Cotton Industry Deregulation Act 1989 (Qld)

1213 COTTON INDUSTRY DEREGULATION ACT ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation 4. Area of application of Act 5. Exclusive power of Corporation 6. Illegal cotton gin 7. Display of charges and terms 8. Compulsory Contract 9. Receipt of seed cotton for ginning 10. Operation of Act 11. Commission of offence by Corporate Body 12. Penalty provision 13. Offences 14. Corporation not to be a statutory body 15. Regulations uuruslaub ' fUN Vim= ANNO TRICESIMO OCTAVO ELI A ET AE SEC AE REGINAE No. An Act to facilitate the establishment of a deregulated cotton industry and for related purposes [ASSENTED TO 10TH OCTOBER, 1989]

1214 Cotton Industry Deregulation Act 1989, No. 94 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 . This Act may be cited as the Cotton Industry Deregulation Act 1989. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1) the remaining provisions of this Act, or so many as may be specified, commence on a day or days appointed by Proclamation. 3. Interpretation . In this Act, unless the contrary intention appears:- "Corporation" means Queensland Cotton Corporation Limited, an incorporated company having its registered office at Woonah Avenue, Eagle Farm, Brisbane 4007; "cotton gin" means a mechanism for separating raw cotton from seed cotton; "cotton seed" means the seed produced by separating raw cotton from seed cotton; "ginning" means the process of operating a cotton gin; "grower" means a person who grows seed cotton for ginning; "Minister" means the Minister for the time being responsible for the administration of this Act and any Minister temporarily so acting; "raw cotton" means the cotton produced by separating cotton seed from seed cotto ; "seed cotton" means the product of the cotton plant picked or harvested in its natural state. 4. Area ao "_fftion of Act. This Act applies only to that part of Queensland sout-, of the 22nd parallel of latitude. 5. Exclusive power of Corporation. (1) Subject to this Act the Corporation, within the area of application of this Act, has the exclusive right to- (a) establish, own or operate a cotton gin; (b) grant to a person, in this Act referred to as an Authorized Person, the right to establish, own or operate a cotton gin. (2) The grant of a right to an Authorized Person in accordance with subsection 1 (b) may be subject to such terms as the Corporation specifies in writing at the time of granting that right.

Cotton Industry Deregulation Act 1989, No. 94 1215 (3) Notwithstanding subsection (1), ° it is declared that nothing in this Act affects- (a) the right of the Namoi Cotton Co-operative Limited, a co- operative association under the New South Wales Co- operation Act 1923, and any successor to such association to own and operate the cotton gin situated at Lot 3 on Registered Plan No. 190459 County of Marsh, Parish of Goondiwindi; (b) the right of Dunavant Ginning (Queeensland) Pty. Ltd., an incorporated company having its registered office at 145 Flockton Street, McDowall, Brisbane 4063 and any successor to such incorporated company to establish, own and operate a cotton gin situated at Lot 1 on Registered Plan 620393 County of Denison, Parish of Sandhurst; (c) the establishment, owning or operation of a cotton gin by an Authorized Person; (d) the right of a person to supply, sell, store, handle, receive or market seed cotton, raw cotton or cotton seed. 6. Illegal cotton gin. Any person who, except in accordance with this Act, establishes, owns or operates a cotton gin within the area of application of this Act commits an offence. Penalty: 5 000 penalty units, plus 50 penalty units for each day the offence continues. 7. Display of charges and terms. (1) The Corporation and each Authorized Person must, prior to commencing ginning in each year, publish, and makeavailable for inspection by all growers, a list of all charges which the Corporation or Authorized Person will impose for all aspects of the process of ginning, together with details of the terms, including mode and condition of delivery, for the receipt by the Corporation or Authorized Person of seed cotton for ginning. (2) The Corporation and each Authorized Person may at any time vary the list of such charges and terms but such variation does not come into effect until published and made available for inspection by all growers in accordance with subsection (1). 8. Compulsory Contract. Where a grower indicates a willingness to supply seed cotton for ginning to the Corporation or Authorized Person in accordance with the charges and terms as displayed or varied in accordance with section 7, the Corporation or Authorized Person must enter into a contract with that grower in accordance with the relevant charges and terms for the ginning of the quantity of seed cotton specified in the contract. 9. Receipt of seed cotton for ginning. The Corporation or Authorized Person must, at all times that a cotton gin established, owned or operated by the Corporation or Authorized Personas open for ginning, receive from.a grower of seed cotton who has entered into a contract with the

1216 Cotton Industry Deregulation Act 1989, No. 94 Corporation or Authorized Person, all seed cotton delivered in accordance with the contract to the Corporation or Authorized Person except (a) any seed cotton which the Corporation or Authorized Person believes on reasonable grounds to be stolen or otherwise unlawfully obtained; (b) any seed cotton delivered in a mode or condition other than that outlined in terms displayed by the Corporation or Authorized Person under section 7. 10. Operation of Act. (1) This Act expires on 31 December 1992 provided that the Minister may at any time prior to that date recommend the suspension of this Act to the Governor in Council. (2) Before recommending in accordance with subsection (1) the Minister must- (a) be of the opinion that the facilities established, owned or operated by the Corporation or an Authorized Person under this Act are inadequate; (b) be of the opinion that it is in the interest of growers that persons other than the Corporation or an Authorized Person own, establish or operate a cotton gin within the area of application of this Act; (c) have given at least 42 days notice in writing of his intention to make a recommendation to suspend the operation of this Act to the Corporation and any Authorized Person; and (d) have considered and included in his recommendation to the Governor in Council any representations from the Corporation and any Authorized Person following the receipt of such notice. (3) The Governor in Council, upon receipt of the Minister's recommendation accompanied by the Minister's views on any representations received, may suspend wholly or on such terms as the Governor in Council determines, the operation of this Act as from any date specified by the Governor in Council. (4) Any suspension in accordance with subsection (3) comes into effect only upon its publication in the Gazette. 11. Commission of off ence by Corporate Body . (1) Where a corporate body commits an offence against this Act then, without derogating from section 7 of The Criminal Code and notwithstanding the commission of an offence by the corporate body, each of the following persons is deemed to have committed the offence and, notwithstanding section 23 of The Criminal Code or any other rule of law or practice, to be responsible for the act or omission concerned and may also be charged with the offence and punished accordingly- (a) the person who at the time of commission of the offence was the chairman of directors, managing director or other

Cotton Industry Deregulation Act 1989, No. 94 1217 governing officer by whatever name called or other member of the governing body of the corporate body by whatever name called; (b) every person who, at the time of commission of the offence, manages or acts or takes part in the management, administration or government of the business of the corporate body in Queensland. (2) This section applies so as not to limit or affect in any way the liability of a corporate body to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. 12. Penalty provision . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) Except where a penalty is otherwise provided, a person who commits an offence against this Act is liable to a penalty of 50 penalty units. 13. Offences . (1) Proceedings for an offence against this Act may be taken in a summary way under the Justices Act 1886-1988 upon the complaint of any person authorized in writing by the Minister. (2) An averment in a complaint that the complainant is duly authorized to lay the complaint is sufficient proof of such authorization in the absence of evidence to the contrary. (3) Proceedings for an offence against this Act may be commenced within one year after the offence is committed or within 6 months after the offence comes to the knowledge of the complainant, whichever period is the later to expire. 14. Corporation not to be a statutory body. The Corporation, or any Authorized Person, is not a statutory body under and for the purposes of any law of the State of Queensland. 15. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act with respect to- (a) all matters required or permitted by this Act to be prescribed by regulation or to be prescribed and in respect of which no other means of prescription is specified; (b) all matters necessary or expedient to be prescribed for the proper administration of this Act or to achieve the objects and purposes of this Act.

1218 Cotton Industry Deregulation Act 1989, No. 94 (2) Without limiting the generality of subsection (1) the Governor in Council may make regulations- (a) for the proper administration by the Corporation or Authorized Person of its powers, functions , duties and authorities in accordance with this Act; (b) for the proper keeping by the Corporation or Authorized Person of all records , including financial records, of its operation in accordance with this Act.