Primary Producers' Organisation and Marketing Act 1926 (Qld)

Queensland PRIMARY PRODUCERS’ ORGANISATION AND MARKETING ACT 1926 Reprinted as in force on 28 April 1998 (includes amendments up to Act No. 82 of 1997) Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 28 April 1998. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the ReprintsAct1992, section 35 have also been made to use aspects of format and printing style consistent with current drafting practice. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland PRIMARY PRODUCERS’ ORGANISATION AND MARKETING ACT 1926 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 1A—APPLICATION OF STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 3 Declaration that board and subsidiary bodies are statutory bodies . . . . . . . 9 PART 2—OFFICERS 6 Appointment of director of marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—COMMODITIES AND COMMODITY BOARDS 9 Power to declare commodity and extend Act and constitute board for same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Board may control several commodities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10A Existing boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10B Petition for continuance or otherwise of board . . . . . . . . . . . . . . . . . . . . . . . 25 10C Amalgamation of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10D Further powers of Governor in Council as to boards . . . . . . . . . . . . . . . . . . . 28 11 Commodity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11A Further powers of commodity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11B Failure to elect or appoint representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11C Termination of term of office of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11D Confidentiality of members of a board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11E Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

2 Primary Producers’ Organisation and Marketing Act 1926 12 Boards not to be concerned in party politics . . . . . . . . . . . . . . . . . . . . . . . . . 35 13 General powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13A Fraud by officers etc. of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13B Powers of affiliated body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13C Minister’s directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 4—MARKETING 14 Powers of marketing board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14A Marketing board to insure against defalcations by agent . . . . . . . . . . . . . . . 40 14B Marketing board to be corporation for certain purpose . . . . . . . . . . . . . . . . . 41 14F Other marketing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 15 All the commodity to be delivered to marketing board . . . . . . . . . . . . . . . . 42 16 Delivery in name of grower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 17 Tender evidence of intention to deliver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 18 Acceptance by board etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 18A Variation of payment arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 18B Marketing arrangements for individual growers . . . . . . . . . . . . . . . . . . . . . . 48 18C Board may contract with grower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 19 Issue of certificates and payment in connection with commodity delivered to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 20 Contracts for sale of commodity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 21 Power of Queensland Rail etc. to refuse to carry . . . . . . . . . . . . . . . . . . . . . 51 22 Remedy against board confined to claim for an account . . . . . . . . . . . . . . . 51 23 Duty to give notice of encumbrances etc. on delivery thereof . . . . . . . . . . . 52 23A Priority of order for payment of harvesting costs . . . . . . . . . . . . . . . . . . . . . . 52 24 Non-liability of board for payments in good faith etc. . . . . . . . . . . . . . . . . . 53 PART 5—RETURNS AND ADMINISTRATION 25 Board may require growers and holders to furnish returns . . . . . . . . . . . . . . 53 26 Protection of the Crown etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 27 Financial administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 27A Unclaimed moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART 6—LEVY BY BOARD 29 Board may make levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

3 Primary Producers’ Organisation and Marketing Act 1926 29B Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 30 Cane to be a commodity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 30A Definitions for section 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 30B Queensland Cane Growers’ Council may hold property as trustee . . . . . . . 65 30C Producer representative bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 30D State councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 30E Subsidiary bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 30F Queensland Commercial Fishermen’s Organisation and State Council . . . 69 PART 7—GENERAL 31 Recovery of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 31A Undue influence and like offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 32 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 34 Annual report of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 34A Annual general meeting of growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 34C Application of Act to affiliated body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 34E Application of Act to the committee of direction of fruit marketing . . . . . . 77 PART 8—WINDING–UP ARRANGEMENTS 36 Board may be wound up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 37 Initiation of winding-up by growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 38 Appointment of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 39 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 40 Vesting of property and assumption of liabilities . . . . . . . . . . . . . . . . . . . . . 79 41 Administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 42 Duty to facilitate transfer of property etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 43 Procedure for winding-up a board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 44 Arrangements and reconstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 45 Exercise of board’s functions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 46 Application of moneys remaining after winding-up . . . . . . . . . . . . . . . . . . . 84 47 Regulations and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 48 Particular modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

4 Primary Producers’ Organisation andMarketing Act 1926 PART 9—MISCELLANEOUS 49 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 50 Guidelines etc. may be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 51 Approved rules or articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 52 Returning officer may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 53 Application of Act to certain other bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 54 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 55 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 56 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 PART 10—TRANSITIONAL 57 Transitional provision for Act No. 59 of 1996 . . . . . . . . . . . . . . . . . . . . . . . . 93 58 Transitional provision for Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . 93 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 95 MEETING PROCEDURE ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 101 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 9 Orders in council amending Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

s1 5 s2 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ ORGANISATION AND MARKETING ACT 1926 [as amended by all amendments that commenced on or before 28 April 1998] An Act to provide for the orderly marketing of rural commodities, the establishment, operation and accountability of marketing boards, producer representative bodies and for related purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Primary Producers’ Organisation and Marketing Act 1926 . ˙ Definitions 2. In this Act— “affiliated body” means any cooperative registered under the CooperativesAct 1997 and any corporation within the meaning of the CorporationsLaw where the registered rules of the association or the memorandum and articles of association of the corporation provide that any or all of the directors of the association or corporation, as the case may be, shall be persons for the time being holding office as members of a board. “appointed day” see section 40(2). “approved form” see section 55. 1 “authorised agent” means any person authorised by the board to take 1 Section 55 (Approval of forms)

s2 6 s2 Primary Producers’ Organisation and Marketing Act 1926 delivery of the commodity on their behalf in the exercise of their powers under this Act, and includes any agent, employee or servant of an authorised agent empowered by such authorised agent to act on the authorised agent’s behalf in taking such delivery, and also any agent, employee or servant of such agent. “board” means the commodity board constituted in relation to a specified commodity by the Governor in Council under this Act and appointed under this Act as prescribed, and expressly includes the State council of each producer representative body and each marketing board. A board which for the time being is duly empowered to undertake the functions of marketing the commodity is in this Act referred to as a marketing board. “certificate” means any document in the approved form issued by the board or their authorised agent as evidence of the delivery of the commodity by a grower to the board. “commodity” means any grain, cereal, fruit, vegetable, or other product of the soil in Queensland, or arrowroot, and any dairy produce (including butter and cheese) and any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, which in each case has been declared to be a commodity under and for the purposes of this Act. The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture. The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture. Pigs declared a commodity The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act. Fish declared a commodity The commodity fish (as defined in the Fisheries Act 1994 ) is hereby

s2 7 s2 Primary Producers’ Organisation and Marketing Act 1926 declared to be a commodity under and for the purposes of this Act. “deliver to the board” means deliver or tender or cause to be delivered or tendered to an authorised agent for acceptance on account of a marketing board any of the commodity of which it is intended to yield possession to the board; and derivatives of the word ‘deliver’ used in this connection have a corresponding meaning. “financial institution” includes an entity that carries on banking business outside Australia and is approved by the Treasurer. “financial year” means any period of 12 months which may be approved by the Minister in writing as being the annual accounting period for any board or affiliated body. “grower” means the person by whom the commodity is actually grown or produced or prepared, and where the commodity is grown or produced pursuant to any share-farming agreement, includes the parties to such agreement. “marketing” includes all activities necessarily associated with the movement of a commodity from the point of production or preparation to the point of consumption and, without limiting the generality of the foregoing, includes— (a) the storage, handling, transport and sale of the commodity and such other activities as are necessary to convert the commodity into a saleable form of condition; and (b) advertising of the commodity and such other measures designed to promote the sale of the commodity. “net proceeds of sale” means the proceeds of the marketing of the commodity less— (a) such deductions as the board concerned may determine to be necessary to meet— (i) the costs of administration; and (ii) the costs of handling, marketing, capital redemption and commodity financing; in respect of the commodity; and

s2 8 s2 Primary Producers’ Organisation and Marketing Act 1926 (b) the costs (if any) incurred by the board in respect of the costs of handling, marketing and financing the commodity in excess of the costs referred to in paragraph (a)(ii). “person” includes any partnership or firm and any body of persons, corporate or unincorporate. “primary producer” means every person, not being a person engaged in primary production as an employee on wages or piecework rates, engaged in the occupation of— (a) dairy farmer; or (b) wheat, maize or cereal grower; or (ba) arrowroot grower; or (c) sugar cane grower; or (d) fruit grower; or (e) grazier; or (f) farmer, whether engaged in general or mixed farming, cotton, potato or vegetable growing, or poultry or pig raising; or (g) apiarist; or (h) fisher; any class of persons, not being persons engaged in primary production as employees on wages or piecework rates, declared by regulation to be primary producers for the purposes of this Act, and includes farmers’ children 18 years of age and upwards, working on their parents’ farms, not for wages but for their keep only, and “primary produce” and “primary production” have correlative meanings. “producer representative body” means the— (a) Queensland Cane Growers’ Organisation; or (b) Queensland Dairyfarmers’ Organisation; or (c) Queensland Pork Producers’ Organisation; or (d) Queensland Commercial Fishermen’s Organisation; or (e) a producer representative body established by regulation under

s3 9 s3 Primary Producers’ Organisation andMarketing Act 1926 section 30C. 2 “sell” includes barter and exchange, and “sale” has a corresponding meaning. “State council” means the— (a) Queensland Cane Growers’ Council; or (b) Queensland Dairyfarmers’ State Council; or (c) Queensland Pork Producers’ State Council; or (d) Queensland Commercial Fishermen’s State Council; or (e) the State council of a producer representative body established by a regulation under section 30C. 2 “subsidiary body” means a subsidiary body under section 30E(1). 3 PART 1A—APPLICATION OF STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 ˙ Declaration that board and subsidiary bodies are statutory bodies 3.(1) A board is a statutory body for the StatutoryBodiesFinancialArrangements Act 1982 . (2) Each subsidiary body of the State council of a producer representative body, as mentioned in section 30E, is a statutory body for the StatutoryBodies Financial Arrangements Act 1982. (3) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers under this Act of the boards and 2 Section 30C (Producer representative bodies) 3 Section 30E (Subsidiary bodies)

s 6 10 s 6 Primary Producers’ Organisation and Marketing Act 1926 subsidiary bodies are affected by the StatutoryBodiesFinancialArrangements Act 1982 . PART 2—OFFICERS ˙ Appointment of director of marketing 6.(1) The Governor in Council may from time to time appoint an officer (the “director of marketing” ) upon such terms and at such salary as the Governor in Council may determine, which salary shall be a charge upon and paid out of the consolidated fund, and may at any time suspend or dismiss such officer from his or her office for incapacity, incompetence, or misbehaviour. (2) The director of marketing shall have such powers and duties as are assigned to the director from time to time by the Minister. (2A) Except as may be approved, the director of marketing shall not accept or hold any paid employment outside the duties of the director’s office, or be a director of a company. (3) The director of marketing shall be entitled to demand and receive, in respect of the director’s acting on each board of which the director is appointed a member, such fees and expenses as other members of such board are entitled to demand and receive out of the funds of such board. (4) But all such fees and expenses so received by the director of marketing shall be deemed to have been received by the director as a public officer, and shall be accounted for accordingly.

s 9 11 s 9 Primary Producers’ Organisation andMarketing Act 1926 PART 3—COMMODITIES AND COMMODITY BOARDS ˙ Power to declare commodity and extend Act and constitute board for same 9.(1) The Governor in Council may from time to time, if requested so to do by a petition signed by 50 growers of any particular commodity (or such other number of growers as may be approved) by regulation declare that any grain, cereal, fruit, vegetable, or other product of the soil in Queensland, or arrowroot or any dairy produce (including butter and cheese) or any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, is and shall be a commodity under and for the purposes of this Act. (1A) The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture. (1B) The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture. (1C) The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act. (1D) The Governor in Council may by the same or a subsequent regulation constitute a board in relation to the commodity so declared, and extend the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary to meet the particular circumstances, to such commodity and the board so constituted and all persons, things, and matters concerned. (1E) Thereupon the provisions of this Act, either wholly or with such modifications or additions as aforesaid, shall apply and extend to such commodity and board and all persons, things, and matters concerned. (1F) The Governor in Council by regulation may prescribe penalties for any contravention of or failure to comply with any provision of a regulation

s 9 12 s 9 Primary Producers’ Organisation and Marketing Act 1926 under this section in relation to any commodity (whether such commodity is declared as such by this section or by regulation under this section). (1G) Where by a regulation under this section in relation to any commodity the Governor in Council has extended (whether wholly or with any modifications thereof or additions thereto) any of the provisions of this Act to such commodity such provisions as so extended or added shall for the purposes of subsection (1F) be deemed to be provisions of the regulation. (1H) A prescription under subsection (1F) may, in relation to any commodity, provide for— (a) a maximum penalty not exceeding 20 penalty units; (b) in the case of an offence which is continued by the offender after the offender has been convicted therefor—a daily penalty not exceeding 2 penalty units, which daily penalty may be provided additionally to any other amount of penalty which may be provided pursuant to this subsection; (c) an increased penalty for a second or subsequent offence, whether committed against the same or a different provision of a regulation, but so that the maximum amount of penalty for a second or subsequent offence shall not exceed 40 penalty units. (1I) Where a commodity has been declared by regulation and a board has been constituted in relation to the commodity so declared pursuant to subsection (1D), the Governor in Council may by regulation limit the definition of the commodity so declared by reference to any 1 or more of the following— (a) the variety, type, class or category of the commodity; (b) the growers, or any class or classes thereof, of the commodity; (c) the district or locality in which the commodity is produced. (1J) On and from the date of the regulation, the commodity in question shall be a commodity under and for the purposes of this Act only to the extent that it has been so defined. (2) Any such petition as aforesaid may also contain a request that the board to be constituted shall acquire the commodity as the owners thereof.

s 9 13 s 9 Primary Producers’ Organisation and Marketing Act 1926 (2A) In such case and without limiting in anywise the power conferred in subsection (1I), the Governor in Council may by regulation provide and declare that the commodity shall forthwith, upon the making of the regulation or on and from a date to be fixed by the regulation or at a point, stage or time within the growing cycle of the commodity or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of the board as the owners thereof, and may make such further provision as will enable the board effectively to obtain possession of the commodity as such owners and to deal with the same as may be deemed necessary or convenient in order to give full effect to the objects and purposes for which the board is constituted. (2B) However, the regulation shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the board of the commodity under the regulation. (2C) Where a regulation has been made, under the provisions of subsection (2A), prior to the commencement of the PrimaryProducers’Organisation and Marketing Act Amendment Act 1987 , section 9, in respect of a commodity, the Governor in Council may by another regulation provide and declare that after the making of that lastmentioned regulation the commodity shall from and after a specified point, stage or time within the growing cycle of the commodity be divested from the growers and become vested in and be the property of the board concerned. (3) In any case where a board has been duly constituted (whether under this Act or any Act hereby repealed) for a commodity by a regulation, but no provision was made in the regulation for the acquisition as owners by such board of the commodity from the growers thereof, and a petition to the Governor in Council signed by 50 growers of the commodity (or such other number of growers as may be approved) requests that such board shall acquire the commodity as the owners thereof, the Governor in Council may, by another regulation made with respect to such board and the commodity, provide and declare that the commodity shall forthwith, upon the making of the subsequent regulation or on and from a date to be fixed by the subsequent regulation or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of such board as the owners thereof, and may in the regulation make such further provision as will enable such board

s 9 14 s 9 Primary Producers’ Organisation and Marketing Act 1926 effectively to obtain possession of the commodity as such owners and to deal with the same as may be deemed necessary or convenient. (3A) However, a regulation under the provisions of subsection (3) shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the board of the commodity under the regulation. (4) By regulation under this section the classes of persons who shall be deemed to be growers of a commodity and the method of choosing the representatives of such growers may be declared. (4A) However, in declaring the constitution of the board and the number of representatives to be chosen the Governor in Council shall have due regard to any representations by the growers made in any petition or memorial to the Minister by them. (4B) Subject to this Act, the members of a board constituted under this section shall hold office for a period of 3 years, but every such member shall be eligible for re-election. (4C) However, the Governor in Council by regulation may at any time prior to the expiration of the period of office of the members of any board extend that period and thereafter may further extend that period from time to time. (4D) However, no such extension or further extension shall be for a period exceeding 3 months. (4E) However, the Governor in Council shall not make any such extension or further extension— (a) unless the Governor in Council is satisfied— (i) that proposals exist to amend provisions of a regulation relating to the election of representatives of growers to the board concerned; or (ii) that an emergency exists in relation to the marketing of the commodity concerned; (b) if as a result of such extension or further extension the period of office of such members would exceed 4 years. (5) Notice of intention to make a regulation under subsection (1D), (2A),

s 9 15 s 9 Primary Producers’ Organisation and Marketing Act 1926 (2C), (3) or (6B) conferring upon a board which is not a marketing board the additional power to undertake the functions of marketing the commodity, shall be published in the gazette and in such newspaper or newspapers as the Minister may direct at least 30 days before the making of the regulation. (5A) Within 30 days of the publication of that notice, 10 growers of the commodity concerned (or such other number of growers as may from time to time be approved) in the district or locality to which the regulation is intended to apply, may petition the Minister that a poll be taken of all growers of the commodity residing in that district or locality upon the question of whether the regulation should be made and, in the event of such petition, a poll shall be conducted by the department. (5B) Following that poll, the regulation must not be made unless— (a) not less than 50% of growers of the commodity eligible to vote on any such question have duly exercised their right to vote in the poll; and (b) not less than 60% of the valid votes cast are in favour of the making of the regulation. (5C) For the purposes of subsections (5A) and (5B) the department is hereby authorised to compile a list of the voters who shall be so eligible to vote. (5D) Any such list shall be conclusive evidence of the eligibility of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculations under subsection (5B). (5E) In respect of any vote of the growers concerned which may be taken after the passing of the Primary Producers’ Organisation and Marketing Act Amendment Act 1928 on the question whether a regulation shall be made declaring that any commodity (not being a commodity in respect of which a commodity board has been already constituted and is in existence at the passing of such lastmentioned Act) shall be a commodity under and for the purposes of this Act, or that a board shall be constituted in relation to such commodity so declared, any such vote (notwithstanding that three-fifths of the votes polled are in favour of the making of the regulation) shall not be carried unless not less than 50% of the voters who are eligible to vote on any such question as aforesaid have duly exercised their right to

s 9 16 s 9 Primary Producers’ Organisation and Marketing Act 1926 vote. (5F) For the purposes of subsection (5E) the department is hereby authorised to compile a list of the voters who shall be so eligible to vote. (5G) Any such list so compiled shall be conclusive evidence of the title of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculation as to whether or not not less than 50% of the voters so eligible to vote had duly exercised their right to vote accordingly. (6) Notwithstanding anything in this Act contained, a regulation may limit the powers, authorities, duties, and functions of the board under this Act so that the board shall not be a marketing board. (6A) In such case, by the regulation or by a subsequent regulation the powers, authorities, duties, and functions of the board (other than the functions of marketing) may from time to time be defined and declared. (6B) However, where the board has been originally constituted with powers, authorities, duties, and functions other than the functions of marketing, by a subsequent regulation the power to undertake the functions of marketing the commodity for which the board was constituted may be conferred upon the board. (7) A regulation made under this section may be of limited duration or may be made with respect only to certain specified districts or localities. (7A) Any such regulation may fix a date on and after which the functions of the board under this Act shall cease. (7B) Any such regulation may provide that different terms and conditions of delivery, marketing, or sale shall apply to different portions of the commodity according as such portions thereof are manufactured or sold or intended to be sold in different districts or localities. (7C) Such terms and conditions may be applied by the regulation whereby this Act shall be or shall have been applied to the commodity either wholly or with or without modifications or additions or by a regulation amending the same. (7D) Where a commodity or commodities has or have been declared by regulation and a board constituted by the same or a subsequent regulation with respect only to a specified district or locality, and such board satisfies

s 9 17 s 9 Primary Producers’ Organisation and Marketing Act 1926 the Minister that the common interest of and community of interest between growers within such district or locality and growers without such district or locality in respect of any commodity or commodities for which such board was constituted will be best served by including such lastmentioned growers within such district or locality the Minister may recommend accordingly to the Governor in Council. (7E) Upon such recommendation the Governor in Council may by regulation extend the specified district or locality with respect to which the commodity or commodities have been declared (and either with respect to all of such commodities or with respect to any 1 or more of them) and the board constituted as abovementioned so as to include the lastmentioned growers. (7F) However, any other district or locality to be included in a specified district or locality by any such extension shall be contiguous to the specified district or locality concerned, and no part of such other district or locality shall be distant more than 80 km from the boundary of such specified district or locality. (7G) In the exercise of the powers by subsection (7E) conferred upon the Governor in Council, and for the purpose of carrying into full effect the objects and purposes of this Act, the Governor in Council may by regulation make all such adjustments and give all such directions as appear to the Governor in Council necessary to meet the circumstances. (7H) With respect to any commodity or commodities and the board constituted therefor the Governor in Council may, from time to time, by regulation make such provisions as are in the Governor in Council’s opinion necessary, convenient, or expedient for all or any purposes of— (a) the licensing by the board of the carriage by road of any of the commodity or commodities; prescribing the circumstances under which the carriage by road of any of the commodity or commodities is prohibited save under the authority of a licence by the board (which circumstances may be prescribed by reference, by way either of inclusion or exclusion, to persons, classes of persons, roads, descriptions of vehicles, localities, or in any other manner sufficient in the opinion of the Governor in Council); prescribing, regulating, and controlling applications for, (and for the renewal of) such licences, and the issue, renewal, cancellation,

s 9 18 s 9 Primary Producers’ Organisation and Marketing Act 1926 or suspension, and tenure thereof; (b) the stopping and entry on or into, and inspection on roads of vehicles carrying or suspected of carrying thereon any of the commodity or commodities contrary in any respect to the requirements of this Act or in the course of, or for the purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect of the requirements of this Act; (c) the seizure and delivery to the board of any commodity found being carried on or in any vehicle on a road as specified in paragraph (b); and the things and steps to be done and taken by the driver or person in charge of any vehicle for effecting such a delivery; and ensuring against the prevention or obstruction of any such delivery; (d) the information and particulars in relation to the owner, producer, consignor, and consignee of the commodity, and otherwise in relation thereto, to be furnished by the driver or person in charge of any vehicle carrying any of the commodity or commodities on a road to a person by whom that vehicle is stopped under the authority of this Act; requiring the furnishing on demand of such information and particulars, and prohibiting the furnishing of any such information or particulars which is or are in any respect false or misleading; (e) returns showing the quantities respectively of the commodity, or of any of the commodities held by the grower at the commencement of the period to which the return relates, produced by the grower during that period, and held by the grower at the end thereof and showing the quantity of the commodity, or of any of the commodities disposed of by the grower during such period (stating purposes for which the grower himself or herself has used any thereof and the quantities thereof used for those purposes respectively), and stating the names and addresses of all persons to whom the grower has disposed of any quantities thereof during such period, and the amounts of those quantities respectively; requiring the furnishing to the board by growers of such returns at any time or from time

s 9 19 s 9 Primary Producers’ Organisation and Marketing Act 1926 to time; and prohibiting the furnishing of such a return which is in any respect false or misleading; (f) inspection of books, documents, and records pertaining to the business of any grower who is suspected of having sold, supplied, or otherwise disposed of any of the commodity or commodities, contrary in any respect to the requirements of this Act, and of any person who is suspected of having bought or otherwise obtained, either as principal or agent, any of the commodity or commodities contrary in any respect to the requirements of this Act; authorising, regulating, and controlling entry and re-entry into or upon any land, premises, or place for making such inspections; defining powers of searching for, inspecting and taking copies of, or extracts from books, documents, and records as aforesaid, and the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised of their powers as aforesaid; and ensuring against the prevention of the exercise, or obstruction in the exercise of, any such powers; (g) entry into or upon, and inspection and examination of, any land, premises, or place (and of all structures, vehicles, and things therein or thereon) where there is, or is suspected to be, any of the commodity or commodities; the inspection and examination of any of the commodity or commodities found upon such entry; the seizure of any thereof which is, or is suspected to be, in or on the land, premises, or place (including in or on any structure, vehicle, or thing) in question contrary in any respect to the requirements of this Act or in the course of, or for a purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect and by any person whomsoever of the requirements of this Act; the delivery to the board of any of the commodity or commodities so seized; defining powers of entry, inspection, examination, and seizure as hereinbefore mentioned in this paragraph; the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised

s 9 20 s 9 Primary Producers’ Organisation and Marketing Act 1926 of those powers, and ensuring against prevention of the exercise or obstruction in the exercise of those powers; (h) records of purchases of the commodity or any of the commodities to be made and kept by persons engaged, whether as principals or agents, in buying and selling the same; the manner of the making and keeping of those records; the place where and time during which they are to be kept; the information and particulars to be thereby recorded; requiring persons hereinbefore mentioned in this paragraph to make and keep those records; and prohibiting the making or keeping of any such record which is in any respect false or misleading; (i) the division of the State into zones or, where the commodity is declared to be such under and for the purposes of this Act within specified districts or localities, the division of such districts or localities into zones; determining with reference to a period or periods specified the maximum quantity of the commodity produced in any zone which shall vest in and become the property of the board or which shall be delivered to the board or its authorised agents; determining in relation to a grower (the identity of whom may be established by the grower being in a specified zone, class or area or by any other manner considered sufficient by the Governor in Council) the maximum quantity of the commodity or commodities produced by the grower which, with reference to a period or periods specified, shall be vested in and become the property of the board or which shall be delivered to the board or its authorised agents; declaring with reference to the period or periods specified that in relation to the zone or zones specified (which periods may be specified differently in relation to different zones) the commodity or commodities grown therein shall not vest in and become the property of the board or shall not be required to be delivered to the board or its authorised agents; (j) the pooling of so much of the commodity vested or becoming the property of the board or delivered to the board or its authorised agents as was produced in any zone or zones differently from so much thereof as was produced in another zone or other zones, and either with or without reference to a period of time.

s 10 21 s 10 Primary Producers’ Organisation and Marketing Act 1926 (8) A regulation under subsection (7H), and every licence issued by a board by virtue of a regulation under subsection (7H), shall apply subject to, and so as not to authorise, justify or excuse any act or omission which is an offence against, the TransportOperations(RoadUseManagement)Act1995 or the Acts mentioned in schedule 2, part 1 of that Act. 4 ˙ Board may control several commodities 10.(1) The powers conferred upon the Governor in Council by section 9 to declare any of the commodities in section 9(1) to (1C) mentioned to be a commodity under and for the purposes of this Act and to constitute a board in relation to such commodity and otherwise to exercise the powers in section 9 vested in the Governor in Council shall, in a case where the Governor in Council thinks it proper so to do, be construed so as to confer upon the Governor in Council the power to declare 2 or more of the said commodities to be commodities under and for the purposes of this Act, and to constitute a board in relation to all of the said commodities and otherwise to exercise the powers conferred upon him or her by section 9 in relation to the said commodities and the said board, so that the said board shall have the same powers, authorities, duties, and obligations with respect to all the said commodities as if all of them were one and the same commodity. (2) However, in every such case— (a) the provisions of section 9 shall, as nearly as practicable, be applied with respect to the said commodities and the said board and all persons, matters, and things concerned; (b) unless the Governor in Council by regulation otherwise directs, for the purposes of all matters arising precedent to the making of a regulation under section 9 and this section each of the commodities proposed to be so declared to be a commodity under and for the purposes of this Act shall be treated as a separate commodity so that the growers thereof shall have the same right of petition and the same right to request a poll before a regulation is made as if the board were proposed to be constituted solely for that commodity; in such case, however, if as a result of 4 Schedule 2 (Repealed Acts)

s 10A 22 Primary Producers’ Organisation andMarketing Act 1926 s 10A a poll or polls of the growers of 1 or more of such commodities the Governor in Council is precluded from declaring that commodity or those commodities to be a commodity or commodities under and for the purposes of this Act, the Governor in Council shall not be precluded from declaring any other commodity or other commodities the growers of which so desire (either by not requesting a poll or by an affirmative vote upon a poll) to be a commodity or commodities under and for the purposes of this Act and constituting a board therefor; (c) the powers by this section conferred upon the Governor in Council may be exercised by the Governor in Council so that a new commodity or new commodities may be declared as aforesaid and the same or any of them placed under the control of a board already constituted for another commodity. In such case the provisions of paragraphs (a) and (b) shall be applied as nearly as may be, with such modifications as are necessary to meet the particular circumstances of the case; (d) in the exercise of the powers in this section, the Governor in Council may, by regulation make all such adjustments and give all such directions as appear to the Governor in Council to be necessary to meet the circumstances. The Governor in Council may also, where a board is constituted for several commodities, make such provision for the representation of the growers of each of such commodities on the board as the Governor in Council deems proper. ˙ Existing boards 10A.(1) Notwithstanding anything in this Act contained to the contrary, at any time convenient before the date on which by regulation the functions of any existing board under this Act (whether constituted before or after the passing of the Primary Producers’ Organisation and Marketing Act Amendment Act 1928) shall cease, the Governor in Council may, by regulation and by notification published in at least 1 newspaper normally circulating in the board’s area of operation, give notice that it is the intention of the Governor in Council to extend the duration of such board whereby the board shall continue to function for such extended term from the date as

s 10A 23 Primary Producers’ Organisation andMarketing Act 1926 s 10A aforesaid as may be specified in the regulation giving such notice as aforesaid. (2) Moreover the Governor in Council, in the regulation giving such notice as aforesaid, may declare that the Governor in Council will receive a petition from the growers of the commodity residing in the district or locality to which the regulation constituting the board concerned applies and who are engaged in the production of the commodity concerned and who have supplied their product to the board concerned, requesting that a vote of such growers may be taken on the question as to whether the functions of the board concerned shall cease with respect to such commodity on the date as fixed by the regulation constituting the board, or whether the board shall continue to function for such extended term from the date aforesaid as may be specified in the regulation giving notice as aforesaid. (3) If a petition is received within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid, requesting that a vote be so taken, the Minister may direct that such vote be taken accordingly. (4) A vote of such growers shall accordingly be taken, and, if less than one-half of the votes polled are in favour of the continuance by the board of its functions, the board shall cease to function as at the date fixed by the regulation in the first instance. (5) If, however, not less than one-half of the votes polled are in favour of the continuance by the board of its functions or if no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section 10B, then the Governor in Council, by regulation, shall direct and declare that the commodity for which the board was constituted shall continue to be a commodity for the purposes of this Act, and, that the board shall continue to function for such extended time as is specified in the regulation giving notice as aforesaid, and such board shall be and be deemed to be a board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances, shall apply and extend to such commodity and board and all persons, things, and matters concerned. (6) However, if within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid no petition is received, or if any

s 10A 24 Primary Producers’ Organisation andMarketing Act 1926 s 10A petition is received but which is signed by less than the requisite number of growers as is prescribed by section 10B, then the Governor in Council, without the holding of any vote, shall, by regulation, direct and declare that the commodity for which the board was constituted shall continue to be a commodity for the purposes of this Act, and, that the board concerned shall continue to function for such extended term as may be specified in the regulation giving notice as aforesaid, and such board shall be and be deemed to be a board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances, shall apply and extend to such commodity and board and all persons, things, and matters concerned. (7) For the purposes of this section, the time within which any such existing board may continue to function is hereby declared to be extended for such additional period as may be required to enable all the provisions of this section to be complied with; and such board shall so continue to perform its duties and exercise its functions during such extended period accordingly, notwithstanding that its term as fixed by the regulation constituting the board concerned has expired. (8) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (9) The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. (10) Where immediately prior to the extension or further extension of the duration of a board, the commodity in relation to which the board is constituted is divested from the growers thereof and vested in and the property of the board, then that commodity shall (unless otherwise provided and declared by the Governor in Council by the regulation extending or further extending the duration of the board) continue to be divested from the growers thereof and to be vested in and the property of the board during the

s 10B 25 Primary Producers’ Organisation andMarketing Act 1926 s 10C term for which its duration is extended or further extended, or until sooner otherwise provided and declared by the Governor in Council by regulation. (11) With respect to every extension or further extension of the duration of a board made pursuant to this section before the enactment of subsection (10), subsection (10) applies as if it had been enacted prior to the time of the extension or further extension. ˙ Petition for continuance or otherwise of board 10B. In respect of any petition which may be forwarded to the Governor in Council or the Minister pursuant to the provisions of this Act, requesting that a vote be taken as to whether any existing board under this Act (whether constituted before or after the passing of the Primary Producers’ Organisation and Marketing Act Amendment Act 1928 ) should continue to function or should not continue to function or otherwise, such petition shall not be of any effect nor be taken into consideration unless such petition is signed by not less than 10% of the growers engaged in the production of the commodity concerned, and who have supplied their product to the board accordingly. ˙ Amalgamation of boards 10C.(1) Notwithstanding anything in this Act contained to the contrary, the Governor in Council may, by regulation, give notice that it is the intention of the Governor in Council to direct that any board or boards constituted or hereafter to be constituted under this Act shall become amalgamated as one joint board, whereby such joint board shall exercise all the powers and perform all the functions and undertake all the responsibilities of such amalgamated boards, as a joint board accordingly. (2) The regulation shall also specify the number of members which shall constitute such proposed joint board, the appointment or election thereof, and any other matters and things whatever which may be considered necessary under the circumstances. (3) Moreover the Governor in Council, in the regulation giving notice as aforesaid, may declare that the Governor in Council will receive a petition from the prescribed number of growers of the commodities to which any

s 10C 26 Primary Producers’ Organisation andMarketing Act 1926 s 10C board proposed to be amalgamated with any other board or boards applies, and who are engaged in the production of the commodities concerned, requesting that a vote of such growers may be taken on the question as to whether any such amalgamation as specified in the notice aforesaid shall be approved or not approved. (4) If a petition is received within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid requesting that a vote be so taken, the Minister may direct that such vote shall be taken accordingly. (5) A vote of such growers shall accordingly be taken, and if less than one-half of the votes polled are in favour of such amalgamation of the boards concerned, such amalgamation shall not be given effect to. (6) If, however, not less than one-half of the votes polled are in favour of such proposed amalgamation as aforesaid, then the Governor in Council, by regulation, shall direct and declare that the proposed amalgamation of the boards concerned as specified in the regulation giving notice as aforesaid shall be approved and given effect to, and shall specify in the regulation the date as from which such approved amalgamation of the boards concerned shall take effect. (7) And from such date, such joint board, upon being duly constituted, shall be and be deemed to be a board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the joint board concerned and all persons, things, and matters concerned. (8) However, if, within 30 days from the date of the notification in the gazette of the regulation giving notice as aforesaid, no petition is received, or if any petition is received but which is signed by less than any requisite number of the growers concerned as may be prescribed in the regulation giving notice as aforesaid (authority to so prescribe being hereby given), then the Governor in Council, without the holding of any vote, shall, by regulation, direct and declare that the proposed amalgamation of the boards concerned as specified in the regulation giving notice as aforesaid shall be approved and given effect to, and shall specify in the regulation the date as from which such approved amalgamation of the boards concerned shall

s 10C 27 Primary Producers’ Organisation andMarketing Act 1926 s 10C take effect. (9) And from such date such joint board, upon being duly constituted, shall be and be deemed to be a board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the joint board concerned and all persons, things, and matters concerned. (10) On the amalgamation of any boards into a joint board pursuant to the provisions of this section, any such board concerned shall cease to be a board for the purposes of this Act, and its members, officers, and employees shall go out of office, and any such board shall cease and determine accordingly. (11) However, the joint board may appoint any officers and employees which it may consider necessary for the due exercise of its powers and for the performance of its functions. (12) If upon or within 3 months after the amalgamation, the joint board employs any officer or employee of a board included in the amalgamation, then for the purpose of determining, in relation to the officer’s or employee’s employment by the joint board, the right of such officer or employee to annual leave, sick leave or long service leave, or any other right or privilege had by him or her in respect of his or her employment by the joint board, the periods of his or her service with the board and the joint board respectively which, if they were one and the same employer, would aggregate unbroken continuous service under and for the purposes of the Industrial Conciliation and Arbitration Act 1961 , section 17, shall be taken into account in calculating the length of his or her continuous service with the joint board. (13) However, in determining any right or privilege of such an employee in relation to the employee’s employment by the joint board, any period of service had by the employee with the board included in the amalgamation in respect whereof the employee has received that right or privilege shall not be taken into account. (14) All the property and all other assets of whatever description, and all rights, liabilities, obligations, and contracts of any board concerned and each

s 10D 28 Primary Producers’ Organisation andMarketing Act 1926 s 10D of them existing at the date specified in the regulation above referred to as from which such approved amalgamation of the boards concerned into the joint board concerned shall take effect, shall, without any transfer, assignment, or conveyance, or notice other than the regulation, be divested from the boards concerned, and shall be vested in and shall attach to and may be enforced by and against the said joint board. (15) All proceedings and things lawfully had and done by the boards concerned respectively shall be and continue to be in full force and effect to all intents and purposes as if the same had been done by the joint board, and if the same are not completed may be continued and completed by the joint board. (16) For the purposes of this section the committee of direction constituted under the FruitMarketingOrganisationAct1923 , shall be deemed to be a board. (17) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (18) The power to make regulations under this Act shall extend and apply to the provisions of this section and, where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. ˙ Further powers of Governor in Council as to boards 10D.(1) The Governor in Council may, by regulation, extend the provisions of section 10A or 10C (either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances) whereby any commodity or class of commodities may be separated from the control of any board constituted in respect thereof, and dealt with pursuant to any terms, provisions, and stipulations contained in a regulation under this section. (2) The provisions of sections 10A and 10C may in like manner be extended to embrace and include any matter concerning the subdivision,

s 11 29 s 11 Primary Producers’ Organisation and Marketing Act 1926 reconstruction, or otherwise of any board under this Act and being the subject of a regulation under this section. (3) For the purposes of this section the committee of direction constituted under the Fruit Marketing Organisation Act 1923 shall be deemed to be a board. (4) Moreover, the provisions of this section shall be read and construed whereby any of the classes (or part of any class) of fruit as set forth in the Fruit Marketing Organisation Act 1923 , section 11(1), namely—bananas, pineapples, deciduous fruit, citrus fruit, other fruits, may be separated from the functioning by and control of the committee of direction appointed under such lastmentioned Act, and declared to be a commodity under the Primary Producers’ Organisation and Marketing Act 1926 , in respect of the class (or part of the class) of fruit concerned; and this section and a regulation thereunder shall extend and apply accordingly. (5) The committee of direction, in respect of the class (or any part of the class) of fruit not dealt with pursuant to the provisions of this section, shall, subject to this Act and the Fruit Marketing Organisation Act 1923 , continue to function in respect of such class (or part of the class) of fruit not so dealt with. (6) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (7) The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. ˙ Commodity board 11.(1) The Minister shall, as soon as practicable after the application of this Act to a commodity, appoint a board, of the prescribed number of elected representatives of the growers of the commodity. (1A) The Minister shall appoint the director of marketing as an additional

s 11 30 s 11 Primary Producers’ Organisation and Marketing Act 1926 member thereof in cases where the board is the marketing board for the commodity. (1B) The Minister may appoint 1 or more persons, in every case, with general authority to act in the room of the director of marketing during any absence of the said director, and the fact that any one of those appointees so acts shall be conclusive evidence of the absence of the said director. (1C) The Minister shall, on the recommendation of the board pursuant to resolution at their first meeting, appoint 1 of the members to be chairperson of the board. (1D) However, on failure of the board to pass such resolution the Minister shall appoint 1 of the members to be chairperson without such recommendation. (1E) The Minister may, after consultation with the particular board, appoint such additional person or persons (but so that the maximum number of persons so appointed and holding office at any one time shall not exceed 3), being a person or persons with qualifications or experience relevant to the operations of the particular board, to be a member or members, as the case may be, of a marketing board. (1F) In making any such appointment, the Minister shall ensure that in consequence— (a) a majority of members of the board are elected representatives of growers; and (b) the chairperson is an elected representative of growers; and (c) no employee of the board is appointed as an additional member of the board. (1G) The Minister may request the board to supply a panel of names from which the Minister may select the person or persons as described in subsection (1E). (1H) Subject to this Act, a person or persons appointed to be a member of a marketing board pursuant to subsection (1E) shall hold office for the balance then remaining of the term then current of the elected representatives of growers on the board. (2) The board shall not be deemed to represent the Crown for any

s 11 31 s 11 Primary Producers’ Organisation and Marketing Act 1926 purpose whatsoever. (3) Except where the board is a producer representative body within the meaning of section 30C, the board shall be called ‘the [ name of commodity ] board’, or, if the board has power to undertake the functions of marketing the commodity for which it is constituted, ‘the [ name of commodity ] marketing board’ and shall have the powers and perform the duties conferred and imposed upon them by this Act. (3A) Moreover if any board is constituted for a district or locality its name shall include a word or words indicating such district or locality. (3B) The members of the board shall be paid such remuneration from the funds of the board as may be approved. (3C) A board may, subject to the approval of the Minister, carry on business under a business name registered under the BusinessNamesAct1962 . (4) If the Governor in Council is satisfied that the chairperson or any member of a board has contravened or failed to comply with any provision of this Act or of any other Act relating to such board the Governor in Council may, and whether or not such chairperson or member has been convicted of such contravention or omission, remove or suspend such chairperson or member from his or her office as such. (4A) However, the chairperson of a board removed or suspended from the chairperson’s office as such under subsection (4) shall be eligible to continue as a member of the board unless the Governor in Council upon so removing the chairperson otherwise directs. (4B) For the purposes of subsections (4) and (4A) the committee of direction appointed under the Fruit Marketing Organisation Act 1923 , shall be deemed to be a board. (5) The board shall cause minutes of their decisions to be kept. (6) The board may sue and be sued in its official name. (7) No act or proceeding purporting to be done or made by the board shall be or be held to be invalid by reason that the board was not properly constituted or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the board.

s 11A 32 Primary Producers’ Organisation andMarketing Act 1926 s 11A (8) In the event of any vacancy on any board arising from the death, resignation or disqualification of any member or from any other cause the Minister may, at the Minister’s discretion— (a) if the vacancy is in respect of an elected member— (i) appoint a person to fill the vacancy; or (ii) direct that a by-election be held to fill that vacancy pursuant to section 52; (b) if the vacancy is in respect of a member appointed pursuant to subsection (1E), appoint a person in accordance with that subsection; and the person so elected or appointed shall hold office for the balance then remaining of the term of office of the elected representatives of growers on the board. (9) The Minister may request the board to supply a panel of names from which the Minister may select a replacement member in respect of any vacancy of a kind referred to in subsection (8)(a)(i) or (b). (10) In the event of any vacancy occurring in the position of chairperson of a board, the Minister shall on the nomination of the board appoint another elected member of the board to be chairperson for the balance then remaining of the current board’s term of office. (11) Schedule 2, part 1 shall apply in respect of meetings of marketing boards. ˙ Further powers of commodity board 11A.(1) In addition to any other duties and functions conferred and imposed upon it under this Act, a board appointed with respect to a commodity shall be concerned with the preservation, expansion, and economic well-being of the industry which the board so represents, and shall be the medium of communication between the Government and all persons engaged in or associated with such industry. (2) Such board shall take cognisance of all agricultural and marketing problems arising out of or associated with its particular industry.

s 11B 33 Primary Producers’ Organisation andMarketing Act 1926 s 11C ˙ Failure to elect or appoint representative 11B. If any association or body of persons fails to elect its prescribed representative or representatives on any board, the Governor in Council may notwithstanding such failure to elect, appoint any person or persons to be such prescribed representative or representatives. ˙ Termination of term of office of board 11C.(1) Notwithstanding any other provisions of this Act, the Governor in Council may by gazette notice terminate the term of office of the chairperson and members of a board— (a) if a petition signed by not less than 50% of the growers of the commodity requesting termination of the board is received by the Minister; and (b) if— (i) in the opinion of the Governor in Council it is in the interests of the growers of the particular commodity for the term of office of the chairperson and members of the board to be terminated; or (ii) a majority of the elected members of a board have resigned or otherwise vacated their office; whereupon the chairperson and members of the board shall forthwith vacate office. (2) The Governor in Council may by the same or a subsequent gazette notice appoint a person to be the administrator of the board who shall be deemed to constitute the board and may exercise and shall discharge the powers, authorities, functions and responsibilities of the board. (3) The person appointed as administrator of a board pursuant to subsection (2) shall— (a) hold office until the first meeting of the board held following the appointment of new members of the board pursuant to subsection (4) or until the administrator’s appointment is sooner terminated by the Governor in Council; and (b) be paid such remuneration as may be approved by the Governor

s 11D 34 Primary Producers’ Organisation andMarketing Act 1926 s 11E in Council. (4) Where the term of office of the members of a board is terminated pursuant to subsection (1) the Minister shall arrange, at such time as the Minister thinks fit, for the election and appointment of members to the board. ˙ Confidentiality of members of a board 11D.(1) A person who is a member of a board shall preserve and aid in preserving secrecy in respect of any matter that the board has determined, by formal resolution, to be a matter which should be treated as confidential and shall not communicate any such matter to any person except— (a) to the Minister, the chief executive or the auditor-general; or (b) to a lawfully constituted court or tribunal; or (c) in the course of carrying out the person’s duties in the manner approved by the board. (2) If the Minister is satisfied, following a report of the board, that a person has contravened the provisions of subsection (1), the Minister may by notice in writing remove that person from office as a member of the board. ˙ Vacation of office 11E. A person who is a member of a board shall be deemed to have vacated office as such member— (a) in the event of the person’s resignation, upon the receipt by the Minister of the person’s notice of resignation; or (b) in the event of the person’s absence, without first obtaining leave of the board, in writing, from 3 consecutive ordinary meetings of the board of which notice has been duly given to the person; or (c) if the person is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (d) if the person has been convicted in Queensland of an indictable

s 12 35 s 12 Primary Producers’ Organisation and Marketing Act 1926 offence or has been convicted elsewhere than in Queensland of an act or omission that if done or made in Queensland would have constituted an indictable office; or (e) if the person is removed from office by the Minister for failure to comply with the provisions of section 11D; or (f) if the person is a patient within the meaning of the Mental HealthAct 1974 . ˙ Boards not to be concerned in party politics 12.(1) A board must not— (a) use its funds for— (i) a commodity that is not a commodity under this Act; or (ii) a political party; or (b) affiliate with a body, association or organisation that supports the politics, programs or aims of a political party. (2) If at any time the Governor in Council is satisfied that a board has contravened this Act the Governor in Council may, by regulation, remove all or any of the members of the board and appoint persons to be members thereof in place of the persons so removed. (3) The Governor in Council may by that regulation or by a later regulation direct that an election of persons to take the place of the persons removed as aforesaid be held and may give all such directions as the Governor in Council deems necessary with respect to the holding of that election. (4) Persons appointed by the Governor in Council to take the place of those removed from office as aforesaid shall, subject to this Act, hold office pursuant to such appointment for the remainder of the term of office of those removed persons unless an election is sooner held as aforesaid when they shall go out of office upon the conclusion of that election. (5) The Governor in Council may exercise powers under this section even if the board has not been prosecuted, or is not liable for, a contravention of this Act.

s 13 36 s 13 Primary Producers’ Organisation and Marketing Act 1926 (6) Where any producers of a particular commodity to which this Act does not apply are desirous of having this Act applied with respect to such commodity, such producers may with the approval of the Minister form a provisional executive, and such executive may raise funds in such manner as the Minister approves for the purpose of taking any poll as prescribed with respect to such commodity and of discharging all such other financial obligations as may be incurred with respect to the application of this Act to the commodity concerned. ˙ General powers of board 13.(1) A board has, and is hereby deemed to have always had the following powers and for the purposes of this Act may exercise all or any of them— (a) purchase, contract for the use of, or otherwise provide and hold any land which may be required by the board, and any personal property whatsoever; (b) contract for the use of or erect or otherwise provide any buildings or structures, and repair, equip, furnish, and maintain the same; (c) dispose of any property held by them under the foregoing provisions in paragraphs (a) and (b) contained, for such price and on such terms and conditions as to the board seem proper or as may be prescribed; (d) with the prior approval of the Minister, to acquire, hold and dispose of shares in a corporation, being a corporation within the meaning of the Corporations Law or in a cooperative registered under the Cooperatives Act 1997 whose members are primary producers; (e) take such action as may be approved for, and cooperate with the department and other approved bodies and persons in— (i) studying markets, accumulating data regarding marketing processes and costs, disseminating correct market information, and eliminating waste and unnecessary marketing expenses; (ii) generally doing all such things and taking all such steps as

s 13A 37 Primary Producers’ Organisation andMarketing Act 1926 s 13B may from time to time be approved for the protection, advancement, or furtherance of the industry in respect of which it was constituted or of the producers engaged in that industry. (2) The committee of direction of fruit marketing is taken to be a board for the purposes of subsection (1)(d). ˙ Fraud by officers etc. of board 13A. If an officer of a board or any other person on its behalf signs, issues or authorises to be signed or issued on behalf of the board any bill of exchange, promissory note, cheque or other negotiable instrument or any endorsement, order, receipt or letter of credit wherein the name of the board is not mentioned, the officer or other person shall be guilty of an offence against this Act and where he or she has so signed, issued or authorised he or she shall in addition be liable to the holder of the instrument or order for the amount due thereon unless it is paid by the board. ˙ Powers of affiliated body 13B.(1) An affiliated body shall not act in concert or association with a board in any matter in which the board itself does not have the power to act unless the Minister gives approval in writing for such affiliated body so to act. (2) An approval pursuant to the provisions of subsection (1) may be granted— (a) in respect of— (i) a specific power or matter; or (ii) a number of specific powers or matters; (b) for a specific period or without limit of time. (3) An approval pursuant to the provisions of subsection (1) may be revoked at any time by the Minister in writing addressed to the chief executive officer of the affiliated body at the registered office of that body.

s 13C 38 Primary Producers’ Organisation andMarketing Act 1926 s 14 ˙ Minister’s directions 13C.(1) The Minister may from time to time prepare and issue instructions to a board or an affiliated body ( “the Minister’s directions” ) in respect of— (a) the principles, practice and procedure to be observed in the establishment and maintenance of accounts; and (b) the form and content of the annual statement of accounts; and (c) the form and content of the annual report; and (d) any other related matter as may be prescribed. (2) The Minister may at any time amend, alter or vary the Minister’s directions so issued. (3) A board and an affiliated body shall comply with the Minister’s directions. (4) The director of marketing shall report to the Minister every instance which comes to the director’s notice of the failure of a board or an affiliated body to comply with the Minister’s directions. PART 4—MARKETING ˙ Powers of marketing board 14.(1) Subject to this Act a marketing board may market or arrange for the marketing of the commodity and do all acts, matters, and things necessary or expedient in that behalf accordingly; and in particular, but without limiting the generality of the foregoing powers, may— (a) appoint, employ, or authorise such officer, servant, and other persons as are necessary; and (b) appoint, employ, or authorise such agents as are deemed necessary and imposing such conditions of agency as the board may deem proper, or as may be approved, or as may be prescribed; and

s 14 39 s 14 Primary Producers’ Organisation and Marketing Act 1926 (c) as far as practicable provide the commodity for consumption in Queensland, and for its supply during any period of shortage to those places within Queensland wherein a shortage is experienced; and (d) make such arrangements as they deem necessary with regard to sales of the commodity for export or for consignment to other countries or States: for the purposes of this provision a sale of the commodity for overseas ships’ stores shall be deemed to be a sale for export; and (e) receive and consider any petition signed by not less than 100 consumers of the commodity in the district or locality to which the regulation declaring the board’s commodity to be a commodity under this Act applies; and (f) notwithstanding any Act or law to the contrary, take no cognisance of, nor be compellable to pay any order given by any grower of the commodity to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of the moneys due to such grower on account of the commodity by such board; and (g) subject to the approval of the Governor in Council, process, manufacture, prepare, or treat, or make arrangements for the processing, manufacture, preparation, or treatment of, the commodity or any part thereof, and do all such acts, matters, and things as may be necessary or expedient for the processing, manufacture, preparation, or treatment of the commodity, or any part thereof or for the sale of the treated commodity or any product derived from such processing, manufacture, or preparation; and (h) insure the commodity against physical loss or damage; and (i) operate laboratory and testing facilities. (2) Subject to the prior approval of the Minister, a marketing board may from time to time (whether that board is constituted for a district or locality or not) on behalf and at the request of the growers or any person representing the growers thereof sell or arrange for the sale of a commodity of the same kind as the commodity in relation to which the board is

113 Primary Producers’ Organisation and Marketing Act 1926 19 June 1982 p 1592 commenced on date of publication PrimaryProducers’OrganisationandMarketingActAmendmentAct1983 No. 24 date of assent 19 April 1983 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 25 June 1983 (see s 2(2) and proc pubd gaz 25 June 1983 p 1343) orders in council published gazette— 2 July 1983 p 1463 commenced on date of publication 10 September 1983 p 136 commenced on date of publication 17 December 1983 p 1680 commenced on date of publication 28 April 1984 p 1786 commenced on date of publication PrimaryProducers’OrganisationandMarketingActandOtherActsAmendment Act 1984 No. 62 pt 2 date of assent 29 May 1984 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 July 1984 (see s 2(2) and proc pubd gaz 23 June 1984 p 1353) orders in council published gazette— 23 June 1984 p 1334 commenced on date of publication 30 June 1984 p 1467 commenced on date of publication 28 July 1984 p 1863 commenced on date of publication 27 October 1984 p 893 commenced on date of publication 8 December 1984 p 1937 commenced on date of publication PrimaryProducers’OrganisationandMarketingActandAnotherActAmendment Act 1985 No. 18 pt 2 date of assent 4 April 1985 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 11 May 1985 (see s 2(2) and proc pubd gaz 11 May 1985 p 681)

114 Primary Producers’ Organisation and Marketing Act 1926 order in council published gazette— 21 September 1985 p 251 commenced on date of publication City of Brisbane Market Act and Other Acts Amendment Act 1985 No. 84 pt 6 date of assent 9 December 1985 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 20 February 1986 (see s 2(2) and proc pubd gaz 22 February 1986 p 679) orders in council published gazette— 22 February 1986 p 671 commenced on date of publication 16 August 1986 p 2571 commenced on date of publication 18 October 1986 p 1099 commenced on date of publication 27 June 1987 pp 2242–3 commenced on date of publication PrimaryProducers’OrganisationandMarketingActAmendmentAct1987 No. 57 (as construed by Act No. 35 of 1988 s 10) date of assent 1 October 1987 ss 1–2 commenced on date of assent (see s 2(1)) s 21 commenced 11 May 1987 (see s 2(2)) remaining provisions commenced 15 October 1987 (see s 2(3) and proc pubd gaz 17 October 1987 p 575) order in council published gazette— 1 October 1988 p 537 commenced on date of publication Fishing Industry Organization and Marketing Act and Other Acts AmendmentAct 1989 No. 43 pt 5 date of assent 5 May 1989 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 13 May 1989 (see s 2(2) and proc pubd gaz 13 May 1989 p 334) Wheat Pool Act and Another Act Amendment Act 1989 No. 59 pt 4 date of assent 5 May 1989 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent

115 Primary Producers’ Organisation and Marketing Act 1926 PublicAccountantsRegistration(RepealandConsequentialAmendments)Act1990 No. 85 s 5 sch 2 date of assent 29 November 1990 commenced 1 January 1991 (see s 2(3)) order in council published gazette— 2 March 1991 p 1064 commenced on date of publication Grain Industry (Restructuring) Act 1991 No. 91 sch 4 date of assent 11 December 1991 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1 date of assent 17 December 1991 amdts (5), (7) and (11) commenced 11 December 1991 (see Act) remaining provisions commenced on date of assent (see s 2) Primary Producers’ Organisation and Marketing (Constitution of Queensland Cane Growers’ Council) Order 1991 SL No. 203 notfd gaz 21 December 1991 pp 2584–7 commenced on date of notification Primary Producers’ Organisation and Marketing Amendment Order (No. 2) 1992 SL No. 250 notfd gaz 14 August 1992 p 2892 commenced on date of notification Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–3 sch 1 date of assent 7 December 1992 commenced on date of assent Egg Industry (Restructuring) Act 1993 No. 72 ss 1–2, 119 date of assent 7 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1994 (see s 2 and 1993 SL No. 472) Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 1 date of assent 14 December 1993 ss 1–2 commenced on date of assent (see s 2) remaining provisions commenced 10 November 1993 (see s 3 sch 1) Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 1 date of assent 10 May 1994 commenced on date of assent StatutoryAuthoritiesSuperannuationLegislationAmendmentAct1995 No. 36 ss 1–2, 9 sch 2 date of assent 16 June 1995 commenced on date of assent

116 Primary Producers’ Organisation and Marketing Act 1926 Primary Industries Legislation Amendment Act 1996 No. 13 pts 1, 9 s 24 sch date of assent 23 May 1996 commenced on date of assent Sugar Industry Amendment Act 1996 No. 19 ss 1, 2(2) sch date of assent 30 July 1996 commenced on date of assent Tobacco Industry (Restructuring) Act 1996 No. 25 ss 1, 28 sch 1 pt 1 date of assent 15 August 1996 commenced on date of assent Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Primary Industries Legislation Amendment Act (No. 2) 1996 No. 59 pts 1, 9 date of assent 5 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 25 July 1997 (1997 SL No. 225) MiscellaneousActs(Non-bankFinancialInstitutions)AmendmentAct1997 No. 17 ss 1–2, 74 sch date of assent 15 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 163) Cooperatives Act 1997 No. 39 ss 1–2, 472 sch 7 date of assent 25 August 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1997 (1997 SL No. 286) Primary Industries Legislation Amendment Act (No. 2) 1997 No. 73 pts 1, 8 date of assent 1 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 19 December 1997 (1997 SL No. 475) Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss 1–3, sch date of assent 5 December 1997 commenced on date of assent ´ 7 List of annotations Long title sub 1987 No. 57 s 4 amd 1996 No. 59 s 59 PART 1—PRELIMINARY pt hdg ins 1996 No. 13 s 24 sch

117 Primary Producers’ Organisation and Marketing Act 1926 Short title prov hdg amd R1 (see RA s 37) s 1 amd R1 (see RA s 37) INTERPRETATION hdg prec s 2 om 1996 No. 13 s 24 sch Act to be read subject to the Commonwealth Constitution s 1A ins 1935 26 Geo 5 No. 35 s 2 om 1991 No. 97 s 3 sch 1 Definitions prov hdg sub 1996 No. 13 s 25(1) s 2 def “affiliated body” ins 1984 No. 62 s 5(a) amd 1994 No. 15 s 3 sch 1; 1997 No. 39 s 472 sch 7 def “appointed day” ins 1987 No. 57 s 5(a) sub 1996 No. 13 s 25(2) def “approved form” ins 1996 No. 13 s 25(3) def “bank” ins 1987 No. 57 s 5(b) om 1996 No. 54 s 9 sch def “board” amd 1987 No. 57 s 5(c) def “certificate” amd 1996 No. 13 s 25(4) def “commodity” amd 1928 19 Geo 5 No. 8 s 2(i)(a); 1930 21 Geo 5 No. 22 s 4; 1935 26 Geo 5 No. 35 s 3; 1939 3 Geo 6 No. 21 s 2; 1989 No. 43 s 42(a); 1993 No. 72 s 119(2) def “Council” om 1994 No. 15 s 3 sch 1 def “Department” amd 1973 No. 17 s 3(a) om 1991 No. 97 s 3 sch 1 def “financial institution” ins 1997 No. 17 s 74 sch def “financial year” ins 1984 No. 62 s 5(b) def “marketing” ins 1987 No. 57 s 5(d) def “Minister” sub 1973 No. 17 s 3(b) om 1991 No. 97 s 3 sch 1 def “net proceeds of sale” ins 1987 No. 57 s 5(e) def “prescribed” sub 1987 No. 57 s 5(f) om 1996 No. 59 s 60(1) def “prescribed instrument” ins 1987 No. 57 s 5(f) amd 1996 No. 13 s 25(5) om 1996 No. 59 s 60(1) def “primary producer” amd 1928 19 Geo 5 No. 8 s 2(i)(b); 1989 No. 43 s 42(b); 1994 No. 15 s 3 sch 1 def “producer representative body” ins 1987 No. 57 s 5(g) amd 1989 No. 43 s 42(c); 1994 No. 15 s 3 sch 1 sub 1996 No. 59 s 60(1)–(2) def “Regulations” om 1991 No. 97 s 3 sch 1 def “State council” ins 1996 No. 59 s 60(2) def “State Wheat board” om 1991 No. 91 sch 4 def “subsidiary body” ins 1996 No. 59 s 60(2) def “This Act” om 1994 No. 15 s 3 sch 1

118 Primary Producers’ Organisation andMarketing Act 1926 PART 1A—APPLICATION OF STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 pt hdg ins 1996 No. 54 s 9 sch Declaration that board and subsidiary bodies are statutory bodies s 3 ins 1996 No. 54 s 9 sch REPEALS hdg prec s 3 om 1991 No. 97 s 3 sch 1 Repeal of earlier Acts s 3 om 1991 No. 97 s 3 sch 1 COUNCIL OF AGRICULTURE hdg prec s 4 om 1994 No. 15 s 3 sch 1 Council of Agriculture s 4 amd 1932 23 Geo 5 No. 31 s 2 sub 1938 2 Geo 6 No. 28 s 2 amd 1939 3 Geo 6 No. 21 s 3; 1954 3 Eliz 2 No. 29 s 2; o in c pubd gaz 24 March 1956 p 1228; 28 February 1959 pp 1404–5; 1962 No. 15 s 2; o in c pubd gaz 29 July 1972 p 1519; 1973 No. 17 s 4; o in c pubd gaz 24 February p 646; 1979 No. 6 s 2; 1981 No. 38 s 3; 1987 No. 57 s 6; 1989 No. 103 s 3 sch; 1991 No. 97 s 3 sch 1 om 1994 No. 15 s 3 sch 1 COUNCIL OF AGRICULTURE FUND hdg prec s 5 sub 1938 2 Geo 6 No. 28 s 3 Council of Agriculture Fund s 5 sub 1938 2 Geo 6 No. 28 s 3 om 1994 No. 15 s 3 sch 1 COUNCIL OF AGRICULTURE FUND hdg prec s 5A om 1996 No. 13 s 24 sch Precept by council s 5A ins 1987 No. 57 s 7 om 1996 No. 13 s 26 OFFICERS hdg prec s 6 om 1996 No. 13 s 24 sch PART 2—OFFICERS pt hdg ins 1996 No. 13 s 24 sch Appointment of director of marketing s 6 amd 1938 2 Geo 6 No. 28 s 4; 1994 No. 15 s 3 sch 1 FUNCTIONS OF COUNCIL COMMODITIES AND COMMODITY BOARD hdg prec s 7 om 1996 No. 13 s 24 sch PART 3—COMMODITIES AND COMMODITY BOARDS pt hdg ins 1996 No. 13 s 24 sch

119 Primary Producers’ Organisation and Marketing Act 1926 Functions of the Council s 7 amd 1938 2 Geo 6 No. 28 s 5 sub 1987 No. 57 s 8 om 1994 No. 15 s 3 sch 1 LOCAL PRODUCERS’ ASSOCIATIONS hdg prec s 8 om 1938 2 Geo 6 No. 28 s 6 Local producers’ associations s 8 amd 1932 23 Geo 5 No. 31 s 3 om 1938 2 Geo 6 No. 28 s 6 Power to declare commodity and extend Act and constitute board for same s 9 amd 1928 19 Geo 5 No. 8 s 2(ii); 1930 21 Geo 5 No. 22 s 5; 1932 23 Geo 5 No. 31 s 4; 1935 26 Geo 5 No. 35 s 4; 1938 2 Geo 6 No. 28 s 7; 1939 3 Geo 6 No. 21 s 4; 1957 6 Eliz 2 No. 9 s 2; 1965 No. 12 s 4; 1972 No. 31 s 6 sch 1; 1973 No. 17 s 5; 1987 No. 57 s 9 (as construed by Act No. 35 of 1988 s 10); 1991 No. 97 s 3 sch 1; 1994 No. 15 s 3 sch 1; 1996 No. 13 ss 27, 24 sch Northern Pig board s 9A ins 1946 11 Geo 6 No. 13 s 2 om 1987 No. 57 s 10 Board may control several commodities s 10 amd 1985 No. 18 s 5; 1994 No. 15 s 3 sch 1 Existing boards s 10A ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1930 21 Geo 5 No. 22 s 6; 1957 6 Eliz 2 No. 9 s 3; 1987 No. 57 s 11; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch Petition for continuance or otherwise of board s 10B ins 1928 19 Geo 5 No. 8 s 2(iii) Amalgamation of boards s 10C ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1962 No. 15 s 3; 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch Further powers of Governor in Council as to boards s 10D ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1 Commodity board s 11 amd 1932 23 Geo 5 No. 31 s 5; 1935 26 Geo 5 No. 35 s 5; 1938 2 Geo 6 No. 28 s 8; 1946 11 Geo 6 No. 13 s 3(1); 1954 3 Eliz 2 No. 29 s 3; 1987 No. 57 s 12; 1991 No. 91 sch 4; 1996 No. 13 s 24 sch Further powers of commodity board s 11A ins 1938 2 Geo 6 No. 28 s 9 amd 1996 No. 59 s 61

120 Primary Producers’ Organisation and Marketing Act 1926 Failure to elect or appoint representative s 11B ins 1938 2 Geo 6 No. 28 s 10 amd 1996 No. 59 s 62 Termination of term of office of board s 11C ins 1984 No. 62 s 6 amd 1987 No. 57 s 13; 1996 No. 13 s 28 Confidentiality of members of a board s 11D ins 1987 No. 57 s 14 Vacation of office s 11E 1987 No. 57 s 14 Boards not to be concerned in party politics s 12 amd 1938 2 Geo 6 No. 28 s 11; 1951 15 Geo 6 No. 25 s 2; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 29; 1996 No. 59 s 63; 1997 No. 73 s 40 Duty of board s 12A ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special powers of a Board s 12B ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special powers of Minister s 12C ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Application of ss 12A, 12B, and 12C s 12D ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special power of Governor in Council s 12E ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 General powers of board s 13 amd 1938 2 Geo 6 No. 28 s 12; 1939 3 Geo 6 No. 21 s 5; 1973 No. 17 s 6; 1979 No. 6 s 3; 1981 No. 38 s 4; 1981 No. 111 s 23 sch; 1983 No. 24 s 3; 1987 No. 57 s 15; 1989 No. 59 s 45; 1996 No. 13 s 30; 1996 No. 54 s 9 sch; 1996 No. 59 s 64; 1997 No. 39 s 472 sch 7 Fraud by officers etc. of board s 13A ins 1979 No. 6 s 4 Powers of affiliated body s 13B ins 1984 No. 62 s 7 Minister’s directions s 13C ins 1984 No. 62 s 7 MARKETING POWERS ETC. hdg prec s 14 om 1996 No. 13 s 24 sch

121 Primary Producers’ Organisation andMarketing Act 1926 PART 4—MARKETING pt hdg ins 1996 No. 13 s 24 sch Powers of marketing board s 14 amd 1932 23 Geo 5 No. 31 s 6; 1941 5 Geo 6 No. 14 s 2(1); 1951 15 Geo 6 No. 25 s 4; 1954 3 Eliz 2 No. 29 s 4; 1955 4 Eliz 2 No. 42 s 3; 1973 No. 17 s 7; 1987 No. 57 s 16; 1989 No. 103 s 3 sch; 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1 Marketing board to insure against defalcations by agent s 14A ins 1938 2 Geo 6 No. 28 s 13 amd 1939 3 Geo 6 No. 21 s 6; 1973 No. 17 s 8; 1987 No. 57 s 17; 1991 No. 97 s 3 sch 1; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 31 Marketing board to be corporation for certain purpose s 14B ins 1981 No. 38 s 5 Marketing board may offer book debts and commodity as security s 14C ins 1981 No. 38 s 5 amd 1983 No. 24 s 4 om 1996 No. 54 s 9 sch Financial arrangements s 14D ins 1987 No. 57 s 18 om 1996 No. 54 s 9 sch Debentures, bonds and stock s 14E ins 1987 No. 57 s 18 om 1996 No. 54 s 9 sch Other marketing arrangements s 14F ins 1987 No. 57 s 18 All the commodity to be delivered to marketing board s 15 amd 1928 19 Geo 5 No. 8 s 2(iv); 1965 No. 12 s 5; 1987 No. 57 s 19 (as construed by Act No. 35 of 1988 s 10); 1989 No. 103 s 3 sch; 1996 No. 13 s 24 sch Acceptance by board etc. s 18 amd 1932 23 Geo 5 No. 31 s 7; 1965 No. 12 s 6; 1979 No. 6 s 5; 1983 No. 24 s 5; 1987 No. 57 s 20; 1989 No. 59 s 45; 1996 No. 13 s 24 sch Variation of payment arrangements s 18A ins 1987 No. 57 s 21 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 32 Marketing arrangements for individual growers s 18B ins 1987 No. 57 s 21 amd 1994 No. 15 s 3 sch 1; 1996 No. 54 s 9 sch; 1997 No. 17 s 74 sch Board may contract with grower s 18C ins 1987 No. 57 s 21

122 Primary Producers’ Organisation and Marketing Act 1926 Issue of certificates and payment in connection with commodity delivered to board s 19 amd 1996 No. 13 s 33 Contracts for sale of commodity s 20 amd 1996 No. 13 s 24 sch Remedy against board confined to claim for an account s 22 amd 1987 No. 57 s 22; 1996 No. 13 ss 34, 24 sch Duty to give notice of encumbrances etc. on delivery thereof s 23 amd 1996 No. 13 s 35 Priority of order for payment of harvesting costs s 23A ins 1935 26 Geo 5 No. 35 s 6 amd 1989 No. 59 s 45; 1996 No. 13 s 24 sch RETURNS ETC. hdg prec s 25 om 1996 No. 13 s 24 sch PART 5—RETURNS AND ADMINISTRATION pt hdg ins 1996 No. 13 s 24 sch Protection of the Crown etc. prov hdg sub 1987 No. 57 s 23(a) s 26 amd 1987 No. 57 s 23(b); 1996 No. 59 s 65 Financial administration s 27 amd 1973 No. 17 s 9; 1979 No. 6 s 6; 1984 No. 62 s 8 sub 1987 No. 57 s 24 amd 1991 No. 97 s 3 sch 1; 1996 No. 59 s 66 Unclaimed moneys s 27A ins 1962 No. 15 s 4 amd 1973 No. 17 s 10; 1979 No. 6 s 7; 1991 No. 91 sch 4 Investment of moneys s 27B ins 1973 No. 17 s 11 amd 1979 No. 6 s 8; 1983 No. 24 s 6; 1991 No. 91 sch 4 om 1996 No. 54 s 9 sch Annual statement of accounts of a board s 27C ins 1984 No. 62 s 9 om 1987 No. 57 s 25 Audit of accounts s 27D ins 1984 No. 62 s 9 om 1987 No. 57 s 25 Precept by Council s 28 amd 1938 2 Geo 6 No. 28 s 14; 1973 No. 17 s 12; 1979 No. 6 s 9 om 1987 No. 57 s 25 LEVY BY BOARD hdg prec s 29 om 1996 No. 13 s 24 sch

123 Primary Producers’ Organisation andMarketing Act 1926 PART 6—LEVY BY BOARD pt hdg ins 1996 No. 13 s 24 sch Board may make levy s 29 amd 1928 19 Geo 5 No. 8 s 2(v); 1930 21 Geo 5 No. 22 s 7; 1935 26 Geo 5 No. 35 s 7; 1985 No. 18 s 6; 1987 No. 57 s 26; 1991 No. 91 sch 4; 1993 No. 72 s 119(3); 1996 No. 13 ss 36, 24 sch; 1996 No. 59 s 67 Winding-up of boards s 29A ins 1928 19 Geo 5 No. 8 s 2(vi) amd 1973 No. 17 s 13; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Provisional liquidator s 29AA ins 1954 3 Eliz 2 No. 29 s 5 amd 1973 No. 17 s 14; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Assets remaining on completion of winding up of board s 29AB ins 1954 3 Eliz 2 No. 29 s 5 amd 1973 No. 17 s 15; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Winding up in progress at the commencement of Part VI of the Companies(Consequential Amendments) Act 1981 s 29AC ins 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Superannuation schemes prov hdg sub 1995 No. 36 s 9 sch 2 s 29B ins 1946 11 Geo 6 No. 13 s 4 amd 1983 No. 24 s 7 sub 1985 No. 84 s 17 amd 1991 No. 91 sch 4; 1995 No. 36 s 9 sch 2; 1996 No. 59 s 68 Alternative method of levy by Egg Board s 29C ins 1985 No. 18 s 7 amd 1987 No. 57 s 28; 1989 No. 103 s 3 sch om 1993 No. 72 s 119(4) SUGAR INDUSTRY hdg prec s 30 om 1994 No. 15 s 3 sch 1 Cane to be a commodity s 30 amd 1928 19 Geo 5 No. 8 s 2(vii); 1930 21 Geo 5 No. 22 s 8; o in c pubd gaz 4 March 1933 p 813; 15 April 1933 p 1505; 2 March 1935 p 951; 1935 26 Geo 5 No. 35 s 8; o in c pubd gaz 12 September 1936 p 864; 1939 3 Geo 6 No. 21 s 7; 1941 5 Geo 6 No. 16 s 21(1); o in c pubd gaz 14 September 1946 p 1057; 1946 11 Geo 6 No. 13 s 5; o in c pubd gaz 26 September 1953 p 449; 1954 3 Eliz 2 No. 29 s 6; 1962 No. 15 s 5; 1966 No. 18 s 2; o in c pubd gaz 27 July 1972 p 1519; 10 May 1975 p 317; 7 June 1975 p 810; 11 October 1975 p 488; 1979 No. 6 s 10;

124 Primary Producers’ Organisation and Marketing Act 1926 1981 No. 38 s 6; o in c pubd gaz 14 November 1981 p 1141–2; o in c pubd gaz 12 June 1982 p 1422; 18 October 1986 p 1099; 1987 No. 57 s 29 (as construed by Act No. 35 of 1988 s 10); o in c pubd gaz 1 October 1988 p 537; 2 March 1991 p 1064; 1991 SL No. 203 ss 6, 7; 1992 SL No. 250 s 3; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch; 1996 No. 59 s 69; 1997 No. 73 s 41 Definitions for section 30 prov hdg sub 1996 No. 19 s 2(2) sch s 30A prev s 30A ins 1973 No. 17 s 16 om 1976 No. 80 s 92 pres s 30A ins 1979 No. 6 s 11 def “corporation ” sub 1981 No. 111 s 23 sch om 1996 No. 13 s 37(1) def “grower” amd 1981 No. 111 s 23 sch; 1996 No. 13 s 37(2)–(4) def “mill” ins 1996 No. 19 s 2(2) sch Queensland Cane Growers’ Council may hold property as trustee s 30B ins 1981 No. 38 s 7 amd 1989 No. 103 s 3 sch; 1996 No. 59 s 70 Producer representative bodies s 30C ins 1987 No. 57 s 30 amd 1996 No. 59 s 71 State councils s 30D ins 1987 No. 57 s 30 amd 1994 No. 15 s 3 sch 1; 1996 No. 59 s 72 Subsidiary bodies s 30E ins 1987 No. 57 s 30 amd 1989 No. 43 s 43; 1990 No. 85 s 5 sch 2; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 38; 1996 No. 59 s 73 Queensland Commercial Fishermen’s Organisation and State Council s 30F ins 1989 No. 43 s 44 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 GENERAL hdg prec s 31 om 1996 No. 13 s 24 sch PART 7—GENERAL pt hdg ins 1996 No. 13 s 24 sch Recovery of penalties s 31 amd 1928 19 Geo 5 No. 8 s 2(viii); 1965 No. 12 s 7; 1987 No. 57 s 31 (as construed by Act No. 35 of 1988 s 10); 1996 No. 13 s 24 sch Undue influence and like offences s 31A ins 1928 19 Geo 5 No. 8 s 2(ix) amd 1987 No. 57 s 32 (as construed by Act No. 35 of 1988 s 10); 1996 No. 13 s 39

125 Primary Producers’ Organisation and Marketing Act 1926 Evidence s 32 amd 1996 No. 59 s 74 Regulation-making power s 33 reloc as s 56 1996 No. 13 s 40(6) Annual report of board s 34 sub 1984 No. 62 s 10 amd 1987 No. 57 s 34 Annual general meeting of growers s 34A ins 1984 No. 62 s 10 amd 1987 No. 57 s 35 Annual report of director of marketing s 34B ins 1984 No. 62 s 10 amd 1987 No. 57 s 36; 1996 No. 13 s 41 om 1996 No. 25 s 28 sch 1 Application of Act to affiliated body s 34C ins 1984 No. 62 s 10 amd 1991 No. 97 s 3 sch 1 Application of Act to State Wheat Board s 34D ins 1984 No. 62 s 10 om 1991 No. 91 sch 4 amd 1991 No. 97 s 3 sch 1 Application of Act to the committee of direction of fruit marketing s 34E ins 1984 No. 62 s 10 amd 1996 No. 59 s 75 PART 8—WINDING-UP ARRANGEMENTS pt hdg ins 1996 No. 13 s 24 sch Application of Act to Queensland Grain Handling Authority s 34F ins 1984 No. 62 s 10 om 1991 No. 91 sch 4 WINDING-UP ARRANGEMENTS hdg prec s 36 ins 1987 No. 57 s 37 om 1996 No. 13 s 24 sch Board may be wound up s 36 ins 1987 No. 57 s 37 amd 1996 No. 13 s 42 Initiation of winding-up by growers s 37 ins 1987 No. 57 s 37 amd 1996 No. 13 s 43; 1996 No. 59 s 76 Appointment of inspector s 38 ins 1987 No. 57 s 37

126 Primary Producers’ Organisation and Marketing Act 1926 Powers of inspector s 39 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 44 Vesting of property and assumption of liabilities s 40 ins 1987 No. 57 s 37 amd 1996 No. 13 s 45; 1997 No. 39 s 472 sch 7 Administrator may be appointed s 41 ins 1987 No. 57 s 37 amd 1996 No. 13 s 46 Duty to facilitate transfer of property etc. s 42 ins 1987 No. 57 s 37 amd 1996 No. 13 s 47 Procedure for winding-up a board s 43 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 48 Arrangements and reconstructions s 44 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 49 Exercise of board’s functions etc. s 45 ins 1987 No. 57 s 37 Application of moneys remaining after winding-up s 46 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 50 Regulations and rules s 47 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 51 Particular modifications s 48 ins 1987 No. 57 s 37 amd 1996 No. 13 s 52 MISCELLANEOUS hdg prec s 49 ins 1987 No. 57 s 38 om 1996 No. 13 s 24 sch PART 9—MISCELLANEOUS pt hdg ins 1996 No. 13 s 24 sch Conditions of approval s 49 ins 1987 No. 57 s 38 Guidelines etc. may be issued s 50 ins 1987 No. 57 s 38 amd 1996 No. 54 s 9 sch

127 Primary Producers’ Organisation and Marketing Act 1926 Approved rules or articles s 51 ins 1987 No. 57 s 38 amd 1996 No. 59 s 77 Returning officer may be appointed s 52 ins 1987 No. 57 s 38 Application of Act to certain other bodies s 53 ins 1987 No. 57 s 38 amd 1991 No. 91 sch 4 Review of Act s 54 ins 1987 No. 57 s 38 Approval of forms s 55 prev s 55 ins 1993 No. 76 s 3 sch 1 exp 6 August 1993 (see s 55(3)) pres s 55 ins 1996 No. 13 s 53 Regulation-making power prov hdg sub 1987 No. 57 s 33(a); 1994 No. 15 s 3 sch 1; 1996 No. 13 s 40(1) s 56 prev s 56 ins 1994 No. 15 s 3 sch 1 exp 10 May 1994 (see s 56(3)) AIA s 20A applies to s 56(1) (see s 56(2)) pres s 56 (prev s 33) amd 1928 19 Geo 5 No. 8 s 2(x); 1930 21 Geo 5 No. 22 s 9; 1935 26 Geo 5 No. 35 s 9; 1938 2 Geo 6 No. 28 s 15; 1939 3 Geo 6 No. 21 s 8; 1981 No. 38 s 8; 1983 No. 24 s 8; 1987 No. 57 s 33(b) (as construed by Act No. 35 of 1988 s 10); 1994 No. 15 s 3 sch 1; 1996 No. 13 ss 40(1)–(5), 24 sch reloc 1996 No. 13 s 40(6) amd 1996 No. 59 s 78; 1997 No. 82 ss 1–3, sch PART 10—TRANSITIONAL pt hdg ins 1997 No. 73 s 42 Transitional provisions for Act No. 59 of 1996 s 57 prev s 57 ins 1994 No. 15 s 3 sch 1 exp 10 May 1994 (see s 57(3)) AIA s 20A applies to s 57(1) (see s 57(2)) prev s 57 ins 1996 No. 13 s 53 exp 23 August 1996 (see s 57(3)) pres s 57 ins 1997 No. 73 s 42 Transitional provision for Fisheries Act 1994 s 58 ins 1997 No. 73 s 42 SCHEDULE 1—SPECIFIED BOARDS ins 1987 No. 57 s 39 sub 1991 No. 97 s 3 sch 1 om 1996 No. 25 s 28 sch 1

128 Primary Producers’ Organisation andMarketing Act 1926 SCHEDULE 2—MEETING PROCEDURE ins 1987 No. 57 s 39 amd 1996 No. 13 s 54 SCHEDULE 3—CHANGE IN NAME OF BODIES ins 1987 No. 57 s 39 om 1996 No. 59 s 79 ´ 8 List of forms Form 1 version 1—Nomination Form (Mill Suppliers’ Committee) pubd gaz 23 June 1995 p 1370 Form 2 version 1—Nomination Form (District Cane Growers’ Executives) pubd gaz 23 June 1995 p 1370 Form 3 version 1—Ballot Paper pubd gaz 10 February 1995 p 546 Form 4 version 1—Returning Officer’s declaration pubd gaz 10 February 1995 p 546

129 Primary Producers’ Organisation and Marketing Act 1926 ´ 9 Orders in council amending Act Primary Producers’ Organisation and Marketing Act 1926 NOTE: The Primary Producers’ Organisation and Marketing Act 1926 has from time to time been amended in respect to various commodity boards and State councils mentioned hereunder, by orders in council as follows— Board Atherton Tableland Maize Marketing Board Barley Marketing Board Date of gazettal of order in council 21 June 1927 p 2051 30 July 1927 pp 250–1 6 October 1928 p 1202 31 May 1930 pp 1926–7 17 September 1938 p 896 12 April 1969 pp 1248–9 15 November 1969 pp 1150–1 16 August 1986 p 2571 28 June 1930 pp 2173–4 25 April 1942 p 1310 19 November 1955 p 1343 Section of Act amended Inserting new section 14(d). Inserting new paragraph (c) of subsection (4) of section 15. Adding new subsection (vi) to section 14. Inserting new section 15(1) and adding new subsections (a) and (b) thereto. Inserting new sections 21 and 21(a). Repealing section 15(1) and inserting new section 15(1) in lieu. Repealing subsection (1) of section 15 and inserting new subsection (1) in lieu. Inserting new section 14N Amending subsections (vi), (vii) and (ix) of section 5. Inserting new section 14(1), a nd a d d i n g ne w subsection (12) to section 19. Inserting new subsection (6) to section 14(1). Adding new paragraph to subsection (3) of section 15.

130 Primary Producers’ Organisation and Marketing Act 1926 Butter Board Marketing 2 November pp 932–7 1957 16 March 1963 pp 1015–16 18 July 1970 p 1516 27 October 1973 p 1055 6 September 1975 p 29 26 May 1979 pp 684–5 11 October 1980 p 6915 5 December 1981 p 1435 10 September 1983 p 136 17 December 1983 p 1680 25 February 1928 pp 882–3 16 February 1929 pp 420–1 13 April 1933 pp 1479–82 15 November 1935 pp 1429–35 23 January 1937 pp 105–6 26 June 1943 pp 1820–1 Substituting new subsection (1) of section 15 for subsection (1) of section 15; amending subsection (3) of section 15; inserting new sections 21A, 21B, 21C, 21D, 21E, 21F, 21G and 21H in lieu of section 21; adding new paragraph to subsection (3) of section 31; repealing subsection (4) of section 31 and inserting new subsection (4) of section 31 in lieu. Adding paragraph (d) to subsection (1) of section 14(I). Subsection (2) of section 18. Section 14Q. First paragraph of section 14(I)(1) deleted and new first paragraph inserted in lieu thereof. Section 21D. Section 21D. Subsection 2 of section 18. Subsection 2 of section 18. Subsection 2 of section 18. Subsection (2) of section 18. Inserting new subsection (2) to section 18. Inserting new subsection (2) to section 18. Inserting new subsection (2) to section 18; repealing subsections (4), (5) and (6) of section 15, and inserting new section 15A; inserting subsection (6) of section 31. Subsection (2) of section 18. Inserting new section 14(A) and new subsection (5) to section 19.

131 Primary Producers’ Organisation and Marketing Act 1926 Central Queensland Egg Marketing Board 28 August 1943 p 800 9 April 1949 p 1225 20 January 1951 p 148 21 March 1953 pp 979–80 21 November 1959 pp 1876–7 6 October 1962 pp 404–5 22 February 1986 p 671 29 March 1947 pp 972–3 24 July 1948 pp 684–5 18 June 1955 pp 846–7 15 April 1961 pp 2064–6 21 March 1970 pp 1075–6 26 July 1976 p 2267 Inserting new paragraph (1) to subsection (2) of section 18. Inserting new subsection (v) to section 13. Inserting new subclause (d) of subsection (1) of section 14(A); repealing subsection (4) of section 14(A); and inserting new subsection (4) of section 14(A). Amending subsections (1) and (4) of section 14(A); repealing subsection (5) of section 14(A); and inserting new subsection (5) of section 14(A); amending subsection (5) of section 19. Inserting new section 13. Subsection (2) of section 18. Subsection (1) of section 14(A). Inserting new section 18. Inserting new sections 15(1) and 21. Adding subparagraph (a) to paragraph (iii) of section 13. Amending subsections (5) and (6) of section 21 and inserting new sections 21A, 21B, 21C, 21D, 21E and 21F. Inserting new section 14Q. Omitting section 21A and substituting a new section 21A.

132 Primary Producers’ Organisation and Marketing Act 1926 Central Queensland Grain Sorghum Marketing Board 10 March 1956 pp 761–3 7 December pp 1651–6 1957 23 August 1958 pp 2956–8 Inserting new section 14M; substituting new subsection (1) of section 15 in lieu of subsection (1) of section 15; adding new paragraph to subsection (3) of section 15; repealing subsections (4), (5) and (6) of section 15; inserting new section 15A; substituting new section 18 for section 18; adding new subsection (13) to section 19. Amending paragraph (a) of subsection (1) of section 15; amending subsection (3) of section 15; repealing second paragraph of subsection (3) of section 15; substituting sections 21A, 21B, 21C, 21D, 21E, 21F, 21G and 21H for section 21; adding new paragraph to subsection (3) of section 31; repealing subsection (4) of section 31 and inserting new subsection (4) of section 31 in lieu. Amending paragraph (a) of subsection (2) of section 18; amending subsections (10) and (12) of section 21A; repealing subsection (9) of section 21B; repealing subsection (2) of section 21C; renumbering subsection (3) of section 21C as subsection (2); amending subsections (1), (3), and (4) of section 21D; amending subsections (1) and (2) of section 21F; inserting new section 21I.

133 Primary Producers’ Organisation and Marketing Act 1926 Cotton Marketing Board 12 May 1974 p 368 28 July 1984 p 1863 16 August 1986 p 2571 5 March 1927 pp 757–8 16 April 1927 p 1257 23 July 1927 p 199 31 May 1930 pp 1925–6 2 April 1932 p 1395 28 August 1937 p 563 25 December 1943 p 1747 22 December 1945 p 1549 31 October 1953 p 997 4 December 1965 p 1297 11 March 1967 pp 927–8 12 October 1968 pp 492–3 2 November 1968 pp 807–8 21 January 1978 p 186 15 April 1978 p 1472 Omitting subsection (5) of section 18 and substituting new subsection (5). Omitting subsection (1) of section 14M and substituting new subsection (1). Amending subsection (5) of section 18 by inserting two additional paragraphs therein. Inserting new section 14A and adding subsection (5) to section 19. Amending above order in council gazetted 5 March 1927. Amending above order in council gazetted 5 March 1927. Adding new subsection (vii) to section 14. Inserting new subsection (iv) to section 13. Adding new subsection (5A) to section 18. Adding proviso to subsection (5A) to section 18. Adding new subsection (5) to section 14A. Inserting new subsection (5B) to section 18. Amending subsection (5A) of section 18 and deleting subsection (5B). Inserting new subsection (1) of section 15. Subsection (1) of section 15. Adding new subsection (6) to section 14A. Subsection (2) of section 15. Renumbering section 14A as section 14B and amending subsection (1) thereof. Subsections (5) and (6) of section 14(B).

134 Primary Producers’ Organisation and Marketing Act 1926 Egg Board Marketing 20 January 1979 p 182 7 April 1979 p 1318 19 June 1982 p 1592 23 June 1984 p 1334 25 June 1927 pp 2079–80 23 July 1927 p 199 1 August 1936 pp 436-7 5 November 1938 pp 1954–5 13 April 1940 pp 1451–2 7 December 1940 pp 1689–90 27 September 1941 p 1124 27 September 1941 pp 1125–6 28 November 1942 p 1696 5 August 1944 pp 198–9 16 December 1944 p 1170 3 November 1945 p 1009 13 December pp 2269–70 1947 Subsections (5) and (6) of section 14(B). Subsections (1) and (5) of section 14(B). Subsection (5A) of section 18. Subsection (5A) of section 18. Inserting new section 14E and adding new subsection (8) to section 19. Amending above order in council gazetted 25 June 1927. Inserting new section 18; inserting new provision after the fourth provision in subparagraph (f) of paragraph (iii) of subsection (1) of section 33. Inserting new subsection (6) of section 18. Adding new paragraph (ixA) to subsection (6) of section 18. Subsection (6) of section 18. Adding new paragraph (viA) to subsection (6) of section 18. Inserting new sections 15(1) and 21. Adding provision to subparagraph (f) of paragraph (iii) of subsection (1) of section 33. Adding proviso to paragraph (iv) of subsection (6) of section 18. Adding new subsection (5) to section 14E. Adding further proviso to paragraph (iv) of subsection (6) of section 18. Adding new section 14A. Amending subsection (1) of section 14E, and adding new paragraphs (d) and (e) to such subsection; amending paragraphs (iv) and (ix) of subsection (6) of section 18.

135 Primary Producers’ Organisation and Marketing Act 1926 20 December 1947 pp 2417–18 20 October 1951 pp 535–6 1 March 1952 pp 782–3 21 December pp 2032–3 1957 15 February 1958 p 516 26 June 1965 p 1140 12 February 1966 pp 1148–9 21 March 197 pp 1074–5 19 December 1970 pp 1537–8 20 May 1972 pp 391–2 7 March 1981 p 780 27 October 1984 p 893 21 September 1985 p 251 Amending subsection (1) of section 14E, and adding new paragraphs (d) and (e) to such subsection; amending paragraphs (iv) and (ix) of subsection (6) of section 18. Amending part (b) of clause 3 and part (i) of clause 4. Deleting subsection (5) of section 14(e). Deleting subsection (6) of section 18. Amending subsections (1) and (6) of section 21. Paragraph (a) of subsection (1) of section 15. Substituting new subsection (5) of section 21 for subsection (5) of section 21; amending subsection (6) of section 21; inserting new sections 21A, 21B, 21C, 21D, 21E and 21F. Amending schedule to section 21C. Adding new subsection (5) to section 14(E). Section 21E. Inserting new section 14P. Inserting subsection (6) to section 14(E). Rescinding subsection (4) and amending section (5) of section 18. Renumbering clause (5) as clause (4) of section 18 and inserting new clause (5). Section 18(5). Rescinding subsection 18(2) and inserting new subsection 18(2).

136 Primary Producers’ Organisation and Marketing Act 1926 Ginger Marketing Board Navy Bean Marketing Board Peanut Marketing Board Que e ns l a nd Commercial Pig Producers State Council 3 October 1942 pp 939–40 25 December 1943 p 1746 5 March 1955 p 882 13 November 1948 pp 2668–9 20 April 1968 pp 1589–90 13 September 1975 p 117 11 June 1977 p 953 30 June 1984 p 1467 30 August 1930 pp 951–2 16 July 1938 p 225 30 January 1943 pp 317–18 3 September 1966 p 29 1 July 1967 p 1060 3 December 1977 pp 1250–2 18 February 1978 p 837 28 July 1984 p 1863 Inserting new subsection (1) of section 15 and adding new subsection to section 15 after subsection (3) thereof; inserting new sections 21 and 21A. Adding new section 14(I). Repealing subsections (4), (5) and (6) of section 15 and inserting new section 15A. Inserting new section 14(J) a nd a d d i n g ne w subsection (13) to section 19. Inserting new subsections (1) and (2) to section 15. Section 14(J)(1). Adding to subsection (6) of section 14(J). Section 14(5)(1). Adding new subsection (viii) to section 14, and new subsection (7) to section 15; adding new section 14H, and new subsection (11) to section 19; adding new subsections (c) and (d) to section 15(1), and amending section 15(2). Amending section 14H, and amending subsection (11) of section 19. Adding new subsection (5) to section 29. Section 18 deleted and new section 18 inserted. Subsection (7) of section 15. Omitting section 30(1); substituting section 30(2)–(8). Substituting section 30(5). Amending section 30(5) and (7).

137 Primary Producers’ Organisation and Marketing Act 1926 Que e ns l a nd Dairymen’s State Council Rice Marketing Board 11 November 1945 pp 1136–8 11 January 1947 p 192 11 October 1947 pp 979–80 20 November 1948 p 2757 4 November 1950 p 2124–5 31 March 1951 p 1171 2 April 1955 p 1267 19 October 1957 p 776 23 August 1958 pp 2953–94 21 May 1960 p 738 22 July 1961 p 1116 23 December 1961 p 1310 28 June 1969 p 1137 24 January 1976 pp 255–6 27 March 1976 pp 1199–200 7 June 1980 p 931 17 April 1982 p 1724 27 June 1987 pp 2242–3 13 November 1971 pp 1176–8 Amending section 30; adding a new section 30(9). Amending section 30(3); adding a new section 30(7B). Adding a new section 30(7B). Amending section 30(2)–(6), (8) and (9). Inserting new s 30(8A). Amending section 30(7) and (7B); renumbering subsection (7B) (ins order in council 11 October 1947) as subsection (7C). Amending section 30(7B) and (8). Amending section 30(8). Amending section 30(5). Amending section 30(9). Substituting section 30(8A). Amending section 30(7B); adding new section 30(7D); amending section 30(8). Amending section 30(7D). Amending section 30. Amending section 30(5); substituting section 30(6), (7), (7B) and (7D). Amending schedule. Amending section 30(7D). Substituting section 30(2), (3) and (4); amending section 30(8). Inserting new subsection (1) of section 15; inserting new subsection (3) of section 15; inserting new section 18; adding subsection (13) to section 19.

138 Primary Producers’ Organisation and Marketing Act 1926 Tobacco Leaf Marketing Board 8 June 1974 p 835 2 July 1983 p 1463 28 April 1984 p 1786 8 December 1984 p 1937 20 November 1948 pp 2755–6 21 May 1949 pp 2150–1 30 January 1954 p 251 3 October 1959 pp 701–3 1 July 1961 p 844 16 March 1963 pp 1014–15 29 June 1968 p 1029 Adding new subsection 14(viii). Subsection (13). Section 14H (1) repealed and new section 14H (1) inserted. Subsection (13). Inserting new subsection (1) of section 15 and inserting new sections 18 and 21. Adding new section 14(K), a nd a d d i n g ne w subsection (12) to section 19. Adding new paragraph to subsection (1) of section 18 and amending subsection (2) of section 18. Amending section 18 and adding new subsections (5) and (16) to section 18. Adding new subsection (4AA) to section 11. Subsections (1) and (2) of section 18. Inserting new subparagraphs (g) and (h) after subparagraph (f) of paragraph (iii) of subsection (1) of section 33. © State of Queensland 1998