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Queensland
EGG INDUSTRY
(RESTRUCTURING) BILL
1993
Queensland
EGG INDUSTRY (RESTRUCTURING)
BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Over-quota eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--THE COMPANY
Division 1--Special provisions about the Company's board
6 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Functions of the chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Statutory director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Functions of statutory director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--The Company's constituent documents
11 The Company's memorandum and articles . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Transfer of assets and liabilities of the former egg
marketing authorities to the Company
12 Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Continuity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4--Share distribution scheme
14 Share distribution scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Classes of producers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Determination of notional value per quota hen . . . . . . . . . . . . . . . . . . . . . . . 17
2
Egg Industry (Restructuring)
17 Number of shares to be offered for subscription . . . . . . . . . . . . . . . . . . . . . . 18
18 Extent to which shares are to be paid-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
19 Exception related to recent acquisition of quotas . . . . . . . . . . . . . . . . . . . . . 19
Division 5--Administration of former egg marketing authorities and
distribution of shares in the Company
20 Administration of former egg marketing authorities after transfer date . . . . 20
21 Powers of former marketing authorities after transfer date . . . . . . . . . . . . . . 21
22 Costs of former egg marketing authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Distribution of shares in the Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Dissolution of former egg marketing authorities . . . . . . . . . . . . . . . . . . . . . . 22
Division 6--Distribution of shares among northern and independent
producers
25 Distribution of shares among northern and independent producers . . . . . . . 23
PART 3--ADMINISTRATION AND REVIEW
Division 1--Administration
26 Administrative responsibility of the Company . . . . . . . . . . . . . . . . . . . . . . . 23
27 The Company's responsibility to account for its administration . . . . . . . . . 24
28 Application of certain other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Ministerial direction
29 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Noncompliance with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Exclusion of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Egg Industry Review Committee
32 Establishment of Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Constitution of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Functions of Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Submissions and hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Report about effectiveness of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Costs of the Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Egg Industry (Restructuring)
PART 4--THE COMPULSORY MARKETING SCHEME
Division 1--Application and vesting of eggs
41 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
42 Vesting of eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Information to be given by producers
43 Information to be given by producers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3--Delivery of vested eggs
44 Delivery of vested eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Delivery requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Offences against compulsory delivery requirements . . . . . . . . . . . . . . . . . . . 31
Division 4--Exemptions
47 Exemption for eggs required by the producer . . . . . . . . . . . . . . . . . . . . . . . . 31
48 General exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Special exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 5--Egg pools
50 Egg pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51 Distribution of proceeds of sale of pooled eggs . . . . . . . . . . . . . . . . . . . . . . . 33
52 Separate treatment of certain eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 5--THE QUEENSLAND EGG INDUSTRY
MANAGEMENT AUTHORITY
Division 1--The Authority and its general powers
53 Establishment of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Role of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
55 General powers of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Ministerial direction
57 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
58 Noncompliance with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 3--Composition of the Authority
59 Composition of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4
Egg Industry (Restructuring)
Division 4--Proceedings of the Authority
62 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63 Procedure governing transaction of business . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 5--Staff and superannuation
66 Staff of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
67 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 6--General statutory responsibilities
68 Application of certain other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 6--HEN QUOTAS
Division 1--Basis of quota allocation
69 State quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
70 Deciding the State quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Publication of State quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Grant of hen quotas
72 Grant of quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Conditions of quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3--Amendment of quotas and temporary adjustment of
quota numbers
74 Amendment of quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
75 Temporary adjustment of quota numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--Transfer of quotas
76 Transfer of quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 5--Cancellation and surrender of quotas
77 Cancellation of quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Surrender of quota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 6--Offences
79 Unlawful keeping of hens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
80 Number of hens that a producer may keep . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 7--Exemptions
81 General exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Special exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
5
Egg Industry (Restructuring)
PART 7--REVIEW OF ADMINISTRATIVE DECISIONS
83 Application to Company or Authority for reconsideration of
administrative decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
84 Powers of Company or Authority on an application under this Part . . . . . . 48
85 Right to appeal to the Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
86 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
87 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
88 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
89 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
90 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 50
PART 8--ENFORCEMENT MATTERS
Division 1--Authorised persons
91 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
92 Terms of appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . 51
93 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
94 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
95 Production of authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . 52
96 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Powers of authorised persons in relation to places and
vehicles
97 Entry of place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
99 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 54
100 Entry or boarding of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101 General powers in relation to places and vehicles . . . . . . . . . . . . . . . . . . . . 57
Division 3--Other enforcement powers of authorised persons
102 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
103 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 59
104 Power to require production of quotas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 4--Other enforcement matters
105 Restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
106 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
107 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
6
Egg Industry (Restructuring)
108 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
109 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 62
110 Consent to entry by an authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
111 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
112 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
113 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 9--MISCELLANEOUS
114 Poll of producers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
115 Prosecution of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
116 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
117 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 10--REPEALS, AMENDMENT AND TRANSITIONAL
PROVISIONS
118 Repeal of the Poultry Industry Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
119 Amendment of Primary Producers' Organisation and Marketing
Act 1926 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120 Repeal of Hen Quotas Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
121 Repeal of certain orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
122 Continuance of quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
123 Hen quota fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
124 Continuation of Hen Quota Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
125 Continuity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
126 Staff of former egg marketing authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
127 Poultry Industry Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
1993
A BILL
FOR
An Act about the Queensland egg industry
8
Egg Industry (Restructuring)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
This Act may be cited as the Egg Industry (Restructuring) Act 4
Clause1.
1993. 5
6
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 7
8
Objects
Clause3. The objects of this Act are to-- 9
(a) restructure the Queensland egg industry; and 10
(b) provide for the transfer of the assets and liabilities of the Egg 11
Marketing Board and the Central Queensland Egg Marketing 12
Board to a company formed to take over the marketing functions 13
of the boards and to assume a general responsibility for the 14
marketing of eggs produced in the State; and 15
(c) provide for the equitable distribution of shares in the capital of the 16
company among egg producers, thus enabling producers to take 17
part in the affairs of the company; and 18
(d) provide for a compulsory marketing scheme, to be administered 19
by the company, to ensure as far as possible the equitable 20
distribution of profits from the marketing of eggs among 21
producers; and 22
(e) provide for the administration of a hen quota system to regulate 23
the keeping of hens for the commercial production of eggs. 24
9
Egg Industry (Restructuring)
1
Definitions
In this Act-- 2
Clause4.
"authorised person" means an authorised person appointed under Part 8, 3
Division 1; 4
"Authority" means the Queensland Egg Industry Management Authority; 5
"Central Queensland" means the part of the State for which CQEMB 6
was established; 7
"Company" means Australian Quality Egg Farms Limited 8
(A.C.N. 060702034); 9
"compulsory marketing scheme" means the scheme for the vesting, 10
delivery and sale of eggs established under Part 4; 11
"Council" means the Queensland Egg Industry Council; 12
"Court" in Part 7 means Magistrates Court; 13
"CQEMB" means the Central Queensland Egg Marketing Board 14
established under the Primary Producers' Organisation and 15
Marketing Act 1926; 16
"dissolution date" means the date fixed by regulation for the dissolution of 17
the former egg marketing authorities; 18
"eggs" means hen eggs, and includes products derived from hen eggs and 19
consisting substantially of egg solids, other than products excluded by 20
regulation from this definition; 21
"EMB" means the Egg Marketing Board established under the Primary 22
Products Pools Act 1922, and continued in existence as a commodity 23
board under the Primary Producers' Organisation and Marketing Act 24
1926; 25
"Far North Queensland" means the part of the State consisting of the 26
areas (as existing on 1 September 1993) of-- 27
(a) the City of Cairns; and 28
(b) the Shires of Atherton, Cardwell, Douglas, Eacham, Herberton, 29
Johnstone, Mareeba and Mulgrave; 30
"former egg marketing authorities" means CQEMB and EMB; 31
"hen" means a bird of the species Gallus gallus var. domesticus; 32
10
Egg Industry (Restructuring)
"industry" means the egg industry; 1
"Mid-North Queensland" means the part of the State consisting of the 2
areas (as existing on 1 September 1993) of-- 3
(a) the cities of Townsville, Charters Towers and Thuringowa; and 4
(b) the Shires of Bowen, Burdekin, Dalrymple, Hinchinbrook and 5
Whitsunday; 6
"obstruct" means-- 7
(a) obstruct, hinder or resist; or 8
(b) attempt to obstruct, hinder or resist; 9
"over-quota eggs" has the meaning given by section 5 (Over-quota eggs); 10
"person in control of a vehicle" includes-- 11
(a) the driver of the vehicle; and 12
(b) the person in command of the vehicle; and 13
(c) the person who appears to be in control or command of the 14
vehicle; 15
"place" includes land and premises; 16
"premises" includes-- 17
(a) a building or other structure or part of a building or other 18
structure; and 19
(b) land where a building or other structure is situated; 20
"producer" means a person who carries on a business involving the 21
commercial production of eggs; 22
"public notice" means a notice published in a newspaper circulating 23
throughout the State; 24
"quota" means a licence authorising a producer to keep hens for the 25
commercial production of eggs; 26
"quota lease" means an arrangement under which a producer transfers a 27
right to keep hens for the commercial production of eggs on the basis 28
that the right will later revert to the transferor; 29
"quota number" means the number of hens that a producer is authorised 30
11
Egg Industry (Restructuring)
by a quota to keep for the commercial production of eggs; 1
"share distribution scheme" means the scheme for distributing 2
redeemable preference shares among producers prepared and approved 3
under Division 4 of Part 2; 4
"South Queensland" means the part of the State for which EMB was 5
established; 6
"State quota" has the meaning given by section 69 (State quota); 7
"transfer date" means a date fixed by regulation as the transfer date; 8
"vehicle" includes an aircraft and a boat. 9
eggs 10
Over-quota
If, during a particular period, a quantity of eggs produced by a 11
Clause5.(1)
producer's hens is more than the quantity worked out under subsection (2) 12
(the producer's "production quota"), the quantity over is "over-quota 13
eggs". 14
(2) A producer's production quota for a particular period is worked out 15
by multiplying the producer's quota number by a quantity decided from a 16
scale prescribed by regulation. 17
PART 2--THE COMPANY 18
1--Special provisions about the Company's board 19
Division
20
Chairperson
The chairperson of the board of directors of the Company must 21
Clause6.(1)
be a person appointed by the Governor in Council. 22
(2) The term of appointment is as decided by the Governor in Council, 23
but may not extend beyond 31 December 1998. 24
(3) The chairperson ceases to hold office if the chairperson-- 25
12
Egg Industry (Restructuring)
(a) resigns by signed notice given to the Minister; or 1
(b) completes a term of office and is not reappointed; or 2
(c) is convicted of an indictable offence or an offence against this 3
Act; or 4
(d) is removed from office by the Governor in Council under 5
subsection (4). 6
(4) The Governor in Council may remove the chairperson from office if 7
the chairperson-- 8
(a) engages in misbehaviour; or 9
(b) becomes incapable of performing the duties of the chairperson 10
because of physical or mental incapacity; or 11
(c) is incompetent; or 12
(d) does anything that, in the Governor in Council's opinion, is a 13
reasonable and sufficient justification for removal from office. 14
(5) The chairperson may be removed from office only under this section. 15
of the chairperson 16
Functions
Clause7.(1) The functions of the chairperson of the Company are-- 17
(a) to report to the Minister on the operations of the Company and its 18
financial position; and 19
(b) to report to the Minister on any significant operational problems 20
encountered by the Company; and 21
(c) to report to the Minister on any matter on which the Minister 22
requests a report. 23
(2) A report may be made under subsection (1) without breach of any 24
fiduciary duty or duty of confidence. 25
(3) The duties imposed by this section are in addition to the duties that 26
the chairperson of the Board of the Company has apart from this section. 27
13
Egg Industry (Restructuring)
director 1
Statutory
Apart from the chairperson, another director of the Company 2
Clause8.(1)
(the "statutory director") must be a person appointed by the Governor in 3
Council. 4
(2) A person is eligible for appointment as the statutory director of the 5
Company if the person-- 6
(a) is an officer of the department with extensive experience of the 7
egg industry; or 8
(b) has qualifications and experience in public administration, 9
commodity marketing, business administration or financial 10
administration. 11
(3) The term of appointment is as decided by the Governor in Council, 12
but may not extend beyond 31 December 1998. 13
(4) The statutory director ceases to hold office if the statutory director-- 14
(a) resigns by signed notice given to the Minister; or 15
(b) completes a term of office and is not reappointed; or 16
(c) is convicted of an indictable offence or an offence against this 17
Act; or 18
(d) is removed from office by the Governor in Council under 19
subsection (5). 20
(5) The Governor in Council may remove the statutory director from 21
office if the statutory director-- 22
(a) engages in misbehaviour; or 23
(b) becomes incapable of performing the duties of the statutory 24
director because of physical or mental incapacity; or 25
(c) is incompetent; or 26
(d) does anything that, in the Governor in Council's opinion, is a 27
reasonable and sufficient justification for removal from office. 28
(6) The statutory director may be removed from office only under this 29
section. 30
14
Egg Industry (Restructuring)
of statutory director 1
Functions
The statutory director must report to the Minister, as and when 2
Clause9.(1)
required by the Minister, on questions affecting the operations or 3
performance of the Company. 4
(2) A report may be made under subsection (1) without breach of any 5
fiduciary duty or duty of confidence. 6
(3) The duty imposed by this section is in addition to the duties that the 7
statutory director has, apart from this section, as a director of the Company. 8
of interests 9
Disclosure
Clause10.(1) This section applies to a director of the Company if-- 10
(a) the director has a direct or indirect financial interest in an issue 11
being considered, or about to be considered, by the Company's 12
board of directors (other than an interest the director has in 13
common with producers generally, a substantial class of 14
producers or some other substantial class); and 15
(b) the interest could conflict with the proper performance of the 16
director's duties about the consideration of the issue. 17
(2) As soon as practicable after the relevant facts come to the director's 18
knowledge, the director must disclose the nature of the interest to a meeting 19
of the board. 20
(3) The disclosure must be recorded in the minutes of the board of 21
directors and the director must not, without the Board's approval-- 22
(a) be present when the board considers the issue; or 23
(b) take part in a decision of the board about the issue. 24
(4) Another director who also has a direct or indirect financial interest in 25
the issue must not-- 26
(a) be present when the board is considering its decision to give an 27
approval mentioned in subsection (3); or 28
(b) take part in making the decision to give the approval. 29
15
Egg Industry (Restructuring)
2--The Company's constituent documents 1
Division
Company's memorandum and articles 2
The
The Company's memorandum and articles must be consistent 3
Clause11.(1)
with this Act. 4
(2) If there is any inconsistency between this Act and the memorandum 5
and articles of the Company, this Act prevails and the memorandum and 6
articles are void to the extent of the inconsistency. 7
Division 3--Transfer of assets and liabilities of the former egg 8
marketing authorities to the Company 9
of assets and liabilities 10
Transfer
The assets and liabilities of the former egg marketing 11
Clause12.(1)
authorities are transferred to the Company on the transfer date and become 12
assets and liabilities of the Company. 13
(2) In consideration of the transfer, the Company must issue to each 14
former egg marketing authority redeemable preference shares in accordance 15
with the share distribution scheme. 16
(3) The "net value of the transferred assets" of a former egg 17
marketing authority is the amount by which the market value of its assets 18
exceeds its liabilities as at the transfer date. 19
(4) The net value of the transferred assets is to be decided by agreement 20
between the Company and the former egg marketing authority or, in default 21
of agreement, by the Minister on the basis of professional advice. 22
(5) If the net value of the transferred assets of a former egg marketing 23
authority is decided by the Minister under subsection (4), the authority must 24
pay costs reasonably incurred by the Minister in obtaining professional 25
advice on which to base the decision. 26
(6) Although the transfer takes effect by force of this section-- 27
(a) instruments of transfer between the former egg marketing 28
authorities and the Company must be executed and, if 29
appropriate, registered as if the transfer were made by the former 30
16
Egg Industry (Restructuring)
egg marketing authorities on sale of their respective undertakings 1
to the Company; and 2
(b) the instruments attract stamp duty as if they were transfers on 3
sale; and 4
(c) the Company is liable for the costs of preparing, stamping and 5
registering the instruments. 6
of proceedings 7
Continuity
Clause13.(1) The transfer of assets and liabilities cannot give rise to a claim 8
for breach of contract or breach of another legal or equitable obligation, nor 9
can it be used as a ground for terminating a contract or other instrument or 10
exercising another legal or equitable remedy. 11
(2) A proceeding by or against a former egg marketing authority that was 12
uncompleted at the transfer date may be continued by or against the 13
Company. 14
(3) A right of action by or against a former egg marketing authority 15
becomes a right of action by or against the Company. 16
4--Share distribution scheme 17
Division
distribution scheme 18
Share
A scheme for distributing redeemable preference shares in the 19
Clause14.
Company among producers is to be prepared and approved by regulation. 20
of producers 21
Classes
Producers are, for the purposes of the share distribution 22
Clause15.(1)
scheme, divided into 5 classes-- 23
(a) Central Queensland producers; and 24
(b) Far North Queensland producers; and 25
(c) Mid-North Queensland producers; and 26
(d) South Queensland producers; and 27
17
Egg Industry (Restructuring)
(e) independent producers. 1
(2) In this Part-- 2
"Central Queensland producers" are the producers who, on the transfer 3
date, were carrying on business in Central Queensland; and 4
"Far North Queensland producers" are the producers who, on the 5
transfer date-- 6
(a) were carrying on business in Far North Queensland; and 7
(b) were shareholders in Fresha Products (FNQ) Pty Ltd; and 8
"independent producers" are the producers who are not in any other class 9
established by this section; and 10
"Mid-North Queensland producers" are the producers who, on the 11
transfer date-- 12
(a) were carrying on business in Mid-North Queensland; and 13
(b) were shareholders in Fresha Products (NQ) Pty Ltd; and 14
"South Queensland producers" are the producers who, on the transfer 15
date, were carrying on business in South Queensland. 16
of notional value per quota hen 17
Determination
The share distribution scheme is to provide for determination 18
Clause16.(1)
of a notional value per quota hen for each class of producers. 19
(2) The notional value per quota hen is to be worked out in the following 20
way-- 21
(a) for South Queensland producers, the notional value per quota hen 22
is to be worked out (subject, however, to any provision of the 23
scheme providing for a different basis of calculation) by dividing 24
the net value of the assets transferred from EMB by the total of 25
the quota numbers of all South Queensland producers as at the 26
transfer date; 27
(b) for Central Queensland producers, the notional value per quota 28
hen is to be worked out (subject, however, to any provision of the 29
scheme providing for a different basis of calculation) by dividing 30
the net value of the assets transferred from CQEMB by the total 31
18
Egg Industry (Restructuring)
of the quota numbers of all Central Queensland producers as at 1
the transfer date; and 2
(c) for Mid-North Queensland producers, Far North Queensland 3
producers and independent producers, the respective notional 4
values per quota hen are to be worked out on a basis set out in the 5
share distribution scheme. 6
of shares to be offered for subscription 7
Number
The number of shares for which a producer is entitled to 8
Clause17.(1)
subscribe under the share distribution scheme is to be worked out (subject, 9
however, to the provisions of the scheme) by multiplying the producer's 10
quota number, as at the transfer date, by the number of shares per quota hen 11
decided under subsection (2). 12
(2) The number of shares per quota hen is a number equivalent to the 13
highest notional value per quota hen for any class of producers expressed in 14
dollars. 15
Example-- 16
Suppose that the highest notional value per quota hen for any class of 17
producers is $9.25. In that case, the number of shares per quota hen is 9.25. 18
(3) The shares to which South Queensland producers are entitled under 19
the share distribution scheme are to be issued to EMB in consideration of 20
the transfer of assets under Division 3. 21
(4) The shares to which Central Queensland producers are entitled under 22
the share distribution scheme are to be issued to CQEMB in consideration 23
of the transfer of assets under Division 3. 24
(5) The shares to which Mid-North Queensland producers and Far North 25
Queensland producers are entitled under the share distribution scheme are to 26
be issued to EMB so that they may be distributed by EMB's administrator, 27
in accordance with the scheme, among Mid-North Queensland producers 28
and Far North Queensland producers. 29
(6) If a producer's quota number, as at the transfer day, is affected by a 30
quota lease, the lease must be ignored, and the producer's quota number 31
decided as if there had been no transfer of rights under the quota lease. 32
19
Egg Industry (Restructuring)
to which shares are to be paid-up 1
Extent
Clause18.(1) The shares issued for subscription, under the share distribution 2
scheme, by producers of the class having the highest notional value per 3
quota hen are to be fully paid redeemable preference shares with a face 4
value of $1. 5
(2) The shares issued for subscription, under the share distribution 6
scheme, by any other class of producers are to be paid-up on issue to an 7
extent reflecting the ratio between the notional value per quota hen for the 8
class of producers concerned and the highest notional value per quota hen 9
for any class of producers. 10
Example-- 11
Suppose that the notional value per quota hen for the relevant class of 12
producers is $1.85 and the highest value per quota hen for any class of 13
producers is $9.25 (that is, an amount 5 times as much). In that case, the 14
shares issued for subscription by the producers of the relevant class are to 15
be paid up to the extent of $0.20. 16
related to recent acquisition of quotas 17
Exception
The purpose of this section is to avoid inequities between 18
Clause19.(1)
producers by ensuring that if a producer's quota number is wholly or 19
partially attributable to the recent acquisition of a quota or portion of a quota 20
from a producer in another region, the acquired quota or portion of a quota 21
will not, in consequence of the acquisition, confer more favourable, or less 22
favourable, rights to shares in the capital of the Company under the share 23
distribution scheme. 24
(2) If the quota number of a producer is attributable to the acquisition 25
since 1 September 1993 of a quota or part of a quota from a producer of 26
some other class, then, for the purpose of the share distribution scheme, the 27
producer must be treated (to the appropriate extent if the producer's quota 28
number is not wholly attributable to the acquisition) as if the producer were 29
of the same class as the producer from whom the quota or portion of a 30
quota was acquired. 31
20
Egg Industry (Restructuring)
5--Administration of former egg marketing authorities and 1
Division
distribution of shares in the Company 2
of former egg marketing authorities after transfer 3
Administration
date 4
On the transfer date, the members of each of the former egg 5
Clause20.(1)
marketing authorities cease to hold office (without any right to 6
compensation for loss of office). 7
(2) From the transfer date-- 8
(a) the constitution of each of the former egg marketing authorities is 9
suspended and each is to be administered by an administrator; 10
and 11
(b) the administrator has all the powers and functions of the 12
Authority (so far as the Authority continues to have powers and 13
functions under this Act). 14
(3) The administrator of a former egg marketing authority is the person 15
who holds office as chairperson of the Authority immediately before the 16
transfer date. 17
(4) However, the Minister may appoint an administrator if-- 18
(a) there is no chairperson to assume the office of administrator 19
under subsection (2); or 20
(b) the chairperson is unwilling to undertake the duties of 21
administrator; or 22
(c) the administrator dies or ceases to hold office. 23
(5) A person is eligible to be appointed as the administrator of a former 24
egg marketing authority if the person-- 25
(a) is a former member of the former egg marketing authority; or 26
(b) has extensive experience of the egg industry as a poultry farmer 27
or an administrator; or 28
(c) has qualifications and experience in public administration or 29
financial administration. 30
(6) The administrator ceases to hold office if the administrator-- 31
21
Egg Industry (Restructuring)
(a) resigns by signed notice given to the Minister; or 1
(b) completes a term of office and is not reappointed; or 2
(c) is convicted of an indictable offence or an offence against this 3
Act; or 4
(d) is removed from office by the Governor in Council under 5
subsection (7). 6
(7) The Governor in Council may remove the administrator from office 7
if the administrator-- 8
(a) engages in misbehaviour; or 9
(b) becomes incapable of performing the duties of the administrator 10
because of physical or mental incapacity; or 11
(c) is incompetent; or 12
(d) does anything that, in the Governor in Council's opinion, is a 13
reasonable and sufficient justification for removal from office. 14
(8) An administrator is entitled to remuneration at a rate decided by the 15
Company. 16
(9) On the dissolution date, the administrator ceases to hold office 17
(without any right to compensation for loss of office). 18
of former marketing authorities after transfer date 19
Powers
As from the transfer date, the powers that the former egg 20
Clause21.(1)
marketing authorities had apart from this Act are suspended and they have 21
the following powers-- 22
(a) to distribute shares and to do anything necessary for or incidental 23
to the distribution of shares under this Act; and 24
(b) to execute any instrument of transfer or other document to 25
evidence or give effect to the transfer of assets and liabilities 26
under this Act. 27
(2) A document apparently bearing the common seal of a former egg 28
marketing authority and the signature of the administrator is to be taken in 29
any legal proceeding, in the absence of evidence to the contrary, to have 30
been properly executed by the former egg marketing authority. 31
22
Egg Industry (Restructuring)
of former egg marketing authorities 1
Costs
Any costs incurred by a former egg marketing authority after the 2
Clause22.
transfer date (including remuneration of the administrator) are to be paid by 3
the Company. 4
of shares in the Company 5
Distribution
After the allocation of shares to a former egg marketing 6
Clause23.(1)
authority in consideration of the transfer of assets, the administrator must 7
invite applications for the shares from the producers in the former egg 8
marketing authority's region who held quotas on the transfer date. 9
(2) The invitation must be made by letter sent to the producer. 10
(3) An applicant is entitled to a number of shares decided in accordance 11
with the share distribution scheme. 12
(4) The shares are to be distributed by the administrator by way of 13
gratuitous transfer. 14
(5) Acceptance of a gratuitous transfer of shares by a person is sufficient 15
to signify agreement by the person to be bound by the memorandum and 16
articles of association of the Company. 17
of former egg marketing authorities 18
Dissolution
When the distribution of shares has been completed by the 19
Clause24.(1)
administrator of a former egg marketing authority, the administrator must 20
notify the Minister. 21
(2) When both administrators have notified completion of the 22
distribution, a regulation must be made appointing a date (the "dissolution 23
date") for the dissolution of the former egg marketing authorities. 24
(3) On the dissolution date, the former egg marketing authorities are 25
dissolved. 26
23
Egg Industry (Restructuring)
6--Distribution of shares among northern and independent 1
Division
producers 2
of shares among northern and independent producers 3
Distribution
Applications for shares are to be invited from Mid-North 4
Clause25.(1)
Queensland producers, Far North Queensland producers and independent 5
producers in accordance with the share distribution scheme. 6
(2) The invitation must be made to Mid-North Queensland producers 7
and Far North Queensland producers by EMB's administrator, and to 8
independent producers by the Company itself. 9
(3) The invitation must be made by letter sent to the producer. 10
(4) If a Mid-North Queensland producer or a Far North Queensland 11
producer applies to EMB's administrator for shares to which the producer 12
is entitled under the share distribution scheme, the administrator must 13
transfer the shares gratuitously. 14
(5) If an independent producer applies to the Company for shares to 15
which the producer is entitled under the share distribution scheme, the 16
Company must issue the shares gratuitously. 17
(6) An application for shares in response to an invitation under this 18
section is sufficient to signify agreement by the applicant to be bound by the 19
memorandum and articles of association of the Company. 20
PART 3--ADMINISTRATION AND REVIEW 21
Division 1--Administration 22
responsibility of the Company 23
Administrative
The Company is responsible for the administration and 24
Clause26.(1)
enforcement of this Act. 25
(2) However-- 26
24
Egg Industry (Restructuring)
(a) the Company is, in the performance of its statutory functions and 1
the exercise of its statutory powers, subject to direction by the 2
Minister under this Part; and 3
(b) the Authority is not subject to the Company's control or direction. 4
Company's responsibility to account for its administration 5
The
The Company is required to report on, and account for, its 6
Clause27.(1)
administration under the Financial Administration and Audit Act 1977. 7
(2) The Financial Administration and Audit Act 1977 applies to the 8
Company, subject to any changes prescribed by regulation, as if it were a 9
statutory body within the meaning of that Act. 10
of certain other laws 11
Application
The Company is-- 12
Clause28.(1)
(a) a public authority for the purposes of the Freedom of Information 13
Act 1992; and 14
(b) a unit of the public administration for the purposes of the 15
Criminal Justice Act 1989; and 16
(c) a unit of the public sector for the purposes of the Public Sector 17
Management Commission Act 1990; and 18
(d) a public authority for the purposes of the Libraries and Archives 19
Act 1988; and 20
(e) an authority for the purposes of the Parliamentary Commissioner 21
Act 1974. 22
(2) The Company is subject to the Judicial Review Act 1991. 23
(3) The mention of particular Acts in this section raises no implication 24
that the Company is not subject to other Acts. 25
25
Egg Industry (Restructuring)
2--Ministerial direction 1
Division
direction 2
Ministerial
The Minister may direct the Company about the performance 3
Clause29.(1)
of its statutory functions and the exercise of its statutory powers. 4
(2) A direction may only be given by the Minister under this section if-- 5
(a) the Minister is satisfied that exceptional circumstances exist 6
justifying the Minister's intervention in the public interest; and 7
(b) the Minister has given the Company written notice of intention to 8
exercise the power of direction; and 9
(c) the Company has been given a reasonable opportunity to discuss 10
the proposed direction with the Minister. 11
(3) If the Minister gives a direction to the Company-- 12
(a) the direction must be given in writing and must state the date it is 13
to take effect; and 14
(b) the direction must be published in the Gazette as soon as 15
practicable after it is given; and 16
(c) the direction must be tabled in the Legislative Assembly within 17
14 sitting days after it is given; and 18
(d) the Company may include in its next annual report-- 19
(i) the text of the direction; and 20
(ii) a statement of any effect that the direction has had, or is 21
expected to have, on the Company's operations. 22
(4) The Minister is not to be regarded as a director of the Company 23
because of the existence, or the exercise, of the power of direction conferred 24
by this section. 25
with direction 26
Noncompliance
If the Company fails to comply with a direction under this 27
Clause30.
Division, the Minister must draw the matter to the attention of the 28
Legislative Assembly. 29
26
Egg Industry (Restructuring)
of compensation 1
Exclusion
The Company is not entitled to compensation for any actual or 2
Clause31.
prospective loss because of a Ministerial direction under this Division. 3
Division 3--Egg Industry Review Committee 4
of Review Committee 5
Establishment
As from 1 January 1997, a committee called the Egg Industry 6
Clause32.
Review Committee is established. 7
of Committee 8
Constitution
The Review Committee is to consist of 5 members appointed 9
Clause33.(1)
by the Governor in Council. 10
(2) The members of the Review Committee are to consist of-- 11
(a) 1 (the chairperson) who is neither a producer nor a person with a 12
financial interest in the handling, marketing, processing, or 13
industrial or commercial use, of eggs; and 14
(b) the chairperson of the board of directors of the Company; and 15
(c) a representative of the department; and 16
(d) a representative of consumers of eggs; and 17
(e) a representative of the Queensland Egg Industry Council. 18
(3) The Governor in Council may appoint a member of the Review 19
Committee to act as chairperson-- 20
(a) during any vacancy, or all vacancies, in the office; or 21
(b) during any period, or all periods, when the chairperson is absent 22
from duty or from the State or cannot, for any reason, perform 23
official duties. 24
of office 25
Vacation
A member of the Review Committee may resign by signed 26
Clause34.(1)
27
Egg Industry (Restructuring)
notice given to the Minister. 1
(2) The Governor in Council may terminate the appointment of a 2
member of the Review Committee for any reason or none. 3
and allowances 4
Fees
The chairperson and other members of the Review Committee 5
Clause35.
are entitled to the fees and allowances that may be decided by the Governor 6
in Council. 7
8
Secretary
Clause36.(1) A secretary to the Review Committee is to be appointed. 9
(2) The secretary must be an officer of the department appointed by the 10
Minister. 11
of Review Committee 12
Functions
Clause37. The functions of the Review Committee are-- 13
(a) to review the Company's exercise of its statutory powers and 14
functions; and 15
(b) to assess the effectiveness of the compulsory marketing scheme 16
and the Company's administration of the compulsory marketing 17
scheme; and 18
(c) to recommend the continuation, amendment or abolition of the 19
compulsory marketing scheme in the light of its assessment. 20
and hearings 21
Submissions
The Review Committee may, by public advertisement, invite 22
Clause38.(1)
submissions from interested persons on any subject that is under 23
investigation by the Committee. 24
(2) The Review Committee may conduct public or private hearings on 25
any subject that is under investigation by the Committee. 26
28
Egg Industry (Restructuring)
about effectiveness of scheme 1
Report
The Review Committee must not later than 1 January 1998 2
Clause39.(1)
give a report to the Minister containing its assessment of the compulsory 3
marketing scheme and its recommendations about the continuation, 4
amendment or abolition of the scheme. 5
(2) Before completing its final report, the Review Committee must 6
publish an interim report and allow a reasonable time (at least 1 month) for 7
interested persons to make submissions to the Committee on the report. 8
(3) The Minister must table the report in the Legislative Assembly within 9
14 sitting days after receipt of the final report. 10
of the Committee 11
Costs
The costs and expenses of the Review Committee, other than 12
Clause40.(1)
the fees and allowances to be paid to its members, are to be paid by the 13
Company. 14
(2) The fees and allowances to be paid to the members of the Review 15
Committee are to be paid out of the department's funds. 16
PART 4--THE COMPULSORY MARKETING 17
SCHEME 18
Division 1--Application and vesting of eggs 19
20
Application
Clause41.(1) This Part applies to all eggs produced after the commencement 21
of this Act. 22
(2) However, this Part is suspended if-- 23
(a) the Company amends its articles of association to allow a person 24
who is not a producer to become a shareholder in the Company; 25
29
Egg Industry (Restructuring)
or 1
(b) shares in the Company are listed for trading on a stock exchange. 2
of eggs 3
Vesting
Clause42.(1) All eggs to which this Part applies vest in the Company. 4
(2) The vesting takes effect from the time the eggs are laid. 5
(3) If eggs vest in the Company under this Part, the producer has, instead 6
of a right to ownership of the eggs, a statutory right to payment after the 7
eggs are delivered to, and accepted and sold by, the Company. 8
2--Information to be given by producers 9
Division
to be given by producers 10
Information
A producer must give the Company information about the 11
Clause43.(1)
production of eggs as and when required by regulation. 12
(2) At the Company's request, a producer must give the Company 13
specified information within a reasonable time allowed in the request. 14
(3) The information that a producer may be required to give under this 15
section includes, for example-- 16
(a) information about the producer's flock management practices and 17
techniques; and 18
(b) the producer's plans for increasing or culling or otherwise 19
decreasing the flock of hens used in the commercial production of 20
eggs; and 21
(c) details of total production of eggs generally, eggs of a particular 22
class or grade, or eggs of each class and grade. 23
30
Egg Industry (Restructuring)
3--Delivery of vested eggs 1
Division
of vested eggs 2
Delivery
Clause44.(1) A producer must deliver vested eggs to the Company. 3
(2) The eggs must be delivered in accordance with the Company's 4
delivery requirements. 5
(3) The producer must, on delivering the eggs, give the person who 6
receives the eggs on the Company's behalf a form stating-- 7
(a) the name and address of the producer; and 8
(b) any other information required by regulation. 9
(4) This section does not apply to exempted eggs. 10
requirements 11
Delivery
Clause45.(1) The Company may decide delivery requirements-- 12
(a) fixing the times and places for delivery of vested eggs or any 13
class of vested eggs; and 14
(b) specifying minimum quality standards with which the eggs must 15
conform. 16
(2) The delivery requirements-- 17
(a) may apply generally to producers; or 18
(b) may apply to a particular class of producers or to individual 19
producers. 20
(3) The Company must notify producers of its delivery requirements 21
either by giving public notice of the delivery requirements or by notice 22
given individually to the producers affected by the delivery requirements. 23
(4) The Company must accept vested eggs delivered to it under this Act. 24
(5) However, the Company may decline to accept delivery of vested eggs 25
if-- 26
(a) the eggs are not delivered in accordance with the relevant delivery 27
requirements; or 28
31
Egg Industry (Restructuring)
(b) the eggs do not meet the minimum quality standards fixed by the 1
relevant delivery requirements; or 2
(c) the eggs are over-quota eggs. 3
against compulsory delivery requirements 4
Offences
A person must not remove, or arrange for or permit the 5
Clause46.(1)
removal of, vested eggs from the property on which they were produced 6
other than for the purpose of delivering them to the Company. 7
Maximum penalty--80 penalty units. 8
(2) A person must not part with possession of vested eggs, or receive 9
vested eggs, in contravention of the requirement that they be delivered to the 10
Company. 11
Maximum penalty--80 penalty units. 12
(3) A person must not sell or purchase, or purport to sell or purchase, 13
vested eggs in contravention of the requirement that they be delivered to the 14
Company. 15
Maximum penalty--80 penalty units. 16
Division 4--Exemptions 17
for eggs required by the producer 18
Exemption
Eggs that a producer retains for use on the property on which the 19
Clause47.
eggs were produced (but not for a commercial purpose prescribed by 20
regulation) are exempt from the compulsory marketing scheme. 21
exemption 22
General
The Company may, by public notice, exempt eggs from the 23
Clause48.(1)
compulsory marketing scheme. 24
(2) The notice of exemption must state-- 25
(a) the nature of the exemption; and 26
(b) the class of eggs to which the exemption applies (which may be 27
32
Egg Industry (Restructuring)
defined by reference to the areas in which the eggs are produced 1
or any other factor or combination of factors;) and 2
(c) the period for which the exemption is to apply; and 3
(d) any conditions to which the exemption is subject. 4
(3) The Company may, by public notice, revoke an exemption under this 5
section. 6
(4) In considering whether to make or revoke an exemption under this 7
section, the Company must have regard to-- 8
(a) seasonal conditions; and 9
(b) domestic requirements for eggs; and 10
(c) the effect the exemption is having or would have on the practical 11
efficiency of the Company's operations; and 12
(d) the effect the exemption is having or would have on the 13
Company's capacity to operate economically and profitably; and 14
(e) the interests of producers. 15
exemptions 16
Special
The Company may give a special exemption to a producer 17
Clause49.(1)
exempting all eggs produced by the producer's hens, eggs produced for 18
hatching, or eggs of another class specified in the exemption, from the 19
compulsory marketing scheme. 20
(2) In deciding whether to give a special exemption and, if so, the 21
conditions on which the exemption should be given, the Company should 22
attempt to achieve a reasonable balance between-- 23
(a) the need to maintain the integrity of the compulsory marketing 24
scheme; and 25
(b) the interests of the individual producers who apply for special 26
exemptions. 27
(3) If the Company decides to give a special exemption, a fee decided by 28
the Company must be paid by the applicant. 29
(4) A special exemption is subject to any conditions decided by the 30
Company and specified in the instrument of exemption. 31
33
Egg Industry (Restructuring)
(5) Conditions of a special exemption may, for example-- 1
(a) require the producer to give the Company details of-- 2
(i) the producer's total egg production (including the quantities 3
of each class and grade); or 4
(ii) the sales made under the special exemption (including the 5
quantities sold in each class and grade and the brand name 6
under which the eggs were sold); or 7
(iii) the producer's plans for increasing, or culling or otherwise 8
decreasing, the flock of productive hens; and 9
(b) allow the Company or an authorised person access to financial or 10
other records about the sale of eggs under the special exemption. 11
Division 5--Egg pools 12
pools 13
Egg
The Company may establish the egg pools that it considers 14
Clause50.(1)
appropriate. 15
(2) An egg pool may be established by reference to any combination of 16
any of the following factors-- 17
(a) the time of the delivery of the eggs; 18
(b) the area in which the eggs were produced; 19
(c) the quality or grade of the eggs; 20
(d) the characteristics of the eggs; 21
(e) the circumstances of the production of the eggs; 22
(f) another factor the Company considers appropriate. 23
of proceeds of sale of pooled eggs 24
Distribution
If the Company sells eggs from an egg pool, the net proceeds 25
Clause51.(1)
of sale must be distributed among the producers who contributed eggs to 26
the pool in proportion to the quantity of eggs contributed by each producer. 27
34
Egg Industry (Restructuring)
(2) The net proceeds of sale are the gross proceeds less-- 1
(a) the Company's costs incurred in receiving, handling, testing, 2
treating, storing, transporting, selling and delivering the eggs; and 3
(b) any costs to be recouped by the Company under 4
subsection (5)(c). 5
(3) The following deductions from the producer's share of the net 6
proceeds are authorised-- 7
(a) debts owing by the producer to the State or any body representing 8
the State; 9
(b) debts owing by the producer to the Company. 10
(4) The Company may enter into a contract with a producer under which 11
payment is to be made for eggs contributed by the producer to a pool on 12
some basis other than the basis provided by this section. 13
(5) The Company may, at any time, transfer the eggs remaining in a 14
particular pool (the "old pool") to another pool (the "new pool") and, in 15
that event-- 16
(a) the transfer is taken to be a notional sale of the remaining eggs to 17
the new pool for a fair price decided by the Company; and 18
(b) the Company must then distribute an amount equivalent to the 19
price decided by the Company among the producers who 20
contributed eggs to the old pool as if the eggs had actually been 21
sold by the Company; and 22
(c) the Company may recoup its costs from the sale of eggs from the 23
new pool. 24
treatment of certain eggs 25
Separate
Even though the Company has established a pool for a 26
Clause52.(1)
particular class of eggs, the Company may enter into a contract with a 27
producer to market the eggs produced by the producer separately from the 28
eggs in the pool. 29
(2) If the Company accepts over-quota eggs from a producer, it may 30
include the eggs in a pool only if the pool consists only of over-quota eggs. 31
35
Egg Industry (Restructuring)
ART 5--THE QUEENSLAND EGG INDUSTRY 1
P
MANAGEMENT AUTHORITY 2
1--The Authority and its general powers 3
Division
of the Authority 4
Establishment
The Queensland Egg Industry Management Authority is 5
Clause53.(1)
established. 6
(2) The Authority-- 7
(a) is a body corporate; and 8
(b) has a seal; and 9
(c) may sue and be sued in its corporate name. 10
(3) Judicial notice must be taken of the imprint of the Authority's seal 11
appearing on a document and the document must be presumed to have been 12
properly sealed unless the contrary is proved. 13
of the Authority 14
Role
The Authority is responsible for administering the statutory hen 15
Clause54.
quota system established by this Act. 16
powers of the Authority 17
General
The Authority has, in the performance of its functions, all the 18
Clause55.(1)
powers of a natural person and may, for example-- 19
(a) enter into contracts; and 20
(b) acquire, hold, deal with and dispose of property; and 21
(c) appoint agents and attorneys; and 22
(d) make charges for services provided by it. 23
(2) The Authority may recover a fee or charge that is due to it under this 24
Act as a debt. 25
36
Egg Industry (Restructuring)
1
Delegation
Clause56.(1) The Authority may delegate its powers to-- 2
(a) a committee formed by the Authority; or 3
(b) a member of the Authority; or 4
(c) a member of the Authority's staff. 5
(2) The Authority may delegate powers only if satisfied that the 6
committee to which, or the person to whom, the delegation is proposed has 7
the expertise and experience necessary for the proper exercise of the 8
powers. 9
2--Ministerial direction 10
Division
direction 11
Ministerial
The Minister may direct the Authority in relation to the 12
Clause57.(1)
performance of its statutory functions and the exercise of its statutory 13
powers. 14
(2) A direction may only be given by the Minister under this section if-- 15
(a) the Minister is satisfied that exceptional circumstances exist 16
justifying the Minister's intervention in the public interest; and 17
(b) the Minister has given the Authority written notice of intention to 18
exercise the power of direction; and 19
(c) the Authority has been given a reasonable opportunity to discuss 20
the proposed direction with the Minister. 21
(3) If the Minister gives a direction to the Authority-- 22
(a) the direction must be given in writing and must state the date it is 23
to take effect; and 24
(b) the direction must be published in the Gazette as soon as 25
practicable after it is given; and 26
(c) the direction must be tabled in the Legislative Assembly within 27
14 sitting days after it is given; and 28
37
Egg Industry (Restructuring)
(d) the Authority may include the text of the direction in its next 1
annual report. 2
with direction 3
Noncompliance
If the Authority fails to comply with a direction under this 4
Clause58.
Division, the Minister must draw the matter to the attention of the 5
Legislative Assembly. 6
3--Composition of the Authority 7
Division
of the Authority 8
Composition
Clause59.(1) The Authority is to consist of the following members-- 9
(a) a chairperson who must be independent of the Government and 10
the industry; 11
(b) an officer of the department with experience in the industry; 12
(c) a producer nominated by the Council or, if the Council fails to 13
make a nomination, by the Company. 14
(2) The chairperson and other members of the Authority are to be 15
appointed by the Governor in Council. 16
(3) The Governor in Council may appoint a person to act as a member of 17
the Authority during any period, or all periods, when a particular member is 18
absent or cannot, for any reason, perform the duties of office. 19
of office 20
Term
Clause60.(1) A member of the Authority is to be appointed for a term of not 21
more than 3 years. 22
(2) A member of the Authority ceases to hold office if the member-- 23
(a) resigns by signed notice given to the Minister; or 24
(b) completes a term of office and is not reappointed; or 25
(c) is convicted of an indictable offence or an offence against this 26
Act; or 27
38
Egg Industry (Restructuring)
(d) is removed from office by the Governor in Council under 1
subsection (3). 2
(3) The Governor in Council may remove a member of the Authority 3
from office if the member-- 4
(a) engages in misbehaviour; or 5
(b) becomes incapable of performing the duties of a member of the 6
Authority because of physical or mental incapacity; or 7
(c) is incompetent; or 8
(d) does anything that, in the Governor in Council's opinion, is a 9
reasonable and sufficient justification for removal from office. 10
and allowances 11
Fees
The members of the Authority are entitled to the fees and 12
Clause61.
allowances that may be decided by the Governor in Council. 13
4--Proceedings of the Authority 14
Division
and place of meetings 15
Time
Clause62.(1) Meetings of the Authority are to be held at the times and places 16
the Authority decides. 17
(2) However, the chairperson may convene a meeting of the Authority at 18
any time. 19
governing transaction of business 20
Procedure
The chairperson is to preside at all meetings at which the 21
Clause63.(1)
chairperson is present. 22
(2) If the chairperson is absent, the member chosen by the members 23
present is to preside. 24
(3) At a meeting of the Authority-- 25
(a) 2 members form a quorum; and 26
39
Egg Industry (Restructuring)
(b) a question is to be decided by a majority of votes of members 1
present and voting; and 2
(c) each member present has 1 vote on each question to be decided 3
and, if the votes are equal, the member presiding at the meeting 4
has a casting vote. 5
(4) The Authority may regulate its proceedings (including its meetings) 6
as it considers appropriate. 7
(5) The Authority may hold meetings, or permit members to take part in 8
meetings, by telephone, closed-circuit television or another form of 9
communication. 10
(6) A member who takes part in a meeting of the Authority by 11
permission under subsection (5) is taken to be present at the meeting. 12
(7) If-- 13
(a) all members of the Authority agree, in writing, to a proposed 14
resolution of the Authority; and 15
(b) notice of the proposed resolution was given under procedures 16
approved by the Authority; 17
the resolution is a valid resolution of the Authority, even though it was not 18
passed at a meeting of the Authority. 19
of interests 20
Disclosure
Clause64.(1) This section applies to a member of the Authority if-- 21
(a) the member has a direct or indirect financial interest in an issue 22
being considered, or about to be considered, by the Authority 23
(other than an interest that the member has in common with 24
producers generally, a substantial class of producers or some 25
other substantial class); and 26
(b) the interest could conflict with the proper performance of the 27
member's duties about the consideration of the issue. 28
(2) As soon as practicable after the relevant facts come to the member's 29
knowledge, the member must disclose the nature of the interest to a meeting 30
of the Authority. 31
(3) The disclosure must be recorded in the Authority's minutes and the 32
40
Egg Industry (Restructuring)
member must not, without the Authority's approval-- 1
(a) be present when the Authority considers the issue; or 2
(b) take part in a decision of the Authority on the issue. 3
(4) Another member who also has a direct or indirect financial interest in 4
the issue must not-- 5
(a) be present when the Authority is making its decision to give an 6
approval mentioned in subsection (3); or 7
(b) take part in making the decision to give the approval. 8
inutes 9
M
Clause65. The Authority must keep minutes of its proceedings. 10
Division 5--Staff and superannuation 11
of the Authority 12
Staff
The Authority may employ, or engage the services of, the 13
Clause66.(1)
employees, consultants and contractors that are necessary for the 14
administration and enforcement of this Act. 15
(2) The terms of employment of the Authority's employees are to be 16
decided by it. 17
(3) However, subsection (2) has effect subject to any relevant industrial 18
award or agreement. 19
schemes 20
Superannuation
The Authority may, with the Governor in Council's approval, 21
Clause67.(1)
establish and maintain, or participate in, a scheme to provide superannuation 22
benefits for its employees and members and, for the purpose-- 23
(a) establish and maintain any fund; and 24
(b) contribute to the scheme. 25
(2) The Authority may, with the Governor in Council's approval, amend 26
41
Egg Industry (Restructuring)
a scheme established by it. 1
(3) An approval under subsection (1) or (2) may be given on conditions. 2
(4) The conditions of an approval may, for example, authorise the 3
Auditor-General to audit accounts and records of any scheme established 4
and maintained by the Authority. 5
6--General statutory responsibilities 6
Division
of certain other laws 7
Application
Clause68.(1) The Authority is-- 8
(a) a public authority for the purposes of the Freedom of Information 9
Act 1992; and 10
(b) a unit of the public administration for the purposes of the 11
Criminal Justice Act 1989; and 12
(c) a unit of the public sector for the purposes of the Public Sector 13
Management Commission Act 1990; and 14
(d) a public authority for the purposes of the Libraries and Archives 15
Act 1988; and 16
(e) an authority for the purposes of the Parliamentary Commissioner 17
Act 1974. 18
(2) The Authority is subject to the Judicial Review Act 1991. 19
(3) The mention of particular Acts in this section raises no implication 20
that the Authority is not subject to other Acts. 21
42
Egg Industry (Restructuring)
PART 6--HEN QUOTAS 1
1--Basis of quota allocation 2
Division
quota 3
State
The basis on which the Authority is to allocate quotas and decide 4
Clause69.
quota numbers under this Act is to be a State quota representing the 5
maximum number of hens that may be economically used for the 6
commercial production of eggs in the State without adversely affecting the 7
stability of the industry. 8
the State quota 9
Deciding
The Authority is to decide the State quota and may revise the 10
Clause70.(1)
State quota from time to time. 11
(2) Before the Authority decides or revises the State quota, the Authority 12
must consult with the Company. 13
of State quota 14
Publication
When the Authority decides or revises the State quota, the State 15
Clause71.
quota or the revised State quota must be published in the Gazette. 16
Division 2--Grant of hen quotas 17
of quota 18
Grant
On the application of a person who proposes to carry on 19
Clause72.(1)
business as a commercial producer of eggs, the Authority may grant the 20
applicant a hen quota authorising the applicant to keep a specified number of 21
hens (the "quota number") for the commercial production of eggs. 22
(2) An application for a quota-- 23
(a) must be made in writing to the Authority and must contain the 24
43
Egg Industry (Restructuring)
information required by the Authority; and 1
(b) must be accompanied by the fee prescribed by regulation. 2
of quota 3
Conditions
Clause73.(1) A quota is subject to-- 4
(a) conditions prescribed by regulation; and 5
(b) other conditions decided by the Authority and specified in the 6
quota. 7
(2) The holder of a quota must pay an annual fee, to be fixed in 8
accordance with a scale prescribed by regulation. 9
(3) If the fee is not paid within 3 months after the date fixed in an account 10
for payment given to the holder of the quota, the quota-- 11
(a) is suspended until the fee is paid; and 12
(b) may be cancelled by the Authority if the fee is not paid within a 13
further 3 months. 14
3--Amendment of quotas and temporary adjustment of quota 15
Division
numbers 16
of quotas 17
Amendment
On the application of the holder of a quota, the Authority 18
Clause74.(1)
may-- 19
(a) increase or reduce the quota number; or 20
(b) amend a condition of the quota. 21
(2) If the holder of a quota contravenes a provision of this Act or a 22
condition to which the quota is subject, the Authority may, by written notice 23
given to the holder, reduce the quota number, amend the conditions to 24
which the quota is subject, or both. 25
(3) Before the Authority exercises its powers under subsection (2) to 26
reduce a quota number or amend the conditions to which a quota is subject, 27
the Authority must allow the holder of the quota a reasonable opportunity to 28
44
Egg Industry (Restructuring)
make representations to the Authority or an officer of the Authority on the 1
proposed action. 2
adjustment of quota numbers 3
Temporary
If the Authority is of the opinion that seasonal or market 4
Clause75.(1)
conditions justify a temporary increase or decrease of quota numbers, the 5
Authority may, by Gazette notice, adjust numbers by a percentage increase 6
or decrease. 7
(2) An adjustment under this section operates for the period specified in 8
the notice. 9
(3) The Authority must notify each quota holder by letter of a temporary 10
increase or decrease of the quota numbers under this section. 11
4--Transfer of quotas 12
Division
of quotas 13
Transfer
The holder of a quota may, with the approval of the 14
Clause76.(1)
Authority-- 15
(a) transfer the quota to another person; or 16
(b) transfer part of the quota number to another person. 17
(2) An application for the Authority's approval under this section-- 18
(a) must be made in writing to the Authority and must contain the 19
information required by the Authority; and 20
(b) must be accompanied by the fee prescribed by regulation. 21
(3) The Authority may grant its approval under this section on conditions 22
that the Authority considers appropriate. 23
(4) If the Authority approves the transfer of part of a quota number under 24
this section-- 25
(a) the applicant's quota number is reduced by the number approved 26
for transfer by the Authority; and 27
(b) if the transferee holds a quota, the transferee's quota number is 28
45
Egg Industry (Restructuring)
increased by the number approved for transfer by the Authority 1
and, if not, the Authority must issue a quota in the name of the 2
transferee with a quota number not less than the number 3
approved for transfer by the Authority. 4
(5) A quota lease has no effect unless approved as a transfer under this 5
section. 6
(6) A quota lease does not affect the lessor's or the lessee's liabilities 7
under this Act or under the articles of association of the Company. 8
(7) However, when the lessor makes a payment under this Act or the 9
articles of association of the Company towards a liability the lessor has as 10
the holder of a quota, the lessor may recover a proportion of the payment as 11
a debt from the lessee. 12
(8) The proportion is the same proportion the number of hens covered by 13
the quota lease bears to the lessor's quota number immediately before the 14
lease was granted. 15
5--Cancellation and surrender of quotas 16
Division
of quota 17
Cancellation
Clause77.(1) If the holder of a quota contravenes a provision of this Act or a 18
condition to which the quota is subject, the Authority may cancel the quota 19
by written notice given to the holder of the quota. 20
(2) Before the Authority exercises its powers under subsection (1) to 21
cancel a quota, the Authority must allow the holder of the quota a 22
reasonable opportunity to make representations to the Authority or an 23
officer of the Authority on the proposed action. 24
of quota 25
Surrender
The holder of a quota may, by written notice given to the 26
Clause78.
Authority-- 27
(a) surrender the quota; or 28
(b) voluntarily reduce the quota number. 29
46
Egg Industry (Restructuring)
6--Offences 1
Division
keeping of hens 2
Unlawful
A person must not keep hens for the commercial production of 3
Clause79.
eggs unless the person holds a quota. 4
Maximum penalty--20 penalty units. 5
of hens that a producer may keep 6
Number
A producer must not keep a number of hens for the commercial 7
Clause80.
production of eggs that is more than the producer's quota number. 8
Maximum penalty--20 penalty units. 9
Division 7--Exemptions 10
exemption 11
General
Clause81.(1) The Authority may, by public notice, give a general exemption 12
from the provisions, or any specified provisions, of this Part. 13
(2) The notice of exemption must state-- 14
(a) the nature of the exemption; and 15
(b) the period for which the exemption is to apply; and 16
(c) any conditions to which the exemption is subject. 17
(3) The Authority may, by public notice, revoke an exemption under this 18
section. 19
(4) In considering whether to give or revoke an exemption under this 20
section, the Authority must have regard to-- 21
(a) seasonal conditions; and 22
(b) domestic requirements for eggs; and 23
(c) the effect the exemption is having or would have on the industry. 24
47
Egg Industry (Restructuring)
exemptions 1
Special
The Authority may give a special exemption from this Part or 2
Clause82.(1)
specified provisions of this Part. 3
(2) In deciding whether to give a special exemption and, if so, the 4
conditions on which the exemption should be given, the Authority should 5
attempt to achieve a reasonable balance between-- 6
(a) the need to maintain the stability of the industry; and 7
(b) the interests of the individual producers who apply for special 8
exemptions. 9
(3) If the Authority decides to give a special exemption, a fee decided by 10
the Authority must be paid by the applicant. 11
(4) A special exemption is subject to conditions prescribed by regulation 12
and any additional conditions decided by the Authority and specified in the 13
instrument of exemption. 14
(5) If the person in whose favour a special exemption is given 15
contravenes a condition of the exemption, the Authority may revoke the 16
exemption by written notice given to the person. 17
PART 7--REVIEW OF ADMINISTRATIVE 18
DECISIONS 19
to Company or Authority for reconsideration of 20
Application
administrative decisions 21
A person aggrieved by a decision of the Company about the 22
Clause83.(1)
administration of the compulsory marketing scheme may apply to the 23
Company for reconsideration of the decision. 24
(2) A person aggrieved by a decision of the Authority under this Act 25
may apply to the Authority for reconsideration of the decision. 26
(3) An application must be made in writing setting out in detail the 27
grounds on which the applicant seeks reconsideration of the decision. 28
(4) A decision made by the Company or the Authority on an application 29
48
Egg Industry (Restructuring)
for reconsideration under this section cannot be the subject of a further 1
application for reconsideration under this section. 2
of Company or Authority on an application under this Part 3
Powers
The Company or the Authority may on an application under 4
Clause84.
section 83 confirm, amend or reverse the decision subject to the application. 5
to appeal to the Magistrates Court 6
Right
A person aggrieved by a decision of the Company or the 7
Clause85.(1)
Authority on a reconsideration under section 83 (Application to Company 8
or Authority for reconsideration of administrative decisions) may appeal 9
against the decision. 10
(2) The appeal may be made to the Magistrates Court nearest the place 11
where the aggrieved person lives or carries on a business, or proposes to 12
carry on a business, affected by the decision. 13
to start appeal 14
How
Clause86.(1) An appeal to a Magistrates Court is started by-- 15
(a) filing a written notice of appeal with the clerk of the court of the 16
Magistrates Court; and 17
(b) serving a copy of the notice on the respondent Company or 18
Authority. 19
(2) The notice of appeal must be filed within 28 days after the appellant 20
receives notice of the decision appealed against. 21
(3) The Court may at any time extend the period for filing the notice of 22
appeal. 23
(4) The notice of appeal must state the grounds of appeal. 24
of operation of decisions 25
Stay
The Magistrates Court has power to grant a stay of a decision 26
Clause87.(1)
appealed against for the purpose of securing the effectiveness of the appeal. 27
49
Egg Industry (Restructuring)
(2) A stay-- 1
(a) may be granted on conditions that the Court considers 2
appropriate; and 3
(b) has effect for the period specified by the Court; and 4
(c) may be revoked or amended by the Court. 5
(3) The period of a stay specified by the Court must not extend past the 6
time the Court decides the appeal. 7
(4) An appeal against a decision does not affect the operation or carrying 8
out of the decision unless the decision is stayed. 9
procedures 10
Hearing
The power under the Magistrates Courts Act 1921 to make 11
Clause88.(1)
rules for Magistrates Courts includes power to make rules for appeals to a 12
Magistrates Court under this Part. 13
(2) Subject to section 86, the procedure for an appeal to the Magistrates 14
Court is to be in accordance with-- 15
(a) the rules made under the Magistrates Courts Act 1921; or 16
(b) in the absence of relevant rules--directions of the Court. 17
(3) An appeal is to be by way of rehearing, unaffected by the decision 18
appealed against. 19
(4) In deciding an appeal, the Court-- 20
(a) is not bound by the rules of evidence; and 21
(b) must observe natural justice; and 22
(c) may hear the appeal in court or chambers. 23
of Court on appeal 24
Powers
Clause89.(1) In deciding an appeal, a Magistrates Court may-- 25
(a) confirm the decision appealed against; or 26
(b) set aside the decision and substitute another decision; or 27
(c) set aside the decision and return the matter to the respondent 28
50
Egg Industry (Restructuring)
Company or Authority with directions that the Court considers 1
appropriate. 2
(2) In substituting another decision, the Court has the same powers as the 3
respondent Company or Authority. 4
(3) If the Court substitutes another decision, the substituted decision is 5
taken, for the purposes of this Act, to be the decision of the respondent 6
Company or Authority. 7
to District Court on questions of law only 8
Appeal
A party aggrieved by the decision of the Magistrates Court may 9
Clause90.
appeal to a District Court, but only on a question of law. 10
PART 8--ENFORCEMENT MATTERS 11
Division 1--Authorised persons 12
of authorised persons 13
Appointment
Clause91.(1) The Company or the Authority may appoint its employees and 14
other persons to be authorised persons. 15
(2) Appointment as an authorised person of a person who is not an 16
employee of the Company or Authority does not, of itself, make the person 17
an employee. 18
(3) A person may be appointed to be an authorised person only if-- 19
(a) the person-- 20
(i) has satisfactorily completed a course of training approved by 21
the Minister; or 22
(ii) has, in the appointor's opinion, the necessary expertise or 23
experience to be an authorised person; and 24
(b) the appointment is approved by the chief executive of the 25
department. 26
51
Egg Industry (Restructuring)
(4) The appointor may limit the powers of an authorised person by 1
stating conditions in the instrument of appointment. 2
of appointment of authorised persons 3
Terms
An authorised person holds office on the conditions specified 4
Clause92.(1)
in the instrument of appointment. 5
(2) An authorised person-- 6
(a) if the appointment provides for a term of appointment--stops 7
holding office as an authorised person at the end of the term; and 8
(b) may resign by signed notice given to the appointor; and 9
(c) if the conditions of appointment provide--stops holding office as 10
an authorised person-- 11
(i) on stopping to hold some other office specified in the 12
conditions of appointment; or 13
(ii) on stopping to be employed by, or engaged under a contract 14
to provide services to, the appointor. 15
(3) If an authorised officer is appointed or stops holding office, the 16
appointor must-- 17
(a) in the case of an appointment--give the chief executive of the 18
department a copy of the instrument of appointment; and 19
(b) in the case of an authorised person stopping to hold office--give 20
the chief executive of the department notice stating when, and in 21
what circumstances, the authorised person stopped holding office. 22
of authorised persons 23
Powers
An authorised person has the powers given under this or 24
Clause93.(1)
another Act. 25
(2) A regulation may limit the powers of authorised persons of a 26
specified class. 27
52
Egg Industry (Restructuring)
cards 1
Identity
The Company must issue an identity card to each authorised 2
Clause94.(1)
person appointed by the Company and the Authority must issue an identity 3
card to each authorised person appointed by the Authority. 4
(2) The identity card must-- 5
(a) contain a recent photograph of the authorised person; and 6
(b) be in a form approved by the Minister; and 7
(c) be signed by the authorised person. 8
(3) A person who stops being an authorised person must return the 9
identity card to the appointor as soon as practicable after stopping to be an 10
authorised person, unless the person has a reasonable excuse for not 11
returning it. 12
Maximum penalty for subsection (3)--40 penalty units. 13
of authorised person's identity card 14
Production
An authorised person may exercise a power in relation to a 15
Clause95.(1)
person only if the authorised person displays the authorised person's 16
identity card for inspection by the person. 17
(2) If, for any reason, it is not practicable to comply with subsection (1), 18
the authorised person must produce the identity card for inspection by the 19
person at the first reasonable opportunity. 20
from liability 21
Protection
Clause96.(1) This section applies to-- 22
(a) an authorised person; and 23
(b) a person acting under the direction of an authorised person. 24
(2) The person does not incur civil liability for an act or omission done 25
honestly and without negligence under this Act. 26
(3) A liability that would, apart from this section, attach to the person 27
attaches instead to the Company or the Authority (according to whether the 28
53
Egg Industry (Restructuring)
person was purporting to act for the Company or for the Authority at the 1
time of the act or omission out of which the liability arose). 2
Division 2--Powers of authorised persons in relation to places and 3
vehicles 4
of place 5
Entry
Clause97. An authorised person may enter a place if-- 6
(a) the occupier of the place consents to the entry; or 7
(b) the place is a public place--the entry is made when-- 8
(i) members of the public attend; or 9
(ii) the place is open for admission by the public; or 10
(c) the place is a place used for the commercial production of 11
eggs--the entry is made when the place-- 12
(i) is open for conduct of business; or 13
(ii) is otherwise open for entry; or 14
(d) the entry is authorised by a warrant. 15
16
Warrants
An authorised person may apply to a Magistrate for a warrant 17
Clause98.(1)
for a place. 18
(2) The application must-- 19
(a) be sworn; and 20
(b) set out the grounds on which the warrant is sought. 21
(3) The Magistrate may refuse to consider the application until the 22
authorised person gives the Magistrate all the information the Magistrate 23
requires about the application in the way the Magistrate requires. 24
Example-- 25
The Magistrate may require additional information supporting the 26
application be given by statutory declaration. 27
54
Egg Industry (Restructuring)
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 1
there are reasonable grounds for suspecting-- 2
(a) there is a particular thing or activity (the "evidence") that may 3
provide evidence of the commission of an offence against this 4
Act; and 5
(b) the evidence is, or may be within the next 7 days, at the place. 6
(5) The warrant must state-- 7
(a) that the authorised person may, with necessary and reasonable 8
assistance and force-- 9
(i) enter the place; and 10
(ii) exercise the authorised person's powers under this Act; and 11
(b) the evidence for which the warrant is issued; and 12
(c) the hours of the day when entry may be made; and 13
(d) the day (within 14 days after the warrant's issue) on which the 14
warrant stops having effect. 15
made otherwise than in person 16
Warrants--applications
An authorised person may apply for a warrant by phone, fax, 17
Clause99.(1)
radio or another form of communication if the authorised person considers 18
it necessary because of-- 19
(a) urgent circumstances; or 20
(b) other special circumstances, including, for example, the 21
authorised person's remote location. 22
(2) Before applying for the warrant, the authorised person must prepare 23
an application setting out the grounds on which the warrant is sought. 24
(3) The authorised person may apply for the warrant before the 25
application is sworn. 26
(4) If the Magistrate issues the warrant and it is reasonably practicable to 27
fax a copy of it to the authorised person, the Magistrate must immediately 28
fax the copy to the authorised person. 29
(5) If the Magistrate issues the warrant but it is not reasonably practicable 30
55
Egg Industry (Restructuring)
to fax a copy of it to the authorised person-- 1
(a) the Magistrate must-- 2
(i) tell the authorised person what the terms of the warrant are; 3
and 4
(ii) tell the authorised person the date and time the warrant was 5
signed; and 6
(iii) record the reasons for issuing the warrant on the warrant; 7
and 8
(b) the authorised person must-- 9
(i) complete a form of warrant ("warrant form") in the same 10
terms as the warrant issued by the Magistrate; and 11
(ii) write on the warrant form the name of the Magistrate and the 12
date and time the Magistrate signed the warrant. 13
(6) The facsimile warrant, or the warrant form properly completed by the 14
authorised person, is authority for the entry and the exercise of the other 15
powers authorised by the warrant issued by the Magistrate. 16
(7) The authorised person must send to the Magistrate-- 17
(a) the sworn application; and 18
(b) if a warrant form was completed by the authorised person--the 19
completed warrant form. 20
(8) The sworn application and any completed warrant form must be sent 21
to the Magistrate at the earliest practicable opportunity. 22
(9) When the Magistrate receives the application and any warrant form, 23
the Magistrate must attach them to the warrant issued by the Magistrate. 24
(10) If-- 25
(a) it is material for a court to be satisfied the exercise of a power was 26
authorised by a warrant issued under this section; and 27
(b) the warrant is not produced in evidence; 28
the court must assume the exercise of power was not authorised by a 29
warrant, unless the contrary is proved. 30
56
Egg Industry (Restructuring)
or boarding of vehicles 1
Entry
An authorised person may enter or board a vehicle if the 2
Clause100.(1)
authorised person has reasonable grounds for suspecting-- 3
(a) the vehicle is being, or has been, used in the commission of an 4
offence against this Act; or 5
(b) the vehicle, or a thing in or on the vehicle, may provide evidence 6
of the commission of an offence against this Act. 7
(2) If the vehicle is moving or about to move, the authorised person may 8
signal the person in control of the vehicle-- 9
(a) to stop the vehicle; or 10
(b) not to move the vehicle. 11
(3) To enable the vehicle to be entered or boarded, the authorised person 12
may-- 13
(a) act with necessary and reasonable assistance and force; and 14
(b) require the person in control of the vehicle to give reasonable 15
assistance to the authorised person. 16
(4) A person must not disobey a signal under subsection (2), unless the 17
person has a reasonable excuse. 18
Maximum penalty--40 penalty units. 19
(5) A person must not fail to comply with a requirement under 20
subsection (3)(b), unless the person has a reasonable excuse. 21
Maximum penalty--40 penalty units. 22
(6) It is a reasonable excuse for a person to disobey a signal under 23
subsection (2) if-- 24
(a) the person reasonably believes that to obey the signal immediately 25
would have endangered the person or another person; and 26
(b) the person obeys the signal as soon as it is practicable to obey it. 27
powers in relation to places and vehicles 28
General
An authorised person who enters a place, or enters or boards 29
Clause101.(1)
a vehicle, under this Part may-- 30
57
Egg Industry (Restructuring)
(a) inspect, examine, photograph or film anything in or on the place 1
or vehicle; or 2
(b) search any part of the place or vehicle; or 3
(c) take samples of or from anything in or on the place or vehicle; or 4
(d) take extracts from, or make copies of, any documents in or on the 5
place or vehicle; or 6
(e) take into or onto the place or vehicle any persons, equipment and 7
materials that the authorised person reasonably requires for 8
exercising any powers in relation to the place or vehicle; or 9
(f) require the occupier of the place, or any person in or on the place 10
or vehicle, to give the authorised person reasonable assistance in 11
relation to the exercise of the powers mentioned in paragraphs (a) 12
to (e); or 13
(g) if the authorised person enters or boards a vehicle--require the 14
person in control of the vehicle-- 15
(i) to bring the vehicle to a specified place; and 16
(ii) to remain in control of the vehicle at the place for a 17
reasonable time; 18
to enable the authorised person to exercise the powers mentioned 19
in paragraphs (a) to (e). 20
(2) A person who is required by an authorised person under 21
subsection (1)(f) to give reasonable assistance to the authorised person in 22
relation to the exercise of a power must comply with the requirement, 23
unless the person has a reasonable excuse for not complying with it. 24
Maximum penalty--40 penalty units. 25
(3) If the assistance is required to be given by a person by-- 26
(a) answering a question; or 27
(b) producing a document (other than a document required to be kept 28
by the person under this Act); 29
it is a reasonable excuse for the person to fail to answer the question, or 30
produce the document, if complying with the requirement might tend to 31
incriminate the person. 32
58
Egg Industry (Restructuring)
(4) A person who is required by an authorised person under 1
subsection (1)(g) to take action in relation to a vehicle must comply with the 2
requirement, unless the person has a reasonable excuse for not complying 3
with it. 4
Maximum penalty--40 penalty units. 5
Division 3--Other enforcement powers of authorised persons 6
to require name and address 7
Power
An authorised person may require a person to state the 8
Clause102.(1)
person's name and address if the authorised person-- 9
(a) finds the person committing an offence against this Act; or 10
(b) finds the person in circumstances that lead, or has information 11
that leads, the authorised person to suspect on reasonable grounds 12
the person has just committed an offence against this Act. 13
(2) When making the requirement, the authorised person must warn the 14
person it is an offence to fail to state the person's name and address, unless 15
the person has a reasonable excuse. 16
(3) The authorised person may require the person to give evidence of the 17
correctness of the person's name or address if the authorised person 18
suspects, on reasonable grounds, that the name or address given is false. 19
(4) A person must comply with an authorised person's requirement 20
under subsection (1) or (3), unless the person has a reasonable excuse for 21
not complying with it. 22
Maximum penalty--40 penalty units. 23
(5) The person does not commit an offence against this section if-- 24
(a) the authorised person required the person to state the person's 25
name and address on suspicion of the person having committed 26
an offence against this Act; and 27
(b) the person is not proved to have committed the offence. 28
59
Egg Industry (Restructuring)
to require information from certain persons 1
Power
This section applies if an authorised person suspects, on 2
Clause103.(1)
reasonable grounds-- 3
(a) an offence against this Act has happened; and 4
(b) a person may be able to give information about the offence. 5
(2) The authorised person may require the person to give information 6
about the offence. 7
(3) When making the requirement, the authorised person must warn the 8
person it is an offence to fail to give the information, unless the person has a 9
reasonable excuse. 10
(4) The person must comply with the requirement, unless the person has 11
a reasonable excuse for not complying with it. 12
Maximum penalty--40 penalty units. 13
(5) It is a reasonable excuse for the person to fail to give information if 14
the information might tend to incriminate the person. 15
(6) The person does not commit an offence against this section if the 16
information sought by the authorised person is not in fact relevant to the 17
offence. 18
to require production of quotas etc. 19
Power
An authorised person may-- 20
Clause104.(1)
(a) require a producer to produce to the authorised person-- 21
(i) a quota, entitlement or other authority held by the producer 22
relating to the producer's business; or 23
(ii) a document relating to the production or sale of eggs; and 24
(b) inspect, take extracts from or make copies of a document 25
produced to the authorised person under paragraph (a). 26
(2) A person must comply with a requirement made of the person under 27
subsection (1)(a), unless the person has a reasonable excuse. 28
Maximum penalty--40 penalty units. 29
(3) An authorised person may keep a document under subsection (1)(b) 30
60
Egg Industry (Restructuring)
to take an extract from it or make a copy of it; 1
(4) The authorised person must return the document to the person who 2
produced it as soon as practicable after taking the extract or making the 3
copy. 4
4--Other enforcement matters 5
Division
orders 6
Restraining
The Company may bring a proceeding in a District Court for 7
Clause105.(1)
an order restraining a person from-- 8
(a) continuing or repeating a particular activity; or 9
(b) committing an offence against this Act. 10
(2) The Court may make an order under subsection (1)(a) if it is satisfied 11
the person will commit an offence against this Act if the person continues 12
or repeats the activity. 13
(3) The Court may make an order under subsection (1)(b) if it is satisfied 14
that the person has been convicted of an offence against this Act on at least 15
3 separate occasions. 16
(4) If a person contravenes an order under this section, the person 17
commits an offence against this subsection. 18
Maximum penalty for subsection (4)--100 penalty units. 19
or misleading information 20
False
A person must not-- 21
Clause106.(1)
(a) state anything to an authorised person that the person knows is 22
false or misleading in a material particular; or 23
(b) omit from a statement made to an authorised person anything 24
without which the statement is, to the person's knowledge, 25
misleading in a material particular. 26
Maximum penalty--40 penalty units. 27
(2) A complaint against a person for an offence against subsection (1)(a) 28
61
Egg Industry (Restructuring)
or (b) is sufficient if it states that the statement made was false or 1
misleading to the person's knowledge. 2
or misleading documents 3
False
A person must not give to an authorised person a document 4
Clause107.(1)
containing information that the person knows is false, misleading or 5
incomplete in a material particular. 6
Maximum penalty--40 penalty units. 7
(2) Subsection (1) does not apply to a person if, when the person gives 8
the document to the authorised person, the person-- 9
(a) informs the authorised person of the extent to which the 10
document is false, misleading or incomplete; and 11
(b) gives the correct information to the authorised person if the 12
person has, or can reasonably obtain, the correct information. 13
14
Compensation
A person may claim compensation if the person incurs any 15
Clause108.(1)
loss or expense-- 16
(a) because of the exercise or purported exercise of a power under 17
this Part; or 18
(b) in complying with a requirement made of the person under this 19
Part. 20
(2) The claim is to be made against the Company or the Authority 21
according to whether the authorised person was at the time of exercising or 22
purporting to exercise the power, or making the requirement, acting for the 23
Company or the Authority. 24
(3) Payment of compensation may be claimed and ordered in a 25
proceeding for-- 26
(a) compensation brought in a court of competent jurisdiction for the 27
recovery of compensation; or 28
(b) an offence against this Act brought against the person by whom 29
the claim is made. 30
62
Egg Industry (Restructuring)
(4) A court may order the payment of compensation for the loss or 1
expense only if it is satisfied it is just to make the order in the circumstances 2
of the particular case. 3
person to give notice of damage 4
Authorised
An authorised person who, in the exercise of a power under 5
Clause109.(1)
this Part, damages anything must immediately give written notice of the 6
particulars of the damage. 7
(2) The notice must be given to the person who appears to the authorised 8
person to be the owner of the thing. 9
(3) If, for any reason, it is not practicable to comply with subsection (2), 10
the authorised person must-- 11
(a) leave the notice at the place where the damage happened; and 12
(b) ensure the notice is left-- 13
(i) in a reasonably secure way; and 14
(ii) in a conspicuous position. 15
(4) In this section-- 16
"owner" of a thing includes the person in possession or control of the 17
thing. 18
to entry by an authorised person 19
Consent
This section applies if an authorised person intends to seek 20
Clause110.(1)
the consent of an occupier of a place to the entry of the place by the 21
authorised person under this Part. 22
(2) Before seeking the consent, the authorised person must inform the 23
occupier that the occupier may refuse to give the consent. 24
(3) If the consent is given, the authorised person may ask the occupier to 25
sign an acknowledgment of the consent. 26
(4) The acknowledgment must-- 27
(a) state the occupier was informed of the occupier's right to refuse 28
to give the consent; and 29
63
Egg Industry (Restructuring)
(b) state the occupier gave the authorised person consent under this 1
Part-- 2
(i) to enter the place; and 3
(ii) to exercise the powers mentioned in section 101 (General 4
powers in relation to places and vehicles); and 5
(c) specify the time at and date on which the consent was given. 6
of consent 7
Evidence
Clause111.(1) This section applies to a proceeding if-- 8
(a) it is material for a court to be satisfied of the consent of an 9
occupier of a place to the entry of the place by an authorised 10
person under this Part; and 11
(b) an acknowledgment under section 110 (Consent to entry by an 12
authorised person) is not produced in evidence. 13
(2) In a proceeding to which this section applies, the court may assume 14
the occupier did not consent, unless the contrary is proved. 15
of authorised persons 16
Obstruction
A person must not obstruct an authorised person in the exercise 17
Clause112.
of a power, unless the person has a reasonable excuse. 18
Maximum penalty--60 penalty units. 19
of authorised person 20
Impersonation
Clause113. A person must not pretend to be an authorised person. 21
Maximum penalty--80 penalty units. 22
ART 9--MISCELLANEOUS 23
P
64
Egg Industry (Restructuring)
of producers 1
Poll
If the Minister receives a petition signed by at least 30% of 2
Clause114.(1)
the total number of producers, the Minister must inform the Company of 3
the receipt of the petition and arrange for a poll of the producers on the 4
question whether the compulsory marketing scheme should continue. 5
(2) The poll is to be conducted by the department at the expense of the 6
Company. 7
(3) A regulation may be made governing eligibility to vote and other 8
matters affecting the conduct of the poll. 9
(4) The Company must at the request of an officer of the department 10
provide any information necessary for compiling a list of the producers 11
eligible to vote at the poll. 12
(5) The poll is to be conducted by postal ballot. 13
(6) The Minister must publish the results of the poll in the Gazette and 14
table them in the Legislative Assembly. 15
of offences 16
Prosecution
Clause115.(1) An offence against this Act is a summary offence. 17
(2) A prosecution for an offence against this Act may be started only 18
with the consent of-- 19
(a) the chief executive of the department; or 20
(b) the Attorney-General. 21
22
Regulations
The Governor in Council may make regulations for the 23
Clause116.(1)
purposes of this Act. 24
(2) A regulation may be made prescribing offences for a contravention of 25
a regulation and fixing a maximum penalty of not more than 20 penalty 26
units for a contravention. 27
65
Egg Industry (Restructuring)
of Act 1
Expiry
Clause117.(1) This Act expires on 31 December 1998. 2
(2) The expiry of this Act does not give rise to any right to 3
compensation. 4
ART 10--REPEALS, AMENDMENT AND 5
P
TRANSITIONAL PROVISIONS 6
of the Poultry Industry Act 1988 7
Repeal
The Poultry Industry Act 1988 is repealed. 8
Clause118.
of Primary Producers' Organisation and Marketing Act 9
Amendment
1926 10
The Primary Producers' Organisation and Marketing Act 11
Clause119.(1)
1926 is amended as set out in this section. 12
(2) Section 2 (definition "commodity")-- 13
omit `and eggs'. 14
(3) Section 29(1)-- 15
omit `A levy may also be made by The Egg Marketing Board or The 16
Central Queensland Egg Marketing Board as prescribed in section 29C of 17
this Act.'. 18
(4) Section 29C-- 19
omit. 20
of Hen Quotas Act 1973 21
Repeal
Clause120. The following Acts are repealed-- 22
· Hen Quotas Act 1973 23
· Hen Quotas Act Amendment Act 1975 24
66
Egg Industry (Restructuring)
· Hen Quotas Act Amendment Act 1978 1
· Hen Quotas Act Amendment Act 1981 2
· Hen Quotas Act Amendment Act 1987. 3
of certain orders in council 4
Repeal
Clause121. The following orders in council are repealed-- 5
· the order in council dated 19 June 1923 under the Primary 6
Products Pools Act 1922 7
· the order in council dated 14 January 1926 under the Primary 8
Products Pools Act 1922 9
· the order in council dated 9 January 1947 under the Primary 10
Producers' Organisation and Marketing Act 1926. 11
of quotas 12
Continuance
An egg producer's basic hen quota in force under the Hen 13
Clause122.(1)
Quotas Act 1973 immediately before the commencement of this Act 14
continues in force, subject to expiry, cancellation, surrender or amendment 15
under this Act, as if the producer to whom the quota was allocated had been 16
granted a quota under this Act with a quota number equivalent to the 17
allocated basic hen quota. 18
(2) An adjustment to hen quotas in force under the Hen Quotas Act 1973 19
immediately before the commencement of this Act continues in force, 20
subject to this Act, as if it were an adjustment to quota numbers made under 21
this Act. 22
(3) A transfer approved under the Hen Quotas Act 1973 that provides for 23
the reversion of rights to the transferor must be regarded after the 24
commencement of this Act as a quota lease approved as a transfer by the 25
Authority under section 76. 26
quota fees 27
Hen
Section 9, and the second schedule to, the Hen Quotas 28
Clause123.(1)
Regulation 1988 (Hen quota fees) remain in force, subject to variation or 29
67
Egg Industry (Restructuring)
revocation by regulation under this Act, until 30 June 1994. 1
(2) The provisions continued in force under subsection (1) are to be 2
construed subject to necessary changes and any further changes that may be 3
prescribed by regulation. 4
of Hen Quota Committee 5
Continuation
Until a day fixed by regulation for the Authority to take over 6
Clause124.(1)
functions from the Hen Quota Committee (the "changeover day"), the 7
Hen Quota Committee continues in existence and may exercise the 8
functions and powers of the Authority under this Act. 9
(2) Until the changeover day, a reference in this Act to the Authority 10
includes a reference to the Hen Quota Committee. 11
(3) Despite the repeal of the Hen Quotas Act 1973, the following sections 12
of the Act continue to apply to the Hen Quota Committee-- 13
· section 7 (Appointment of Committee) 14
· section 8 (Term of office of members) 15
· section 9 (Disqualifications from and vacation of office) 16
· section 10 (Filling of vacancies) 17
· section 11 (Acting chairman) 18
· section 12 (Deputy for member) 19
· section 13 (Presiding at meetings) 20
· section 14 (Notice and adjournment of meeting) 21
· section 15 (Quorum) 22
· section 16 (Voting) 23
· section 17 (Procedure) 24
· section 18 (Member with pecuniary interest to withdraw) 25
· section 19 (Subcommittee) 26
· section 20 (Minutes) 27
· section 21 (Fees, allowances and expenses). 28
(4) On the changeover day-- 29
68
Egg Industry (Restructuring)
(a) the Hen Quota Committee is dissolved and its members go out of 1
office; and 2
(b) the rights and liabilities of the Hen Quota Committee become 3
rights and liabilities of the Authority; and 4
(c) the staff of the Hen Quota Committee become staff of the 5
Authority without interruption of continuity of service or 6
prejudice to existing or accruing rights in respect of employment. 7
(5) This section expires 6 months after the abolition date. 8
of proceedings 9
Continuity
A legal proceeding started by or against the Hen Quota 10
Clause125.(1)
Committee before the changeover day may be continued and completed 11
after the changeover day by or against the Authority. 12
(2) An application or other administrative proceeding made to or started 13
before the Hen Quota Committee before the commencement of this Act 14
may, if it remains undecided or uncompleted at the commencement of this 15
Act, be decided or completed as if it were an application or administrative 16
proceeding under the corresponding provision of this Act. 17
of former egg marketing authorities 18
Staff
Clause126. The staff of the former egg marketing authorities become, on the 19
transfer date, staff of the Company without interruption of continuity of 20
service, or prejudice to existing or accruing rights in respect of employment. 21
oultry Industry Fund 22
P
The Poultry Industry Fund under the Poultry Industry Act 23
Clause127.(1)
1988 (the "Fund") continues in existence until abolished under this section. 24
(2) The Fund is to be administered by the chief executive of the 25
department. 26
(3) The fund may be applied, with the Minister's approval-- 27
(a) towards the costs of administering this Act; and 28
(b) for the development and improvement of the poultry industry. 29
69
Egg Industry (Restructuring)
(4) The Fund is to be abolished on a date fixed by regulation (the 1
"abolition date") and any money remaining to its credit must be 2
distributed in the way prescribed by the regulation providing for its 3
abolition. 4
(5) This section expires 6 months after the abolition date. 5
6
© State of Queensland 1993
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