Primary Producers' Organisation and Marketing Act Amendment Act 1973 (Qld)

132 ANNO VIC ESIM O SECUNF O LIZ B HAE E A ET SEC4..11V r G 1N No . 17 o f 197 3 Act to am end Th ` °y Producers ' rga isatied. Marketing Acts i to 1966 i n certain p articu and for other p u , [ASSENTED TO 13TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Primary Producers' Organisation and .marketing Act Amendment Act 1973. (2) The Primary Producers' Organisation and Marketing Act of 1926 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Primary Producers' Organisation and ,Varketing Act 1926-1973. 2. Cora:: This Act shall come into operation on a date appointed by Procla, ation.

Primary Producers' Organisation, Etc., Act Amdt Act 1973, No. 17 133 3. Amendment of s. 2. Section 2 of the Principal Act is amended by- (a) in the definition " Department " omitting the words "Agriculture and Stock " and inserting in their stead the words " Primary Industries "; (b) omitting the definition " Minister " and inserting in its stead the following definition:- Minister " - The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;". 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in subsection ( 3), omitting all words from and including " ( i) The Atherton " to the end of the subsection and inserting in their stead the following words- (i) The Atherton Tableland Maize Marketing Board, one representative; (ii) The Barley Marketing Board, one representative; (iii) The Broom Millet Marketing Board, one representative; (iv) The Butter Marketing Board, two representatives; (v) The Central Queensland Egg Marketing Board, one representative; (vi) The Central Queensland Grain Sorghum Marketing Board, one representative; (vii) The Cheese Marketing Board , one representative; (viii) The Cotton Marketing Board, one representative; (ix) The Egg Marketing Board, one representative; (x) The Ginger Marketing Board, one representative; (xi) The Navy Bean Marketing Board, one representative; (xii) The Northern Pig Marketing Board, one representative; (xiii) The Peanut Marketing Board, one representative; (xiv) The Rice Marketing Board, one representative; (xv) The Tobacco Leaf Marketing Board, one representative; (xvi) State Wheat Board, one representative; (xvii) The Committee of Direction of Fruit Marketing, one representative; (xviii) The Brisbane Milk Board, one representative; (xix) The Queensland Cane Growers' Council, one representative; (xx) The Queensland Dairymen's State Council , one representative; (xxi) Queensland Commercial Fishermen's State Council, one representative."; (b) in subsection (14), (i) omitting the note appearing at the beginning of the subsection and inserting in its stead the note " Meetings."; (ii) omitting the word " once " and inserting in its stead the word twice "; (iii) omitting the words " The annual meeting " and inserting in their stead the words " Each of those meetings ". 5. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (5A), omitting the words "Agriculture and Stock " and inserting in their stead the words " Primary Industries ".

134Primary Producers' Organisation , Etc., Act Anzdt Act 1973, No. 17 6. Amendment of s. 13. Section 13 of the Principal Act is amended by, in subparagraph (iv), omitting the words "Agriculture and Stock " and inserting in their stead the words " Primary Industries ". 7. Amendment of s. 14. Section 14 of the Principal Act is amended by, in the first paragraph, omitting subparagraph (iii) and inserting in its stead the following subparagraph:- (iii) Arrange for financial accommodation with one or more banks, with the Government of the Commonwealth or of the State or with any other person, body or institution approved by the Minister;". 8. Amendment of s. 14A. Section 14A of the Principal Act is amended by, in subsection (3), omitting the word " shall " where it occurs after the numbers " 1938 " " and inserting in its stead the following words " and Queensland Commercial Fishermen's State Council constituted under this Act shall each ". 9. Amendment of s. 27. Section 27 of the Principal Act is amended by adding the following paragraph:- " For the purposes of this section Queensland Commercial Fishermen's State Council constituted under this Act shall be deemed to be a Board.". 10. Amendment of s. 27A. Section 27A of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- (k2) For the purposes of this section The Committee of Direction of Fruit Marketing constituted under The Fruit Marketing Organisation Acts 1923 to 1964, State Wheat Board and Queensland Commercial Fishermen's State Council constituted under this Act shall each be deemed to be a Board.". 11. New s. 27B. The Principal Act is amended by inserting after section 27A the following section:- " 27B. Investment of moneys. (1) Subject to this section a Board may from time to time invest moneys standing to the credit of any account or fund kept by it under this Act and not required for the time being for the purposes of this Act- (a) in securities of or guaranteed by the Government of the Commonwealth or of the State; (b) on deposit in any bank; (c) with an authorised and approved dealer; (d) in any other investment approved by the Treasurer. (2) Every security, safe custody acknowledgment or other document evidencing title issued in respect of any investment shall be held by the Board concerned. (3) For the purposes of this section- (a) The Committee of Direction of Fruit Marketing and The Cannery Board both constituted under The Fruit Marketing Organisation Acts 1923 to 1964, and State Wheat Board shall each be deemed to be a Board;

Primary Producers' Orgqnisation, Etc., Act Amdt Act 1973, No. 17135 (b) the expression " authorised and approved dealer " means a person- (i) who is an authorised dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (ii) who is approved by the Governor in Council by Order in Council.". 12. Amendment of s. 28. Section 28 of the Principal Act is amended by adding the following subsection:- " (4) For the purposes of this section Queensland Commercial Fishermen's State Council constituted under this Act shall be deemed to be a Board to which a precept referred to in subsection (1) may be issued, and such precept may be issued in respect of fish as if fish were a commodity.". 13. Amendment of s. 29A. Section 29A of the Principal Act is amended by omitting the words "" The Companies Acts, 1863 to 1913," " and inserting in their stead the words " the Companies Act 1961-1972 ". 14. Amendment of s. 29AA. Section 29AA of the Principal Act is amended by, in subsection (2), omitting the words " " The Companies Acts, 1931 to 1953," " and inserting in their stead the words " the Companies Act 1961-1972 ". 15. Amendment of s. 29AB. Section 29AB of the Principal Act is amended by omitting the words " three hundred of " The Companies Acts, 1931 to 1953," " and inserting in their stead the words " 310 of the Companies Act 1961-1972 ". 16. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Commercial fishermen ' s local branches , district councils and Queensland Commercial Fishermen 's State Council. (1) For the fishing industry there shall be constituted- (a) Commercial fishermen's local branches; (b) Commercial fishermen's district councils; (c) Queensland Commercial Fishermen's State Council. (2) A commercial fishermen's district council shall be constituted in and for each of such districts as are prescribed from time to time. A district council shall consist of the number of representatives prescribed from time to time, appointed by each prescribed commercial fishermen's local branch. (3) A commercial fishermen's local branch shall. be constituted for each of such areas as are prescribed and shall consist of fishermen who are qualified as prescribed. (4) Queensland Commercial Fishermen's State Council by that name shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts and sums of money due to it and of acquiring, holding, demising and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do or suffer.

136 Primary Producers' Organisation , Etc., Act Amdt Act 1973, No. 17 All courts and persons acting judicially shall take judicial notice of the common seal and until the contrary is proved shall presume that it was -duly affixed to any document on which it appears. The acquisition and holding of land by Queensland Commercial Fishermen's State Council may be as trustee for any commercial fishermen's local branch or commercial fishermen's district council upon such trusts and with such powers as the Governor in Council by Order in Council determines. (5) Queensland Commercial Fishermen's State Council shall consist of the aggregate of the number of representatives that each commercial fishermen's district council is entitled under the regulations to appoint to the State Council from the members of the district council. (6) (a) The functions of Queensland Commercial Fishermen's State Council are:-- (i) To promote and develop the fishing industry; (ii) To organise fishermen with a view to fostering, protecting and advancing their interests; (iii) To encourage and assist co-operation between fishermen and Government Departments of the State and of the Commonwealth, Queensland Fish Board and other bodies with a view to improving methods and efficiency within the fishing industry by means of surveys and research, promulgation of technical and scientific knowledge, the conservation of fish and fishing grounds and any other means that may from time to time be desirable; (iv) To take such action as may be necessary to achieve affiliation with like associations in other States and Territories of the Commonwealth; (v) To establish and maintain publications for the purpose of furnishing to fishermen information relating to the fishing industry or the advancement or interests of fishermen; (vi) Generally to do all such things and take all such steps as are necessary for the protection, advancement and furtherance of the fishing industry. (b) In addition to or in modification of the functions set out in paragraph (a) Queensland Commercial Fishermen's State Council shall have such powers, authorities, functions and duties as the Governor in Council by Order in Council from time to time determines. (7) The power conferred on the Governor in Council to make regulations by section 33 of this Act includes the power to make regulations with respect to all such matters and things as are necessary or convenient for the administration of this section and without limiting the, generality of that power with respect to- (a) the constitution and functions of commercial fishermen's district councils and commercial fishermen's local branches; (b) defining districts in respect of commercial fishermen's district councils and areas in respect of commercial fishermen's local branches;

Primary Producers' Organisation , Etc., Act Amdt Act 1973, No. 17.137 (c) meetings and the conduct of business at meetings of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils and commercial fishermen's local branches; (d) nomination, election, appointment, qualifications, disqualifications, tenure of office, vacation of office, filling of casual vacancies, as the case may be, in respect of members of Queensland Commercial Fishermen' s State Council, commercial fishermen's district councils and commercial fishermen's local branches; (e) empowering Queensland Commercial Fishermen's State Council with the approval of the Minister, from time to time- (i) to fix the fees, expenses and allowances that may be paid to members of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils and commercial fishermen's local branches; (ii) to make a general levy on fishermen for the purpose of carrying out the functions of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils and commercial fishermen's local branches; (f) the methods of collection and recovery of levies including collection and recovery thereof from persons holding moneys to the credit of persons liable to pay those levies; imposing fines for non-payment of levies or non-payment of moneys by persons holding moneys to the credit of persons liable to pay levies; (g) defining for the purposes of this section marine products to which the fishing industry relates; (h) the official seal of Queensland Commercial Fishermen's State Council; (i) facilitating proor of any matter.". 17. Amendment of The Primary Producers ' O rganisation and Marketing , Fruit Marketing Organisation , Wheat Poole and Diseases in Plants Acts Amendment Act of. 1930. (1) The Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act of 1930 is amended by, in section 21, (a) inserting after the words " to call upon " the words " all or any of the following bodies "; (b) in subparagraph (a), omitting the expression " /or " where it occurs, in each case; (c) omitting the expression " and/or " where it occurs between subparagraphs (a) and (b) and between subparagraphs (b) and (c), in each case; (d) inserting after subparagraph (c) the following word and subparagraph:- 11 , and (d) Queensland Commercial Fishermen's State Council constituted under the Primary Producers' Organisation andMarketingAct1926-1973 ";

138 Primary Producers' Organisation , Etc., Act Amdt Act 1973, No. 17 (e) omitting all words commencing with the words "Agriculture and Stock " to the words " (c) aforesaid " and inserting in their stead the words " Primary Industries, addressed to the manager or other governing or executive officer for the time being of each of the bodies referred to in this section ". (2) The Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act of 1930 as amended by this section may be cited as the Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act 1930-1973. 19..' . - at of The Prh ^y Producers' Organisation and Marketing Ac s and Other Acts / i€ iF Act of 1941. (1) The Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act of 1941 is amended by, in section 5, omitting the words " Secretary for Agriculture and Stock " where they occur and inserting in their stead in each case the words " Minister for Primary Industries ". (2) The Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act of 1941 as amended by this section may be cited as the Primary Producers' Organisation and Marketing Acts and Other Acts Amendment Act 1941-1973.