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

Queensland Subordinate Legislation 1993 No. 423 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ (LEVY ON CANE GROWERS) REGULATION 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Inkerman Mill Suppliers’ Committee may make a particular levy . . . . . . . 2 3 Application of unused funds raised by the levy . . . . . . . . . . . . . . . . . . . . . . . 2 4 Limitation on power to make levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Request to hold a poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Conduct of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Inkerman Mill owner to deduct levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Inkerman Mill owner to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Inkerman Mill owner to deliver deducted levy and records . . . . . . . . . . . . . 4 10 Growers must pay levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Recovery of levies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Primary Producers’ (Levy on Cane Growers) No. 423, 1993 ˙ Short title 1. This regulation may be cited as the Primary Producers’ (Levy on Cane Growers) Regulation 1993 . ˙ Inkerman Mill Suppliers’ Committee may make a particular levy 2.(1) The Inkerman Mill Suppliers’ Committee may make a particular levy on growers who supply sugar cane to the Inkerman Mill. (2) The levy per tonne of cane supplied to the Inkerman Mill is— (a) in the 1993 crushing season—25 cents; and (b) in the 1994 crushing season—25 cents; and (c) in the 1995 crushing season—15 cents; and (d) in the 1996 crushing season—15 cents. (3) Subject to section 3, money raised by a levy made under this section may only be expended on— (a) the purchase by the Inkerman Mill Suppliers’ Committee of land to be used as a sugar cane farm; and (b) legal costs and outlays and stamp duty incurred for the purchase; and (c) operating costs of the farm incurred prior to the receipt of income from the farm. ˙ Application of unused funds raised by the levy 3. After applying the money raised by the levy to the purposes set out in section 2(3), any balance remaining may be expended on administrative purposes in the interests of the growers who supply sugar cane to the Inkerman Mill. ˙ Limitation on power to make levy 4. The Inkerman Mill Suppliers’ Committee must not make the levy if, on a poll held under the Act, there is a majority of votes against the making of the levy.

3 Primary Producers’ (Levy on Cane Growers) No. 423, 1993 ˙ Request to hold a poll 5.(1) In this section— “affected grower” means a grower on whom the levy may be made under this regulation. (2) A request, in writing, by an affected grower for a poll to determine whether to make the levy must be made, in writing, to the Minister by 10 December 1993. (3) A request must be sent to— Minister for Primary Industries Department of Primary Industries GPO Box 46 Brisbane Q 4000. ˙ Conduct of poll 6.(1) This section prescribes the procedure for holding a poll before the levy is made. (2) The Minister must publish a notice in the Gazette stating— (a) that the 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.

4 Primary Producers’ (Levy on Cane Growers) No. 423, 1993 ˙ Inkerman Mill owner to deduct levy 7.(1) The mill owner must deduct, from the amount payable to a grower for sugar cane supplied to the mill, the amount of the levy payable by the grower under this regulation 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. ˙ Inkerman Mill owner to keep records 8. The mill owner must record the following information in relation to the amount deducted, in respect of sugar cane supplied to the mill, under section 7— (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. ˙ Inkerman Mill owner to deliver deducted levy and records 9. The mill owner must, within 7 days of deducting the amount of a levy under section 7, send to the Inkerman Mill Suppliers’ Committee— (a) the amount deducted; and (b) the record made under section 8 in relation to the deduction. Maximum penalty— (a) the amount of the deduction; or

5 Primary Producers’ (Levy on Cane Growers) No. 423, 1993 (b) 20 penalty units; whichever is less. ˙ Growers must pay levies 10. A grower must pay the levy made under this regulation. Maximum penalty— (a) the amount of the levy; or (b) 20 penalty units; whichever is less. ˙ Recovery of levies 11. The Inkerman Mill Suppliers’ Committee may recover an amount it has levied on a person (the “person liable” ) under this regulation 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. ENDNOTES 1. Made by the Governor in Council on 25 November 1993. 2. Notified in the Gazette on 26 November 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1993