Hen Quotas Act Amendment Act 1985 (Qld)

6 (Quecnslan? ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 2 of 1985 An Act to amend the Hen Quotas Act 1973-1981 in certain particulars and for other purposes [ASSENTED TO 18TH MARCH. 1985]

Hen Quotas Act Amendment Act 1985, No. 2 7 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 and citation . (1) This Act may be cited as the Hen Quotas Act Amendment Act 1985. (2) In this Act, the Hen Quotas Act1973-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Hen Quotas Act1973-1985. 2. Commencement . (1) Section (1) and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY (S. 1-3); PART 11-VALIDATION OF APPOINTMENTS (s. 4); PART III-AMENDMENTS OF HEN QUOTAS ACT 1973-1981 (s. 5-22). PART 11-VALIDATION OF APPOINTMENTS 4. Validation . It is declared that the Hen Quota Committee established under the Principal Act was duly constituted on and from 1 July 1981 to and including 30 June 1984 by the following four persons:- Ronald Edwin Slaughter Douglas Ricardo Feez Frederick James Bond Charles Herman Hecht, and the person who from time to time between those two dates has held the appointment " director of marketing " and each of such persons shall be taken to have been duly appointed to the Committee. PART 111-AMENDMENTS TO HEN QUOTAS ACT 1973-1981 5. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) after the definition " appropriate Board " inserting the following definition:- " boookkss " includes any record of information, any accounts or accounting records, however compiled, recorded or stored, and any papers, documents or writings;"; (b) in the definition " egg producer's adjusted hen quota " omitting the word " allocated " and inserting the word " determined ".

8 Hen Quotas Act Amendment Act 1985, No. 2 6. Amendment of s. 7. Appointment of Committee . Section 7 of the Principal Act is amended by in subsection (2) omitting all words from and including the words " The Committee " to and including the words " as may be prescribed:", and substituting the following words:- The Committee shall consist of five members, namely- (a) the director of marketing who shall be a member ex officio; (b) four persons, appointed by the Minister by notification published in the Gazette, representing producers of eggs selected from a panel or from panels of names submitted by such industry organizations as may be prescribed and submitted on such basis or bases as may be prescribed:" 7. Amendment of s. 12 . Deputy for member . Section 12 of the Principal Act is amended by omitting the words " Director of Marketing " and substituting the words " director of marketing ". 8. Amendment of s. 16. Voting. Section 16 of the Principal Act is amended in subsection (3) by omitting the, words " Director of Marketing " and substituting the words " director of marketing ". 9. Amendment of s. 25 . Powers of Committee . Section 25 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (b)- (A) omitting the words " or copy of any record, document or writing " and substituting the words " or books or copies thereof "; (B) omitting the words " or copy of such record, document or writing " and substituting the words " or books or copies thereof "; (C) inserting after the word " is " wherever it appears, the words " or are "; (ii) after paragraph (d), inserting the following words:- 66 (e) require any person to make available for inspection by the Committee at such times and places as the Committee may determine any books or copies thereof which in the opinion of the Committee are relevant to any matter under this Act; (f) require any person to furnish to the Committee at such times and places as the Committee may determine any information either in writing or orally which in the opinion of the Committee is relevant to any matter under this Act "; (b) in subsection (2)- (i) in provision (a) (ii), omitting the words " , papers, documents or writings "; (ii) in paragraph (b), omitting the words " , papers, documents or writings "; (c) in subsection (4) (b) (ii), omitting the words " , papers, documents or writings ".

Hen Quotas Act Amendment Act 1985, No. 2 9 10. Amendment of s. 40 . Allocation of egg producer ' s basic hen quota. Section 40 of the Principal Act is amended by- (a) in subsection (2), omitting from paragraph (b) the word " grant " and substituting the word " allocate "; (b) after subsection (2), inserting the following subsection:- " (2A) The Committee may allocate an egg producer's basic hen quota pursuant to this section subject to such prescribed terms and conditions as it determines shall apply to the allocation."; (c) in subsection (3), omitting the word " granted " and substituting the word " allocated ". 11. Amendment of s. 42 . Egg producer ' s basic hen quota to attach to land and holder . Section 42 of the Principal Act is amended by inserting at the commencement thereof the following paragraph:- " Where the Committee allocates to a person an egg producer's basic hen quota under any provision of this Act, it shall specify the land in respect of which the allocation is made.". 12. Amendment of s. 44. Transfer of egg producer ' s basic hen quota. Section 44 of the Principal Act is amended by- (a) omitting subsection (1) and inserting the following subsection:- " (1) An egg producer's basic hen quota, or part thereof, shall not be transferred from the holder thereof to another person unless the holder thereof has obtained the prior approval in writing of the Committee (which is hereby authorized to so approve) to such transfer and unless such other person is- (a) qualified to be a holder of that egg producer's basic hen quota in accordance with section 43; or (b) the holder of an egg producer's basic hen quota at the time of the transfer. Where the Committee approves a transfer, for the purpose of giving effect to its approval it may allocate, cancel, decrease or increase an egg producer's basic hen quota."; (b) omitting subsection (3) and inserting the following subsection:- " (3) The Committee may allocate in Queensland an egg producer's basic hen quota to any person who holds in another State or Territory of the Commonwealth rights corresponding to the egg producer's basic hen quota provided for by this Act and in respect of whom the authority charged with regulating those rights has approved the transfer of the rights from that State or Territory to Queensland."; (c) adding at the end of the section the following subsection:- " (5) Any allocation of or increase in an egg producer's basic hen quota made pursuant to this section may be made subject to such prescribed terms and conditions as the Committee determines shall apply.".

10 Hen Quotas Act Amendment Act 1985, No. 2 13. Amendment of s. 45. Forfeiture or reduction of quota or entitlement . Section 45 of the Principal Act is amended by- (a) in paragraph (a)- (i) in provision (i) (A), omitting the word " owned " and substituting the word " kept "; (ii) after provision (iii), omitting the word " or " where it first occurs; (iii) in provision (iv), inserting after the word " quota " the words or any increase therein "; (iv) adding at the end of the paragraph the following words:- " or (v) there has been a failure to comply with the terms and conditions to which the Committee, pursuant to this Act, determined that the allocation or increase in allocation should be subject; "; (b) in paragraph (b), omitting all words from and including " by virtue of " to and including the words " to 30th June 1972 " and substituting the words " pursuant to section 40 and in accordance with the basis of allocation prescribed for the purposes of section 40 ". 14. Amendment of s. 46. Application for allocation of quota or increase of quota . Section 46 of the Principal Act is amended by adding at the end of the section the following subsection:- "(5) Any allocation of, or increase in, an egg producer's basic hen quota made pursuant to this section may be made subject to such prescribed terms and conditions as the Committee determines shall apply.". 15. New s. 46A. The Principal Act is amended by inserting after section 46 the following section "46A. Limitation on egg producer ' s basic hen quota . (1) The Committee shall not, pursuant to section 44 (1), approve the transfer of an egg producer's basic hen quota or part thereof from the holder thereof to another person pursuant to any contract, including any contract connected with the transfer of any interest in land being land to which the egg producer's basic hen quota is attached- (a) where the transfer would result in the transferee holding an egg producer's basic hen quota or basic hen quotas in excess of the prescribed number of hens; or (b) where the transferee already holds an egg producer's basic hen quota or basic hen quotas in excess of the prescribed number of hens. (2) The provisions of subsection (1) shall not apply so as to prevent the Committee from approving the transfer of- (a) one egg producer's basic hen quota in excess of the prescribed number of hens to a person who is not the holder of an egg producer' s basic hen quota; or

Hen Quotas Act Amendment Act 1985, No. 2 (b) more than one egg producer's basic hen quota which when added together amount to more than the prescribed number of hens where- (i) those quotas were, immediately before the transfer, held by one person and the transfer is to a person who is not the holder of an egg producer's basic hen quota; and (ii) the Committee is satisfied that the failure to obtain approval would result in a financial detriment to the transferee, which detriment would arise in whole or in part from a cause other than the inability to fulfil a contract or part thereof pursuant to which the transfer is sought. (3) The Committee shall not, pursuant to section 46, allocate an egg producer's basic hen quota to any person or increase the egg producer's basic hen quota of any person where such allocation or increase would result in that person holding an egg producer's basic hen quota or basic hen quotas in excess of the prescribed number of hens. (4) For the purposes of subsection (1) and subsection (3), when determining whether any person has or shall have as a result of any allocation, increase or transfer, an egg producer's basic hen quota or basic hen quotas in excess of the prescribed number of hens, there shall be taken into account, together with the proposed allocation, increase or transfer, the total number of hens in all egg producer's basic hen quotas (including any increases in any basic hen quota) allocated- (a) to that person separately or jointly with another person or other persons; (b) to another person or other persons in which quota or quotas that person has any equitable interest; (c) to any corporation or any corporation related to any corporation, in which that person has shares; and (d) where that person is a corporation, to a related corporation. (5) For the purposes of this section- (a) the term " corporation " shall have the same meaning that it has in the Companies (Queensland) Code; (b) the question whether corporations are related to each other shall be determined in the manner in which it is to be determined under the Companies (Queensland) Code whether corporations within the meaning of the code are related to each other. (c) the prescribed number of hens shall be twenty-five thousand or such other number as may be prescribed.".

12 Hen Quotas Act Amendment Act 1985, No. 2 16. Repeal of and new s. 48. The Principal Act is amended by repealing section 48 and substituting the following section:- " 48. Determination of adjusted hen quotas . (1) The Committee may from time to time determine an egg producer's adjusted hen quota in respect of all or any of the holders of an egg producer's basic hen quota and for that purpose may make a positive, negative or zero adjustment of any quota. (2) The adjustment made to the egg producer's basic hen quota pursuant to subsection (1) may be made in the form of a long term adjustment or a short term adjustment or both such adjustments as the Committee determines. (3) The Committee in determining any adjustment pursuant to this section shall take into consideration- (a) the egg producer's basic hen quota; (b) all allocations of egg producer's basic hen quotas in excess of the State hen quota; (c) the application of any formula or method prescribed pursuant to section 48A; and (d) such other considerations as may from time to time be prescribed or as the Committee considers desirable.". 17. New s. 48A. The Principal Act is amended by inserting after section 48 the following section:- " 48A. Regulations in respect of adjustment s. (1) The Governor in Council may from time to time make regulations prescribing a formula or method to be applied in calculating a long term adjustment or short term adjustment pursuant to section 48. (2) Regulations made pursuant to subsection (1) may prescribe a formula or method in relation to the calculation of any long term adjustment which is different from a formula or method prescribed in relation to the calculation of any short term adjustment.". 18. Amendment of s. 49. Egg producer ' s temporary hen quota. Section 49 of the Principal Act is amended by inserting after the words " hen quotas and " the words " determination of ". 19. New s. 55A. The Principal Act is amended by inserting after section 55 the following section:- " 55A. Duty to convert stored data to writing . Where a person records or stores any matter by means of a mechanical, electronic or other device, any duty imposed by this Act to make available or to furnish any books containing those matters shall be construed as a duty to make the matters available or to furnish them in written form. Where the duty imposed is to furnish or make available a copy of any books that duty shall be construed as a duty to furnish or make available a clear reproduction in writing.".

Hen Quotas Act Amendment Act 1985, No. 2 13 20. Amendment of s. 56 . Offences and penalties . Section 56 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- (2) A person who- (a) refuses or fails to furnish any information, return, books or copies of books, required of him by or under this Act; or (b) in response to a requirement of him made by or under this Act, furnishes any information, return, books or copies of books that is or are false or misleading in a material particular, whether by way of any statement therein or omission therefrom, commits an offence against this Act and is liable to a penalty not exceeding $100 and, in the case of an offence defined in paragraph (a), to an additional penalty not exceeding $500 if, having been convicted of that offence, he continues to refuse or to fail to furnish the information, return, books or copies of books required of him. This subsection does not apply in respect of a refusal or failure to furnish any information required of a person pursuant to paragraph (f) of section 25 (1) that would tend to incriminate him in any offence. If in response to a requirement made of him pursuant to paragraph (f) of section 25 (1) a person furnishes any information that would tend to incriminate him in any offence, other than the offence defined in paragraph (b), the information as furnished shall not be admissible in evidence against him in proceedings relating to that offence."; (b) in subsection (3), omitting the words " is guilty of " and substituting the word " commits ". 21. Amendment of s. 60. Regulations . Section 60 of the Principal Act is amended by in subsection (1)- (a) omitting paragraph (c) and inserting the following paragraph:- (c) providing for any matter concerning the books, finance or staff of the Committee;"; (b) in paragraph (e), omitting the word " granted " and substituting the word " allocated "; (c) after paragraph (e), inserting the following paragraph:- (eeaa)) prescribing the terms and conditions to which the Committee may subject an allocation of an egg producer's basic hen quota pursuant to section 40;"; (d) after paragraph (g), inserting the following paragraph :- " (ga) prescribing the considerations which may be taken into account in, and the manner in which there may be carried out, the assessment of the number of hens contained in a flock for any purpose under this Act;";

14 Hen Quotas Act Amendment Act 1985, No. 2 (e) after paragraph (i), inserting the following paragraphs:- (ia) prescribing the terms and conditions to which the Committee may subject an allocation of or an increase in an egg producer's basic hen quota pursuant to section 44; (ib) prescribing the terms and conditions to which the Committee may subject an allocation of, or an increase in, an egg producer's basic hen quota pursuant to section 46;"; (f) in paragraph (ka), omitting the word " records " wherever it occurs and substituting the word " books "; (g) in paragraph (m), omitting the word " record " and substituting the word " books ". 22. Amendment of s. 62. Evidentiary provisions . Section 62 of the Principal Act is amended by omitting from paragraph (c) the words " a document or an entry in a book or record which document, book or record is " and substituting the words ", or an entry in, any books "