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Queensland
HORTICULTURE
LEGISLATION
AMENDMENT BILL 1995
Queensland
HORTICULTURE LEGISLATION
AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF CITY OF BRISBANE MARKET
ACT 1960
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Insertion of new pt 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Omission of s 2 (Powers etc. of Brisbane City Council with
respect to markets abrogated) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 3 (Exemption from Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Replacement of ss 512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--THE BRISBANE MARKET AUTHORITY
Division 1--Establishment of authority
4 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Authority is a body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Functions and powers of authority
6 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Powers of Minister
9 Power of Minister to notify authority of public sector policies . . . . 12
10 Power of Minister to give directions in public interest . . . . . . . . . . . 12
11 Additional matters to be included in annual report . . . . . . . . . . . . . . 12
Division 4--Membership of authority
2
Horticulture Legislation Amendment
12 Composition of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Selection committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Selection of members for appointment . . . . . . . . . . . . . . . . . . . . . . . 14
15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 5--Proceedings of authority
17 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Procedures governing conduct of proceedings of the authority . . . . 16
19 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 6--Staff
21 Staff generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Chief executive officer and secretary . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 7--Other matters about the authority
23 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Authority committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Strategic plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Public Sector Management Commission Act 1990 not to apply . . . 20
8 Renumbering of s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Omission of ss 1316A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
10 Replacement of s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Carrying on business as a wholesaler other than in market
prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Replacement of ss 1825B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--REVIEW OF ADMINISTRATIVE DECISIONS
30 Application to authority for reconsideration of
administrative decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Powers of authority on an application under this part . . . . . . . . . . . . 22
32 Right to appeal to the Magistrates Court . . . . . . . . . . . . . . . . . . . . . . 22
33 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Horticulture Legislation Amendment
36 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Further appeal to District Court on questions of law only . . . . . . . . 24
PART 4--MISCELLANEOUS
12 Renumbering of ss 25C25H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13 Omission of s 26 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 Amendment and renumbering of s 27 (By-laws) . . . . . . . . . . . . . . . . . . . . . . 24
15 Replacement of s 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Prosecution of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
16 Renumbering of s 28A (General offence and penalty) . . . . . . . . . . . . . . . . . 26
17 Amendment of s 28B (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . 26
18 Insertion of new s 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 5--TRANSITIONAL PROVISIONS
49 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Continuation of former authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Vesting of assets in the authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
52 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
53 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Existing superannuation arrangements and schemes . . . . . . . . . . . . 29
55 Market officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
56 Existing approvals, permits and licences . . . . . . . . . . . . . . . . . . . . . . 29
57 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
58 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
59 References to the Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
60 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 30
20 Omission of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 3--AMENDMENTS OF FARM PRODUCE MARKETING
ACT 1964
21 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
22 Insertion of new pt 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
23 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
Horticulture Legislation Amendment
24 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
25 Insertion of new pt 2 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
26 Replacement of s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6 Registrar and other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
27 Amendment of s 7 (Application for farm produce commercial
seller's license) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
28 Amendment of s 8 (Renewal of license) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
29 Amendment of s 9 (Appeal against refusal to grant or renew license) . . . . 33
30 Amendment of s 12 (Requirements on cancellation or suspension) . . . . . . 34
31 Amendment of s 15 (Appeals with respect to cancellation or
suspension of licenses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
32 Amendment of s 20 (Certain persons not to be employed by licensee) . . . 34
33 Amendment of s 21 (Carrying on business without license) . . . . . . . . . . . . 34
34 Amendment of s 22 (Restriction on farm produce commercial
seller purchasing consignments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
35 Amendment of s 22B (Requirement to register associated persons) . . . . . . 35
36 Amendment of s 24 (Purchase memorandum note or other record) . . . . . . 35
37 Amendment of s 25 (Account of moneys received and their
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
38 Amendment of s 26 (Payment to vendor by farm produce
commercial seller) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
39 Amendment of s 27 (Payment of moneys to principal) . . . . . . . . . . . . . . . . 36
40 Amendment of s 30 (Banking of moneys) . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
41 Amendment of s 31 (Duty of bank manager) . . . . . . . . . . . . . . . . . . . . . . . . 37
42 Amendment of s 32 (Inspection, audit etc. by registrar etc.) . . . . . . . . . . . . 37
43 Amendment of s 33 (Audit of farm produce accounts etc.) . . . . . . . . . . . . . 37
44 Amendment of s 36 (Registered office of licensee) . . . . . . . . . . . . . . . . . . . 38
45 Amendment of s 39 (Offence to demand excess or improper
remuneration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
46 Amendment of s 42 (Entries in register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
47 Omission of s 43 (Appropriation of fees etc.) . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Insertion of new pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 3--THE HORTICULTURE INDUSTRY POLICY COUNCIL
46 Establishment of policy council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5
Horticulture Legislation Amendment
46A Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
46B Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
46C Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
46D Policy council committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
49 Insertion of new pt 4 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Amendment of s 47 (Proceedings evidence etc.) . . . . . . . . . . . . . . . . . . . . . 41
51 Amendment of s 48 (Offences and penalties) . . . . . . . . . . . . . . . . . . . . . . . . 41
52 Amendment of s 50 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53 Replacement of s 51 (Publication of proclamations) . . . . . . . . . . . . . . . . . . 43
51 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
51A Transitional provision about forms . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
54 Insertion of new s 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
54 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
1995
A BILL
FOR
An Act to amend the City of Brisbane Market Act 1960 and the Farm
Produce Marketing Act 1964.
s1 8 s5
Horticulture Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Horticulture Legislation Amendment Act 4
1995. 5
ART 2--AMENDMENT OF CITY OF BRISBANE 6
P
MARKET ACT 1960 7
amended in pt 2 8
Act
Clause 2. This part amends the City of Brisbane Market Act 1960. 9
of new pt 1 heading 10
Insertion
Clause 3. Before section 1-- 11
insert-- 12
`PART 1--PRELIMINARY'. 13
of s 2 (Powers etc. of Brisbane City Council with respect to 14
Omission
markets abrogated) 15
Clause 4. Section 2-- 16
omit. 17
of s 3 (Exemption from Act) 18
Amendment
Clause 5.(1) Section 3, `The Governor in Council may, by regulation,'-- 19
s6 9 s7
Horticulture Legislation Amendment
omit, insert-- 1
`A regulation may'. 2
(2) Section 3-- 3
renumber as section 2. 4
of s 4 (Meaning of terms) 5
Amendment
Clause 6.(1) Section 4, heading-- 6
omit, insert-- 7
`Definitions'. 8
(2) Section 4, definitions "Area", "Fruit", "Market", "Trust" and 9
"Vegetables"-- 10
omit. 11
(3) Section 4-- 12
insert-- 13
` "authority" means the Brisbane Market Authority. 14
"Brisbane" means the area of the City of Brisbane. 15
"Brisbane market" means the market established under this Act. 16
"other trade and commerce" includes flower shops, petrol stations, trash 17
and treasure markets and other non-fruit and vegetable businesses. 18
"policy council" means the Horticulture Industry Policy Council. 19
"selection committee" see section 13.'. 20
(4) Section 4, `Any reference' to `appurtenant to such public market.'-- 21
omit. 22
(5) Section 4 as amended-- 23
renumber as section 3. 24
of ss 512 25
Replacement
Clause 7. Sections 5 to 12-- 26
s7 10 s7
Horticulture Legislation Amendment
omit, insert-- 1
`PART 2--THE BRISBANE MARKET AUTHORITY 2
1--Establishment of authority 3
`Division
4
`Establishment
`4. An authority called the Brisbane Market Authority is established. 5
is a body corporate 6
`Authority
`5.(1) The authority-- 7
(a) is a body corporate with perpetual succession; and 8
(b) has a common seal; and 9
(c) may sue and be sued in its corporate name. 10
`(2) The authority does not represent the State. 11
`(3) The authority is an exempt public authority under the Corporations 12
Law. 13
2--Functions and powers of authority 14
`Division
unctions 15
`F
`6.(1) The authority must maintain a market in Brisbane. 16
`(2) The purposes of the Brisbane market are-- 17
(a) to provide a place to sell and store fruit and vegetables; and 18
(b) to provide accommodation and facilities for the conduct of other 19
trade and commerce at the market. 20
`(3) The authority also has other functions given to it under this Act or 21
another Act. 22
s7 11 s7
Horticulture Legislation Amendment
powers 1
`General
`7.(1) The authority has, for or in connection with the performance of its 2
functions, all the powers of a natural person, and may, for example-- 3
(a) provide accommodation at the Brisbane market for any person to 4
carry on trade or commerce, including, for example-- 5
(i) as a wholesaler; and 6
(ii) by storing farm products, fruit and vegetables; and 7
(iii) by buying fruit and vegetables wholesale for the purpose of 8
reselling them by wholesale; and 9
(iv) as a retailer; and 10
(b) enter into contracts; and 11
(c) acquire, hold, deal with and dispose of property; and 12
(d) appoint agents and attorneys; and 13
(e) make charges for services and facilities it supplies; and 14
(f) join and take part in industry associations; and 15
(g) do anything else necessary or convenient to be done for, or in 16
connection with, the performance of its functions. 17
`(2) Without limiting subsection (1), the authority has the powers given 18
to it under this or another Act. 19
`(3) The authority may exercise its powers inside and outside 20
Queensland. 21
`(4) Without limiting subsection (2), the authority may exercise its 22
powers outside Australia. 23
24
`Delegation
`8. The authority may delegate its powers to a committee, member or 25
employee of the authority. 26
s7 12 s7
Horticulture Legislation Amendment
`Division 3--Powers of Minister 1
of Minister to notify authority of public sector policies 2
`Power
`9.(1) The Minister may give the authority written notice of a public 3
sector policy that is to apply to the authority if the Minister is satisfied it is 4
necessary to give the notice in the public interest. 5
`(2) The authority must ensure the policy is carried out. 6
`(3) Before giving the notice, the Minister must-- 7
(a) consult with the authority; and 8
(b) ask the authority to advise whether, in its opinion, carrying out the 9
policy would not be in its financial interest. 10
`(4) The Minister must cause a copy of the notice to be gazetted within 11
21 days after it is given. 12
of Minister to give directions in public interest 13
`Power
`10.(1) The Minister may give the authority a written direction if the 14
Minister is satisfied it is necessary to give the direction in the public interest 15
because of exceptional circumstances. 16
`(2) The authority must ensure the direction is complied with. 17
`(3) Before giving the direction, the Minister must-- 18
(a) consult with the authority; and 19
(b) ask the authority to advise whether, in its opinion, complying 20
with the direction would not be in its financial interest. 21
`(4) The Minister must cause a copy of the direction to be gazetted within 22
21 days after it is given. 23
matters to be included in annual report 24
`Additional
`11. Each annual report of the authority must include-- 25
(a) particulars of the impact on its financial position of any notices 26
and directions given to it by the Minister under this division that 27
relate to the relevant financial year; and 28
s7 13 s7
Horticulture Legislation Amendment
(b) a copy of each notice and direction and an outline of the action 1
taken by the authority in response to the notice or direction. 2
4--Membership of authority 3
`Division
of authority 4
`Composition
`12.(1) The authority consists of the following members-- 5
(a) a chairperson with a successful record in business management; 6
(b) 1 person with knowledge of and experience in fruit and vegetable 7
growing; 8
(c) 1 person with knowledge of and experience in fruit and vegetable 9
wholesaling; 10
(d) 1 person with knowledge of and experience in fruit and vegetable 11
buying; 12
(e) 3 persons not directly employed in the fruit and vegetable 13
industry with knowledge of and experience in marketing, finance, 14
economics, infrastructure development and maintenance, public 15
administration or industrial relations. 16
`(2) The members of the authority are to be appointed by the Governor in 17
Council. 18
`(3) The members other than the chairperson are to be nominated by a 19
selection committee. 20
`(4) The chairperson may be appointed either full-time or part-time. 21
committee 22
`Selection
`13.(1) Before an appointment of a member other than the chairperson is 23
made, the Minister must establish a selection committee to nominate the 24
member. 25
`(2) The committee is to consist of a chairperson and 6 other members 26
appointed by the Minister. 27
`(3) The chairperson is to be a person who, in the Minister's opinion, is 28
suitable to act as an independent chairperson of the selection committee. 29
s7 14 s7
Horticulture Legislation Amendment
`(4) The other 6 members-- 1
(a) are to be appointed after consultation with the policy council; and 2
(b) must consist of 2 persons representing each of the following 3
interests-- 4
(i) fruit and vegetable growers; 5
(ii) fruit and vegetable wholesalers and the farm produce trade; 6
(iii) fruit and vegetable buyers and retailers. 7
`(5) Members may be members of the policy council. 8
`(6) The chairperson of the selection committee is entitled to be paid by 9
the authority the fees and allowances decided by the Governor in Council. 10
of members for appointment 11
`Selection
`14.(1) The Minister may give the selection committee written directions 12
about the procedures and criteria to be followed or applied in selecting 13
nominees for appointment to the authority, and the time within which the 14
nominations are to be made. 15
`(2) However, a direction may not require the committee to nominate a 16
particular person for appointment as a member of the authority. 17
`(3) A person is not eligible to be nominated for appointment as a 18
member of the authority if the person is-- 19
(a) a member of the policy council; or 20
(b) a member of the committee; or 21
(c) a chairperson, deputy chairperson or chief executive officer 22
(regardless of the title by which the person is known) of an 23
organisation representing-- 24
(i) fruit and vegetable growers; or 25
(ii) fruit and vegetable wholesalers or the farm produce trade; or 26
(iii) fruit and vegetable buyers or retailers. 27
`(4) If the selection committee fails to make a nomination or follow the 28
procedures or apply the criteria of selection directed by the Minister, the 29
Minister may nominate a person for appointment. 30
s7 15 s7
Horticulture Legislation Amendment
`(5) A nomination made by the Minister under subsection (4) is taken to 1
have been made by the selection committee. 2
of appointment 3
`Duration
`15.(1) A member of the authority is to be appointed for a term of not 4
longer than 3 years. 5
`(2) The office of a member of the authority becomes vacant if the 6
member-- 7
(a) resigns by signed notice to the Minister; or 8
(b) is absent from 3 consecutive meetings of the authority without the 9
authority's leave and without reasonable excuse; or 10
(c) is convicted of an indictable offence or an offence against this 11
Act; or 12
(d) becomes employed by, or a contractor of, the authority; or 13
(e) is removed from office by the Governor in Council under 14
subsection (3) or (4). 15
`(3) The Governor in Council may remove a member from office if the 16
member-- 17
(a) engages in misbehaviour; or 18
(b) becomes incapable of performing the duties of a member because 19
of physical or mental incapacity; or 20
(c) is incompetent; or 21
(d) becomes a person who, because of section 14(3),1 would not be 22
eligible to be nominated for appointment as a member of the 23
authority; or 24
(e) uses the office for party political purposes; or 25
(f) causes the authority's funds or reputation to be used for party 26
political purposes. 27
1 Section 14 (Selection of members for appointment)
s7 16 s7
Horticulture Legislation Amendment
`(4) The Governor in Council may remove all or any members of the 1
authority from office if the authority-- 2
(a) does not carry out a policy notified under section 92 or comply 3
with a direction given under section 103; or 4
(b) does not comply with its obligations under the Financial 5
Administration and Audit Act 1977 for the preparation and 6
submission of reports and plans; or 7
(c) uses its funds or reputation for party political purposes. 8
and allowances 9
`Fees
`16. The members of the authority are entitled to be paid by the authority 10
the fees and allowances decided by the Governor in Council. 11
5--Proceedings of authority 12
`Division
and place of meetings 13
`Time
`17.(1) Meetings of the authority are to be held at the times and places it 14
decides. 15
`(2) However, the authority must meet at least once every 3 months. 16
`(3) The chairperson-- 17
(a) may at any time call a meeting of the authority; and 18
(b) must call a meeting if asked by at least 4 members. 19
governing conduct of proceedings of the authority 20
`Procedures
`18.(1) The chairperson is to preside at all meetings at which the 21
chairperson is present. 22
`(2) If the chairperson is absent, the member chosen by the majority of 23
the members present is to preside. 24
2 Section 9 (Power of Minister to notify authority of public sector policies)
3 Section 10 (Power of Minister to give directions in public interest)
s7 17 s7
Horticulture Legislation Amendment
`(3) At a meeting of the authority-- 1
(a) 4 members form a quorum; and 2
(b) a question is to be decided by a majority of the votes of the 3
members present and voting; and 4
(c) each member present has a vote on each question to be decided 5
and, if the votes are equal, the member presiding has a casting 6
vote. 7
`(4) The authority may conduct its proceedings (including its meetings) 8
as it considers appropriate. 9
`(5) The authority may hold meetings, or permit members to take part in 10
meetings, by telephone, closed-circuit television or another form of 11
communication. 12
`(6) A member who takes part in a meeting of the authority under 13
permission under subsection (5) is taken to be present at the meeting. 14
`(7) If-- 15
(a) all members of the authority agree, in writing, to a proposed 16
resolution; and 17
(b) notice of the proposed resolution was given under procedures 18
approved by the authority; 19
the resolution is a valid resolution of the authority, even though it was not 20
passed at a meeting of the authority. 21
of interests 22
`Disclosure
`19.(1) This section applies to a member of the authority if-- 23
(a) the member has a direct or indirect financial interest in an issue 24
being considered, or about to be considered, by the authority; and 25
(b) the interest could conflict with the proper performance of the 26
member's duties about the consideration of the issue. 27
`(2) As soon as practicable after the relevant facts come to the member's 28
knowledge, the member must disclose the nature of the interest to a meeting 29
of the authority. 30
s7 18 s7
Horticulture Legislation Amendment
`(3) The disclosure must be recorded in the authority's minutes and, 1
unless the authority otherwise decides, the member must not-- 2
(a) be present when the authority considers the issue; or 3
(b) take part in a decision of the authority on the issue. 4
`(4) Another member who also has a direct or indirect financial interest 5
in the issue must not-- 6
(a) be present when the authority is considering its decision under 7
subsection (3); or 8
(b) take part in making the decision. 9
inutes 10
`M
`20. The authority must keep minutes of its proceedings. 11
6--Staff 12
`Division
generally 13
`Staff
`21.(1) The authority may engage the employees it considers necessary 14
to perform its functions. 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
executive officer and secretary 20
`Chief
`22.(1) The authority must employ a chief executive officer and a 21
secretary, but both positions may be held by the same person. 22
`(2) The chairperson is not eligible to be employed as the chief executive 23
officer. 24
s7 19 s7
Horticulture Legislation Amendment
7--Other matters about the authority 1
`Division
2
`Seal
`23. Judicial notice must be taken of the imprint of the authority's seal 3
appearing on a document, and the document must be presumed to have 4
been properly sealed unless the contrary is proved. 5
committees 6
`Authority
`24.(1) The authority may establish committees to assist or advise it. 7
`(2) The authority may decide-- 8
(a) the functions of a committee; and 9
(b) the membership of a committee; and 10
(c) how a committee is to operate. 11
`(3) A member of a committee is entitled to be paid by the authority the 12
fees and allowances decided by the authority. 13
`(4) The authority must give proper consideration to a committee's 14
recommendations. 15
of certain Acts 16
`Application
`25.(1) The authority is-- 17
(a) a unit of public administration under the Criminal Justice Act 18
1989; and 19
(b) an agency under the Equal Opportunity in Public Employment 20
Act 1992; and 21
(c) a statutory body under the Financial Administration and Audit 22
Act 1977; and 23
(d) a public authority under the Libraries and Archives Act 1988; and 24
(e) a statutory body under the Statutory Bodies Financial 25
Arrangements Act 1982. 26
s8 20 s 10
Horticulture Legislation Amendment
plan 1
`Strategic
`26. The authority must-- 2
(a) prepare a strategic plan in accordance with the public finance 3
standards issued under the Financial Administration and Audit 4
Act 1977, section 46L;4 and 5
(b) consult with the policy council about the strategic plan. 6
Sector Management Commission Act 1990 not to apply 7
`Public
`27. The Public Sector Management Commission Act 1990 does not 8
apply to the authority or its employees.'. 9
of s 12A 10
Renumbering
Clause 8. Section 12A-- 11
renumber as section 28. 12
of ss 1316A 13
Omission
Clause 9. Sections 13 to 16A-- 14
omit. 15
of s 17 16
Replacement
Clause 10. Section 17-- 17
omit, insert-- 18
on business as a wholesaler other than in market 19
`Carrying
prohibited 20
`29.(1) A person must not carry on business as a wholesaler in Brisbane 21
other than in the Brisbane market. 22
Maximum penalty-- 23
(a) for a first offence--20 penalty units; 24
4 Section 46L (Public finance standards)
s 11 21 s 11
Horticulture Legislation Amendment
(b) for a second or subsequent offence--100 penalty units. 1
`(2) However, if the authority is satisfied-- 2
(a) that a person (the "wholesaler") carries on, on the person's own 3
behalf, the business of buying fruit or vegetables wholesale for 4
the purpose of the resale of the fruit and vegetables by wholesale 5
to persons who in turn, sell them by retail in the course of 6
carrying on the business of selling by retail fruit or vegetables; 7
and 8
(b) that, on the resale by wholesale, the wholesaler delivers the fruit 9
and vegetables to the buyer at the place where the buyer carries on 10
the business of selling fruit and vegetables by retail; and 11
(c) that the wholesaler obtains in the Brisbane market all fruit and 12
vegetables so supplied by the wholesaler to any person who sells 13
them; 14
the authority may exempt the wholesaler from subsection (1) in relation to 15
that business of the wholesaler. 16
`(3) The exemption may be given on conditions stated in it, and may be 17
for the term stated in it. 18
`(4) The authority may cancel the exemption at any time, whether or not 19
it was given for a stated term and, if so, whether or not the stated term has 20
ended.'. 21
of ss 1825B 22
Replacement
Clause 11. Sections 18 to 25B-- 23
omit, insert-- 24
`PART 3--REVIEW OF ADMINISTRATIVE 25
DECISIONS 26
to authority for reconsideration of administrative 27
`Application
decisions 28
`30.(1) A person aggrieved by a decision of the authority of an 29
s 11 22 s 11
Horticulture Legislation Amendment
administrative character may apply to the authority for reconsideration of 1
the decision.5 2
`(2) An application must be made in writing and set out in detail the 3
grounds on which the applicant seeks reconsideration of the decision. 4
`(3) A decision made by the authority on an application for 5
reconsideration under this section cannot be the subject of a further 6
application for reconsideration of the decision. 7
of authority on an application under this part 8
`Powers
`31. The authority may on an application under section 306 confirm, 9
amend or reverse the decision subject to the application. 10
to appeal to the Magistrates Court 11
`Right
`32.(1) A person aggrieved by a decision of the authority on a 12
reconsideration under section 31 may appeal against the decision. 13
`(2) The appeal may be made to the Magistrates Court nearest the place 14
where the aggrieved person lives, or carries on a business, or proposes to 15
carry on a business, affected by the decision. 16
to start appeal 17
`How
`33.(1) An appeal is started by-- 18
(a) filing a written notice of appeal with the clerk of the court; and 19
(b) serving a copy of the notice on the authority. 20
`(2) The notice of appeal must be filed within 28 days after the appellant 21
receives notice of the decision appealed against. 22
5 Under the Judicial Review Act 1991, part 4, a person aggrieved by an
administrative decision of the authority can also request it to provide a written
statement of reasons for the decision, if they were not given. See the Acts
Interpretation Act 1954, section 27B for what the authority must set out in those
reasons.
6 Section 30 (Application to authority for reconsideration of administrative
decisions)
s 11 23 s 11
Horticulture Legislation Amendment
`(3) The court may at any time extend the period for filing the notice of 1
appeal. 2
`(4) The notice of appeal must state the grounds of appeal. 3
of operation of decisions 4
`Stay
`34.(1) A court to which an appeal is made has power to grant a stay of 5
the decision appealed against for the purpose of securing the effectiveness 6
of the appeal. 7
`(2) A stay-- 8
(a) may be granted on conditions; and 9
(b) has effect for the period specified by the court; and 10
(c) may be revoked or amended by the court. 11
`(3) The period of a stay specified by the court must not extend past the 12
time the court decides the appeal. 13
`(4) An appeal against a decision does not affect the operation or carrying 14
out of the decision unless the decision is stayed. 15
procedures 16
`Hearing
`35.(1) An appeal is to be a new hearing, unaffected by the decision 17
appealed against. 18
`(2) In deciding an appeal, the court-- 19
(a) is not bound by the rules of evidence; and 20
(b) must observe natural justice; and 21
(c) may hear the appeal in court or chambers. 22
of court on appeal 23
`Powers
`36.(1) In deciding an appeal, the court may-- 24
(a) confirm the decision appealed against; or 25
(b) set aside the decision and substitute another decision; or 26
s 12 24 s 14
Horticulture Legislation Amendment
(c) set aside the decision and return the matter to the authority with 1
directions that the court considers appropriate. 2
`(2) In substituting another decision, the court has the same powers as 3
the 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 authority. 6
appeal to District Court on questions of law only 7
`Further
`37. A party aggrieved by the decision of a Magistrates Court may appeal 8
to a District Court, but only on a question of law. 9
ART 4--MISCELLANEOUS'. 10
`P
of ss 25C25H 11
Renumbering
Clause 12. Sections 25C to 25H-- 12
renumber as sections 38 to 43. 13
of s 26 (Regulations) 14
Omission
Clause 13. Section 26-- 15
omit. 16
and renumbering of s 27 (By-laws) 17
Amendment
Clause 14.(1) Section 27, heading-- 18
omit, insert-- 19
`By-law making power'. 20
(2) Section 27(1), words before paragraph (a)-- 21
omit, insert-- 22
`44.(1) The authority may make by-laws under this Act. 23
s 14 25 s 14
Horticulture Legislation Amendment
`(2) A by-law may be made for or about--'. 1
(3) Section 27(1)(a) to (c), `The Area of the City of'-- 2
omit. 3
(4) Section 27(1)(a) to (c) and (d)(v) to (xiii), `public market established 4
under this Act'-- 5
omit, insert-- 6
`Brisbane market'. 7
(5) Section 27(2)(c), `the purposes of this paragraph'-- 8
omit, insert-- 9
`paragraph (1)(c)--'. 10
(6) Section 27(1)(c), from `For' to `such prescribed fruit or vegetables' 11
(as amended)-- 12
relocate as subsection 27(3). 13
(7) Section 27(1)(d), `For all or any of the following purposes:'-- 14
omit. 15
(8) Section 27(1)(d)(ii), `officers,'-- 16
omit. 17
(9) Section 27(1)(d)(vii), `officers'-- 18
omit, insert-- 19
`employees'. 20
(10) Section 27(1)(d)(xi), from `but so' to `1976'-- 21
omit. 22
(11) Section 27(1)(xiv) and (xv)-- 23
omit, insert-- 24
`(xiv) prescribing penalties for breaches of the by-laws of not more 25
than 10 penalty units.'. 26
(12) Section 27(1)(d)(i) to (xiv), as amended by this Act-- 27
renumber as section 27(2)(d) to (q). 28
s 15 26 s 17
Horticulture Legislation Amendment
(13) Section 27(1A)(a), after `prescribing any offences under the by- 1
laws'-- 2
insert-- 3
`by the offender or by the owner of any vehicle involved in the offence,'. 4
(14) Section 27(2)-- 5
renumber as section 27(4). 6
(15) Section 27(3) and (4)-- 7
omit, insert-- 8
`(5) A by-law must be approved by the Governor in Council.7'. 9
(16) Section 27 as amended-- 10
renumber as section 44. 11
of s 28 12
Replacement
Clause 15. Section 28-- 13
omit, insert-- 14
of offences 15
`Prosecution
`45. An offence against this Act is a summary offence.'. 16
of s 28A (General offence and penalty) 17
Renumbering
Clause 16. Section 28A, as amended-- 18
renumber as section 46. 19
of s 28B (Facilitation of proof) 20
Amendment
Clause 17.(1) Section 28(B)(1)(a), `or an authorized officer or officer of the 21
Trust'-- 22
omit, insert-- 23
7 A by-law is subordinate legislation (see Statutory Instruments Act 1992,
sections 7, 8(b)(i) and 9(1)(a))
s 18 27 s 19
Horticulture Legislation Amendment
`, or an employee, or authorised employee, of the authority'. 1
(2) Section 28B(1)(b), ` or an authorized officer of the Trust'-- 2
omit, insert-- 3
`, or an authorised employee of the authority,'. 4
(3) Section 28B(2)(b)(iii), `or any officer thereof'-- 5
omit, insert-- 6
`or an employee of the authority'. 7
(4) Section 28B, `market'-- 8
omit, insert-- 9
`Brisbane market'. 10
(5) Section 28B, as amended-- 11
renumber as section 47. 12
of new s 48 13
Insertion
Clause 18. After section 28B-- 14
insert-- 15
16
`Regulations
`48.(1) The Governor in Council may make regulations under this Act. 17
`(2) A regulation may-- 18
(a) impose fees; and 19
(b) create offences and prescribe penalties of not more than 20
10 penalty units for each offence.'. 21
of new pt 5 22
Insertion
Clause 19. Before the schedule-- 23
insert-- 24
s 19 28 s 19
Horticulture Legislation Amendment
`PART 5--TRANSITIONAL PROVISIONS 1
for pt 5 2
`Definitions
`49.(1) In this part-- 3
"changeover day" means-- 4
(a) the day that is 6 months after the commencement; or 5
(b) if an earlier day is fixed by regulation--the earlier day. 6
"commencement" means the commencement of this part. 7
"former authority" means the Brisbane Market Trust. 8
`(2) This section expires 6 months after the changeover day. 9
of former authority 10
`Continuation
`50.(1) Until the changeover day, the former authority continues in 11
existence and may exercise the functions and powers of the authority. 12
`(2) The authority may, before the changeover day, make by-laws to 13
have effect on or after the changeover day. 14
`(3) Until the changeover day, a reference in this Act to the authority 15
includes a reference to the former authority. 16
`(4) Until the changeover day, the Act as it was in force immediately 17
before the commencement continues to apply to the former authority, but 18
applies subject to this part. 19
`(5) On the changeover day, the former authority is dissolved and its 20
members go out of office. 21
`(6) This section expires on the changeover day. 22
of assets in the authority 23
`Vesting
`51.(1) On the commencement, the assets, rights and liabilities of the 24
former authority (including those under any contract or lease between the 25
former authority and anyone) vest in the authority. 26
`(2) This section expires on the changeover day. 27
s 19 29 s 19
Horticulture Legislation Amendment
legal proceedings 1
`Pending
`52.(1) A legal proceeding by or against the former authority that has not 2
been finished before the commencement may be continued and finished by 3
or against the authority. 4
`(2) This section expires on the changeover day. 5
staff 6
`Existing
`53.(1) On the commencement, a person who immediately before the 7
commencement was an officer or employee of the former authority 8
becomes an employee of the authority. 9
`(2) The person remains entitled to all existing and accruing rights of 10
employment. 11
`(3) This section expires on the changeover day. 12
superannuation arrangements and schemes 13
`Existing
`54.(1) A superannuation arrangement or scheme to which the former 14
authority was contributing at the commencement is taken to be a 15
superannuation scheme contributed to by the authority under this Act. 16
`(2) This section expires on the changeover day. 17
officers 18
`Market
`55.(1) A person who immediately before the commencement was a 19
market officer of the former authority whose duty was to ensure the orderly 20
conduct of business within Brisbane market (regardless of the title by which 21
the person was known) is taken to be appointed as a market officer of the 22
authority. 23
`(2) This section expires on the changeover day. 24
approvals, permits and licences 25
`Existing
`56.(1) An approval, permit or licence of the former authority in force 26
immediately before the commencement remains in force on the same 27
s 20 30 s 20
Horticulture Legislation Amendment
terms, subject to amendment or repeal under this Act, for 1 year after the 1
commencement. 2
to assist transfer of property 3
`Duty
`57.(1) The registrar of titles and all other persons who are required or 4
authorised to keep a register about dealings in property must, at the request 5
of the authority make in the register all entries necessary to record the 6
vesting of property in the authority by section 51.8 7
`(2) Fees and charges are not payable for a request under subsection (1). 8
of part 9
`Expiry
`58. This part expires 1 year after the commencement. 10
to the Trust 11
`References
`59.(1) In this Act, a reference to the Trust is a reference to the authority. 12
`(2) This section expires on the date of the first reprint of the Act 13
produced under the Reprints Act 1992.'. 14
and renumbering of Act 15
`Numbering
`60. In the next reprint of this Act produced under the Reprints Act 1992, 16
the provisions of this Act must be numbered and renumbered as permitted 17
by the Reprints Act 1992, section 43.'. 18
of schedule 19
Omission
Clause 20. Schedule-- 20
omit. 21
8 Section 51 (Vesting of assets in the authority)
s 21 31 s 24
Horticulture Legislation Amendment
PART 3--AMENDMENTS OF FARM PRODUCE 1
MARKETING ACT 1964 2
amended in pt 3 3
Act
Clause 21. This part amends the Farm Produce Marketing Act 1964. 4
of new pt 1 heading 5
Insertion
Clause 22. Before section 1-- 6
insert-- 7
`PART 1--PRELIMINARY'. 8
of s 2 (Commencement) 9
Omission
Clause 23. Section 2-- 10
omit. 11
of s 5 (Interpretation) 12
Amendment
Clause 24.(1) Section 5, heading-- 13
omit, insert-- 14
`Definitions'. 15
(2) Section 5(1), definitions "Court", "Deputy Registrar", "District", 16
"Insurer" and "Registrar"-- 17
omit. 18
(3) Section 5(1)-- 19
insert-- 20
` "approved form" see section 51.9 21
"deputy registrar" means the deputy registrar of farm produce 22
commercial sellers. 23
9 Section 51 (Approval of forms).
s 25 32 s 26
Horticulture Legislation Amendment
"insurer" means-- 1
(a) a person authorised to carry on insurance business under the 2
Insurance Act 1973 (Cwlth); or 3
(b) a financial institution; or 4
(c) a foreign society under the Financial Institutions Code. 5
"policy council" means the Horticulture Industry Policy Council. 6
"registrar" means the registrar of farm produce commercial sellers. 7
"State" includes a Territory'. 8
(4) Section 5(1), definition "Farm Produce Merchant", words after 9
`retail'-- 10
omit. 11
(5) Section 5(2)-- 12
omit. 13
of new pt 2 heading 14
Insertion
Clause 25. After section 5-- 15
insert-- 16
`PART 2--FARM PRODUCE COMMERCIAL 17
SELLERS'. 18
of s 6 19
Replacement
Clause 26. Section 6-- 20
omit, insert-- 21
and other officers 22
`Registrar
`6.(1) There is to be a registrar of farm produce commercial sellers 23
appointed by the Governor in Council. 24
`(2) The registrar is to be appointed under the Public Service 25
Management and Employment Act 1988. 26
s 27 33 s 29
Horticulture Legislation Amendment
`(3) A deputy registrar may be appointed under the Public Service 1
Management and Employment Act 1988.'. 2
of s 7 (Application for farm produce commercial seller's 3
Amendment
license) 4
Clause 27.(1) Section 7(2)(a), ` prescribed form'-- 5
omit, insert-- 6
`approved form'. 7
(2) Section 7(2)(c)-- 8
omit. 9
(3) Section 7(3)(e)-- 10
omit. 11
of s 8 (Renewal of license) 12
Amendment
Clause 28.(1) Section 8(1), `form prescribed'-- 13
omit, insert-- 14
`approved form'. 15
(2) Section 8(1)(a), `prescribed form'-- 16
omit, insert-- 17
`approved form'. 18
of s 9 (Appeal against refusal to grant or renew license) 19
Amendment
Clause 29.(1) Section 9(1) `court'-- 20
omit, insert-- 21
`Magistrates Court'. 22
(2) Section 9(2)(d)-- 23
omit. 24
s 30 34 s 33
Horticulture Legislation Amendment
`(3) Section 9(4) and (5)-- 1
omit. 2
of s 12 (Requirements on cancellation or suspension) 3
Amendment
Clause 30. Section 12(1) and (2), headings-- 4
omit. 5
of s 15 (Appeals with respect to cancellation or 6
Amendment
suspension of licenses) 7
Clause 31. Section 15, third sentence-- 8
omit. 9
of s 20 (Certain persons not to be employed by licensee) 10
Amendment
Clause 32.(1) Section 20(1) to (3), `Queensland or in any other State or any 11
Territory of the Commonwealth of'-- 12
omit. 13
(2) Section 20(7)-- 14
omit, insert-- 15
`(7) In this section-- 16
` "licence" includes any licence (however described) similar to a licence that 17
is issued under the law of another State.'. 18
of s 21 (Carrying on business without license) 19
Amendment
Clause 33. Section 21(2), words after paragraph (d)-- 20
omit, insert-- 21
`commits an offence. 22
Maximum penalty--20 penalty units or 6 months imprisonment.'. 23
s 34 35 s 37
Horticulture Legislation Amendment
of s 22 (Restriction on farm produce commercial seller 1
Amendment
purchasing consignments) 2
Clause 34. Section 22(5)-- 3
omit, insert-- 4
`(5) A person who contravenes this section commits an offence. 5
Maximum penalty--100 penalty units.'. 6
of s 22B (Requirement to register associated persons) 7
Amendment
Clause 35. Section 22B(5)-- 8
omit, insert-- 9
`(5) A person who contravenes this section commits an offence. 10
Maximum penalty--100 penalty units.'. 11
of s 24 (Purchase memorandum note or other record) 12
Amendment
Clause 36.(1) Section 24(1), ` prescribed form'-- 13
omit, insert-- 14
`approved form'. 15
(2) Section 24(4)-- 16
omit, insert-- 17
`(4) A farm produce commercial seller who contravenes this section 18
commits an offence. 19
Maximum penalty-- 20
(a) for a first offence--40 penalty units; or 21
(b) for a second or later offence--100 penalty units.'. 22
of s 25 (Account of moneys received and their 23
Amendment
application) 24
Clause 37. Section 25(2), words after `particular'-- 25
omit, insert-- 26
s 38 36 s 40
Horticulture Legislation Amendment
`commits an offence. 1
`Maximum penalty--40 penalty units.'. 2
of s 26 (Payment to vendor by farm produce commercial 3
Amendment
seller) 4
Clause 38.(1) Section 26(3)-- 5
omit, insert-- 6
`(3) A farm produce commercial seller who contravenes this section 7
commits an offence. 8
Maximum penalty--40 penalty units.'. 9
of s 27 (Payment of moneys to principal) 10
Amendment
Clause 39. Section 27, `$2 000'-- 11
omit, insert-- 12
`40 penalty units'. 13
of s 30 (Banking of moneys) 14
Amendment
Clause 40.(1) Section 30(1), after `account'-- 15
insert-- 16
`with a financial institution'. 17
(2) Section 30(6), `bank account'-- 18
omit, insert-- 19
`account'. 20
(3) Section 30(6), `the bank'-- 21
omit, insert-- 22
`the financial institution'. 23
(4) Section 30(9)-- 24
omit. 25
s 41 37 s 43
Horticulture Legislation Amendment
(5) Section 30(12)-- 1
omit, insert-- 2
`(12) A farm produce commercial seller who contravenes this section 3
commits an offence. 4
Maximum penalty--40 penalty units.'. 5
of s 31 (Duty of bank manager) 6
Amendment
Clause 41.(1) Section 31, `bank'-- 7
omit, insert-- 8
`financial institution'. 9
(2) Section 31, second sentence-- 10
omit, insert-- 11
`(2) A manager or other principal officer of a financial institution who 12
contravenes subsection (1) commits an offence. 13
Maximum penalty--10 penalty units.'. 14
of s 32 (Inspection, audit etc. by registrar etc.) 15
Amendment
Clause 42. Section 32(10)-- 16
omit, insert-- 17
`(10) A person who contravenes subsection (1) commits an offence. 18
Maximum penalty--40 penalty units.'. 19
of s 33 (Audit of farm produce accounts etc.) 20
Amendment
Clause 43.(1) Section 33(3)(c), `$1 000.'-- 21
omit, insert-- 22
`20 penalty units.'. 23
(2) Section 33(6)-- 24
omit, insert-- 25
s 44 38 s 47
Horticulture Legislation Amendment
`(6) A farm produce commercial seller who contravenes this section 1
commits an offence. 2
Maximum penalty--20 penalty units.'. 3
of s 36 (Registered office of licensee) 4
Amendment
Clause 44.(1) Section 36(1)(b), `form prescribed'-- 5
omit, insert-- 6
`approved form'. 7
(2) Section 36(5), words after `of business'-- 8
omit, insert-- 9
`commits an offence. 10
Maximum penalty--10 penalty units.'. 11
of s 39 (Offence to demand excess or improper 12
Amendment
remuneration) 13
Clause 45. Section 39, first sentence, words after `so prescribed,'-- 14
omit, insert-- 15
`commits an offence. 16
Maximum penalty--20 penalty units.'. 17
of s 42 (Entries in register) 18
Amendment
Clause 46. Section 42(1) and (2), headings-- 19
omit. 20
of s 43 (Appropriation of fees etc.) 21
Omission
Clause 47. Section 43-- 22
omit. 23
s 48 39 s 48
Horticulture Legislation Amendment
of new pt 3 1
Insertion
Clause 48. After section 45-- 2
insert-- 3
`PART 3--THE HORTICULTURE INDUSTRY 4
POLICY COUNCIL 5
of policy council 6
`Establishment
`46. A council called the Horticultural Industry Policy Council is 7
established. 8
unctions 9
`F
`46A. The policy council has the following functions-- 10
(a) to address, and advise on, the long-term strategic issues facing the 11
industry, and to develop appropriate policy responses; 12
(b) to examine, and make recommendations to the Minister on, 13
industry issues, either on the council's own initiative or if asked 14
by the Minister or the authority; 15
(c) to examine, and make recommendations to the Minister on, the 16
authority's strategic plan; 17
(d) to find out industry views on industry administration, and give 18
them to the Minister; 19
(e) assist in the selection of members of the authority; 20
(f) to examine the State's legislation about horticulture and make 21
recommendations to the Minister about-- 22
(i) its operation; and 23
(ii) the achievement of its objectives. 24
25
`Composition
`46B.(1) The policy council consists of-- 26
s 49 40 s 49
Horticulture Legislation Amendment
(a) the Minister or the Minister's nominee (who is to be chairperson 1
of the council); and 2
(b) the other persons the Minister considers necessary and 3
appropriate to represent adequately all sectors of the industry, and 4
appoints to membership of the council. 5
`(2) The conditions on which members of the policy council hold office 6
are to be as decided by the Minister. 7
8
`Meetings
`46C.(1) The policy council may meet whenever it is necessary to 9
transact its business. 10
`(2) However, the council must meet at least once every 6 months. 11
`(3) The Minister-- 12
(a) may at any time call a meeting of the council; and 13
(b) must call a meeting if asked by at least three-quarters of the 14
council members. 15
council committees 16
`Policy
`46D.(1) The policy council may establish committees to advise it. 17
`(2) The council may decide-- 18
(a) the functions of a committee; and 19
(b) the membership of a committee; and 20
(c) how the committee is to operate.'. 21
of new pt 4 heading 22
Insertion
Clause 49. Before section 47-- 23
insert-- 24
`PART 4--MISCELLANEOUS'. 25
s 50 41 s 52
Horticulture Legislation Amendment
of s 47 (Proceedings evidence etc.) 1
Amendment
Clause 50.(1) Section 47, heading-- 2
omit, insert-- 3
`Prosecution of offences'. 4
(2) Section 47(1) to (3)-- 5
omit, insert-- 6
`47.(1) An offence against this Act is a summary offence.'. 7
of s 48 (Offences and penalties) 8
Amendment
Clause 51.(1) Section 48(2), `$1 000'-- 9
omit, insert-- 10
`20 penalty units'. 11
(2) Section 48(3), `$200'-- 12
omit, insert-- 13
`4 penalty units'. 14
(3) Section 48(4)-- 15
omit. 16
of s 50 (Regulations) 17
Amendment
Clause 52.(1) Section 50, heading-- 18
omit, insert-- 19
`Regulation making power'. 20
(2) Section 50(1)-- 21
omit, insert-- 22
`50.(1) The Governor in Council may make regulations under this Act.'. 23
(3) Section 50(2) and (3)-- 24
omit. 25
(4) Section 50(4), from `Without limiting' to `things:--' 26
s 52 42 s 52
Horticulture Legislation Amendment
omit, insert-- 1
`A regulation may be made about--'. 2
(5) Section 50(4)(ix)-- 3
omit. 4
(6) Section 50(4)(xi), `Prescribing particulars' to `charged for such farm 5
produce.'-- 6
omit. 7
(7) Section 50(4)(xiii), `bank'-- 8
omit, insert-- 9
`financial institution'. 10
(8) Section 50(4)(xviii), `forms of'-- 11
omit. 12
(9) Section 50(4)(xxi), `thereby secured' to `companies and firms'-- 13
omit. 14
(10) Section 50(4)(xxi), proviso-- 15
omit. 16
(11) Section 50(4)(xxv), `$500'-- 17
omit, insert-- 18
`10 penalty units'. 19
(12) Section 50(4)(xxvii)-- 20
omit. 21
(13) Section 50(4)(xxviii), `, duties,'-- 22
omit. 23
(14) Section 50(4)(xxix)-- 24
omit. 25
(15) Section 50, as amended-- 26
relocate as section 53. 27
s 53 43 s 54
Horticulture Legislation Amendment
of s 51 (Publication of proclamations) 1
Replacement
Clause 53. Section 51-- 2
omit, insert-- 3
of forms 4
`Approval
`51. The chief executive may approve forms for use under this Act. 5
provision about forms 6
`Transitional
`51A.(1) This section applies if-- 7
(a) immediately before its commencement, there was a prescribed 8
form for a matter; and 9
(b) on the commencement, there is to be an approved form for the 10
matter. 11
`(2) Until there is an approved form for the matter, the form that was the 12
prescribed form for the matter immediately before the commencement is 13
taken to be the approved form for the matter. 14
`(3) This section expires 6 months after it commences.'. 15
of new s 54 16
Insertion
Clause 54. After section 53-- 17
insert-- 18
of Act 19
`Expiry
`54. This Act expires on 31 December 1999.'. 20
21
© State of Queensland 1995
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