Primary Producers' (Levy on Cane Growers) Notice 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 168 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ (LEVY ON CANE GROWERS) NOTICE 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—GENERAL LEVIES 3 Cane Growers’ Council may make a general levy . . . . . . . . . . . . . . . . . . . . 3 4 District executive may make a general levy . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Mill suppliers’ committee may make a general levy . . . . . . . . . . . . . . . . . . 4 PART 3—PARTICULAR LEVIES 6 Application of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Certain district executives may make a particular levy to effect insurance cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Certain district executives may make a particular levy to fund cane testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Certain mill suppliers’ committees may make a particular levy to effect insurance cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Certain mill suppliers’ committees may make a particular levy to fund cane testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Maryborough District Cane Growers’ Executive may make a particular levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Application of unused funds raised by a particular levy . . . . . . . . . . . . . . . . 6

2 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 PART 4—POLLS REGARDING PARTICULAR LEVIES 13 Limitation on power to make a particular levy . . . . . . . . . . . . . . . . . . . . . . . 6 14 Request to hold a poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Conduct of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 5—DUTIES OF MILL OWNERS 16 Mill owner to deduct levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17 Mill owner to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Mill owner to deliver deducted levy and records . . . . . . . . . . . . . . . . . . . . . 8 PART 6—PAYMENT AND RECOVERY OF LEVIES 19 Growers must pay levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Recovery of levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 7—REPEAL 21 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 11 GENERAL LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 13 GENERAL LEVIES BY MILL SUPPLIERS’ COMMITTEES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 15 PARTICULAR LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES—INSURANCE COVER SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 16 PARTICULAR LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES—CANE TESTING SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 17 PARTICULAR LEVIES BY MILL SUPPLIERS’ COMMITTEES—INSURANCE COVER SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . 19 PARTICULAR LEVIES BY MILL SUPPLIERS’ COMMITTEES—CANE TESTING

3 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 PART 1—PRELIMINARY ˙ Short title 1. This notice may be cited as the Primary Producers’ (Levy on Cane Growers) Notice 1993 . ˙ Definitions 2. In this notice— “assigned” to a mill, in relation to land, means the land is assigned to the mill under the Sugar Industry Act 1991 ; “cane testing” means the weighing, examining or testing of sugar cane for its quantity, quality or any condition; “grower” means grower of sugar cane; “insurance cover” means cover by means of an insurance policy, compensation scheme or both, to protect a grower against financial loss as a result of water or fire damage to sugar cane; “mill” of a mill suppliers’ committee means the mill for which it is constituted. PART 2—GENERAL LEVIES ˙ Cane Growers’ Council may make a general levy 3.(1) The Queensland Cane Growers’ Council may make a general levy on growers for administrative purposes. (2) This section applies in respect of the whole sugar industry. (3) The levy is 12.5 cents per tonne of sugar cane delivered by a grower to a mill.

4 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ˙ District executive may make a general levy 4.(1) A district cane growers’ executive may make a general levy, for administrative purposes, on growers in its district. (2) Before making a levy under this section, a district cane growers’ executive must obtain the consent of the Queensland Cane Growers’ Council. (3) The levy is the relevant amount set out in Schedule 1. ˙ Mill suppliers’ committee may make a general levy 5.(1) A mill suppliers’ committee may make a general levy, for administrative purposes, on growers who supply cane to its mill. (2) Before making a levy under this section, a mill suppliers’ committee must obtain the consent of the Queensland Cane Growers’ Council. (3) The levy is the relevant amount set out in Schedule 2. PART 3—PARTICULAR LEVIES ˙ Application of this Part 6. This Part applies subject to section 13. ˙ Certain district executives may make a particular levy to effect insurance cover 7.(1) A district cane growers’ executive mentioned in Schedule 3 may make a particular levy on growers in its district. (2) The levy is the relevant amount set out in Schedule 3. (3) Subject to section 12, the amount raised by a levy made by a district cane growers’ executive under this section may be expended only on insurance cover for the growers in its district.

5 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ˙ Certain district executives may make a particular levy to fund cane testing 8.(1) A district cane growers’ executive mentioned in Schedule 4 may make a particular levy on growers in its district. (2) The levy is the relevant amount set out in Schedule 4. (3) Subject to section 12, the amount raised by a levy made by a district cane growers’ executive under this section may be expended only on— (a) cane testing; and (b) research and development that relates to cane testing; for the growers in its district. ˙ Certain mill suppliers’ committees may make a particular levy to effect insurance cover 9.(1) A mill suppliers’ committee mentioned in Schedule 5 may make a particular levy on growers who supply cane to its mill. (2) The levy is the relevant amount set out in Schedule 5. (3) Subject to section 12, the amount raised by a levy made by a mill suppliers’ committee under this section may be expended only on insurance cover for the growers who supply cane to its mill. ˙ Certain mill suppliers’ committees may make a particular levy to fund cane testing 10.(1) A mill suppliers’ committee mentioned in Schedule 6 may make a particular levy on growers who supply cane to its mill. (2) The levy is the relevant amount set out in Schedule 6. (3) Subject to section 12, the amount raised by a levy made by a mill suppliers’ committee under this section may be expended only on— (a) cane testing; and (b) research and development that relates to cane testing; for the growers who supply cane to its mill.

6 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ˙ Maryborough District Cane Growers’ Executive may make a particular levy 11.(1) The Maryborough District Cane Growers’ Executive may make a particular levy on growers in its district. (2) The levy is 1 cent per tonne of sugar cane grown on land assigned to the Maryborough Mill. (3) Subject to section 12, the amount raised by a levy made under this section may be expended only on rates, insurance, repairs, improvements and administration costs for the Canegrowers’ Building at 10 Bazaar Street, Maryborough. ˙ Application of unused funds raised by a particular levy 12. If— (a) a particular levy is made by a district cane growers’ executive or a mill suppliers’ committee under this notice; and (b) after applying the money raised to the purpose for which the particular levy was made, a balance remains; the balance may be expended on administrative purposes in the interests of the growers on whom the particular levy was made. PART 4—POLLS REGARDING PARTICULAR LEVIES ˙ Limitation on power to make a particular levy 13. A body empowered under Part 3 to make a particular levy may not do so— (a) if a poll is required to be held under section 30(8A) of the Act—unless the poll is held and the majority of the votes is for the making of the levy; or (b) in any case—before 7 June 1993.

7 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ˙ Request to hold a poll 14.(1) In this section— “affected grower” , in relation to a particular levy, means a grower on whom the particular levy may be made under this notice. (2) Before a particular levy is made, an affected grower may request the Minister in writing to hold a poll of affected growers, to determine whether the particular levy will be made. (3) A request must be sent to the Minister by 4 June 1993. (4) A request may be sent to the following address— Minister for Primary Industries Department of Primary Industries GPO Box 46 Brisbane Q 4000. ˙ Conduct of poll 15.(1) For the purposes of section 30(8A) of the Act, this section prescribes the procedure for holding a poll before a particular levy is made. (2) The Minister must publish a notice in the Gazette stating— (a) that a poll is to be held; and (b) the name of the returning officer appointed by the Minister for the purposes of the poll; and (c) the last day (the “polling day” ) and time for the return of ballot papers to the returning officer; and (d) the form of the official roll of persons eligible to vote in the poll; and (e) the day, not less than 30 days before the polling day, on which the official roll is to close; and (f) the form of the ballot paper; and (g) the requirements for making a valid vote. (3) After the poll is held, the Minister must publish a notice in the Gazette declaring the result of the poll.

8 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 PART 5—DUTIES OF MILL OWNERS ˙ Mill owner to deduct levy 16.(1) A mill owner must deduct, from the amount payable to a grower for sugar cane supplied to the mill, the amount of any levy payable by the grower under this notice in respect of the sugar cane. (2) For the purposes of this section, it is irrelevant whether or not the sugar cane was grown on land assigned to the mill. Maximum penalty— (a) the amount that was not deducted; or (b) 20 penalty units; whichever is less. ˙ Mill owner to keep records 17. A mill owner must record the following information in relation to the amount deducted, in respect of sugar cane supplied to the mill, under section 16— (a) the name of the mill; (b) the name of the mill to which the land on which the sugar cane was grown is assigned; (c) the period over which the sugar cane was supplied to the mill; (d) the tonnage of the sugar cane supplied; (e) the amount deducted. ˙ Mill owner to deliver deducted levy and records 18. A mill owner must, within 7 days of deducting the amount of a levy under section 16, send to the body that made the levy— (a) the amount deducted; and (b) the record made under section 17 in relation to the deduction. Maximum penalty—

9 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 (a) the amount of the deduction; or (b) 20 penalty units; whichever is less. PART 6—PAYMENT AND RECOVERY OF LEVIES ˙ Growers must pay levies 19. A grower must pay a levy made under this notice. Maximum penalty— (a) the amount of the levy; or (b) 20 penalty units; whichever is less. ˙ Recovery of levies 20. The Queensland Cane Growers’ Council, a district cane growers’ executive or a mill suppliers’ committee may recover an amount it has levied on a person (the “person liable” ) under this notice from— (a) the person liable; or (b) a person holding money to the credit of the person liable; as a debt in a court of competent jurisdiction. PART 7—REPEAL ˙ Repeal 21. The following notices are repealed— (a) the notice headed ‘SUGAR LEVIES 1988 SEASON’ and

10 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 published in the Gazette on 2 July 1988 at pages 2543–7; (b) the notice headed ‘AMENDMENT TO SUGAR LEVIES 1988 SEASON’ and published in the Gazette on 17 September 1988 at page 289; (c) the notice headed ‘SUGAR LEVIES 1989 SEASON’ and published in the Gazette on 24 June 1989 at pages 1803–8; (d) the notice headed ‘SUGAR LEVIES 1990 SEASON’ and published in the Gazette on 24 February 1990 at page 993; (e) the notice headed ‘SUGAR LEVIES 1990 SEASON’ and published in the Gazette on 26 May 1990 at pages 399 to 404; (f) the notice headed ‘SUGAR LEVIES 1990 SEASON’ and published in the Gazette on 22 September 1990 at page 369; (g) the Primary Producers’ (Levy on Cane Growers) Notice 1992 .

11 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ¡ SCHEDULE 1 GENERAL LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES section 4 Note —the levy that may be made by a district cane growers’ executive mentioned in column 1, in respect of cane supplied to a mill mentioned opposite in column 2, is the rate set out opposite in column 3. District Cane Growers’ Executive Mossman Cairns Innisfail Tully River Herbert River Burdekin Proserpine Mackay Bundaberg Isis Maryborough Southern Mill Mossman Central Mulgrave Central, Babinda Central Mourilyan, South Johnstone Central Tully River Central Victoria, Macknade Invicta, Pioneer, Kalamia, Inkerman Proserpine Central Farleigh, Racecourse Central, Marian Central, Pleystowe, Plane Creek Central Fairymead, Millaquin, Bingera Isis Central Maryborough Moreton Central, Rocky Point Amount per tonne of cane delivered to the mill (cents) 12.00 14.50 16.20 10.00 8.00 3.63 10.00 9.40 9.00 12.50 7.00 0.50

12 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ¡ SCHEDULE 2 GENERAL LEVIES BY MILL SUPPLIERS’ COMMITTEES section 5 Note —the levy that may be made by a mill suppliers’ committee mentioned in column 1 is the amount calculated, for the tonnage of cane supplied to its mill, at the rate set out opposite in column 2. Mill Suppliers’ Committee delivered to the mill (cents) Mulgrave Central Babinda Central Mourilyan South Johnstone Central Macknade Victoria Invicta Pioneer Kalamia Inkerman Farleigh Racecourse Central Pleystowe Marian Central Plane Creek Central Millaquin Amount per tonne of cane 3.00 1.00 2.00 1.50 2.50 1.00 8.00 7.50 8.53 9.00 4.50 3.50 3.50 4.30 3.20 2.00

13 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 Fairymead Bingera Moreton Central Rocky Point SCHEDULE 2 (continued) 1.50 1.50 14.00 7.50

14 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ¡ SCHEDULE 3 PARTICULAR LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES—INSURANCE COVER section 7 Note —the levy that may be made by a district cane growers’ executive mentioned in column 1, in respect of cane supplied to a mill mentioned opposite in column 2, is the rate set out opposite in column 3. District Cane Growers’ Executive Mossman Tully River Isis Mill Mossman Central Tully River Central Isis Central Amount per tonne of cane delivered to the mill (cents) 0.73 0.50 0.50

15 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ¡ SCHEDULE 4 PARTICULAR LEVIES BY DISTRICT CANE GROWERS’ EXECUTIVES—CANE TESTING section 8 Note —the levy that may be made by a district cane growers’ executive mentioned in column 1, in respect of cane supplied to a mill mentioned opposite in column 2, is the rate set out opposite in column 3. District Cane Growers’ Executive Mossman Tully River Isis Maryborough Proserpine Mill Mossman Central Tully River Central Isis Central Maryborough Proserpine Central Amount per tonne of cane delivered to the mill (cents) 3.10 3.10 3.00 3.10 3.00

16 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ,¡ SCHEDULE 5 PARTICULAR LEVIES BY MILL SUPPLIERS’ COMMITTEES—INSURANCE COVER section 9 Note —the levy that may be made by a mill suppliers’ committee mentioned in column 1 is the amount calculated, for the tonnage of cane supplied to its mill, at the rate set out opposite in column 2. Mill Suppliers’ Committee Mulgrave Central Mourilyan South Johnstone Central Macknade Victoria Invicta Pioneer Kalamia Farleigh Racecourse Central Marian Central Plane Creek Central Pleystowe Millaquin Bingera Amount per tonne of cane delivered to the mill (cents) 2.77 2.60 5.50 0.73 0.73 6.00 4.00 1.00 2.90 1.51 4.00 3.87 1.55 0.47 0.65

17 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 Moreton Central Rocky Point SCHEDULE 5 (continued) 0.73 0.75

18 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 ¡ SCHEDULE 6 PARTICULAR LEVIES BY MILL SUPPLIERS’ COMMITTEES—CANE TESTING section 10 Note —the levy that may be made by a mill suppliers’ committee mentioned in column 1 is the amount calculated, for the tonnage of cane supplied to its mill, at the rate set out opposite in column 2. Mill Suppliers’ Committee Babinda Central Mulgrave Central Mourilyan South Johnstone Central Victoria Macknade Invicta Pioneer Kalamia Inkerman Racecourse Central Pleystowe Marian Central Plane Creek Central Farleigh Millaquin Amount per tonne of cane delivered to the mill (cents) 3.10 3.10 3.10 3.10 3.10 3.10 3.10 3.10 3.10 3.00 2.50 1.70 3.00 3.10 3.10 2.50

19 Primary Producers’ (Levy on Cane Growers) No. 168, 1993 Bingera Fairymead Moreton Central Rocky Point SCHEDULE 6 (continued) 2.00 2.20 3.10 3.10 ENDNOTES 1. Made by the Governor in Council on 27 May 1993. 2. Published in the Gazette on 28 May 1993. 3. Not required to be laid before the Legislative Assembly. 4. The administering agency is the Department of Primary Industries. The State of Queensland 1993