Canned Fruits Marketing Act Amendment Act 1985 (Qld)

901 Queen%Inztb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 61 of 1985 An Act to amend the Canned Fruits Marketing Act 1981 in certain particulars [ASSENTED TO 27TH SEPTEMBER, 1985]

902 Canned Fruits Marketing Act Amendment Act 1985, No. 61 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Canned Fruits Marketing Act Amendment Act 1985. (2) In this Act the Canned Fruits Marketing Act 1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Canned Fruits Marketing Act 1981-1985. 2. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the definition "Advisory Committee" the following definition:- "annual operational plan" means a plan developed by the Corporation and approved by the Commonwealth Minister in accordance with Division 2 of Part IVA of the Com- monwealth Act;"; (ii) inserting after the definition "Commonwealth Minister" the following definition:- "corporate plan" means the plan developed by the Corporation and approved by the Commonwealth Minister in accordance with Division 1 of Part IVA of the Commonwealth Act;"; (iii) inserting after the definition "equalisation pool" the following definition:- "insurance account" means the insurance account maintained under section 7A;"; (iv) omitting from the definition "season" the expression "4" and substituting the expression "7"; (b) in subsection (3)- (i) omitting the word "and" where it occurs between paragraph (a) and paragraph (b); (ii) omitting paragraph (b) and substituting the following paragraphs:- "(b) where the Corporation was fully or partly insured against relevant risks (within the meaning of section 7A) in respect of the canned fruits, an amount calculated in respect of the canned fruits at the insurance reimbursement rate in force under subsection (3) of section 7A, or under the corresponding provision of the Commonwealth Act or of a State Act, at the time of that disposal; and (c) where the Corporation was not fully insured against those risks, an amount calculated in respect of the canned fruits at the insurance account reimbursement rate in force under subsection (6) of section 7A, or under the corresponding

Canned Fruits Marketing Act Amendment Act 1985, No. 61 903 provision of the Commonwealth Act or of a State Act, at the time of that disposal."; (c) inserting after subsection (4) the following subsection:- "(4A) For the purposes of subsection (3), any money paid out of the insurance account in accordance with subsection (7) (a) of section 7A in respect of canned fruits shall be deemed to be proceeds of the disposal of those canned fruits.". 3. Amendment of s. 6 . Powers of Corporation . Section 6 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- "(1A) To the extent that it is practicable to do so, the Corporation shall endeavour to ensure that the exercise, at any time, of the powers conferred on it by this Act is consistent with, and designed to give effect to- (a) where the corporate plan is in force at that time- the provisions of that plan; and (b) where an annual operational plan is in force at that time-the provisions of that annual operational plan."; (b) omitting subsection (3). 4. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- "7A. Insurance. (1) In this section, "relevant risk" means the risk of loss or deterioration of, or damage to, canned fruits acquired by the Corporation under this Act. (2) The Corporation may insure against relevant risks. (3) The cost to the Corporation of the insurance permitted by subsection (2) shall be met out of the proceeds of the disposal by the Corporation of the canned fruits covered by the insurance and, for that purpose, the Corporation shall, from time to time, fix an insurance reimbursement rate. (4) So long as the Corporation is not fully insured by policies of insurance against all relevant risks, the Corporation shall maintain an account, to be known as the "insurance account", for the purpose of making provision against relevant risks so far as they are not covered by insurance. (5) The Corporation shall pay into the insurance account such amounts as, in the opinion of the Corporation, ensure that the amount from time to time standing to the credit of the insurance account is sufficient for the purpose of making adequate provision against relevant risks so far as those risks are not covered by insurance. (6) Payments by the Corporation into the insurance account in accordance with subsection (5) shall be reimbursed, or paid. out of the proceeds of the disposal by the Corporation of canned fruits, being canned fruits in respect of which the Corporation

904 Canned Fruits Marketing Act Amendment Act 1985, No. 61 was not fully insured against relevant risks, and, for that purpose, the Corporation shall, from time to time, fix an insurance account reimbursement rate. (7) Money in the insurance account may be applied only in payment of- (a) where the Corporation suffers loss, not fully covered by insurance, by reason of a relevant nsk-such amount in respect of that loss as the Corporation considers appropriate having regard to the provisions made under this section in lieu of insurance against that risk; and (b) such amounts as, in the opinion of the Corporation, are appropriate to make provision for expenses or other liabilities that have been or will be incurred by the Corporation in maintaining the insurance account or otherwise in or in connection with making provision against relevant risks so far as they are not covered by insurance. (8) The Commonwealth Minister may, by determination in writing- (a) set guidelines for the purpose of the exercise by the Corporation of its powers under this section; and (b) revoke or vary guidelines set for that purpose or set new guidelines for that purpose, and shall give the Corporation a copy of each determination made under this subsection. (9) The Corporation shall not exercise its powers under this section otherwise than in accordance with any guidelines having effect from time to time under subsection (8).". 5. Repeal of s. 12. Insurance reimbursement rate . The Principal Act is amended by repealing section 12. 6. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- "13A. Excess proceeds . Where- (a) the Corporation has determined a minimum price for which particular canned fruits are to be disposed of (whether or not the relevant determination applies to other canned fruits); and (b) those canned fruits are disposed of by a marketing agent at a price higher than the price so determined, then, unless the Corporation, by instrument in writing, otherwise directs, the amount of the difference between the amount of the proceeds of the disposal of those canned fruits by the marketing agent and the amount that would have been the amount of the proceeds of their disposal if they had been disposed of by the marketing agent at the price determined by the Corporation- (c) shall be disposed of in accordance with arrangements between the marketing agent and the person to whom

Canned Fruits Marketing Act Amendment Act 1985, No. 61 905 the amount payable by the Corporation under section 13 or 14 in respect of those relevant canned fruits is to be paid in accordance with section 15; and (d) for the purposes of section 5 (3), shall not be taken to be part of the proceeds of the disposal of those canned fruits.". 7. Amendment of s. 18 . Corporation may require information . Section 18 of the Principal Act is amended by- (a) inserting at the foot of subsection (2) the words "Penalty: $1 000."; (b) omitting, at the foot of subsection (4), the words "Penalty: $500." and inserting the words "Penalty: $1 000 or imprisonment for 6 months, or both.". 8. Increase in penalties . The Principal Act is amended by, in each provision referred to in the first column of the following Table, omitting the expression specified in the second column of the Table opposite the reference to that provision and substituting the expression specified in the third column of the Table opposite the reference to that provision:- TABLE 9 (3) 9 (5) Penalty: $1 000 in the case of an individual; $2 000 in the case of a body corporate. i Penalty: $500. Penalty: $2 000 in the case of an individual; $10 000 in the case of a body corporate. Penalty: $1 000. 10 (2) I 1 (1) Penalty: $1 000 in the case of an individual; $2 000 in the case ofd a body corporate. Penalty: $2 000 in the case of an individual; $10 000 in the case of a body corporate. Penalty: $1 000 in the case of an individual; $2 000 in the case of a body corporate. Penalty: $2 000 in the case of an individual; $10 000 in the case of a body corporate. 22 Penalty: $200. Penalty: $500. 23 (6) Penalty: $500. Penalty: $1 000 or imprisonment for 6 months or both. 24 $200. $500.