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Queensland
SUGAR INDUSTRY AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
SUGAR INDUSTRY AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF SUGAR INDUSTRY ACT 1999
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of ch 2, pt 3 (Cane variety control) . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Omission of ch 4, pt 5 (Bureau of Sugar Experiment Stations) . . . . . . . . . . 7
6 Omission of ch 4, pt 7 (Cane protection and productivity boards) . . . . . . . . 7
7 Amendment of ch 4, pt 8, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 198 (Definitions for pt 5A) . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Replacement of s 200 (Decision to transfer to non-statutory corporation) . . 8
200 Decision to transfer to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 201 (Things that must be decided for the transfer) . . . . . . 8
11 Replacement of s 202 (Deciding the replacement corporation) . . . . . . . . . . 8
202 Deciding the replacement entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Replacement of s 203 (Notice of decision about replacement corporation) . 9
203 Notice of decision about replacement entity . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 204 (Minister's decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Replacement of s 211 (Employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
211 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Insertion of ch 4, pt 8, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 5--Expiry and savings provisions
213A Expiry of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Sugar Industry and Other Legislation Amendment Bill
2003
213B Saving of operation of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Amendment of s 223 (Functions of commissioner) . . . . . . . . . . . . . . . . . . . 12
17 Insertion of new s 223A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
223A Powers of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Amendment of s 228 (Commissioner's budget) . . . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 253 (Improper use of information prohibited). . . . . . . . . . 13
20 Insertion of new s 255A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
255A Allegations of false or misleading matters. . . . . . . . . . . . . . . . . . . . . 13
21 Omission of chs 8 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--TRANSITIONAL PROVISIONS FOR SUGAR INDUSTRY
AND OTHER LEGISLATION AMENDMENT ACT 2003
Division 1--Preliminary
344 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Dissolution of BSES
Subdivision 1--Preliminary
345 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
346 Meaning of "under the control of the Queensland sugar industry" . . 15
Subdivision 2--Steps to transfer and dissolution
347 Decision to transfer to replacement corporation . . . . . . . . . . . . . . . . 16
348 Things that must be decided for the transfer . . . . . . . . . . . . . . . . . . . 16
349 Conditions for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
350 Notice of decision about replacement corporation . . . . . . . . . . . . . . 17
351 Minister's decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
352 Transfer and dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
353 Replacement corporation does not represent the State . . . . . . . . . . . 18
Subdivision 3--Provisions facilitating transfer
354 Registration of transferred assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
355 References to BSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
356 Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . 19
357 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
358 Directors cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
Sugar Industry and Other Legislation Amendment Bill
2003
359 Officer to remain member of cane protection and productivity board 20
23 Insertion of new ch 10, pt 3, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Automatic dissolution of cane protection and productivity
boards if no replacement entity
360 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
361 Automatic dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
362 Registration of transferred assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
363 References to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
364 Continuity of proceedings and matters . . . . . . . . . . . . . . . . . . . . . . . 23
365 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
366 Members cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Insertion of new ch 10, pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Appeals
367 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
368 Appeal to Magistrates Court against BSES's decision . . . . . . . . . . . 25
369 Appeal to District Court against Magistrates Court's decision . . . . . 25
25 Insertion of new ch 10, pt 3, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Injunctions
370 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
371 Undecided applications taken to have lapsed . . . . . . . . . . . . . . . . . . 27
372 Injunctions of no effect after commencement . . . . . . . . . . . . . . . . . . 27
26 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 3--AMENDMENT OF LIENS ON CROPS OF SUGAR CANE
ACT 1931
27 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28 Omission of s 16 (Application of proceeds of crop to costs of sugarcane
protection etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 4--AMENDMENT OF PLANT PROTECTION ACT 1989
29 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Omission of s 6AA (Act applies to sugar cane) . . . . . . . . . . . . . . . . . . . . . . 29
31 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
11A Approved plant variety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 32
4
Sugar Industry and Other Legislation Amendment Bill
2003
MINOR AND CONSEQUENTIAL AMENDMENTS OF SUGAR
INDUSTRY ACT 1999
2003
A BILL
FOR
An Act to amend the Sugar Industry Act 1999, and for other purposes
s1 6 s4
Sugar Industry and Other Legislation Amendment Bill
2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Sugar Industry and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) The following provisions of this Act commence on assent-- 7
(a) sections 3, 7 to 15, 17, 19 to 21 and 26(3); 8
(b) the schedule, other than items 1 to 3, 13 and 14. 9
(2) The remaining provisions of this Act commence on a day to be fixed 10
by proclamation. 11
PART 2--AMENDMENT OF SUGAR INDUSTRY 12
ACT 1999 13
3 Act amended in pt 2
Clause 14
This part, and the schedule, amends the Sugar Industry Act 1999. 15
4 Omission of ch 2, pt 3 (Cane variety control)
Clause 16
Chapter 2, part 3-- 17
omit. 18
s5 7 s8
Sugar Industry and Other Legislation Amendment Bill
2003
5 Omission of ch 4, pt 5 (Bureau of Sugar Experiment Stations)
Clause 1
Chapter 4, part 5-- 2
omit. 3
6 Omission of ch 4, pt 7 (Cane protection and productivity boards)
Clause 4
Chapter 4, part 7-- 5
omit. 6
7 Amendment of ch 4, pt 8, hdg
Clause 7
Chapter 4, part 8, heading, `CORPORATIONS'-- 8
omit, insert-- 9
`ENTITIES'. 10
8 Amendment of s 198 (Definitions for pt 5A)
Clause 11
(1) Section 198, definitions "asset", "board", "eligible participant" and 12
"liability"-- 13
omit. 14
(2) Section 198-- 15
insert-- 16
` "assets", of a board, means all assets of the board immediately before the 17
board's transfer day. 18
"authorised person", for a replacement entity, means an individual with 19
its written authority. 20
"board" means a cane protection and productivity board established under 21
section 177.1 22
"liabilities", of a board, means all liabilities of the board immediately 23
before the board's transfer day. 24
"proposed transfer day" see section 201(a). 25
1 Section 177 (Establishment of productivity area and cane protection and
productivity board)
s9 8 s 11
Sugar Industry and Other Legislation Amendment Bill
2003
"replacement entity" see section 201(b).'. 1
(3) Section 198, definition "transfer day", `corporation'-- 2
omit, insert-- 3
`entity'. 4
9 Replacement of s 200 (Decision to transfer to non-statutory
Clause 5
corporation) 6
Section 200-- 7
omit, insert-- 8
`200 Decision to transfer to person 9
`A board may, before 30 June 2004, decide to dissolve itself and transfer 10
its assets and liabilities to a person.2'. 11
10 Amendment of s 201 (Things that must be decided for the
Clause 12
transfer) 13
Section 201(b)-- 14
omit, insert-- 15
`(b) the person to which it will transfer its assets and liabilities 16
(the "replacement entity").'. 17
11 Replacement of s 202 (Deciding the replacement corporation)
Clause 18
Section 202-- 19
omit, insert-- 20
`202 Deciding the replacement entity 21
`A board may decide a person will be its replacement entity only if-- 22
(a) the replacement entity has, by notice to the board signed by an 23
authorised person for the entity, agreed to be the replacement 24
entity; and 25
2 See the Acts Interpretation Act 1954, section 32D (References to persons generally).
s 12 9 s 12
Sugar Industry and Other Legislation Amendment Bill
2003
(b) the relevant mill owner and a majority of the growers who supply 1
cane to the relevant mill agree with the proposed transfer.'. 2
12 Replacement of s 203 (Notice of decision about replacement
Clause 3
corporation) 4
Section 203-- 5
omit, insert-- 6
`203 Notice of decision about replacement entity 7
`(1) The board must give the Minister notice of any decision under 8
section 200. 9
`(2) The notice must state the following-- 10
(a) the day the decision was made; 11
(b) the proposed transfer day; 12
(c) the replacement entity's name; 13
(d) whether the replacement entity's functions will include the 14
functions of the board under section 190(a) to (e); 15
(e) that the replacement entity will deal with the assets of the board 16
for the benefit of the relevant mill owner and the growers who 17
supply cane to the relevant mill; 18
(f) the way the replacement entity will-- 19
(i) deal with the liabilities of the board; and 20
(ii) hold, dispose of and deal with the assets. 21
`(3) The notice must be accompanied by-- 22
(a) a copy of the notice mentioned in section 202(a);3 and 23
(b) evidence that the relevant mill owner and a majority of the 24
growers who supply cane to the relevant mill agree with the 25
proposed transfer.'. 26
3 Section 202 (Deciding the replacement entity)
s 13 10 s 14
Sugar Industry and Other Legislation Amendment Bill
2003
13 Amendment of s 204 (Minister's decision)
Clause 1
(1) Section 204-- 2
insert-- 3
`(1A) The Minister must, before approving the transfer for the board, be 4
satisfied the replacement entity will deal with the board's assets for the 5
benefit of the relevant mill owner and the growers who supply cane to the 6
relevant mill.'. 7
(2) Section 204(1A) to (3)-- 8
renumber as section 204(2) to (4). 9
14 Replacement of s 211 (Employees)
Clause 10
Section 211-- 11
omit, insert-- 12
`211 Employees 13
`(1) If the notice mentioned in section 203 states that the replacement
4
14
entity's functions will include the functions of the board under 15
section 190(a) to (e), a person employed by the board immediately before 16
the transfer day for the board becomes, on the transfer day, an employee of 17
the replacement entity. 18
`(2) If the notice mentioned in section 203 states that the replacement 19
entity's functions will not include the functions of the board under 20
section 190(a) to (e)-- 21
(a) a person's employment by the board immediately before the 22
transfer day is, on the transfer day, taken to be lawfully 23
terminated under the Industrial Relations Act; and 24
(b) the replacement entity and the employee may agree the employee 25
is, on the transfer day, to be employed by the replacement entity; 26
and 27
(c) if an agreement is not made under paragraph (b)-- 28
4 Section 203 (Notice of decision about replacement entity)
s 15 11 s 15
Sugar Industry and Other Legislation Amendment Bill
2003
(i) the person has, under the Industrial Relations Act, the rights 1
given to an employee whose employment has been lawfully 2
terminated under that Act; and 3
(ii) the rights given to the person may be exercised against the 4
replacement entity as if the replacement entity had been the 5
employer who terminated the person's employment. 6
`(3) If a person employed by the board immediately before the transfer 7
day becomes, under subsection (1) or (2)(b), an employee of the 8
replacement entity, subsections (4) to (7) apply. 9
`(4) Subsection (1) or (2)(b) does not-- 10
(a) constitute a redundancy or retrenchment of the person's 11
employment by the board; or 12
(b) entitle the person to a benefit or payment merely because the 13
person is no longer employed by the board; or 14
(c) interrupt the person's continuity of service. 15
`(5) For the Industrial Relations Act, the person's period of employment 16
with the board is taken to be an equivalent period of employment with the 17
replacement entity. 18
`(6) Subject to the Industrial Relations Act, the person has the same 19
employment rights against the replacement entity that the person had 20
against the board immediately before the transfer day. 21
`(7) If an industrial instrument under the Industrial Relations Act bound 22
the person and the board immediately before the transfer day, it binds the 23
person and the replacement entity.'. 24
15 Insertion of ch 4, pt 8, div 5
Clause 25
Chapter 4, part 8-- 26
insert-- 27
`Division 5--Expiry and savings provisions 28
`213A Expiry of pt 8 29
`This part expires on 1 July 2004. 30
s 16 12 s 18
Sugar Industry and Other Legislation Amendment Bill
2003
`213B Saving of operation of pt 8 1
`This part is declared to be a law to which the Acts Interpretation Act 2
1954, section 20A,5 applies.'. 3
16 Amendment of s 223 (Functions of commissioner)
Clause 4
Section 223-- 5
insert-- 6
`(h) to receive any assets and liabilities transferred to the 7
commissioner under chapter 10;6 8
(i) to act for the benefit of the sugar industry.'. 9
17 Insertion of new s 223A
Clause 10
After section 223-- 11
insert-- 12
`223A Powers of commissioner 13
`The commissioner has power to do any of the following-- 14
(a) enter into contracts; 15
(b) acquire, hold, dispose of and deal with property; 16
(c) appoint and act through agents and attorneys; 17
(d) anything else necessary or convenient to be done for the 18
commissioner's functions.'. 19
18 Amendment of s 228 (Commissioner's budget)
Clause 20
Section 228(6)-- 21
omit, insert-- 22
5 Acts Interpretation Act 1954, section 20A (Repeal does not end saving, transitional
or validating effect etc.)
6 See section 364 (Continuity of proceedings and matters)
s 19 13 s 21
Sugar Industry and Other Legislation Amendment Bill
2003
`(6) If, under chapter 10,7 assets or liabilities are transferred to the 1
commissioner, the commissioner may ask the Minister to amend the 2
budget.'. 3
19 Amendment of s 253 (Improper use of information prohibited)
Clause 4
Section 253-- 5
insert-- 6
`(2) An offence against this section is a misdemeanour.'. 7
20 Insertion of new s 255A
Clause 8
After section 255-- 9
insert-- 10
`255A Allegations of false or misleading matters 11
`(1) This section applies to a proceeding for an offence against this Act 12
described as involving-- 13
(a) false or misleading information; or 14
(b) a false or misleading document or statement. 15
`(2) It is enough for the complaint starting the proceeding to state the 16
document, information or statement was `false or misleading' to the 17
defendant's knowledge, without specifying which. 18
`(3) In the proceeding, evidence that the document, information or 19
statement was given or made recklessly is evidence that it was given or 20
made so as to be false or misleading.'. 21
21 Omission of chs 8 and 9
Clause 22
Chapters 8 and 9-- 23
omit. 24
7 See section 364 (Continuity of proceedings and matters)
s 22 14 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
22 Insertion of new ch 10, pt 3
Clause 1
Chapter 10, after part 2-- 2
insert-- 3
`PART 3--TRANSITIONAL PROVISIONS FOR SUGAR 4
INDUSTRY AND OTHER LEGISLATION AMENDMENT 5
ACT 2003 6
`Division 1--Preliminary 7
`344 Definitions for pt 3 8
`In this part-- 9
"amending Act" means the Sugar Industry and Other Legislation 10
Amendment Act 2003. 11
"unamended Act" means this Act as in force immediately before the date 12
of assent for the amending Act. 13
`Division 2--Dissolution of BSES 14
`Subdivision 1--Preliminary 15
`345 Definitions for div 2 16
`In this division-- 17
"assets", of BSES, means all assets of BSES immediately before the 18
transfer day. 19
"authorised person", for the replacement corporation, means its secretary 20
or another individual with the written authority of its board of 21
directors. 22
"BSES" means the Bureau of Sugar Experiment Stations established under 23
the unamended Act, section 143. 24
"cane protection and productivity board" means a cane protection and 25
productivity board established under the unamended Act, 26
s 22 15 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
section 177,8 and in existence under this Act immediately before the 1
commencement. 2
"commencement" means the day the amending Act, section 22, 3
commences. 4
"company limited by guarantee" means a company limited by guarantee 5
under the Corporations Act, section 9.9 6
"constitution", of the replacement corporation, means its constitution, or 7
proposed constitution, under the Corporations Act. 8
"liabilities", of BSES, means all liabilities of BSES immediately before 9
the transfer day. 10
"proposed transfer day" see section 348(a). 11
"replacement corporation" see section 348(b). 12
"transfer day" means the day approved by the Minister under 13
section 35110 as the transfer day for BSES. 14
"under the control of the Queensland sugar industry" see section 346. 15
`346 Meaning of "under the control of the Queensland sugar industry" 16
`(1) The replacement corporation is taken to be "under the control of 17
the Queensland sugar industry" if the corporation has the required 18
number of grower representatives and mill owners with the required voting 19
power in the corporation. 20
8 Section 177 (Establishment of productivity area and cane protection and
productivity board)
9 Corporations Act, section 9--
"company limited by guarantee" means a company formed on the principle of
having the liability of its members limited to the respective amounts that the
members undertake to contribute to the property of the company if it is wound
up.
Corporations Act, section 124(1) (Legal capacity and powers of a company)
provides that: `A company limited by guarantee does not have the power to issue
shares.'
10 Section 351 (Minister's decision)
s 22 16 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
`(2) In this section-- 1
"required number", of grower representatives and mill owners, means a 2
number of grower representatives and mill owners that is at least 75% 3
of all the members of the replacement corporation. 4
"required voting power", in the replacement corporation, means the 5
ability to freely exercise at least 75% of the total voting power 6
associated with the membership of the corporation. 7
`Subdivision 2--Steps to transfer and dissolution 8
`347 Decision to transfer to replacement corporation 9
`BSES must decide to dissolve itself and transfer its assets and liabilities 10
to a corporation-- 11
(a) that is not a statutory body; and 12
(b) that is under the control of the Queensland sugar industry. 13
`348 Things that must be decided for the transfer 14
`Under section 347, BSES must decide the following-- 15
(a) the day on which BSES proposes to transfer its assets and 16
liabilities (the "proposed transfer day"); 17
(b) the corporation to which it will transfer its assets and liabilities 18
(the "replacement corporation"). 19
`349 Conditions for transfer 20
`BSES may decide a corporation will be its replacement corporation 21
only if-- 22
(a) the corporation has, by notice to BSES signed by an authorised 23
person for the corporation, agreed to be the replacement 24
corporation; and 25
(b) the corporation is under the control of the Queensland sugar 26
industry; and 27
(c) the corporation is a company limited by guarantee; and 28
s 22 17 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
(d) BSES is satisfied that, on the transfer of the assets and liabilities, 1
having regard to the requirements and purposes of the transfer, 2
the following will be appropriate-- 3
(i) the corporation's constitution; 4
(ii) the obligations, restrictions and rights that will attach to 5
members of the corporation; 6
(iii) the corporation's officers. 7
`350 Notice of decision about replacement corporation 8
`(1) BSES must give the Minister notice of its decision under 9
section 347. 10
`(2) The notice must state the following-- 11
(a) the day the decision was made; 12
(b) the proposed transfer day; 13
(c) the replacement corporation's name; 14
(d) the replacement corporation is a company limited by guarantee; 15
(e) the corporation is under the control of the Queensland sugar 16
industry; 17
(f) BSES is satisfied that, on the transfer of BSES's assets and 18
liabilities to the replacement corporation, having regard to the 19
requirements and purposes of the transfer, the following will be 20
appropriate-- 21
(i) the corporation's constitution; 22
(ii) the obligations, restrictions and rights that will attach to 23
members of the corporation; 24
(iii) the corporation's officers. 25
`(3) The notice must be accompanied by a copy of the notice mentioned 26
in section 349(a).11 27
11 Section 349 (Conditions for transfer)
s 22 18 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
`351 Minister's decision 1
`(1) The Minister must consider the notice and may require information 2
from BSES. 3
`(2) If the Minister does not consider that all requirements for this 4
division have been complied with for the transfer, the Minister may give 5
BSES written directions. 6
`(3) BSES must comply with the directions. 7
`(4) The Minister must, by notice given to BSES, approve the proposed 8
transfer day, or another day after the proposed transfer, as the transfer day 9
for BSES. 10
`(5) The day approved by the Minister as the transfer day for BSES must 11
be on or before 30 June 2003. 12
`352 Transfer and dissolution 13
`On the transfer day-- 14
(a) BSES's assets and liabilities are transferred to, and become the 15
assets and liabilities of, the replacement corporation; and 16
(b) BSES is dissolved. 17
`353 Replacement corporation does not represent the State 18
`The replacement corporation-- 19
(a) does not represent the State; and 20
(b) can not make the State liable for the debts and obligations of the 21
corporation or any other person. 22
`Subdivision 3--Provisions facilitating transfer 23
`354 Registration of transferred assets 24
`(1) A certificate signed by an authorised person for the replacement 25
corporation is evidence of an asset having become an asset of the 26
corporation on the transfer day if the certificate-- 27
(a) identifies the asset; and 28
s 22 19 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
(b) states the asset was, immediately before the transfer day, an asset 1
of BSES; and 2
(c) states that, under this division, the asset became an asset of the 3
replacement corporation on the transfer day. 4
`(2) If the certificate is given to an entity with registration functions 5
under a law of the State for assets of that kind under a law of the State, the 6
entity must do the following as if the certificate were an appropriate 7
instrument of transfer of the asset-- 8
(a) register the matter in the same way as transactions for assets of 9
that kind; 10
(b) deal with, and give effect to, the certificate. 11
12
Example of entity with registration functions--
13
· the registrar of titles.
`(3) A transfer of the asset to the replacement corporation may be 14
registered or given effect to under the law of another State or the 15
Commonwealth if-- 16
(a) the certificate is given to an entity with registration functions for 17
assets of that kind under the other State's or the 18
Commonwealth's law; and 19
(b) the entity is permitted by law to do so. 20
`355 References to BSES 21
`A reference to BSES in an Act or document existing before its 22
dissolution has effect, from its dissolution, as if it were a reference to the 23
replacement corporation, if the context permits. 24
`356 Continuity of proceedings and matters 25
`(1) A proceeding that, if BSES were not dissolved, might have been 26
started or continued by or against BSES may, from its dissolution, be 27
started or continued by or against the replacement corporation. 28
`(2) All matters started by BSES before its dissolution may be completed 29
by the replacement corporation after BSES's dissolution. 30
s 22 20 s 22
Sugar Industry and Other Legislation Amendment Bill
2003
`357 Employees 1
`(1) A person employed by BSES immediately before the transfer day 2
becomes, on the transfer day, an employee of the replacement corporation. 3
`(2) Subsection (1) does not-- 4
(a) constitute a redundancy or retrenchment of the person's 5
employment by BSES; or 6
(b) entitle the person to a benefit or payment merely because the 7
person is no longer employed by BSES; or 8
(c) interrupt the person's continuity of service. 9
`(3) For the Industrial Relations Act, the person's period of employment 10
with BSES is taken to be an equivalent period of employment with the 11
replacement corporation. 12
`(4) Subject to the Industrial Relations Act, the person has the same 13
employment rights against the replacement corporation that the person had 14
against BSES immediately before the transfer day. 15
`(5) If an industrial instrument under the Industrial Relations Act bound 16
the person and BSES immediately before the transfer day, it binds the 17
person and the replacement corporation. 18
`358 Directors cease holding office 19
`(1) Each person who, immediately before the transfer day, was a 20
director of BSES goes out of office on the transfer day. 21
`(2) No compensation is payable to a person because of subsection (1). 22
`359 Officer to remain member of cane protection and productivity 23
board 24
`(1) This section applies to a member of a cane protection and 25
productivity board who-- 26
(a) is nominated by BSES to be a member of the board; and 27
(b) immediately before the transfer day, is an officer of BSES. 28
`(2) The member continues, from the transfer day, to be a member of the 29
board for the balance of the member's term.'. 30
s 23 21 s 23
Sugar Industry and Other Legislation Amendment Bill
2003
23 Insertion of new ch 10, pt 3, div 3
Clause 1
Chapter 10, part 3-- 2
insert-- 3
`Division 3--Automatic dissolution of cane protection and productivity 4
boards if no replacement entity 5
`360 Definitions for div 3 6
`In this division-- 7
"assets", of a board, means all assets of the board immediately before the 8
board's transfer day. 9
"authorised person", for the replacement corporation, means its secretary 10
or someone else with the written authority of its board of directors. 11
"board" means a cane protection and productivity board established under 12
the unamended Act, section 177,12 and in existence under this Act 13
immediately before the commencement. 14
"BSES" means the Bureau of Sugar Experiment Stations established under 15
the unamended Act, section 143. 16
"commencement" means the day the amending Act, section 23, 17
commences. 18
"liabilities", of a board, means all liabilities of the board immediately 19
before the board's transfer day. 20
"replacement corporation" means the replacement corporation to which 21
BSES's assets and liabilities were transferred.13 22
"replacement entity", for a cane protection and productivity board 23
established under the unamended Act but not in existence immediately 24
before the commencement, means its replacement entity under 25
section 201(b).14 26
12 Section 177 (Establishment of productivity area and cane protection and
productivity board)
13 See section 352 (Transfer and dissolution)
14 Section 201 (Things that must be decided for the transfer)
s 23 22 s 23
Sugar Industry and Other Legislation Amendment Bill
2003
"transfer day", for a board, means-- 1
(a) 30 June 2004 if-- 2
(i) the board does not, before 30 June 2004, give the Minister a 3
notice under section 203;15 or 4
(iii) the Minister has, before 30 June 2004, refused to approve 5
each proposed transfer for the board; or 6
(b) if the Minister refuses, on or after 30 June 2004, to approve the 7
transfer for the board--the day the Minister refuses to approve 8
the transfer. 9
`361 Automatic dissolution 10
`(1) This section applies if-- 11
(a) a board does not, before 30 June 2004, give the Minister a notice 12
under section 203;16 or 13
(b) the Minister refuses, under section 204(3),17 to approve each 14
proposed transfer for the board made before 30 June 2004. 15
`(2) On the transfer day for the board-- 16
(a) subject to subsection (3), the board's assets and liabilities are 17
transferred to the replacement corporation; and 18
(b) the board is dissolved; and 19
(c) the board's productivity area is abolished. 20
`(3) The liabilities mentioned in subsection (2)(a) do not include a 21
liability that may lead to a proceeding that, if the board were not dissolved, 22
might be started or continued by or against the board.18 23
`362 Registration of transferred assets 24
`(1) A certificate signed by an authorised person for the replacement 25
corporation is evidence of an asset of a board having become an asset of 26
15 Section 203 (Notice of decision about replacement entity)
16 Section 203 (Notice of decision about replacement entity)
17 Section 204 (Minister's decision)
18 See section 364 (Continuity of proceedings and matters).
s 23 23 s 23
Sugar Industry and Other Legislation Amendment Bill
2003
the replacement corporation on the transfer day for the board if the 1
certificate-- 2
(a) identifies the asset; and 3
(b) states the asset was, immediately before the transfer day, an asset 4
of the board; and 5
(c) states that, under this division, the asset became an asset of the 6
replacement corporation on the transfer day. 7
`(2) If the certificate is given to an entity with registration functions 8
under a law of the State for assets of that kind under a law of the State, the 9
entity must do the following as if the certificate were an appropriate 10
instrument of transfer of the asset-- 11
(a) register the matter in the same way as transactions for assets of 12
that kind; 13
(b) deal with, and give effect to, the certificate. 14
15
Example of an entity with registration functions--
16
· the registrar of titles.
`(3) A transfer of the asset to the replacement corporation may be 17
registered or given effect to under the law of another State or the 18
Commonwealth if-- 19
(a) the certificate is given to an entity with registration functions for 20
assets of that kind under the other State's or the 21
Commonwealth's law; and 22
(b) the entity is permitted by law to do so. 23
`363 References to board 24
`A reference to a board in an Act or document existing before its 25
dissolution has effect, from its dissolution, as if it were a reference to the 26
replacement corporation, if the context permits. 27
`364 Continuity of proceedings and matters 28
`(1) A proceeding that, if a board were not dissolved, might have been 29
started or continued by or against the board may, from its dissolution, be 30
started or continued by or against the commissioner. 31
s 24 24 s 24
Sugar Industry and Other Legislation Amendment Bill
2003
`(2) All matters started by the board before its dissolution may be 1
completed by the commissioner after the board's dissolution. 2
`365 Employees 3
`(1) A person employed by a board immediately before the transfer day 4
becomes, on the transfer day, an employee of the replacement corporation. 5
`(2) Subsection (1) does not-- 6
(a) constitute a redundancy or retrenchment of the person's 7
employment by the board; or 8
(b) entitle the person to a benefit or payment merely because the 9
person is no longer employed by the board; or 10
(c) interrupt the person's continuity of service. 11
`(3) For the Industrial Relations Act, the person's period of employment 12
with the board is taken to be an equivalent period of employment with the 13
replacement corporation. 14
`(4) Subject to the Industrial Relations Act, the person has the same 15
employment rights against the replacement corporation that the person had 16
against the board immediately before the transfer day. 17
`(5) If an industrial instrument under the Industrial Relations Act bound 18
the person and the board immediately before the transfer day, it binds the 19
person and the replacement corporation. 20
`366 Members cease holding office 21
`(1) Each person who, immediately before the transfer day for a board, 22
was a member of the board goes out of office on the transfer day. 23
`(2) No compensation is payable to a person because of subsection (1).'. 24
24 Insertion of new ch 10, pt 3, div 4
Clause 25
Chapter 10, part 3-- 26
insert-- 27
s 24 25 s 24
Sugar Industry and Other Legislation Amendment Bill
2003
`Division 4--Appeals 1
`367 Definitions for div 4 2
`In this division-- 3
"BSES" means the Bureau of Sugar Experiment Stations established under 4
the unamended Act, section 143. 5
"commencement" means the day the amending Act, section 24, 6
commences. 7
`368 Appeal to Magistrates Court against BSES's decision 8
`(1) This section applies to a person mentioned in the unamended Act, 9
section 234(1)(f),19 who may appeal to a Magistrates Court against the 10
decision, mentioned in relation to the person, of BSES. 11
`(2) If-- 12
(a) the person has appealed to a Magistrates Court under the 13
unamended Act, section 234, against the decision; and 14
(b) the appeal has not been decided before the commencement; 15
the appeal lapses. 16
`(3) No order for costs may be made for the appeal. 17
`(4) If-- 18
(a) the person could have appealed to a Magistrates Court under the 19
unamended Act, section 234, against the decision; and 20
(b) the person has not appealed before the commencement; 21
the unamended Act, section 234, does not apply to the decision. 22
`369 Appeal to District Court against Magistrates Court's decision 23
`(1) This section applies to a person mentioned in the unamended Act, 24
section 234(1)(f), who-- 25
19 Section 234 (Appeal to Magistrates Court)
s 25 26 s 25
Sugar Industry and Other Legislation Amendment Bill
2003
(a) has appealed to a Magistrates Court against the decision, 1
mentioned in relation to the person, of BSES; and 2
(b) is dissatisfied with the decision of the Magistrates Court 3
(the "court decision"). 4
`(2) If-- 5
(a) the person has appealed to the District Court under the 6
unamended Act, section 234(8), against the court decision; and 7
(b) the appeal has not been decided before the commencement; 8
the appeal lapses. 9
`(3) No order for costs may be made for the appeal. 10
`(4) If-- 11
(a) the person could have appealed to the District Court under the 12
unamended Act, section 234(8), against the court decision; and 13
(b) the person has not appealed before the commencement; 14
the unamended Act, section 234(8), does not apply to the court decision.'. 15
25 Insertion of new ch 10, pt 3, div 5
Clause 16
Chapter 10, part 3-- 17
insert-- 18
`Division 5--Injunctions 19
`370 Definitions for div 5 20
`In this division-- 21
"commencement" means the day the amending Act, section 25, 22
commences. 23
"court" means the Supreme Court. 24
"injunction" includes an interim injunction. 25
"repealed provision" means a provision of the unamended Act, chapter 2, 26
part 3.20 27
20 Chapter 2 (Production, supply and milling), part 3 (Cane variety control)
s 25 27 s 25
Sugar Industry and Other Legislation Amendment Bill
2003
"undesirable conduct", for a person, means the person has engaged, is 1
engaging, or is proposing to engage, in conduct that is, was, or would 2
be, any of the following-- 3
(a) a contravention of a repealed provision; 4
(b) attempting to contravene a repealed provision; 5
(c) aiding, abetting, counselling or procuring a person to contravene 6
a repealed provision; 7
(d) inducing or attempting to induce (whether by threats, promises or 8
otherwise) a person to contravene a repealed provision; 9
(e) being in any way, directly or indirectly, knowingly concerned in, 10
or party to, the contravention by a person of a repealed provision; 11
(f) conspiring with others to contravene a repealed provision. 12
`371 Undecided applications taken to have lapsed 13
`(1) This section applies if an interested entity applied before the 14
commencement under the unamended Act, section 247,21 to the court for an 15
injunction-- 16
(a) either-- 17
(i) restraining a person from engaging in undesirable conduct; 18
or 19
(ii) requiring a person to do anything the person is required to 20
do under a repealed provision; and 21
(b) on the commencement, the application had not been decided. 22
`(2) The application is taken to have lapsed. 23
`(3) No order for costs may be made for the application. 24
`372 Injunctions of no effect after commencement 25
`(1) This section applies if the court has, on the application of an 26
interested entity, granted an injunction, under the unamended Act, 27
section 247-- 28
21 Section 247 (Injunctions)
s 26 28 s 26
Sugar Industry and Other Legislation Amendment Bill
2003
(a) restraining a person from engaging in undesirable conduct and, if 1
the court considered it desirable to do so, requiring the person to 2
do anything; or 3
(b) requiring a person to do anything the person is required to do 4
under a repealed provision. 5
`(2) The injunction is of no effect after the commencement.'. 6
26 Amendment of schedule (Dictionary)
Clause 7
(1) Schedule, definitions "appointed director", "BSES" and 8
"non-approved cane"-- 9
omit. 10
(2) Schedule, definition "cane protection and productivity board"-- 11
omit. 12
(3) Schedule-- 13
insert-- 14
` "assets", for chapter 4, part 8, see section 198. 15
"board", for chapter 4, part 8, see section 198. 16
"employment rights" includes existing and accruing rights to-- 17
(a) remuneration; and 18
(b) recreation, long service, sick or other leave; and 19
(c) superannuation or other benefits and entitlements. 20
"Industrial Relations Act" means the Industrial Relations Act 1999. 21
"liabilities", for chapter 4, part 8, see section 198. 22
"proposed transfer day", for chapter 4, part 8, see section 201(a). 23
"replacement entity", for chapter 4, part 8, see section 201(b). 24
"transfer day", for chapter 4, part 8, see section 198.'. 25
s 27 29 s 31
Sugar Industry and Other Legislation Amendment Bill
2003
PART 3--AMENDMENT OF LIENS ON CROPS OF 1
SUGAR CANE ACT 1931 2
27 Act amended in pt 3
Clause 3
This part amends the Liens on Crops of Sugar Cane Act 1931. 4
5
28 Omission of s 16 (Application of proceeds of crop to costs of
Clause 6
sugarcane protection etc.) 7
Section 16-- 8
omit. 9
PART 4--AMENDMENT OF PLANT PROTECTION 10
ACT 1989 11
29 Act amended in pt 4
Clause 12
This part amends the Plant Protection Act 1989. 13
30 Omission of s 6AA (Act applies to sugar cane)
Clause 14
Section 6AA-- 15
omit. 16
31 Insertion of new s 11A
Clause 17
After section 11-- 18
insert-- 19
`11A Approved plant variety 20
`(1) The chief executive may declare-- 21
s 31 30 s 31
Sugar Industry and Other Legislation Amendment Bill
2003
(a) a variety of a plant (the "approved plant variety") for planting 1
or cultivating in the pest quarantine area; and 2
(b) the way, and the conditions under which, the approved plant 3
variety may be planted or cultivated in the pest quarantine area. 4
`(2) A declaration mentioned in subsection (1) is an "approved plant 5
declaration". 6
`(3) The chief executive may decide to make an approved plant 7
declaration only if the chief executive is satisfied the planting or cultivating 8
of the approved plant variety will not spread the pest to a crop plant within 9
the pest quarantine area. 10
`(4) The chief executive must, when making a decision under 11
subsection (4), consider the following things-- 12
(a) the resistance or susceptibility of the approved plant variety to 13
the pest; 14
(b) whether the approved plant variety is a host of the pest; 15
(c) all other relevant circumstances, including, for example-- 16
(i) whether, and to what extent, the pest would be visible on the 17
approved plant variety; and 18
(ii) whether the approved plant variety shows any symptoms of 19
pest infestation; and 20
21
Example--
22
A particular variety of bananas shows dark green marks on the
23
underside of the leaf and at the bottom of the flower bell on the plant
24
if it is infested with banana bunchy top virus.
(iii) the way the pest is spread; and 25
(iv) the likelihood of its spread. 26
`(5) An approved plant declaration is subordinate legislation. 27
`(6) An inspector may give directions and take action as may be 28
necessary or convenient to ensure compliance with, or permit exemption 29
from, an approved plant declaration. 30
`(7) Subsection (6) does not limit another provision of this Act. 31
`(8) If-- 32
(a) the Minister has, by notice under section 11(2), declared the pest 33
quarantine area; and 34
s 31 31 s 31
Sugar Industry and Other Legislation Amendment Bill
2003
(b) a regulation in relation to the same matter has not, under 1
section 11(1), commenced within 3 months after the Minister 2
makes the notice; 3
the approved plant declaration remains in force until the notice lapses. 4
`(9) A person must not-- 5
(a) contravene an approved plant declaration; or 6
(b) contravene a direction given by an inspector under 7
subsection (6); or 8
(c) obstruct an inspector in the exercise of powers under 9
subsection (6). 10
Maximum penalty for subsection (9)--1 000 penalty units.'. 11
32
Sugar Industry and Other Legislation Amendment Bill
2003
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
OF SUGAR INDUSTRY ACT 1999 3
section 3 4
1 Sections 106(1)(b), `, the BSES'-- 5
omit. 6
2 Sections 109(1)(d), 110(1)(d), 111(1)(d) and 234(1)(f)-- 7
omit. 8
3 Sections 109(1)(f), 110(1)(f) and 111(1)(e)-- 9
omit. 10
4 Section 120(2) and (3)-- 11
omit, insert-- 12
`(2) However, in relation to the performance of its statutory functions or 13
the exercise of its statutory powers, QSL is a public authority for-- 14
(a) the Ombudsman Act 2001; and 15
(b) the Freedom of Information Act 1992.'. 16
5 Section 122(2), `QSL day'-- 17
omit, insert-- 18
`1 August 2000'. 19
6 Section 122(3)-- 20
omit. 21
33
Sugar Industry and Other Legislation Amendment Bill
2003
SCHEDULE (continued)
7 Sections 199, 205, 207 to 210 and 213, `corporation'-- 1
omit, insert-- 2
`entity'. 3
8 Section 208(1)(c), before `that'-- 4
insert-- 5
`states'. 6
9 Section 208(3), after `another State'-- 7
insert-- 8
`or the Commonwealth'. 9
10 Section 208(3)(a), after `State's'-- 10
insert-- 11
`or the Commonwealth's'. 12
11 Ch 4, pt 8, div 4, heading, `corporation'-- 13
omit, insert-- 14
`entity'. 15
12 Section 213, heading, `corporation'-- 16
omit, insert-- 17
`entity'. 18
13 Chapter 10, part 1, division 8-- 19
omit. 20
34
Sugar Industry and Other Legislation Amendment Bill
2003
SCHEDULE (continued)
14 Chapter 10, part 1, division 10-- 1
omit. 2
© State of Queensland 2003
Authorised by the Parliamentary Counsel
and printed by the Government Printer
AMENDMENTS TO BILL
1
Sugar Industry and Other Legislation Amendment Bill
2003
SUGAR INDUSTRY AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 22--
At page 18, line 12, `on or before 30 June 2003'--
omit, insert--
`declared by gazette notice'.
2 Clause 31--
At page 30, line 12, `subsection (4)'--
omit, insert--
`subsection (3)'.
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