Primary Producers' Organisation and Marketing Act Amendment Act 1981 (Qld)

254 (QutQ.it .l^tttir ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1981 An Act to amend the Primary Producers' Organisation andMarketingAct 1926-1979 in certain particulars [ASSENTED TO 20TH MAY, 19811

Primary Producers ' Organisation & Marketing Act Amdt Act 1981, No. 38 255 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 1981. (2) The Primary Producers' Organisation and Marketing Act 1926-1979 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 Marketing Act1926-I981. 2. Commencement . (1) This section and section 1 shall commence on the day on which the Governor gives his assent to this Act for and on behalf of Her Majesty. (2) Except as provided by subsection (1) this Act shall commence on a day to be appointed by Proclamation. 3. Amendment of s. 4. Council of Agriculture . Section 4 of the Principal Act is amended by- (a) in paragraph (iii) of subsection (2) omitting the words " the State Wheat Board shall be deemed to be a Board, and the Queensland Milk Board shall be deemed to be a Board " and substituting the words " and the State Wheat Board, the Queensland Milk Board, the Queensland Fish Board and the Queensland Commercial Fishermen's State Council shall each be deemed to be a Board "; (b) in subsection (3)- (i) omitting the word " and " appearing at the end of paragraph (xviii); and (ii) inserting after paragraph (xix) the following paragraphs:- " (xx) The Queensland Fish Board, one representative; (xxi) The Queensland Commercial Fishermen's State Council, one representative ". 4. Amendment of s. 13. General powers of Board. Section 13 of the Principal Act is amended by in paragraph (iiiA) inserting after the expression " 1978 " the words " and with the prior approval of the Minister given either generally or in a particular case to- (a) acquire, hold and dispose of shares in a corporation, being a corporation within the meaning of the Companies Act 1961-1979; and (b) engage in futures commodity exchange trading in any items listed on a futures exchange ".

256 Primary Producers ' Organisation & Marketing Act Amdt Act 1981, No. 38 5. New ss. 14B and 14C . The Principal Act is amended by inserting after section 14A the following sections:- " 14B. Marketing Board to be corporation for certain purpose. For the purpose of section 206 of the Land Act 1962-1978 a Marketing Board shall be deemed to be and at all times to have been a body corporate constituted by an Act with power to take, acquire, purchase and hold land. 14C. Marketing Board may offer book debts and commodity as security . (1) Where a Marketing Board borrows any money pursuant to the powers conferred upon it by this Act for the purpose of making or arranging for advances on account of the commodity delivered to the Board it may offer as security the book debts of the Board or the commodity held by the Board. (2) Where, pursuant to subsection (1), a Marketing Board offers the commodity held by it as security for a debt then any charge or mortgage had over the commodity as a result of the acceptance of that offer shall have priority over every prior bill of sale, mortgage, charge, lien or other encumbrance granted or created over any of the commodity by the grower thereof.". 6. Amendment of s. 30. Section 30 of the Principal Act is amended by in subsection (7A)- (a) inserting after the words " suing and being sued, and " the words " notwithstanding any other provision of this Act "; and (b) omitting the second paragraph. 7. New section 30B. The Principal Act is amended by inserting after section 30A the following section:- "30B. Queensland Cane Growers' Council may hold property as trustee. (l) The Queensland Cane Growers' Council shall in its corporate name have power to purchase, sell, take on lease, lease, exchange and hold land as trustee for any district cane growers' executive or any mill suppliers' committee upon trust for all or any of the objects and purposes of such executive or, as the case may be, committee. (2) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property upon trust for all or any of the objects and purposes of a district cane growers' executive or mill suppliers' committee and that executive or committee ceases to exist then- (a) where another executive or, as the case may be, committee is substituted for that executive or committee; or (b) where pursuant to section 30 (5) that executive is amalgamated with one or more other district cane growers' executives, the Queensland Cane Growers' Council shall hold that property upon trust for the same objects and purposes in relation to the substituted executive or committee or, as the case may be, the executive formed as a result of the amalgamation of one or more executives as referred to in paragraph (b).

Primary Producers' Organisation & Marketing Act Anult Act 1981, No. 38 257 (3) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property as trustee for a district cane growers' executive or a mill suppliers committee and that executive or committee ceases to exist and no other executive or committee is substituted for that executive or committee and in the case of a district cane growers' executive, that executive is not amalgamated with one or more other district cane growers executives, then the Queensland Cane Growers' Council shall hold the property on trust- (a) in a case where the executive or committee has ceased to exist pursuant to the provisions of an Act-for such objects and purposes as are specified in that Act; (b) in a case where the Act referred to in paragraph (a) is silent as to the objects and purposes for which the property is to be held-for the objects and purposes specified in a document evidencing the trust, which are contingent upon the executive or, as the case may be, committee ceasing to exist.". 8. Amendment of s. 33. Regulations . Section 33 of the Principal Act is amended by- (a) in subsection (3) omitting the words " be published in the Gazette, and thereupon, subject to subsection four hereof, shall " and substituting the words ", subject to section 28A of the Acts InterpretationAct1954-1977,"; and ( b) omitting subsection (4).