Milk Supply Act Amendment Act 1986 (Qld)

392 ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE Nov 22 of 1986 An Act to amend the Milk SupplyAct 1977- 1985 in certain particulars [ASSENTED TO 8TH APRIL, 1986]

Milk Supply Act Amendment Act 1986, No. 22 393 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 and citation . (1) This Act may be cited as the Milk Supply Act Amendment Act 1986. (2) The Milk Supply Act 1977-1985 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Milk Supply Act 1977-1986. 2. Repeal of and new s. 17. Conduct of affairs . The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Conduct of affairs . (1) The Board shall exercise or perform a power, authority, function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman of the Board has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) A member of the Board who, being present at a meeting and eligible to vote, abstains from voting on any question shall be taken to have voted for the negative. (4) Subject to this Act, the Board shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. (5) Notwithstanding this Act, the chairman of the Board may at any time refer any question requiring the consideration 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.". 3. Repeal of and new s . 36. Licences. The Principal Act is amended by repealing section 36 and substituting the following section:- "36. Licences. (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.

394 Milk Supply Act Amendment Act 1986, No. 22 For each of these descriptions there may be such classes of licence as may be prescribed. (2) (a) An application for a licence under this section- (i) shall be made to.the Board; (ii) shall be in the prescribed form; (iii) shall contain the prescribed particulars; (iv) shall be accompanied by the prescribed fee, if any. (b) The Board shall consider each application and may grant or refuse it. (c) Where an application is granted, the Board shall issue in respect thereof a licence. (d) Where an application is refused, the Board shall refund to the applicant the fee paid in respect thereof less such payment as the Board thinks reasonable towards the costs of considering the application. (3) A licence under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period; (d) shall be subject to such terms, conditions or restrictions as are prescribed either generally or in a particular case or class of case or so far as not prescribed as the Board either generally or in a particular case or class of case thinks fit endorsed thereon or attached thereto; (da) shall be subject to the payment of such fees or other charges and to such conditions as to payment thereof as the Board determines; (e) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (f) may be renewed; (g) may be transferred or surrendered; (h) may be amended, altered, varied or otherwise modified by the Board during the currency thereof. (4) Notwithstanding this section, the chairman of the Board may grant a renewal or transfer or accept the surrender of a licence but he shall. in a case where he considers it necessary to do so, refer any application for a renewal, transfer or surrender to the Board.".