Fishing Industry Organization and Marketing Act Amendment Act 1987 (Qld)

546 (Jueenmlttnh ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 47 1987 An Act to provide with respect to the sale or other disposal of the undertaking of Queensland Fish Board under the Fishing IndustryOrganizationand Marketing Act1982-1985, to amend that Act in certain particulars, and for related purposes [ASSENTED TO 27TH AUGUST, 1987]

Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 547 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 Fishing Industry Organization and Marketing Act Amendment Act 1987. 2. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-2); PART II-SALE OF BOARD'S UNDERTAKING (ss. 3-8); PART 111-AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT (SS. 9-38). PART 11-SALE OF BOARD'S UNDERTAKING 3. Construction . This Part shall be read as one with the FishingIndustry Organization and Marketing Act 1982-1987 to the intent that any expression to which a meaning is assigned by that Act shall have, when used in this Part, the same meaning. 4. Discontinuance of Board ' s undertaking . (1) The Board is and has always been authorized and competent at law to discontinue the whole or any part of its undertaking conducted by it under the FishingIndustry Organization and Marketing Act 1982-1985 and for that purpose- (a) to sell, by auction or private treaty, as it thinks fit, any real property owned by the Board; (b) to sell, by auction or private treaty, as it thinks fit, personal property, corporeal and incorporeal, owned by the Board, including its interest in land, stock, plant, fittings, equipment, vessels and vehicles; (c) to dispose of its assets or property held by it in such manner as may be required of it by Order in Council made pursuant to this Part; (d) to make and perform all such contracts and to make and perfect all such assignments, conveyances and transfers as are necessary or desirable to give effect to any such sale or disposal. (2) A licence held by the Board is not property that may be sold, disposed of or assigned by the Board. (3) The Board is not and never has been obliged to accept a particular or any offer to purchase property of the Board made in connexion with a proposed sale referred to in subsection (1). 5. Disposal of Board's records . Upon the sale of the Board's undertaking or any part thereof records of the Board that relate to the undertaking or part shall be disposed of as the Minister directs.

548 Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 6. Prescription by Order in Council . The Governor in Council may, by Order in Council, give such directions as he thinks fit as to- (a) the sale or disposal of the Board' s assets; or (b) how the Board's liabilities (accrued, contingent or prospective) are to be discharged or dealt with. Every such Order in Council shall have effect in law as if its provisions were enacted in this Part. 7. Discretionary payment to employees consequent on sale. The Board is authorized to make payment to persons whose employment by the Board is terminated because of a sale of the Board's undertaking or part thereof in such amounts as the Board considers reasonable. 8. Board ' s licences cancelled upon sale. (1) Upon a sale of the Board's undertaking all licences held by the Board for the purposes of the undertaking are cancelled. (2) Upon a sale of part of the Board's undertaking all licences held by the Board shall be of no force or effect to the extent that they are relevant to that part. PART III-AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 9. Citation . (1) In this Part the Fishing Industry Organization andMarketing Act 1982-1985 is referred to as the Principal Act. (2) The Principal Act as amended by any provision of this Part may be cited as the Fishing Industry Organization and Marketing Act1982-1987. 10. Commencement . The following provisions of this Part specified in the Proclamation shall take effect on a date or the several dates appointed by Proclamation for the commencement of the provisions specified therein. 11. Amendment of s. 4. Arrangement of Act. Section 4 of the Principal Act is amended by omitting from the reference to Part V therein the words "AND BOARD". 12. Amendment of s. 8 . Administration of Act. Section 8 of the Principal Act is amended in subsection (1) by omitting the words "and the Board". 13. Amendment of s. 10. Members of Authority. Section 10 of the Principal Act is amended in subsection (1) by- (a) omitting the expression "7" and substituting the expression "6"; (b) omitting paragraph (c).

Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 549 14. Repeal of s. 33. Authority shall issue licences to Board. The Principal Act is amended by repealing section 33. 15. Amendment of s. 34. Cancellation , revocation or suspension of licence . Section 34 of the Principal Act is amended- (a) in subsection (1), by omitting the words "other than a licence issued under section 33 (1)"; (b) in subsection (5), by omitting from the passage following provision (h) the words "obtained from a Board auction or the Board or that they were". 16. Amendment of. s. 35 . Power to permit the sale of fish surplus to personal requirements . Section 35 of the Principal Act is amended by omitting subsection (5). 17. Amendment of s. 38. Disposal of seized fish and containers. Section 38 of the Principal Act is amended in subsection (1) by omitting from subparagraph (i) of paragraph (b) all words from the word "at" to and including the words "particular case)" and substituting the words "by such means as the Authority may direct in any particular case". 18. Repeal of s. 62. Constitution of Queensland Fish Board. The Principal Act is amended by repealing section 62. 19. Repeal of and new s . 63. Composition . The Principal Act is amended by repealing section 63 and substituting the following section:- "63. Composition of Board . Upon the commencement of section 19 of the Fishing Industry Organization and MarketingAct Amendment Act 1987 each person who then holds an appointment as a member of the Board shall go out of office as such a member. Thereafter, until the Board is dissolved, the Board shall consist of such person or persons as is or are appointed as a member or members for the time being by the Governor in Council, by notification published in the Gazette.". 20. Repeal of ss. 64 to 76 and new ss . 64, 65, 66. The Principal Act is amended by repealing sections 64 to 76 inclusive and substituting the following sections:- "64. Tenure of office. A member of the Board shall hold his office as such at the pleasure of the Governor in Council who may at any time remove him from such office by notification published in the Gazette. 65. Chairman . (1) If the Board consists of more than one person, the member nominated by the Governor in Council by notification published in the Gazette as chairman of the Board shall be the chairman.

550 Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 (2) If there is a chairman, he shall preside at every meeting of the Board. 66. Common seal; authentication of documents . (1) The common seal of the Board shall be kept in the custody of the Board's member or, if there be more than one member, in the custody of the chairman. The common seal shall be affixed to a document only pursuant to the Board's resolution and by the person having custody of the seal in accordance with this section. (2) A document made or issued by the Board for the purposes of this Act shall be sufficiently authenticated if it is made or signed by the member of the Board or, if there be more than one member, by the chairman.". 21. Repeal of s. 77. Appointment of officers and other employees. The Principal Act is amended by repealing section 77. 22. Amendment of s. 78. Superannuation scheme or arrangement etc. Section 78 of the Principal Act is amended by adding at the end of the section the following subsection:- "(4) The Board may at any time wind-up or join in winding- up any scheme or arrangement referred to in subsection (1) that was established by it or cease to participate in any scheme or arrangement referred to in subsection (1) in which it has been participating.". 23. Repeal of ss. 79 to 81 . The Principal Act is amended by repealing sections 79 to 81 inclusive. 24. Repeal of s. 82. Power to clear wharves . The Principal Act is amended by repealing section 82. 25. Repeal of s. 83. Power to carry on business . The Principal Act is amended by repealing section 83. 26. Repeal of s. 84. Notification of markets and depots . The Principal Act is amended by repealing section 84. 27. Repeal of s. 85. Power to levy charges and to seize and sell property . The Principal Act is amended by repealing section 85. 28. Repeal of s. 86. Conduct of markets . The Principal Act is amended by repealing section 86.

Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 551 29. Amendment of s. 87. W inding up of Board . Section 87 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The Board may be wound up- (a) upon the resolution of the Board; (b) upon the direction of the Governor in Council; or (c) under an order of the Supreme Court on the petition of- (i) a creditor, including a contingent or prospective creditor, of the Board; or (ii) the Treasurer, if it is unable to pay its debts or the Court is of the opinion that it is just. and equitable that the Board be wound up."; (b) in subsection (3), omitting the words "this section" and substituting the words "a winding-up under its order"; (c) in subsection (4), (i) omitting the words "provisions of the Companies Act 1961-1981 relating to the winding-up of companies under such Act" and substituting the words "law for the time being governing the winding-up of companies under the Companies (Queensland) Code"; (ii) adding at the end of the subsection, after the word "Board", the words "under an order of the Court"; (d) adding at the end of the section the following subsections:- "(5) Costs incurred in connexion with the winding-up of the Board are a charge upon the proceeds of sale of the assets of the Board and other money of the Board. (6) Upon the completion of the winding-up of the Board the Governor in Council shall, by Order in Council, declare the Board to be dissolved whereupon- (a) any person who then holds an appointment as a member of the Board shall cease to be such a member; and (b) the Board shall cease to exist.". 30. Amendment of s. 88. Assets remaining on completion of winding- up of Board . Section 88 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) Upon completion of the winding-up of the Board- any assets of the Board remaining;

552 Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 and any property that could properly have been realised or got in for the purpose of the winding-up but has not been so realised or got in, shall, after payment to Queensland Treasury of all amounts outstanding in respect of moneys provided by Queensland Treasury for the use of the Board together with interest thereon at a rate or rates determined by the Treasurer of Queensland, vest in the Authority, which is hereby authorized- (a) to do in its own name all such things (including the bringing of proceedings necessary to realise or get in such property) as the Board could have done but for its winding-up; and (b) to receive and deal with such assets and property as it sees fit.". 31. Amendment of Part V heading . The Principal Act is amended by omitting from the heading to Part V preceding section 89 the words "AND BOARD". 32. Amendment of s. 89 . Interpretation . Section 89 of the Principal Act is amended by- (a) omitting the definition "Authority"; (b) in the definition "secretary", omitting the words "or, as the case may be, Board". 33. Repeal of s. 106. Board to submit budget . The Principal Act is amended by repealing section 106. 34. Repeal of s. 111. Disposal of profits . The Principal Act is amended by repealing section 111. 35. Amendment of ss. 117A, 117B. The sections of the Principal Act specified in the first column of the following Table are amended to the extent indicated in the second column of the Table:- TABLE Section amended Extent of amendment s.117A (Annual Statements of Omit from subsection (1) Account) provision (b); s.117B (Audits) Omit from subsection (1) provision (b). 36. Repeal of s. 120 . Exemption of auctioneer . The Principal Act is amended by repealing section 120.

Fishing Industry Organization and Marketing Act Amendment Act 1987, No. 47 553 37. Amendment of s. 121 . Proceedings for offences . Section 121 of the Principal Act is amended in subsection (2) by omitting the words "or Board, as the case may be," where they twice occur. 38. Amendment of ss. 128 , 129. The sections of the Principal Act specified in the first column of the following Table are, amended to the extent indicated in the second column of the Table:- TABLE Section amended Extent of amendment s.128 (Evidentiary provisions) Omit the words "or Board" wherever they occur; s.129 (Reports to Minister) Omit the words "or Board" wherever they occur.