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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RURAL ADJUSTMENT
AUTHORITY BILL 1994
Queensland
RURAL ADJUSTMENT AUTHORITY
BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--QUEENSLAND RURAL ADJUSTMENT AUTHORITY
Division 1--Establishment of Authority
5 Establishment of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Legal status of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Functions and powers of Authority
8 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Specific limitations about borrowing and investing . . . . . . . . . . . . . . . . . . . 10
PART 3--FINANCIAL ASSISTANCE
11 Approved assistance schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Administering approved assistance schemes . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Funding of approved assistance schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 4--OTHER PROVISIONS ABOUT THE AUTHORITY
Division 1--The board
14 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Role of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Rural Adjustment Authority
17 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Proceedings of the board
19 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Financial matters
23 Application of Financial Administration and Audit Act . . . . . . . . . . . . . . . . 16
24 Administration budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4--Other things about the Authority
25 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 5--STAFF OF THE AUTHORITY
Division 1--Chief executive officer
28 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Restriction on appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Public Service Management and Employment Act not to apply . . . . . . . . . 17
32 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Chief executive officer not to engage in other paid employment . . . . . . . . 18
34 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Staffing the Authority
36 Authority staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
37 Alternative staffing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Conflict of interest
38 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 6--MISCELLANEOUS
39 Duty to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Rural Adjustment Authority
41 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
42 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
43 Calling up financial assistance obtained by false statement . . . . . . . . . . . . 21
44 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 7--SAVINGS, TRANSITIONAL AND VALIDATION
PROVISIONS
Division 1--Interpretation
45 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Transitional references
46 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 References to Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Provisions expiring in 1 year or more
48 Vesting of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
50 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
51 Interest rates for certain existing Young Farmers Establishment
Scheme loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4--Provisions expiring in 6 months
53 Expiry of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
55 Former QIDC Act schemes still being administered . . . . . . . . . . . . . . . . . . 27
56 Validation of certain schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 8--REPEALS
57 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 29
ACTS REPEALED
1994
A BILL
FOR
An Act to establish an authority to give assistance to rural producers
and certain small businesses, and for related purposes
s1 6 s4
Rural Adjustment Authority
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Rural Adjustment Authority Act 1994. 4
5
Commencement
2. This Act commences on the day section 3 of the Queensland Industry 6
Development Corporation Act 1994 commences. 7
of Act 8
Objective
3.(1) The objective of this Act is to establish a body, the Queensland 9
Rural Adjustment Authority, to deliver financial and other assistance 10
primarily targeted at fostering the development of a more productive rural 11
sector. 12
(2) The Authority's activities are to be directed mainly at giving 13
assistance to rural producers who have long-term viability, although the 14
Authority will also help persons leave rural production. 15
(3) However, the body may also give assistance to small businesses 16
(other than rural producers), and other elements of the State's economy, in 17
periods when they are experiencing temporary difficulty. 18
19
Definitions
4. In this Act-- 20
"approved assistance scheme" see section 11. 21
"Authority" means the Queensland Rural Adjustment Authority. 22
"Authority's assistance funds" means amounts held by the Authority, if 23
the amounts have been-- 24
s4 7 s4
Rural Adjustment Authority
(a) advanced to the Authority by the State for giving financial 1
assistance under approved assistance schemes; or 2
(b) paid to the Authority by persons to whom financial assistance has 3
been given, whether the assistance was given before or after the 4
commencement of this Act; or 5
(c) earned on-- 6
(i) the investment by the Authority of the amounts mentioned 7
in paragraphs (a) or (b); or 8
(ii) loans made, whether before or after the commencement of 9
this Act, in giving financial assistance. 10
"board" means the Authority's board of directors. 11
"chairperson" means the chairperson of the board. 12
"chief executive officer" means the Authority's chief executive officer. 13
"director" means a director of the board, and includes the chairperson. 14
"government owned corporation" has the same meaning as in the 15
Government Owned Corporations Act 1993. 16
"officer" of the Authority means any of the following-- 17
(a) the chief executive officer; 18
(b) an Authority employee, whether or not there is a written contract 19
of employment between the Authority and the employee; 20
(c) an individual who performs services for the Authority-- 21
(i) under a contract (other than a contract of employment) 22
between the individual and the Authority; or 23
(ii) under an arrangement between the Authority and a person 24
(other than the individual). 25
"public accounts" has the meaning given by section 10 of the Financial 26
Administration and Audit Act 1977. 27
s5 8 s8
Rural Adjustment Authority
ART 2--QUEENSLAND RURAL ADJUSTMENT 1
P
AUTHORITY 2
1--Establishment of Authority 3
Division
of Authority 4
Establishment
5. The Queensland Rural Adjustment Authority is established. 5
status of Authority 6
Legal
6. 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
represents the State 11
Authority
7.(1) The Authority represents the State. 12
(2) Without limiting subsection (1), the Authority-- 13
(a) has all the privileges and immunities of the State; and 14
(b) is an exempt public authority under the Corporations Law. 15
2--Functions and powers of Authority 16
Division
functions 17
Authority's
8.(1) The Authority's primary function is to put approved assistance 18
schemes into effect by-- 19
(a) ensuring the schemes are properly and fairly administered; and 20
(b) directly giving the assistance the schemes provide for. 21
(2) The other functions of the Authority are-- 22
s9 9 s9
Rural Adjustment Authority
(a) to arrange for education, training and advice to applicants under 1
approved assistance schemes; and 2
(b) to negotiate for assistance funding with all levels of government; 3
and 4
(c) to carry out research into, and develop policies on, issues 5
affecting persons likely to receive assistance under this Act; and 6
(d) to review, and give advice to the Minister on-- 7
(i) proposed assistance schemes; and 8
(ii) the implementation of approved assistance schemes; and 9
(iii) economic and other conditions in the rural sector; and 10
(e) to consult, and liaise with-- 11
(i) commercial lenders and financial advisers; and 12
(ii) units of the public sector with the function of helping the 13
rural and small business sectors of the economy, and 14
equivalent entities of other States or the Commonwealth; and 15
(iii) organisations representing the interests of persons likely to 16
receive assistance under this Act; and 17
(f) to perform functions incidental to a function under another 18
paragraph of this subsection; and 19
(g) to perform other functions given to the Authority under this Act 20
or another Act; and 21
(h) other functions prescribed by regulation. 22
powers 23
Authority's
9.(1) The Authority has all the powers of an individual, and may, for 24
example-- 25
(a) enter into contracts; and 26
(b) acquire, hold, deal with and dispose of property; and 27
(c) appoint agents and attorneys; and 28
(d) charge for, and fix conditions for the supply of, the goods, 29
s 10 10 s 10
Rural Adjustment Authority
services and information it supplies; and 1
(e) engage consultants; and 2
(f) do anything else necessary or convenient to be done for, or in 3
connection with, the performance of its functions. 4
(2) Without limiting subsection (1), the Authority has the powers given 5
to it under this or another Act. 6
limitations about borrowing and investing 7
Specific
10.(1) This section states some limitations on the way the Authority may 8
borrow and invest. 9
(2) The Authority may borrow an amount only if the Minister has first 10
agreed to the borrowing. 11
(3) The Authority may invest an amount it does not immediately need 12
for performing its functions. 13
(4) However, the Authority cannot invest an amount for more than 14
3 years. 15
(5) The Authority may invest an amount only-- 16
(a) in securities issued or guaranteed by a State or the 17
Commonwealth; or 18
(b) with a bank, including on deposit with a bank; or 19
(c) in securities issued, guaranteed or accepted by a bank; or 20
(d) with an authorised dealer in the short-term money market, if the 21
dealer has established lines of credit with the Reserve Bank of 22
Australia as lender of last resort; or 23
(e) in a way approved by the Minister. 24
(6) The Authority must not, without the Minister's agreement, delegate 25
to a person the Authority's power to invest. 26
s 11 11 s 12
Rural Adjustment Authority
ART 3--FINANCIAL ASSISTANCE 1
P
assistance schemes 2
Approved
11.(1) An "approved assistance scheme" is a scheme that-- 3
(a) states the purpose and nature of financial assistance that may be 4
given; and 5
(b) identifies the categories of persons eligible to receive the 6
assistance; and 7
(c) is approved by the Governor in Council. 8
(2) An approved assistance scheme-- 9
(a) may include conditions on which financial assistance must be 10
given; and 11
(b) may provide for-- 12
(i) payments into the public accounts of amounts of the 13
Authority's assistance funds associated with the scheme; 14
and 15
(ii) write-offs to loan balances. 16
(3) As soon as practicable after an approved assistance scheme is created, 17
a document explaining the scheme must be open to inspection at the 18
Authority's office. 19
(4) The Authority may give financial assistance only under an approved 20
assistance scheme. 21
approved assistance schemes 22
Administering
12.(1) In administering an approved assistance scheme, the Authority 23
may-- 24
(a) assess and decide applications for assistance under the scheme; 25
and 26
(b) cancel the provision of assistance; and 27
(c) put conditions on the giving of assistance; and 28
s 13 12 s 15
Rural Adjustment Authority
(d) change the arrangements for the repayment of debts to the 1
Authority; and 2
(e) decline to deal with applications made by persons previously 3
refused assistance under the scheme; and 4
(f) decide its own procedures; and 5
(g) keep operational accounts with banks within Australia. 6
(2) However, in administering an approved assistance scheme, the 7
Authority must comply with-- 8
(a) the contents of the scheme; and 9
(b) agreements entered into between the Authority and persons 10
receiving assistance under the scheme. 11
of approved assistance schemes 12
Funding
13. Amounts of financial assistance given by the Authority under an 13
approved assistance scheme are to be drawn from the Authority's 14
assistance funds. 15
PART 4--OTHER PROVISIONS ABOUT THE 16
AUTHORITY 17
1--The board 18
Division
board 19
The
14. The Authority has a board of directors. 20
of the board 21
Role
15.(1) The board is responsible for the way the Authority performs its 22
functions and exercises its powers. 23
(2) Without limiting subsection (1), it is the board's role to ensure the 24
s 16 13 s 18
Rural Adjustment Authority
Authority performs its functions in an appropriate, effective and efficient 1
way. 2
of board 3
Composition
16.(1) The board consists of-- 4
(a) the chairperson; and 5
(b) at least 5, but not more than 7, other directors. 6
(2) The Governor in Council-- 7
(a) decides the actual number of other directors; and 8
(b) appoints the chairperson and other directors. 9
of appointment 10
Duration
17.(1) The appointment of a director is for the term (not longer than 11
3 years) stated in the director's instrument of appointment. 12
(2) The office of a director becomes vacant if-- 13
(a) the director resigns by signed notice to the Minister; or 14
(b) the director is found guilty of an indictable offence or an offence 15
against this Act; or 16
(c) the director becomes employed by, or becomes a contractor of, 17
the Authority; or 18
(d) the director's appointment is ended by the Governor in Council 19
under subsection (3). 20
(3) The Governor in Council may, at any time, end the appointment of a 21
director for any reason or none. 22
of appointment 23
Conditions
18.(1) A director is appointed on a part-time basis. 24
(2) A director is entitled to be paid the remuneration and allowances fixed 25
by the Governor in Council. 26
s 19 14 s 20
Rural Adjustment Authority
2--Proceedings of the board 1
Division
and place of meetings 2
Time
19.(1) The board may hold its meetings when and where it decides. 3
(2) However, the board must meet at least once every 3 months. 4
(3) The chairperson-- 5
(a) may at any time call a meeting of the board; and 6
(b) must call a meeting if asked by one quarter or more of the other 7
directors. 8
of proceedings 9
Conduct
20.(1) The chairperson presides at all meetings of the board at which the 10
chairperson is present. 11
(2) If the chairperson is absent, the director chosen by the directors 12
present presides. 13
(3) At a meeting of the board-- 14
(a) a quorum is at least half the directors appointed; and 15
(b) a question is decided by a majority of the votes of the directors 16
present and voting; and 17
(c) each director present has a vote on each question to be decided 18
and, if the votes are equal, the director presiding has a casting 19
vote. 20
(4) The board may conduct its proceedings (including its meetings) as it 21
considers appropriate. 22
(5) The board may hold meetings, or permit directors to take part in 23
meetings, by telephone, closed-circuit television or another form of 24
communication. 25
(6) A director who takes part in a meeting of the board under 26
subsection (5) is taken to be present at the meeting. 27
(7) A resolution is a valid resolution of the board, even though it is not 28
passed at a meeting of the board, if-- 29
s 21 15 s 22
Rural Adjustment Authority
(a) at least half the directors give written agreement to the resolution; 1
and 2
(b) notice of the resolution is given under procedures approved by the 3
board. 4
of interests 5
Disclosure
21.(1) A director must disclose to a meeting of the board a direct or 6
indirect financial interest in an issue being considered or about to be 7
considered by the board if-- 8
(a) the director, or a person who, under the regulations, is related to 9
the director, has the interest; and 10
(b) the interest could conflict with the appropriate performance of the 11
director's duties about the consideration of the issue. 12
(2) The disclosure must be recorded in the board's minutes and, unless 13
the board otherwise directs, the director must not be present when the board 14
considers the issue, or take part in a decision of the board on the issue. 15
(3) Another director who also has, or who is, under the regulations, 16
related to a person who also has, a direct or indirect financial interest in the 17
issue must not-- 18
(a) be present when the board is considering its decision under 19
subsection (2); or 20
(b) take part in making the decision. 21
(4) If, because of this section, a director is not present at a meeting of the 22
board for the deliberation of the board about an issue, but there would be a 23
quorum if the director were present, the remaining directors present are a 24
quorum for the board's deliberation or decision about the issue at the 25
meeting. 26
inutes 27
M
22. The board must keep minutes of its proceedings. 28
s 23 16 s 26
Rural Adjustment Authority
3--Financial matters 1
Division
of Financial Administration and Audit Act 2
Application
23.(1) The Authority is a statutory body within the meaning of the 3
Financial Administration and Audit Act 1977. 4
(2) This section is enacted to avoid doubt. 5
budget 6
Administration
24.(1) For each financial year, the Authority must develop, adopt and 7
submit to the Minister an administration budget not later than the day the 8
Minister directs. 9
(2) An administration budget has no effect until approved by the 10
Minister. 11
(3) During a financial year the Authority may develop, adopt and submit 12
to the Minister amendments to its administration budget. 13
(4) An amendment has no effect until approved by the Minister. 14
4--Other things about the Authority 15
Division
16
Seal
25. Judicial notice must be taken of the imprint of the Authority's seal 17
appearing on a document, and the document must be presumed to have 18
been properly sealed unless the contrary is proved. 19
of certain Acts 20
Application
26. The Authority is-- 21
(a) a unit of public administration under the Criminal Justice Act 22
1989; and 23
(b) an agency under the Equal Opportunity in Public Employment 24
Act 1992. 25
s 27 17 s 32
Rural Adjustment Authority
1
Delegation
27. The Authority may delegate its powers to a director or an officer of 2
the Authority. 3
PART 5--STAFF OF THE AUTHORITY 4
Division 1--Chief executive officer 5
executive officer 6
Chief
28.(1) The Authority must have a chief executive officer (however 7
called). 8
(2) The chief executive officer is responsible for ensuring the Authority 9
is managed as required by the policies of the board. 10
11
Appointment
29. The chief executive officer is appointed by the Governor in Council. 12
on appointment 13
Restriction
30. A director must not be appointed as chief executive officer. 14
Service Management and Employment Act not to apply 15
Public
31. The Public Service Management and Employment Act 1988 does not 16
apply to the appointment of the chief executive officer. 17
of appointment 18
Term
32. The chief executive officer holds office for the term (not longer than 19
5 years) stated by the Governor in Council in the instrument of 20
appointment. 21
s 33 18 s 36
Rural Adjustment Authority
executive officer not to engage in other paid employment 1
Chief
33. The chief executive officer must not, without the approval of the 2
board-- 3
(a) engage in paid employment outside the duties of the office of 4
chief executive officer; or 5
(b) actively take part in the activities of a business, or in the 6
management of a corporation carrying on business. 7
of appointment 8
Conditions
34. The chief executive officer holds office on the conditions (including 9
conditions for remuneration, allowances and remuneration when the 10
appointment ends) fixed by the Authority. 11
chief executive officer 12
Acting
35. The Governor in Council may appoint a person, who is eligible for 13
appointment as chief executive officer, to act in the office of chief executive 14
officer during-- 15
(a) any vacancy, or all vacancies, in the office; or 16
(b) any period, or all periods, when the chief executive officer is 17
absent from duty, or cannot, for another reason, perform the 18
duties of the office. 19
2--Staffing the Authority 20
Division
staff 21
Authority
36.(1) The Authority may engage the employees it considers necessary 22
to perform its functions. 23
(2) The Authority may decide its employees' conditions of employment. 24
(3) However, subsection (2) has effect subject to any relevant award, 25
industrial agreement, certified agreement or enterprise flexibility agreement. 26
(4) The Public Service Management and Employment Act 1988 and the 27
s 37 19 s 38
Rural Adjustment Authority
Public Sector Management Commission Act 1990 do not apply to the 1
Authority or to persons engaged under this section. 2
(5) In subsection (2)-- 3
"conditions of employment" includes conditions about duration of the 4
employment and ending the employment. 5
staffing arrangements 6
Alternative
37. The Authority may arrange with the chief executive of a department, 7
an authority of the State or a government owned corporation, for the 8
services of officers or employees of the department, authority or 9
corporation to be made available to the Authority. 10
Division 3--Conflict of interest 11
of interests 12
Disclosure
38.(1) This section applies to an officer of the Authority if-- 13
(a) the officer, or a person who, under the regulations, is related to 14
the officer, has a direct or indirect financial interest in an issue 15
being decided, or about to be decided by the Authority (whether 16
or not under a delegation from the Authority); and 17
(b) the interest could conflict with the proper performance of the 18
officer's duties about the decision. 19
(2) As soon as practicable after the officer becomes aware of the facts 20
causing this section to apply to the officer, the officer must disclose the 21
nature of the interest to the Authority. 22
s 39 20 s 41
Rural Adjustment Authority
ART 6--MISCELLANEOUS 1
P
to act honestly 2
Duty
39.(1) This section applies to a person who is a director or an officer of 3
the Authority. 4
(2) A person to whom this section applies must at all times act honestly 5
in the exercise of the person's powers and the discharge of the person's 6
duties. 7
Maximum penalty--200 penalty units. 8
of information 9
Disclosure
40. A person must not disclose information obtained in the 10
administration of this Act (or another Act giving functions to the Authority) 11
unless the disclosure is made-- 12
(a) with the agreement of the person from whom the information 13
was obtained; or 14
(b) for the administration of this Act (or another Act giving functions 15
to the Authority); or 16
(c) in legal proceedings; or 17
(d) under the Criminal Justice Act 1989 or the Parliamentary 18
Commissioner Act 1974; or 19
(e) with another lawful excuse. 20
Maximum penalty--100 penalty units. 21
or misleading information 22
False
41.(1) A person must not for the purposes of this Act, including for the 23
purpose of an application for financial assistance under this Act-- 24
(a) state anything the person knows is false or misleading in a 25
material particular; or 26
(b) omit from a statement anything without which the statement is, to 27
the person's knowledge, misleading in a material particular. 28
s 42 21 s 43
Rural Adjustment Authority
Maximum penalty--200 penalty units. 1
(2) It is enough for a complaint against a person for an offence against 2
subsection (1)(a) or (b) to state that the statement made was false or 3
misleading to the person's knowledge. 4
or misleading documents 5
False
42.(1) A person must not, for the purposes of this Act, including for the 6
purpose of an application for financial assistance under this Act, give to the 7
Authority a document containing information the person knows is false, 8
misleading or incomplete in a material particular. 9
Maximum penalty--200 penalty units. 10
(2) Subsection (1) does not apply to a person who, when giving the 11
document-- 12
(a) informs the Authority, to the best of the person's ability, how it is 13
false, misleading or incomplete; and 14
(b) if the person has, or can reasonably obtain, the correct 15
information--gives the correct information to the Authority. 16
(3) It is enough for a complaint against a person for an offence against 17
subsection (1) to state that the document was false, misleading or 18
incomplete to the person's knowledge. 19
up financial assistance obtained by false statement 20
Calling
43.(1) This section applies to financial assistance given under this Act to 21
a person who-- 22
(a) in applying for the financial assistance contravened section 41 23
(False or misleading information) or 42 (False or misleading 24
documents); and 25
(b) would not otherwise have been given the financial assistance. 26
(2) The Authority may, by notice given to a person who has received 27
financial assistance to which this section applies-- 28
(a) call up a loan or other amount given as the financial assistance; 29
and 30
s 44 22 s 45
Rural Adjustment Authority
(b) exercise the Authority's rights under a security for the loan or 1
other amount. 2
(3) If the Authority calls up a loan or other amount under this section, the 3
amount is payable from the day the notice is given, or from a later day 4
stated in the notice. 5
6
Regulations
44. The Governor in Council may make regulations under this Act. 7
ART 7--SAVINGS, TRANSITIONAL AND 8
P
VALIDATION PROVISIONS 9
Division 1--Interpretation 10
11
Definitions
45.(1) In this Part (other than Division 2)-- 12
"commencement" means the commencement of this Part. 13
"former assistance provider" means QIDC, but only in its capacity as-- 14
(a) the body administering a former QIDC Act scheme; or 15
(b) the Corporation under section 7 (Transfer of assets and liabilities) 16
of the former QIDC Act, to the extent of the responsibilities of 17
GSD immediately before the commencement. 18
"former QIDC Act" means the Queensland Industry Development 19
Corporation Act 1985. 20
"former QIDC Act scheme" means a scheme of structural adjustment, 21
debt reconstruction or other financial assistance-- 22
(a) under section 42(3) (Corporation to act on prudent commercial 23
principles) of the former QIDC Act; or 24
(b) validated under section 56 (Validation of certain schemes) of this 25
s 46 23 s 47
Rural Adjustment Authority
Act. 1
"GSD" means the unit of QIDC that was known as the Government 2
Schemes Division. 3
"GSD assets and liabilities" means the assets and liabilities of QIDC 4
immediately before the commencement, if they became the assets and 5
liabilities of QIDC through-- 6
(a) the operation of section 7 (Transfer of assets and liabilities) of the 7
former QIDC Act, if, immediately before the commencement, 8
the assets and liabilities were the administrative responsibility of 9
GSD; or 10
(b) the administration of former QIDC Act schemes. 11
"QIDC" means the Queensland Industry Development Corporation. 12
(2) This section expires 1 year after it commences. 13
2--Transitional references 14
Division
of Division 15
Application
46. This Division applies to references in Acts in existence at its 16
commencement. 17
to Acts 18
References
47. A reference to any of the following Acts is taken to be a reference to 19
this Act-- 20
· Agricultural Bank (Loans) Act 1959 21
· Co-ordination of Rural Advances and Agricultural Bank 22
Act 1938 23
· Farmers' Assistance (Debts Adjustment) Act 1967 24
· Primary Producers' Assistance Act 1972. 25
s 48 24 s 51
Rural Adjustment Authority
3--Provisions expiring in 1 year or more 1
Division
of assets and liabilities 2
Vesting
48.(1) On the commencement, the GSD assets and liabilities vest in the 3
Authority. 4
(2) The other provisions of this Part do not limit subsection (1). 5
(3) Subsection (1) is a law to which section 20A of the Acts 6
Interpretation Act 1954 applies. 7
(4) This section expires 1 year after it commences. 8
legal proceedings 9
Pending
49.(1) A legal proceeding by or against the former assistance provider 10
that has not been finished before the commencement may be continued and 11
finished by or against the Authority. 12
(2) Subsection (1) is a law to which section 20A of the Acts 13
Interpretation Act 1954 applies. 14
(3) This section expires 1 year after it commences. 15
to assist transfer of property 16
Duty
50.(1) The Registrar of Titles and all other persons who keep registers 17
about dealings in property must, if asked by the Authority, make in the 18
register all entries necessary to record the vesting of property in the 19
Authority by section 48 (Vesting of assets and liabilities). 20
(2) A request under this section is not liable to fees or stamp duty. 21
(3) This section expires 3 years after it commences. 22
rates for certain existing Young Farmers Establishment 23
Interest
Scheme loans 24
51.(1) In this section-- 25
"advance" means an advance that was the subject of an order in council 26
under section 12 (Interest) of the repealed Act prescribing the rate of 27
s 52 25 s 52
Rural Adjustment Authority
interest payable for the advance. 1
"long-term bond rate", for a financial year, means the average of the 2
monthly rates for 10 year Treasury bonds, as published in the Reserve 3
Bank Bulletin, from the June immediately before the financial year to 4
the May of the financial year. 5
"prescribed proportion" means, for an advance in its-- 6
(a) first or second year--60%; and 7
(b) third or fourth year--70%; and 8
(c) fifth or sixth year--80%; and 9
(d) seventh or eighth year--90%; and 10
(e) ninth or later year--100%. 11
"repealed Act" means the Agricultural Bank (Loans) Act 1959. 12
(2) The rate of interest payable on amounts for the time being owing or 13
remaining unpaid for an advance is the prescribed proportion of the 14
long-term bond rate for the financial year previous to the financial year in 15
which the rate of interest is calculated. 16
(3) This section has effect from 1 July 1987. 17
(4) This section has effect despite anything to the contrary in the repealed 18
Act, including in an order in council made under section 12 of the repealed 19
Act. 20
(5) This section expires 10 years after it commences. 21
regulations 22
Transitional
52.(1) A regulation may make provision about a matter for which-- 23
(a) it is necessary or convenient to help the transition to the 24
performance by the Authority of functions previously performed 25
by QIDC; and 26
(b) this Act does not make enough provision. 27
(2) A regulation made for the purpose this Part may be given 28
retrospective operation to a day not earlier than the commencement. 29
(3) This section expires 1 year after it commences. 30
s 53 26 s 54
Rural Adjustment Authority
4--Provisions expiring in 6 months 1
Division
of this Division 2
Expiry
53. This Division expires 6 months after it commences. 3
4
Documents
54.(1) A document (other than an Act) in existence immediately before 5
the commencement and applying to the former assistance provider applies 6
to the Authority in place of the former assistance provider. 7
(2) Without limiting subsection (1), a document-- 8
(a) to which, immediately before the commencement, the former 9
assistance provider was a party, is taken to be a document to 10
which the Authority is a party in the way the former assistance 11
provider was a party; and 12
(b) given to, by or in favour of the former assistance provider is 13
taken to be a document given to, by or in favour of the Authority 14
in the way it was given to, by or in favour of the former 15
assistance provider; and 16
(c) in which a reference is made to the former assistance provider 17
(including, for example, a document to which the former 18
assistance provider was a party) is taken to be a document in 19
which the reference is made to the Authority in the way the 20
reference is made to the former assistance provider; and 21
(d) under which an amount was or might become payable to or by 22
the former assistance provider is taken to be a document under 23
which the amount is or may become payable to or by the 24
Authority in the way the amount was or might become payable to 25
or by the former assistance provider; and 26
(e) under which other property was to be, or might become liable to 27
be, transferred, conveyed or assigned to or by the former 28
assistance provider is taken to be a document under which the 29
property is to be, or may become liable to be, transferred, 30
conveyed or assigned to or by the Authority in the way the 31
property was to be, or might become liable to be, transferred, 32
s 55 27 s 56
Rural Adjustment Authority
conveyed or assigned to or by the former assistance provider. 1
(3) The continuing application of a document to QIDC, to the extent that 2
immediately before the commencement it applied to QIDC in a capacity 3
other than as the former assistance provider, is not affected by subsections 4
(1) and (2). 5
QIDC Act schemes still being administered 6
Former
55. A former QIDC Act scheme that, immediately before the 7
commencement, was being administered by QIDC, is taken to be an 8
approved assistance scheme. 9
of certain schemes 10
Validation
56.(1) This section applies to a scheme of structural adjustment, debt 11
reconstruction or other financial assistance (the "scheme")-- 12
(a) administered by QIDC before the commencement; but 13
(b) not approved under section 42(3) of the former QIDC Act. 14
(2) QIDC's administration of the scheme at any time is taken to have 15
been as valid and effective as it would have been if the scheme had been 16
approved under the former QIDC Act. 17
(3) Without limiting subsection (2)-- 18
(a) the terms and conditions on which QIDC administered the 19
scheme are taken to have been approved under the former QIDC 20
Act; and 21
(b) all amounts paid to QIDC to compensate it for the financial risks 22
involved in administering the scheme, and its administrative costs 23
associated with the scheme, are taken to have been paid under the 24
former QIDC Act; and 25
(c) QIDC's acting as principal or agent for the scheme is taken to 26
have been done under a decision given under the former QIDC 27
Act. 28
s 57 28 s 57
Rural Adjustment Authority
PART 8--REPEALS 1
2
Repeals
57. The Acts mentioned in the Schedule are repealed. 3
4
29
Rural Adjustment Authority
CHEDULE 1
¡S
CTS REPEALED 2
A
section 57 3
Agricultural Bank (Loans) Act 1959 8 Eliz 2 No. 26 4
Co-ordination of Rural Advances and Agricultural Bank Act 1938 14 Geo 5 5
No. 41, previously Rural Development Co-ordination of Advances Act 6
1938, previously Agricultural Bank Act 1923 7
Co-ordination of Rural Advances and Agricultural Bank Acts and Other 8
Acts Amendment Act 1945 9 Geo 6 No. 18 9
Drought Relief to Primary Producers Act 1940 4 Geo 6 No. 9 10
Drought Relief to Primary Producers Act Amendment Act 1961 10 Eliz 2 11
No. 22 12
Farmers' Assistance (Debts Adjustment) Act 1967 No. 17 13
Financial Arrangements and Development Aid Acts Repeal Act 1978 14
No. 16 15
Primary Producers' Assistance Act 1972 No. 29 16
Primary Producers' Assistance Act Amendment Act 1976 No. 11 17
Primary Producers' Organisation and Marketing Act and Another Act 18
Amendment Act 1985 No. 18 19
20
© State of Queensland 1994
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