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Banana Industry Amendment Bill
1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to reconstitute the membership of the Banana Industry Committee
("the Committee"), so that some of the
of the Committee are
elected by banana growers to represent particular regions of the banana
industry and to provide for the election of those regional members,
(b)
to change the voting entitlements of banana growers in polls, and to
provide for similar entitlements in elections, so that banana growers
will be able to cast up to 3 votes each depending on the size of the
plantation on which bananas are grown by or on behalf of the grower,
(c)
to provide that banana growers are not entitled to vote in a poll or
election unless they are fully paid up as regards charges, fees or other
amounts due and
to
Committee in respect of the previous
financial year,
(d)
to allow the Committee to fund groups or bodies who assist the
Committee in the exercise of the Committee's functions,
(e)
to remove the requirement that one of the members appointed by the
Minister to the Committee be a public servant,
(f)
to make other minor and consequential amendments.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 gives effect to the amendments to the Banana Industry Act 1987 as
set out in Schedule 1.
Schedule 1
Amendments
Reconstitution of Banana Industry Committee
At present the Banana Industry Committee consists of 2 ministerial
appointees and the persons holding office for the time being as members of
the Board of Directors of the Banana Growers Federation Co-operative
Limited ("the
The amendments to the Act contained in this Bill
the Committee
members who are Directors of the Federation with regional members. One
regional member of the Committee is to be elected for each region of the
banana industry. The Minister is to determine, by order, the number of
regions to be represented on the Committee and the boundaries of those
regions. In the event that the Minister makes a further determination that
changes the boundaries of the regions to be represented on the Committee, a
new election of members for the regions affected is required to be held. (See
Schedule 1 [2], [3] and [4])
Savings and transitional provisions remove from office the members of the
Committee who presently hold office by virtue of being Directors of the
Federation. (See Schedule 1 [33])
The Minister is given the power to determine different terms of office for
each of the first elected members of the Committee, so that their terms of
office need not expire at the same time. (See Schedule 1 [33])
Explanatory note page 2
Election of regional members
New Part 4A provides for the election of regional members of the Committee
by banana growers whose plantations are situated within the region
concerned. The provisions relating to the conduct of elections are similar to
existing provisions in the Act relating to the conduct of polls of banana
growers. The regulations may provide that application for enrolment in the
list of voters compiled for an election, and voting in an election, is
compulsory. (See Schedule 1 [15], [20], [21] and [22])
If a banana grower has a plantation that is situated in more than one region,
provision is made for the nomination by the banana grower of the region in
which he or she is entitled to vote. (See Schedule 1 [15])
Regional members of the Committee hold office for a period of 3 years,
subject to provisions in the Act relating to vacancies in office. The Minister
may appoint a person to fill a vacancy in the office of a regional member in
certain circumstances. (See Schedule 1 [24], [25] and [26])
Multiple votes
The voting entitlements of banana growers are changed so that in a poll
conducted under the Act, or an election of a regional member, a banana
grower will be entitled to cast up to 3 votes, depending on the size of the
banana grower's plantation. If the plantation has an area that does not exceed
4 hectares, the banana grower is entitled to one vote. If the plantation has an
area that exceeds 4 hectares but does not exceed 8 hectares, the banana
grower is entitled to 2 votes. If the plantation has an area that exceeds 8
hectares, the banana grower is entitled to 3 votes. The maximum number of
votes that a banana grower will be entitled to cast in an election or poll will
be 3 votes (regardless of whether the banana grower has an interest in more
than one plantation). Regulations may be made relating to the method of
determining a person's entitlement to vote. (See Schedule 1 [10], [15] and
[23])
At present, where 2 or more persons are banana growers in relation to one
plantation, only one of them is entitled to vote in a poll. This rule is extended
to elections. (See Schedule 1 [15])
Regulations may provide for voting entitlements where there is more than
one banana grower in relation to a plantation. (See Schedule 1 [10], [12]
and [15])
When compiling a list of voters for a poll or election, the Minister will be
required to include the voting entitlements of those voters in the list. A
person who is dissatisfied with the determination as to his or her voting
entitlement will be able to apply for review by a Local Court. (See Schedule
1 [8] and [15])
Explanatory note page 3
Entitlement to vote
A banana grower will not be entitled to vote in a poll or an election of a
regional member if the grower has not paid all charges, fees and other
amounts due and payable to the Committee under the Act in respect of the
previous financial year by the close of enrolments for the poll or election.
(See Schedule 1 [13] and [15])
Funding of groups
At present the Committee may fund any scheme or activity that, in the
Committee's opinion, is capable of assisting in the promotion or sale of
bananas. The amendments also give the Committee power to fund any group
or body that assists the Committee in the exercise of the Committee's
functions. (See Schedule 1 [5])
Removal of requirement that a member of the Committee be a
public servant
At present one of the 2 members of the Committee appointed by the Minister
must be a public servant. This requirement is removed. (See Schedule 1 [3]
and [27])
Other minor and consequential amendments
The current Chairperson of the Committee is removed from office. Instead
the Chairperson is to be elected by regional members from their number. (See
Schedule 1 [29] and [33])
The definition of advertisement is extended to include an advertisement that
appears in an official publication of the Committee (so that, for instance, a
poll can be advertised in a Committee publication). (See Schedule 1 [1]
and [17])
Some references to the functions of the Federation that are now obsolete are
removed. (See Schedule 1 [ 1 l ] and [14])
A provision of the Act is relocated to make it clear that persons acting under
the direction of the Committee are not personally liable for acts done in good
faith. In addition, the provision is extended to make it clear that liability for
omissions is also excluded. (See Schedule 1 [16] and [28])
Explanatory note page 4
Sections 27 and 30 of the Act are repealed by way of statute law revision.
Those sections are general provisions that make contravention of the Act an
offence and render the person guilty of such an offence liable to a penalty of
up to 20 penalty units ($2,000). The Bill replaces those provisions by
specifying the maximum penalty for each offence against the Act under the
offence concerned. (See Schedule 1 [6], [7], [9], [18] and [19])
Some of the provisions of Schedule 3 (Savings, transitional and other
provisions) are rearranged, as a consequence of the insertion of new
provisions in that Schedule. (See Schedule 1 [30], [31] and [32])
Explanatory note page 5