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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Primary Industry Bodies
Reform Amendment Bill 2004
Queensland
Primary Industry Bodies Reform
Amendment Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 43 (Meaning of eligible grower for sdiv 3) . . . . 4
43 Meaning of eligible grower for sdiv 3 . . . . . . . . . . . . . 4
4 Replacement of s 46 (Change of trustee or termination of trust) . 5
46 Termination of trust by notice . . . . . . . . . . . . . . . . . . . 5
46A Obligation of replacement corporation to give notice
of its proposed use of trust property. . . . . . . . . . . . . . 6
46B Automatic termination of trust if termination notice
not given by 30 June 2005 and s 46A has been
complied with ........................ 6
46C Obligation of replacement corporation to give
copies of particular notices. . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 108 (Expiry). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 7
2004
A Bill
for
An Act to amend the Primary Industry Bodies Reform Act 1999
s1 4 s3
Primary Industry Bodies Reform Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Primary Industry Bodies Reform 3
Amendment Act 2004. 4
Clause 2 Act amended 5
This Act amends the Primary Industry Bodies Reform 6
Act 1999. 7
Clause 3 Replacement of s 43 (Meaning of eligible grower for 8
sdiv 3) 9
Section 43-- 10
omit, insert-- 11
`43 Meaning of eligible grower for sdiv 3 12
`(1) In this subdivision, an eligible grower is a person who, from 13
time to time, supplies sugar cane to a building or other 14
structure that is equipped for the manufacture of sugar from 15
sugar cane. 16
`(2) In this section-- 17
sugar means all raw sugar, crystal sugar, sugar syrups, 18
inverted syrups, liquid sugar and any other form of 19
manufactured sugar other than the following-- 20
(a) final molasses; 21
(b) a form of sugar manufactured from another form of 22
sugar previously disposed of by Queensland Sugar 23
Limited ACN 090 152 211; 24
(c) sugar the source of which was grown outside the State. 25
sugar cane means any plant or part of a plant, whether or not 26
the part has been crushed, of the genus Saccharum or of any 27
hybrid of that genus.'. 28
s4 5 s4
Primary Industry Bodies Reform Amendment Bill 2004
Clause 4 Replacement of s 46 (Change of trustee or termination of 1
trust) 2
Section 46-- 3
omit, insert-- 4
`46 Termination of trust by notice 5
`(1) The required number of eligible growers may, by signed 6
notice (a termination notice) to the trustee-- 7
(a) terminate the trust; and 8
(b) direct the trustee to-- 9
(i) transfer all of the trust property to a stated 10
corporation or corporations, absolutely; or 11
(ii) divide the trust property into stated parts and 12
transfer each of the parts to a stated corporation or 13
corporations, absolutely. 14
`(2) However, a termination notice may be given only if the 15
constitution of the stated corporation or corporations-- 16
(a) does not allow the stated corporation or corporations to 17
act for the profit or gain of any individual eligible 18
grower; and 19
(b) does not prevent any eligible grower in the relevant area 20
from applying to become a member of the stated 21
corporation or corporations if the grower resides in the 22
area. 23
`(3) A termination notice may be made up of different documents 24
to the same effect that, together, are signed by the required 25
number eligible growers. 26
`(4) For subsection (1)(b)(ii), a different corporation or 27
corporations may be stated for each stated part of the trust 28
property. 29
`(5) In this section-- 30
relevant area means the part of the State that corresponds to 31
the area of production of sugar cane that is, or is to be, the 32
principal area of operation of the stated corporation or 33
corporations. 34
s4 6 s4
Primary Industry Bodies Reform Amendment Bill 2004
required number, of eligible growers, means a number of 1
eligible growers that is at least two thirds of all the eligible 2
growers. 3
`46A Obligation of replacement corporation to give notice 4
of its proposed use of trust property 5
`If a termination notice has not been given on or before 6
31 December 2004, the replacement corporation1 must give 7
each eligible grower a written notice stating how it proposes 8
to use the trust property should, under section 46B, the trust 9
property become its property. 10
`46B Automatic termination of trust if termination notice 11
not given by 30 June 2005 and s 46A has been 12
complied with 13
`(1) This section applies if a termination notice has not been given 14
on or before 30 June 2005. 15
`(2) On 1 July 2005-- 16
(a) the trust is terminated; and 17
(b) all of the trust property is taken to have been transferred 18
to the replacement corporation, absolutely; and 19
(c) any liability mentioned in section 45 and any liability of 20
the replacement corporation as trustee of the trust 21
becomes a liability of the replacement corporation. 22
`(3) However, if the replacement corporation has not complied 23
with section 46A, subsection (2) only applies if-- 24
(a) the replacement corporation gives each eligible grower a 25
notice mentioned in section 46A; and 26
(b) no termination notice is given within 30 business days 27
after the giving of the notice. 28
1 The replacement corporation is Queensland Cane Growers Organisation Limited
A.C.N. 089 992 969.
s5 7 s6
Primary Industry Bodies Reform Amendment Bill 2004
`46C Obligation of replacement corporation to give 1
copies of particular notices 2
`(1) The replacement corporation must, as soon as practicable 3
after the date of assent, give the Minister a copy of any notice 4
given under old section 46(1). 5
`(2) If the replacement corporation is given a termination notice it 6
must give the Minister a copy as soon as practicable. 7
`(3) If no termination notice has been given by 1 July 2005, the 8
replacement corporation must, as soon as practicable, give the 9
Minister written notice of that fact. 10
`(4) If the replacement corporation gives a notice under section 11
46A or 46B(3) it must give the Minister a copy as soon as 12
practicable. 13
`(5) In this section-- 14
date of assent means the date of assent of the Primary 15
Industry Bodies Reform Amendment Act 2004. 16
old section 46(1) means section 46(1), as immediately in 17
force before the date of assent.'. 18
Clause 5 Amendment of s 108 (Expiry) 19
Section 108, `30 June 2005'-- 20
omit, insert-- 21
`31 December 2005'. 22
Clause 6 Amendment of schedule (Dictionary) 23
Schedule-- 24
insert-- 25
`termination notice see section 46(1).'. 26
© State of Queensland 2004
AMENDMENTS TO BILL
1
Primary Industry Bodies Reform Amendment Bill 2004
Primary Industry Bodies Reform
Amendment Bill 2004
Amendments agreed to during Consideration
1 Clause 4--
At page 5, lines 15 to 23--
omit, insert--
` `(2) However, a termination notice may be given only if--
(a) it is signed by or for each stated corporation or
corporations; and
(b) the constitution of the stated corporation or
corporations--
(i) does not allow the stated corporation or
corporations to act for the profit or gain of any
individual eligible grower; and
(ii) does not prevent any eligible grower in the relevant
area from applying to become a member of the
stated corporation or corporations if the grower
resides in the area.'.
2 Clause 4--
At page 5, after line 29--
insert--
` `(4A) On the giving of a termination notice, any liability mentioned
in section 45 and any liability of the replacement corporation
as trustee of the trust becomes a liability of the stated
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