City of Brisbane Market Act and Other Acts Amendment Act 1985 (Qld)

1333 (I u ee nsI nth ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 84 of 1985 An Act to amend the Cityof BrisbaneMarket Act 1960- 1982 the Fishing Industry Organization and Market- ing Act 1982-1984 the FruitMarketing OrganisationAct 1923-1984 the Milk Supply Act 1977-1983 the Primary Producers ' Organisation and Marketing Act 1926- 1985 the Queensland Grain HandlingAct 1983 and the Sugar Acquisition Act 1915-1984 each in certain particulars [ ASSENTED TO 9TH DECEMBER, 1985]

1334 City of Brisbane M arket Act and Other Acts Amendment Act 1985 , No. 84 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the City of Brisbane Market Act and Other Acts Amendment Act 1985. 2. Commencement. (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), the provisions of this Act shall commence on a date to be appointed by Proclamation. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY ( ss. 1-3); PART II-AMENDMENT OF CITY OF BRISBANE MARKET ACT 1960-1982 (ss. 4-6); PART III-AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982-1984 (ss. 7-10); PART IV-AMENDMENT OF FRUIT MARKETING ORGANISATION ACT 1923- 1984 (ss. 11-13); PART V-AMENDMENT OF MILK SUPPLY ACT 1977-1983 (ss. 14-15); PART VI-AMENDMENT OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1985 (ss. 16-17); PART VII-AMENDMENT OF QUEENSLAND GRAIN HANDLING ACT 1983 ( ss. 18-19); PART VIII-AMENDMENT OF SUGAR ACQUISITION ACT 1915-1984 ( ss. 20-21). PART II-AMENDMENT OF CITY OF BRISBANE MARKET ACT 1960-1982 4. Citation . (1) In this Part the City of Brisbane Market Act 1960- 1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City of Brisbane Market Act 1960-1985. 5. Amendment of s. 12. Section 12 of the Principal Act is amended by repealing subsection (3). 6. New s. 12A. The Principal Act is amended by inserting after section 12 the following section:- -12A. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other

City of Brisbane ; Market Act and Other Acts Amendment Act 1985, No. 84 1335 Acts Amendment Act 1985, it shall not be competent to the Trust- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Trust; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Trust; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Trust's commencing to participate therein, unless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Governor in Council may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Trust on or after the date of commencement of the City of Brisbane MarketAct and OtherActsAmendment.4ct 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Trust in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Trust has established before or in which the Trust was participating immediately before the commencement of the City of Brisbane Market .4ct and Other Acts Amendment Act 1985.;'. PART III-AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982-1984 7. Citation . (1) In this Part the Fishing Industry Organization and Marketing .4ct 1982-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fishing Industry Organization and .Marketing Act 1982-1985. 8. Repeal of and new s. 24. Superannuation scheme . The Principal Act is amended by repealing section 24 and substituting the following section:- "24. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane .Market Act and Other

133 C'iii of Brisbane Market Act and Other Act.c Aniendi, ;ent Act 1985, A'o. 84 Acts Amendment Act 1985. it shall not be competent to the Authority- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Authority; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Authority; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Authority's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Authority on or after the date of commencement of the City of Brisbane .'Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Authority in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 197.7- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Authority has established before or in which the Authority was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985. ". 9. Repeal of and new s. 78 . Superannuation scheme . The Principal .Act is amended by repealing section 78 and substituting the following section:- "78. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985, it shall not be competent to the Board- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or

City of Brisbane .Market Act and Other Acts Amendment Act 1985, No. 84 1337 arrangement that secures superannuation benefits for employees of the Board; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Board on or after the date of commencement of the City of Brisbane :Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) .A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Board has established before or in which the Board was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985.". 10. Amendment of s. 132. Queensland Commercial Fishermen's Organization . Section 132 of the Principal Act is amended by adding after subsection (5) the following subsections:- "(6) The Queensland Commercial Fishermen's Organization is authorized and is deemed always to have been authorized to establish or participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits, for such employees of the Queensland Commercial Fishermen's Organization as are not required by any other Act to contribute to a scheme or arrangement of that kind under that Act. (7) On or after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985 it shall not be competent to the Queensland Commercial Fishermen's Organization- (a) to establish or to commence to participate in" a scheme or arrangement such as is referred to in and authorized by subsection (6); (b) to amend a scheme or arrangement such as is referred to in and authorized by subsection (6) established

1338 Citr of Brisbane Market Act and Other Acts Amendment Act 1985, N o. 84 by the Queensland Commercial Fishermen's Organization: or (c) to continue to participate in a scheme or arrangement such as is referred to in and authorised by subsection (6) that is amended subsequently to the passing of that Act and subsequently to the Organization's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (8) The Minister may grant the approval referred to in subsection (7) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Queensland Commercial Fishermen's Organization on or after the date of commencement of the Cit_r of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Queensland Commercial Fishermen's Organization in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 197"- 1981. (9) A reference to a scheme or arrangement in subsection (7) (b) or (7) (c) includes a reference to any such scheme or arrangement which the Queensland Commercial Fishermen's Organization has established before or in which the Queensland Commercial Fishermen's Organization was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985. ". PART IV-AMENDMENT OF FRUIT MARKETING ORGANISATION ACT 1923-1984 11. Citation . (1) In this Part the FruitMarketing Organisation Act1923-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the FruitMarketing Organisation Act 1923-1985. 12. Amendment of S. 9 A . Constitution of Cannery Board . Section 9.a of the Principal Act is amended by adding after subsection (5) the following subsections:- "(6) The Cannery Board is authorized and is deemed always to have been authorized to establish or participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits, for such employees of the Cannery Board as are not required by any other Act to contribute to a scheme or arrangement of that kind under that Act.

City of Brisbane Nfarket Act and Other Acts Amendment Act 1985, No. 84 1339 (7) On or after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985 it shall not be competent to the Cannery Board- (a) to establish or to commence to participate in a scheme or arrangement such as is referred to in and authorized by subsection (6); (b) to amend a scheme or arrangement such as is referred to in and authorized by subsection (6) established by the Cannery Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in and authorized by subsection (6) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (8) The Minister may grant the approval referred to in subsection (7) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Cannery Board on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Cannery Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (9) A reference to a scheme or arrangement in subsection (7) (b) of (7) (c) includes a reference to any such scheme or arrangement which the Cannery Board has established before or in which the Cannery Board was participating immediately before the commencement of the City of Brisbane .tfarket .-act and Other Acts Amendment Act 1985. ". 13. New section 14c. The Principal Act is amended by inserting after section 14B the following section:- "14c. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985, it shall not be competent to the Committee of Direction- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or

1340 Citr of Brisbane Market Act and Other Acts Amendment Act 1985 , No. 84 arrangement that secures superannuation benefits for employees of the Committee of Direction; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Committee; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Committee's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or. as the case may be. continued participation. (2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Committee on or after the date of commencement of the Citi' of Brisbane :Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Committee in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (I) (c) includes a reference to any such scheme or arrangement which the Committee has established before or in which the Committee was participating immediately before the commencement of the Citr of Brisbane Market Act and Other Acts Amendment Act 1985. ". PART V-AMENDMENT OF MILK SUPPLY ACT 1977-1983 14. Citation . In this Part the .Milk Supply Act 1977-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the .Milk Supply Act 1977-1985. 15. Repeal of and new s. 23 . Superannuation scheme . The Principal Act is amended by repealing section 23 and substituting the following section:- "23. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other

City ofBrisbane Market Act and Other A cts Amendment Act 1985, No. 84 1341 Acts Amendment Act 1985, it shall not be competent to the Board- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Board; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein, unless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Governor in Council may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Board on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Board has established before or in which the Board was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985. PART VI-AMENDMENT OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1985 16. Citation . (1) In this Part, the Primary Producers' Organisationand Marketing Act 1926-1985, being the Primary Producers' Organisationand Marketing Act 1926-1984 as amended by the Primary Producers'Organisation and Marketing Act and .-mother Act Amendment Act 1985, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Primary Producers' Organisation and Marketing Act 1926-1985. -4 -

1342 City of Brisbane Market Act and Other Acts Amendment Act 1985, No. 84 17. Repeal of and new s , 29B. Superannuation for employees. The Principal Act is amended by repealing section 29B and substituting the following section:- "29B. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985, it shall not be competent to a Board- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Board; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by a Board on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Board has established before or in which the Board was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985. (4) It shall not be competent to a Board, for the purpose of establishing or participating in a scheme or arrangement referred to in this section, to expend moneys derived from levies which are applicable only for the respective purposes for which the levies were imposed. (5) For the purposes of this section the Council and the State Wheat Board shall be each deemed to be respectively a Board.

City of Brisbane Market Act and Other Acts Amendment Act 1985, No. 84 1343 PART VII-AMENDMENT OF QUEENSLAND GRAIN HANDLING ACT 1983 18. Citation . (1) In this Part, the Queensland Grain Handling Act1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland Grain Handling Act 1983-1985. 19. Repeal of and new s. 27 . Superannuation scheme . The Principal Act is amended by repealing section 27 and substituting the following section:- "27. Superannuation scheme or arrangement etc. (1) On and after the passing of the City of Brisbane Market Act and Other Acts Amendment Act 1985, it shall not be competent to the Authority- (a) to establish or to commence to participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits for employees of the Authority; (b) to amend a scheme or arrangement such as is referred to in subparagraph (a) established by the Authority; or (c) to continue to participate in a scheme or arrangement such as is referred to in subparagraph (a) that is amended subsequently to the passing of that Act and subsequently to the Authority's commencing to participate therein, unless the approval of the Minister has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (2) The Minister may grant the approval referred to in subsection (1) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Authority on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Authority in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (3) A reference to a scheme or arrangement in subsection (1) (b) or (1) (c) includes a reference to any such scheme or arrangement which the Authority has established before or in which the Authority was participating immediately before the commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985.

1 144 City o1'Brisbane .%farket Act and Other Acts Amendment Act 1985, No. 84 (4) Nothing contained in this section shall require the Authority to obtain the approval of the Minister to maintain any scheme established by the State Wheat Board where the assets relating to that scheme have been transferred pursuant to section 46.". PART VIII-AMENDMENT OF SUGAR ACQUISITION ACT 1915-1984 20. Citation. (1) In this Part the Sugar Acquisition Act 1915-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Sugar Acquisition Act 1915-1985. 21. New s. 4.a.a. The Principal Act is amended by inserting after section 4.A, the following section:- 6°4 A A. Superannuation scheme or arrangement . (1) The Sugar Board referred to in section 4.A is authorized and is deemed always to have been authorized to establish or participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits, for such employees of the Sugar Board as are not required by any other Act to contribute to a scheme or arrangement of that kind under that Act. (2) On or after the passing of the City of Brisbane MarketAct and Other ActsAmendment Act 1985 it shall not be competent to the Sugar Board- (a) to establish or to commence to participate in a scheme or arrangement such as is referred to in and authorized by subsection (1); (b) to amend a scheme or arrangement such as is referred to in and authorized by subsection (1) established by the Sugar Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in and authorized by subsection (1) that is amended subsequently to the passing of that Act and subsequently to the Board's commencing to participate therein. unless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (3) The Governor in Council may grant the approval referred to in subsection (2) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Sug a r Board on or after the date of commencement of the City of Brisbane Market Act and Other Acts Amendment Act 1985 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of

City of Brisbane Market Act and Other Acts Amendment Act 1985, No. 84 1345 the financial transactions of the Sugar Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the Financial Administration and Audit Act 1977- 1981. (4) A reference to a scheme or arrangement in subsection (2) (b) or (2) (c) includes a reference to any such scheme or arrangement which the Sugar Board has established before or in which the Sugar Board was participating immediately before the commencement of the Cite of Brisbane Market Act and Other Acts Amendment Act 1985. ".