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Queensland
SUGAR INDUSTRY
AMENDMENT BILL 2000
Queensland
SUGAR INDUSTRY AMENDMENT BILL
2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 47 (Individual agreement entered by grower with
mill owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
107A Review of sugar vesting scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of ss 111122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
111 Objective of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 123 (General powers of corporation) . . . . . . . . . . . . . . . . . 10
8 Omission of ss 124127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Insertion of new ch 4, pts 2A and 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2A--QUEENSLAND SUGAR LIMITED
128A QSL does not represent the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
128B Application and non-application of certain Acts . . . . . . . . . . . . . . . . 11
128C QSL's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
128D QSL's board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
128E Audit of QSL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
128F Minister's directions to QSL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
128G Minister may require information from QSL . . . . . . . . . . . . . . . . . . . 14
PART 2B--THE SUGAR AUTHORITY
Division 1--Constitution and membership
128H Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Sugar Industry Amendment
128I Judicial notice of corporation's seal . . . . . . . . . . . . . . . . . . . . . . . . . . 15
128J Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
128K Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--General provisions about the authority
128L Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
128M Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
128N Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
128O Meetings of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
128P Member's interest in a matter to be considered by the authority . . 18
Division 3--Authority's functions, powers and duties
128Q Functions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
128R General powers of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
128S Authority's staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
128T Authority's budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
128U Application of various public sector Acts . . . . . . . . . . . . . . . . . . . . . 20
Division 4--When authority can take over QSL's functions and powers
128V Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
128W Meaning of "moved out of the control of the Queensland
sugar industry" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
128X Minister's directions to authority to take over QSL's
functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
10 Amendment of s 149 (Functions and powers of a cane production
board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
11 Amendment of s 177 (General powers of a cane protection and
productivity board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Insertion of new ch 4, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 5A--REPLACEMENT CORPORATIONS FOR CANE
PROTECTION AND PRODUCTIVITY BOARDS
Division 1--Interpretation and application
183A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
183B Application to transfers from more than 1 board . . . . . . . . . . . . . . . . 23
Division 2--Steps to transfer and dissolution
183C Decision to transfer to non-statutory corporation . . . . . . . . . . . . . . . . 24
183D Things that must be decided for the transfer . . . . . . . . . . . . . . . . . . . 24
3
Sugar Industry Amendment
183E Deciding the replacement corporation . . . . . . . . . . . . . . . . . . . . . . . . 24
183F Notice of decision about replacement corporation . . . . . . . . . . . . . . 25
183G Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
183H Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
183I Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Provisions facilitating transfer
183J Exemption for cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
183K Registration of transferred assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
183L References to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
183M Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . . 28
183N Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
183O Officers cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Status of replacement corporation
183P Replacement corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 Amendment of s 193 (Functions of commissioner) . . . . . . . . . . . . . . . . . . . 29
14 Amendment of s 198 (Commissioner's budget) . . . . . . . . . . . . . . . . . . . . . . 29
15 Insertion of new s 227A and chs 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . 29
227A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CHAPTER 7A--DEALINGS WITH BULK SUGAR TERMINAL
ASSETS AND LIABILITIES
PART 1--PRELIMINARY
228 Objects of ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
228A Definitions for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 2--TRANSFER OF ASSETS AND LIABILITIES TO
CORPORATION
228B Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
228C Classification of BST assets and liabilities . . . . . . . . . . . . . . . . . . . . 32
228D Vesting preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
228E BST day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
228F Transfer of transferable BST assets and liabilities . . . . . . . . . . . . . . 33
228G Consideration for transfer of BST assets . . . . . . . . . . . . . . . . . . . . . . 33
228H Provisions facilitating transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
228I Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Sugar Industry Amendment
PART 3--TRANSFER OF ASSETS AND LIABILITIES TO STL
228J Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
228K Transfer day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
228L Transfer of BST assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . 36
228M Consideration for transfer of BST assets . . . . . . . . . . . . . . . . . . . . . . 36
228N Issue of shares in STL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
228O Provisions facilitating transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
228P Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 4--STL SHARE TRANSFERS BY CORPORATION
Division 1--Interpretation
228Q Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Transfer of STL shares
228R Corporation's obligation to transfer STL shares to eligible
persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
228S Entitlement to STL shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
228T Notice of STL's decision on share entitlement . . . . . . . . . . . . . . . . . 39
228U Transfer of STL shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3--Appeals
228V Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
228W Transfer of STL shares as a result of appeal . . . . . . . . . . . . . . . . . . . 42
PART 5--GENERAL
228X Chapter has effect despite agreements etc. . . . . . . . . . . . . . . . . . . . . 42
228Y Chapter does not affect existing legal relationships . . . . . . . . . . . . . 42
228Z Other conditions for transactions under chapter to be met . . . . . . . . 43
228ZA Minister's directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
CHAPTER 7B--DEALINGS WITH CORPORATION ASSETS
AND LIABILITIES
PART 1--PRELIMINARY
229 Objects of ch 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
229A Definitions for ch 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 2--TRANSFER OF ASSETS AND LIABILITIES FROM
CORPORATION TO QSL
229B Classification of corporation marketing assets and liabilities . . . . . 45
5
Sugar Industry Amendment
229C QSL day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
229D Transfer of marketing assets and liabilities . . . . . . . . . . . . . . . . . . . . 45
229E Consideration for transfer of marketing assets . . . . . . . . . . . . . . . . . . 46
229F Provisions facilitating transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
229G Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
229H Continuation of corporation directions, payment schemes
and quality standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 3--ADMINISTRATION
Division 1--General
229I Officers cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
229J Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2--Administrator
229K Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
229L Administrator is corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
229M Additional functions of administrator . . . . . . . . . . . . . . . . . . . . . . . . . 49
229N Minister's directions to administrator . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 4--DISTRIBUTION OF STL SHARES
229O Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
229P Dissolution day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 5--GENERAL
229Q Chapter has effect despite agreements etc. . . . . . . . . . . . . . . . . . . . . 51
229R Chapter does not affect existing legal relationships . . . . . . . . . . . . . 51
229S Other conditions for transactions under chapter to be met . . . . . . . . 52
16 Amendment of ch 8 (Amendments, repeals and transitional provisions) . . 52
17 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 56
CONSEQUENTIAL AND MINOR AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 62
AMENDMENTS ON DISSOLUTION DAY
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 64
AMENDMENT OF PRIMARY INDUSTRY BODIES REFORM
ACT 1999
2000
A BILL
FOR
An Act to amend the Sugar Industry Act 1999, and for other purposes
s1 8 s4
Sugar Industry Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Sugar Industry Amendment Act 2000. 3
4
Commencement
Clause 2.(1) Schedule 3 is taken to have commenced on 21 December 1999. 5
(2) Schedule 1, items 31, 32 and 35 are taken to have commenced 6
immediately before 1 January 2000. 7
(3) Sections 4 and 16 and schedule 1, items 1, 3 to 5, 17 to 26, 29, 33 8
and 34 commence on assent. 9
(4) Schedule 2 commences on the dissolution day for the Sugar Industry 10
Act 1999, section 229P. 11
(5) The remaining provisions of this Act commence on a day to be fixed 12
by proclamation. 13
amended 14
Acts
Clause 3.(1) This Act, other than schedule 3, amends the Sugar Industry Act 15
1999. 16
(2) Schedule 3 amends the Primary Industry Bodies Reform Act 1999. 17
of s 47 (Individual agreement entered by grower with 18
Amendment
mill owner) 19
Clause 4.(1) Section 47(2), `intends to enter'-- 20
omit, insert-- 21
`has entered, or intends to enter before the collective agreement is made,' 22
(2) Section 47-- 23
insert-- 24
s5 9 s5
Sugar Industry Amendment
`(2A) Notice given by a grower under subsection (2) must state the 1
following-- 2
(a) the period the individual agreement relates to or it is intended it 3
will relate to; 4
(b) the part of the grower's cane production area the individual 5
agreement relates to or it is intended it will relate to.'. 6
(3) Section 47(3), after `growers'-- 7
`before the collective agreement was made'. 8
(4) Section 47(5), after `Notice'-- 9
insert-- 10
`given by a mill owner under subsection (3) or (4)'. 11
(5) Section 47(7), `as required under subsections (2) to (5)'-- 12
omit, insert-- 13
`by a mill owner as required under subsections (3) to (5)'. 14
of new s 107A 15
Insertion
Clause 5. Chapter 4, part 1-- 16
insert-- 17
of sugar vesting scheme 18
`Review
`107A.(1) The Minister must appoint a person to review the effectiveness 19
of, and the need for the continuation, alteration or abolition of, the sugar 20
vesting scheme established under chapter 3. 21
`(2) The review must be started-- 22
(a) not later than 1 December 2006; or 23
(b) if QSL asks for the review to be started on an earlier date--on the 24
earlier date. 25
`(3) The review must be completed not later than 31 December 2007.'. 26
s6 10 s9
Sugar Industry Amendment
of ss 111122 1
Replacement
Clause 6. Sections 111 to 122-- 2
omit, insert-- 3
of corporation 4
`Objective
`111. The main objective of the corporation is to distribute the 5
corporation's assets to STL (Sugar Terminals Limited) and QSL 6
(Queensland Sugar Limited) as expeditiously as possible.'. 7
of s 123 (General powers of corporation) 8
Amendment
Clause 7. Section 123(5)(d) to (i) and (6)-- 9
omit. 10
of ss 124127 11
Omission
Clause 8. Sections 124 to 127-- 12
omit. 13
of new ch 4, pts 2A and 2B 14
Insertion
Clause 9. Chapter 4-- 15
insert-- 16
`PART 2A--QUEENSLAND SUGAR LIMITED 17
does not represent the State 18
`QSL
`128A.(1) QSL does not represent the State.1 19
`(2) QSL can not make the State liable for the debts and obligations of 20
QSL or any other person. 21
1 QSL is a company limited by guarantee, established under the Corporations Law.
s9 11 s9
Sugar Industry Amendment
and non-application of certain Acts 1
`Application
`128B.(1) To remove doubt, it is declared that-- 2
(a) QSL is not a statutory body for-- 3
(i) the Financial Administration and Audit Act 1977; and 4
(ii) the Statutory Bodies Financial Arrangements Act 1982; and 5
(b) QSL is not a unit of public administration under the Criminal 6
Justice Act 1989. 7
`(2) However-- 8
(a) in relation to the performance of its statutory functions or the 9
exercise of its statutory powers, QSL is a public authority for-- 10
(i) the Parliamentary Commissioner Act 1974; and 11
(ii) the Freedom of Information Act 1992; and 12
(b) in relation to a document mentioned in section 228O(5), 2 QSL is 13
a public authority for the Public Records Act if the document is a 14
public record under the Act. 15
`(3) In subsection (2)(b)-- 16
"Public Records Act" means-- 17
(a) until the commencement of the Public Records Act 2000, 18
section 143--the Libraries and Archives Act 1988; or 19
(b) from the commencement of the Public Records Act 2000, 20
section 14--the Public Records Act 2000. 21
constitution 22
`QSL's
`128C.(1) QSL's constitution must be consistent with this Act. 23
`(2) QSL must give the Minister and the authority notice of any proposed 24
change to QSL's constitution dealing with its purpose or function. 25
2 Section 228O (Provisions facilitating transfer)
3 Public Records Act 2000, section 14 (Public authority must ensure particular
records remain accessible)
s9 12 s9
Sugar Industry Amendment
1
Note--
2
128W(1)(b).4
For the effect of a failure to give notice, see section
`(3) QSL must give the notice before QSL's board makes a decision on 3
the proposed change. 4
`(4) The Minister may approve the proposed change for the purpose of 5
section 128W. 6
SL's board 7
`Q
`128D.(1) QSL's constitution must provide that at least 3 of QSL's 8
directors, other than the managing director or the chief executive officer, 9
must-- 10
(a) have expertise in commodity marketing, finance, vesting, law or 11
business administration; and 12
(b) be independent of sugar industry representative bodies. 13
`(2) For 3 years starting on QSL day, the chairperson of QSL must be a 14
director who-- 15
(a) has recognised expertise in corporate governance; and 16
(b) is independent of sugar industry representative bodies. 17
`(3) In subsection (2)-- 18
"QSL day" has the meaning given by section 229A.5 19
udit of QSL 20
`A
`128E.(1) QSL must consult with the Auditor-General about the 21
appointment of a registered company auditor to audit QSL. 22
`(2) Each year, QSL must give a copy of its audited financial statements, 23
and the auditor's full report on the financial statements, to the Minister, the 24
Auditor-General and the authority. 25
4 Section 128W (Meaning of "moved out of the control of the Queensland sugar
industry")
5 Section 229A (Definitions for ch 7B)
s9 13 s9
Sugar Industry Amendment
`(3) The Minister, the Auditor-General or the authority must not disclose 1
the financial statements or the report on the statements, or anything in the 2
statements or the report, to any other entity. 3
`(4) Subsection (3) does not prevent the Minister, the Auditor-General or 4
the authority giving the report, for the purpose of this Act, to staff or 5
consultants under their control. 6
`(5) In this section-- 7
"registered company auditor" means a registered company auditor under 8
the Corporations Law. 9
directions to QSL 10
`Minister's
`128F.(1) The Minister may give written directions to QSL about the 11
performance of its statutory functions and the exercise of its statutory 12
powers. 13
`(2) QSL must comply with the direction. 14
`(3) The Minister may give a sugar price direction only if-- 15
(a) the Minister has given QSL notice of the Minister's intention to 16
give the direction; and 17
(b) QSL has been given a reasonable opportunity to discuss the 18
proposed direction with the Minister. 19
`(4) The Minister may give any other type of direction only if-- 20
(a) the Minister is satisfied that exceptional circumstances exist 21
justifying the Minister's intervention in the public interest; and 22
(b) the Minister has given QSL notice of the Minister's intention to 23
give the direction; and 24
(c) QSL has been given a reasonable opportunity to discuss the 25
proposed direction with the Minister. 26
`(5) A direction-- 27
(a) must state the date from when it is to take effect; and 28
(b) must be published in the gazette as soon as practicable after it is 29
given; and 30
s9 14 s9
Sugar Industry Amendment
(c) must be tabled in the Legislative Assembly within 14 sitting days 1
after it is given. 2
`(6) QSL may include in its next annual report-- 3
(a) the text of a direction given by the Minister; and 4
(b) a statement of any effect that the direction has had, or is expected 5
to have, on QSL's operations. 6
`(7) The Minister is not taken to be a director of QSL because of the 7
existence, or the exercise, of the Minister's power of direction. 8
`(8) If QSL does not comply with the direction, the Minister must draw 9
the matter to the attention of the Legislative Assembly. 10
`(9) QSL is not entitled to compensation for any actual or prospective 11
loss because of the Minister's direction. 12
`(10) In subsection (3)-- 13
"sugar price direction" means a direction about the pricing of raw sugar 14
for sale to domestic customers. 15
may require information from QSL 16
`Minister
`128G.(1) The Minister may, by notice given to QSL, require QSL to 17
give to the Minister or the authority information about the performance of 18
its statutory functions or the exercise of its statutory powers. 19
`(2) The notice must state the time within which the information is 20
required to be given. 21
`(3) QSL must comply with the notice. 22
s9 15 s9
Sugar Industry Amendment
ART 2B--THE SUGAR AUTHORITY 1
`P
`Division 1--Constitution and membership 2
of authority 3
`Establishment
`128H.(1) The Sugar Authority is established. 4
`(2) The authority-- 5
(a) is a body corporate; and 6
(b) has a seal; and 7
(c) may sue and be sued in its corporate name. 8
notice of corporation's seal 9
`Judicial
`128I. All courts and persons acting judicially are to take judicial notice 10
of the corporation's seal and are to presume the seal affixed to any 11
document to have been duly affixed until the contrary is proved. 12
13
`Membership
`128J.(1) The authority consists of-- 14
(a) the commissioner, as chairperson; and 15
(b) if the Governor in Council makes an appointment under 16
subsection (2), the appointed members of the authority. 17
`(2) The Governor in Council may from time to time appoint up to 18
3 other persons with expertise in commodity marketing, finance, vesting, 19
law or business administration to be members of the authority. 20
`(3) Each appointed member of the authority is appointed for the term 21
decided by the Governor in Council. 22
23
`Remuneration
`128K. Appointed members of the authority are to be paid the fees and 24
allowances decided by the Governor in Council. 25
s9 16 s9
Sugar Industry Amendment
2--General provisions about the authority 1
`Division
of div 2 2
`Application
`128L. This division applies only if the authority has appointed 3
members. 4
for appointment 5
`Disqualifications
`128M. A person is not qualified to be, or continue as, an appointed 6
member of the authority if the person-- 7
(a) is an undischarged bankrupt or is taking advantage of the laws in 8
force for the time being relating to bankrupt or insolvent debtors; 9
or 10
(b) is convicted of an indictable offence, whether on indictment or 11
summarily; or 12
(c) becomes incapable of performing the duties of a member because 13
of physical or mental incapacity; or 14
(d) holds an elected or appointed position in QSL or in a sugar 15
industry representative body. 16
of office 17
`Vacation
`128N.(1) The office of an appointed member of the authority becomes 18
vacant if the member-- 19
(a) dies; or 20
(b) resigns office by notice given to the Minister; or 21
(c) is absent without the authority's permission from 3 consecutive 22
meetings of the authority of which due notice has been given; or 23
(d) is no longer qualified to be a member. 24
`(2) In this section-- 25
"meeting" means the following-- 26
(a) if the member does not attend--a meeting with a quorum present; 27
s9 17 s9
Sugar Industry Amendment
(b) if the member attends--a meeting with or without a quorum 1
present. 2
of authority 3
`Meetings
`128O.(1) The authority must meet as often as its chairperson decides is 4
necessary. 5
`(2) The authority may hold meetings, or allow members to take part in 6
meetings, by using any technology allowing reasonably contemporaneous 7
and continuous communication between members taking part in the 8
meeting. 9
`(3) A member who takes part in a meeting under subsection (2) is taken 10
to be present at the meeting. 11
`(4) Despite subsection (2), the chairperson of the authority may, in 12
writing, refer a question requiring consideration by the authority to all the 13
authority's members. 14
`(5) For subsection (4)-- 15
(a) a written decision of the members is taken to be a decision of the 16
members at a duly constituted meeting of the authority; and 17
(b) a reference using any technology for transmission to members is 18
adequate reference in writing; and 19
(c) a reply to a reference using any technology is an adequate written 20
decision. 21
`(6) The quorum at a meeting of the authority is a majority of the 22
members present and voting. 23
`(7) The chairperson, or in the absence of the chairperson, a member 24
present at a meeting, must preside at a meeting of the authority. 25
`(8) All questions at a meeting must be decided by a majority of votes of 26
the members present. 27
`(9) The member presiding at a meeting is to have a vote, and if there is 28
an equality of votes, a second or casting vote. 29
`(10) Subject to this Act, procedure at meetings of the authority is to be 30
decided by the authority. 31
s9 18 s9
Sugar Industry Amendment
interest in a matter to be considered by the authority 1
`Member's
`128P.(1) If a member of the authority has an interest in a matter being 2
considered, or about to be considered, by the authority, the member must 3
disclose the nature of the interest to a meeting of the authority as soon as 4
practicable after the relevant facts come to the member's knowledge. 5
Maximum penalty--100 penalty units. 6
`(2) The disclosure must be recorded in the minutes of the meeting of the 7
authority. 8
`(3) If the interest is a material personal interest, the member must not-- 9
(a) vote on the matter; or 10
(b) vote on a proposed resolution (a "related resolution") under 11
subsection (4)(a) about the matter (whether in relation to the 12
member or another member); or 13
(c) be present while the matter, or a related resolution, is being 14
considered by the authority; or 15
(d) otherwise take part in any decision of the authority in relation to 16
the matter or a related resolution. 17
Maximum penalty--100 penalty units. 18
`(4) Subsection (3) does not apply to the matter if-- 19
(a) the authority has at any time passed a resolution that states-- 20
(i) the member, interest and matter; and 21
(ii) that the members voting for the resolution are satisfied that 22
the interest should not disqualify the member from 23
considering or voting on the matter; or 24
(b) if a quorum of the authority can not be formed because of 25
subsection (3)--the Minister has given a written direction to that 26
effect for the matter. 27
s9 19 s9
Sugar Industry Amendment
3--Authority's functions, powers and duties 1
`Division
of authority 2
`Functions
`128Q.(1) The authority's main function is to monitor the performance 3
of QSL in the exercise of its powers and the performance of its functions 4
under this Act. 5
`(2) The authority also has the function provided for in division 4. 6
powers of authority 7
`General
`128R. The authority has all the powers of an individual and may, for 8
example-- 9
(a) enter into contracts; and 10
(b) acquire, hold, dispose of, and deal with, property; and 11
(c) appoint and act through agents and attorneys; and 12
(d) do anything else necessary or convenient to be done for its 13
functions. 14
staff 15
`Authority's
`128S. The authority may employ the persons, and engage the 16
consultants and service providers, that it considers necessary. 17
budget 18
`Authority's
`128T.(1) The commissioner must prepare and give to the Minister a 19
draft budget for the authority for each financial year in the form and when 20
the Minister directs. 21
`(2) The Minister must decide the authority's budget for the financial 22
year. 23
`(3) Before the Minister decides the authority's budget, the Minister must 24
consult with QSL and sugar industry representative bodies. 25
`(4) The authority's budget is payable by QSL. 26
s9 20 s9
Sugar Industry Amendment
`(5) The authority must authorise spending only under the budget decided 1
by the Minister, unless the Minister otherwise directs. 2
of various public sector Acts 3
`Application
`128U.(1) The authority is-- 4
(a) a statutory body for the Statutory Bodies Financial Arrangements 5
Act 1982 and the Financial Administration and Audit Act 1977; 6
and 7
(b) a unit of public administration under the Criminal Justice Act 8
1989. 9
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B6 10
states the way in which the authority's powers under this Act are affected by 11
the Statutory Bodies Financial Arrangements Act 1982. 12
`Division 4--When authority can take over QSL's functions and powers 13
of div 4 14
`Application
`128V. This division applies only if the Minister is satisfied that QSL has 15
moved out of the control of the Queensland sugar industry. 16
of "moved out of the control of the Queensland sugar 17
`Meaning
industry" 18
`128W.(1) QSL is taken to have "moved out of the control of the 19
Queensland sugar industry" if any of the following happen-- 20
(a) QSL's constitution is no longer consistent with this Act; 21
(b) QSL changes a provision of its constitution dealing with its 22
purpose or function without the Minister's approval; 23
(c) QSL becomes an externally-administered body corporate; 24
(d) QSL no longer has the required number of grower representatives 25
6 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s9 21 s9
Sugar Industry Amendment
and mill owners with the required voting power in QSL; 1
(e) if QSL converts to a company limited by shares-- 2
(i) QSL is listed on the Australian Stock Exchange; and 3
(ii) QSL no longer has the required number of grower 4
representatives and mill owners with the required voting 5
power. 6
`(2) In this section-- 7
"externally-administered body corporate" has the meaning given by the 8
Corporations Law, section 9.7 9
"required number", of grower representatives and mill owners, means a 10
number of grower representatives and mill owners that is at least 75% 11
of all the members, or shareholders, of QSL. 12
"required voting power", in QSL, means the ability to freely exercise at 13
least 75% of the total voting power associated with the membership, or 14
shareholding, of QSL. 15
directions to authority to take over QSL's functions and 16
`Minister's
powers 17
`128X.(1) After consulting with sugar industry representative bodies, the 18
Minister may give written directions to the authority to take over QSL's 19
functions and powers under this Act. 20
`(2) If the direction is given, a reference to QSL in chapters, 2, 3 4, 6 and 21
7 is taken to be a reference to the authority. 22
7 Corporations Law, section 9 (Dictionary) provides--
` "externally-administered body corporate" means a body corporate:
(a) that is being wound up;
(b) in respect of property of which a receiver, or a receiver and manager, has
been appointed (whether or not by a court) and is acting;
(c) that is under administration;
(ca)that has executed a deed of company arrangement that has not yet
terminated; or
(d) that has entered into a compromise or arrangement with another person the
administration of which has not been concluded;'.
s 10 22 s 12
Sugar Industry Amendment
`(3) The direction-- 1
(a) must state the date from when it is to take effect; and 2
(b) be published in the gazette as soon as practicable after it is given; 3
and 4
(c) be tabled in the Legislative Assembly within 14 sitting days after 5
it is given.'. 6
of s 149 (Functions and powers of a cane production 7
Amendment
board) 8
Clause 10. Section 149(1)-- 9
insert-- 10
`(ea)to make charges for services and facilities it provides;'. 11
of s 177 (General powers of a cane protection and 12
Amendment
productivity board) 13
Clause 11.(1) Section 177(1)-- 14
insert-- 15
`(ca)make charges for services and facilities it provides; and'. 16
(2) Section 177-- 17
insert-- 18
`(3) Subsection (1)(ca) does not limit, and is not limited by, 19
section 180.8'. 20
of new ch 4, pt 5A 21
Insertion
Clause 12. Chapter 4-- 22
insert-- 23
8 Section 180 (Regulation may levy a charge payable to a board)
s 12 23 s 12
Sugar Industry Amendment
`PART 5A--REPLACEMENT CORPORATIONS FOR 1
CANE PROTECTION AND PRODUCTIVITY BOARDS 2
`Division 1--Interpretation and application 3
for pt 5A 4
`Definitions
`183A. In this part-- 5
"asset" of a board, means all assets of the board immediately before the 6
board's transfer day. 7
"board" means a cane protection and productivity board. 8
"eligible participant", for a board, means-- 9
(a) each grower whose cane production area relates to a mill in the 10
productivity area for which the board was established; and 11
(b) each owner of a mill situated in the productivity area. 12
"liability" of a board, means all liabilities of the board immediately before 13
the board's transfer day. 14
"transfer day", for a board, means the day approved by the Minister under 15
section 183G for the transfer of the board's assets and liabilities to a 16
replacement corporation. 17
to transfers from more than 1 board 18
`Application
`183B. (1) This division applies in relation to the following in the same 19
way it applies to a transfer from a single board to a replacement 20
corporation-- 21
(a) a transfer of assets and liabilities from more than 1 board to a 22
single replacement corporation on the same transfer day; 23
(b) a transfer of assets and liabilities from a board to a replacement 24
corporation that, on the transfer day, already has received the 25
assets and liabilities of another board under this part. 26
`(2) For subsection (1), each provision of divisions 2 and 3 is applied 27
separately to each board. 28
s 12 24 s 12
Sugar Industry Amendment
`Division 2--Steps to transfer and dissolution 1
to transfer to non-statutory corporation 2
`Decision
`183C. A cane protection and productivity board established under 3
section 163 (the "board") may decide to dissolve and transfer its assets and 4
liabilities to a corporation-- 5
(a) that is not a statutory body; and 6
(b) that will have an objective to enhance the productivity of the sugar 7
industry by increasing the quantity and improving the quality of 8
cane produced by crops grown in an area the board considers 9
appropriate. 10
that must be decided for the transfer 11
`Things
`183D. Under section 183C, the board must decide the following-- 12
(a) the day on which the board proposes to transfer its assets and 13
liabilities (the " proposed transfer day"); 14
(b) the corporation to which it will transfer its assets and liabilities 15
(the "replacement corporation"). 16
the replacement corporation 17
`Deciding
`183E. A board may decide a corporation will be its replacement 18
corporation only if-- 19
(a) the corporation has, by notice to the board signed by an authorised 20
person for the corporation, agreed to be the replacement 21
corporation; and 22
(b) the corporation is not-- 23
(i) an industrial association; or 24
(ii) a public company that has a share capital; or 25
(iii) a cooperative that has a share capital; and 26
(c) the corporation is a company limited by guarantee, a cooperative, 27
an incorporated association or a public company; and 28
s 12 25 s 12
Sugar Industry Amendment
(d) the board is satisfied that, on the transfer of the assets and 1
liabilities-- 2
(i) an objective of the corporation will be to enhance the 3
productivity of the sugar industry by increasing the quantity 4
and improving the quality of cane produced by crops grown 5
in an area the board considers appropriate; and 6
(ii) having regard to the requirements and purposes of the 7
transfer, the following will be appropriate-- 8
(A) the corporation's constitution; 9
(B) the conditions under which each eligible participant may 10
become a member of the corporation; 11
(C) the obligations, restrictions and rights that will attach to 12
members of the corporation; 13
(D) the corporation's officers. 14
of decision about replacement corporation 15
`Notice
`183F.(1) The board must give the Minister notice of its decision under 16
section 183C. 17
`(2) The notice must state the following-- 18
(a) the day the decision was made; 19
(b) the proposed transfer day; 20
(c) the replacement corporation's name; 21
(d) the replacement corporation is not-- 22
(i) an industrial association; or 23
(ii) a public company that has a share capital; or 24
(iii) a cooperative that has a share capital; 25
(e) whether the replacement corporation is a company limited by 26
guarantee, a cooperative, an incorporated association or a public 27
company; 28
(f) the board is satisfied that, on the transfer of the board's assets and 29
liabilities to the replacement corporation-- 30
s 12 26 s 12
Sugar Industry Amendment
(i) an objective of the corporation will be to enhance the 1
productivity of the sugar industry by increasing the quantity 2
and improving the quality of cane produced by crops grown 3
in an area the board considers appropriate; and 4
(ii) having regard to the requirements and purposes of the 5
transfer, the following will be appropriate-- 6
(A) the corporation's constitution; 7
(B) the conditions under which each eligible participant may 8
become a member of the corporation; 9
(C) the obligations, restrictions and rights that will attach to 10
members of the corporation; 11
(D) the corporation's officers. 12
`(3) The notice must be accompanied by a copy of the notice mentioned 13
in section 183E(a).9 14
decision 15
`Minister's
`183G.(1) The Minister must consider the notice and may require 16
information from the board. 17
`(2) If the Minister considers that all requirements of this Act have been 18
complied with for the transfer, the Minister must, by notice given to the 19
board, approve the proposed transfer day, or another day after the proposed 20
transfer, as the transfer day for the board. 21
`(3) If the Minister does not consider that all the requirements for the 22
transfer have been complied with, the Minister must, by notice given to the 23
board, refuse to approve a transfer day and state the reasons for the refusal. 24
25
`Transfer
`183H. On the transfer day, all of the board's assets and liabilities are 26
transferred to, and become the assets and liabilities of, the replacement 27
corporation. 28
9 Section 183E (Deciding the replacement corporation)
s 12 27 s 12
Sugar Industry Amendment
1
`Dissolution
`183I. On the transfer day, the board is dissolved and its productivity 2
area is abolished. 3
3--Provisions facilitating transfer 4
`Division
for cooperatives 5
`Exemption
`183J. If the replacement corporation is a cooperative, the Cooperatives 6
Act 1997, section 26810 does not apply to the transfer of the board's assets 7
and liabilities to the replacement corporation. 8
of transferred assets 9
`Registration
`183K.(1) A certificate signed by an authorised person for the 10
replacement corporation is evidence of an asset having become an asset of 11
the corporation on the transfer day if the certificate-- 12
(a) identifies the asset; and 13
(b) states the asset was, immediately before the transfer day, an asset 14
of the board; and 15
(c) that, under this division, the asset became an asset of the 16
replacement corporation on the transfer day. 17
`(2) If the certificate is given to an entity with registration functions for 18
assets of that kind under a law of the State, the entity must do the following 19
as if the certificate were an appropriate instrument of transfer of the asset-- 20
(a) register the matter in the same way as transactions for assets of 21
that kind; 22
(b) deal with, and give effect to, the certificate. 23
24
Examples of an `entity with registration functions'--
25
· ASIC
26
· the registrar of titles.
10 Cooperatives Act 1997, section 268 (Acquisition and disposal of assets)
s 12 28 s 12
Sugar Industry Amendment
`(3) Subsection (2) applies despite the Corporations Law, section 268 or 1
the Corporations Law, chapter 7, part 7.13.11 2
`(4) A transfer of the asset to the replacement corporation may be 3
registered or given effect to under the law of another State if-- 4
(a) the certificate is given to an entity with registration functions for 5
assets of that kind under the other State's law; and 6
(b) the entity is permitted by law to do so. 7
to board 8
`References
`183L. A reference to the board in an Act or document existing before its 9
dissolution, from its dissolution has effect as if it were a reference to the 10
replacement corporation, if the context permits. 11
of proceedings and matters 12
`Continuity
`183M.(1) A proceeding that, if the board were not dissolved, might 13
have been started or continued by or against the board, from the dissolution 14
may be started or continued by or against the replacement corporation. 15
`(2) All matters started by the board before its dissolution may be 16
completed by the replacement corporation after the board's dissolution. 17
18
`Employees
`183N. A person employed by the board immediately before the transfer 19
day on the transfer day is taken to be employed by the replacement 20
corporation on the same terms and conditions as before. 21
cease holding office 22
`Officers
`183O.(1) Each person who, immediately before the transfer day, was an 23
officer of the board goes out of office on the transfer day. 24
`(2) No compensation is payable to a person because of subsection (1). 25
11 Corporations Law, section 268 (Assignment and variation of charges) and
chapter 7, part 7.13 (Title to, and transfer of, securities)
s 13 29 s 15
Sugar Industry Amendment
`Division 4--Status of replacement corporation 1
corporation 2
`Replacement
`183P. A replacement corporation is not a cane protection and 3
productivity board for any purpose.'. 4
of s 193 (Functions of commissioner) 5
Amendment
Clause 13. Section 193-- 6
insert-- 7
`(g) to be a member of the authority; 8
(h) to act as the administrator of the corporation.'. 9
of s 198 (Commissioner's budget) 10
Amendment
Clause 14. Section 198-- 11
insert-- 12
`(6) If the commissioner is appointed to act as the administrator of the 13
corporation, the commissioner may ask the Minister to vary the budget. 14
`(7) The Minister may vary the budget as requested, either with or 15
without amendment.'. 16
of new s 227A and chs 7A and 7B 17
Insertion
Clause 15. After section 227-- 18
insert-- 19
and renumbering of Act 20
`Numbering
`227A. In the next reprint of this Act produced under the Reprints Act 21
1992, the provisions of this Act must be numbered and renumbered as 22
permitted by the Reprints Act 1992, section 43.12 23
12 Reprints Act 1992, section 43 (Numbering and renumbering of provisions)
s 15 30 s 15
Sugar Industry Amendment
`CHAPTER 7A--DEALINGS WITH BULK SUGAR 1
TERMINAL ASSETS AND LIABILITIES 2
ART 1--PRELIMINARY 3
`P
of ch 7A 4
`Objects
`228. The main objects of this chapter are-- 5
(a) to transfer assets and liabilities relating to bulk sugar terminals to 6
the corporation; and 7
(b) to transfer the assets and liabilities from the corporation to STL; 8
and 9
(c) to provide for shares in STL to be transferred to persons, 10
including persons who, under the repealed Act, were particular 11
assignment holders or lessees of assignments, and particular mill 12
owners. 13
for ch 7A 14
`Definitions
`228A. In this chapter-- 15
"BST day" means the day fixed by the Minister under section 228E. 16
"commencement day" means the day on which the provision in which the 17
term is used commences. 18
"corporation" means Queensland Sugar Corporation. 19
"port entity" means one of the following entities-- 20
(a) Bundaberg Port Authority established under the Government 21
Owned Corporations (Ports) Regulation 1995; 22
(b) Cairns Port Authority established under the Government Owned 23
Corporations (Ports) Regulation 1995; 24
(c) Mackay Port Authority established under the Government Owned 25
Corporations (Ports) Regulation 1995; 26
s 15 31 s 15
Sugar Industry Amendment
(d) Port of Brisbane Corporation established under the Government 1
Owned Corporations (Ports) Regulation 1994; 2
(e) Ports Corporation of Queensland established under the 3
Government Owned Corporations (Ports) Regulation 1994; 4
(f) Townsville Port Authority established under the Government 5
Owned Corporations (Ports) Regulation 1995. 6
`PART 2--TRANSFER OF ASSETS AND LIABILITIES 7
TO CORPORATION 8
for pt 2 9
`Definitions
`228B. In this part-- 10
"BST asset" means an asset classified as a BST asset under section 228C. 11
"BST liability" means a liability classified as a BST liability under 12
section 228C. 13
"joint gazette notice" means a gazette notice made jointly by the Minister 14
and the Minister responsible for the administration of the Transport 15
Infrastructure Act 1994. 16
"transferable BST asset" means a BST asset that is an asset of the State or 17
a port entity. 18
"transferable BST liability" means a BST liability that is a liability of the 19
State or a port entity. 20
"transferor", of a transferred asset, means the entity whose asset the 21
transferred asset was immediately before it was transferred to the 22
corporation under this part. 23
"transferor", of a transferred liability, means the entity whose liability the 24
transferred liability was immediately before it was transferred to the 25
corporation under this part. 26
"transferred asset" means a transferable BST asset transferred to the 27
corporation under this part. 28
s 15 32 s 15
Sugar Industry Amendment
"transferred liability" means a transferable BST liability transferred to the 1
corporation under this part. 2
of BST assets and liabilities 3
`Classification
`228C.(1) The Minister, by 1 or more joint gazette notices, may 4
classify-- 5
(a) assets (other than land, as opposed to improvements on land), 6
whether of the State, a port entity or the corporation, as BST 7
assets; and 8
(b) liabilities, whether of the State, a port entity or the corporation, as 9
BST liabilities. 10
`(2) The first notice must be published before BST day. 11
`(3) Any subsequent notice must be published within 1 year after BST 12
day. 13
`(4) To remove doubt, it is declared that subsection (1) does not-- 14
(a) authorise strategic port land of a port entity to be classified under a 15
joint gazette notice, as opposed to improvements on the land, 16
including, for example, a bulk sugar terminal, which may be 17
classified under a joint gazette notice; or 18
(b) affect the control the port entity has over the strategic port land. 19
`(5) In this section-- 20
"strategic port land", of a port entity, means land that is its strategic port 21
land under the Transport Infrastructure Act 1994, section 171.13 22
preserved 23
`Vesting
`228D.(1) A BST asset that is an asset of the corporation immediately 24
before the commencement day continues to be the asset of the corporation 25
on and after the commencement day. 26
`(2) A BST liability that is a liability of the corporation immediately 27
13 Transport Infrastructure Act 1994, section 171 (Approval of land use plans)
s 15 33 s 15
Sugar Industry Amendment
before the commencement day continues to be a liability of the corporation 1
on and after the commencement day. 2
day 3
`BST
`228E.(1) The Minister must, by gazette notice, fix a day to be BST day 4
for this chapter. 5
`(2) BST day must be within 1 year after the commencement day. 6
of transferable BST assets and liabilities 7
`Transfer
`228F.(1) On and after BST day, the transferable BST assets and 8
transferable BST liabilities are transferred to, and become the assets and 9
liabilities of, the corporation, as provided for in subsections (2) and (3). 10
`(2) If the transferable BST assets and transferable BST liabilities are 11
classified under section 228C on or before BST day, they are transferred to, 12
and become the assets and liabilities of, the corporation on BST day. 13
`(3) If the transferable BST assets and transferable BST liabilities are 14
classified under section 228C after BST day, they are transferred to, and 15
become the assets and liabilities of, the corporation on the day of the gazette 16
notice. 17
`(4) The transfer of the assets and liabilities under this section has effect 18
despite the provisions of any other law. 19
`(5) The transfer of a liability of the State under this section discharges 20
the State from the liability. 21
`(6) The transfer of a liability of a port entity under this section discharges 22
the port entity from the liability. 23
for transfer of BST assets 24
`Consideration
`228G.(1) The assumption by the corporation of the transferable BST 25
liabilities is part of the consideration for the transfer of the transferable BST 26
assets. 27
`(2) To the extent that the total market value of the transferable BST 28
assets is more then the total value of the transferable BST liabilities, the 29
s 15 34 s 15
Sugar Industry Amendment
transferable BST assets are transferred to the corporation by way of 1
gratuitous transfer. 2
facilitating transfer 3
`Provisions
`228H.(1) The following apply for the purpose of the transferred assets 4
or transferred liabilities (the "relevant purpose")-- 5
(a) a reference in an instrument or an oral agreement, understanding 6
or undertaking, so far as it applies to a transferred asset or 7
transferred liability, to the transferor of the asset or liability is 8
taken to be a reference to the corporation; 9
(b) the relationship existing between the transferor and a person in 10
relation to a transferred asset or transferred liability immediately 11
before the transfer took effect continues between the corporation 12
and the person after the transfer takes effect and gives rise to the 13
same rights and liabilities as would have arisen if there had been 14
no transfer; 15
(c) a notice given by or to the transferor before the transfer took effect 16
is, so far as it is referable to a transferred asset or transferred 17
liability, taken to have been given to the corporation at the time it 18
was given to or by the transferor; 19
(d) the corporation is entitled to possession of all documents to which 20
the transferor was entitled immediately before the transfer took 21
effect that are referable, wholly or partly, to a transferred asset or 22
transferred liability; 23
(e) the corporation may execute an instrument transferring or 24
otherwise dealing with a transferred asset or transferred liability in 25
its own name; 26
(f) the corporation is otherwise the successor in law of the transferor 27
for the relevant purpose. 28
`(2) Subsection (1) does not limit the other provisions of this part. 29
proceedings 30
`Legal
`228I.(1) This section applies if a legal proceeding might have been 31
continued or started by or against the transferor of a transferred asset or 32
s 15 35 s 15
Sugar Industry Amendment
transferred liability in relation to the asset or liability if there had been no 1
transfer. 2
`(2) The proceeding may be continued or started by or against the 3
corporation. 4
`(3) The corporation has the same rights and privileges as the transferor 5
would have had if there had been no transfer. 6
`(4) A document that could have been given in evidence by or against the 7
transferor if there had been no transfer may be given in evidence by or 8
against the corporation. 9
`PART 3--TRANSFER OF ASSETS AND LIABILITIES 10
TO STL 11
for pt 3 12
`Definitions
`228J. In this part-- 13
"BST asset" means-- 14
(a) an asset that was transferred to the corporation under part 2; or 15
(b) an asset that continued to be an asset of the corporation under 16
section 228D. 17
"BST liability" means-- 18
(a) a liability that was transferred to the corporation under part 2; or 19
(b) a liability that continued to be a liability of the corporation under 20
section 228D. 21
"transfer day" means the day fixed by the Minister under section 228K. 22
"transferred asset" means a BST asset transferred to STL under this part. 23
"transferred liability" means a BST liability transferred to STL under this 24
part. 25
s 15 36 s 15
Sugar Industry Amendment
day 1
`Transfer
`228K.(1) The Minister must, by gazette notice, fix a day to be the 2
transfer day for this part. 3
`(2) The transfer day must be within 1 year after BST day. 4
of BST assets and liabilities 5
`Transfer
`228L.(1) On the transfer day, the BST assets and BST liabilities are 6
transferred to, and become the assets and liabilities of, STL. 7
`(2) The transfer of the assets and liabilities under this section has effect 8
despite the provisions of any other law. 9
`(3) The transfer of a liability under this section discharges the 10
corporation from the liability. 11
for transfer of BST assets 12
`Consideration
`228M.(1) The assumption by STL of the BST liabilities is part of the 13
consideration for the transfer of the BST assets. 14
`(2) The remainder of the consideration is the issue by STL of shares in 15
itself to the corporation. 16
of shares in STL 17
`Issue
`228N.(1) A regulation may provide for-- 18
(a) the number, and class, of shares to be issued for section 228M(2); 19
and 20
(b) the day on which STL must issue the shares. 21
`(2) STL must issue the shares to the corporation as required under the 22
regulation. 23
`(3) This section has effect despite the Corporations Law. 24
facilitating transfer 25
`Provisions
`228O.(1) The following apply for the purpose of the transferred assets 26
s 15 37 s 15
Sugar Industry Amendment
or transferred liabilities (the "relevant purpose")-- 1
(a) a reference in an instrument or an oral agreement, understanding 2
or undertaking, so far as it applies to a transferred asset or 3
transferred liability, to the corporation is taken to be a reference to 4
STL; 5
(b) the relationship existing between the corporation and a person in 6
relation to a transferred asset or transferred liability immediately 7
before the transfer took effect continues between STL and the 8
person after the transfer takes effect and gives rise to the same 9
rights and liabilities as would have arisen if there had been no 10
transfer; 11
(c) a notice given by or to the corporation before the transfer took 12
effect is, so far as it is referable to a transferred asset or 13
transferred liability, taken to have been given by or to STL at the 14
time it was given by or to the corporation; 15
(d) STL is entitled to possession of all documents to which the 16
corporation was entitled immediately before the transfer took 17
effect that are referable, wholly or partly, to a transferred asset or 18
transferred liability; 19
(e) STL may execute an instrument transferring or otherwise dealing 20
with a transferred asset or transferred liability in its own name; 21
(f) STL is otherwise the successor in law of the corporation for the 22
relevant purpose. 23
`(2) Subsection (1) does not limit the other provisions of this part. 24
proceedings 25
`Legal
`228P.(1) This section applies if a legal proceeding might have been 26
continued or started by or against the corporation in relation to a transferred 27
asset or transferred liability if there had been no transfer. 28
`(2) The proceeding may be continued or started by or against STL. 29
`(3) STL has the same rights and privileges as the transferor would have 30
had if there had been no transfer. 31
`(4) A document that could have been given in evidence by or against the 32
s 15 38 s 15
Sugar Industry Amendment
corporation if there had been no transfer may be given in evidence by or 1
against STL. 2
ART 4--STL SHARE TRANSFERS BY 3
`P
CORPORATION 4
1--Interpretation 5
`Division
for pt 4 6
`Definitions
`228Q. In this part-- 7
"eligible person" means a person who is an eligible person under the STL 8
eligibility document. 9
"share transfer day" means the day appointed under a regulation under 10
section 228N.14 11
"STL eligibility document" means a document prepared by STL, whether 12
before or after the commencement of this section, that provides for-- 13
(a) the way an eligible person's entitlement to STL shares is worked 14
out; and 15
(b) the way the corporation must give effect to the transfer of the 16
shares to an eligible person. 17
"STL shares" means the shares in STL issued to the corporation under 18
section 228N. 19
`Division 2--Transfer of STL shares 20
obligation to transfer STL shares to eligible persons 21
`Corporation's
`228R.(1) The corporation must transfer STL shares only to persons 22
14 Section 228N (Issues of shares in STL)
s 15 39 s 15
Sugar Industry Amendment
who, immediately before the share transfer day, are eligible persons. 1
`(2) A person is eligible to have STL shares transferred to them only if 2
the person is, immediately before the share transfer day, an eligible person. 3
to STL shares 4
`Entitlement
`228S.(1) STL must work out an eligible person's entitlement to STL 5
shares ("share entitlement") under the STL eligibility document. 6
`(2) A person may obtain a copy of the STL eligibility document from 7
STL on payment of a fee. 8
`(3) The fee must not be more than the reasonable cost of providing the 9
document to the person. 10
of STL's decision on share entitlement 11
`Notice
`228T.(1) On the share transfer day, STL must tell the corporation of its 12
decision on an eligible person's share entitlement. 13
`(2) Within 28 days after the share transfer day, STL must-- 14
(a) give notice to all eligible persons who gave STL information on 15
their possible share entitlement-- 16
(i) of STL's decision on their share entitlement; and 17
(ii) stating how and when an eligible person may appeal against 18
the decision to a Magistrates Court; and 19
(b) publish in a newspaper circulating in the area, where cane was 20
grown that was relevant to entitlements of eligible persons, a 21
notice-- 22
(i) stating that STL has made a decision on the share 23
entitlements of eligible persons; and 24
(ii) inviting eligible persons to contact STL about their share 25
entitlements if they have not received notice from STL 26
within the period stated in the newspaper notice; and 27
(iii) stating that an eligible person may appeal against the decision 28
to a Magistrates Court. 29
s 15 40 s 15
Sugar Industry Amendment
of STL shares 1
`Transfer
`228U.(1) On, or as soon as practicable after, the share transfer day, the 2
corporation must transfer to each eligible person the number of STL shares 3
that STL has told the corporation under section 228T(1) the person is 4
entitled to. 5
`(2) The corporation must transfer the shares by gratuitous transfer. 6
7
Note--
8
The administrator of the corporation completes the distribution of the shares under
9
chapter 7B part 4.
`(3) The transfer of STL shares under this section has effect despite the 10
other provisions of this Act or the provisions of any other law. 11
3--Appeals 12
`Division
13
`Appeal
`228V.(1) A person who is dissatisfied with a decision made by STL 14
regarding the person's share entitlement may appeal to a Magistrates Court 15
("the court") against the decision. 16
`(2) A person-- 17
(a) can not appeal against the provision made in the STL eligibility 18
document-- 19
(i) for deciding whether the person is an eligible person; or 20
(ii) for the way in which the eligible person's share entitlement is 21
worked out; but 22
(b) may appeal on the grounds that, having regard to the provisions 23
of the STL eligibility document-- 24
(i) STL has incorrectly decided that the person is not an eligible 25
person; or 26
(ii) the number of shares allocated to the person was incorrect. 27
`(3) Also, an eligible person can not appeal against the decision if-- 28
(a) STL, after the commencement of this section, asked the person in 29
s 15 41 s 15
Sugar Industry Amendment
writing to give information about their share entitlement within a 1
stated time; and 2
(b) the person did not give STL the information within the stated 3
time. 4
`(4) The appeal is started by-- 5
(a) giving a notice of appeal stating the grounds to the clerk of the 6
court; and 7
(b) giving a copy of the notice to STL. 8
`(5) An appeal must be started within 28 days after the latest of the 9
following days-- 10
(a) the day the person is given notice of STL's decision; 11
(b) the day the person becomes aware of STL's decision; 12
(c) the date of assent. 13
`(6) A person is taken to have become aware of STL's decision when 14
STL publishes notice of the decision in a newspaper under 15
section 228T(2)(b). 16
`(7) In deciding the appeal, the court-- 17
(a) is unaffected by the appealed decision; and 18
(b) is not bound by the rules of evidence; and 19
(c) must observe natural justice. 20
`(8) In deciding the appeal, the court may confirm the appealed decision 21
or set the appealed decision aside and make another decision. 22
`(9) If the court makes another decision-- 23
(a) the decision can only order STL to issue shares or further shares 24
to the person; and 25
(b) the court can not award damages against STL; and 26
(c) the decision is taken to be the decision of STL. 27
`(10) However, a decision mentioned in subsection (9) can not be 28
appealed against under this section. 29
s 15 42 s 15
Sugar Industry Amendment
`(11) A party dissatisfied by the decision of the court may appeal to the 1
District Court, but only on a question of law. 2
`(12) In this section-- 3
"decision" includes order. 4
of STL shares as a result of appeal 5
`Transfer
`228W.(1) This section applies if, as a result of an appeal, the court 6
orders STL to issue shares or further shares to an eligible person. 7
`(2) STL must transfer the shares to the person by gratuitous transfer as 8
soon as practicable or in accordance with the appeal decision. 9
`(3) The transfer of STL shares under this section has effect despite the 10
other provisions of this Act or the provisions of any other law. 11
`PART 5--GENERAL 12
has effect despite agreements etc. 13
`Chapter
`228X. This chapter has effect despite anything in any agreement, 14
instrument or undertaking. 15
does not affect existing legal relationships 16
`Chapter
`228Y. Nothing done under this chapter in relation to the State, a port 17
entity, the corporation or STL (the "entity")-- 18
(a) makes the entity liable for a breach of a contract, trust or 19
confidence or otherwise makes the entity guilty of a civil wrong; 20
or 21
(b) places the entity in breach of a law of the State or an instrument 22
prohibiting, regulating or restricting the assignment or transfer of 23
an asset or liability or the disclosure of information; or 24
(c) is taken to fulfil a condition-- 25
s 15 43 s 15
Sugar Industry Amendment
(i) allowing a person to terminate an instrument or be released, 1
wholly or partly, from an obligation or change the operation 2
or effect of an instrument or obligation; or 3
(ii) requiring money to be paid, or anything else to be done, 4
before its stated maturity; or 5
(d) releases a surety or other obligee, wholly or partly, from an 6
obligation. 7
conditions for transactions under chapter to be met 8
`Other
`228Z.(1) This section applies if-- 9
(a) apart from this section, obtaining the advice or consent of, or 10
giving notice to, a person would be necessary to give effect to a 11
transfer or other transaction contemplated by this chapter; and 12
(b) the advice, consent or notice is not required under this chapter. 13
`(2) The advice is taken to have been obtained. 14
`(3) The consent or notice is taken to have been given. 15
directions 16
`Minister's
`228ZA.(1) The Minister may give the corporation, a port entity or STL a 17
written direction to give effect to-- 18
(a) the transfer of assets and liabilities to the corporation under part 2; 19
or 20
(b) the transfer of assets and liabilities to STL, and the issue by STL 21
of shares in itself to the corporation, under part 3; or 22
(c) the transfer of shares in STL by the corporation under part 4. 23
`(2) The entity to whom the direction is given must comply with it. 24
`(3) The direction must-- 25
(a) be published in the gazette as soon as practicable after it is given; 26
and 27
(b) be tabled in the Legislative Assembly within 14 sitting days after 28
it is given. 29
s 15 44 s 15
Sugar Industry Amendment
`(4) This section has effect despite the other provisions of this Act or the 1
provisions of any other law. 2
`CHAPTER 7B--DEALINGS WITH 3
CORPORATION ASSETS AND LIABILITIES 4
ART 1--PRELIMINARY 5
`P
of ch 7B 6
`Objects
`229. The main objects of this chapter are-- 7
(a) to transfer corporation assets and liabilities to QSL; and 8
(b) to appoint the commissioner to act as administrator of the 9
corporation and to provide for its administration; and 10
(c) to complete the distribution of STL shares received by the 11
corporation; and 12
(d) to dissolve the corporation. 13
for ch 7B 14
`Definitions
`229A. In this chapter-- 15
"corporation" means Queensland Sugar Corporation. 16
"marketing asset", of the corporation, means an asset classified as a 17
corporation marketing asset by a gazette notice under section 229B. 18
"marketing liability", of the corporation, means a liability classified as a 19
corporation marketing liability by a gazette notice under section 229B. 20
"QSL day" means the day fixed by the Minister under section 229C. 21
"STL shares" has the meaning given by section 228Q. 22
"transferred asset" means a marketing asset transferred to QSL under this 23
chapter. 24
s 15 45 s 15
Sugar Industry Amendment
"transferred liability" means a marketing liability transferred to QSL 1
under this chapter. 2
`PART 2--TRANSFER OF ASSETS AND LIABILITIES 3
FROM CORPORATION TO QSL 4
of corporation marketing assets and liabilities 5
`Classification
`229B.(1) After consulting with the commissioner as administrator of the 6
corporation, the Minister, by 1 or more gazette notices, may classify-- 7
(a) corporation assets as corporation marketing assets; and 8
(b) corporation liabilities as corporation marketing liabilities. 9
`(2) The first gazette notice must be published before QSL day. 10
`(3) Any subsequent notice must be published within 1 year after the first 11
notice. 12
SL day 13
`Q
`229C.(1) The Minister must, by gazette notice, fix a day to be QSL day 14
for this chapter. 15
`(2) QSL day must be within 6 months after the date of assent of the 16
Sugar Industry Amendment Act 2000. 17
of marketing assets and liabilities 18
`Transfer
`229D.(1) On and after QSL day, the corporation's marketing assets and 19
marketing liabilities are transferred to, and become the assets and liabilities 20
of, QSL as provided for in subsections (2) and (3). 21
`(2) If corporation marketing assets or liabilities are classified under 22
section 229B on or before QSL day, they are transferred to, and become the 23
assets and liabilities of, QSL on QSL day. 24
`(3) If corporation marketing assets or liabilities are classified under 25
section 229B after QSL day, they are transferred to, and become the assets 26
s 15 46 s 15
Sugar Industry Amendment
and liabilities of, QSL on the day of the gazette notice. 1
`(4) The transfer of the assets and liabilities under this section has effect 2
despite the provisions of any other law. 3
`(5) The transfer of a liability under this section discharges the 4
corporation from the liability. 5
for transfer of marketing assets 6
`Consideration
`229E.(1) The assumption by QSL of the corporation's marketing 7
liabilities is part of the consideration for the transfer of the marketing assets. 8
`(2) To the extent that the total market value of the corporation's 9
marketing assets is more than the total value of the marketing liabilities, the 10
marketing assets are transferred to QSL by way of gratuitous transfer. 11
facilitating transfer 12
`Provisions
`229F.(1) The following apply for the purpose of the transferred assets 13
or transferred liabilities (the "relevant purpose")-- 14
(a) a reference in an instrument or an oral agreement, understanding 15
or undertaking, so far as it applies to a transferred asset or 16
transferred liability, to the corporation is taken to be a reference to 17
QSL; 18
(b) the relationship existing between the corporation and a person in 19
relation to a transferred asset or transferred liability immediately 20
before the transfer took effect continues between QSL and the 21
person after the transfer takes effect and gives rise to the same 22
rights and liabilities as would have arisen if there had been no 23
transfer; 24
(c) a notice given by or to the corporation before the transfer took 25
effect is, so far as it is referable to a transferred asset or 26
transferred liability, taken to have been given by or to QSL at the 27
time it was given by or to the corporation; 28
(d) QSL is entitled to possession of all documents to which the 29
corporation was entitled immediately before the transfer took 30
effect that are referable, wholly or partly, to a transferred asset or 31
transferred liability; 32
s 15 47 s 15
Sugar Industry Amendment
(e) QSL may execute an instrument transferring or otherwise dealing 1
with a transferred asset or transferred liability in its own name; 2
(f) QSL is otherwise the successor in law of the corporation for the 3
relevant purpose. 4
`(2) Subsection (1) does not limit the other provisions of this part. 5
proceedings 6
`Legal
`229G.(1) This section applies if a legal proceeding might have been 7
continued or started by or against the corporation in relation to a transferred 8
asset or transferred liability if there had been no transfer. 9
`(2) The proceeding may be continued or started by or against QSL. 10
`(3) QSL has the same rights and privileges as the corporation would 11
have had if there had been no transfer. 12
`(4) A document that could have been given in evidence by or against the 13
corporation if there had been no transfer may be given in evidence by or 14
against QSL. 15
of corporation directions, payment schemes and quality 16
`Continuation
standards 17
`229H.(1) A direction given by the corporation in force immediately 18
before QSL day is taken on and after QSL day to be a direction given by 19
QSL. 20
`(2) A payment scheme established by the corporation in force 21
immediately before QSL day is taken on and after QSL day to be 22
established by QSL. 23
`(3) A standard about sugar quality made by the corporation in force 24
immediately before QSL day is taken on and after QSL day to be made by 25
QSL. 26
s 15 48 s 15
Sugar Industry Amendment
`PART 3--ADMINISTRATION 1
`Division 1--General 2
cease holding office 3
`Officers
`229I.(1) Each person who, immediately before QSL day, was a 4
member of the board of directors of the corporation goes out of office on 5
QSL day. 6
`(2) No compensation is payable to a person because of subsection (1). 7
8
`Employees
`229J.(1) A person employed by the corporation immediately before 9
QSL day becomes an employee of QSL on QSL day. 10
`(2) Subsection (1) does not-- 11
(a) constitute a redundancy or retrenchment of the person's 12
employment by the corporation; or 13
(b) entitle the person to a benefit or payment merely because the 14
person is no longer employed by the corporation; or 15
(c) interrupt the person's continuity of service. 16
`(3) For the Industrial Relations Act, the person's period of employment 17
with the corporation is taken to be an equivalent period of employment with 18
QSL. 19
`(4) Subject to the Industrial Relations Act, the person has the same 20
employment rights against QSL that the person had against the corporation 21
immediately before QSL day. 22
`(5) If an industrial instrument under the Industrial Relations Act bound 23
the person and the corporation immediately before QSL day, it binds the 24
person and QSL. 25
`(6) In this section-- 26
"employment rights" includes existing and accruing rights to-- 27
(a) remuneration; and 28
s 15 49 s 15
Sugar Industry Amendment
(b) recreation, long service, sick or other leave; and 1
(c) superannuation or other benefits and entitlements. 2
"Industrial Relations Act" means the Industrial Relations Act 1999. 3
`Division 2--Administrator 4
5
`Appointment
`229K.(1) The commissioner is appointed to act as the administrator of 6
the corporation. 7
`(2) The administrator holds office until-- 8
(a) the dissolution day; or 9
(b) the office of commissioner becomes vacant under section 196.15 10
is corporation 11
`Administrator
`229L. For all purposes of this Act, the administrator is the corporation. 12
functions of administrator 13
`Additional
`229M.(1) The administrator has the following additional functions-- 14
(a) to identify the marketing assets and liabilities of the corporation 15
and to transfer them to QSL; 16
(b) to transfer BST assets and BST liabilities to STL; 17
(c) to receive STL shares to the value of the BST assets transferred in 18
consideration of the transfer of the assets to STL; 19
(d) to complete the distribution of STL shares received under 20
chapter 7A part 4 division 2; 21
(e) to enter into arrangements with STL and QSL about the use of the 22
corporation's assets. 23
`(2) In subsection (1)(b)-- 24
15 Section 196 (Vacation of office)
s 15 50 s 15
Sugar Industry Amendment
"BST asset" has the meaning given by section 228J. 1
"BST liability" has the meaning given by section 228J. 2
directions to administrator 3
`Minister's
`229N.(1) The Minister may give the administrator a written direction to 4
ensure the distribution of STL shares is carried out. 5
`(2) The administrator must comply with the direction. 6
`(3) The direction must-- 7
(a) be published in the gazette as soon as practicable after it is given; 8
and 9
(b) be tabled in the Legislative Assembly within 14 sitting days after 10
it is given. 11
`PART 4--DISTRIBUTION OF STL SHARES AND 12
DISSOLUTION OF CORPORATION 13
14
`Distribution
`229O.(1) The administrator must distribute the STL shares under 15
section 228U16 by way of gratuitous transfer. 16
`(2) As soon as practicable after the shares have been distributed, the 17
administrator must give the Minister notice ("completion notice") that the 18
distribution has been completed. 19
day 20
`Dissolution
`229P.(1) If the Minister receives a completion notice, the Minister must, 21
by gazette notice, fix a day (the "dissolution day") for the dissolution of 22
the corporation. 23
16 Section 228U (Transfer of STL shares)
s 15 51 s 15
Sugar Industry Amendment
`(2) The corporation-- 1
(a) continues in existence under this Act until the dissolution day; and 2
(b) is dissolved on the dissolution day. 3
`PART 5--GENERAL 4
has effect despite agreements etc. 5
`Chapter
`229Q. This chapter has effect despite anything in any agreement, 6
instrument or undertaking. 7
does not affect existing legal relationships 8
`Chapter
`229R. Nothing done under this chapter in relation to the corporation or 9
QSL (the "entity")-- 10
(a) makes the entity liable for a breach of a contract, trust or 11
confidence or otherwise makes the entity guilty of a civil wrong; 12
or 13
(b) places the entity in breach of a law of the State or an instrument 14
prohibiting, regulating or restricting the assignment or transfer of 15
an asset or liability or the disclosure of information; or 16
(c) is taken to fulfil a condition-- 17
(i) allowing a person to terminate an instrument or be released, 18
wholly or partly, from an obligation or change the operation 19
or effect of an instrument or obligation; or 20
(ii) requiring money to be paid, or anything else to be done, 21
before its stated maturity; or 22
(d) releases a surety or other obligee, wholly or partly, from an 23
obligation. 24
s 16 52 s 16
Sugar Industry Amendment
conditions for transactions under chapter to be met 1
`Other
`229S.(1) This section applies if-- 2
(a) apart from this section, obtaining the advice or consent of, or 3
giving notice to, a person would be necessary to give effect to a 4
transfer or other transaction contemplated by this chapter; and 5
(b) the advice, consent or notice is not required under this chapter. 6
`(2) The advice is taken to have been obtained. 7
`(3) The consent or notice is taken to have been given.'. 8
of ch 8 (Amendments, repeals and transitional 9
Amendment
provisions) 10
Clause 16.(1) Chapter 8, heading-- 11
omit, insert-- 12
`CHAPTER 8--TRANSITIONAL PROVISIONS'. 13
(2) Chapter 8, part 1-- 14
omit. 15
(3) Chapter 8, part 2, heading-- 16
omit, insert-- 17
`PART 1--TRANSITIONAL PROVISIONS FOR 18
ACT No. 51 of 1999'. 19
(4) Chapter 8, part 1-- 20
insert-- 21
`Division 11A--Mill suppliers' committees 22
`References to a mill suppliers' committee 23
`256A.(1) This section applies in relation to a mill suppliers' committee 24
from the commencement of section 4. 25
`(2) A reference in this Act to a mill suppliers' committee for a mill is 26
taken to be, and to have always been, a reference to the persons who 27
s 16 53 s 16
Sugar Industry Amendment
continued to meet as the mill suppliers' committee in a continuation of the 1
membership of the mill suppliers' committee-- 2
(a) established for the mill under the Primary Producers' 3
Organisation and Marketing Act 1926; and 4
(b) in existence immediately before the commencement of the 5
Primary Industry Bodies Reform Act 1999, section 55.17 6
`(3) Subsection (2) applies to the mill suppliers' committee until the first 7
of the following happens-- 8
(a) its term of office as stated for the appointment of its members 9
expires; 10
(b) growers elect a replacement committee. 11
`(4) Subsections (2) and (3) apply despite the Primary Industry Bodies 12
Reform Act 1999, section 55.'. 13
(5) Chapter 8, after section 266-- 14
insert-- 15
`PART 2--TRANSITIONAL PROVISIONS FOR 16
SUGAR INDUSTRY AMENDMENT ACT 2000 17
`Compliance with notice requirements 18
`267.(1) Subsection (2) applies if before the relevant commencement-- 19
(a) a grower has given a notice mentioned in the previous 20
section 47(2) to a mill suppliers' committee about an individual 21
agreement the grower intended to enter with a mill owner before a 22
collective agreement was made by the mill suppliers' committee; 23
and 24
(b) the notice would have complied with the requirements of 25
section 47(2A)18 if the relevant commencement had happened 26
before the notice was given. 27
`(2) The notice is taken to be, and to always have been, sufficient 28
17 Primary Industry Bodies Reform Act 1999, section 55 (Dissolution on transfer day)
18 Section 47 (Individual agreement entered by grower with mill owner)
s 17 54 s 17
Sugar Industry Amendment
compliance with previous sections 47(2) and (5). 1
`(3) Subsection (4) applies if before the relevant commencement a 2
grower has failed to give a notice as required under the previous 3
sections 47(2) and (5) to a mill suppliers' committee about an individual 4
agreement the grower intended to enter with a mill owner before a collective 5
agreement was made by the mill suppliers' committee. 6
`(4) Despite the previous section 47(7), the previous section 47(7) is 7
taken to be, and to always have been, of no effect in relation to the failure. 8
`(5) Subsections (3) and (4) do not limit subsections (1) and (2). 9
`(6) Subsection (7) applies if before the relevant commencement, a 10
grower failed to give to a mill suppliers' committee, before a collective 11
agreement was made by the committee, notice as required under the 12
previous section 47 of an individual agreement the grower intended to enter 13
with a mill owner after the collective agreement was made. 14
`(7) Despite the previous section 47, the failure to give notice is taken to 15
be, and to always have been, of no effect for any purpose of this Act. 16
`(8) A reference in previous section 47(3) to individual agreements a mill 17
owner has entered with growers is taken to have always been a reference to 18
individual agreements entered with growers before the collective agreement 19
mentioned in the subsection was made. 20
`(9) A reference in this section to the previous section 47, or a provision 21
of that section, is a reference to the section or provision as it existed before 22
the relevant commencement. 23
`(10) In this section-- 24
"relevant commencement" means the commencement of the Sugar 25
Industry Amendment Act 2000, section 4.'. 26
of sch 2 (Dictionary) 27
Amendment
Clause 17.(1) Schedule 2, definition 28
"mill supplier's committee"-- 29
omit. 30
s 17 55 s 17
Sugar Industry Amendment
(2) Schedule 2-- 1
insert-- 2
` "appointed member", for the authority, means each member of the 3
authority other than the commissioner. 4
"authority" means the Sugar Authority established under section 128H. 5
"eligible person", for chapter 7A, part 4, see section 228Q. 6
"mill suppliers' committee" means-- 7
(a) generally-- 8
(i) a mill suppliers' committee established for a mill by the 9
majority of growers whose cane production areas relate to 10
the mill; or 11
(ii) a corporation, including a replacement corporation 12
mentioned in the Primary Industry Bodies Reform Act 1999, 13
section 42(1)(c), that the majority of growers whose cane 14
production areas relate to a mill decide is the mill suppliers' 15
committee established for the mill; or 16
(b) in relation to a mill, or an entity established under this Act for a 17
mill or a supply agreement made for a mill or with a mill 18
owner--the mill suppliers' committee mentioned in paragraph (a) 19
established for the mill. 20
"QSL" means Queensland Sugar Limited ACN 090 152 211. 21
"STL" means Sugar Terminals Limited ACN 084 059 601.'. 22
56
Sugar Industry Amendment
SCHEDULE 1 1
¡
CONSEQUENTIAL AND MINOR AMENDMENTS 2
section 3(1) 3
1. After section 4-- 4
insert-- 5
`Notes in text 6
`4A. A note in the text of this Act is part of the Act.'. 7
2. Sections 49(3), 89(3), 90, 96(1), 97(2) and (4), 98(1), (3), (4), (6), 8
(7)(a), (b) and (d), (8) and (9), 99(1), (3) and (4)(b) and (c), 100(1), 9
(2)(a) to (f), (3) and (4), 101(4), 102(1), (2) and (3), 103(1), (2), (5), (7) 10
and (8), 146(3), (4) (2nd mention), (6), (8) (2nd mention), (9)(b) (2nd 11
mention), (11) (1st and 3rd mention) and (12), 197(2), 198(3) and (4), 12
213, 214, 215, 216 and 224(2), and schedule 2, definitions "industry 13
participant", paragraph (a)(iv), "payment scheme", "raw sugar 14
equivalent" and "sugar", paragraph (b), `the corporation'-- 15
omit, insert-- 16
`QSL'. 17
3. Section 57(2), `47(1) or (4)'-- 18
omit, insert-- 19
`47(2) and (3) or 47(4)'. 20
4. Section 57(7), `48'-- 21
omit, insert-- 22
`48(6)'. 23
57
Sugar Industry Amendment
SCHEDULE 1 (continued)
5. Section 57(7), after `mill'-- 1
insert-- 2
`under the collective agreement'. 3
6. Section 96, heading, `corporation'-- 4
omit, insert-- 5
`QSL'. 6
7. Section 97, heading, `Corporation'-- 7
omit, insert-- 8
`QSL'. 9
8. Sections 97(1) and (5), 98(2), (5) and (7), 99(2) and (7), 100(2), 10
101(1) and (5), 102(2) and103(5), `The corporation'-- 11
omit, insert-- 12
`QSL'. 13
9. Sections 98(3)(b) and (4) and 102(1)(b), `the corporation's'-- 14
omit, insert-- 15
`QSL's'. 16
10. Section 102, heading `Corporation's'-- 17
insert-- 18
`QSL's'. 19
58
Sugar Industry Amendment
SCHEDULE 1 (continued)
11. Section 102(1)(b), `functions, including the commissioner's 1
budget'-- 2
omit, insert-- 3
`statutory functions, including the budgets of the authority, the BSES and 4
the commissioner'. 5
12. Sections 105(1), 106(1) and 107(1)-- 6
insert-- 7
`(aa)the authority;'. 8
13. Chapter 4, part 2, division 1, heading-- 9
omit. 10
14. Section 146(3), `(the "corporation portion")'-- 11
omit, insert-- 12
`("QSL's portion")'. 13
15. Section 146(4), (9)(b), (10) and (11), `the corporation portion'-- 14
omit, insert-- 15
`QSL's portion'. 16
16. Section 146(8), `The corporation portion'-- 17
omit, insert-- 18
`QSL's portion'. 19
17. Section 161(2), `and rights' 20
omit. 21
59
Sugar Industry Amendment
SCHEDULE 1 (continued)
18. Section 161(3), `and obligations'-- 1
omit. 2
19. Sections 177(1) and 180(1), `production'-- 3
omit, insert-- 4
`protection'. 5
20. Section 182(1), `, on the date'-- 6
omit. 7
21. Section 182(1)(a), `and rights'-- 8
omit. 9
22. Section 182(1)(b), `and obligations'-- 10
omit. 11
23. Section 182(2), `on and from the date it is dissolved,'-- 12
omit, insert-- 13
`from its dissolution'. 14
24. Section 182(4), `the date on which it is dissolved, on and from that 15
date'-- 16
omit, insert-- 17
`its dissolution from its dissolution'. 18
25. Section 182-- 19
insert-- 20
60
Sugar Industry Amendment
SCHEDULE 1 (continued)
`(5) Persons employed or engaged by the old board immediately before it 1
is dissolved are taken, from its dissolution, to be employed or engaged by 2
the new board on the same terms and conditions as before.'. 3
26. Section 204(1)(e), `by'-- 4
omit, insert-- 5
`with'. 6
27. Section 216(2), `section 106(1)69'-- 7
omit, insert-- 8
`section 128F(1)19'. 9
28. Section 225(8), `127 or'-- 10
omit. 11
29. Section 230, heading, `pt 2'-- 12
omit, insert-- 13
`pt 1'. 14
30. Section 230, definition "repealed Act"-- 15
omit. 16
31. Section 235, heading `agreements'-- 17
omit, insert-- 18
`contracts'. 19
19 Section 128F (Minister's directions to QSL)
61
Sugar Industry Amendment
SCHEDULE 1 (continued)
32. Section 235 `agreement mentioned in section 130'-- 1
omit, insert-- 2
`contract mentioned in section 130(2).' 3
33. Section 246, `Act to the corporation before'-- 4
omit, insert-- 5
`Act before'. 6
34. Section 266-- 7
omit. 8
35. Schedule 1, amendment of Transport Operations (Road Use 9
Management) Act 1995, `Schedule 3'-- 10
omit, insert-- 11
`Schedule 4'. 12
36. Schedule 2, dictionary, definitions "appointed director" and 13
"repealed Act"-- 14
omit, insert-- 15
` "appointed director", for the BSES, means each director of the BSES 16
other than the BSES's executive officer. 17
"repealed Act" means the Sugar Industry Act 1991.'. 18
19
62
Sugar Industry Amendment
SCHEDULE 2 1
¡
AMENDMENTS ON DISSOLUTION DAY 2
section 3(1) 3
1. Chapter 4, part 2, heading-- 4
omit. 5
2. Sections 105(1)(a), 106(1)(a) and 107(1)(a)-- 6
omit. 7
3. Sections 108 to 111, 123 and 128-- 8
omit. 9
4. Section 193(h)-- 10
omit. 11
5. Sections 233, heading, 239(3), 241(1), 242, 243, 244, 246, 247, 248, 12
261(1), 264, heading, and 265, `corporation'-- 13
omit, insert-- 14
`Queensland Sugar Corporation'. 15
6. Section 264(2)(a) (1st mention), `corporation'-- 16
omit, insert-- 17
`Queensland Sugar Corporation (the "corporation")'. 18
63
Sugar Industry Amendment
SCHEDULE 2 (continued)
7. Schedule 2, definition "corporation"-- 1
omit. 2
8. Schedule 2-- 3
insert-- 4
` "Queensland Sugar Corporation" means the Queensland Sugar 5
Corporation mentioned as being established under section 108 as 6
originally enacted.'. 7
64
Sugar Industry Amendment
SCHEDULE 3 1
¡
MENDMENT OF PRIMARY INDUSTRY BODIES 2
A
REFORM ACT 1999 3
section 3(2) 4
1. Section 12(1)(d), `company; and'-- 5
omit, insert-- 6
`company.'. 7
2. Section 43, `immediately before the transfer day'-- 8
omit, insert-- 9
`from time to time'. 10
3. Section 51(1), `replacement corporation'-- 11
omit, insert-- 12
`trust constituted by the assets held by the replacement corporation under 13
section 44 (the "trust")'. 14
4. Section 51(3), (4) and (5), `replacement corporation'-- 15
omit, insert-- 16
`trust'. 17
© State of Queensland 2000
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