Milk Supply Act Amendment Act 1985 (Qld)

1637 (>ueen5Ianb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 106 of 1985 An Act to amend the Milk Supply Act 1977-1983 in certain particulars and for related purposes [ASSENTED TO 18TH D ECEMBER, 1985]

1638 Milk Supply Act Amendment Act 1985 No. 106 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 Milk Supply Act Amendment Act 1985. 2. Commencement . (1) Section I and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 12, 15 (c), 16, 17 (a) (ii) and 18 (b) shall commence on 1 July 1987. (3) Except as provided by subsections (1) and (2), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Principal Act and citation as amended . (1) In this Act the MilkSupply Act 1977-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Milk Supply Act 1977-1985. 4. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by- (a) omitting the definition "cream" and substituting the following definition:- "cream" means the product of milk, richer in fat than milk, obtained by centrifugal separation or other method: the term does not include cream used in the manufacture of butter;"; (b) inserting after the definition "Director-General" the following definition:- "distributor" means the occupier of premises at which any milk, cream or other dairy product is stored and refrigerated for, distribution to a vendor who delivers from a vehicle;"; (c) inserting after the definition "entitlement" the following definitions:- "flavoured milk" means milk to which has been added flavouring, with or without any other ingredient or food additive permitted pursuant to regulations under the Food Act 1981- 1984; "flavoured modified milk" means modified milk to which has been added flavouring, with or without any other ingredient or food additive permitted pursuant to regulations under the Food Act 1981-1984; "flavoured skim milk" means skim milk to which has been added flavouring, with or without any other ingredient or food

Milk Supply Act Amendment Act 1985 No. 106 1639 additive permitted pursuant to regulations under the FoodAct 1981-1984; "growth", when used in relation to market milk, means the increase as determined by the Committee in respect of successive 12 monthly periods of time in the deemed sales of milk, flavoured milk, UHT milk, flavoured UHT milk, skim milk, flavoured skim milk, modified milk, flavoured modified milk and any other dairy product so declared by Order in Council, and on such bases and in respect of such areas as to the Committee seems fit;"; (d) omitting the definitions "market milk", "market milk entitlement" and "milk" and substituting the following definitions:- ""market milk". means milk used or intended for use for human consumption and includes flavoured milk, modified milk, flavoured modified milk, skim milk, flavoured skim milk, UHT milk, flavoured UHT milk, and any other dairy product declared by Order in Council to be market milk: the term does not include milk used or intended for use for the manufacture of butter, cheese, yoghurt, concentrated milk, condensed milk, evaporated milk, skim milk powder, whole milk powder or casein; "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, the entitlement determined by the Committee as prescribed and in the absence of such prescription as determined by the Committee; "milk" means the lacteal fluid product of a mammal;"; (e) omitting the definition "modified milk" and substituting the following definition:- "modified milk" means- (a) a liquid mixture of any two or more of the following:- milk, concentrated milk, whole milk powder, skim milk, concentrated skim milk, skim milk powder, buttermilk, concentrated buttermilk, buttermilk powder, whey, concentrated whey, whey powder, cream, milk fat and water; or (b) any product other than skim milk or cream prepared by the extraction from milk of any portion of its original constitutent parts;"; (f) inserting after the definition "producer" the following definition:- "producer group" means a primary producers' co-operative association registered under the Primary Producers'

1640 Milk Supply Act Amendment Act 1985 No. 106 Co-operative Associations Act 1923-1981 that had one or both of the following purposes in its purposes for registration:- (a) the sale and disposal of the primary produce of its members in the most profitable manner; (b) arranging for the carriage or transportation to markets or otherwise of such produce: the term does not apply to an association that falls within the definition "processor";"; (g) omitting the definition "recombined milk"; (h) inserting after the definition "producer group" as inserted by this Act the following definition:- "registered dairy" means a dairy registered under the DairyProduce Act 1978-1979;"; (i) inserting after the definition "sell" the following definition:- "skim milk" means milk from which the cream has been separated and to which nothing has been added: the term includes separated milk;"; (j) omitting the definition "standardized milk"; (k) omitting from the definition "vehicle" the expression "." and substituting the expression ";"; (1) omitting from the definition "vessel" the expression substituting the expression "."; and (m) omitting all words from and including "For the purposes" to and including "hands of the processor.". 5. New s. 6A . The Principal Act is amended by inserting in Part I after section 6 the following section:- "6A. Bodies deemed to be processors . (1) For the purposes of Part II of this Act, Metropolitan Milk Producers' Co-operative Association Limited, Quinalow Milk Producers' Co-operative Association Limited and Suncoast Milk Producers' Co-operative Association Limited are deemed to have been processors at all times prior to the commencement of this section. (2) For the purposes of part III, IIIA and IIIB of this Act Metropolitan Milk Producers' Co-operative Association Limited, Quinalow Milk Producers' Co-operative Association Limited and Suncoast Milk Producers' Co-operative Association Limited are deemed to be and at all times prior to the commencement of this section to have been processors.". 6. Amendment of s. 17. Conduct of affairs . Section 17 of the Principal Act is amended by adding after subsection (4) the following subsection:- "(5) Notwithstanding this Act, the chairman of the Board may at any time refer any question requiring the consideration

Milk Supply Act Amendment Act 1985 No. 106 1641 of the Board to all members of the Board in writing and a decision made by a majority of the members of the Board and committed to writing shall have the same force and effect as a decision made at a duly constituted meeting of the Board. For the purposes of this section, a reference to members- and a reply thereto by telegram or telex shall constitute sufficient reference in writing.". 7. Amendment of s. 36 . Licences . Section 17 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The Board may grant and issue licences of the several descriptions following:- (a) producer's licence; (b) processor's licence; (c) vendor's licence; (d) carrier's licence; (e) producer group's licence; (f) distributor's licence. For each of these descriptions there may be such classes of licence as may be prescribed."; (b) inserting in subparagraph (d) of subsection (3) after the words "as the Board" the words "either generally or". 8. Amendment of s. 38 . Offences . Section 38 of the Principal Act is amended by adding after subsection (4) the following sections:- "(5) A person shall not administer the sale and disposal of milk supplied by producers to a processor or processors unless he is the holder of a producer group's licence or a processor's licence granted and issued under this Act. Penalty: $2 000. (6) A person shall not occupy premises at which milk, cream or any other dairy product is stored or refrigerated for distribution to a vendor who delivers from a vehicle unless he is the holder of a distributor's licence granted and issued under this Act in relation to those premises. Penalty: $2 000. (7) Subsection (6) shall not apply to a processor so far as relates to premises at which or which are part of premises at which milk, cream or any other dairy product is treated in accordance with a processor's licence held by that processor.".

1642 Milk Supply Act Amendment Act 1985 No. 106 9. Amendment of s. 39. Cancellation , revocation or suspension of licence . Section 39 of the Principal Act is amended by inserting in subsection (1) before subparagraph (a) the following subparagraph:- "(aa) may reprimand or caution the holder of,". 10. Amendment of s. 61. Milk Sales Promotion Advisory Committee. Section 61 of the Principal Act is amended by adding after subsection (8) the following subsection:- "(9) A member of the committee shall be entitled- (a) to such fees and other remuneration for attendance at meetings of the committee as are approved by the Governor in Council; (b) to be reimbursed such out of pocket expenses necessarily incurred by him in the performance of his duties as such member as are approved by the chairman of the committee.". 11. New s. 65A. The Principal Act is amended by inserting after section 65 the following section:- "65A. Interpretation. In this Part, save where a contrary intention appears- . "milk" means the lacteal fluid product of a bovine.". 12. Amendment of s. 66. Constitution . Section 66 of the Principal Act is amended by omitting subsection (2). 13. Amendment of s. 74. Conduct of affairs . Section 74 of the Principal Act is amended by inserting in the second paragraph of subsection (5) after the words "by telegram" the words "or telex". 14. Repeal of s. 83A. Milk Entitlement Settlement Fund. The Principal Act is amended by repealing section 83.4. 15. Amendment of s. 84 . Functions . Section 84 of the Principal Act is amended by- (a) omitting from subparagraph (a) all words from and including "determine," to and including the word "amend" and substituting the words "allocate, vary, alter, amend, transfer or cancel"; (b) omitting subparagraph (b) and substituting the following subparagraph:- "(b) to allocate to producers who supply milk from one or more registered dairies to a processor a portion of the processor's market milk entitlement in respect of each such dairy and to vary, alter, amend, transfer, relocate or cancel any entitlement so allocated but the aggregate of producers'

Milk Supply Act Amendment Act 1985 No. 106 1643 entitlements in respect of any one processor shall not exceed that processor's market milk entitlement;"; (c) omitting subparagraph (c); (d) inserting in subparagraph (d) after the words "for market milk" the following expression and words:- (e) to allocate to persons who supply milk or intend to supply milk to a processor all or part of a producer's entitlement, less any relocation assessment and additional assessment which may be applicable, resulting from transactions endorsed by the Committee; (f) to allocate to processors or producers or processors and producers at the discretion of the Committee, growth, relocation assessment and additional assessment; (g) to allocate entitlement in accordance with the provisions of subparagraphs (b), (e) and (f) upon such terms and conditions as are prescribed or so far as not prescribed as the Committee determines.". 16. Amendment of s. 84 . Functions . Section 84 of the Principal Act, as amended by section 15, is amended by omitting subparagraph (b) and substituting the following subparagraph:- "(b) to allocate, vary, alter, amend, relocate, transfer or cancel in accordance with such directions as the Minister from time to time issues or in the absence of such directions as the Committee in its absolute discretion thinks fit the entitlement to which each producer is entitled;". 17. Amendment of s. 85. General powers. Section 85 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting subparagraph (c) and substituting the following subparagraph:- "(c) may direct any processor to accept from any other processor such quantity of milk as the Committee determines at any time and direct a processor to make available such milk and, where such directions are given by the Committee, the price at which the exchange shall be made;"; (ii) omitting subparagraphs (d) and (e); (iii) inserting in subparagraph (g) after the words "Committee determines" the following expression and words:- (h) may at any time relocate an entitlement or portion of an entitlement from the registered dairy to which it is attached

1644 Milk Supply Act Amendment Act 1985 No. 106 to another registered dairy upon such terms and conditions as are prescribed or so far as not prescribed as the Committee determines; (i) may require a producer to show cause why an entitlement should not be varied, altered, amended or cancelled where the terms and conditions determined by the Committee attaching to the allocation, transfer or relocation of that entitlement have not been complied with; (j) may vary, alter, amend or cancel a producer market milk entitlement where the terms and conditions determined by the Committee attaching to the allocation, transfer or relocation of such entitlement have not been complied with."; (b) omitting from subsection (2A) the words "paragraphs (a) and (d) of subsection 84 (1)" and substituting the words "section 84". 18. Repeal of and new s. 86 . Procedure on cessation by producer to supply milk to a processor . The Principal Act is amended by- (a) repealing section 86 and substituting the following section:- "86. Cessation actual or deemed by producer in supplying milk to a processor . (1) Where a producer applies for the cancellation of the whole of his producer entitlement the Committee may cancel the entitlement. (2) A producer shall be deemed to have ceased supplying milk to a processor if the producer fails to supply the processor for two consecutive months without submitting to the Committee a satisfactory explanation and obtaining from the Committee a written exemption. (3) Where a producer has been deemed to have ceased supplying milk to a processor the Committee may require a producer to show cause within 30 days why his entitlement should not be cancelled if such entitlement has not been previously transferred or relocated. (4) Where a producer fails to reply within 30 days to a Committee order issued in accordance with subsection (3) the Committee may cancel the entitlement. (5) Where a producer fails to satisfy the Committee that the entitlement should not be cancelled, the Committee may issue an order to the producer requiring the producer to seek the relocation of the entitlement within 30 days from the registered dairy to which it is attached to another registered dairy and if following the expiry of this time the entitlement has not been relocated the Committee may cancel the entitlement. (6) Where the Committee cancels an entitlement of a producer under this section the Committee shall reduce the entitlement of that producer's processor by the number of litres equal to that producer's cancelled entitlement.

Milk Supply Act Amendment Act 1985 No. 106 1645 (7) Where the Committee cancels an entitlement of a producer under this section such entitlement shall bt acquired by the Committee in accordance with the provisions of section 84 (c). (8) An entitlement which is cancelled by the Committee under this section shall be re-allocated by the Committee. (9) Where a producer's entitlement is cancelled under this section that producer shall surrender his producer's licence to the Queensland Milk Board."; (b) omitting subsection (7) of section 86 as substituted by this section. 19. Repeal of and new s. 87. Entitlement to attach to land and holder . The Principal Act is amended by repealing section 87 and substituting the following section:- "87. Entitlement to attach to holder and registered dairy. (1) Subject to this Act, a producer's entitlement shall attach to the person to whom it is allocated and the registered dairy specified in the allocation. A producer entitlement shall be supplied to the processor specified in the allocation. (2) A person shall not supply milk in relation to an entitlement through a registered dairy other than the registered dairy to which that entitlement is attached unless- (a) that milk supply has commenced prior to 9 September 1985; and (b) the committee has consented to such supply.". 20. Repeal of and new s. 88. Qualification of entitlement holders. The Principal Act is amended by repealing section 88 and substituting the following section:- "88. Qualification of entitlement holders. A person shall not be qualified to apply for or hold an entitlement unless- (a) he is the owner or lessee from the Crown of the registered dairy to which the entitlement is to be attached; and (b) he satisfies the Committee-

1646 Milk Supply A ct Amendment Act 1985 No. 106 (i) that his interest in such dairy is such as to make the holding by him of an entitlement fair and reasonable; or (ii) that for any other reason the holding by him of an entitlement would be fair and reasonable.". 21. New s. 88A. The Principal Act is amended by inserting in Part III.4 before section 89 the following section:- "88A. Interpretation . In this Part, save where a contrary intention appears- "market milk entitlement of the diverting producer" means the producer's market milk entitlement determined in the manner prescribed or, where the manner of determining such entitlement is not prescribed, determined as the Committee in its unfettered discretion thinks fit; "producer holding a market milk entitlement" means a producer who supplies milk to a processor where either- (a) payment to the producer for such milk is made or is intended to be made on the basis that some or all of the milk so supplied is market milk; ° or (b) some or all of the milk so supplied is used or is intended to be used as market milk.". 22. Effect of insertion of new s. 88A. The provisions of section 88A inserted into the Principal Act by this Act shall be deemed to have always been included in Part Iil.a of the Principal Act. 23. Repeal of ss. 89a , 89c and 89D . The Principal Act is amended by- (a) repealing sections 89B, 89c and 89D; (b) renumbering section 89E as 89B. 24. New Part IIIB and ss. 89c , 89D, 89E , 89F, 89G and 89H. The Principal Act is amended by inserting after section 89B, as renumbered under section 23, the following Part and sections:- "PART IIIB-ALTERATION OF PRODUCERS' ENTITLEMENTS UPON RELOCATION OF ENTITLEMENT 89c. Interpretation . In this Part, save where a contrary intention appears- "additional assessment" means the number of additional litres of producer market milk entitlement re-allocated by the Committee when the Committee relocates any

Milk Supply Act Amendment Act 1985 No. 106 1647 entitlement or part thereof pursuant to section 89F (4) (b) from the registered dairy to which it is attached to another registered dairy and shall be determined as prescribed; "relocation assessment" means the number of litres of producer market milk entitlement re-allocated by the Committee when the Committee relocates any entitlement or part thereof pursuant to section 89E (2) (b) or to section 89F (4) (b) from the registered dairy to which it is attached to another registered dairy and shall be determined as prescribed. 89D. Application of this Part. The provisions of this Part apply where a market milk entitlement attached to a producer's registered dairy is relocated in whole or in part to another registered dairy and such dairies are registered for the supply of milk to the same processor. 89E. Procedure for relocation of producer entitlement. (1) A producer may make application to the Committee in the prescribed form for the relocation of his entitlement in whole or in part. (2) The Committee shall consider every application made to it under subsection (1) and- (a) may grant the application in whole or in part; (b) where an application is granted in whole or in part, shall relocate the producer entitlement or that part thereof to which the grant relates; (c) may refuse the application. (3) The grant of an application pursuant to subsection (2) (a) shall be made subject to such terms and conditions as are prescribed or if none are prescribed or to the extent that no terms and conditions are prescribed in respect of a particular matter, as the Committee determines. (4) A relocation assessment shall apply to all relocations of producer entitlement under this Part and shall be deducted from the producer entitlement prior to relocation provided that the Minister may exempt the application of a relocation assessment in whole or in part. (5) A relocation assessment shall be calculated as prescribed. (6) A relocation assessment shall be re-allocated by the Committee to producers in accordance with the provisions of section 84 (b). 89F. Restrictions on relocation of entitlement . (1) Subject to this section, a producer shall not be eligible to make an application under section 89E or this section for the relocation of entitlement to a registered dairy in respect of which he holds an entitlement exceeding the prescribed quantity. (2) Subject to this section, a producer shall not be eligible to make an application under section 89E or this section if the

1648 Milk Supply Act Amendment Act 1985 No. 106 result of the proposed relocation of entitlement from one registered dairy to another would be that the producer would hold in respect of the second-mentioned dairy, entitlement exceeding the prescribed quantity. (3) A producer shall be eligible to make an application to the Committee in the prescribed form for the relocation of entitlement to a registered dairy in respect of which he holds an entitlement in excess of the prescribed quantity or for the relocation of entitlement from one registered dairy to another where the result of such relocation would be that the producer would hold in respect of the second-mentioned dairy entitlement exceeding the prescribed quantity, where- (a) that producer is the registered owner or registered lessee from the Crown of another registered dairy or dairies to which entitlement is attached; or (b) that producer satisfies the Committee that his interest in another registered dairy or dairies is such as to make the relocation of entitlement from such registered dairy or dairies in accordance with the application fair and reasonable; and (c) the whole of the entitlement attached to such dairy or dairies referred to in paragraphs (a) or (b) of this subsection is to be relocated less any relocation or additional assessment. (4) The Committee shall consider every application made to it under subsection (3) and- (a) may grant the application; (b) where an application is granted, shall relocate the producer entitlement to which the grant relates; (c) may refuse the application. (5) The grant of an application pursuant to subsection (4) (a) shall be made subject to such terms and conditions as are prescribed or if none are prescribed or to the extent that no terms and conditions are prescribed in respect of a particular matter, as the Committee determines. 89G. Additional assessment . (1) In addition to a relocation assessment under section 89E, additional assessment shall apply to all relocations of producer entitlement under the provisions of section 89F (4) provided that the Minister may exempt the application of an additional assessment in whole or in part. (2) An additional assessment shall be calculated as prescribed. (3) Where the Committee calculates an additional assessment pursuant to this section the entitlement held by that producer shall be reduced by the number of litres of milk equal to that additional assessment.

Milk Supply Act Amendment Act 1985 No. 106 1649 (4) An additional assessment shall be re-allocated by the Committee to producers in accordance with the provisions of section 84 (b). 89H. Alteration of processor ' s entitlement . (1) Where any relocation assessment or additional assessment is calculated by the Committee the entitlement of that producer's processor shall be reduced by the number of litres equal to such relocation assessment or additional assessment as the case may be. (2) A relocation assessment or additional assessment which is deducted from a processor's entitlement shall be re-allocated by the Committee in accordance with the provisions of section 84 (a) and 84 (b).". 25. Repeal of and new s. 107. Interpretation . The Principal Act is amended by repealing section 107 and substituting the following section:- "107. Interpretation . In this Part, save where a contrary intention appears- "cream" means cream that contains not less than 350 grams per kilogram of milk fat; "milk" means the lacteal fluid product of the bovine; "pasteurised" means the treatment of pasteurisation involving the heating and cooling of milk or cream to effect the destruction of pathogenic bacteria; "pasteurised milk" includes pasteurised milk, modified milk, skim milk and any other product declared by Order in Council to be pasteurised milk for the purposes of this Part.". 26. Amendment of Second Schedule . The Second Schedule to the Principal Act is amended by omitting clause 16 and substituting the following clause:- "16. Entitlements . Prescription of all matters and things considered necessary or desirable in relation to the method of determining producer entitlement, the supplying of entitlement, the allocation, varying, altering, amending, transferring, relocating or cancellation of entitlement and the method of determining relocation and additional assessment.".

1650 Ifilk Supply Act Amendment Act 1985 No. 106 27. Amendments in relation to penalties for offences . The provisions of the Principal Act specified in the first column of the following Table are amended as set out in the second column of that Table:- Section Amended Section 38 Section 41 Section 114 Section 121 Second Schedule -Clause 20 TABLE Amendment in subsections (1) to (4) both inclusive omit the expression "$1 000" wherever occurring and substitute the expression "$2 000" in each case; in subsections (2) and (3) both inclusive omit the expression "$1 000" wherever occurring and substitute the expression "$2 000" in each case; (a) in subsections (1) and (2) both inclusive omit the expression "$1 000" wherever occurring and substitute the expression "$2 000" in each case; (b) in subsection (2) omit the expression "$100" and substitute the expression "$200"; in subsections (1) and (2) both inclusive omit the expression "$1 000" wherever occurring and substitute the expression "$2 000" in each case; omit the expression "$400" and substitute the expression "$800".