Primary Producers' Co-operative Associations Act Amendment Act 1974 (Qld)

576 ANNO, VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 55 of 1974 An Act to amend The Primary Producers ' Co-operative Associations Acts 1923 to 1965 in certain particulars [ASSENTED TO 27TH SEPTEMBER, 1974] 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 Primary Producers' Co-operative Associations Act Amendment Act 1974. (2) The Primary Producers' Co-operative Associations Act of 1923 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Primary Producers' Co-operative Associations Act1923-1974. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the definition " Minister " and substituting the following definition:- Minister "-The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes a Minister of the Crown who is temporarily performing the duties of the Minister;";

Primary Producers' Co-op. Assns Amdt Act 1974. No. 55 577 (b) omitting subsection (2) and substituting the following subsection:- " (2) For the purposes of this Act, a special resolution means a resolution passed by a majority of not less than three-fourths of such members of an association for the time being entitled to vote as have voted, in person or where the rules so provide by proxy, at a general meeting of which notice specifying the intention to propose the resolution has been duly given.". 3. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (3), omitting the words " five pounds " and substituting the expression " $50 ". 4. Repeal of s. 11A. The Principal Act is amended by repealing section 1IA. 5. Amendment of s. 15. Section 15 of the Principal Act is amended 'by, in subsection (1), omitting subparagraph (u) and the proviso thereto, and substituting the following subparagraph:- (u) The maximum rate per centum that may be paid to members of the association as dividend in respect of the shares held by them, not exceeding seven and one-half per centum calculated on the amount paid on the shares, or such other rate per centum as is fixed from time to time by Order in Council. A rate fixed at any time pursuant to this subparagraph (u) that is less than the rate subsisting immediately prior to that time does not apply to an association in existence at that time.". 6. Repeal of and new s. 22. The Principal Act is amended by repealing section 22 and substituting the following section:- 1122. Provisions as to co-operative companies . (1) Subject to this Act, it shall not be lawful for a corporation that has as part of its name the word " Co-operative " to become registered under any law of the State including this Act or, if so registered in the State, to remain registered, or for a corporation to use in any manner as part of or in connexion with its name the word " Co-operative ", unless its memorandum of association and articles of association or, as the case may be, rules provide- (a) that the total voting power of the corporation is at all times held by members who are producers and suppliers; (b) that a member of the corporation who is a producer and supplier is entitled to one vote only on any business before a meeting of the corporation or at a poll or ballot conducted by the corporation; and (c) that a member of the corporation who is not a producer and supplier shall not be entitled to vote on any business before a meeting of the corporation or at a poll or ballot conducted by the corporation. (2) For the purposes of this section- (a) every child of a person who is a shareholder of and producer and supplier to the corporation who resides with that shareholder shall be deemed to be a producer and supplier if that child is of or over the age of 16 years and a shareholder of the corporation; 19

578 Primary Producers' Co-op. Assns Amdt Act 1974, No. 55 (b) the wife of a person who is a shareholder of and producer and supplier to the corporation who is a shareholder of the corporation and who resides with her husband shall be deemed to be a producer and supplier; (c) a person who is a supplier to a Board within the meaning of the Primary Producers' Organisation and MarketingAct1926-1973 or the Wheat Pool Act 1920-1972 or any other Act relating to the supply to a Board of primary produce, of the produce or some part thereof in respect of which the business of the corporation is to be or is being carried on, shall, if he is a shareholder of the corporation, be deemed to be a producer and supplier to the corporation. (3) In this section- (a) the term " producer and supplier " means a person who is a producer and supplier to the corporation of the produce or some part thereof in respect of which the business of the corporation is to be or is carried on; (b) the term " corporation " includes- (i) a company incorporated in the State and registered or deemed to be registered under the Companies Act 1961-1974; (ii) a company incorporated or registered outside the State carrying on business in the State; or (iii) an association. (4) The Governor in Council may at any time by Order in Council and upon such terms and conditions as he thinks fit exempt any corporation named therein from the operation of the provisions of this section and thereupon those provisions shall not apply to the corporation so named during the continuance in force of the Order in Council. (5) (a) A corporation that contravenes or fails to comply with any provision of this section commits an offence against this Act. Penalty: $500. (b) A director, manager, secretary or public officer of a corporation who knowingly authorizes or permits a failure to comply with or a contravention of any provision of this section commits an offence against this Act. Penalty: $500.". 7. Amendment of s. 23 . Section 23 of the Principal Act is amended by omitting the words " one hundred pounds " and substituting the expression " $500 ". 8. Amendment of s. 24A. Section 24A of the Principal Act is amended by omitting the words " five per cent." and substituting the words " seven and one-half per centum ".

Primary Producers' Co-op. Assns Amdt Act 1974, No. 55 579 9. New s. 25B. The Principal Act is amended by inserting after section 25A the following section:- " 25B. Power to fix maximum rate of dividend . The Governor in Council may from time to time by Order in Council fix the maximum rate per centum (referred to in section 15 (1) (u)) that may be paid to members of an association as dividend in respect of the shares held by them.". 10. Amendment of s. 26 . Section 26 of the Principal Act is amended by, in subsection (1), omitting from subparagraph (xi.) the words " twenty pounds " and substituting the expression " $100 ". 11. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) omitting the words " clerk of petty sessions " where they occur and substituting in each case the words " clerk of the court "; (b) in subsection (1), omitting the words " petty sessions district " and substituting the words " Magistrates Courts District "; (c) in subsection (2), omitting the words "Agriculture and Stock " and substituting the words " Primary Industries "; (d) in subsection (4), omitting the words " two shillings and sixpence " and substituting the expression " 50 cents "; (e) in subsection (5), omitting the words " one hundred pounds " and substituting the expression " $500 ". 12. Amendment of s. 29. Section 29 of the Principal Act is amended by omitting the words " one hundred pounds " and substituting the expression " $500 ".