Fruit Marketing Organisation Acts Amendment Act of 1964 (Qld)

168 Du ctitslIItl ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1964 An Act to Amend "The Fruit Marketing Organisation Acts, 1923 to 1956 ," in certain particulars [ASSENTED TO 6TH APRIL, 1964) 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. (1) Short title . This Act may be cited as " The Fruit Marketing Organisation Acts Amendment Act of 1964." (2) Principal Act. " The Fruit Marketing Organisation Acts, 1923 to 1956," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Fruit Marketing Organisation Acts, 1923 to 1964." (4) Commencement of Act. Except as herein otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Fruit Marketing Organisation Acts Amendment Act of 1964, No. 16 169 2. Amendment of s. 2 . Section two of the Principal Act is amended by: (a) inserting before the definition " Citrus fruit " the following definitions, namely:- " " Cannery Agreement "-A certain Deed of Agreement made the second day of June one thousand nine hundred and forty-eight between The Committee of Direction of Fruit Marketing of the first part The Pineapple Sectional Group Committee of the second part and James Smith Fullerton as Trustee for the Registered Holders of Certificates of Subscription of the third part in relation to the establishment and operation by the Committee of Direction of a cannery and processing works at Northgate Brisbane in the State of Queensland together with variations thereof or amendments thereto made pursuant to the powers conferred by such Deed of Agreement; " Cannery Board "-The Cannery Board the corporate body constituted under this Act "; and (b) inserting in paragraph (c) of the definition " Marketing " after the words " the Committee of Direction " the following words " and/or The Cannery Board " ". 3. Amendment of s. 4 . Section four of the Principal Act is amended by omitting subsection (2) thereof and inserting in its stead the following subsection:- (2) The organisation shall consist of- (a) Local Associations; and (b) Sectional group committees; and (c) The Cannery Board; and (d) The Committee of Direction constituted in the manner and having the functions, powers, authorities, duties and responsibilities hereinafter set forth or as may be prescribed. In order to prevent disputes from arising between the component parts of the organisation hereinbefore in this section specified any question right claim matter or thing relating to the said functions powers authorities duties or responsibilities if and when it may arise may be referred in writing to the Minister and the Minister may give such directions as he shall think fit which directions shall be observed and obeyed by the parties concerned." 4. Insertion of new s. 9A. The Principal Act is amended by inserting after section nine the following section:- " [9A.] Constitution of Cannery Board . (1) There shall be constituted in the manner and in accordance with the provisions of Clause 17 of the Cannery Agreement a Cannery Board. (2) The Cannery Board shall be a body corporate by the name cf " The Cannery Board " and shall have perpetual succession and an official seal which shall be judicially noticed, and The Cannery Board shall be capable in law of suing and being sued. (3) From and after the commencement of " The Fruit Marketing Organisation Acts Amendment Act of 1964," The Cannery Board shall be deemed to be duly constituted. (4) The Cannery Board shall not be deemed to represent the Crown for any purpose whatsoever.

170 Fruit Marketing Organisation Acts Amendment Act of 1964, No. 16 (5) Subject to this Act and to the provisions of the Cannery Agreement The Cannery Board shall have power in respect of the matters and things following namely:--- (i) To purchase, sell, exchange. lease, and hold land, machinery, plant, goods, chattels, securities and any other property whatsoever in the State of Queensland or elsewhere; (ii) To contract for the use of, erect or otherwise provide any buildings, structures, machinery, plant, goods, chattels or other property whatsoever and to repair, equip, furnish and maintain the same. (iii) To appoint, engage, employ, and pay such officers, servants, employees, agents and other persons as are deemed necessary; (iv) To arrange for financial accommodation with any bank or banks or with the Government of the State or of the Commonwealth of Australia and to borrow or raise money on the security of any land buildings structures goods chattels or other security or otherwise and to create and to issue in favour of any person or corporation mortgages of any kind, charges, guarantees, securities and other obligations; (v) To enter into any agreements and contracts and to give guarantees and indemnities in favour of any person or corporation contracting with The Cannery Board or that may enter into any contract at the request of or under the authority or direction of The Cannery Board; (vi) To enter upon and carry into execution and either alone or in conjunction with any other person or body corporate the processing, manufacture, preparation or treatment of any fruit and/or vegetables and the doing of all such acts matters and things (including the purchase of fruit and vegetables) as may be necessary or expedient for the processing, manufacture, preparation, or treatment of any fruit or vegetables and/or for the sale of any treated fruit or vegetables or any product derived from the processing, manufacture, preparation or treatment of any fruit or vegetables; (vii) To do all such other acts, matters and things as are deemed necessary to enable The Cannery Board to perform its functions and as are approved by the Governor in Council or as may be prescribed." 5. Amendment of s. 11A. Section 11A of the Principal Act is amended by inserting therein after the words "the Committee of Direction ", wheresoever appearing , the words " or of The Cannery Board ". 6. Insertion of new ss. 18 , 19 and 20 . The Principal Act is amended by inserting after section seventeen the following sections:- " [18.] Application of 14 Geo. V, No. 8. The Committee of Direction and The Cannery Board shall each of them be and be deemed to be a " local body " under and within the meaning of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," the provisions of which shall, subject to such modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in respect of any particular loan, apply and extend accordingly. [19.] Transfer of cannery at Northgate . The parties to the Cannery Agreement having agreed that the ownership control and operation of the cannery at Northgate Brisbane in the State of Queensland shall be

Fruit Marketing Organisation Acts Amendment Act of 1964, No. 16 171 transferred from The Committee of Direction of Fruit Marketing to The Cannery Board and the Cannery Agreement having been amended to give effect thereto, on and from the date of the commencement of " The Fruit Marketing Organisation Acts Amendment Act of 1964 " by virtue of that Act and without any transfer conveyance or assignment:- (1) The going concern and all other the real and personal property comprising the said cannery at Northgate (including all buildings, structures, plant, machinery, equipment, fixtures, utensils, implements, tools, chattels and effects, all moneys and investments of money in relation to the said cannery held by or standing to the credit of the Committee of Direction and whether in any bank or otherwise, the goodwill of the business of the cannery, trade marks, trade names, patents, licenses under patents, leases, tenancies, insurance rights, present stock in trade, raw fruit and vegetables) shall be divested from The Committee of Direction of Fruit Marketing and shall be vested in The Cannery Board. (2) The estate in fee-simple in all lands described in the Schedule to this Act (together with the benefit of any easement or easements in relation thereto) shall be divested from The Committee of Direction of Fruit Marketing and shall vest in The Cannery Board. With respect to any registration of such divesting and vesting as directed by this subsection the Registrar of Titles shall upon production to him of the relative instrument evidencing title to the land register such divesting and vesting and make all such endorsements as shall be necessary to give effect thereto. No fee shall he payable for or in respect of any such registration or the making of any such endorsement. (3) All actions and proceedings and things lawfully had and done by the Committee of Direction or by any person acting under the authority of the Committee of Direction in respect of the cannery shall be and continue to be in full force and effect to all intents and purposes as if the same had been had and done by The Cannery Board or by a person acting under the authority of The Cannery Board and if the same are not completed may to the extent to which they may be had and done by the Committee of Direction or by a person acting under the authority of the Committee of Direction be continued and completed by The Cannery Board or by a person acting under the authority of The Cannery Board, as the case may be, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. (4) All penalties, fees, fines and forfeitures in relation to the cannery which at the commencement of this Act may be enforceable and recoverable by the Committee of Direction or by any person shall and may be enforced and recovered by The Cannery Board or by the person having the like authority, as the case may be. (5) All officers, servants, employees, agents and other persons employed by the Committee of Direction in relation to the cannery at the commencement of " The Fruit Marketing Organisation Acts Amendment Act of 1964 " shall be deemed to have been duly appointed and engaged by The Cannery Board and the previous service with the Committee of Direction and the service during such appointment and engagement by The

172 Fruit Marketing Organisation Acts Amendment Act of 1964, No. 16 Cannery Board shall be continuous service for all purposes relating to annual recreation leave, sick leave, long service leave, retiring allowance (if any) and other like rights and privileges, including seniority where applicable, provided that all leave granted by the Committee of Direction to any such person so appointed or engaged shall be set off against leave of a like nature which would accrue in pursuance of the provisions of this subsection. (6) All instruments, documents, records, plans, correspondence and all books and writings the property of the Committee of Direction or in the custody of any person on behalf of the Committee of Direction shall be and are by virtue of this Act in so far as they relate to the cannery handed over to The Cannery Board and shall and hereby become the property of The Cannery Board. (7) All liabilities of the Committee of Direction in respect of the cannery (including such liabilities as are guaranteed by the Treasurer of Queensland under " The Local Bodies' Loans Guarantee Acts, 1923 to 1957 ") at the commencement of " The Fruit Marketing Organisation Acts Amendment Act of 1964 " shall be and the same are hereby transferred to The Cannery Board. Every such guarantee shall on and from the commencement of that Act continue to have operation and effect as if it had been entered into by the Treasurer under " The Local Bodies' Loans Guarantee Acts, 1923 to 1957 " in relation to The Cannery Board. (8) Any reference in any mortgage, bill of sale, lien, security, bond, debenture, agreement, contract, deed, guarantee, or document, instrument, or writing whatsoever to the Committee of Direction shall so far as it relates to the cannery (including the lands described in the Schedule to this Act) be read and construed as a reference to The Cannery Board and as if the name of The Cannery Board appeared therein instead of the name of the Committee of Direction. (9) No mortgage, bill of sale, lien, security, bond, debenture, agreement, contract, deed, guarantee, document, instrument, certificate of subscription or writing whatsoever entered into made or given for the purposes of giving effect to such divesting and vesting as aforesaid shall be liable to stamp duty any enactment to the contrary notwithstanding. [20.] Powers of The Cannery Board as respects the cannery at Northgate . Notwithstanding anything in any other Act contained the ownership control and operation subject to this Act and to the provisions of the Cannery Agreement of the cannery at Northgate Brisbane in the © State of Queensland by The Cannery Board shall not constitute The Cannery Board a company, association or partnership and The Cannery Board, subject to this Act and the provisions of the Cannery Agreement, has and shall have the power and authority acting as principal to engage in processing, manufacture, preparation or treatment of any fruit or vegetables and/or the sale of any treated fruit or vegetables or any product derived from the processing, manufacture, preparation or treatment of any fruit or vegetables in conjunction with all those growers who pursuant to the Cannery Agreement shall have subscribed or shall subscribe to the capital required for the establishment, operation or otherwise for the purposes of the said cannery."

Fruit Marketing Organisation Acts Amendment Act of 1964, No. 16 173 7. Insertion of Schedule . The Principal Act is amended by adding thereto the following Schedule:- "SCHEDULE C/T or D/G Volume Folio County Number Parish City Parcels Area 1. 582091 2861 A. R. P. 81 Stanley Toombul Brisbane Portions 325 and 326 26 3 8 2. 736060 3500 50 Stanley Toombul Brisbane Resubdivisions 1 and 35 2 17.89 3 of subdivision C of portion 165; re- subdivisions 1, 2 and 4 of subdivision A of portion 175; resubdivisions 1 and 2 of subdivi- sion C of portion 176; subdivisions 1 to 20 , 23 to 64 and 75 to 120 of portion 187; resubdivisions 1 to 18, 24 to 33 and subdivisions 3 and 4 of resubdivi- sions 19 to 23, 34 to 37 and 58 to 61 of subdivision C of portion 186; and subdivision 2 of portion 610 3. 688762 3301 2 Stanley Toombul Brisbane Subdivisions 65 to 74 1 0 12 of portion 187 Together with the benefit of Easement Number B746727; and subject to all mortgages encumbrances liens and interests registered thereover."