Milk Supply Act Amendment Act 1983 (Qld)

262 (J u r nns lanb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 25 of 1983 An Act to amend the Milk Supply Act 1977-1981 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

Milk Supply Act Amendment Act 1983, No. 25 263 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 Milk Supply Act Amendment Act 1983. (2) In this Act the Milk Supply Act1977-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Milk Supply Act1977-1983. 2. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-2); PART II-AMENDMENT OF MILK SUPPLY ACT (ss. 3-7); PART III-TRANSITIONAL PROVISIONS (ss. 8-13). PART II-AMENDMENT OF MILK SUPPLY ACT 3. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) omitting the definition " market milk entitlement " and substituting the following definition:- "market milk entitlement " means- (a) when used in relation to a processor, that quantity of milk determined by the Committee in respect of any period to have been notionally sold or used by the processor as market milk; or (b) when used in relation to a producer, a portion of the processor's entitlement determined as prescribed;"; (b) adding at the end of the section the following paragraph:- " For the purposes of this Act the quantity of milk that is the market milk entitlement of a particular processor shall be deemed to be an asset in the hands of the processor.". 4. Amendment of s. 84 . Functions . (1) Section 84 of the Principal Act is amended by adding after the words " such payments " at the end of paragraph (c) the following words:- 41 (d) whenever the Committee thinks it appropriate so to do, to establish a scheme or schemes for the regulation of access by processors to a market for market milk ". (2) It is declared that the Committee has always been authorized to perform a function specified in paragraph (d), as inserted by this Act, of section 84 of the Principal Act and in the performance of that function the Committee has always had and could lawfully exercise the powers specified in paragraphs (a) to (e) of section 85 (2A).

264 Milk Supply Act Amendment Act 1983, No. 2.5 5. Amendment of s. 85. General powers. Section 85 of the Principal Act is amended by- (a) in subsection (2), inserting after paragraph (c) the following paragraph:- "(ca) may, and shall be deemed to have always had power to vary, terminate or replace any scheme such as is referred to in paragraph (d) of section 84, including power to vary, terminate or replace any such scheme in respect of any period that has expired as at the date of such variation, termination or replacement or that has expired as at the commencement of the Milk Supply Act Amendment Act 1983;"; (b) inserting after subsection (2) the following subsection:- "(2A) Without limiting the generality of subsections (1) and (2), the Committee in carrying out its functions under paragraphs (a) and (d) of subsection 84 (1):- (a) may allocate some or all of the growth in local sales or consumption in one area from one processor to another processor or other processors in that or other areas; (b) may effect adjustments of entitlements to improve the position of processors who are for any reason disadvantaged in relation to access to markets for market milk; (c) is not obliged to treat the quantity of milk actually sold or used by a processor as market milk in any period as the market milk entitlement of the processor in respect of that period; (d) may effect adjustments of entitlements in respect of periods which have expired at the date of making such adjustments, and such adjustments may be in respect of periods that have expired before the commencement of the Milk Supply Act Amendment Act 1983; (e) may make all such alterations in entitlement as appear to it necessary or desirable in the operation of any scheme such as is referred to in paragraph (d) of subsection 84; (f) shall take into account all such factors as appear to it to be conducive to establishing a stable dairy industry.". 6. Repeal of s. 89. Increase of entitlement . The Principal Act is amended by repealing section 89. 7. New Part IIIA. The Principal Act is amended by inserting after section 88 the following heading and sections:- PART IIIA-ALTERATION OF PROCESSORS' ENTITLEMENTS UPON DIVERSION OF SUPPLY 89. Application of this Part. The provisions of this Part apply where a producer holding a market milk entitlement (in this Part called " the diverting producer ") diverts the whole of his supply

Milk Supply Act Amendment Act 1983, No. 25 265 of milk from one processor. (in this Part called " the former processor ") to another processor (in this Part called " the new processor "). 89A. Alteration of processors' entitlements . (1) On the date on which the diverting producer commences to supply the new processor, the market milk entitlement of the former processor shall be reduced by the number of litres equal to the prescribed percentage of the market milk entitlement of the diverting producer when he was supplying to the former processor (in this Part called " the producer's former market milk entitlement ") and the market milk entitlement of the new processor shall be increased by the same number of litres. (2) For the purposes of this Part the prescribed percentage of a market milk entitlement is that percentage which is fixed from time to time by the regulations and, in the absence of such a fixing, shall be 50 per centum of that market milk entitlement. 89B. Application by former processor for retention of entitlement . (1) A former processor either before, or within one calendar month after, the date on which the diverting producer commences to supply the new processor, may apply to the Committee to retain as part of the former processor's market milk entitlement, a number of litres- (a) equal to; or (b) less than the diverting producer's former market milk entitlement less the number of litres equal to the prescribed percentage of the diverting producer's former market milk entitlement. (2) Applications under subsection (1)- (a) shall be in writing and in the form (if any) prescribed from time to time; and (b) shall contain an undertaking by the former processor to pay to the diverting producer the prescribed sum per litre for the quantity of the diverting producer's market milk entitlement sought to be retained as part of the former processor's market milk entitlement, less such moneys, if any, as are owed by the diverting producer to the former processor in respect of the market milk entitlement of the diverting producer when supplying the former processor. (3) The prescribed sum for the purposes of this Part shall be such sum as is fixed from time to time by the regulations and, in the absence of such a fixing, shall be $50 per litre. (4) When the Committee receives an application from a former processor that complies with the provisions of this section- (a) the Committee shall grant the application;

266 Milk Supply Act Amendment Act 1983, No. 25 (b) the Committee shall promptly notify the diverting producer and the former processor of the granting of the application; and (c) the amount that the former processor, pursuant to paragraph (b) of subsection (2), has undertaken to pay shall be payable by the former processor to the diverting producer by bank cheque drawn in favour of the diverting producer delivered to the Committee on behalf of the diverting producer within 14 days after the date on which the Committee has sent to the former processor the notification referred to in paragraph (b) of this subsection. 89C. Diverting producer ' s market milk entitlement held by former processor . (1) This section applies where- (a) the former processor has not made an application under section 89B (1); or (b) the former processor has made an application under section 89B (1) in respect of a number of litres less than the diverting producer's former market milk entitlement less the number of litres equal to the prescribed percentage of the diverting producer's former market milk entitlement, and in this section the number of litres of market milk entitlement in respect of which the former processor might have but has not made an application under section 89B is called " the diverting producer's market milk entitlement held by the former processor ". (2) The Committee shall, as soon as practicable after the expiration of the period of one calendar month referred to in section 89B (1), decrease the market milk entitlement of the former processor and increase the market milk entitlement of the new processor by a number of litres equal to the diverting producer's market milk entitlement held by the former processor, such decrease and increase respectively to be effective on and from the date on which the diverting producer commences to supply the new processor. 89D. Payments to diverting producers to be debts. Amounts payable to a diverting producer by any person pursuant to the provisions of this Part shall be recoverable by him in any court of competent jurisdiction by way of action for a debt due and owing to him. 89E. Powers under this Part additional . The powers and functions conferred on the Committee by this Part are not limited by, and are not intended to limit, the powers and functions otherwise conferred on the Committee by this Act.".

Milk Supply Act Amendment Act 1983, No. 25 267 PART 111-TRANSITIONAL PROVISIONS 8. Application of this Part . The provisions of this Part apply where on or after 24 February, 1982 and before the commencement of this Act a producer holding a market milk entitlement (in this Part called " the diverting producer ") has ceased to supply milk to one processor (in this Part called " the former processor ") and has commenced to supply milk to another processor (in this Part called " the new processor "). 9. Validity of determination . Any determination by the Milk Entitlements Committee established under the Principal Act varying the market milk entitlement of the former processor or the new processor in consequence of an event referred to in section 8, which determination has not been set aside or otherwise dealt with by a court of competent jurisdiction or the Milk Appeals Tribunal shall be, and shall be deemed always to have been, valid and effective. 10. Amounts payable for entitlements retained . Where in consequence of an event referred to in section 8, the market milk entitlement of a former processor has been reduced by a number of litres which is less than the market milk entitlement of the diverting producer when supplying the former processor, the former processor is liable to pay to the diverting producer a sum calculated by- (a) subtracting from the diverting producer's market milk entitlement when supplying the former processor the number of litres by which the former processor's market milk entitlement has been so reduced; and (b) multiplying the result of such subtraction by $50 per litre. 11. Deductions from amounts payable under s. 10. Any amount payable by a former processor to a diverting producer in accordance with section 10 shall be reduced by- (a) the amount of any moneys owed by the diverting producer to the former processor in respect of the market milk entitlement of the diverting producer when supplying the former processor; and (b) the amount of any moneys which, before the commencement of this Act, were paid by the former processor to or for the diverting producer in consequence of the retention by the former processor, as part of its market milk entitlement, of a quantity equivalent to part of the diverting producer's market milk entitlement. 12. Refund by overpaid producer . If, in the circumstance referred to in paragraph (b) of section 11, a former processor has paid to a diverting producer, before the commencement of this Act, an amount in excess of the amount which would be payable to the producer pursuant to sections 10 and 11, the diverting producer shall repay the former processor the amount of the excess.

268 Milk Supply Act Amendment Act 1983, No. 25 13. Recovery of moneys . Any amount of money payable pursuant to section 10 , 11 or 12 shall be paid within a period of one calendar month after the commencement of this Act and shall be recoverable in any court of competent jurisdiction by way of action for a debt due and owing to the person to or for whom the money is required to be paid by the person by whom the money is required to be paid.