Primary Producers' Organisation and Marketing Act Amendment Act 1983 (Qld)

256 (Queertelaub ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1983 An Act to amend the Primary Producers ' Organisation and Marketing Act 1926 - 1981 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

Primary Producers' Organisation and Marketing Act Amendment Act 1983, No. 24 257 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 1983. (2) In this Act the Primary Producers' Organisation and MarketingAct1926-1981 is 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 Act1926-1983. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Amendment of s. 13. General powers of Board . Section 13 of the Principal Act is amended by- (a) in provision (iiiA)- (i) omitting all words from and including ", and to guarantee " to and including " the Primary Producers' Co-operative AssociationsAct1923-1978 "; (ii) omitting from the end of subprovision (a) the word "and"; (iii) inserting after subprovision (b) the following word and subprovision :- " and (c) guarantee and give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or take or otherwise acquire and hold shares in an association registered under the Primary Producers' Co-operativeAssociations Act1923-1981;"; (b) adding at the end of the section the following paragraph:- The State Wheat Board shall be deemed to be a Board for the purposes of provision (iiiA) of this section.".

258 Primary Producers' Organisation and Marketing Act Amendment Act 1983, No. 24 4. Amendment of s. 14C. Marketing Board may offer book debts and commodity as security . Section 14c of the Principal Act is amended by- (a) in subsection (1), omitting after the words " of the Board " the words " or the commodity held by the Board." and substituting the words ", the commodity held or to be held by the Board and any property (real or personal) held or to be held by the Board."; (b) in subsection (2), inserting after the words " the commodity held " the words " or to be held "; (c) adding after subsection (2) the following subsection:- " (3) When a Marketing Board executes a charge or mortgage over a commodity as a result of the acceptance of an offer by the Marketing Board of the commodity as security for a debt and thereby assigns part of the commodity that is not then in existence, the property in that part of the commodity shall pass pursuant to the assignment immediately that part of the commodity comes into existence.". 5. Amendment of s. 18 . Section 18 of the Principal Act is amended by- (a) in subsection (2), inserting after the words " quality of the commodity" the following expression and words:- '' Provided that where- (c) a grower to whom no payment has been made by the Board pursuant to the provisions of subparagraphs (a) or (b) of this subsection signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement under those provisions to pool payments for the commodity delivered by him to the Board; or (d) a grower to whom total payment has not been made by the Board pursuant to the provisions of subparagraphs (a) or (b) of this subsection signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement pursuant to those provisions to payment of the balance of pool payments for the commodity delivered by him to the Board, the Board may make payment of the amount determined by the Board to the grower who shall be deemed to have accepted that amount in full satisfaction and discharge of his entitlement under this subsection "; (b) inserting after subsection (2) the following subsections:- " (2A) Surplus to be credited . A surplus of moneys which arises from the operation by the Board of the payment schemes

Primary Producers' Organisation and Marketing Act Amendment Act 1983, No. 24 259 or any of them pursuant to subsection (2) shall be placed to the credit of a Cash Payment Scheme Reserve Account which account may be drawn upon in the manner approved or prescribed. (2B) Loss recoverable . Notwithstanding the provisions of subsection (2) where the Board sustains a loss of moneys arising from the operation by the Board of the payment schemes or any of them pursuant to subsection (2), as a result of the overpayment by the Board to growers of payments, the Board may- (a) recover from each grower concerned in that overpayment, in any court of competent jurisdiction, the amount by which each grower has been overpaid as a debt due and owing to the Board ; or (b) with the prior approval of the Minister, utilize funds standing to the credit of the Cash Payment Scheme Reserve Account to meet that loss of moneys."; (c) in subsection (5)- (i) omitting the words " Working Account " and substituting the word " General "; (ii) inserting after the words " Board's business in " the word " any "; (iii) adding after the existing paragraph the following paragraphs and subsection:- " The Board may transfer moneys received by the Board but not forming part of the proceeds of the sale of the commodity to the General Reserve Fund. All moneys standing to the credit of the Working Account Reserve Fund at the commencement of the Primary Producers' Organisation and Marketing Act Amendment Act 1983 shall be transferred as soon as practicable to the General Reserve Fund. (6) For the purposes of subsection (5) the State Wheat Board shal I be deemed to be a Board.". 6. Amendment of s. 27B . Section 27B of the Principal Act is amended by- (a) in subsection (1)- (i) in provision (a) omitting the words " the State " and substituting the words " a State or Territory of the Commonwealth "; (ii) omitting provision (b) and substituting the following provision:- (b) with or on deposit with a bank or in securities issued, guaranteed or accepted by a bank;"; (iii) omitting provision (c) and substituting the following provision:- (c) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort;";

260 Primary Producers' Organisation and Marketing Act Amendment Act 1983, No. 24 (iv) omitting provision (d) and substituting the following provisions and paragraph:- "(d) with the prior approval of the Minister and the Treasurer, by way of loan to or in the securities of any statutory body within the meaning of the StatutoryBodiesFinancialArrangements Act1982; (e) in such other securities, investments or other financial arrangements as may be recommended by the Treasurer and approved by the Governor in Council: Provided that no such investment shall have a term in excess of 12 months without the prior approval of the Treasurer."; (b) in subsection (2), omitting the words " by the Board concerned " and substituting the words " either by the Board concerned or by the Treasurer on behalf of such Board or in such other manner as is approved by the Treasurer "; (c) inserting after subsection (2) the following subsection:- " (2A) An approval pursuant to the provisions of subsections (1) or (2) may be granted- (a) in respect of- (i) a specific security, investment or other financial arrangement; (ii) all securities, investments or other financial arrangements of a specific kind or class; or (iii) all securities, investments and other financial arrangements of the Board; (b) for a specific period or without limit of time."; (d) omitting subsection (3) and substituting the following subsection:- " (3) For the purposes of this section, the Committee of Direction of Fruit Marketing and the Cannery Board both constituted under the Fruit Marketing Organisation Acts 1923- 1980, and the State Wheat Board and any other body (corporate or unincorporate) constituted by or under this Act shall be deemed to be a Board.". 7. Amendment of s. 29B . Superannuation of employees . Section 29B of the Principal Act is amended by- (a) in the first paragraph- (i) omitting the words " the Minister " and substituting the words " Order in Council "; (ii) inserting after the words " or trusts " where they appear at the end of the paragraph the following expression and words:- Provided that those schemes, plans or trusts or any amendments, variations or alterations thereto shall be subject to the prior approval of a committee, comprised of the Chairman

Primary Producers' Organisation and Marketing Act Amendment Act 1983, No. 24 261 of the Public Service Board within the meaning of the PublicService Act1922-1978, the Under Treasurer and the State Actuary of the State "; (b) in the second paragraph inserting after the words " State Wheat Board," the words " the Committee of Direction of Fruit Marketing constituted under the Fruit Marketing Organization Act 1923-1980 "; (c) omitting the third paragraph. 8. Amendment of s. 33. Regulations . Section 33 of the Principal Act is amended by in subsection (1), in the second paragraph, in provision (iii), in subprovision (f), inserting after the fourth paragraph the following paragraph:- " Requiring and empowering a Board to deduct from gross realizations for the commodity any levy or toll that is made or imposed on the commodity by any statutory body pursuant to the provisions of the legislation constituting that statutory body, and to remit the total proceeds of that deduction to the statutory body concerned.".