supply 17
agreement, cane grown on land included in the owner's cane production 18
area. 19
2--Applications for grant, variation or cancellation of cane 20
Division
production areas 21
Subdivision 1--General provisions 22
of div 2 23
Explanation
7.(1) A cane production area may be granted, varied or cancelled by a 24
cane production board on application to it under subdivision 2. 25
(2) Applications may affect each of the details of a cane production area, 26
that is to say, they may ask a cane production board to do 1 or more of the 27
following-- 28
(a) grant or cancel the cane production area; 29
(b) vary the holder; 30
s8 17 s8
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(c) vary the description of land included in the cane production area; 1
(d) vary the number of hectares by cancelling or allocating a number 2
of hectares; 3
(e) vary a cane production area's conditions. 4
(3) A single application may be all that is needed to achieve a desired 5
change in cane production area entitlements. 6
7
Example--
8
A grower may sell the grower's cane production area to someone else in a simple
9
transaction associated with the sale of a cane farm. In this case a single application
10
would be made under section 12.
(4) A combination of applications may be needed to achieve a desired 11
outcome and may, if convenient, be included in a single application form. 12
13
Example--
14
A grower may sell the grower's cane production area to someone else who
15
proposes to farm in a completely different place. In this case, a combination of
16
applications would be made under section 12 (to vary the holder) and section 13 (to
17
vary the land description to the new farm). For some reason, the new grower may
18
want a new cane production area, involving the cancellation of the old cane
19
production area under section 15(1)(a) and the grant of a new cane production area
20
under section 11 combined with the transfer of the number of hectares.
(5) An application or combination of applications may be for the purpose 21
of changing a grower's cane production area entitlements relating to more 22
than 1 mill by effectively achieving the following-- 23
(a) cancellation of a cane production area relating to 1 mill, or of a 24
number of hectares included in it; 25
(b) granting of a cane production area relating to another mill or an 26
allocation of a number of unallocated hectares to an existing cane 27
production area relating to the other mill. 28
(6) An application mentioned in subsection (5) must comply with 29
division 3. 30
provisions applying to applications 31
General
8.(1) Subject to division 3, an application for the grant, variation or 32
cancellation of a cane production area must be made to the cane production 33
s8 18 s8
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board established for the mill to which the cane production area will relate 1
or relates. 2
(2) A grant or variation (other than a cancellation of a number of hectares 3
included in a cane production area) of a cane production area, on application 4
to a cane production board, may be for a particular period or indefinite. 5
(3) An application must be made in the way decided by the board, 6
subject to this Act. 7
(4) The board may decide the application in the way it considers 8
appropriate, subject to this Act. 9
(5) Before deciding an application, the board may require the applicant to 10
provide particular information to the board. 11
(6) In granting or varying a cane production area, the board may impose 12
conditions on the cane production area. 13
14
Examples of conditions--
15
1. A condition requiring the grower to contribute financially to cane railways
16
facilitating use of the land for growing cane.
17
2. A condition limiting the harvesting of cane to a particular period each year.
18
3. A condition requiring the grower to enter into an individual agreement with the
19
mill for a particular period or stating conditions about the grower's participation in
20
the collective agreement made for the mill for a particular period.
21
4. A condition requiring the grower to use practices relating to land use, land
22
management and environmental protection.
(7) Applications involving the grant of a number of currently unallocated 23
hectares can not be called for or accepted by a cane production board unless 24
it has first advertised their availability in a newspaper circulated throughout 25
the area where cane supplied to the mill or an adjacent mill is grown. 26
(8) A grant, variation or cancellation on any application under this 27
division takes effect when it is recorded in the register kept by the board 28
under section 157,1 unless the contrary intention appears. 29
1 Section 157 (Cane production board to keep cane production area register)
s9 19 s 10
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notice must be given for refusal of application 1
Information
9. If a cane production board refuses to grant an application under this 2
part, or grants an application on a condition not sought by the applicant, the 3
board must give the applicant an information notice within 28 days after 4
making the decision. 5
2--Particular applications to cane production boards 6
Subdivision
of new or increased cane production area from out of 7
Grant
unallocated hectares 8
10.(1) A person may apply to be granted a cane production area, or an 9
increase in the number of hectares included in a cane production area held 10
by the person, by the allocation of a stated number of unallocated hectares. 11
(2) For a grant of a cane production area, the application must state the 12
description of land the applicant wishes to have included in it. 13
(3) The cane production board may grant the application only if it is 14
satisfied that any consultation, required for the purposes of the grant under 15
guidelines under any of the following, has happened-- 16
(a) a regulation; 17
(b) section 144(d); 18
(c) section 144(e).2 19
(4) Also, the cane production board may grant the application only if it is 20
satisfied that, if the application is granted-- 21
(a) the total number of hectares that will be included in cane 22
production areas relating to the mill will not be more than the 23
limit decided for the mill under section 36;3 and 24
(b) the land that will be included in the cane production area will be 25
suitable cane land, having regard to the anticipated effect of 26
conditions applying to the cane production area; and 27
2 Section 144 (Functions and powers of a cane production board)
3 Section 36 (Negotiating team must decide expansion of cane production areas)
s 11 20 s 11
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(c) for a grant of a cane production area, the grower will have, or be 1
likely to obtain, an estate or interest in the land that will be 2
included in it entitling the grower to use it to grow cane; and 3
(d) for a grant of a cane production area, the land that will be included 4
in the cane production area will not include land also included in a 5
cane production area relating to another mill, or if it will, 6
division 3 has been complied with if it applies. 7
(5) Also, the cane production board may grant the application only after 8
considering anything it is required to consider under a regulation. 9
(6) In this section-- 10
"unallocated hectares" means hectares from out of the unallocated 11
hectares relating to the mill to which the cane production area will 12
relate or relates. 13
of new or increased cane production area from out of 14
Grant
transferred hectares 15
11.(1) An application may be made for the grant of, or for an increase in 16
the number of hectares included in, a cane production area (the "relevant 17
cane production area") relating to a mill by the allocation of a number of 18
hectares transferred from another cane production area relating to the mill. 19
(2) For the grant of the relevant cane production area, the application 20
must state the description of land the applicant wishes to have included in it. 21
(3) The application must be made by the grower seeking to transfer the 22
hectares, or if a disposition of a number of hectares from a grower to 23
another person is involved, by the grower and the other person. 24
(4) The cane production board may grant the application only if it is 25
satisfied that-- 26
(a) every third party consent required under section 16 has been 27
obtained; and 28
(b) any consultation, required for the purposes of the grant under 29
guidelines under any of the following, has happened-- 30
(i) a regulation; 31
(ii) section 144(d); 32
s 12 21 s 12
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(iii) section 144(e).4 1
(5) Also, the cane production board may grant the application only if it is 2
satisfied that, if the application is granted-- 3
(a) the land that will be included in the relevant cane production area 4
will be suitable cane land, having regard to the anticipated effect 5
of conditions applying to the cane production area; and 6
(b) for the grant of a cane production area, the grower will have, or be 7
likely to obtain, an estate or interest in the land that will be 8
included in it entitling the grower to use it to grow cane; and 9
(c) the land that will be included in the cane production area will not 10
include land also included in a cane production area relating to 11
another mill, or if it will, division 3 has been complied with if it 12
applies. 13
(6) If the total number of hectares included in a cane production area are 14
being transferred, the cane production area must be cancelled under 15
section 15(1)(a). 16
(7) Also, section 17(3) to (7) applies. 17
of cane production area to another person 18
Transfer
12.(1) An application may be made to transfer the cane production area 19
of a grower (the "transferor") to another person (the "transferee"). 20
(2) The application must be made by the transferor and the transferee. 21
(3) The board may grant the application only if it is satisfied that every 22
third party consent required under section 16 has been obtained. 23
(4) Also, the cane production board may grant the application only if it is 24
satisfied that, if the application is granted, the transferee will have, or be 25
likely to obtain, an estate or interest in the land that will be included in the 26
cane production area entitling the transferee to use it to grow cane. 27
(5) Also, section 17(3) to (7) applies. 28
4 Section 144 (Functions and powers of a cane production board)
s 13 22 s 15
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of description of land included in cane production area 1
Variation
13.(1) A grower may apply for a variation of the description of land 2
included in the grower's cane production area. 3
(2) The cane production board may grant the application only if it is 4
satisfied that-- 5
(a) every third party consent required under section 16 has been 6
obtained; and 7
(b) any consultation, required for the purposes of the grant under 8
guidelines under any of the following, has happened-- 9
(i) a regulation; 10
(ii) section 144(d); 11
(iii) section 144(e).5 12
(3) Also, the cane production board may grant the application only if it is 13
satisfied that, if the application is granted-- 14
(a) the land that will be included in the cane production area will be 15
suitable cane land, having regard to the anticipated effect of 16
conditions applying to the cane production area; and 17
(b) the grower will have, or be likely to obtain, an estate or interest in 18
the land that will be included in the cane production area entitling 19
the grower to use it to grow cane. 20
of conditions of cane production area 21
Variation
14.(1) A grower may apply for a variation in the conditions on which the 22
grower holds the grower's cane production area. 23
(2) The cane production board must grant the application if, by 24
unanimous decision, it considers the variation appropriate. 25
of cane production area or hectares on application 26
Cancellation
15.(1) A grower may apply to have the grower's cane production area 27
cancelled, or to vary the cane production area by cancelling a part of its 28
5 Section 144 (Functions and powers of a cane production board)
s 16 23 s 16
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number of hectares, for the purpose of-- 1
(a) the grant or variation of another cane production area relating to 2
the same mill; or 3
(b) permanently ceasing to grow cane in relation to the cancelled cane 4
production area or to the extent relevant to the cancelled number 5
of hectares, including on land previously used to grow the cane. 6
(2) The cane production board must grant the application if is satisfied 7
that-- 8
(a) the purpose of the cancellation or variation is as mentioned in 9
subsection (1)(a) or (b); and 10
(b) every third party consent required under section 16 has been 11
obtained. 12
(3) For subsection (2)(a), the board must be satisfied that division 3 does 13
not apply. 14
(4) On the grant of an application under subsection (1)(b), the number of 15
hectares of the cancelled cane production area, or the number of hectares 16
cancelled, become unallocated hectares for the mill to which the cane 17
production area relates or related. 18
party consent required in particular circumstances 19
Third
16.(1) This section applies to an application for the following-- 20
(a) transfer of a number of hectares from a cane production area; 21
(b) transfer of a cane production area from a grower to another 22
person; 23
(c) variation of the description of land included in a cane production 24
area; 25
(d) cancellation of a cane production area or of a part of the number 26
of hectares included in a cane production area. 27
(2) The application must provide a statutory declaration stating the 28
following about the relevant land-- 29
(a) whether or not a third party has an interest in the land; 30
(b) if there is a third party, whether or not the declarant has obtained 31
s 17 24 s 17
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the third party's written consent to the transfer, variation or 1
cancellation. 2
(3) The statutory declaration must be made by the transferor, if a 3
disposition to another person is involved, or if not, by the applicant. 4
(4) If a third party has refused to give written consent, the following 5
provisions apply-- 6
(a) the applicant may ask the cane production board deciding the 7
application to dispense with the consent; 8
(b) the third party must be given notice of the applicant's request and 9
is entitled to be heard by the board on it; 10
(c) the board may dispense with the consent if it considers it is being 11
unreasonably withheld. 12
(5) The application can not be granted unless the consent of each third 13
party mentioned in subsection (2) has been obtained or dispensed with 14
under subsection (4). 15
(6) In this section-- 16
"relevant land" means the land included in the cane production area 17
mentioned in subsection (1)(a), (b) or (d) or the description of which is 18
being varied as mentioned in subsection (1)(c). 19
between entitlement change and supply agreement 20
Relationship
obligations 21
17.(1) An application under this division may be necessary to provide for 22
a change to a supply agreement applying to a grower because a grower 23
supplies cane to a mill under a supply agreement that depends on the 24
grower's entitlements under a cane production area. 25
(2) However, a cancellation or variation of a cane production area under 26
this division, other than as expressly provided by this Act, has no effect 27
on-- 28
(a) the obligations of the grower under the supply agreement; or 29
(b) any right the mill owner may have to take proceedings against the 30
grower to recover an amount under, or for breach of, a supply 31
agreement applying to the cane production area. 32
s 17 25 s 17
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(3) Subsections (4) to (6) apply to an application for the following-- 1
(a) transfer of a cane production area from 1 person to another; 2
(b) cancellation of a cane production area or of part of the number of 3
hectares included in a cane production area. 4
(4) If a collective agreement applies or applied to the cane production 5
area, the application must provide the transferor's statutory declaration 6
stating the following about the cane production area-- 7
(a) whether or not the transferor has an outstanding obligation under 8
the agreement; 9
(b) if there is an outstanding obligation, its nature. 10
(5) The purpose of subsection (4) is to ensure that-- 11
(a) any relevant obligations of a grower under a collective agreement 12
are considered by the grower before making the application; and 13
(b) division 3 is complied with, if it applies. 14
(6) If-- 15
(a) the application is one mentioned in subsection (3)(a); or 16
(b) the application is one mentioned in subsection (3)(b), and a 17
disposition of a number of hectares from a grower to another 18
person is involved; 19
the transferee is bound by an obligation required to be disclosed under 20
subsection (4). 21
(7) In this section-- 22
"transferee" means the person to whom another person's cane production 23
area is being transferred, or to whose cane production area a number of 24
hectares is being transferred under a disposition. 25
"transferor" means the person who holds the cane production area being 26
transferred to another person or a number of hectares which are being 27
cancelled. 28
s 18 26 s 18
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Division 3--Applications affecting cane production areas relating to 1
more than 1 mill effectively moving cane supply from 1 mill to another 2
Subdivision 1--Preliminary 3
and explanation of div 3 4
Purpose
18.(1) The purpose of this division is to establish a number of processes 5
that enable growers to move the supply of cane grown on particular land 6
from 1 mill to another mill if-- 7
(a) entities associated with both mills consent; or 8
(b) the move is necessary to allow growers to increase the number of 9
hectares from which they can supply cane; or 10
(c) because of a significant sustainable lengthening of the current 11
mill's crushing season due to a significant sustainable increase in 12
cane productivity, the move is necessary to allow growers to 13
achieve more efficient crushing arrangements. 14
(2) A move by a grower under each process involves-- 15
(a) the grower obtaining a grant of unallocated hectares relating to a 16
mill (the receiving mill mentioned in section 29(1)) other than the 17
mill to which the grower's cane production area currently relates 18
(the "current mill"); and 19
(b) cancellation of the grower's cane production area relating to the 20
current mill, or of a number of hectares included in it, as may be 21
necessary to take account of the move. 22
(3) Each process ensures the termination of the grower's obligations 23
under any collective agreement made for the current mill that would 24
otherwise apply to the relevant cane. 25
(4) If the move is necessary to allow the grower to increase the number 26
of hectares from which the grower is supplying cane, the process ensures 27
the cane supply to the current mill is not reduced because it requires the 28
resulting increase in unallocated hectares relating to the mill to be granted 29
under section 10. 30
(5) Subdivisions 2 to 4 provide various processes each of which 31
s 19 27 s 19
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establishes a basis for the grower to move to the receiving mill, and how 1
this may affect other growers or potential growers. 2
(6) Subdivision 5 provides for the grower's application to the cane 3
production board established for the receiving mill and the result of a grant. 4
for div 3 5
Definitions
19. In this division-- 6
"cane productivity", in relation to a mill, means the total number of tonnes 7
of cane crushed by the mill, calculated as the average tonnage for each 8
hectare included in all the cane production areas that relate to the mill. 9
"current cane production area", for a grower making an application 10
under this division, means the grower's cane production area relating 11
to the current mill. 12
"current cane production board", for a grower making an application 13
under this division, means the cane production board established for 14
the current mill. 15
"current mill", for a grower making an application under this division, 16
means the current mill mentioned in section 18(2). 17
"grant of unallocated hectares" means a grant under section 10 of a cane 18
production area, or an increase in the number of hectares included in a 19
cane production area, from out of unallocated hectares relating to a 20
mill. 21
"horizontal expansion", in relation to a mill, means expansion in cane 22
production areas relating to the mill. 23
"productivity increase", in relation to a mill, means a sustainable increase 24
in cane productivity relating to the mill, disregarding the effect of any 25
horizontal expansion. 26
"receiving cane production board", for a grower making an application 27
under this division, means the cane production board established for 28
the receiving mill. 29
"receiving mill", for a grower making an application under this division, 30
means the receiving mill mentioned in section 29(1). 31
"regulation process" means a process provided for under a regulation. 32
s 20 28 s 21
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2--Consent process 1
Subdivision
process 2
Consent
20.(1) A grower may obtain consents to the grower's application under 3
section 29 from the owners of the current mill and the receiving mill and the 4
mill suppliers' committees of those mills. 5
(2) All these consents are necessary if the grower is relying on 6
compliance with section 29(1)(a) as the basis of the application. 7
Subdivision 3--Horizontal expansion process 8
of horizontal expansion process 9
Start
21.(1) All references in this subdivision to the mill owner, growers, cane 10
production areas, unallocated hectares, the cane production board (the 11
"board"), the negotiating team, the mill suppliers' committee, crushing 12
season and crushing capacity relate to the current mill, unless the contrary 13
intention appears. 14
(2) To start the process under this subdivision, the mill owner or the mill 15
suppliers' committee may ask the board to call for applications from 16
growers for the grant of unallocated hectares. 17
(3) The object of the request is to find out the level of demand for 18
expansion of cane production areas over the currently available unallocated 19
hectares. 20
(4) As provided for under a regulation, the board must call for 21
applications from growers for the grant of unallocated hectares. 22
(5) In response to the call, a grower may apply to the board for a grant of 23
unallocated hectares. 24
(6) As provided for under a regulation, the board must-- 25
(a) assess the level of demand; and 26
(b) if there is a demand, refer the assessment to the negotiating team. 27
(7) For subsection (6)(b), for each application, the board must make the 28
assessment it considers appropriate of the likelihood the grower's 29
s 22 29 s 23
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application would be granted if unallocated hectares were available. 1
(8) For subsection (7), each assessment must include consideration of 2
whether the grower has enough suitable cane land for the grant. 3
(9) Each grower whose application the board considers it would grant is 4
an "eligible grower". 5
the negotiating team agrees on horizontal expansion 6
If
22. If the negotiating team agrees on expansion in cane production areas, 7
the board must grant the increased number of unallocated hectares for the 8
mill under section 10. 9
the negotiating team does not agree on horizontal expansion 10
If
23.(1) If the negotiating team does not agree on expansion in cane 11
production areas, section 184 applies to the dispute and an arbitration 12
process must be used. 13
(2) To resolve the dispute, the arbitrator must decide, after consulting 14
with the negotiating team, everything about the expansion, including the 15
crushing season length. 16
(3) Subject to subsection (4)-- 17
(a) the arbitrator's decision has effect as a final decision of the 18
negotiating team under section 184; and 19
(b) if the arbitrator decides there is to be an expansion of cane 20
production areas, for the purposes of section 22, the negotiating 21
team is taken to have agreed to the expansion. 22
(4) If the mill owner rejects the arbitrator's decision because the owner 23
refuses to invest the capital necessary to carry out the decision, the 24
arbitrator's decision is of no effect as a final decision of the negotiating team 25
under section 184. 26
(5) If subsection (4) applies and the arbitrator decides that the mill owner, 27
in connection with the arbitration, has not offered to increase crushing 28
capacity by an amount that in all the circumstances is measurable, the 29
arbitrator must also make the following declaration to the board about the 30
measurable increase-- 31
s 24 30 s 24
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(a) the mill owner has failed to agree to it; 1
(b) the amount, expressed as a number of hectares calculated under a 2
regulation (the "declared measurable increase"). 3
(6) The board must then as soon as practicable give a notice to the 4
eligible growers and the mill owner. 5
(7) The notice must state that the board will follow a regulation process 6
stated in the notice, and used to prevent any significant decrease in the total 7
number of hectares included in cane production areas relating to the mill-- 8
(a) to facilitate cancellations of eligible growers' cane production 9
areas, or numbers of hectares included in them, in support of the 10
growers applications under section 29; and 11
(b) to grant unallocated hectares arising from the cancellations to 12
other eligible growers in priority to other persons. 13
(8) The board must comply with the process. 14
(9) However, the process is subject to a resolution of the dispute within 15
the negotiating team at any time. 16
for moving supply from current mill 17
Process
24.(1) The regulation process under section 23(7) must provide for at 18
least the process stated in the following subsections. 19
(2) An eligible grower may apply to the board for the board to-- 20
(a) give the grower a notice that it will take the action mentioned in 21
section 23(7)(a) in relation to a stated number of hectares included 22
in the grower's cane production area (a "move consent notice"); 23
or 24
(b) make a grant mentioned in section 23(7)(b) applied for by the 25
grower under section 21(5). 26
(3) As eligible growers make applications mentioned in subsection (2), a 27
reasonably fair way of selecting each eligible grower in priority to other 28
eligible growers must be used to give move consent notices or make the 29
grants mentioned in subsection (2)(b). 30
(4) The selection process mentioned in subsection (3) applied to a grower 31
must depend on whether unallocated hectares arising out of the cancellation 32
s 24 31 s 24
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mentioned in section 23(7)(a) relating to the grower will be able to be 1
granted to another eligible grower. 2
(5) Also, the process mentioned in subsection (3) must involve a 3
grower's application under subsection (2) being refused, if-- 4
(a) the board considers that unallocated hectares arising out of the 5
cancellation mentioned in section 23(7)(a) relating to the grower 6
will not be able to be granted to another eligible grower; or 7
(b) the process has ended. 8
(6) As the applications of eligible growers under subsection (2) are 9
processed-- 10
(a) eligible growers are to be issued with move consent notices; and 11
(b) other eligible growers are to be given notices that their 12
applications under subsection (2)(b) will be granted as particular 13
cancellations mentioned in section 23(7) are recorded by the 14
board. 15
(7) An eligible grower given a notice mentioned in subsection (6)(b) may 16
withdraw the grower's application under subsection (2)(b) at any time 17
before the cancellation relating to the grant is made, but afterwards may 18
only withdraw it as provided under a regulation. 19
(8) As cancellations under section 30 are made based on move consent 20
notices under this subdivision, the board must exercise its powers under 21
section 10 to grant unallocated hectares, arising out of the cancellations, to 22
growers previously given notice of the grant as mentioned in 23
subsection (6)(b). 24
(9) The process must end when the first of the following happens-- 25
(a) there are no more applications under subsection (2) to be 26
processed; 27
(b) the total of the numbers of unallocated hectares granted by the 28
following boards equal the amount of the declared measurable 29
increase-- 30
(i) the current cane production board, in exercising its powers 31
under section 10 to grant unallocated hectares arising from 32
cancellations under section 30; 33
s 25 32 s 26
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(ii) receiving cane production boards, in exercising their powers 1
under section 29 based on move consent notices. 2
(10) An application under subsection (2) must be made by an eligible 3
grower within 5 years after the arbitrator's declaration under section 23(5) 4
or before the end of the process under subsection (9)(b), whichever happens 5
first. 6
provisions that may be included in the process 7
Other
25.(1) A regulation under section 23(7) may provide for time limits, 8
including-- 9
(a) a time limit in a move consent notice after which the notice ceases 10
to have effect; or 11
(b) a time limit within which a grower must make an application 12
under section 29. 13
(2) For section 24(8), the regulation may permit the grants mentioned in 14
the subsection to be made, and to be binding on the growers, unless the 15
growers withdraw their applications as provided under the regulation. 16
(3) Subsection (1) and (2) and section 24 do not limit the matters that 17
may be included in the process under a regulation under section 23(7). 18
4--Productivity increase process 19
Subdivision
of productivity increase process 20
Establishment
26.(1) All references in this subdivision to the mill owner, growers, cane 21
production areas, unallocated hectares, the cane production board (the 22
"board"), the negotiating team, the mill suppliers' committee, crushing 23
capacity and crushing season relate to the current mill, unless the contrary 24
intention appears. 25
(2) To start the process under this subdivision, the circumstances 26
mentioned in subsection (3) must exist arising from an arbitrated dispute 27
within the negotiating team about the framing or variation of a collective 28
agreement. 29
(3) The circumstances are as follows-- 30
s 26 33 s 26
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(a) for a particular crushing season, the mill suppliers' committee 1
asks the mill owner to increase the crushing capacity; 2
(b) the basis is that the length of the crushing season has significantly 3
increased because of a significant sustainable increase in cane 4
productivity; 5
(c) the arbitrator's final decision is that-- 6
(i) the crushing season length has significantly increased 7
because of a significant sustainable increase in cane 8
productivity of a particular amount (the "sustainable 9
increase"); and 10
(ii) the mill's crushing capacity should be increased by a stated 11
amount; 12
(d) the mill owner rejects the arbitrator's decision; 13
(e) the arbitrator decides the mill owner, in connection with the 14
arbitration, has not offered to increase crushing capacity by an 15
amount that in all the circumstances is measurable. 16
(4) The arbitrator must make the following declaration to the board about 17
the sustainable increase-- 18
(a) the mill owner has failed to agree to it; 19
(b) the amount, expressed as a number of hectares calculated under a 20
regulation (the "declared sustainable increase"). 21
(5) The board must then as soon as practicable give a notice to growers 22
and to the mill owner. 23
(6) The notice must state that the board will follow a regulation process 24
stated in the notice to facilitate cancellations of growers' cane production 25
areas, or numbers of hectares included in them, in support of growers 26
applications under section 29. 27
(7) The notice must state that the cancellations relate to a stated total 28
number of hectares included in existing cane productions areas that is no 29
more than the declared sustainable increase. 30
(8) The board must comply with the process. 31
(9) However, the process is subject to a resolution of the dispute within 32
the negotiating team at any time. 33
s 27 34 s 27
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(10) To give notice to growers under subsection (5), it is enough to 1
advertise, in a newspaper circulating in the area where cane supplied to the 2
mill is grown, information on how a copy of the notice may be obtained. 3
(11) In this section-- 4
"arbitrated dispute" means a dispute that has been arbitrated under 5
section 184. 6
of moving supply from current mill 7
Process
27.(1) The regulation process provided for under section 26(6) must 8
provide for at least the process stated in the following subsections. 9
(2) A grower may apply to the board for the board to give the grower a 10
notice that it will take the action mentioned in section 26(6) in relation to a 11
stated number of hectares included in the grower's cane production area (a 12
"move consent notice"). 13
(3) As growers make applications mentioned in subsection (2), a 14
reasonably fair way of selecting each grower in priority to other growers 15
must be used to give move consent notices. 16
(4) Also, the process mentioned in subsection (3) must involve a 17
grower's application under subsection (2) being refused if the process has 18
ended. 19
(5) The process must end when the first of the following happens-- 20
(a) there are no more applications under subsection (2) to be 21
processed; 22
(b) receiving cane production boards, in exercising their powers 23
under section 29 based on move consent notices issued under the 24
process, make grants of unallocated hectares equal to the amount 25
of the declared sustainable increase. 26
(6) An application under subsection (2) must be made by a grower 27
within 5 years after the arbitrator's declaration under section 26(4) or before 28
the end of the process under subsection (5)(b), whichever happens first. 29
(7) Despite cancellations under section 30 based on move consent notices 30
under this subdivision, the number of hectares that are cancelled do not 31
become unallocated hectares available to be granted under section 10. 32
s 28 35 s 29
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provisions that may be included in the process 1
Other
28.(1) A regulation under section 26(6) may provide for time limits, 2
including-- 3
(a) a time limit in a move consent notice after which the notice ceases 4
to have effect; or 5
(b) a time limit within which a grower must make an application 6
under section 29. 7
(2) Subsection (1) and section 27 do not limit the matters that may be 8
included in the process provided for under a regulation under section 26(2). 9
5--Applications relating to receiving mill 10
Subdivision
allowing supply to receiving mill 11
Application
29.(1) If a grower-- 12
(a) has obtained the consents mentioned in section 20; or 13
(b) has received a move consent notice mentioned in section 24(2) 14
or 27(2); 15
the grower may apply under section 10 to a cane production board 16
established for a mill other than the current mill (the "receiving mill) to be 17
granted unallocated hectares relating to the receiving mill. 18
(2) In addition to the other requirements for the application under 19
division 2, the application must provide the following-- 20
(a) the consents or move consent notice mentioned in subsection (1); 21
(b) particulars of the land from which the grower intends to supply 22
cane to the receiving mill, if the application is granted; 23
(c) the number of hectares on which is grown the cane that the 24
grower intends to cease supplying to the current mill and start 25
supplying to the receiving mill, if the application is granted; 26
(d) the particulars of the current cane production area and a request 27
for its cancellation, or of a stated number of hectares included in 28
it, as may be necessary to ensure-- 29
s 30 36 s 30
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(i) consistency between cane production area entitlements; and 1
(ii) that the grower may comply with each collective agreement 2
applying to the grower, if the application is granted. 3
(3) The information provided under subsection (2)(b) to (d) must be 4
consistent with the corresponding information included in the consents or 5
move consent notice provided under subsection (2)(a). 6
(4) The receiving cane production board can not act on a move consent 7
notice unless it is in force when the board acts. 8
(5) The receiving cane production board may, under section 10, grant the 9
application effective from the start of the crushing season for the next year. 10
of supply to current mill 11
Cancellation
30.(1) If the receiving cane production board grants the application, it 12
must give notice to the current cane production board to cancel the current 13
cane production area or the number of hectares mentioned in 14
section 29(2)(d) included in it, effective from the start of the crushing 15
season for the next year. 16
(2) When it receives the notice, the current cane production board must 17
record the cancellation in its register effective from the start of the crushing 18
season for the next year. 19
(3) The cancellation takes effect from the start of the crushing season for 20
the next year. 21
(4) On cancellation, the grower is not bound by a collective agreement 22
made for the current mill, so far as it relates to the activities of the grower 23
after the cancellation in growing, harvesting and supplying cane in the 24
exercise of the entitlement granted by the application. 25
(5) The obligations of the grower under an individual agreement are not 26
affected only because the application has been granted. 27
(6) This section does not limit the number of different applications that 28
may be made under division 2 in support of the purpose mentioned in 29
section 18.6 30
6 Section 18 (Purpose and explanation of div 3)
s 31 37 s 31
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1
Example--
2
An application under section 13 to vary the description of land included in a
3
relevant cane production area may be necessary or convenient.
(7) A number of hectares cancelled under subsection (3) on the grant of 4
an application based on consents mentioned in section 20, or a move 5
consent notice mentioned in section 24(2) become unallocated hectares for 6
the current mill. 7
4--Cancellation of cane production area without application 8
Division
production board may cancel a cane production area for 9
Cane
particular reasons 10
31.(1) The cane production board established for a mill to which a cane 11
production area relates may cancel the cane production area, or vary the cane 12
production area by cancelling part of its number of hectares, if satisfied 13
that-- 14
(a) land included in the cane production area has become 15
permanently used for another purpose excluding cane growing; or 16
(b) no cane has been supplied to the mill under a supply agreement 17
for at least 2 years; or 18
(c) the grower has not complied with a condition of the cane 19
production area. 20
(2) For subsection (1)(b), a period must not be counted if an agreement 21
under section 39 provided that no cane need be supplied to the mill for the 22
period. 23
(3) Before the board cancels the cane production area or part of the cane 24
production area's number of hectares, it must give notice to the grower 25
calling on the grower to show cause why the cancellation should not 26
happen.7 27
(4) If the grower does not show as required cause or enough cause why 28
the cancellation should not happen, the board may proceed with the 29
cancellation. 30
7 Section 213 contains general provisions about show cause proceedings.
s 32 38 s 32
Sugar Industry
(5) If the board is satisfied as mentioned in subsection (1)(a) to (c), it 1
may, instead of immediately ordering the cancellation, allow the grower a 2
period to dispose of the cane production area or the part of its number of 3
hectares. 4
(6) The cancellation takes effect when it is recorded in the register kept by 5
the board under section 157.8 6
(7) Within 21 days after the board makes a decision under subsection (1) 7
or (5), it must give an information notice to the grower. 8
(8) The cancellation has no effect on any right the mill owner may have 9
to take proceedings against the grower to recover an amount under, or for 10
breach of, a supply agreement. 11
(9) The number of hectares of the cancelled cane production area, or the 12
number of hectares cancelled, become unallocated hectares for the mill to 13
which the cane production area relates or related. 14
Division 5--Registration requirements for grant, variation or 15
cancellation of cane production areas 16
effect to cane production board's decisions 17
Giving
32.(1) A cane production board must, as required under a regulation, 18
record in its register kept under section 1579 the effect of the decision of any 19
cane production board granting an application or cancelling a cane 20
production area or part of the number of hectares of a cane production area 21
under this part. 22
(2) However, if the decision is made on an application made in 23
anticipation of an agreement being made or other event happening in 24
relation to a cane production area, on the applicant's request the cane 25
8 Section 157 (Cane production board to keep cane production area register)
9 Section 157 (Cane production board to keep cane production area register)
s 33 39 s 34
Sugar Industry
production board may delay recording the effect of the decision until it 1
receives a request from the applicant to record it. 2
3
Example--
4
An application may be made for a variation needed for an anticipated commercial
5
transaction that afterwards may fail to proceed. The cane production board may delay
6
recording the effect of the decision until it receives confirmation that the transaction
7
has proceeded.
6--Cane production area plans 8
Division
cane production area plan is evidence 9
Agreed
33. A plan verified by a grower and the owner of the mill to which the 10
grower's cane production area relates, showing for a date or period the 11
boundaries of the description of land included in the cane production area or 12
where cane is being, or proposed to be, grown on the land for supply to the 13
mill, is evidence of those things. 14
of plan to cane production board 15
Submission
34.(1) If a grower or mill owner is not satisfied of the accuracy of a plan 16
mentioned in section 33 submitted by the one to the other for verification, 17
the dissatisfied grower or owner may submit an alternative plan to the cane 18
production board established for the mill. 19
(2) If satisfied the plan is accurate, the cane production board must certify 20
to that effect. 21
(3) If dissatisfied, the cane production board may reject the plan or certify 22
a plan amended by it. 23
(4) The chairperson must sign the cane production board's certificate. 24
(5) The certified plan may be filed by the grower or mill owner in the 25
cane production board's office. 26
(6) The certified plan is evidence of the things in the plan. 27
s 35 40 s 37
Sugar Industry
production board may interpret disputed plans 1
Cane
35.(1) If there is a dispute between a mill owner and a grower or between 2
growers about the accuracy or interpretation of a plan verified under 3
section 33 or certified under section 34, the owner or a grower may apply to 4
the cane production board established for the mill to decide the issue. 5
(2) The board may decide the issue. 6
(3) The cane production board's decision is binding on the owner and 7
grower and anyone else relying on a right or obligation of the owner or 8
grower that is established by the plan. 9
7--Expansion of cane production areas generally 10
Division
team must decide expansion of cane production areas 11
Negotiating
36. A negotiating team established for a mill must decide everything 12
about the size of expansion of cane production areas relating to the mill and 13
the length of a crushing season ("expansion"). 14
isputes 15
D
37.(1) This section applies if-- 16
(a) there is a dispute about expansion; and 17
(b) a final decision under section 18410 is made. 18
(2) The decision is binding on the mill owner and growers. 19
(3) However, if the decision requires capital investment by the mill 20
owner, and the mill owner refuses to invest the capital, the decision is of no 21
effect. 22
(4) Nothing in this division requires a grower to accept an allocation of 23
hectares to the grower's cane production area without making an 24
application. 25
(5) This section does not apply if the processes under division 3, 26
subdivision 3 or 4, are being used. 27
10 Section 184 (Dispute resolution about functions)
s 38 41 s 40
Sugar Industry
ART 2--CANE SUPPLY AND PROCESSING 1
P
AGREEMENTS 2
Division 1--Cane supply is governed by supply agreements 3
of pt 2 4
Object
38.(1) The object of this part is to ensure that the supply by growers of 5
cane to a mill, the cane's crushing and the payment to growers in return are 6
governed by agreements (each a "cane supply and processing 7
agreement" or "supply agreement") between growers and mill owners. 8
(2) A supply agreement may be either an individual agreement or a 9
collective agreement. 10
(3) A supply agreement may be for 1 or more crushing seasons. 11
agreement 12
Individual
39.(1) An individual agreement is a supply agreement made directly 13
between 1 or more growers and a mill owner. 14
(2) An individual agreement between a grower and a mill owner may 15
provide that the grower need not supply cane to the owner's mill. 16
(3) An individual agreement may be for all or part of the period of the 17
collective agreement otherwise applying to the grower and for all or part of 18
the supply of cane grown by the grower. 19
agreement--nature 20
Collective
40.(1) A collective agreement is a supply agreement made by a 21
negotiating team. 22
(2) A negotiating team must make a collective agreement for the mill for 23
which it is established. 24
(3) There may only be 1 collective agreement in force at any 1 time for a 25
mill. 26
s 41 42 s 42
Sugar Industry
(4) A negotiating team established for more than 1 mill may make a 1
collective agreement applying to more than 1 of the mills. 2
agreement--before the start of negotiations 3
Collective
41.(1) No later than 28 days before starting negotiations for a collective 4
agreement, the negotiating team must publish in a newspaper circulating in 5
the area where the cane to which the agreement will apply is grown a notice, 6
stating the following-- 7
(a) the intention to start negotiations; 8
(b) the day negotiations will start; 9
(c) the negotiating team's address for service; 10
(d) the period or range of periods the collective agreement may 11
possibly cover. 12
(2) The cost of publishing the notice must be paid in equal amounts by 13
the mill suppliers' committee and the mill owner. 14
(3) If the notice is not published as required under subsection (1), the 15
agreement can not be made. 16
(4) However, for subsection (1)(d), the negotiating team may, without 17
giving public notice, have preliminary discussions to decide the period or 18
range of periods the collective agreement may possibly cover. 19
(5) If a mill owner holding a cane production area proposes to use it to 20
supply cane to the owner's mill during any period to which the collective 21
agreement may apply, the owner must, before the start of negotiations, give 22
to the mill suppliers' committee notice of the number of hectares from 23
which, and when, the cane will be supplied. 24
Maximum penalty for subsection (5)--20 penalty units. 25
agreement--making 26
Collective
42.(1) A collective agreement made for a mill must be signed by the 27
members of the negotiating team or by the commissioner under 28
subsection (3). 29
(2) Within 21 days after a collective agreement is made, the negotiating 30
s 43 43 s 44
Sugar Industry
team must publish, in a newspaper circulating in the area from which cane 1
will be supplied to the mill under the agreement, a notice of the signing of 2
the agreement and how a copy can be obtained. 3
(3) If a member of a negotiating team does not sign a collective 4
agreement, despite the fact that there are no disputes on its content or that 5
any dispute has been decided under section 184, the commissioner may 6
sign the agreement in the member's place, on the application of another 7
member, the mill suppliers' committee or the mill owner. 8
agreement--effect 9
Collective
43.(1) A collective agreement made for a mill is binding and enforceable 10
in any court of competent jurisdiction as a contract on-- 11
(a) the mill owner; and 12
(b) each grower who enters, or who is taken to have entered into, the 13
agreement; and 14
(c) each person having title to, or interest in, the mill or the land from 15
which cane is to be supplied to the mill, or the cane. 16
(2) Under subsection (1)(b), unless excused under section 46 or a 17
relevant supply agreement, any grower who grows cane on land included in 18
the grower's cane production area has a contractual obligation to supply the 19
cane to the mill to which the grower's cane production relates. 20
of collective agreement 21
Variation
44.(1) This section applies to a collective agreement made for a mill and 22
to the negotiating team established for the mill. 23
(2) The negotiating team may vary the agreement on application, made 24
within 21 days after the agreement is published as required under 25
section 42(2), by 20 or more growers bound by the agreement. 26
(3) Also, the negotiating team may vary the agreement on application 27
made at any time by the mill owner or the mill suppliers' committee on the 28
grounds of a change of circumstances. 29
(4) An agreement provision that has been made or confirmed by a final 30
s 45 44 s 46
Sugar Industry
decision under section 18411 can not be affected under subsection (2). 1
(5) Sections 41(1) to (4) and 42 apply to the variation in the same way as 2
they apply to the agreement. 3
agreement applies to particular grower 4
Which
45.(1) Each grower must have a supply agreement with a mill owner for 5
each season. 6
(2) A grower may enter an individual agreement with the owner of the 7
mill, or a collective agreement made for the mill, to which the grower's 8
cane production area relates. 9
(3) A grower who does not voluntarily enter a supply agreement is taken 10
to have entered the collective agreement made for the mill to which the 11
grower's cane production area relates. 12
may give notice of change of entitlement 13
Grower
46.(1) This section applies only to a collective agreement made for a mill 14
for a period longer than 4 years. 15
(2) Before the collective agreement is made, a grower may give notice to 16
the negotiating team of a proposed cancellation of the grower's cane 17
production area, or of a number of hectares included in it, to take effect 18
from a day after the end of the 4 year period. 19
(3) If the cancellation is granted, the grower is excused from any 20
obligation under the agreement to grow cane or supply cane to the mill after 21
the cancellation takes effect in relation to the cancelled cane production area 22
or number of hectares. 23
(4) This section does not limit part 1, division 3.12 24
11 Section 184 (Dispute resolution about functions)
12 Part 1, division 3 (Applications affecting cane production areas relating to more
than 1 mill effectively moving cane supply from 1 mill to another)
s 47 45 s 47
Sugar Industry
(5) In this section-- 1
"grower" means a grower whose cane production area relates to the mill. 2
"negotiating team" means the negotiating team established for the mill. 3
Division 2--Process for entering individual agreements 4
agreement entered by grower with mill owner 5
Individual
47.(1) Notice must be given under this section of an individual 6
agreement between a grower and the mill owner. 7
(2) At least 14 days before the start of negotiations for the collective 8
agreement for the mill, the grower must give notice to the mill suppliers' 9
committee of an individual agreement the grower intends to enter with the 10
mill owner for all or part of any period to which the collective agreement 11
may apply. 12
(3) Within 7 days after a collective agreement is made, the mill owner 13
must give to the mill suppliers' committee notice of every individual 14
agreement the owner has entered with growers for all or part of the period 15
to which the collective agreement applies. 16
(4) If, during the period to which a collective agreement applies, the mill 17
owner enters an individual agreement with a grower for all or part of the 18
period to which the collective agreement applies, the owner must give notice 19
of the agreement to the mill suppliers' committee within 7 days after the 20
agreement is entered into. 21
(5) Notice of an individual agreement must give enough details of the 22
agreement to allow the effect of the agreement on the collective agreement 23
to be decided by a Magistrates Court under section 48(5). 24
(6) However, the details need not include details of the price payable to 25
the grower for cane under the individual agreement. 26
(7) If notice of an individual agreement is not given as required under 27
subsections (2) to (5), the application of the collective agreement to the 28
grower and the mill owner is unaffected by the individual agreement and the 29
collective agreement applies to them. 30
s 48 46 s 49
Sugar Industry
agreement--stopping or cancelling 1
Individual
48.(1) Within 21 days after it receives notice of an individual agreement, 2
the mill suppliers' committee may apply for an order stopping the making 3
of, or cancelling, the agreement. 4
(2) The only ground of the application is that the agreement's provisions 5
will have a significant adverse effect on growers supplying cane to the mill 6
under the collective agreement. 7
(3) For subsection (2), the individual agreement is not taken to have the 8
mentioned significant adverse effect only because the individual agreement 9
provides for a price payable to the grower for cane under the individual 10
agreement other than as decided under the collective agreement. 11
(4) The application under subsection (1) may be made to a Magistrates 12
Court sitting in the magistrates court district in which the mill is situated. 13
(5) The parties to the application are the mill suppliers' committee, the 14
mill owner and the grower. 15
(6) The court may decide the application and make or refuse to make the 16
order sought and, to facilitate the proceeding before the court, make any 17
order the court considers appropriate. 18
(7) If the individual agreement is cancelled, the grower is taken to have 19
entered the collective agreement. 20
(8) The decision of the court on a particular issue can not be affected by 21
any other application made to a Magistrates Court under subsection (1). 22
Division 3--Content of supply agreements 23
of agreement 24
Content
49.(1) A supply agreement must provide for the rights and obligations of 25
any grower and mill owner, in relation to the following, about cane to be 26
supplied to the mill by the grower under the agreement-- 27
(a) growing; 28
(b) harvesting; 29
(c) delivery to the mill; 30
s 50 47 s 50
Sugar Industry
(d) transport and handling; 1
(e) acceptance and crushing by the mill; 2
(f) payment by the mill owner. 3
(2) A collective agreement must provide that growers must grow cane on 4
a stated minimum percentage of the number of hectares included in their 5
cane production areas. 6
(3) A collective agreement may provide for different provisions for 7
different growers. 8
(4) A supply agreement may provide for the following-- 9
(a) a financial incentive scheme of premiums, discounts and 10
allowances relating to cane and sugar quality or to anything that 11
may affect cane and sugar quality, having regard to best practice; 12
(b) penalty payments in amounts, or referable to amounts, for a 13
contravention of the agreement. 14
not required to be accepted by a mill 15
Cane
50. Every supply agreement is taken to include a provision that the mill 16
owner is not required to accept the following for crushing-- 17
(a) cane infested with a pest; 18
(b) cane having in or on it a chemical residue in an amount more than 19
the maximum residue limit of the chemical prescribed for cane 20
under the Chemical Usage (Agricultural and Veterinary) Control 21
Act 1988; 22
(c) cane exposed to or having on or in it a chemical as prescribed 23
under a regulation; 24
(d) cane containing less than 7 units of commercial cane sugar; 25
(e) cane grown, harvested, transported, handled, delivered or 26
supplied in contravention of this Act or an applicable supply 27
agreement. 28
s 51 48 s 53
Sugar Industry
and acceptance of cane 1
Delivery
51. Every supply agreement is taken to include the following 2
provisions-- 3
(a) cane is delivered to a mill if it is delivered or tendered for delivery 4
in accordance with the agreement; 5
(b) acceptance of cane by the mill owner comprises-- 6
(i) the handling of cane from the point of delivery to the mill; 7
and 8
(ii) its crushing; and 9
(iii) the acceptance of liability for its payment in accordance with 10
the agreement; 11
(c) no action taken about cane before the mill owner decides it is or is 12
not acceptable, in accordance with the agreement provisions 13
mentioned in section 50 or in the relevant supply agreement, is 14
acceptance of the cane. 15
and natural disaster 16
Emergency
52. Every collective agreement is taken to include a provision excusing a 17
party from an obligation under the agreement the party is unable to fulfil 18
because of natural disaster or other emergency affecting cane growing, 19
harvesting, delivering, transporting or crushing. 20
resolution 21
Dispute
53.(1) A collective agreement must provide for a final decision if there 22
is-- 23
(a) a dispute within the negotiating team about a variation of the 24
agreement; or 25
(b) a dispute within a future negotiating team during the negotiations 26
for the next collective agreement made for the mill. 27
(2) The negotiating team mentioned in subsection (1)(b) is bound by the 28
provision mentioned in subsection (1)(b). 29
(3) Also, if there is no provision for resolution of a dispute within a 30
s 54 49 s 54
Sugar Industry
negotiation team as provided under subsection (1), then the dispute 1
resolution process provided under a regulation must be followed. 2
considerations 3
General
54.(1) In negotiating a collective agreement for a mill, a negotiating 4
team's objective is to enhance the profit of the mill owner and the growers 5
supplying cane, while taking full account of local circumstances. 6
(2) Matters the negotiating team may consider include the following-- 7
(a) the amount of existing and proposed crushing capacity of the 8
mill; 9
(b) mill reliability; 10
(c) likely loss of harvesting and crushing time because of weather 11
conditions; 12
(d) crushing season length and the risk of being unable to complete 13
harvesting; 14
(e) increases in the amount of cane to be crushed at the mill because 15
of increases in productivity or the total number of hectares used to 16
grow cane; 17
(f) commercial cane sugar yield patterns, cane growing patterns and 18
the effect of a harvesting date on future yields; 19
(g) raw sugar marketing commitments and the likely selling price of 20
sugar; 21
(h) bulk raw sugar storage capacity limits; 22
(i) cane payment arrangements; 23
(j) cane and sugar quality; 24
(k) crop size; 25
(l) industrial dispute risk; 26
(m) anything relevant to the harvesting, delivery, transport, handling 27
and crushing of cane; 28
(n) anything else relevant. 29
s 55 50 s 56
Sugar Industry
(3) The negotiating team must consider ways in which the growers and 1
the mill owner may jointly improve profitability. 2
ART 3--CANE VARIETY CONTROL 3
P
cane 4
Approved
55.(1) The BSES may, by gazette notice-- 5
(a) approve for growing in an area defined in the notice a variety of 6
cane stated in the notice, or cancel the approval of the variety; and 7
(b) impose conditions regulating when cane of a variety the subject of 8
the notice starts, or stops, being approved for growing. 9
(2) In approving a variety of cane for growing in an area, the BSES must 10
have regard to its-- 11
(a) agricultural qualities; and 12
(b) mill processing characteristics; and 13
(c) resistance to pests; and 14
(d) effect on the environment. 15
to grow cane of non-approved variety 16
Permit
56.(1) A person may apply to the BSES for a permit authorising the 17
person to grow cane at a place where, and during a period when, the variety 18
of cane to which it belongs is not approved for growing under section 55. 19
(2) An application must be-- 20
(a) in a form, and give particulars, approved by the BSES; and 21
(b) accompanied by the fee prescribed under a regulation. 22
(3) The BSES must consider the application and may-- 23
(a) grant a permit to the applicant, subject to any reasonable 24
conditions; or 25
s 57 51 s 58
Sugar Industry
(b) refuse the application, by notice given to the applicant stating 1
reasons for the refusal. 2
concerning non-approved cane 3
Offences
57.(1) A person must not grow non-approved cane. 4
Maximum penalty--100 penalty units. 5
(2) A person must not-- 6
(a) dispose of, or attempt to dispose of, non-approved cane to 7
another person; or 8
(b) deliver, or attempt to deliver, non-approved cane to a mill; or 9
(c) accept non-approved cane at a mill. 10
Maximum penalty--100 penalty units. 11
ART 4--CANE ACCESS, HARVESTING AND MILL 12
P
SUPPLY 13
right to harvest and supply cane 14
Access
58.(1) This part provides for the grant by a land-holder or the 15
commissioner of 2 types of right (each an "access right")-- 16
(a) a permit to pass; and 17
(b) a cane railway easement. 18
(2) A permit (a "permit to pass") may be granted to-- 19
(a) a grower to facilitate harvest of cane and supply to a mill; or 20
(b) a mill owner to facilitate harvest of cane and supply of cane to any 21
mill or between any mills or to service a cane railway easement. 22
(3) A permit to pass authorises the person to whom it is granted and a 23
person acting on the person's behalf to use another person's land under the 24
permit's conditions. 25
s 59 52 s 60
Sugar Industry
(4) An easement (a "cane railway easement") may be granted to a mill 1
owner to facilitate harvest of cane and supply of cane to any mill or between 2
any mills. 3
(5) A cane railway easement may be granted whether or not it is annexed 4
to or used and enjoyed together with any other land. 5
(6) The grant of an access right is subject to the powers under the 6
Transport Infrastructure Act 1994 of the chief executive or a railway 7
manager within the meaning of that Act. 8
may grant an access right 9
Land-holder
59. A land-holder may grant an access right affecting the holder's land 10
under an agreement with a mill owner or a grower. 11
may grant an access right 12
Commissioner
60.(1) This section applies if-- 13
(a) a person seeking an access right affecting land does not reach 14
agreement with the land-holder for the grant, after reasonable 15
negotiation or attempts to negotiate; and 16
(b) the commissioner considers the grant necessary for a purpose 17
mentioned in section 58(2) or (4) in relation to the person; and 18
(c) the grant, if made, would not affect native title, or if it would, 19
there is an indigenous land use agreement consenting to the grant. 20
(2) A person may make an application to the commissioner to be granted 21
the access right. 22
(3) The applicant must give a copy of the application to-- 23
(a) every person the applicant knows will be entitled to claim 24
compensation if the right is granted; and 25
(b) anyone the commissioner directs should be given a copy. 26
(4) A person given a copy of the application is entitled to make written 27
submissions to, and be heard by, the commissioner about the application. 28
(5) The commissioner may grant the application and may impose 29
reasonable conditions on the grant. 30
s 61 53 s 62
Sugar Industry
1
Examples of conditions--
2
A condition that the mill owner or grower construct and maintain at or near the
3
boundaries of the land cattle grids or other structures.
(6) However, the commissioner must not grant the application unless the 4
commissioner is satisfied on reasonable grounds that the grant, if made, 5
would not affect native title, or, if it would, there is an indigenous land use 6
agreement consenting to the grant. 7
(7) In this section-- 8
"indigenous land use agreement" means an indigenous land use 9
agreement under the Native Title Act 1993 of the Commonwealth 10
registered on the register of indigenous land use agreements. 11
of decision 12
Notice
61. The commissioner must, within 21 days after the decision, give the 13
applicant an information notice of the decision under section 60 and, if the 14
access right is granted, any person the commissioner considers may be 15
entitled to claim compensation. 16
of access right takes effect on registration 17
Grant
62.(1) For the grant of an access right by the holder of land to a mill 18
owner or grower to take effect, a notice must be given to the commissioner. 19
(2) The notice must be-- 20
(a) in the approved form; and 21
(b) signed by the mill owner or grower and the land-holder; and 22
(c) accompanied by the fee required under a regulation. 23
(3) On receiving the notice, the commissioner must record particulars of 24
the access right in the access rights register. 25
(4) The access right mentioned in subsection (3) then takes effect and not 26
beforehand. 27
(5) If the commissioner grants an access right, the commissioner must 28
record particulars of the access right in the access rights register. 29
s 63 54 s 63
Sugar Industry
(6) The access right mentioned in subsection (5) then takes effect and not 1
beforehand. 2
on grant of access right 3
Compensation
63.(1) Subject to subsection (6), if the commissioner or a land-holder 4
grants an access right, the land-holder whose land is affected and the mill 5
owner or grower to whom the access right is granted may agree on the 6
amount of any compensation payable to the land-holder. 7
(2) If the land-holder and the mill owner or grower can not agree on the 8
amount-- 9
(a) the holder or the mill owner or grower may apply to the Land 10
Court to decide the amount; or 11
(b) they may jointly apply to the commissioner to appoint a valuer to 12
decide the amount. 13
(3) On an application under subsection (2)(a), the Land Court may decide 14
the amount. 15
(4) On an application under subsection (2)(b), the following provisions 16
apply-- 17
(a) the commissioner may appoint a valuer; 18
(b) the valuer may decide the amount; 19
(c) the valuer's decision is final. 20
(5) The costs of a valuation under subsection (4) are to be paid by-- 21
(a) if the access right granted is a cane railway easement--the mill 22
owner; or 23
(b) if the access right granted is a permit to pass--the holder of the 24
permit to pass. 25
(6) The commissioner, in granting a permit to pass to a person, may 26
order the person to pay to the land-holder whose land is affected by the 27
permit 1 or both of the following-- 28
(a) an amount, or amounts from time to time, towards the cost to the 29
land-holder of the use of the permit; 30
s 64 55 s 64
Sugar Industry
(b) an amount as compensation for significant detriment to the 1
land-holder's use of the land. 2
rights register 3
Access
64.(1) The commissioner must keep a register called the access rights 4
register. 5
(2) The commissioner must record in the register the following 6
particulars of an access right-- 7
(a) type; 8
(b) assigned number; 9
(c) date of registration; 10
(d) holder's name; 11
(e) names and addresses of the holders of the lands affected by the 12
grant of the right; 13
(f) description of the lands affected; 14
(g) other particulars decided by the commissioner. 15
(3) The commissioner must record each access right in the order of 16
granting. 17
(4) The record of an access right in the register is taken to be adequate 18
notice to all persons of the access right's existence. 19
(5) The Land Title Act 1994 is subject to subsection (4). 20
(6) If an access right is relinquished by its holder, the holder must 21
immediately give notice of the relinquishment to the commissioner and to 22
the land-holders recorded in the register for the right. 23
Maximum penalty--40 penalty units. 24
(7) On receiving the notice, the commissioner must record the 25
relinquishment in the register. 26
(8) The register must be available for inspection at the office of the 27
commissioner during the ordinary working hours of the office. 28
(9) A person may inspect a particular record in the register on payment 29
of the fee required under a regulation. 30
s 65 56 s 67
Sugar Industry
1
Certificates
65.(1) In a proceeding, a certificate purporting to be signed by a person 2
authorised by the commissioner stating any information recorded in the 3
access rights register is evidence of the information stated. 4
(2) The certificate may be issued at any time on payment of the fee 5
required under a regulation. 6
of access right on other registers 7
Noting
66.(1) This section applies to the registrar of titles or other person who 8
under an Act keeps a register of title to land that is the subject of an access 9
right ("registrar"). 10
(2) A person to whom an access right is granted must give notice of the 11
grant to the registrar of titles within 28 days after the access right is granted. 12
Maximum penalty--40 penalty units. 13
(3) A person to whom an access right is granted may give notice of the 14
grant to any registrar other than the registrar of titles. 15
(4) On being given a notice under subsection (2) or (3), the registrar 16
must enter in the register a note warning of the existence of the access right 17
recorded in the access rights register. 18
(5) The note is not taken to be registration of the access right on the 19
register. 20
and cancellation of access right, dispute resolution and 21
Variation
enforcement 22
67.(1) The land-holder whose land is affected by an access right and the 23
holder of the access right may, by agreement, vary or cancel the access right 24
or a condition on which it is held. 25
(2) If the access right is recorded or noted in a register kept under this or 26
another Act by any person, notice by the parties to the variation or 27
cancellation, produced with the documents the person requires, is enough 28
authority for the person to vary the particulars of, or remove particulars of, 29
the access right or condition from the register. 30
(3) Despite subsection (1) but subject to subsection (7), the 31
s 67 57 s 67
Sugar Industry
commissioner may in special circumstances vary or cancel an access right, 1
or a condition on which it is held, on application by-- 2
(a) the land-holder whose land is affected by the access right; or 3
(b) the holder of the access right. 4
(4) A change in the use of the land affected by the access right is not in 5
itself special circumstances for subsection (3). 6
(5) The commissioner may direct the applicant to give a copy of the 7
application to any other person the commissioner considers may have an 8
interest in the application. 9
(6) A person given a copy of the application under subsection (5) is 10
entitled to make written submissions to, and be heard by, the commissioner 11
about the application. 12
(7) A cane railway easement may be cancelled under subsection (3) only 13
on the basis that it has not been used for at least 2 years. 14
(8) The commissioner must give an information notice of a decision 15
under subsection (3), by public notice or otherwise, to anyone the 16
commissioner considers may have an interest in the decision. 17
(9) The commissioner may mediate in disputes about the exercise of an 18
access right. 19
(10) An access right, and any condition on which it is held, may be 20
enforced by application to the Land Court. 21
(11) If an access right, or condition of an access right, is recorded or 22
noted in a register kept under this or another Act by any person, written 23
notification by the commissioner-- 24
(a) of a variation or cancellation of the right under subsection (3); and 25
(b) that-- 26
(i) no appeal has been properly lodged against the variation or 27
cancellation; or 28
(ii) if an appeal has been lodged--the appeal has been 29
dismissed; 30
produced with the documents the person requires, is enough authority for 31
s 68 58 s 68
Sugar Industry
the person to vary the particulars of, or remove particulars of, the access 1
right or condition from the register. 2
on cancellation or variation of access right 3
Compensation
68.(1) If the commissioner cancels or varies an access right under 4
section 67 on an application by a holder of the access right, section 63 5
applies in the same way it applies to the grant of an access right by the 6
commissioner on the application of a mill owner or grower. 7
(2) If the commissioner cancels or varies an access right under section 67 8
on an application by the holder of the land affected by the right, the 9
land-holder and the holder of the access right may agree on the amount of 10
any compensation payable to the holder of the access right. 11
(3) If the land-holder and the holder of the access right can not agree on 12
the amount-- 13
(a) the land-holder or the holder of the access right may apply to the 14
Land Court to decide the amount; or 15
(b) they may jointly apply to the commissioner to appoint a valuer to 16
decide the amount. 17
(4) On an application under subsection (3)(a), the Land Court may decide 18
the amount. 19
(5) On an application under subsection (3)(b), the following provisions 20
apply-- 21
(a) the commissioner may appoint a valuer; 22
(b) the valuer may decide the amount; 23
(c) the valuer's decision is final. 24
(6) The cost of the valuation must be paid by the applicants subject to the 25
following-- 26
(a) if the access right was held by the mill owner--the mill owner 27
must pay the cost; 28
(b) if the access right was held by a grower and the holder of the land 29
affected is another grower--each grower must pay half the cost; 30
(c) if the access right was held by a grower and the holder of the land 31
s 69 59 s 70
Sugar Industry
affected by the right is neither a grower nor mill owner--the 1
grower must pay the cost. 2
or reinstatement of land on cancellation or variation of 3
Rectification
access right 4
69.(1) This section applies if the commissioner cancels an access right 5
affecting land or varies an access right in a way that excludes land affected 6
by the right. 7
(2) The commissioner may give a written order to the person who is or 8
was the holder of the right to carry out rectification or reinstatement of the 9
land as directed by the commissioner. 10
(3) The commissioner must give a copy of the order to the holder of the 11
land. 12
(4) The holder of the land may give a copy of the order to the registrar of 13
the Supreme Court. 14
(5) The order may then be enforced as an order of the court. 15
etc. of railways, obstruction of access right 16
Construction
70.(1) For supply of cane to a mill, a mill owner or a person authorised 17
by the mill owner may-- 18
(a) construct, maintain, alter and use a railway or road, and carry out 19
any other necessary works on-- 20
(i) land of the mill owner or over which the mill owner holds 21
an access right; or 22
(ii) subject to the Local Government Act 1993, section 91913, a 23
road for which the mill owner holds a permit under that 24
section; or 25
(iii) subject to the Transport Infrastructure Act 1994, a 26
State-controlled road for which the mill owner holds an 27
13 Local Government Act 1993, section 919 (Ancillary works and encroachments on
roads)
s 70 60 s 70
Sugar Industry
approval under section 4714 of that Act; and 1
(b) use on the railway or road vehicles or rolling stock and other 2
machinery and equipment the mill owner may consider 3
necessary. 4
(2) A person must not obstruct or attempt to obstruct the use of an access 5
right or a right under subsection (1). 6
Maximum penalty--40 penalty units. 7
8
Example--
9
Removal or attempt to remove rail line used in connection with an access right.
(3) Without limiting subsection (2), a person may apply to a Magistrates 10
Court for an order restraining anyone else from obstructing or attempting to 11
obstruct the applicant's use of an access right or a right under 12
subsection (1). 13
(4) The application must be made to the Magistrates Court sitting in the 14
magistrates court district in which the obstruction or attempt is happening or 15
anticipated. 16
(5) The court may make the order sought on the conditions it considers 17
appropriate. 18
(6) A person who suffers loss or damage because another person 19
obstructs or attempts to obstruct the person's use of the person's access 20
right or right under subsection (1) may recover the amount of the loss or 21
damage as a debt from the other person. 22
14 Transport Infrastructure Act 1994, section 47 (Ancillary works and
encroachments)
s 71 61 s 73
Sugar Industry
PART 5--MILLS 1
Division 1--What are mills 2
of "mill" 3
Meaning
71. A "mill" is works that are-- 4
(a) equipped for the manufacture of sugar from cane; or 5
(b) proposed to be constructed and equipped for the manufacture of 6
sugar from cane and established as a new mill under division 2. 7
2--Proposed mills 8
Division
of div 2 9
Object
72. The object of this division is to facilitate-- 10
(a) the establishment of a mill; and 11
(b) arrangements made in anticipation of the establishment of a mill, 12
including, for example, arrangements about supply agreements 13
and the grant of cane production areas. 14
of relevant industry bodies 15
Establishment
73.(1) This section applies if-- 16
(a) a person wants to establish a mill; and 17
(b) the Minister is satisfied-- 18
(i) the person has demonstrated the necessary commitment to 19
establishing the mill; and 20
(ii) arrangements necessary for the operation of this Act 21
("arrangements") will be in place for growers ("proposed 22
growers") to supply the mill with cane under 1 or more 23
supply agreements. 24
(2) A cane production board may be established for the proposed mill 25
s 74 62 s 74
Sugar Industry
under chapter 4, part 4.15 1
(3) If a cane production board is established for the mill, chapter 4, 2
part 616 applies as if the mill had been established. 3
(4) To establish a mill suppliers' committee for the mill under the 4
Primary Producers' Organisation and Marketing Act 1926, the proposed 5
growers under the arrangements are taken under that Act to be growers 6
supplying cane to the mill. 7
production areas and supply agreements 8
Cane
74.(1) A cane production board established for a proposed mill may 9
exercise powers under chapter 2, part 117 about cane production areas 10
necessary for this Act to operate in relation to the mill, including in a way 11
that gives effect to arrangements under section 73. 12
(2) Other bodies established under this Act may, or must, exercise 13
powers in relation to the establishment of the cane production areas as if the 14
mill had been established. 15
(3) However, a power exercised under subsection (1) or (2) is of no 16
effect to create, vary or cancel a cane production area until the mill is 17
established. 18
(4) A collective agreement made by a negotiating team established for a 19
proposed mill under section 73(2) is of no effect until the mill is 20
established. 21
(5) For this part-- 22
(a) the Minister may, by gazette notice, declare the day the mill is 23
established; and 24
(b) the declared day is taken to be the day the mill is established. 25
15 Chapter 4 (Administration), part 4 (Cane production boards)
16 Chapter 4 (Administration), part 6 (Negotiating teams)
17 Chapter 2 (Production, supply and milling), part 1 (Cane production areas)
s 75 63 s 78
Sugar Industry
Division 3--Mill closure 1
2
Closure
75.(1) For this division, a mill (the "closed mill") is closed if it 3
permanently stops carrying on the business of crushing cane. 4
(2) The closed mill is taken to close at the last moment of the day on 5
which it is closed. 6
(3) The owner of the mill must immediately give written notice to the 7
Minister of the day of the closure. 8
Maximum penalty--20 penalty units. 9
(4) The Minister may declare the closure day by gazette notice. 10
(5) Other than for subsection (3) the day so declared is taken, for this 11
division, to be the day the mill closed. 12
of "receiving mill" and "closed mill cane" 13
Meaning
76.(1) A "receiving mill" for the closed mill is a mill that undertakes the 14
crushing of closed mill cane. 15
(2) "Closed mill cane" means cane that would have been supplied to the 16
closed mill under supply agreements if it had not closed. 17
of relevant industry bodies 18
Abolition
77.(1) On the closure of the closed mill, the cane production board and 19
negotiating team established for the closed mill cease to exist and their 20
members cease to hold office. 21
(2) If the board or team is established for the closed mill and another 22
mill, subsection (1) does not affect the board or team so far as it is 23
established for the other mill. 24
may be taken to support transfer of access rights 25
Action
78.(1) The object of this section is to authorise a regulation to support or 26
complement arrangements made between the owner of a receiving mill and 27
s 79 64 s 79
Sugar Industry
the owner, or other person managing the affairs, of the closed mill. 1
(2) A regulation may provide for the grant to the receiving mill's owner 2
of access rights for the harvesting or supply to the mill, and transport 3
between the mill and another mill, of closed mill cane. 4
(3) The grant may be a transfer of access rights previously held by the 5
closed mill's owner, or an additional grant of access rights. 6
(4) A grower or land-holder is not entitled to compensation only because 7
an access right relating to the grower's cane or the land-holder's land is 8
transferred under a regulation from a closed mill owner to a receiving mill 9
owner. 10
(5) To remove doubt, it is declared that subsection (4) does not prevent a 11
compensation arrangement being negotiated between interested parties. 12
(6) The regulation must provide for a grant of additional access rights 13
under subsection (2) to be subject to provisions about compensation and 14
review that are equivalent to or the same as the provisions applying if a 15
grant of access rights is made under section 60.18 16
(7) The regulation may provide for-- 17
(a) changes to registers held under any Act to give effect to changes 18
in access rights; and 19
(b) documents evidencing access rights transferred under 20
subsection (2) to be interpreted in a way that gives effect to the 21
transfer. 22
Division 4--Cane analysis programs 23
to have cane analysis program and purpose 24
Requirement
79.(1) Each mill must have a cane analysis program.19 25
(2) A cane analysis program is a program made for a mill to obtain 26
information about cane received at the mill. 27
18 Section 60 (Commissioner may grant an access right)
19 See also section 252 (Continuation of program).
s 80 65 s 81
Sugar Industry
(3) The purpose of obtaining the information is to supervise the payment 1
to growers of amounts owing to them under the scheme for the acquisition 2
of sugar provided for by this Act. 3
of program 4
Content
80. A cane analysis program may provide for any of the following-- 5
(a) the weighing, examining or testing of cane received at the mill for 6
its quantity, quality or another condition; 7
(b) the appointment by the commissioner or another entity of a 8
person to perform the duty of weighing, examining or testing 9
cane or sugar, the qualifications of the person and the 10
performance of duties by the person; 11
(c) the observation and checking of performance of duties by persons 12
appointed under paragraph (b) by other persons appointed under 13
the program; 14
(d) facilities to be provided by the mill owner; 15
(e) directions that may be given by persons authorised under the 16
program; 17
(f) returns of information obtained under the program that must be 18
given to the commissioner; 19
(g) monitoring procedures calculated to provide reasonable and 20
regular checking that the provisions of the program and directions 21
given under the program are being complied with; 22
(h) payment and recovery of costs associated with the program; 23
(i) anything provided for under a regulation. 24
of program 25
Costs
81.(1) The costs of the operation of a cane analysis program established 26
at the request of a mill owner or mill suppliers' committee are to be paid by 27
the owner of the mill and the mill suppliers' committee-- 28
(a) in the proportions agreed to by them; or 29
(b) if there is no agreement, in equal amounts. 30
s 82 66 s 84
Sugar Industry
(2) A person incurring costs payable by the owner of a mill or a mill 1
suppliers' committee under section 80 may recover the costs as a debt from 2
the owner or committee. 3
process for program 4
Approval
82.(1) A negotiating team established for a mill may propose to the 5
commissioner for approval a cane analysis program for the mill or a change 6
to the mill's program. 7
(2) The commissioner may advise the team about an appropriate 8
program before the team proposes the program to the commissioner. 9
(3) In deciding whether to approve the program, the commissioner may 10
consider anything the commissioner considers relevant and must consider 11
the following-- 12
(a) the program's likely effectiveness; 13
(b) the extent to which the program is able to be audited; 14
(c) whether the provisions of the program are reasonable. 15
(4) On approving the program or change, the commissioner must give 16
the mill owner and the mill suppliers' committee notice of the program's 17
provisions. 18
(5) A program or change becomes binding on the persons to whom it is 19
stated to apply when the notice is given. 20
(6) In approving a program, the commissioner may cancel an existing 21
program. 22
of program 23
Enforcement
83. A person who suffers loss or damage because of a contravention by 24
another person of a cane analysis program, or direction given under a 25
program, binding on the other person, may recover the amount of the loss 26
or damage as a debt from the other person. 27
resolution 28
Dispute
84.(1) This section applies if a negotiating team can not agree on the 29
s 85 67 s 87
Sugar Industry
making of a cane analysis program for a mill or a change to a mill's 1
program. 2
(2) The dispute must be resolved under the dispute resolution process 3
established under section 183(3)(b).20 4
(3) If the dispute resolution process has not been established, the dispute 5
resolution process established under a regulation must be followed. 6
5--Cane quality programs 7
Division
to have cane quality program 8
Requirement
85.(1) The negotiating team established for a mill must make a cane 9
quality program for the mill. 10
(2) The program is taken to be part of the collective agreement for the 11
mill and of any supply agreement made with the mill owner. 12
(3) A negotiating team that makes a program must immediately give a 13
copy of it to the corporation. 14
of program 15
Purpose
86. The purpose of a cane quality program is to facilitate the management 16
of sugar quality to meet customer requirements for quality decided by the 17
corporation. 18
of program 19
Content
87.(1) A cane quality program may provide for anything about achieving 20
cane quality, including quality standards and tests. 21
(2) A program may also provide for a scheme of premiums and 22
discounts for cane or sugar quality. 23
20 Section 183 (Functions and powers)
s 88 68 s 90
Sugar Industry
of program 1
Costs
88. The costs of the operation of a cane quality program made for a mill 2
are to be paid by the owner of the mill and the mill's suppliers' 3
committee-- 4
(a) in the proportions agreed to by them; or 5
(b) if there is no agreement, in equal amounts. 6
resolution 7
Dispute
89.(1) This section applies if a negotiating team can not agree on the 8
making of a quality program for a mill or a change to a mill's program. 9
(2) The dispute must be resolved under the dispute resolution process 10
established under section 183(3)(b).21 11
(3) If the dispute resolution process has not been established, the dispute 12
resolution process established under a regulation must be followed. 13
6--Commissioner's function for redirection of cane 14
Division
of cane 15
Redirection
90.(1) This section applies if-- 16
(a) a mill (the "first mill") can not crush cane because of a mishap; 17
and 18
(b) an adjacent mill (the "second mill") is able to crush the cane that 19
is the subject of a supply agreement with the first mill. 20
21
Examples of mishaps--
22
· breakdown of a boiler at the mill
23
· a natural disaster.
(2) The commissioner may require the relevant mill owners and the mill 24
suppliers' committees to attend a compulsory conference as required by the 25
commissioner. 26
21 Section 183 (Functions and Powers)
s 91 69 s 92
Sugar Industry
(3) The purpose of the conference is to decide whether the parties can 1
agree on the redirection of cane to the second mill. 2
(4) The conference may be held using any technology allowing 3
reasonably contemporaneous and continuous communication between 4
persons taking part in the conference. 5
(5) The parties to the conference must bear their own costs for the 6
conference. 7
(6) A person must not contravene a requirement under subsection (2). 8
Maximum penalty for subsection (6)--40 penalty units. 9
HAPTER 3--MARKETING 10
C
of sugar in corporation 11
Vesting
91.(1) All sugar on manufacture becomes the absolute property of the 12
corporation free from all mortgages, charges, liens, pledges and trusts. 13
(2) Property divested from any person because of this section is changed 14
to a right to receive payments under this Act. 15
(3) To the extent that a contract, agreement, security or other document, 16
whether made before or after this Act, is contrary to this section, it is of no 17
effect. 18
to market and pay for vested sugar 19
Corporation
92.(1) The corporation must market the sugar vested in it. 20
(2) When the corporation considers enough information is available for 21
the purpose, the corporation must calculate-- 22
(a) the net value for each tonne of sugar included in each payment 23
scheme; and 24
(b) the payments due to each mill owner. 25
s 93 70 s 93
Sugar Industry
(3) The payments must be made as provided under the relevant payment 1
scheme. 2
(4) If the corporation does not make a payment to a mill owner, the mill 3
owner may recover the amount as a debt from the corporation. 4
(5) The corporation may recover as a debt from a mill owner any excess 5
payments made to the mill owner. 6
for payment 7
Schemes
93.(1) Payment to mill owners for sugar vested in the corporation must 8
be calculated and made-- 9
(a) under payment schemes; and 10
(b) by reference to the raw sugar equivalent of sugar that each mill 11
owner delivers to the corporation that is the product of cane 12
harvested in each crushing season and manufactured in the year 13
of harvest and the next following year. 14
(2) The corporation may establish as many payment schemes on as 15
many bases as it considers appropriate, including, for example, schemes 16
based on producer pricing or early season sugar production. 17
(3) Also, the corporation may, as it considers appropriate, share out to 18
each payment scheme-- 19
(a) revenue received by the corporation; and 20
(b) the costs of the corporation's operations. 21
(4) Without limiting the power under subsection (3), the corporation may 22
share out costs of the corporation's operations over a particular period to a 23
future period. 24
(5) The corporation may amend a payment scheme. 25
(6) Before establishing or amending a payment scheme, the corporation 26
must consult with organisations representing mill owners and growers. 27
(7) The corporation may consider anything relevant in establishing a 28
payment scheme, including, for example, the following-- 29
(a) weight of sugar delivered by a mill owner to the corporation; 30
(b) quality of sugar delivered by a mill owner to the corporation; 31
s 94 71 s 94
Sugar Industry
(c) costs incurred by a mill owner in complying with directions 1
under section 94; 2
(d) anything else affecting the proceeds of sale by the corporation of 3
sugar delivered by a mill owner to the corporation. 4
(8) For a payment scheme to take effect, the corporation must give notice 5
of it to relevant mill owners and relevant mill suppliers' committees. 6
(9) Even though any part of the process of crushing cane and 7
manufacturing sugar happens at a mill other than the mill (the "agreement 8
mill") where the cane is to be crushed or sugar manufactured under the 9
conditions of the supply agreement for the cane, for the purposes of 10
payment to mill owners by the corporation, the process is taken to have 11
happened at the agreement mill. 12
(10) For penalty sugar-- 13
(a) subsection (1) does not apply; and 14
(b) the payments owing to a mill owner for penalty sugar are decided 15
under a regulation. 16
of brands of raw sugar 17
Production
94.(1) The object of this section is to facilitate the marketing of sugar 18
vested in the corporation. 19
(2) The corporation may make arrangements with a mill owner under 20
which the owner is to produce a particular brand of raw sugar in a particular 21
period or amount. 22
(3) Despite subsection (2), the corporation may give a direction to a mill 23
owner requiring the owner to produce a particular brand of raw sugar in a 24
particular period or amount. 25
(4) The following provisions apply to the direction-- 26
(a) the mill owner must comply with it; 27
(b) the corporation must pay to the mill owner the part of the amount 28
of the owner's costs in complying with it that is more than the 29
amount of the costs the owner would otherwise incur in 30
producing the industry standard brand of raw sugar; 31
(c) if a mill owner does not comply with it, the owner must pay to 32
s 95 72 s 95
Sugar Industry
the corporation the amount of any loss or damage suffered by the 1
corporation because of the failure. 2
(5) An amount payable under subsection (4)(b) or (c) may be recovered 3
as a debt. 4
(6) The dispute resolution process provided under a regulation must be 5
followed if a dispute arises in relation to costs incurred by a mill owner 6
because of the direction. 7
(7) In this section-- 8
"industry standard brand" of raw sugar is the brand of raw sugar stated 9
under a regulation. 10
about delivery etc. 11
Directions
95.(1) All sugar vested in the corporation under section 91(1) must be 12
delivered to the corporation as directed under subsection (2). 13
(2) The corporation may give directions it considers appropriate to mill 14
owners or growers about-- 15
(a) how sugar vested in it must be kept before it is supplied to the 16
corporation; or 17
(b) how sugar vested in it must be supplied to the corporation, 18
including-- 19
(i) times, places and way of supply; or 20
(ii) delivery to places or persons or other action that will be 21
treated as supply to the corporation; or 22
(c) the payment by the manufacturer of sugar of costs associated 23
with its supply to the corporation; or 24
(d) the conditions on which the corporation will accept sugar vested 25
in it; or 26
(e) information that must be given to the corporation by any person 27
concerned in the supply to, and acceptance by, the corporation of 28
sugar, and the form and way in which the information must be 29
given; or 30
(f) anything else for which directions are necessary to facilitate the 31
s 96 73 s 97
Sugar Industry
discharge by the corporation of its functions for sugar vested in it. 1
(3) A person who does not comply with a direction is liable for the 2
amount of any loss or damage suffered by the corporation because of the 3
failure. 4
(4) The amount may be recovered by the corporation as a debt. 5
(5) Subsection (3) does not limit the proceedings that may be taken 6
against anyone for a contravention of a direction. 7
quality standards 8
Sugar
96.(1) The corporation may make a standard about how sugar quality is 9
decided and affects amounts payable to a mill owner. 10
(2) The standard may-- 11
(a) apply generally to all persons and matters or be limited in its 12
application to-- 13
(i) particular persons or matters; or 14
(ii) particular classes of persons or matters; or 15
(b) apply generally or be limited in its application by reference to 16
stated exceptions or factors. 17
(3) The standard may include, for example-- 18
(a) specified quality criteria and tests for the criteria; and 19
(b) a financial incentive scheme of premiums, discounts and 20
allowances depending on sugar quality. 21
(4) For a standard to take effect, the corporation must give notice of it to 22
the mill owner and the relevant mill suppliers' committee. 23
(5) The corporation may notify the standard in a way it considers 24
appropriate, including, for example, in a way that preserves its commercial 25
confidentiality. 26
operating costs 27
Corporation's
97.(1) From the proceeds received by it from the sale of sugar vested in 28
it under section 91, the corporation must provide for-- 29
s 98 74 s 98
Sugar Industry
(a) all costs of the sale of the sugar; and 1
(b) all costs of the corporation in the discharge of its functions, 2
including the commissioner's budget and other amounts stated as 3
costs in the corporation's budget; and 4
(c) payments to accounts established under subsection (2). 5
(2) The corporation may keep in its accounts the provisions the 6
corporation considers appropriate to fund its operation or to provide for its 7
contingent or future liabilities. 8
(3) Without limiting subsection (2), the corporation may keep provisions 9
in its accounts for the sharing out of its costs for a particular period to a 10
future period. 11
of sugar for local consumption 12
Exemption
98.(1) A mill owner need not deliver to the corporation a quantity of 13
sugar manufactured at the mill ("exempt sugar") but may instead retain 14
exempt sugar for local consumption or sell exempt sugar to another mill 15
owner to be retained for local consumption. 16
(2) Exempt sugar-- 17
(a) must not be more than .25% of the total quantity of the sugar 18
vested in the corporation under section 91; and 19
(b) is divested from the corporation. 20
(3) Despite subsection (1), a mill owner (the "first owner") may arrange 21
with the owner of another mill to manufacture sugar at the other mill that is 22
to be all or part of the first owner's exempt sugar. 23
(4) Sugar mentioned in subsection (3) is to be treated under 24
subsection (1) as if it were manufactured at the first owner's mill. 25
(5) The corporation, by notice given to the mill owner, may impose 26
conditions on the retention or sale of exempt sugar, including, for example, 27
the way the total quantity of sugar vested in the corporation is to be 28
calculated for subsection (1). 29
(6) A mill owner may only sell exempt sugar-- 30
(a) to growers and workers connected with the mill; and 31
s 99 75 s 100
Sugar Industry
(b) in quantities not less than 15 kg at any one time; and 1
(c) on any conditions that may be imposed under subsection (5). 2
(7) A mill owner must give written notice to the corporation as required 3
by the corporation of an amount of exempt sugar sold by the owner. 4
Maximum penalty--40 penalty units. 5
(8) A mill owner who sells exempt sugar must keep at the mill, and 6
allow to be inspected at any time, on reasonable request to the owner by a 7
person authorised to do so by the corporation, a record of each sale, 8
including the quantity and the purchaser's name. 9
Maximum penalty for subsection (8)--40 penalty units. 10
CHAPTER 4--ADMINISTRATION 11
PART 1--MINISTER'S POWERS 12
may establish advisory bodies 13
Minister
99. The Minister may establish an advisory committee or other body to 14
help the Minister in the administration of this Act. 15
to Minister 16
Reports
100.(1) This section applies to the following entities-- 17
(a) the corporation; 18
(b) the commissioner; 19
(c) the BSES; 20
(d) a cane production board; 21
(e) a cane protection and productivity board. 22
(2) If the Minister asks, the entity must give the Minister a report about 23
anything specified by the Minister about the discharge by it of functions 24
s 101 76 s 102
Sugar Industry
under this Act or to its activities. 1
(3) If the Minister specifies a period of time within which a report is to 2
be given, the report must be given within the period. 3
(4) A regulation may provide for reports that a cane production board 4
must give to the Minister. 5
directions 6
Minister's
101.(1) This section applies to the following entities-- 7
(a) the corporation; 8
(b) the commissioner; 9
(c) the BSES; 10
(d) a cane production board; 11
(e) a cane protection and productivity board. 12
(2) The Minister may give written directions to the entity about the 13
discharge of its functions. 14
(3) The entity must comply with the directions. 15
(4) The Minister may give a direction only if the Minister-- 16
(a) is satisfied the direction is necessary to ensure the discharge by 17
the entity of its functions does not conflict with major 18
government policies; and 19
(b) has informed the entity in writing that a direction is under 20
consideration and given it an adequate opportunity to discuss with 21
the Minister the need for the direction. 22
(5) The Minister must cause a copy of the direction to be tabled in the 23
Legislative Assembly within 14 sitting days after giving the direction. 24
(6) This section does not apply to directions the Minister is authorised to 25
give about matters under another provision of this Act or any other Act. 26
directions in entities' annual report 27
Minister's
102.(1) This section applies to the following entities-- 28
s 103 77 s 104
Sugar Industry
(a) the corporation; 1
(b) the commissioner; 2
(c) the BSES; 3
(d) a cane protection and productivity board. 4
(2) The entity must include in each annual report prepared by it under the 5
Financial Administration and Audit Act 1977, section 46J,22 a report of any 6
direction given to it by the Minister during the financial year for which the 7
report is prepared. 8
PART 2--QUEENSLAND SUGAR CORPORATION 9
1--Constitution and membership 10
Division
of corporation 11
Establishment
103.(1) The Queensland Sugar Corporation is established. 12
(2) The corporation-- 13
(a) is a body corporate; and 14
(b) has a seal; and 15
(c) may sue and be sued in its corporate name. 16
notice of corporation's seal 17
Judicial
104. All courts and persons acting judicially are to take judicial notice of 18
the corporation's seal and are to presume the seal affixed to any document 19
to have been duly affixed until the contrary is proved. 20
22 Financial Administration and Audit Act 1977, section 46J (Annual report)
s 105 78 s 107
Sugar Industry
does not represent the State 1
Corporation
105.(1) The corporation does not represent the State. 2
(2) The corporation can not make the State liable for the debts and 3
obligations of the corporation or any other person other than when it is 4
authorised to do so by the State under any Act. 5
of corporation 6
Objectives
106. The principal objectives of the corporation are-- 7
(a) to act commercially in the marketing of raw sugar and in the 8
discharge of its functions generally; and 9
(b) to act competitively in the pricing of sugar or its raw sugar 10
equivalent sold to Australian customers; and 11
(c) to enhance the efficiency, competitiveness and access to markets 12
of the Queensland sugar industry; and 13
(d) to enhance the long term economy of the Queensland sugar 14
industry and the benefits flowing from it to cane growers and mill 15
owners; and 16
(e) to encourage initiative, innovation and value adding within the 17
Queensland sugar industry and downstream processing of its 18
sugar; and 19
(f) to take part in any form of trade and commerce anywhere in the 20
world, about either the products of the Queensland sugar industry 21
or of another sugar industry. 22
of directors 23
Board
107.(1) The corporation is governed by a board of directors. 24
(2) The board consists of 10 directors of whom-- 25
(a) 1 is to be the chief executive officer of the corporation, who is a 26
director without further appointment; and 27
(b) 9 are to be persons appointed by the Governor in Council, 1 of 28
whom is to be appointed as chairperson. 29
s 108 79 s 110
Sugar Industry
(3) Each appointed director of the corporation is to be appointed for a 1
term not longer than 3 years. 2
for appointment to board of directors 3
Qualifications
108. Of the appointed directors of the corporation-- 4
(a) the director who is to be appointed chairperson must have 5
extensive commercial experience relevant to the corporation's 6
objectives; and 7
(b) 3 directors must have experience in the production of cane; and 8
(c) 3 directors must have experience in the milling of cane; and 9
(d) 2 directors must have wide commercial experience. 10
of directors 11
Remuneration
109. Appointed directors of the corporation are to be paid by the 12
corporation the fees and allowances decided by the Governor in Council. 13
2--General provisions about the corporation 14
Division
for appointment 15
Disqualifications
110. A person is not qualified to be or to continue as an appointed 16
director if the person-- 17
(a) is an undischarged bankrupt or is taking advantage of the laws in 18
force for the time being relating to bankrupt or insolvent debtors; 19
or 20
(b) is convicted of an indictable offence, whether on indictment or 21
summarily; or 22
(c) becomes incapable of performing the duties of a director because 23
of physical or mental incapacity; or 24
s 111 80 s 112
Sugar Industry
(d) is not able to manage a corporation because of the Corporations 1
Law, section 229;23 or 2
(e) is named in the register held by the Australian Securities and 3
Investments Commission under the Corporations Law, 4
section 243.24 5
of office 6
Vacation
111.(1) The office of an appointed director becomes vacant if the 7
appointed director-- 8
(a) dies; or 9
(b) resigns office by notice given to the Minister; or 10
(c) is absent without the board's permission from 3 consecutive 11
meetings of the board of which due notice has been given; or 12
(d) is no longer qualified to be an appointed director; or 13
(e) is removed from office under section 110. 14
(2) In this section-- 15
"meeting" means the following-- 16
(a) if the director does not attend--a meeting with a quorum present; 17
(b) if the director attends--a meeting with or without a quorum 18
present. 19
of board of directors 20
Meetings
112.(1) The board of directors must meet as often as the chairperson 21
decides is necessary. 22
(2) The board may hold meetings, or allow directors to take part in 23
meetings, by using any technology allowing reasonably contemporaneous 24
and continuous communication between directors taking part in the 25
meeting. 26
23 Corporations Law, section 229 (Certain persons not to manage corporations)
24 Corporations Law, section 243 (Register of disqualified company directors and
other officers)
s 113 81 s 113
Sugar Industry
(3) A director who takes part in a meeting under subsection (2) is taken 1
to be present at the meeting. 2
(4) Despite subsection (2), the chairperson of the board or the chief 3
executive officer of the corporation may, in writing, refer a question 4
requiring consideration by the board to all the directors of the board. 5
(5) For subsection (4)-- 6
(a) a written decision of the directors is taken to be a decision of the 7
board of directors at a duly constituted meeting of the board; and 8
(b) a reference using any technology for transmission to directors is 9
adequate reference in writing; and 10
(c) a reply to a reference using any technology is an adequate written 11
decision. 12
(6) The quorum at a meeting is half the number of appointed directors 13
plus 1. 14
(7) The chairperson, or in the absence of the chairperson, a director 15
elected by directors present at a meeting, must preside at a meeting of the 16
board. 17
(8) All questions at a meeting must be decided by a majority of votes of 18
the directors present. 19
(9) The director presiding at a meeting is to have a vote, and if there is an 20
equality of votes, a second or casting vote. 21
(10) Subject to this Act, procedure at meetings of the board is to be 22
decided by the board. 23
interest in a matter to be considered by the board 24
Director's
113.(1) If a director has an interest in a matter being considered, or about 25
to be considered, by the board of directors, the director must disclose the 26
nature of the interest to a board meeting as soon as practicable after the 27
relevant facts come to the director's knowledge. 28
Maximum penalty--100 penalty units. 29
(2) The disclosure must be recorded in the minutes of the board meeting. 30
(3) If the interest is a material personal interest, the director must not-- 31
s 114 82 s 114
Sugar Industry
(a) vote on the matter; or 1
(b) vote on a proposed resolution (a "related resolution") under 2
subsection (4)(a) in relation to the matter (whether in relation to 3
the director or another director); or 4
(c) be present while the matter, or a related resolution, is being 5
considered by the board; or 6
(d) otherwise take part in a decision of the board in relation to the 7
matter or a related resolution. 8
Maximum penalty--100 penalty units. 9
(4) Subsection (3) does not apply to the matter if-- 10
(a) the board has at any time passed a resolution that states-- 11
(i) the director, interest and matter; and 12
(ii) that the directors voting for the resolution are satisfied that 13
the interest should not disqualify the director from 14
considering or voting on the matter; or 15
(b) the Minister has given a written direction to that effect for the 16
matter when a quorum of the board can not be formed because of 17
subsection (3). 18
(5) In this section-- 19
"interest", of a director relating to a matter for consideration at a meeting, 20
does not include-- 21
(a) for a director mentioned in section 108(b)--an interest the 22
director has in common with persons involved in the production 23
of cane in general; and 24
(b) for a director mentioned in section 108(c)--an interest the director 25
has in common with persons involved in the milling of cane in 26
general. 27
etc. by directors on Australian marketing matter 28
Voting
114.(1) This section applies if-- 29
(a) a matter before the corporation is an Australian marketing matter; 30
and 31
s 115 83 s 116
Sugar Industry
(b) a director at the meeting at which the matter is to be considered is 1
an industry participant. 2
(2) The director is taken to have a material personal interest in the matter. 3
(3) Section 113(4) does not apply to the matter. 4
(4) However, if, because of subsection (2), there are not enough directors 5
to form the quorum required under section 112(6),25 at least 2 appointed 6
directors who do not have a material personal interest in the matter form a 7
quorum for the meeting. 8
(5) In this section-- 9
"Australian marketing matter" means anything about innovation in 10
processing raw sugar or about the sale by the corporation of raw sugar 11
for consumption or processing in the Australian market. 12
on political activity 13
Prohibition
115. The board of directors must not-- 14
(a) use any of the corporation's funds for any purpose in connection 15
with the politics of any political party or any candidate for political 16
office; or 17
(b) become affiliated in any way with any body, association or 18
organisation that has as its object or any of its objects the support 19
of the politics, program or aims of any political party. 20
of director 21
Removal
116.(1) This section applies if the Governor in Council is satisfied that 22
the board has contravened section 115. 23
(2) The Governor in Council may remove a director of the board from 24
office by notice given to the director. 25
25 Section 112 (Meetings of board of directors)
s 117 84 s 118
Sugar Industry
Division 3--Corporation and officers--general functions, powers and 1
duties 2
of corporation 3
Functions
117. The corporation has the following functions-- 4
(a) to participate in the development and implementation of policy 5
relating to the marketing of raw sugar and related aspects of the 6
Queensland sugar industry; 7
(b) to manage the regulation of the quality of cane and raw sugar 8
produced in Queensland; 9
(c) to manage the acquisition of raw sugar produced in Queensland; 10
(d) to market raw sugar and to distribute the net proceeds to mill 11
owners; 12
(e) to promote the development of the Queensland sugar industry 13
and its products; 14
(f) to perform other functions given to it under this or another Act. 15
powers of corporation 16
General
118.(1) The corporation has all the powers of an individual and may, for 17
example-- 18
(a) enter into contracts; and 19
(b) acquire, hold, dispose of, and deal with, property; and 20
(c) appoint and act through agents and attorneys; and 21
(d) do anything else necessary or convenient to be done for its 22
functions. 23
(2) Without limiting subsection (1), the corporation has the powers given 24
to it under this Act or another Act. 25
(3) The corporation may exercise its powers inside or outside 26
Queensland. 27
(4) Without limiting subsection (1), the corporation may exercise its 28
powers outside Australia. 29
s 119 85 s 119
Sugar Industry
(5) Also, without limiting subsection (1), the corporation may-- 1
(a) purchase, sell, and participate in any form of trade or commerce 2
about, the products of the Queensland sugar industry or the sugar 3
industry elsewhere; and 4
(b) acquire, construct, fund, manage and maintain bulk sugar 5
terminals and other facilities for the processing, storage and 6
handling of the products of the Queensland sugar industry or the 7
sugar industry elsewhere; and 8
(c) use or provide the use of its terminals, facilities, or other property 9
for the processing, storage or handling of any product or for any 10
activity for commercial gain; and 11
(d) undertake or fund research into marketing of the products of the 12
Queensland sugar industry; and 13
(e) mediate in a dispute about the operation of a cane quality 14
program, if asked by the parties; and 15
(f) perform the role of pricing administrator under payment schemes 16
under section 9326 based on producer pricing; and 17
(g) appoint another entity to, or establish another entity with, the role 18
of pricing administrator mentioned in paragraph (f); and 19
(h) establish corporations in the performance of its functions. 20
(6) Subject to this Act, the corporation, in exercising its powers, must act 21
in a commercial way. 22
to consult industry 23
Corporation
119.(1) The corporation must give organisations representative of cane 24
growers and mill owners an opportunity to meet separately or otherwise 25
with representatives of the corporation to discuss matters affecting the 26
Queensland sugar industry. 27
(2) The corporation must do so-- 28
(a) regularly; and 29
26 Section 93 (Schemes for payment)
s 120 86 s 122
Sugar Industry
(b) whenever the Minister directs it to do so. 1
(3) The Minister may decide the organisations that generally, or in 2
relation to a particular meeting, must be regarded by the corporation as 3
representative of cane growers or mill owners. 4
executive officer and staff of corporation 5
Chief
120. The corporation-- 6
(a) must employ a chief executive officer; and 7
(b) may employ the persons, and engage the consultants and service 8
providers, that it considers necessary. 9
power to delegate 10
Corporation's
121. The corporation may, by board resolution, delegate its powers to-- 11
(a) the chairperson of the corporation's board; or 12
(b) an appropriately qualified member of a corporation committee; or 13
(c) an appropriately qualified corporation employee. 14
and liability of certain officers of corporation 15
Duty
122.(1) A corporation officer must act honestly in the exercise of 16
powers, and the performance of functions, as a corporation officer. 17
Maximum penalty-- 18
(a) if the contravention is committed with intent to deceive or defraud 19
the corporation, the corporation's creditors or creditors of another 20
person or for another fraudulent purpose--500 penalty units or 21
5 years imprisonment; or 22
(b) otherwise--100 penalty units. 23
(2) In the exercise of powers and the performance of functions, a 24
corporation officer must exercise the degree of care and diligence that a 25
reasonable person in a similar position within the corporation would 26
exercise. 27
Maximum penalty--100 penalty units. 28
s 122 87 s 122
Sugar Industry
(3) A person who is, or has been, a corporation officer must not make 1
improper use of information acquired because of the person's position as a 2
corporation officer to directly or indirectly-- 3
(a) gain an advantage for the person or for another person; or 4
(b) cause detriment to the corporation. 5
Maximum penalty--500 penalty units or 5 years imprisonment. 6
(4) A corporation officer must not make improper use of the officer's 7
position as a corporation officer to directly or indirectly-- 8
(a) gain an advantage for the officer or another person; or 9
(b) cause detriment to the corporation. 10
Maximum penalty--500 penalty units or 5 years imprisonment. 11
(5) If a person contravenes this section in relation to the corporation, the 12
corporation may recover from the person as a debt due to the corporation-- 13
(a) if the person or another person made a profit because of the 14
contravention--an amount equal to the profit; and 15
(b) if the corporation suffered loss or damage because of the 16
contravention--an amount equal to the loss or damage. 17
(6) An amount may be recovered from the person whether or not the 18
person has been convicted of an offence for the contravention. 19
(7) Subsection (6) does not limit the Crimes (Confiscation) Act 1989. 20
(8) For subsection (2), in deciding the degree of care and diligence that a 21
reasonable person in a similar position within the corporation would 22
exercise, regard must be had to-- 23
(a) the fact that the person is a corporation officer; and 24
(b) the application of this Act to the corporation; and 25
(c) relevant matters required or permitted to be done under this Act in 26
relation to the corporation including, for example, any relevant 27
directions, notifications or approvals given to the corporation by 28
the Minister. 29
(9) Subsection (8) does not limit the matters to which regard may be had 30
for subsection (2). 31
s 123 88 s 124
Sugar Industry
(10) In this section-- 1
"corporation officer" means-- 2
(a) a corporation director; or 3
(b) the chief executive officer; or 4
(c) another person who is concerned, or takes part, in the 5
corporation's management. 6
of various public sector Acts 7
Application
123.(1) The corporation is-- 8
(a) a statutory body under the Statutory Bodies Financial 9
Arrangements Act 1982 and the Financial Administration and 10
Audit Act 1977; and 11
(b) a unit of public administration under the Criminal Justice Act 12
1989. 13
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B27 14
states the way in which the corporation's powers under this Act are affected 15
by the Statutory Bodies Financial Arrangements Act 1982. 16
ART 3--BUREAU OF SUGAR EXPERIMENT 17
P
STATIONS 18
1--Constitution and membership 19
Division
of BSES 20
Establishment
124.(1) The Bureau of Sugar Experiment Stations is established. 21
(2) The BSES-- 22
27 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 125 89 s 128
Sugar Industry
(a) is a body corporate; and 1
(b) has a seal; and 2
(c) may sue and be sued in its corporate name. 3
notice of BSES's seal 4
Judicial
125. All courts and persons acting judicially are to take judicial notice of 5
the BSES's seal and are to presume the seal affixed to any document to 6
have been duly affixed until the contrary is proved. 7
of BSES 8
Objective
126. The objective of the BSES is to conduct research, development and 9
extension activities directed at enhancing the sustainable production of 10
commercial crops of cane and its products. 11
of directors 12
Board
127.(1) The BSES is governed by a board of directors. 13
(2) The board consists of 8 directors of whom-- 14
(a) 1 is to be the chief executive officer of the BSES, who is a 15
director without further appointment; and 16
(b) 7 are to be persons appointed by the Governor in Council, 1 of 17
whom is to be appointed as chairperson. 18
(3) Each appointed director is to be appointed for a term of 3 years. 19
for appointment to board of directors 20
Qualifications
128. Of the appointed directors of the BSES-- 21
(a) the director who is to be appointed chairperson must have 22
extensive commercial experience relevant to the BSES's 23
objectives; and 24
(b) 2 directors must have experience in the production of cane; and 25
(c) 2 directors must have experience in the milling of cane; and 26
s 129 90 s 130
Sugar Industry
(d) 1 director must have wide research, development or extension 1
experience; and 2
(e) 1 director must have wide commercial experience. 3
of directors 4
Remuneration
129. Appointed directors of the BSES are to be paid by the BSES the 5
fees and allowances decided by the Governor in Council. 6
2--General provisions about BSES 7
Division
for appointment 8
Disqualifications
130. A person is not qualified to be or to continue as an appointed 9
director if the person-- 10
(a) is an undischarged bankrupt or is taking advantage of the laws in 11
force for the time being relating to bankrupt or insolvent debtors; 12
or 13
(b) is convicted of an indictable offence, whether on indictment or 14
summarily; or 15
(c) becomes incapable of performing the duties of a director because 16
of physical or mental incapacity; or 17
(d) is not able to manage a corporation because of the Corporations 18
Law, section 229;28 or 19
(e) is named in the register held by the Australian Securities and 20
Investments Commission under the Corporations Law, 21
section 243.29 22
28 Corporations Law, section 229 (Certain persons not to manage corporations)
29 Corporations Law, section 243 (Register of disqualified company directors and
other officers)
s 131 91 s 132
Sugar Industry
of office 1
Vacation
131.(1) The office of an appointed director becomes vacant if the 2
appointed director-- 3
(a) dies; or 4
(b) resigns office by notice given to the Minister; or 5
(c) is absent without the board's permission from 3 consecutive 6
meetings of the board of which due notice has been given; or 7
(d) is no longer qualified to be an appointed director; or 8
(e) is removed from office under section 135. 9
(2) In this section-- 10
"meeting" means the following-- 11
(a) if the director does not attend--a meeting with a quorum present; 12
(b) if the director attends--a meeting with or without a quorum 13
present. 14
of the board of directors 15
Meetings
132.(1) The board of directors must meet as often as the chairperson 16
decides is necessary. 17
(2) The board may hold meetings, or allow directors to take part in 18
meetings, by using any technology allowing reasonably contemporaneous 19
and continuous communication between directors taking part in the 20
meeting. 21
(3) A director who takes part in a meeting under subsection (2) is taken 22
to be present at the meeting. 23
(4) Despite subsection (2), the chairperson of the board, or in the absence 24
of the chairperson any deputy of the chairperson, may, in writing, refer a 25
question requiring consideration by the board to all the directors of the 26
board. 27
(5) For subsection (4)-- 28
(a) a written decision of the directors is taken to be a decision of the 29
board of directors at a duly constituted meeting of the board; and 30
s 133 92 s 133
Sugar Industry
(b) a reference using any technology for transmission to directors is 1
adequate reference in writing; and 2
(c) a reply to a reference using any technology is an adequate written 3
decision. 4
(6) The quorum at a meeting is half the number of appointed directors 5
plus 1. 6
(7) The chairperson, or in the absence of the chairperson and any deputy 7
of the chairperson, a director elected by directors present at a meeting, must 8
preside at a meeting of the board. 9
(8) All questions at a meeting must be decided by a majority of votes of 10
the directors present. 11
(9) The director presiding at a meeting is to have a vote, and if there is an 12
equality of votes, a second or casting vote. 13
(10) Subject to this Act, procedure at meetings of the board is to be 14
decided by the board. 15
interest in a matter to be considered by the board 16
Director's
133.(1) If a director has an interest in a matter being considered, or about 17
to be considered, by the board of directors, the director must disclose the 18
nature of the interest to a meeting of the board as soon as practicable after 19
the relevant facts come to the director's knowledge. 20
Maximum penalty--100 penalty units. 21
(2) The disclosure must be recorded in the minutes of the board meeting. 22
(3) If the interest is a material personal interest, the director must not-- 23
(a) vote on the matter; or 24
(b) vote on a proposed resolution (a "related resolution") under 25
subsection (4)(a) in relation to the matter (whether in relation to 26
the director or another director); or 27
(c) be present while the matter, or a related resolution, is being 28
considered by the board; or 29
s 134 93 s 135
Sugar Industry
(d) otherwise take part in any decision of the board in relation to the 1
matter or a related resolution. 2
Maximum penalty--100 penalty units. 3
(4) Subsection (3) does not apply to the matter if-- 4
(a) the board has at any time passed a resolution that states-- 5
(i) the director, interest and matter; and 6
(ii) that the directors voting for the resolution are satisfied that 7
the interest should not disqualify the director from 8
considering or voting on the matter; or 9
(b) if a quorum of the board can not be formed because of 10
subsection (3)--the Minister has given a written direction to that 11
effect for the matter. 12
(5) In this section-- 13
"interest", of a director relating to a matter for consideration at a meeting, 14
does not include-- 15
(a) if a director is a grower--an interest the director has in common 16
with growers in general; and 17
(b) if a director is a mill owner--an interest the director has in 18
common with mill owners in general. 19
on political activity 20
Prohibition
134. The BSES must not-- 21
(a) use any of its funds for any purpose in connection with the 22
politics of any political party or any candidate for political office; 23
or 24
(b) become affiliated in any way with any body, association or 25
organisation that has as its object or any of its objects the support 26
of the politics, program or aims of any political party. 27
of director 28
Removal
135.(1) This section applies if the Governor in Council is satisfied that 29
s 136 94 s 136
Sugar Industry
the board has contravened section 134. 1
(2) The Governor in Council may remove a director of the board from 2
office by notice given to the director. 3
3--BSES and officers--general functions, powers and duties 4
Division
unctions of BSES 5
F
136. The BSES has the following functions-- 6
(a) to participate in investigating and evaluating the requirements for 7
research relating to the growing of cane in Queensland; 8
(b) under the Plant Protection Act 1989, to prevent, control and 9
eradicate pest infestation of cane; 10
(c) to conduct, arrange for, or fund, research and extension about any 11
matter related to the breeding, production, harvesting, transport or 12
processing of cane and related activities; 13
(d) to develop, or help to develop, methods of sustainable production 14
of cane and related activities; 15
(e) to develop cane analysis standards; 16
(f) to help the commissioner in implementing cane analysis 17
programs; 18
(g) to monitor and improve the quality of cane and cane products; 19
(h) to provide a service for the checking and certification of the 20
accuracy of laboratory equipment used in deciding the relative 21
quality of sugar for the purposes of payments made under this 22
Act; 23
(i) to provide advice on the ability of land to sustain cane crops; 24
(j) to help in keeping to a minimum any damage to natural resources 25
and the environment that may be caused by the activities of the 26
Queensland sugar industry; 27
(k) to commercially exploit the products of its research development 28
and extension activities; 29
s 137 95 s 139
Sugar Industry
(l) to collaborate with other research providers, cane protection and 1
productivity boards and industry in the coordination of local 2
research, development and extension; 3
(m) to take all action within the powers conferred on it by this Act or 4
another Act that may be necessary to achieve its objectives; 5
(n) to perform other functions given to it under this or another Act. 6
powers of BSES 7
General
137.(1) The BSES has all the powers of an individual and may, for 8
example-- 9
(a) enter into contracts; and 10
(b) acquire, hold, dispose of, and deal with, property; and 11
(c) appoint and act through agents and attorneys; and 12
(d) do anything else necessary or convenient to be done for its 13
functions. 14
(2) Without limiting subsection (1), the BSES has the powers given to it 15
under this Act or another Act. 16
(3) The BSES may exercise its powers inside or, if the interests of the 17
Queensland sugar industry require it to do so, outside Queensland. 18
(4) Without limiting subsection (1), the BSES may exercise its powers 19
outside Australia, if the interests of the Queensland sugar industry require it 20
to do so. 21
power to delegate 22
BSES's
138. The BSES may, by board resolution, delegate its powers to-- 23
(a) a director; or 24
(b) an appropriately qualified member of the BSES's staff. 25
of various public sector Acts 26
Application
139.(1) The BSES is-- 27
s 140 96 s 141
Sugar Industry
(a) a statutory body under the Statutory Bodies Financial 1
Arrangements Act 1982 and the Financial Administration and 2
Audit Act 1977; and 3
(b) a unit of public administration under the Criminal Justice 4
Act 1989. 5
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B30 6
states the way in which the BSES's powers under this Act are affected by 7
the Statutory Bodies Financial Arrangements Act 1982. 8
4--Funding 9
Division
executive officer and staff of BSES 10
Chief
140. The BSES-- 11
(a) must employ a chief executive officer; and 12
(b) may employ the persons, and engage the consultants, service 13
providers and inspectors, that it considers necessary. 14
may levy a charge payable to BSES 15
Regulation
141.(1) A regulation may levy a charge payable to the BSES on cane 16
growers and mill owners in relation to cane growing, harvesting, supply 17
and processing. 18
(2) A regulation may also prescribe-- 19
(a) the basis on which the charge will be made; and 20
(b) the time and way of payment of the charge; and 21
(c) any other matters necessary to enforce the charge, including by 22
requiring a mill owner to collect the charge from, or pay the 23
charge on behalf of, a grower. 24
(3) The amount of a charge must be no greater than is necessary to fund 25
services to the Queensland sugar industry provided by the BSES, including 26
30 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 142 97 s 143
Sugar Industry
by making provision for the costs associated with its continued provision of 1
those services. 2
(4) If an amount of a charge is not paid by a grower or mill owner, the 3
BSES may recover the amount as a debt from the grower or mill owner. 4
(5) If a mill owner pays to the BSES an amount of a charge levied on a 5
grower, the mill owner may recover the amount as a debt from the grower. 6
(6) For subsection (5), the owner may deduct the amount from an 7
amount due by the owner to the grower and may recover an unpaid portion 8
of the amount by action against the grower. 9
PART 4--CANE PRODUCTION BOARDS 10
1--Establishment and membership 11
Division
of a cane production board 12
Establishment
142.(1) The Minister may establish a cane production board. 13
(2) A cane production board may be established for 1 mill or for more 14
than 1 mill if a single negotiating team is established for the mills. 15
of a cane production board 16
Objectives
143. The principal objectives of a cane production board established for a 17
mill are-- 18
(a) to ensure the efficient participation by growers supplying cane to 19
the mill and the mill owner in the scheme established under this 20
Act; and 21
(b) to enhance the benefits to the growers and mill owner from cane 22
production and milling; and 23
(c) to help the sustainable production of cane on land included in cane 24
production areas relating to the mill. 25
s 144 98 s 146
Sugar Industry
and powers of a cane production board 1
Functions
144.(1) A cane production board established for a mill has the following 2
functions-- 3
(a) to administer the granting, transfer, cancellation or variation of 4
cane production areas relating to the mill and other matters 5
relating to the cane production areas; 6
(b) to implement the decisions of the negotiating team established for 7
the mill about expansion in cane production areas relating to the 8
mill; 9
(c) to administer the processes relating to moving cane supply 10
between mills, including the consent process, horizontal 11
expansion process and productivity increase process; 12
(d) to make guidelines about land use, the environment and transport 13
applying in relation to applications for grants of cane production 14
areas or increases in the number of hectares included in cane 15
production areas relating to the mill; 16
(e) to make guidelines about anything relevant to cane growing on 17
land included in cane production areas relating to the mill; 18
(f) to perform other functions given to it under this or another Act. 19
(2) A cane production board may do anything necessary or convenient to 20
be done for its functions. 21
to engage assistance 22
Power
145. A cane production board may employ the persons, and engage the 23
consultants and service providers it considers necessary. 24
of a cane production board 25
Membership
146.(1) A cane production board is to consist of 5 members appointed 26
by the Minister, of whom-- 27
(a) 1 is to be appointed chairperson; and 28
(b) 2 are to be appointed on being nominated by the owner or owners 29
of the mill or mills for which the cane production board is 30
s 147 99 s 148
Sugar Industry
established; and 1
(c) 2 are to be appointed on being nominated by the mill suppliers' 2
committee or committees established for the mill or mills 3
mentioned in paragraph (b). 4
(2) The chairperson must be a person whom the Minister is satisfied will 5
act independently in the discharge of the chairperson's functions. 6
(3) A member of a cane production board is to be appointed for a term 7
not longer than 3 years. 8
appointments 9
Acting
147. A person who is not a member of a cane production board may be 10
appointed to act as a member for any meeting of the board by the entity that 11
nominated the member for appointment.31 12
of members 13
Remuneration
148.(1) The chairperson of a cane production board is to be paid the fees 14
and allowances decided by the Minister. 15
(2) Payment is to be made jointly by-- 16
(a) the owner or owners of the mill or mills for which the board is 17
established; and 18
(b) the mill suppliers' committee or committees established for the 19
mills. 20
(3) A member of a cane production board appointed on the nomination 21
of a mill owner is to be paid by the mill owner the fees and allowances that 22
are decided by the mill owner. 23
(4) A member of a cane production board appointed on the nomination 24
of a mill suppliers' committee is to be paid by the committee the fees and 25
allowances that are decided by the committee. 26
(5) The State is not liable to pay to a member of a cane production board 27
fees and allowances for service as a member. 28
31 The Acts Interpretation Act 1954, section 24B contains provisions about acting
appointments.
s 149 100 s 150
Sugar Industry
Division 2--General provisions about cane production boards 1
for appointment 2
Disqualifications
149. A person is not qualified to be or to continue as a member of a cane 3
production board if the person-- 4
(a) is an undischarged bankrupt or is taking advantage of the laws in 5
force for the time being relating to bankrupt or insolvent debtors; 6
or 7
(b) is convicted of an indictable offence, whether on indictment or 8
summarily; or 9
(c) becomes incapable of performing the duties of a member because 10
of physical or mental incapacity; or 11
(d) is not able to manage a corporation because of the Corporations 12
Law, section 229;32 or 13
(e) is named in the register held by the Australian Securities and 14
Investments Commission under the Corporations Law, 15
section 243.33 16
of office 17
Vacation
150.(1) The office of a member of a cane production board becomes 18
vacant if the member-- 19
(a) dies; or 20
(b) resigns office by notice given to the Minister; or 21
(c) is absent without the board's permission from 3 consecutive 22
meetings of the board of which due notice has been given; or 23
(d) is no longer qualified to be a member. 24
(2) In this section-- 25
"meeting" means the following-- 26
32 Corporations Law, section 229 (Certain persons not to manage corporations)
33 Corporations Law, section 243 (Register of disqualified company directors and
other officers)
s 151 101 s 151
Sugar Industry
(a) if the member does not attend--with a quorum present; 1
(b) if the member attends--with or without a quorum present. 2
of a cane production board 3
Meetings
151.(1) A cane production board must meet as often as its chairperson 4
decides is necessary. 5
(2) A board may hold meetings, or allow members to take part in 6
meetings, using any technology allowing reasonably contemporaneous and 7
continuous communication between members taking part in the meeting. 8
(3) A member who takes part in a meeting under subsection (2) is taken 9
to be present at the meeting. 10
(4) Despite subsection (2), the chairperson of a board may, in writing, 11
refer a question requiring consideration by the board to all the board's 12
members. 13
(5) For subsection (4)-- 14
(a) a written decision of the members is taken to be a decision of the 15
members at a duly constituted meeting of the board; and 16
(b) a reference using any technology for transmission to members is 17
adequate reference in writing; and 18
(c) a reply to a reference using any technology is an adequate written 19
decision. 20
(6) The quorum at a meeting must include at least-- 21
(a) 1 member nominated by mill owners; and 22
(b) 1 member nominated by mill suppliers' committees. 23
(7) The chairperson, or in the absence of the chairperson and any deputy 24
of the chairperson, a member elected by members present at a meeting, 25
must preside at a board meeting. 26
(8) All questions at a board meeting are to be decided by a majority of 27
votes of the members present. 28
(9) Subject to this Act, procedure at board meetings is to be decided by 29
the board. 30
s 152 102 s 152
Sugar Industry
interest in a matter to be considered by a board 1
Member's
152.(1) If a member of a cane production board has an interest in a 2
matter being considered, or about to be considered, by the board, the 3
member must disclose the nature of the interest to a meeting of the board as 4
soon as practicable after the relevant facts come to the member's 5
knowledge. 6
Maximum penalty--100 penalty units. 7
(2) The disclosure must be recorded in the minutes of the meeting of the 8
board. 9
(3) If the interest is a material personal interest, the member must not-- 10
(a) vote on the matter; or 11
(b) vote on a proposed resolution (a "related resolution") under 12
subsection (4)(a) about the matter (whether in relation to the 13
member or another member); or 14
(c) be present while the matter, or a related resolution, is being 15
considered by the board; or 16
(d) otherwise take part in any decision of the board in relation to the 17
matter or a related resolution. 18
Maximum penalty--100 penalty units. 19
(4) Subsection (3) does not apply to the matter if-- 20
(a) the board has at any time passed a resolution that states-- 21
(i) the member, interest and matter; and 22
(ii) that the members voting for the resolution are satisfied that 23
the interest should not disqualify the member from 24
considering or voting on the matter; or 25
(b) if a quorum of the board can not be formed because of 26
subsection (3)--the Minister has given a written direction to that 27
effect for the matter. 28
(5) In this section-- 29
"interest", of a member relating to a matter for consideration at a meeting, 30
does not include-- 31
(a) if a member is a grower--an interest the member has in common 32
s 153 103 s 155
Sugar Industry
with growers in general; and 1
(b) if a member is a mill owner--an interest the member has in 2
common with mill owners in general. 3
costs 4
Administrative
153. The administrative costs of a cane production board are to be paid 5
by the mill owners and the mill suppliers' committees-- 6
(a) in the proportions agreed to by them; or 7
(b) if there is no agreement, in equal amounts. 8
and professional costs 9
Legal
154. A cane production board may only incur legal or other professional 10
costs if the majority of its members mentioned in section 146(1)(b) and (c) 11
agree. 12
Division 3--Amalgamation of cane production boards 13
14
Amalgamation
155.(1) The Minister may amalgamate cane production boards 15
established for more than 1 mill if a single negotiating team is established 16
for the mills. 17
(2) From the day on which the Minister first appoints all of the members 18
of the new cane production board after the amalgamation-- 19
(a) each of the existing cane production boards are abolished (an 20
"abolished board") and the members go out of office; and 21
(b) a single cane production board is established for the mills for 22
which the abolished boards were established (the "new board"). 23
(3) For any term of office of all of the members of the new board, the 24
Minister may decide that the number of its members to be appointed on the 25
nomination of the mill owner or mill owners concerned and the mill 26
suppliers' committee or committees concerned is to be greater than 4. 27
s 156 104 s 156
Sugar Industry
(4) A decision under subsection (3) is to provide for an equal number of 1
members to be appointed on the nomination of the mill owner or mill 2
owners concerned and on the nomination of the mill suppliers' committee 3
or committees concerned. 4
(5) Other than the extent necessary to take into account the increase in 5
membership, the provisions of division 1 about the appointment of 6
members apply. 7
effects of amalgamation 8
Other
156.(1) This section applies from the establishment of the new board. 9
(2) All assets and rights of an abolished board immediately before the 10
establishment of the new board become the assets and rights of the new 11
board. 12
(3) All liabilities and obligations of an abolished board immediately 13
before the establishment of the new board become the liabilities and 14
obligations of the new board. 15
(4) A proceeding that, if an abolished board were not abolished, might 16
have been continued or taken by or against the abolished board, may be 17
continued or taken by or against the new board. 18
(5) All matters started by an abolished board before the date on which the 19
new board is established may be completed by the new board. 20
(6) A reference to an abolished board in an Act or document existing 21
before the establishment of the new board has effect as if it were a reference 22
to the new board, if the context permits. 23
(7) Persons employed or engaged by an abolished board are taken to be 24
employed or engaged by the new board on the same terms and conditions 25
as before. 26
(8) The new board must take all necessary action to replace the registers 27
kept under section 157 by the abolished boards with a single register 28
recording each cane production area relating to each mill for which the new 29
board is established. 30
(9) The negotiating team mentioned in section 155(1) must take all 31
necessary action-- 32
s 157 105 s 157
Sugar Industry
(a) under section 82,34 to replace the cane analysis programs 1
applying to the mills for which the abolished boards were 2
established with a single cane analysis program for the mills; and 3
(b) under section 85,35 to replace the cane quality programs made for 4
the mills for which the abolished boards were established with a 5
single cane quality program for the mills. 6
Division 4--Cane production board register 7
production board to keep cane production area register 8
Cane
157.(1) A cane production board must keep a register recording each 9
cane production area that relates to the mill for which it is established. 10
(2) The register must record the following information about the cane 11
production area-- 12
(a) the name of the holder and an address for service; 13
(b) the description of the land included in it; 14
(c) the number of hectares included in it; 15
(d) any conditions to which it is subject; 16
(e) grants, variations and cancellations of cane production areas; 17
(f) any other information required under a regulation. 18
(3) The cane production board may also record in the register the 19
existence of the interests of mortgagees, lessors or sublessors of land 20
included in cane production areas. 21
(4) The register must be kept in a form and way so that the information 22
required to be registered may be inspected at the principal office of the 23
board during the ordinary working hours of the office. 24
(5) A person may inspect an entry in the register on payment to the board 25
of a reasonable fee decided by the board. 26
34 Section 82 (Approval process for program)
35 Section 85 (Requirement to have can quality program)
s 158 106 s 160
Sugar Industry
(6) A regulation may provide for information that must be notified to a 1
cane production board for registration, for the procedure for notification and 2
for registration of notified information. 3
(7) An entry of information in the register is adequate notice of the 4
information to all persons who subsequently have dealings in relation to the 5
entitlement or land to which the information relates. 6
(8) This section is subject to section 244.36 7
ART 5--CANE PROTECTION AND 8
P
PRODUCTIVITY BOARDS 9
1--Constitution and membership 10
Division
of productivity area and cane protection and 11
Establishment
productivity board 12
158. A regulation may establish a productivity area and a cane protection 13
and productivity board for a productivity area. 14
protection and productivity board 15
Cane
159. A cane protection and productivity board-- 16
(a) is a body corporate; and 17
(b) has a seal; and 18
(c) may sue and be sued in its corporate name. 19
notice of a cane protection and productivity board's seal 20
Judicial
160. All courts and persons acting judicially are to take judicial notice of 21
the common seal of a cane protection and productivity board and are to 22
36 Section 244 (Sugar Cane Assignment Register becomes the commissioner's
register)
s 161 107 s 162
Sugar Industry
presume the common seal affixed to any document to have been duly 1
affixed until the contrary is proved. 2
of a cane protection and productivity board 3
Objective
161. The objective of a cane protection and productivity board is to 4
enhance the productivity of the sugar industry by increasing the quantity and 5
improving the quality of cane produced by crops grown in its area. 6
of a cane protection and productivity board 7
Membership
162.(1) A cane protection and productivity board is to consist of 8
6 members, of whom-- 9
(a) 3 are to be representatives of growers elected by the growers of 10
the productivity area in a poll conducted under the BSES's 11
directions; and 12
(b) 2 are to be representatives of mill owners nominated under the 13
BSES's directions by the owners of the mills in the productivity 14
area; and 15
(c) 1 is to be an officer of the BSES nominated by the BSES. 16
(2) However, if the Minister is satisfied on petition by growers and 17
owners of mills in the area that at least a majority of them wish to-- 18
(a) vary the number of their representatives; or 19
(b) vary the representation of organisations on the cane protection and 20
productivity board so as to include representatives of an 21
organisation nominated in the petition; 22
the Minister is to vary in writing the membership as requested. 23
(3) Appointed members of a cane protection and productivity board are 24
to be appointed by the Minister in writing. 25
(4) An appointed member is to be appointed for a period not longer than 26
3 years. 27
(5) If a growers' representative is not able to be elected under 28
subsection (1)(a) because insufficient nominations are received for the poll, 29
the Minister may appoint anyone to be the growers' representative. 30
s 163 108 s 164
Sugar Industry
(6) If mill owners fail to nominate any representative for 1
subsection (1)(b), the Minister may appoint anyone to be the representative 2
of the mill owners on the cane protection and productivity board. 3
(7) The members of a cane protection and productivity board may elect a 4
member as chairperson at any time. 5
(8) In this section-- 6
"appointed member" means a member of the board other than the 7
member mentioned in subsection (1)(c). 8
"productivity area" means the productivity area for which a cane 9
protection and productivity board is established. 10
appointments 11
Acting
163. A person who is not a member of a cane protection and productivity 12
board may be appointed under the BSES's directions to act as a member 13
for any meeting of the board by-- 14
(a) if the member was elected under section 162(1)(a)--the mill 15
suppliers' committees for the mills in the area for which the 16
board is established; or 17
(b) if the member was nominated under section 162(1)(b) or (c)--the 18
entity that nominated the member for appointment.37 19
of members 20
Remuneration
164. A member of a cane protection and productivity board is to be paid 21
by the board the fees and allowances decided by the Minister. 22
37 The Acts Interpretation Act 1954, section 24B contains provisions about acting
appointments.
s 165 109 s 166
Sugar Industry
Division 2--General provisions about cane protection and productivity 1
boards 2
for appointment 3
Disqualifications
165. A person is not qualified to be or to continue as a member of a cane 4
protection and productivity board if the person-- 5
(a) is an undischarged bankrupt or is taking advantage of the laws in 6
force for the time being relating to bankrupt or insolvent debtors; 7
or 8
(b) is convicted of an indictable offence, whether on indictment or 9
summarily; or 10
(c) becomes incapable of performing the duties of a member because 11
of physical or mental incapacity; or 12
(d) is not able to manage a corporation because of the Corporations 13
Law, section 229;38 or 14
(e) is named in the register held by the Australian Securities and 15
Investments Commission under the Corporations Law, 16
section 243.39 17
of office 18
Vacation
166.(1) The office of a member of a cane protection and productivity 19
board becomes vacant if the appointed member-- 20
(a) dies; or 21
(b) resigns office by notice given to the Minister; or 22
(c) is absent without the board's permission from 3 consecutive 23
board meetings of which due notice has been given; or 24
(d) is no longer qualified to be a member; or 25
(e) is removed from office under section 170. 26
38 Corporations Law, section 229 (Certain persons not to manage corporations)
39 Corporations Law, section 243 (Register of disqualified company directors and
other officers)
s 167 110 s 167
Sugar Industry
(2) In this section-- 1
"meeting" means the following-- 2
(a) if the member does not attend--a meeting with a quorum present; 3
(b) if the member attends--a meeting with or without a quorum 4
present. 5
of a cane protection and productivity board 6
Meetings
167.(1) A cane protection and productivity board must meet as often as 7
its chairperson decides is necessary. 8
(2) A board may hold meetings, or allow members to take part in 9
meetings, using any technology allowing reasonably contemporaneous and 10
continuous communication between members taking part in the meeting. 11
(3) A member who takes part in a meeting under subsection (2) is taken 12
to be present at the meeting. 13
(4) Despite subsection (2), the chairperson of a board may, in writing, 14
refer a question requiring consideration by the board to all the members of 15
the board. 16
(5) For subsection (4)-- 17
(a) a written decision of the members is taken to be a decision of the 18
members at a duly constituted meeting of the board; and 19
(b) a reference using any technology for transmission to members is 20
adequate reference in writing; and 21
(c) a reply to a reference using any technology is an adequate written 22
decision. 23
(6) The quorum at a meeting is half the number of members of the board 24
plus 1. 25
(7) The chairperson, or in the absence of the chairperson, a member 26
elected by members present at a meeting, must preside at a board meeting. 27
(8) All questions at a meeting must be decided by a majority of votes of 28
the members present. 29
(9) The member presiding at a meeting is to have a vote, and if there is 30
an equality of votes, a second or casting vote. 31
s 168 111 s 168
Sugar Industry
(10) Subject to this Act, procedure at meetings of a cane protection and 1
productivity board is to be decided by the board. 2
interest in a matter to be considered by the board 3
Member's
168.(1) If a member of a cane protection and productivity board has an 4
interest in a matter being considered, or about to be considered, by the 5
board, the member must disclose the nature of the interest to a meeting of 6
the board as soon as practicable after the relevant facts come to the 7
member's knowledge. 8
Maximum penalty--100 penalty units. 9
(2) The disclosure must be recorded in the minutes of the meeting of the 10
board. 11
(3) If the interest is a material personal interest, the member must not-- 12
(a) vote on the matter; or 13
(b) vote on a proposed resolution (a "related resolution") under 14
subsection (4)(a) in relation to the matter (whether in relation to 15
the member or another member); or 16
(c) be present while the matter, or a related resolution, is being 17
considered by the board; or 18
(d) otherwise take part in a decision of the board in relation to the 19
matter or a related resolution. 20
Maximum penalty--100 penalty units. 21
(4) Subsection (3) does not apply to the matter if-- 22
(a) the board has at any time passed a resolution that states-- 23
(i) the member, interest and matter; and 24
(ii) that the members voting for the resolution are satisfied that 25
the interest should not disqualify the member from 26
considering or voting on the matter; or 27
(b) if a quorum of the board can not be formed because of 28
subsection (3)--the Minister has given a written direction to that 29
effect for the matter. 30
(5) In this section-- 31
s 169 112 s 171
Sugar Industry
"interest", of a member relating to a matter for consideration at a meeting, 1
does not include-- 2
(a) if a member is a grower--an interest the member has in common 3
with growers in general; and 4
(b) if a member is a mill owner--an interest the member has in 5
common with mill owners in general. 6
on political activity 7
Prohibition
169. A cane protection and productivity board must not-- 8
(a) use any of its funds for any purpose in connection with the 9
politics of any political party or any candidate for political office; 10
or 11
(b) become affiliated in any way with any body, association or 12
organisation that has as its object or any of its objects the support 13
of the politics, program or aims of any political party. 14
of member 15
Removal
170.(1) This section applies if the Minister is satisfied that a cane 16
protection and productivity board has contravened section 169. 17
(2) The Minister may remove a member of the board from office by 18
notice given to the member. 19
3--Cane protection and productivity board's functions, powers 20
Division
and duties 21
of a cane protection and productivity board 22
Functions
171. A cane protection and productivity board has the following 23
functions-- 24
(a) to provide suitable advice and help to cane growers within its area 25
about-- 26
(i) the prevention, control and eradication of pest infestation of 27
cane or any other matter or thing that adversely affects the 28
s 172 113 s 173
Sugar Industry
quantity or quality of crops of cane; or 1
(ii) the production and harvesting of cane; 2
(b) to help, and cooperate with, entities involved in preventing, 3
controlling and eradicating pests in cane; 4
(c) to help, and cooperate with, entities involved in researching the 5
production, harvesting, transport and processing of cane, 6
including the BSES; 7
(d) to provide advice and information about the preservation and 8
enhancement of the capacity of land to sustain crops of cane; 9
(e) to help minimise any damage to the environment that may be 10
caused by activities of the sugar industry within its area; 11
(f) to take all action within the powers conferred on it by this or 12
another Act that may be necessary to achieve its objectives. 13
powers of a cane protection and productivity board 14
General
172.(1) A cane production and productivity board has all the powers of 15
an individual and may, for example-- 16
(a) enter into contracts; and 17
(b) acquire, hold, dispose of, and deal with, property; and 18
(c) appoint and act through agents and attorneys; and 19
(d) do anything else necessary or convenient to be done for its 20
functions. 21
(2) Without limiting subsection (1), the board has the powers given to it 22
under this Act or another Act. 23
to engage assistance 24
Power
173. A cane protection and productivity board may employ the persons, 25
and engage the consultants and service providers, that it considers 26
necessary. 27
s 174 114 s 175
Sugar Industry
of various public sector Acts 1
Application
174.(1) A cane protection and productivity board is-- 2
(a) a statutory body under the Statutory Bodies Financial 3
Arrangements Act 1982 and the Financial Administration and 4
Audit Act 1977; and 5
(b) a unit of public administration under the Criminal Justice Act 6
1989. 7
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B40 8
states the way in which a cane protection and productivity board's powers 9
under this Act are affected by the Statutory Bodies Financial Arrangements 10
Act 1982. 11
may levy a charge payable to a board 12
Regulation
175.(1) A regulation may levy a charge payable to a cane production and 13
productivity board on cane growers and mill owners in relation to cane 14
growing, harvesting, supply and processing. 15
(2) A regulation may also prescribe-- 16
(a) the basis on which the charge will be made; and 17
(b) the time and way of payment of the charge; and 18
(c) any other matters necessary to enforce the charge, including by 19
requiring a mill owner to collect the charge from, or pay the 20
charge on behalf of, a grower. 21
(3) The amount of a charge must be no greater than is necessary to fund 22
services to the Queensland sugar industry provided by the board, including 23
by making provision for the costs associated with its continued provision of 24
those services. 25
(4) If an amount of a charge is not paid by a grower or mill owner, the 26
board may recover the amount as a debt from the grower or mill owner. 27
(5) If a mill owner pays to the board an amount of a charge levied on a 28
grower, the mill owner may recover the amount as a debt from the grower. 29
40 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 176 115 s 178
Sugar Industry
(6) For subsection (5), the owner may deduct the amount from an 1
amount due by the owner to the grower and may recover an unpaid portion 2
of the amount by action against the grower. 3
Division 4--Dissolution of cane protection and productivity boards 4
5
Dissolution
176. A regulation may dissolve a cane protection and productivity board 6
on a stated date. 7
cane protection and productivity board to take place of 8
Another
dissolved cane protection and productivity board 9
177.(1) A regulation may provide that, on the date when a cane 10
protection and productivity board (the "old board") is dissolved-- 11
(a) all assets and rights of the old board immediately before that date 12
become the assets and rights of another stated cane protection and 13
productivity board (the "new board"); and 14
(b) all liabilities and obligations of the old board immediately before 15
that date become the liabilities and obligations of the new board. 16
(2) A proceeding that, if the old board were not dissolved, might have 17
been continued or taken by or against the old board on and from the date it 18
is dissolved, may be continued or taken by or against the new board. 19
(3) All matters started by an old board before the date on which it is 20
dissolved may be completed by the new board after that date. 21
(4) A reference to an old board in an Act or document existing before the 22
date on which it is dissolved, on and from that date has effect as if it were a 23
reference to the new board, if the context permits. 24
to registers 25
Change
178. The registrar of titles and all other persons charged with keeping any 26
register for dealings with property must make in the register all 27
endorsements necessary to record the vesting of property in a cane 28
s 179 116 s 181
Sugar Industry
protection and productivity board under a regulation made under this 1
division. 2
PART 6--NEGOTIATING TEAMS 3
Division 1--Establishment of negotiating team 4
5
Establishment
179.(1) A negotiating team is established for each mill. 6
(2) Adjacent mills may have a single negotiating team established for 7
them by the joint appointment of members under section 180(2) by the mill 8
owners and mill suppliers' committees. 9
10
Membership
180.(1) The negotiating team for a mill, or 2 or more adjacent mills, 11
consists of 4 members. 12
(2) Two of the members are to be appointed by the mill owner, or jointly 13
by the mill owners, and 2 are to be appointed by the mill suppliers' 14
committee, or jointly by the mill suppliers' committees. 15
(3) Additional members may be appointed under an agreement between 16
the mill owner or owners and the mill suppliers' committee or committees. 17
(4) Before 1 January in each year and as necessary throughout the year, 18
the owner of the mill or mills and mill suppliers' committee or committees 19
must tell each other the names of their members on the negotiating team for 20
the year. 21
appointments 22
Acting
181. A person who is not a member of a negotiating team may be 23
s 182 117 s 183
Sugar Industry
appointed to act as a member for any meeting of the team by the entity, or 1
jointly by the entities, that nominated the member for appointment.41 2
of a negotiating team 3
Objective
182. The objective of a negotiating team is to help growers and the owner 4
of the mill for which it is established to jointly improve profitability. 5
Division 2--Functions and powers 6
unctions and powers 7
F
183.(1) A negotiating team established for a mill or mills has the 8
following functions-- 9
(a) to make a collective agreement for the mill or mills; 10
(b) to decide all matters about expansion of the total number of 11
hectares included in cane production areas relating to the mill or 12
mills; 13
(c) to develop and propose to the commissioner for approval a cane 14
analysis program, or a change to the cane analysis program, for 15
the mill or mills; 16
(d) to make a cane quality program for the mill or mills; 17
(e) to perform other functions given to it under this or another Act. 18
(2) A negotiating team may do anything necessary or convenient to be 19
done for its functions. 20
(3) A negotiating team must agree on a dispute resolution process-- 21
(a) for agreements as mentioned in section 53;42 and 22
(b) for its other functions. 23
41 The Acts Interpretation Act 1954, section 24B contains provisions about acting
appointments.
42 Section 53 (Dispute resolution)
s 184 118 s 186
Sugar Industry
(4) A negotiating team must appoint a secretary with an address for 1
service of the negotiating team. 2
resolution about functions 3
Dispute
184.(1) This section applies if a dispute arises within a negotiating team 4
about a matter mentioned in section 183(1). 5
(2) If a dispute resolution process agreed by the negotiating team applies 6
to the dispute, the process must be followed. 7
(3) A decision arising out of the dispute resolution process is taken to be 8
the final decision of the negotiating team. 9
(4) The Commercial Arbitration Act 1990 does not apply if the final 10
decision is reached by arbitration. 11
(5) To remove doubt, for the Judicial Review Act 1991, sections 4 12
and 20(1),43 the decision mentioned in subsection (3) is "a decision to 13
which this Act applies". 14
(6) If there is no dispute resolution process agreed by the negotiating 15
team that applies, the dispute resolution process provided for under a 16
regulation must be followed. 17
to engage assistance 18
Power
185. A negotiating team may employ the persons, and engage the 19
consultants and service providers, it considers necessary. 20
Division 3--General provisions about negotiating teams 21
and decisions of a negotiating team 22
Meetings
186.(1) A negotiating team must meet as often as it decides is necessary. 23
(2) A negotiating team may hold meetings, or allow members to take 24
part in meetings, using any technology allowing reasonably 25
43 Judicial Review Act 1991, sections 4 (Meaning of "decision to which this Act
applies") and 20 (Application for review of decision)
s 187 119 s 187
Sugar Industry
contemporaneous and continuous communication between members taking 1
part in the meeting. 2
(3) A member who takes part in a meeting under subsection (2) is taken 3
to be present at the meeting. 4
(4) Despite subsection (2), a negotiating team may, in writing, refer a 5
question requiring consideration by the team to all the members of the team. 6
(5) For subsection (4)-- 7
(a) a written decision of the members of the negotiating team is taken 8
to be a decision of the members at a duly constituted meeting of 9
the board; and 10
(b) a reference to members using any technology is adequate 11
reference in writing; and 12
(c) a reply to a reference using any technology is an adequate written 13
decision. 14
(6) The quorum at a meeting is all the members of the negotiating team. 15
(7) A decision of a negotiating team must be unanimous or as decided 16
under a dispute resolution process under section 184. 17
PART 7--SUGAR INDUSTRY COMMISSIONER 18
Division 1--Commissioner 19
of commissioner 20
Appointment
187.(1) There is to be a Sugar Industry Commissioner. 21
(2) The commissioner is to be appointed by the Governor in Council. 22
(3) The commissioner holds office for the term, not longer than 5 years, 23
and on the conditions stated in the instrument of appointment. 24
s 188 120 s 190
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of commissioner 1
Functions
188. The commissioner has the following functions-- 2
(a) to grant access rights and to keep the access rights register; 3
(b) to keep a central register of cane production areas; 4
(c) if asked by a cane production board, to help the board in the 5
administration of its objectives; 6
(d) to facilitate the existence of an effective cane analysis system; 7
(e) to approve cane analysis programs; 8
(f) to mediate in negotiations within the sugar industry in 9
Queensland, other than in matters in which the commissioner is 10
the decision maker, if asked by all parties to the mediation. 11
12
Remuneration
189. The commissioner is to be paid the remuneration, including 13
allowances, decided by the Governor in Council. 14
for appointment 15
Disqualifications
190. A person is not qualified to be or to continue as commissioner if the 16
person-- 17
(a) is an undischarged bankrupt or is taking advantage of the laws in 18
force for the time being relating to bankrupt or insolvent debtors; 19
or 20
(b) is convicted of an indictable offence, whether on indictment or 21
summarily; or 22
(c) becomes incapable of performing the duties of commissioner 23
because of physical or mental incapacity; or 24
(d) is not able to manage a corporation because of the Corporations 25
Law, section 229;44 or 26
(e) is named in the register held by the Australian Securities 27
44 Corporations Law, section 229 (Certain persons not to manage corporations)
s 191 121 s 193
Sugar Industry
Investment Commission under the Corporations Law, 1
section 243.45 2
of office 3
Vacation
191. The office of commissioner becomes vacant if the commissioner-- 4
(a) dies; or 5
(b) resigns office by notice given to the Governor in Council; or 6
(c) is absent, without the Minister's permission and without 7
reasonable excuse, for 14 consecutive days or 28 days in any 8
year; or 9
(d) is no longer qualified to continue as commissioner; or 10
(e) is removed from office under section 197. 11
independence 12
Commissioner's
192.(1) In performing functions of office mentioned in section 188,46 the 13
commissioner must act independently and impartially. 14
(2) However, subsection (1) does not prevent the corporation providing 15
staff and other resources to the commissioner to carry out his or her 16
functions effectively and efficiently. 17
budget 18
Commissioner's
193.(1) The commissioner must prepare and give to the Minister a draft 19
budget for each financial year in the form and when the Minister directs. 20
(2) The Minister must decide the commissioner's budget for the financial 21
year. 22
(3) Before the Minister decides the commissioner's budget, the Minister 23
must consult with the corporation and industry representative bodies. 24
45 Corporations Law, section 243 (Register of disqualified company directors and
other officers)
46 Section 188 (Functions of commissioner)
s 194 122 s 195
Sugar Industry
(4) The commissioner's budget is payable by the corporation. 1
(5) The commissioner must authorise spending only under the budget 2
decided by the Minister, unless the Minister otherwise directs. 3
staff 4
Commissioner's
194. The commissioner may employ the persons the commissioner 5
considers necessary. 6
power to delegate 7
Commissioner's
195.(1) The commissioner may delegate the commissioner's powers 8
to-- 9
(a) an appropriately qualified member of the commissioner's staff; 10
or 11
(b) an entity established under this Act; or 12
(c) an appropriately qualified member or officer of an entity 13
established under this Act. 14
(2) Without limiting subsection (1), the commissioner may delegate a 15
power under chapter 2, part 5, division 4 47 to an individual mentioned in 16
subsection (1) or to another appropriately qualified person. 17
(3) The commissioner may delegate the commissioner's power to 18
mediate in disputes about the exercise of an access right under 19
section 67(9)48 to-- 20
(a) the chairperson of the cane production board established for a mill 21
that is or is proposed to be supplied with cane through the use of 22
the access right; or 23
(b) an appropriately qualified mediator. 24
47 Chapter 2, part 5, division 4 (Cane analysis programs)
48 Section 67 (Variation and cancellation of access right, dispute resolution and
enforcement)
s 196 123 s 198
Sugar Industry
on political activity 1
Prohibition
196. The commissioner must not use any of the funds made available to 2
the commissioner under this Act for any purpose in connection with the 3
politics of any political party or any candidate for political office. 4
of commissioner 5
Removal
197.(1) This section applies if the Governor in Council is satisfied that 6
the commissioner has contravened section 196. 7
(2) The Governor in Council may remove the commissioner from office 8
by notice given to the commissioner. 9
2--Commissioner's function for registers 10
Division
and registers 11
Commissioner
198.(1) The commissioner must keep a register of the total number of 12
hectares included in cane production areas. 13
(2) If the commissioner requires a cane production board to give 14
information to the commissioner for entry on the register, the board must 15
give the information within the reasonable period the commissioner may 16
require. 17
(3) If asked by a cane production board, the commissioner may help the 18
board in any way the commissioner considers appropriate to properly keep 19
the board's register about cane production areas. 20
(4) With the agreement of a mill owner and the mill suppliers' 21
committee established for the mill, the commissioner may make 22
arrangements, including financial arrangements, with the cane production 23
board established for the mill under which the commissioner is to keep the 24
board's register of information about cane production areas. 25
s 199 124 s 199
Sugar Industry
HAPTER 5--APPEALS 1
C
to Magistrates Court 2
Appeal
199.(1) The following persons may appeal to a Magistrates Court ("the 3
court" ) against the decisions mentioned in relation to the person-- 4
(a) a person whose application to register any matter on a register 5
kept by the commissioner or a cane production board has been 6
refused by the commissioner or the board; 7
(b) a person whose application under chapter 2, part 1, division 2 has 8
been refused by a cane production board, or granted on a 9
condition with which the person is dissatisfied; 10
(c) a grower who is dissatisfied with a decision made by a cane 11
production board under chapter 2, part 1, division 3 that adversely 12
affects the interests of the grower; 13
(d) a person whose cane production area has been cancelled by a cane 14
production board under chapter 2, part 1, division 4; 15
(e) a grower or mill owner mentioned in section 35 who is 16
dissatisfied by a decision of a cane production board under the 17
section; 18
(f) a person whose application under section 56 has been refused by 19
the BSES or granted on a condition with which the person is 20
dissatisfied; 21
(g) a holder of an access right or a land-holder mentioned in 22
section 69 who is dissatisfied with a decision of the 23
commissioner under section 69(2). 24
(2) The appeal is started by-- 25
(a) giving a notice of appeal stating the grounds to the clerk of the 26
court; and 27
(b) giving a copy of the notice to the respondent. 28
(3) An appeal must be started within 28 days after the appellant-- 29
(a) for an appeal under subsection (1)(c)--is given notice of the 30
relevant decision or becomes aware of the relevant decision, 31
s 200 125 s 200
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whichever happens later; or 1
(b) otherwise--is given notice of the relevant decision. 2
(4) In deciding the appeal, the court-- 3
(a) is unaffected by the appealed decision; and 4
(b) is not bound by the rules of evidence; and 5
(c) must observe natural justice. 6
(5) In deciding the appeal, the court may confirm the appealed decision 7
or set the appealed decision aside and make another decision. 8
(6) If the court makes another decision, the decision is taken to be the 9
decision of the respondent. 10
(7) However, a decision mentioned in subsection (6) can not be appealed 11
against under this section. 12
(8) A party dissatisfied by the decision of the Magistrates Court may 13
appeal to the District Court, but only on a question of law. 14
(9) In this section-- 15
"decision" includes order. 16
to Land Court 17
Appeal
200.(1) This section applies to a decision by the commissioner under 18
section 60 or 67(3).49 19
(2) A person aggrieved by the commissioner's decision may appeal to 20
the Land Court within 28 days after the notice of the decision is given by the 21
commissioner under section 61 or 67(8). 22
(3) The appeal is started by-- 23
(a) giving a notice of appeal stating the grounds to the registrar of the 24
Land Court; and 25
(b) giving a copy of the notice to the following-- 26
(i) the commissioner; 27
49 Section 67 (Variation and cancellation of access right, dispute resolution and
enforcement)
s 201 126 s 201
Sugar Industry
(ii) any land-holder whose land is or would be affected by the 1
relevant access right; 2
(iii) the holder of any relevant access right; 3
(iv) any grower affected by the relevant variation or cancellation, 4
if the decision appealed against is under section 67(3). 5
(4) For subsection (3)(b)(ii) and (iv), it is enough if notice of the appeal 6
is published in a newspaper circulating in the area where the access right is 7
situated. 8
(5) The commissioner is not a party to the appeal merely because the 9
commissioner is given a copy of the notice of appeal. 10
(6) In deciding the appeal, the court is unaffected by the appealed 11
decision.50 12
(7) In deciding the appeal, the court may confirm the appealed decision 13
or set the appealed decision aside and make another decision. 14
(8) If the court makes another decision, the decision is taken to be the 15
decision of the commissioner. 16
(9) However, a decision mentioned in subsection (8) can not be appealed 17
against under this section. 18
HAPTER 6--AUTHORISATIONS FOR 19
C
COMPETITION LEGISLATION 20
for ch 6 21
Definitions
201. In this chapter-- 22
"Competition Code" means the Competition Code under the Competition 23
Policy Reform (Queensland) Act 1996. 24
50 For relevant general powers of the Land Court, see Land Court Act 1999,
section 7 (Land Court to be guided by equity and good conscience).
s 202 127 s 202
Sugar Industry
"competition legislation" means the Trade Practices Act 1974 (Cwlth), 1
section 51(1)(b)51 or the Competition Code of this jurisdiction, 2
section 51.52 3
"harvesting equity committee" means a committee that-- 4
(a) consists of representatives of a mill owner and growers; and 5
(b) is established under a collective agreement to review matters 6
about the harvesting of cane to try to ensure the harvesting is 7
carried out in a fair, effective and efficient way. 8
"settlement" means a contract, arrangement or understanding made or 9
arrived at between any or all of the following-- 10
(a) a grower; 11
(b) a harvesting equity committee; 12
(c) a cane production board; 13
(d) a mill owner; 14
(e) a mill suppliers' committee; 15
(f) for a settlement about using a particular person for an activity 16
mentioned in section 204(2)(a) or (b) or 205(2)(a) or (b),53 the 17
person. 18
production areas 19
Cane
202.(1) The following things are specifically authorised for the 20
competition legislation-- 21
51 Trade Practices Act 1974 (Cwlth), section 51 (Exceptions)
52 The Competition Code, section 51 states that in deciding whether a person has
contravened the Code, Part IV, certain things must be disregarded. Section
51(1) of the Code provides that the following must be disregarded--
(a) ...
(b) anything done in a State, if the thing is specified in, and specifically
authorised by:
(i) an Act passed by the Parliament of that State; or
(ii) regulations made under such an Act.
53 Section 204 (Supply agreements--individual agreements) or 205 (Supply
agreements--collective agreements)
s 202 128 s 202
Sugar Industry
(a) the granting of, or the refusal to grant, a cane production area, or 1
an increase in the number of hectares included in a cane 2
production area, by a cane production board; 3
(b) the variation of, or the refusal to vary, the description of land 4
included in a grower's cane production area by a cane production 5
board; 6
(c) the variation in, or the refusal to vary, the conditions on which a 7
grower holds a cane production area by a cane production board; 8
(d) the cancellation of, or the refusal to cancel, a grower's cane 9
production area, or part of the number of hectares included in a 10
cane production area, by a cane production board. 11
(2) Subsection (1) applies to the granting, variation or cancellation only to 12
the extent it is made for giving effect to a settlement. 13
(3) The things mentioned in subsection (1) are authorised even if they 14
have the purpose, effect or likely effect of substantially lessening 15
competition or one of the proscribed purposes stated in the Trade Practices 16
Act 1974 (Cwlth), section 46(1)54 or the Competition Code of this 17
jurisdiction, section 46(1).55 18
(4) The following conditions imposed on the granting or variation of a 19
cane production area are specifically authorised for the competition 20
legislation-- 21
(a) a condition imposed on the growing of cane; 22
(b) a condition imposed on the harvesting of cane; 23
(c) a condition imposed on the delivery of cane; 24
(d) a requirement about the use of a particular person for-- 25
(i) the delivery of cane to a mill by a grower; or 26
(ii) the transport of cane by a mill owner; 27
(e) a requirement that a grower must exercise the entitlement 28
conferred by a cane productions area within a certain time from 29
the day the cane production area is granted; 30
54 Trades Practices Act 1974 (Cwlth), section 46 (Misuse of market power)
55 Competition Code, section 46 (Misuse of market power)
s 203 129 s 203
Sugar Industry
(f) a prohibition or limitation on the transfer of a cane production 1
area within a certain time from the day the cane production area is 2
granted. 3
4
Example of paragraph (a)--
5
A condition that a grower use practices allowing cane to be grown
6
without undue damage to the environment.
7
Example of paragraph (b)--
8
A condition that cane is harvested in a particular period.
9
Example of paragraph (c)--
10
A condition that a grower pays an amount as a financial contribution to a
11
cane railway to facilitate the use of the land for growing cane.
xpansions 12
E
203.(1) The following things are specifically authorised for the 13
competition legislation-- 14
(a) the refusal of a mill owner or a mill suppliers' committee to give 15
a consent under section 2056 to a grower's application under 16
section 29;57 17
(b) the rejection of a mill owner of the arbitrator's decision 18
mentioned in section 23(4) or 26(3)(d);58 19
(c) the giving of, or the refusal to give, a move consent notice 20
mentioned in section 24(2) or 27(2)59 by a cane production board; 21
(d) the making of a decision by a negotiating team about expansion 22
under section 36.60 23
(2) Subsection (1)(c) or (d) applies to the giving of, or the refusal to give, 24
56 Section 20 (Consent process)
57 Section 29 (Application allowing supply to receiving mill)
58 Section 23 (If the negotiating team does not agree to horizontal expansion)
or 26 (Establishment of productivity increase process)
59 Section 24 (Process for moving supply from current mill) or 27 (Process of
moving supply from current mill)
60 Section 36 (Negotiating team must decide expansion of cane production areas)
s 204 130 s 204
Sugar Industry
a notice or the making of a decision only to the extent the notice or refusal is 1
given, or the decision is made, for giving effect to a settlement. 2
(3) The things mentioned in subsection (1) are authorised even if they 3
have the purpose, effect or likely effect of substantially lessening 4
competition. 5
agreements--individual agreements 6
Supply
204.(1) The following things are specifically authorised for the 7
competition legislation- 8
(a) the making of an individual agreement by 1 or more growers and 9
a mill owner under section 39;61 10
(b) the variation of an individual agreement by the parties. 11
(2) Subsection (1) applies to the making or variation of an individual 12
agreement only to the extent the agreement makes provision about-- 13
(a) the harvesting of cane by a grower, including the use of a 14
particular person for the harvesting; or 15
(b) the use of a particular person for-- 16
(i) the delivery of cane to a mill by a grower; or 17
(ii) the transport of cane by a mill owner; or 18
(c) the acceptance and crushing of cane by a mill at a time fixed 19
under the agreement. 20
(3) The following things are specifically authorised for the competition 21
legislation-- 22
(a) the harvesting of cane by a grower under an individual agreement, 23
including the use of a particular person for the harvesting; 24
(b) the use of a particular person for-- 25
(i) the delivery of cane to a mill by a grower under an individual 26
agreement; or 27
(ii) the transport of cane by a mill owner under an individual 28
61 Section 39 (Individual agreement)
s 205 131 s 205
Sugar Industry
agreement; 1
(c) the acceptance and crushing of cane by a mill at a time fixed 2
under an individual agreement. 3
(4) The things mentioned in subsections (1) and (3) are authorised even 4
if they have the purpose, effect or likely effect of substantially lessening 5
competition. 6
agreements--collective agreements 7
Supply
205.(1) The following things are specifically authorised for the 8
competition legislation-- 9
(a) the making of a collective agreement by a negotiating team under 10
section 42;62 11
(b) the variation of a collective agreement by a negotiating team under 12
section 44.63 13
(2) Subsection (1) applies to the making or variation of a collective 14
agreement only to the extent the agreement is made or varied for giving 15
effect to a settlement about-- 16
(a) the harvesting of cane by a grower, including the use of a 17
particular person for the harvesting; or 18
(b) the use of a particular person for-- 19
(i) the delivery of cane to a mill by a grower; or 20
(ii) the transport of cane by a mill owner; or 21
(c) the acceptance and crushing of cane by a mill at a time fixed 22
under the agreement. 23
(3) The following things are specifically authorised for the competition 24
legislation-- 25
(a) the harvesting of cane by a grower under a collective agreement, 26
including the use of a particular person for the harvesting; 27
(b) the use of a particular person for-- 28
62 Section 42 (Collective agreement--making)
63 Section 44 (Variation of collective agreement)
s 206 132 s 206
Sugar Industry
(i) the delivery of cane to a mill by a grower under a collective 1
agreement; or 2
(ii) the transport of cane by a mill owner under a collective 3
agreement; 4
(c) the acceptance and crushing of cane by a mill at a time fixed 5
under a collective agreement. 6
(4) Subsection (3)(a) applies only to the extent the collective agreement 7
gives effect to a settlement about the harvesting. 8
(5) Subsection (3)(b) applies only to the extent the collective agreement 9
gives effect to a settlement about the use of the particular person for doing 10
the thing mentioned in subsection (3)(b)(i) or (ii). 11
(6) The things mentioned in subsections (1) and (3) are authorised even 12
if they have the purpose, effect or likely effect of substantially lessening 13
competition. 14
agreements--payments 15
Supply
206.(1) The entry into a supply agreement is specifically authorised for 16
the competition legislation. 17
(2) Subsection (1) applies to the entry only to the extent the agreement 18
provides for the terms on which payments are to be made by a mill owner 19
for cane to be supplied to a mill by a grower under the supply agreement. 20
(3) The following things are specifically authorised for the competition 21
legislation-- 22
(a) the payment of a price for cane by a mill owner to a grower under 23
a supply agreement mentioned in this section; 24
(b) the receipt of a price for cane by a grower from a mill owner 25
under a supply agreement mentioned in this section; 26
(c) a financial incentive scheme of premiums, discounts and 27
allowances relating to cane and sugar quality or to anything that 28
may affect cane and sugar quality having regard to best practice 29
under a supply agreement mentioned in this section. 30
s 207 133 s 209
Sugar Industry
quality programs 1
Cane
207.(1) The making of a cane quality program by a negotiating team for 2
a mill under section 8564 is specifically authorised for the competition 3
legislation. 4
(2) Subsection (1) applies to the making of a cane quality program only 5
to the extent the program provides for a scheme of premiums and discounts 6
for cane quality and gives effect to a settlement. 7
schemes 8
Payment
208. The establishment by the corporation of payment schemes under 9
section 93,65 and anything done under or because of a payment scheme, is 10
specifically authorised for the competition legislation. 11
sugar 12
Brand
209.(1) The entry into of, and the giving of effect to, an arrangement 13
between the corporation and a mill owner under section 9466 under which 14
the owner is to produce a particular brand of raw sugar in a particular period 15
or amount is specifically authorised for the competition legislation. 16
(2) The following things are specifically authorised for the competition 17
legislation-- 18
(a) the giving of a direction by the corporation to a mill owner of a 19
mill under section 94(3) about sugar produced at the mill 20
requiring the owner to produce a particular brand of raw sugar; 21
(b) the production by the mill owner of a particular brand of raw 22
sugar because of a direction given to the owner by the corporation 23
under section 94(3). 24
64 Section 85 (Requirement to have cane quality program)
65 Section 93 (Schemes for payment)
66 Section 94 (Production of brands of raw sugar)
s 210 134 s 211
Sugar Industry
about delivery 1
Directions
210.(1) This section applies to a direction given by the corporation under 2
section 95(2).67 3
(2) The following things are specifically authorised for the competition 4
legislation-- 5
(a) the giving of a direction about-- 6
(i) how sugar vested in the corporation must be kept before it is 7
supplied to the corporation; or 8
(ii) how sugar vested in the corporation must be supplied to the 9
corporation, including-- 10
(A) when, where and how the sugar is to be supplied; and 11
(B) delivery of the sugar to places or persons or other 12
action that will be treated as supply to the corporation; 13
or 14
(iii) the payment by the manufacturer of sugar of costs 15
associated with its supply to the corporation; or 16
(iv) the conditions on which the corporation will accept sugar 17
vested in it; or 18
(v) information that must be given to the corporation by any 19
person concerned in the supply to, and acceptance by, the 20
corporation of sugar, and the form and way in which the 21
information must be given; 22
(b) anything done under, or because of, a direction mentioned in 23
paragraph (a) by-- 24
(i) the corporation; or 25
(ii) a person to whom the direction is given. 26
price directions 27
Sugar
211.(1) The entry by the corporation into a contract for the sale of sugar 28
for a price stated in a sugar price direction is specifically authorised for the 29
67 Section 95 (Directions about delivery etc.)
s 212 135 s 212
Sugar Industry
competition legislation. 1
(2) In this section-- 2
"sugar price direction" means a direction given by the Minister to the 3
corporation under section 101(1) 68 about the pricing of raw sugar for 4
sale to domestic customers. 5
CHAPTER 7--MISCELLANEOUS 6
njunctions 7
I
212.(1) Subsection (2) applies if a person has engaged, is engaging or is 8
proposing to engage in conduct that is, was, or would be, any of the 9
following-- 10
(a) a contravention of chapter 2 or 3; 11
(b) attempting to contravene chapter 2 or 3; 12
(c) aiding, abetting, counselling or procuring a person to contravene 13
chapter 2 or 3; 14
(d) inducing or attempting to induce (whether by threats, promises or 15
otherwise) a person to contravene chapter 2 or 3; 16
(e) being in any way, directly or indirectly, knowingly concerned in, 17
or party to, the contravention by a person of chapter 2 or 3; 18
(f) conspiring with others to contravene chapter 2 or 3. 19
(2) On the application of an interested entity, the court may grant an 20
injunction restraining the person from engaging in the conduct and, if the 21
court considers it is desirable to do so, requiring the person to do anything. 22
(3) If a person has failed, is failing, or is proposing to fail, to do anything 23
that the person is required to do under chapter 2 or 3, the court may, on the 24
application of an interested entity, grant an injunction requiring the person to 25
do the thing. 26
68 Section 101 (Minister's directions)
s 212 136 s 212
Sugar Industry
(4) However, the court may grant the injunction under subsection (2) 1
or (3) only if it is satisfied that there is no other adequate remedy. 2
(5) On an application under subsection (2) or (3), the court may grant the 3
injunction sought with the consent of all the parties to the proceeding, 4
whether or not the court is satisfied that the subsection applies. 5
(6) The court may grant an interim injunction pending a decision on an 6
application under subsection (2). 7
(7) The court may discharge or vary an injunction, and may grant an 8
injunction on conditions. 9
(8) The court's power to grant an injunction restraining a person from 10
engaging in conduct may be exercised-- 11
(a) whether or not it appears to the court that the person intends to 12
engage again, or to continue to engage, in the conduct; and 13
(b) whether or not the person has previously engaged in conduct of 14
that kind; and 15
(c) whether or not there is an imminent danger of substantial damage 16
to another person if the person engages, or continues to engage, in 17
the conduct. 18
(9) The court's power to grant an injunction requiring a person to do a 19
thing may be exercised-- 20
(a) whether or not it appears to the court that the person intends to fail 21
again, or to continue to fail, to do the thing; and 22
(b) whether or not the person has previously failed to do a thing of 23
that kind; and 24
(c) whether or not there is an imminent danger of substantial damage 25
to another person if the person fails, or continues to fail, to do the 26
thing. 27
(10) The court may, in addition to, or instead of, ordering an injunction 28
against a person, order the person to pay damages to someone. 29
(11) The court's powers under this section are in addition to its other 30
powers. 31
(12) In this section-- 32
s 213 137 s 215
Sugar Industry
"court" means the Supreme Court. 1
"interested entity" means an entity established under this Act or another 2
person, whose interests have been, are or would be affected by the 3
relevant conduct. 4
provisions about show cause proceedings 5
General
213.(1) This section applies to any show cause proceeding under this 6
Act. 7
(2) The notice to show cause must give the person to whom it is given at 8
least 28 days in which to make submissions. 9
(3) The entity giving the notice-- 10
(a) may extend the period for making submissions at any time; and 11
(b) must consider any submissions made by the person; and 12
(c) must give the person a reasonable opportunity to be heard about 13
the matter. 14
declaration 15
Statutory
214.(1) This section applies to an application or submission to the 16
commissioner or an entity established under this Act. 17
(2) The commissioner or entity may require particular information to be 18
verified by statutory declaration as a condition of its consideration or further 19
consideration of the application or submission. 20
to be kept 21
Records
215. An entity established under this Act-- 22
(a) must keep the records that may be necessary for the proper 23
discharge of its functions; and 24
(b) is a public authority under the Libraries and Archives Act 1988. 25
s 216 138 s 219
Sugar Industry
schemes 1
Superannuation
216.(1) An entity established under this Act may-- 2
(a) establish or amend superannuation schemes; or 3
(b) join in establishing or amending superannuation schemes; or 4
(c) take part in superannuation schemes. 5
(2) The auditor-general may audit the schemes. 6
(3) Subsection (2) is subject to the Financial Administration and Audit 7
Act 1977, part 6.69 8
to make false statement in application or submission 9
Offence
217. A person must not, in an application or submission made to an 10
entity under this Act, make any false or misleading statement without 11
reasonable excuse. 12
Maximum penalty--40 penalty units. 13
use of information prohibited 14
Improper
218. A person who is, or has been, the commissioner, or a member, 15
director, officer or employee of an entity established under this Act, must 16
not make improper use of information acquired because of the person's 17
position, or an opportunity provided by the position, to gain directly or 18
indirectly an advantage for any person or to cause detriment to the entity or 19
any person. 20
Maximum penalty--500 penalty units or 5 years imprisonment. 21
22
Indemnity
219.(1) The persons mentioned in subsections (2) to (4) are to be 23
indemnified as mentioned in the subsections against all actions, proceedings 24
and claims in relation to acts done or omitted to be done by any of them in 25
good faith and without negligence under this Act. 26
69 Financial Administration and Audit Act 1977, part 6 (Audit of consolidated fund
and public sector entities)
s 220 139 s 220
Sugar Industry
(2) The commissioner and the chairperson of the corporation are to be 1
indemnified by the corporation. 2
(3) The chairperson of a cane production board is to be indemnified by 3
the commissioner. 4
(4) Subject to subsections (2) and (3), a person who is a chairperson, 5
director or member of a body corporate established under this Act, or of a 6
board of the body corporate, or who is an employee or agent of the body 7
corporate, is to be indemnified by the body corporate. 8
for an offence 9
Proceedings
220.(1) Subject to subsection (2), a proceeding for an offence against this 10
Act must be taken in a summary way under the Justices Act 1886 within the 11
later of the following-- 12
(a) 1 year after the offence is committed; 13
(b) 6 months after the commission of the offence comes to the 14
complainant's knowledge, but within 2 years after the 15
commission of the offence. 16
(2) A proceeding for an indictable offence may, at the election of the 17
prosecution, be taken-- 18
(a) by way of summary proceedings under subsection (1); or 19
(b) on indictment. 20
(3) A proceeding against a person for an indictable offence must be 21
before a magistrate if it is a proceeding-- 22
(a) for the summary conviction of the person; or 23
(b) for an examination of witnesses in relation to the charge. 24
(4) If a proceeding for an indictable offence is brought before a justice 25
who is not a magistrate, jurisdiction is limited to taking or making a 26
procedural action or order within the meaning of the Justices of the Peace 27
and Commissioners for Declarations Act 1991. 28
(5) If-- 29
(a) a person charged with an indictable offence asks at the start of a 30
summary proceeding for the offence that the charge be prosecuted 31
s 221 140 s 221
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on indictment; or 1
(b) the magistrate hearing a charge of an indictable offence considers 2
the charge should be prosecuted on indictment; 3
the magistrate-- 4
(c) must not decide the charge as a summary offence; and 5
(d) must proceed by way of a committal proceeding. 6
(6) If a magistrate acts under subsection (5)-- 7
(a) any plea of the person charged, made at the start of the 8
proceeding, must be disregarded; and 9
(b) any evidence brought in the proceeding before the magistrate 10
decided to act under subsection (5) is taken to be evidence in the 11
proceeding for the committal of the person for trial or sentence; 12
and 13
(c) before committing the person for trial or sentence, the magistrate 14
must make a statement to the person under the Justices Act 1886, 15
section 104(2)(b).70 16
(7) The maximum penalty that may be imposed on a summary 17
conviction of an indictable offence is 100 penalty units or 1 year's 18
imprisonment. 19
(8) In this section-- 20
"indictable offence" means an offence against section 122 or 218.71 21
22
Evidence
221.(1) A document purporting to be a copy of a collective agreement 23
and purporting to be certified as a copy by or on behalf of a party to the 24
agreement is evidence of the agreement. 25
(2) A statement in a complaint for an offence against this Act of when 26
70 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
71 Section 122 (Duty and liability of certain officers of corporation)
or 218 (Improper use of information prohibited)
s 222 141 s 224
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the commission of the offence came to the knowledge of the complainant is 1
evidence of that fact. 2
(3) A certificate purporting to be signed by a person authorised to do so 3
by an entity established under this Act stating that a particular document is a 4
document lodged with or held by the entity, or a copy of the document, is 5
evidence of anything stated in the certificate. 6
(4) A certificate purporting to be signed by the chief executive officer of 7
the BSES, or a person authorised by the chief executive officer, stating for a 8
particular date or period and particular place that cane of a particular variety 9
was non-approved cane is evidence of anything stated in the certificate. 10
power 11
Regulation-making
222.(1) The Governor in Council may make regulations under this Act. 12
(2) A regulation may provide for a maximum penalty of not more than 13
20 penalty units for a contravention of a regulation. 14
CHAPTER 8--AMENDMENTS, REPEALS AND 15
TRANSITIONAL PROVISIONS 16
ART 1--AMENDMENTS AND REPEALS 17
P
mendments 18
A
223. Schedule 1 amends the Acts and regulations mentioned in it. 19
20
Repeals
224. The following Acts are repealed-- 21
· Sugar Industry Act 1991 22
· Sugar Milling Rationalisation Act 1991. 23
s 225 142 s 226
Sugar Industry
ART 2--TRANSITIONAL PROVISIONS 1
P
Division 1--Interpretation 2
for pt 2 3
Definitions
225. In this part-- 4
"register of easements" means the register of easements maintained under 5
section 20172 of the repealed Act. 6
"repealed Act" means the Sugar Industry Act 1991. 7
"Sugar Cane Assignment Register" means the register maintained under 8
section 32 of the repealed Act. 9
"Sugar Industry Tribunal" means the Sugar Industry Tribunal 10
established under section 20973 of the repealed Act. 11
"transitional assignment" see section 226(1). 12
"transitional easement" see section 232(1). 13
"transitional permit" see section 233(1). 14
2--Assignments 15
Division
becomes a cane production area 16
Assignment
226.(1) This section applies to a person who held an assignment under 17
the repealed Act immediately before the repeal of section 136(1)74 of the 18
repealed Act ("transitional assignment"). 19
(2) From the repeal of the section, the person is taken to hold instead a 20
cane production area and to be a grower. 21
(3) The land included in the cane production area is the transitional 22
72 Sugar Industry Act 1991, section 201 (Register of Easements)
73 Sugar Industry Act 1991, section 209 (Sugar Industry Tribunal)
74 Sugar Industry Act 1991, section 136 (The assignment entitlement)
s 227 143 s 228
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assignment's land and the description of the land included in the cane 1
production area is the transitional assignment's presently assigned 2
description. 3
(4) The mill to which the cane production area relates is the mill to which 4
the land included in the transitional assignment was assigned. 5
(5) The number of hectares included in the cane production area is the 6
number of hectares in the transitional assignment's area. 7
(6) A condition imposed on the grant or variation of the transitional 8
assignment under section 139(3) or 142(4) 75 of the repealed Act is taken to 9
be a condition imposed on the grant of the cane production area. 10
(7) To the extent that any type of right under the repealed Act mentioned 11
in this section may be affected by a decision on a review by the Sugar 12
Industry Tribunal on an application started before the commencement of 13
this section, this section applies as if the decision had been given effect 14
immediately before the commencement of this section. 15
of transitional assignment becomes plan of a cane production 16
Plan
area 17
227.(1) This section applies to a plan to which section 16076 of the 18
repealed Act applied immediately before the repeal of the section. 19
(2) From the repeal of the section, subject to section 226, the plan is a 20
plan under section 33.77 21
corporation guideline to continue in effect 22
Particular
228.(1) This section applies to a guideline in force under section 139(1)78 23
of the repealed Act immediately before the repeal of the section. 24
(2) From the repeal of the section, the guideline is a guideline of each 25
75 Sugar Industry Act 1991, section 139 (Guidelines for grant of assignment)
or 142 (Orders by local board)
76 Sugar Industry Act 1991, section 160 (Agreed assignment plan is evidence)
77 Section 33 (Agreed cane production area plan is evidence)
78 Sugar Industry Act 1991, section 139 (Guidelines for grant of assignment)
s 229 144 s 230
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cane production board and is binding on the cane production board and on 1
anyone making to the cane production board an application to which the 2
guideline relates. 3
(3) For subsection (2) the guideline is to be read as follows-- 4
(a) a reference to an assignment is taken to be a reference to a cane 5
production area; 6
(b) a reference to a local board is taken to be a reference to a cane 7
production board; 8
(c) a reference to an assignment holder is taken to be a reference to a 9
grower. 10
(4) The guideline stops having effect-- 11
(a) for a cane production board that makes a guideline, instrument or 12
decision before 30 March 2000 about the same matter--the day 13
the board makes the guideline, instrument or decision; or 14
(b) otherwise--30 March 2000. 15
Division 3--Awards and mill supply contracts 16
wards 17
A
229. Each award made under section 118 79 of the repealed Act from the 18
repeal of the section is to continue to have effect as if this Act had not been 19
passed until it expires in accordance with its own terms. 20
supply agreements 21
Mill
230. A mill supply agreement mentioned in section 13080 of the repealed 22
Act, and in force immediately before the repeal of the section, from the 23
repeal continues in force as a supply agreement under this Act. 24
79 Sugar Industry Act 1991, section 118 (Making of awards)
80 Sugar Industry Act 1991, section 130 (Mill supply contracts)
s 231 145 s 233
Sugar Industry
mill starts as mill 1
Existing
231.(1) This section applies to each mill that is in existence immediately 2
before the repeal of section 3C81 of the repealed Act. 3
(2) From the repeal of the section, the mill is taken to be a mill under 4
section 71.82 5
Division 4--Transitional easements and permits to pass 6
easement becomes a cane railway easement 7
Transitional
232.(1) This section applies to an easement granted under section 19683 8
of the repealed Act and in force immediately before the repeal of the section 9
(a "transitional easement"). 10
(2) From the repeal of the section, the easement is a cane railway 11
easement and is subject to the same conditions as the transitional easement 12
(and is an access right). 13
(3) However, the easement granted to the mill owner is taken to be 14
granted to the owner to facilitate harvest of cane and supply of cane to any 15
mill and between any mills. 16
permit becomes permit to pass 17
Transitional
233.(1) This section applies to a permit granted under section 207 84 of 18
the repealed Act and in force immediately before the repeal of the section (a 19
"transitional permit"). 20
(2) From the repeal of the section, the permit is a permit to pass and is 21
subject to the same conditions as the transitional permit (and is an access 22
right). 23
(3) However, if the transitional permit was granted to a mill owner, it is 24
81 Sugar Industry Act 1991, section 3C (Meaning of "sugar mill" or "mill")
82 Section 71 (Meaning of "mill")
83 Sugar Industry Act 1991, section 196 (Grant of easement)
84 Sugar Industry Act 1991, section 207 (Permits to pass over land)
s 234 146 s 236
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taken to be granted to the owner to facilitate harvest of cane and supply of 1
cane to any mill and between any mills. 2
of easements becomes the access rights register 3
Register
234.(1) From the repeal of section 20185 of the repealed Act, the register 4
of easements becomes the access rights register. 5
(2) The commissioner, as soon as possible after the repeal of the section, 6
must record in the access rights register the particulars mentioned in 7
section 64(2)86 of every transitional permit. 8
(3) For subsection (2), the corporation must, immediately on the repeal 9
of the section, give the commissioner the copies of the transitional permits 10
kept by the corporation. 11
to the register of easements 12
References
235.(1) In any register mentioned in section 20487 of the repealed Act, a 13
note warning of the existence of a transitional easement on the register of 14
easements, is taken, from the commencement of this section, to be a note 15
warning of the existence of the relevant cane railway easement on the access 16
rights register. 17
(2) In any Act or document, if the context permits, a reference to a 18
transitional easement or transitional permit is taken to be a reference to the 19
relevant access right. 20
applications 21
Transitional
236.(1) This section applies to an application made to the corporation for 22
the grant of an easement under section 196(1)(b) of the repealed Act, or 23
permit under section 207(1)88 of the repealed Act, made before the repeal of 24
85 Sugar Industry Act 1991, section 201 (Register of Easements)
86 Section 64 (Access rights register)
87 Sugar Industry Act 1991, section 204 (Notation of easement on other registers)
88 Sugar Industry Act 1991, section 196 (Grant of easement), section 207 (Permits
to pass over land)
s 237 147 s 239
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the section that had not been decided immediately before the repeal of the 1
section. 2
(2) From the repeal of the section, the application is to continue as an 3
application to the commissioner for the relevant access right under 4
section 60.89 5
(3) For subsection (2), section 60(1)(a) does not apply. 6
5--Marketing 7
Division
preserved 8
Vesting
237. Anything vested in the corporation under section 10790 of the 9
repealed Act before its repeal, from the repeal of the section continues to be 10
vested in the corporation under section 91.91 11
for payment 12
Pool
238. From the repeal of section 11392 of the repealed Act, a sugar pool 13
under the section in existence immediately before the repeal of the section, 14
considered in conjunction with the provisions of the repealed Act and any 15
arrangements of the corporation relating to the pool, is taken to be a 16
payment scheme under section 93.93 17
about delivery to and acceptance by corporation 18
Directions
239.(1) This section applies to a direction given under section 10894 of 19
the repealed Act before the repeal of the section. 20
89 Section 60 (Commissioner may grant an access right)
90 Sugar Industry Act 1991, section 107 (Vesting of sugar in Corporation)
91 Section 91 (Vesting of sugar in corporation)
92 Sugar Industry Act 1991, section 113 (Calculation of price payable to owners of
sugar mills)
93 Sugar Industry Act 1991, section 93 (Change to registers)
94 Sugar Industry Act 1991, section 108 (Delivery to and acceptance by Corporation
of sugar)
s 240 148 s 242
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(2) To the extent the direction must be complied with after the repeal of 1
that section to have effect according to its terms, the direction continues 2
from the repeal of the section as a direction of the corporation under 3
section 95.95 4
quality standards 5
Sugar
240.(1) This section applies to a standard made under section 114 96 of 6
the repealed Act that was in effect immediately before the repeal of the 7
section. 8
(2) From the repeal of that section, the standard is a standard under 9
section 96.97 10
Division 6--Minister's powers 11
directions to corporation 12
Minister's
241.(1) This section applies to a direction given to the corporation under 13
section 2598 of the repealed Act to the corporation before the repeal of the 14
section. 15
(2) To the extent the direction must be complied with after the repeal of 16
that section to have effect according to its terms, the direction continues after 17
the repeal of the section as a direction under section 101.99 18
7--Queensland Sugar Corporation 19
Division
of corporation 20
Continuation
242.(1) The Queensland Sugar Corporation mentioned as being 21
95 Section 95 (Directions about delivery etc.)
96 Sugar Industry Act 1991, section 114 (Minister's standards)
97 Section 96 (Sugar quality standards)
98 Sugar Industry Act 1991, section 25 (Minister's directions to Corporation)
99 Section 101 (Minister's directions)
s 243 149 s 244
Sugar Industry
established under section 103100 is a continuation of the Queensland Sugar 1
Corporation constituted under section 9101 of the repealed Act. 2
(2) Each appointed director holding office under section 13102 of the 3
repealed Act immediately before the repeal of the section, from the repeal of 4
the section, continues in office for the balance of the director's term as a 5
director appointed under section 107.103 6
(3) The chief executive and other persons employed under section 23104 7
of the repealed Act immediately before the repeal of the section, from the 8
repeal of the section, continue in employment under section 120,105 on the 9
same terms and conditions. 10
(4) Subsections (2) and (3) do not limit subsection (1). 11
continues 12
Delegation
243. A delegation of the corporation under section 27106 of the repealed 13
Act and in force immediately before the repeal of the section, from the 14
repeal of the section, continues as a delegation under section 121.107 15
Cane Assignment Register becomes the commissioner's register 16
Sugar
244.(1) This section applies to the Sugar Cane Assignment Register. 17
(2) On the repeal of section 32108 of the repealed Act, the register 18
100 Sugar Industry Act 1991, section 103 (Members of disclosure body to disclose
interests)
101 Sugar Industry Act 1991, section 9 (Constitution)
102 Sugar Industry Act 1991, section 13 (Board of directors)
103 Section 107 (Board of directors)
104 Sugar Industry Act 1991, section 23 (Chief executive officer and staff of
Corporation)
105 Section 120 (Chief executive officer and staff of corporation)
106 Sugar Industry Act 1991, section 27 (Corporation's power to delegate)
107 Section 121 (Corporation's power to delegate)
108 Sugar Industry Act 1991, section 32 (Sugar Cane Assignment Register)
s 244 150 s 244
Sugar Industry
becomes the register kept by the commissioner under section 198.109 1
(3) An entry of any particular in the register as it existed immediately 2
before the repeal of section 32 of the repealed Act, continues to be adequate 3
notice of the particular to all persons who subsequently have dealings in 4
relation to the entitlement or land to which the particular relates. 5
(4) Each cane production board must before 30 March 2000, notify the 6
commissioner when it is ready to receive the part of the register that relates 7
to matters required to be recorded by it in its register under section 157.110 8
(5) On receiving the notification under subsection (4), or if no 9
notification is received before 30 March 2000, as soon as possible after 10
30 March 2000, the commissioner must give to each cane production board 11
the part of the register that relates to matters required to be recorded by the 12
board in its register under section 157. 13
(6) The part of the register given to a cane production board must include 14
the records made under section 33111 of the repealed Act about land 15
included in cane production areas that relate to the mill for which the board 16
is established. 17
(7) Until the commissioner gives a cane production board, as required 18
under subsection (5), a part of the register mentioned in the subsection-- 19
(a) section 157(1), (4) and (5) does not apply in relation to the board; 20
and 21
(b) anything that under this Act may, or must, be recorded in the 22
register kept under section 157, for the purposes of registration 23
must be given by the board to the commissioner and recorded in 24
the part by the commissioner; and 25
(c) the part of the register, with any further record made in it under 26
paragraph (b), is taken to be the register under section 157. 27
(8) A person may inspect a record in the part of the register on payment 28
to the commissioner of a reasonable fee decided by the commissioner. 29
109 Section 198 (Commissioner and register)
110 Section 157 (Cane production board to keep cane production area register)
111 Sugar Industry Act 1991, section 33 (Notice of mortgage and other interests)
s 245 151 s 246
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(9) The part of the register given by the commissioner to the board under 1
subsection (5) must include the records made under subsection (7)(b). 2
Division 8--Bureau of Sugar Experiment Stations 3
of bureau 4
Continuation
245.(1) The Bureau of Sugar Experiment Stations mentioned as being 5
established under section 124112 is a continuation of the Bureau of Sugar 6
Experiment Stations constituted under section 53113 of the repealed Act. 7
(2) Each appointed director holding office under section 56114 of the 8
repealed Act immediately before the repeal of the section, from the repeal of 9
the section continues in office for the balance of the director's term as a 10
director appointed under section 127.115 11
(3) The Director of Sugar Experiment Stations and other persons 12
employed under section 70116 of the repealed Act immediately before the 13
repeal of the section, from the repeal of the section continue in employment 14
under section 140117 on the same terms and conditions. 15
(4) The Director of Sugar Experiment Stations mentioned in 16
subsection (3) becomes the chief executive officer of the BSES. 17
(5) Subsections (2) to (4) do not limit subsection (1). 18
cane and permits for non-approved cane 19
Approved
246.(1) An approval under section 73118 of the repealed Act and in force 20
immediately before the repeal of the section, from the repeal of the section 21
112 Section 124 (Establishment of BSES)
113 Sugar Industry Act 1991, section 53 (Establishment of Bureau)
114 Sugar Industry Act 1991, section 56 (Board of directors)
115 Section 127 (Board of directors)
116 Sugar Industry Act 1991, section 70 (Director and staff)
117 Section 140 (Chief executive officer and staff of BSES)
118 Sugar Industry Act 1991, section 73 (Approved sugarcane)
s 247 152 s 248
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is an approval under section 55.119 1
(2) A permit under section 74 120 of the repealed Act and in force 2
immediately before the repeal of the section, from the repeal of the section 3
is a permit under section 56.121 4
9--Cane production boards 5
Division
board becomes a cane production board 6
Local
247.(1) This section applies to a local board established under 7
section 38122 of the repealed Act and in existence immediately before the 8
repeal of the section. 9
(2) From the repeal of the section, the local board continues as a cane 10
production board taken to be established under section 142.123 11
(3) Each member of the local board holding office under section 40124 of 12
the repealed Act immediately before the repeal of the section, from the 13
repeal of the section continues in office for the balance of the member's 14
term as a member appointed under section 146.125 15
(4) Subsection (3) does not limit subsection (2). 16
to certain boards etc. 17
References
248. In an Act or document, a reference to a local board may, if the 18
context permits, be taken to be a reference to a cane production board. 19
119 Section 55 (Approved cane)
120 Sugar Industry Act 1991, section 74 (Permit to grow sugarcane of non-approved
variety)
121 Section 56 (Permit to grow cane of non-approved variety)
122 Sugar Industry Act 1991, section 38 (Establishment of local boards)
123 Section 142 (Establishment of cane production board)
124 Sugar Industry Act 1991, section 40 (Membership of local board)
125 Section 146 (Membership of cane production board)
s 249 153 s 250
Sugar Industry
Division 10--Cane protection and productivity boards 1
of productivity areas 2
Continuation
249. Each sugarcane productivity area declared under the section 77126 of 3
the repealed Act and in force immediately before the repeal of the section, 4
from the repeal continues as a productivity area taken to be established 5
under section 158.127 6
of cane protection and productivity boards 7
Continuation
250.(1) This section applies to a cane protection and productivity board 8
established under section 78128 of the repealed Act and in existence 9
immediately before the repeal of the section. 10
(2) From the repeal of the section, the cane protection and productivity 11
board continues as a cane protection and productivity board taken to be 12
established under section 158.129 13
(3) Each member of the cane protection and productivity board holding 14
office under section 81 of the repealed Act immediately before the repeal of 15
the section, from the repeal of the section continues in office for the balance 16
of the member's term as a member appointed under section 162.130 17
(4) The persons employed under section 87 131 of the repealed Act 18
immediately before the repeal of the section, from the repeal of the section 19
126 Sugar Industry Act 1991, section 77 (Productivity areas)
127 Section 158 (Establishment of productivity area and cane protection and
productivity board)
128 Sugar Industry Act 1991, section 78 (Constitution of productivity boards)
129 Section 158 (Establishment of productivity area and cane protection and
productivity board)
130 Section 162 (Membership of a cane protection and productivity board)
131 Sugar Industry Act 1991, section 87 (Power to engage assistance)
s 251 154 s 252
Sugar Industry
continue in employment under section 173132 on the same terms and 1
conditions. 2
(5) Subsections (3) and (4) do not limit subsection (2). 3
Division 11--Negotiating teams 4
of negotiating teams 5
Continuation
251.(1) Each negotiating team established under section 52A133 of the 6
repealed Act and in existence immediately before the repeal of the section, 7
from the repeal continues as a negotiating team established under 8
section 179.134 9
(2) Each member of the negotiating team holding office under 10
section 52A of the repealed Act immediately before the repeal of the 11
section, from the repeal of the section continues in office as a member 12
under section 180.135 13
12--Sugarcane and sugarcane products examination and 14
Division
testing programs 15
of programs 16
Continuation
252. A program instituted for a mill under section 30136 of the repealed 17
Act and in force immediately before the repeal of the section, from the 18
repeal continues as the cane analysis program under section 79137 for the 19
mill and is binding on the persons to whom it applies according to its terms. 20
132 Section 173 (Power to engage assistance)
133 Sugar Industry Act 1991, section 52A (Establishment)
134 Section 179 (Establishment)
135 Section 180 (Membership)
136 Sugar Industry Act 1991, section 30 (Programs to obtain information)
137 Section 79 (Requirement to have cane analysis program and purpose)
s 253 155 s 255
Sugar Industry
Division 13--Sugar Industry Tribunal 1
of pt 12 of repealed Act 2
Continuation
253.(1) Despite the repeal of the repealed Act, part 12138 of that Act is 3
taken to continue in effect for this section. 4
(2) Each application made to the tribunal before the repeal of the repealed 5
Act and not brought to an end before the repeal may continue to be dealt 6
with by the tribunal until all applications are disposed of. 7
(3) The tribunal, in addition to any other power it has under part 12, also 8
has the power to make any order necessary to take account of the changes to 9
the law under this Act and give effect to its decision under this Act. 10
Division 14--Sugar Industry Commissioner 11
functions postponed 12
Particular
254. Despite the commencement of section 188,139 the commissioner's 13
functions under section 188(d) and (e) do not commence until 14
1 January 2000. 15
15--Competition policy legislation 16
Division
for div 15 17
Definitions
255. In this division-- 18
"Competition Code" means the Competition Code under the Competition 19
Policy Reform (Queensland) Act 1996. 20
138 Sugar Industry Act 1991, part 12 (Sugar Industry Tribunal)
139 Section 188 (Functions of commissioner)
s 256 156 s 257
Sugar Industry
"competition legislation" means the Trade Practices Act 1974 (Cwlth), 1
section 51(1)(b)140 or the Competition Code of this jurisdiction, 2
section 51.141 3
4
Guidelines
256.(1) The making of a guideline by the corporation that is in force 5
under section 139(1)142 of the repealed Act and mentioned in section 228143 6
of this Act is specifically authorised for the competition legislation. 7
(2) Subsection (1) applies to the making of a guideline only to the extent 8
the guideline provides, under section 139(2) of the repealed Act, with 9
respect to the aggregate of all assignments' areas available to be granted in a 10
calendar year, that a prescribed proportion is to be offered in the first 11
instance to holders of existing assignments. 12
(3) The making of a guideline is authorised even if it has the purpose, 13
effect or likely effect of substantially lessening competition or one of the 14
proscribed purposes stated in the Trade Practices Act 1974 (Cwlth), 15
section 46(1)144 or the Competition Code of this jurisdiction, 16
section 46(1).145 17
wards 18
A
257.(1) The making of an award by a negotiating team under 19
140 Trade Practices Act 1974 (Cwlth), section 51 (Exceptions)
141 The Competition Code, section 51 states that in deciding whether a person has
contravened the Code, Part IV, certain things must be disregarded. Section
51(1) of the Code provides that the following must be disregarded--
(a) ...
(b) anything done in a State, if the thing is specified in, and specifically
authorised by:
(i) an Act passed by the Parliament of that State; or
(ii) regulations made under such an Act.
142 Sugar Industry Act 1991, section 139 (Guidelines for grant of assignment)
143 Section 228 (Particular corporation guideline to continue in effect)
144 Trades Practices Act 1974 (Cwlth), section 46 (Misuse of market power)
145 Competition Code, section 46 (Misuse of market power)
s 258 157 s 258
Sugar Industry
section 118146 of the repealed Act and continued in force under 1
section 229147 of this Act is specifically authorised for the competition 2
legislation. 3
(2) Subsection (1) applies to the making of an award only to the extent 4
the award is made for giving effect to a settlement about-- 5
(a) the harvesting of cane by an assignment holder under the award, 6
including the use of a particular person for the harvesting; or 7
(b) the use of a particular person for-- 8
(i) the delivery of cane to a mill by an assignment holder under 9
the award; or 10
(ii) the transport of cane by a mill owner under the award; or 11
(c) the base prices to be paid for cane. 12
(3) The making of an award is authorised even if it has the purpose, 13
effect or likely effect of substantially lessening competition. 14
supply agreements 15
Mill
258.(1) This section applies to an existing mill supply contract. 16
(2) The following things are specifically authorised for the competition 17
legislation-- 18
(a) the harvesting of cane by an assignment holder under a contract, 19
including the use of a particular person for the harvesting; 20
(b) the use of a particular person for-- 21
(i) the delivery of cane to a mill by an assignment holder under 22
a contract; or 23
(ii) the transport of cane by a mill owner under a contract; 24
(c) the taking, delivery and crushing of cane by a mill owner at a time 25
fixed under a contract; 26
(d) the payment of a price for cane by a mill owner to an assignment 27
146 Sugar Industry Act 1991, section 118 (Making of awards)
147 Section 229 (Awards)
s 258 158 s 258
Sugar Industry
holder under a contract; 1
(e) the receipt of a price for cane by an assignment holder from a mill 2
owner under a contract. 3
(3) The things mentioned in subsection (2) are authorised even if they 4
have the purpose, effect or likely effect of substantially lessening 5
competition. 6
(4) This section applies to a contract whether or not the contract is an 7
exempt contract. 8
(5) In this section-- 9
"exempt contract" means a mill supply contract exempted from 10
section 131 or 134 148 of the repealed Act under a regulation under 11
section 134A149 of the repealed Act. 12
"existing mill supply contract" means the following mill supply contracts 13
continued in force under section 230150 of this Act-- 14
· a mill supply contract to which the owner of the mill known as 15
the `Mossman Central Mill' is a party 16
· a mill supply contract to which the owner of the mill known as 17
the `Tableland Mill' is a party. 18
"mill supply contract" means a contract or agreement within the meaning 19
of section 130151 of the repealed Act. 20
148 Sugar Industry Act 1991, section 131 (Procedure for making effective mill supply
contract) or 134 (Contracts limited to 3 years)
149 Sugar Industry Act 1991, section 134A (Exemption from controls over
agreements)
150 Section 230 (Mill supply agreement)
151 Sugar Industry Act 1991, section 130 (Mill supply contracts)
s 259 159 s 259
Sugar Industry
about delivery to and acceptance by corporation 1
Directions
259.(1) This section applies to a direction given under section 108152 of 2
the repealed Act and continued in force under section 239153 of this Act. 3
(2) The following things are specifically authorised for the competition 4
legislation-- 5
(a) the making of determinations by the corporation, and the 6
authorising of its employees, agents and other bodies and persons 7
to give directions, as the corporation thinks fit about-- 8
(i) how sugar vested in the corporation must be kept before it is 9
delivered to the corporation; or 10
(ii) how sugar vested in the corporation must be delivered to the 11
corporation, including-- 12
(A) when, where and how the sugar is to be delivered; and 13
(B) delivery of the sugar to places or persons or other 14
action that will be treated as delivery to the corporation; 15
or 16
(iii) the payment by the manufacturer of sugar of costs 17
associated with its delivery to the corporation; or 18
(iv) the conditions on which the corporation will accept sugar 19
vested in it under part 7154 of the repealed Act; or 20
(v) information that must be given to the corporation by any 21
person concerned in the delivery to, and acceptance by, the 22
corporation of sugar, and the form and way in which the 23
information must be given; 24
(b) anything done under, or because of, the direction by-- 25
(i) the corporation; or 26
(ii) the person giving the direction; or 27
152 Sugar Industry Act 1991, section 108 (Delivery to and acceptance by Corporation
of sugar)
153 Section 239 (Directions about delivery to and acceptance by corporation)
154 Sugar Industry Act 1991, part 7 (Acquisition of sugar)
s 260 160 s 261
Sugar Industry
(iii) the mill owner to whom the direction is given. 1
(3) Subsection (2) applies to the direction only if it is given to a mill 2
owner. 3
(4) Also, subsection (2) applies to the direction only to the extent it 4
relates to the delivery of raw sugar to a place or person for giving effect to a 5
contract, arrangement or understanding made or arrived at between the 6
corporation and another person. 7
directions to corporation 8
Minister's
260.(1) This section applies to a sugar price direction under 9
section 25(1)155 of the repealed Act and continued in force under 10
section 241156 of this Act. 11
(2) The entry by the corporation into a contract for the sale of sugar for a 12
price stated in the direction is specifically authorised for the competition 13
legislation. 14
(3) In this section-- 15
"sugar price direction" means a direction given by the Minister to the 16
corporation under section 25(1) of the repealed Act about the pricing of 17
raw sugar for sale to domestic customers. 18
19
Expiry
261. This division expires on 30 June 2000. 20
155 Sugar Industry Act 1991, section 25 (Minister's directions to Corporation)
156 Section 241 (Minister's directions to corporation)
161
Sugar Industry
CHEDULE 1 1
¡S
MENDMENT OF OTHER ACTS AND 2
A
REGULATIONS 3
section 223 4
HEALTH (DRUGS AND POISONS) REGULATION 5
´
1996 6
1. Section 247-- 7
omit, insert-- 8
`Cane protection and productivity board 9
`247. A cane protection and productivity board under the Sugar Industry 10
Act 1999 is authorised to sell an S7 poison for-- 11
(a) the control of plant diseases in sugar cane; or 12
(b) the destruction of insect pests, vermin or weeds.'. 13
2. Section 290(3)(c)-- 14
omit, insert-- 15
`(c) for a cane protection and productivity board--under the Sugar 16
Industry Act 1999.'. 17
162
Sugar Industry
SCHEDULE 1 (continued)
IENS ON CROPS OF SUGAR CANE ACT 1931 1
´L
1. Section 8(1), from `provisions' to `thereunder'-- 2
omit, insert-- 3
`Sugar Industry Act 1999 and any collective agreement mentioned in 4
section 40157 of that Act'. 5
2. Section 8(1), from `the lands' to `Acts'-- 6
omit, insert-- 7
`relates any cane production area in which is included the lands described 8
in the lien'. 9
3. Section 8-- 10
insert-- 11
`(4) In this section-- 12
"cane production area" has the meaning given by the Sugar Industry 13
Act 1999, section 6.158'. 14
4. Section 9(1)(a), `the Sugar Industry Act 1991, section 129'-- 15
omit, insert-- 16
`a cane supply and processing agreement entered into under the Sugar 17
Industry Act 1999'. 18
157 Sugar Industry Act 1999, section 40 (Collective agreement--nature)
158 Sugar Industry Act 1999, section 6 (Cane production area)
163
Sugar Industry
SCHEDULE 1 (continued)
5. Section 16(2), from `any Cane' to `1991'-- 1
omit, insert-- 2
`a cane protection and productivity board established under the Sugar 3
Industry Act 1999'. 4
6. Section 16(4)(a), `1991'-- 5
omit, insert-- 6
`1999'. 7
LANT PROTECTION ACT 1989 8
´P
1. Section 3, definition "plant", `or, unless another Act provides, sugar 9
cane"-- 10
omit. 11
2. Part 1, after section 6-- 12
insert-- 13
`Act applies to sugar cane 14
`6AA.(1) This Act applies to sugar cane as a plant. 15
`(2) To apply this Act to sugar cane-- 16
(a) a reference to the Minister is taken to be a reference to the 17
Minister within the meaning of the Sugar Industry Act 1999; and 18
(b) a reference to the chief executive is taken to be a reference to the 19
chief executive officer of the Bureau of Sugar Experiment 20
Stations established under the Sugar Industry Act 1999; and 21
(c) if, under section 16, an inspector takes measures on behalf of a 22
body established under the Sugar Industry Act 1999, the 23
provisions of sections 17 and 18 apply as if a reference to the 24
Crown were a reference to the body; and 25
164
Sugar Industry
SCHEDULE 1 (continued)
(d) if a matter or thing is seized by an inspector acting on behalf of a 1
body established under the Sugar Industry Act 1999, sections 38 2
and 39 apply as if a reference to the Crown were a reference to the 3
body; and 4
(e) a reference in section 28 to the Crown includes a reference to a 5
body established under the Sugar Industry Act 1999; and 6
(f) non-approved cane is taken to be a pest. 7
`(3) In this section-- 8
"non-approved cane" has the meaning given by the Sugar Industry 9
Act 1999, schedule 2.159 10
"sugar cane" means any plant or part of the plant of the genus Saccharum 11
or any hybrid of sugar cane.'. 12
RIMARY PRODUCERS' ORGANISATION AND 13
´P
MARKETING ACT 1926 14
1. Section 30A, definition "grower", from `means' to `1991'-- 15
omit, insert-- 16
`means a person who holds a cane production area under the Sugar 17
Industry Act 1999'. 18
159Sugar Industry Act 1999, schedule 2 provides--
"non-approved cane" means cane that--
(a) is grown at a place where, and at a time when, cane of the variety to which
it belongs is not approved for growing under section 55; and
(b) is not grown under a permit issued under section 56; and
(c) is not grown by, for or at the request of, the chief executive officer of the
BSES.
165
Sugar Industry
SCHEDULE 1 (continued)
2. Section 30A, definition "mill"-- 1
omit, insert-- 2
` "mill" see the Sugar Industry Act 1999, section 71.160'. 3
STATUTORY BODIES FINANCIAL 4
´
ARRANGEMENTS REGULATION 1997 5
1. Schedule 1A, `Sugar Industry Act 1991' (1st and 3rd mention)-- 6
omit, insert-- 7
`Sugar Industry Act 1999'. 8
2. Schedule 1A, `Sugar Industry Act 1991 (see section 78)'-- 9
omit, insert-- 10
`Sugar Industry Act 1999 (see section 158)'. 11
3. Schedule 1A,`productivity boards'-- 12
omit, insert-- 13
`cane protection and productivity boards'. 14
4. Schedule 2, `Sugar Industry Act 1991 (1st mention)'-- 15
omit, insert-- 16
`Sugar Industry Act 1999'. 17
160 Sugar Industry Act 1999, section 71 (Meaning of "mill")
166
Sugar Industry
SCHEDULE 1 (continued)
5. Schedule 2, `Sugar Industry Act 1991 (see section 78)'-- 1
omit, insert-- 2
`Sugar Industry Act 1999 (see section 158)'. 3
6. Schedule 2,`productivity boards'-- 4
omit, insert-- 5
`cane protection and productivity boards'. 6
7. Schedule 4, `Sugar Industry Act 1991'-- 7
omit, insert-- 8
`Sugar Industry Act 1999'. 9
8. Schedule 5, `Sugar Industry Act 1991'-- 10
omit, insert-- 11
`Sugar Industry Act 1999'. 12
TRANSPORT INFRASTRUCTURE ACT 1994 13
´
1. Schedule 3, definition "sugar tramway", paragraph (a)-- 14
omit, insert-- 15
`(a) operated, entirely or partly, on an access right under the Sugar 16
Industry Act 1999, chapter 2, part 4;161 and'. 17
161 Sugar Industry Act 1999, chapter 2 (Production, supply and milling), part 4 (Cane
access, harvesting and mill supply)
167
Sugar Industry
SCHEDULE 1 (continued)
TRANSPORT OPERATIONS (ROAD USE 1
´
MANAGEMENT) ACT 1995 2
1. Schedule 3, definition "railway", paragraph (b)-- 3
omit, insert-- 4
`(b) a railway on a cane railway easement under the Sugar Industry 5
Act 1999, chapter 2, part 4.162'. 6
ATER RESOURCES ACT 1989 7
´W
1. Section 117(1), from `within the meaning of the Sugar Industry Act 8
1991' to `with that Act'-- 9
omit, insert-- 10
`to which relate under the Sugar Industry Act 1999 cane production areas 11
that include'. 12
ATER RESOURCES (RATES AND CHARGES) 13
´W
REGULATION 1992 14
1. Section 25(1), `Sugar Industry Act 1991'-- 15
omit, insert-- 16
`Sugar Industry Act 1999'. 17
2. Section 25(1), definitions "assigned" and "sugar mill"-- 18
omit. 19
162 Sugar Industry Act 1999, chapter 2 (Production, supply and milling), part 4 (Cane
access, harvesting and mill supply)
168
Sugar Industry
SCHEDULE 1 (continued)
3. Section 25(3), `is assigned to a sugar mill (the "assigned land")'-- 1
omit, insert-- 2
`is included in a cane production area relating to a sugar mill as provided 3
under the Sugar Industry Act 1999'. 4
4. Section 25(3)(b), `assigned'-- 5
omit. 6
7
169
Sugar Industry
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 4 3
"access right" see section 58(1). 4
"access rights register" see section 64. 5
"acquire" includes purchase, take on lease, licence or under another 6
interest. 7
"adjacent" includes nearby. 8
"appointed director" means-- 9
(a) for the corporation--each director of the corporation other than 10
the director who is chief executive of the corporation; and 11
(b) for the BSES--each director of the BSES other than the BSES's 12
chief executive officer. 13
"appropriately qualified", in relation to the exercise of a power, includes 14
having the qualifications, experience or standing appropriate to exercise 15
the power. 16
17
Example of `standing'--
18
The level at which a person is employed by an entity.
"BSES" means the Bureau of Sugar Experiment Stations established under 19
section 124. 20
"business manager", of an industry participant, means-- 21
(a) a director, employee or officer of the industry participant; or 22
(b) a manager or trustee of, or a partner in, an entity that is an 23
industry participant. 24
"cane" means sugar cane. 25
"cane analysis program" means a cane analysis program under 26
section 79. 27
170
Sugar Industry
SCHEDULE 2 (continued)
"cane quality program" means a cane quality program under section 85. 1
"cane production area" see section 6. 2
"cane production board" means a cane production board established 3
under section 142. 4
"cane productivity" for chapter 2, part 1, division 3, see section 19. 5
"cane protection and productivity board" means a cane protection and 6
productivity board established under section 158. 7
"cane railway easement" see section 58(4). 8
"cane supply and processing agreement" see section 38. 9
"closed mill" for chapter 2, part 5, division 3, see section 75. 10
"closed mill cane" for chapter 2, part 5, division 3, see section 76(2). 11
"collective agreement" means a collective agreement under section 40. 12
"commercial cane sugar" means the estimated yield of cane sugar from 13
cane, decided as provided under the cane analysis program applying to 14
the cane. 15
"commissioner" means the Sugar Industry Commissioner appointed under 16
section 187. 17
"Competition Code" for-- 18
(a) chapter 6, see section 201; or 19
(b) chapter 8, part 2, division 15, see section 255. 20
"competition legislation" for-- 21
(a) chapter 6, see section 201; or 22
(b) chapter 8, part 2, division 15, see section 255. 23
"consent process" means the process under chapter 2, part 1, division 3, 24
subdivision 2. 25
"corporation" means the Queensland Sugar Corporation established under 26
section 103. 27
171
Sugar Industry
SCHEDULE 2 (continued)
"crushing capacity" means the estimated maximum rate of crushing at 1
which a mill can operate continuously while keeping a proper level of 2
efficiency. 3
"crushing season" means, for any calendar year, the season for the 4
harvesting and crushing of cane starting in the year. 5
"current cane production area" for chapter 2, part 1, division 3, see 6
section 19. 7
"current cane production board" for chapter 2, part 1, division 3, see 8
section 19. 9
"current mill" for chapter 2, part 1, division 3, see section 19. 10
"decision" includes an order and a direction. 11
"expansion", in cane production areas, mean an increase in the total 12
number of hectares included in all cane production areas relating to a 13
mill, whether by an increase in the number of cane production areas or 14
in the numbers of hectares included in existing cane production areas. 15
"grant of unallocated hectares" for chapter 2, part 1, division 3, see 16
section 19. 17
"grower" see section 6(2). 18
"guidelines" means written guidelines. 19
"harvesting equity committee" for chapter 6, see section 201. 20
"horizontal expansion" for chapter 2, part 1, division 3, see section 19. 21
"horizontal expansion process" means the process under chapter 2, 22
part 1, division 3, subdivision 3. 23
"industry participant" means-- 24
(a) a person who-- 25
(i) grows cane; or 26
(ii) mills cane; or 27
(iii) produces, refines or manufactures sugar; or 28
(iv) other than the corporation, sells sugar solely by wholesale or 29
172
Sugar Industry
SCHEDULE 2 (continued)
retail; or 1
(b) an entity representing the interests of persons carrying on any of 2
the things mentioned in paragraph (a); or 3
(c) a business manager of a person or entity mentioned in 4
paragraph (a) or (b). 5
"information notice" for a decision, means a written notice stating the 6
following-- 7
(a) the reasons for the decision; 8
(b) the right of appeal or review provided under this Act to the person 9
given the notice; 10
(c) the period within which the appeal must be started or review 11
applied for; 12
(d) how to appeal or apply for the review. 13
"interest" of a director or member of an entity established under this Act 14
about a matter for consideration at a meeting, means a direct or indirect 15
interest. 16
"land included in a cane production area" means land within the 17
boundaries of the description of land to which the cane production area 18
relates. 19
"material personal interest" of a director or member of an entity 20
established under this Act about a matter for consideration at a 21
meeting-- 22
(a) means an interest relating to the personal affairs of the director or 23
member that may have, or be seen to have, a significant influence 24
on the conduct of the director or member at the meeting; and 25
(b) for section 114, includes an interest in the matter that arises 26
because the director or member is a business manager of another 27
person who has a material personal interest in the matter. 28
"mill" see section 71. 29
"mill owner" or "owner of a mill" means an entity owning or having the 30
control of a mill including the manager, the managing director or other 31
173
Sugar Industry
SCHEDULE 2 (continued)
person controlling the business of a mill. 1
"mill suppliers' committee" means-- 2
(a) generally--a mill suppliers' committee established for a mill 3
under the Primary Producers' Organisation and Marketing 4
Act 1926; or 5
(b) in relation to a mill, or an entity established under this Act for a 6
mill or a supply agreement made for a mill or with a mill 7
owner--the mill suppliers' committee established for the mill. 8
"negotiating team" means a negotiating team established under chapter 4, 9
part 6. 10
"non-approved cane" means cane that-- 11
(a) is grown at a place where, and at a time when, cane of the variety 12
to which it belongs is not approved for growing under section 55; 13
and 14
(b) is not grown under a permit issued under section 56; and 15
(c) is not grown by, for or at the request of, the chief executive 16
officer of the BSES. 17
"notice" means written notice. 18
"number of hectares included in a cane production area" means the 19
number of the hectares to which the cane production area relates as 20
opposed to the land included in the cane production area. 21
"obstructs" includes assaults, threatens, abuses, insults, intimidates, 22
hinders and attempts to obstruct. 23
"payment scheme", for payment to mill owner for sugar vested in the 24
corporation, means a payment scheme under section 93(2). 25
"penalty sugar" means sugar manufactured from cane grown on land 26
other than land included in the description or number of hectares 27
included in a relevant cane production area. 28
"permit to pass" see section 58(2). 29
174
Sugar Industry
SCHEDULE 2 (continued)
"pest" see the Plant Protection Act 1989, section 3.163 1
"pest infestation" see the Plant Protection Act 1989, section 3.164 2
"productivity increase" for chapter 2, part 1, division 3, see section 19. 3
"productivity increase process" means the process under chapter 2, 4
part 1, division 3, subdivision 4. 5
"products" includes by-products. 6
"raw sugar equivalent" means the amount of raw sugar that is the 7
equivalent of any sugar vested in the corporation under the relevant 8
payment scheme under section 93.165 9
"receiving cane production board" for chapter 2, part 1, division 3, see 10
section 19. 11
"receiving mill" for-- 12
(a) chapter 2, part 1, division 3, see section 19; or 13
(b) chapter 2, part 5, division 3, see section 76. 14
"register of easements" for chapter 8, part 2, see section 225. 15
"regulation process" for chapter 2, part 1, division 3, see section 19. 16
"repealed Act" for chapter 8, part 2, see section 225. 17
"research" includes investigation or consideration. 18
"settlement" for chapter 6, see section 201. 19
"sugar" means all raw sugar, crystal sugar, sugar syrups, inverted syrups, 20
163 Plant Protection Act 1989, section 3--
` "pest" means any organism of the plant or animal kingdom (excluding vertebrates)
or any virus or viroid or disorder or condition or cause of specified symptoms that
is declared to be a pest under section 4.'.
164 Plant Protection Act 1989, section 3--
` "pest infestation" means a condition whereby the land, plant, soil, appliance or
other matter or thing in respect of which the term is used supports a pest
physically, nutritionally or in any other way or a condition whereby the presence
of the pest in or on the land, plant, soil, appliance or other matter or thing in
question exposes any plant either directly or indirectly to pest infestation.'.
165 Section 93 (Schemes for payment)
175
Sugar Industry
SCHEDULE 2 (continued)
liquid sugar and any other form of manufactured sugar other than the 1
following-- 2
(a) final molasses; 3
(b) a form of sugar manufactured from another form of sugar 4
previously disposed of by the corporation; 5
(c) sugar the source of which was grown outside Queensland. 6
"sugar cane" means any plant or part of a plant of the genus Saccharum or 7
any hybrid of sugarcane. 8
"Sugar Cane Assignment Register", for chapter 8, part 2, see 9
section 225. 10
"Sugar Industry Tribunal", for chapter 8, part 2, see section 225. 11
"suitable cane land", in relation to a cane production area, means land that, 12
in all the circumstances, including the number of hectares included in 13
the cane production area, is-- 14
(a) capable of producing commercial cane crops with the use of 15
appropriate agricultural practices; and 16
(b) situated where cane may be transported economically to a mill 17
under a supply agreement applying to the cane; and 18
(c) suitable for growing cane indefinitely using practices to protect 19
the environment that are reasonable and practicable, having regard 20
to any guideline under a regulation or that may be made by a 21
relevant cane production board under section 144(d) or (e).166 22
"supply agreement" see section 38. 23
"sustainable production" means farming practices and systems that 24
maintain or enhance-- 25
(a) economic viability of production; and 26
(b) the natural resource base, that is, soil, land and water; and 27
(c) other ecosystems that are influenced by agricultural activities. 28
166 Section 144 (Functions and powers of a cane production board).
176
Sugar Industry
SCHEDULE 2 (continued)
"third party", for an application for a cancellation or variation of a cane 1
production area under chapter 2, part 1, division 2, means a mortgagee, 2
lessor or sublessor of the land affected by the variation. 3
"transfer" of a number of hectares from one cane production area to 4
another, means-- 5
(a) varying the first cane production area by cancelling the number of 6
hectares; and 7
(b) varying the second cane production area by allocating the same 8
number of hectares to it. 9
"transitional assignment", for chapter 8, part 2, see section 225. 10
"transitional easement", for chapter 8, part 2, see section 225. 11
"transitional permit", for chapter 8, part 2, see section 225. 12
"unallocated" hectares relating to a mill, means the number of hectares 13
decided under section 36167 as the total number of hectares that may be 14
included in cane production areas relating to the mill less the total 15
number of hectares already included in them. 16
"variation", of a cane production area, means-- 17
(a) variation of the description of land included in it; or 18
(b) cancellation of a, or increase in the, number of hectares included 19
in it; or 20
(c) variation in the conditions to which it is subject; or 21
(d) variation of the holder. 22
"verified" means verified in writing. 23
24
© State of Queensland 1999
167 Section 36 (Negotiating team must decide expansion of cane production areas)
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