Primary Producers' Organisation and Marketing Act Amendment Act 1987 (Qld)

764 ueensfanb ANNO TRICESIMO SEXTO ELIZABETHAE SECUN D AE REGINAE 1N0Jo 7 c', _7 An Act t o amend the Primary Pro ducers' Or g anisation and Marketing Act 1926 - 1985 in .certain particulars [ASSENTED TO 1ST OCTOBER, 1987]

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 765 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. This Act may be cited as the Primary Producers' Organisation and Marketing Act Amendment Act 1987. 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) Section 21 shall be deemed to have commenced on 11 May 1987 and shall be deemed to have retrospective effect accordingly. (3) Except as provided by subsections (1) and (2), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Principal Act and citation as amended . (1) In this Act the PrimaryProducers' Organisation and Marketing Act 1926-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Primary Producers' Organisation and Marketing Act 1926-1987. 4. Repeal of and new long title. The Principal Act is amended by omitting the long title and substituting the following long title:- "An Act to provide for the orderly marketing of rural commodities, the establishment, operation and accountability of Marketing Boards, producer representative bod ies and the Council of Agriculture and for related purposes". 5. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by- (a) inserting after the definition "Affiliated Body" the following definition:- "Appointed day" means the day appointed by the Governor in Council by Order in Council pursuant to section 40 (2);"; (b) inserting after the definition "Authorised agent" the following definition:- "Bank" has the same meaning as in the Statutory Bodies FinancialArrangements Act 1982-1984;"; (c) omitting from the definition "Board" all words from and including the words "The term expressly" to and including the words "also a Marketing Board" and substituting the words "The term expressly includes the State Council of each producer representative body and each Marketing Board";

766 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 (d) inserting after the definition "Grower" the following definition:- "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 or condition; and (b) advertising of the commodity and such other measures designed to promote the sale of the commodity;"; (e) inserting after the definition "Minister" the following definition:- "Neett proceeds of sale"-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 (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 provision (a) (ii); (f) omitting the definition "Prescribed" and substituting the following definitions:- " "Prescribed"-Prescribed by any prescribed instrument; "Prescribed instruments"-Regulations, Orders in Council, guidelines, directions, instructions, by-laws, rules, and other instruments made under the authority of this Act;"; (g) inserting after the definition "Primary producer" the following definition:- "Producer representative body"-The Queensland Cane Growers' Organisation, each body constituted pursuant to this Act as a consequence of the making of an Order in Council pursuant to section 30 (9) and the Queensland Commercial Fishermen's Organization constituted under section 132 of the FishingIndustry Organization and Marketing Act 1982-1985;". 6. Amendment of s. 4. Council of Agriculture . Section 4 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsections:- "(2) On and from the commencement of section 6 of the Primary Producers' Organisation and Marketing Act Amendment

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 767Act 1987 the existing members of the Council shall go out of office and the Council shall consist of the following members:- (a) A member of each of the Boards specified in the First Schedule who shall be elected by and shall represent that Board; (b) A member of each of the Boards constituted pursuant to the provisions of section 9 (1) or of section 30 (9), or pursuant to a provision enacted in any other Act in substitution for those provisions, after the date of commencement of section 6 of the Primary Producers' Organisation and Marketing Act Amendment Act 1987 who shall be elected by and shall represent that Board; (c) A member of any organisation that- (i) has applied to be represented on the Council; and (ii) has had its application recommended by the Council to the Minister and granted by the Governor in Council by notification published in the Gazette, who shall be elected by and shall represent that organisation; (d) A person appointed in writing by the Minister to be his representative on the Council. (2A) Each Board or organisation referred to in subsection (2) (a), (2) (b) or (2) (c) shall notify the Council of the name of the member elected to represent that Board or organisation on the Council and that notification shall be made- (a) in writing to the secretary of the Council; (b) within such period as the Council may require."; (b) omitting subsections (3) and (4) and substituting the following subsections:- "(3) Subject to this Act- (a) a person who is a member of the Council pursuant to subsection (2) (a), (2) (b) or (2) (c) shall hold office as a member until the expiry of his term as a member of the Board or organisation that he represents on the Council or until that Board or organisation, as the case may be, notifies the Council in writing that such person is no longer to be the representative of that Board or organisation, whichever event is the earlier; (b) a person who is a member of the Council pursuant to subsection (2) (d) shall hold office as a member at the pleasure of the Minister.

768 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 (4) (a) Subject to subsection (8) a person who is a member of the Council pursuant to subsection (2) (a), (2) (b) or (2) (c) may nominate a person - to act as a delegate member of the Council to deputise for that member of the Council. (b) A nomination of a delegate member- (i) may be made only if the member for whom the delegate is sought will be absent from any meeting or meetings of the Council because of illness, absence from the State or other unavoidable reason; (ii) if it is to continue in effect for a period of three months or more, may be made only with the approval of the Minister first had and obtained; and (iii) shall be notified in writing to the secretary of the Council as soon as practicable after it is made. (c) For so long as his nomination as such continues in effect a delegate member shall be entitled to attend meetings of the Council in the absence of the member for whom he is deputising and shall be deemed to be a member of the Council. (d) A nomination of a person as a delegate member shall terminate and be of no further effect- (i) in the case of a nomination expressed to be for the purpose of any meeting or meetings of the Council, upon the conclusion of that meeting or, as the case may be, the last of those meetings; (ii) in the case of a nomination expressed to be for a period, upon the expiration of that period; (iii) if the member vacates his office as prescribed by subsection (10); (iv) upon the occurrence of any event that would cause his vacating office as a member were he a member of the Council."; (c) omitting subsections (5) and (6); (d) in subsection (8)- (i) omitting the words "President and Deputy President." where they appear as a note to the subsection; (ii) omitting the words "Deputy President" wherever they occur and substituting the words "Deputy Chairman"; (iii) omitting the word "President" wherever it occurs and substituting the word "Chairman";

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 '69 (e) in subsection (10)- (i) omitting subparagraph ( a) and substituting the following subparagraph:- "(a) if he ceases to be a member of the Board or organisation that he represents on the Council;"; (ii) omitting subparagraph ( e) and substituting the following subparagraph:- "(e) if the Board or organisation that he represents on the Council ceases to be a Board or organisation for the purposes of this Act."; (f) omitting subsection (11); (g) in subsection (13)- (i) omitting the first, second and third paragraphs and substituting the following paragraphs:- "There shall be constituted an Executive Committee of the Council , in this section referred to as "the Executive". The Executive shall be responsible to the Council and shall consist of the following members:- (a) the Chairman and Deputy Chairman of the Council and the member of the Council appointed by the Minister , who shall be members ex officio; and (b) four other members of the Council , or such other number as may be prescribed ,, elected from time to time by the Council. The Council may elect two of its members as alternate members of the Executive. Where the ex officio member of the Executive appointed to the Council by the Minister is unable to attend a meeting of the Executive , the Minister may appoint an alternate member thereof who may attend the meeting in the stead and with the powers and responsibilities of the absent member. Where an elected member of the Executive is unable to attend a meeting of the Executive , either elected alternate member thereof may attend the meeting in the stead and with the powers and responsibilities of the absent member: Provided that an alternate member shall not act in the stead of more than one elected member of the Executive at the one time."; (ii) omitting the fifth paragraph and substituting the following paragraph:- "The elected members of the Executive shall hold office for such period as the Council may determine.

770 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 If a vacancy occurs at any time in the office of an elected member, the Executive may appoint any member of the Council to fill that vacancy, and the term of office of the member of the Council so appointed shall expire on the date on which the terms of office of the remaining elected members expire."; (iii) omitting from the sixth paragraph the words "The President may" and substituting the words "The Chairman of the Council shall be Chairman of the Executive and may"; (iv) omitting the seventh and eighth paragraphs; (h) omitting subsection (14) and substituting the following subsection:- "(14) The Council shall convene an annual meeting and at least one other meeting in every year with the date of each such meeting to be fixed by the Executive. The Executive may direct that a special meeting of the Council be convened and the Chairman (or, in the absence of the Chairman, the Deputy Chairman) shall thereupon convene such special meeting. Unless otherwise approved, the Chairman (or the Deputy Chairman, as the case may be) shall give the members of the Council not less than seven days notice of the convening of each meeting of the Council."; (i) adding after subsection (15) the following subsections:- "(16) The Chairman shall report all decisions and recommendations of the Council and of the Executive to the Minister. (17) The Council may establish a committee or subcommittee of such number of members of the Council and other persons as the Council may determine to investigate and report back to the Council on any matter that the Council may refer to that committee or subcommittee. The Chairman of the Council shall be ex officio a member of each such committee or subcommittee of the Council. (18) The Chairman of the Council shall seek the views of the Council in respect of any matters referred to the Council by the Minister and shall submit a report to the Minister in writing or in such other manner as the Minister may require. (19) The Council shall, by formal resolution, adopt Standing Orders for the conduct of meetings and debate. Where any matter arises that is not covered by the Standing Orders so adopted, the decision of the Chairman in respect of that matter shall be final. (20) For the purposes of this section- (a) the term "organisation" means any body, corporate or unincorporate, that has been established to

Primary Producers' O rganisation and Marketing Act Amendment Act 1987, No. 57 771 represent the growers or producers of any commodity or of any other agricultural, horticultural, livestock or maritime product; (b) the State Wheat Board, the Committee of Direction of Fruit Marketing and the Queensland Milk Board shall each be deemed to be a Board.". 7. New s. 5A. Precept by Council. The Principal Act is amended by inserting immediately after section 5 the following section:- "5A. Precept by Council. (1) The Council may issue a precept of such amount as the Council may from time to time determine in respect of each Board and organisation that is a member of the Council pursuant to section 4. (2) A precept issued by the Council in accordance with subsection (1) shall be a debt due and owing to the Council by the Board or organisation concerned.". 8. Repeal of and new s. 7. Functions of the Council . The Principal Act is amended by repealing section 7 and substituting the following section:- "7. Functions of the Council. The functions of the Council are to- (a) provide a forum for the discussion of matters of common interest to Boards and organisations represented on the Council, in this section referred to as represented bodies; (b) advise the Minister upon any matter that he may refer to the Council for consideration or any matter that the Council deems pertinent; (c) co-ordinate the views of represented bodies and represent those views to relevant agencies and in any public forum on matters of common interest to those represented bodies; (d) consult and co-operate with Government on legislative and other matters of common interest to represented bodies; (e) investigate and co-ordinate trade development activities on behalf of represented bodies; (f) provide goods and services and co-ordinate the provision of goods and services to represented bodies; and (g) generally do all such things and take all such steps as may from time to time be considered appropriate by the Council for the protection, advancement or furtherance of primary industry.".

772 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 9. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in subsection ( IA), in the final paragraph- (i) omitting from subparagraph ( a) the words " one thousand dollars" and substituting the words "20 penalty units"; (ii) omitting from subparagraph ( b) the words " forty dollars" and substituting the words " two penalty units"; (iii) omitting from subparagraph ( c) the words " one thousand dollars" and substituting the words " 40 penalty units"; (b) inserting immediately after subsection ( lA) the following subsection:- "(1 B) Where a commodity has been declared by Order in Council and a Board has been constituted in relation to the commodity so declared pursuant to subsection ( 1), the Governor in Council may by Order in Council ( which Order shall for the purposes of this section be deemed to be an Order in Council merely ancillary to the Order or Orders declaring the commodity and constituting the Board ) limit the definition of the commodity so declared by reference to any one 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. On and from the date of that lastmentioned Order in Council, 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."; (c) in subsection (2)- (i) inserting after the words "fixed by such Order" the words "or at a point, stage or time within the growing cycle of the commodity"; (ii) adding at the end of the subsection the following paragraphs:- "Where an Order in ':ouncil has been made, under the provisions of this vction, prior to the commencement of section 9 of the Primc-y Producers' Organisation and Marketing Act 1987, in respect of a commodity, the Governor in Council may by another Order in Council (which last-mentioned Order in Council shall for the purposes of this section be deemed to be merely ancillary to the first-mentioned Order in Council) provide and declare that after the making of that last-mentioned Order in Council 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.

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 773 To the extent that, as a result of operation of the provisions of the preceding paragraph, there is any inconsistency between the first-mentioned and last-mentioned Order in Council, the last-mentioned Order shall prevail."; (d) in subsection (5), omitting the second paragraph and substituting the following paragraphs:- "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 Order in Council 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 such Order should be made and, in the event of such petition, a poll shall be conducted by the Department. Following that poll, such Order shall not be made unless- (a) not less than 50 per centum of growers of the commodity elegible to vote on any such question have duly exercised their right to vote in the poll; and (b) not less than 60 per centum of the valid votes cast are in favour of the making of the Order. For the purposes of this subsection the Department is hereby authorised to compile a list of the voters who shall be so eligible to vote. 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 provisions (a) and (b) of this subsection.". 10. Reneal of s. 9A. Northern Pig Board. The Principal Act is amended by repealing section 9A. 11. of s. 10A. Existing Boards. Section 10A of the Principal Act is amended by inserting in the first paragraph after the word "Gazette" the words "and by notification published in at least one newspaper normally circulating in the Board's area of operation". 12. ATr_r- of s. 11. Commodity Board. Section 11 of the Principal Act i ne zded by- (a) inserting after subsection (1) the following subsections:- "(IA) 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 three), 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.

774 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 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; (b) the chairman is an elected representative of growers; and (c) no employee of the Board is appointed as an additional member of the Board. (1 B) 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 (1A). (lc) Subject to this Act, a person or persons appointed to be a member of a Marketing Board pursuant to subsection (lA) shall hold office for the balance then remaining of the term then current of the elected representatives of growers on the Board."; (b) in subsection (3), omitting the word "The" where it occurs at the commencement of the section and substituting the words "Except where the Board is a producer representative body within the meaning of section 30c, the"; (c) inserting after subsection (3) the following subsection:- "(3A) A Board may, subject to the approval of the Minister, carry on business under a business name registered under the Business Names Act 1962-1979."; (d) omitting subsection (4) and (4A) and renumbering subsection (4B) as subsection (4); (e) omitting subsection (8) and substituting the following subsections:- "(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 his 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 (1A), 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

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 775 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 chairman of a Board, the Minister shall on the nomination of the Board appoint another elected member of the Board to be chairman for the balance then remaining of the current Board's term of office. (11) Part A of the Second Schedule shall apply in respect of meetings of Marketing Boards.". 13. Amendment of s. 11c. Termination of term of office of Board. Section I lc of the Principal Act is amended by omitting from subsection (1) all words from and including the words "(b) if in the opinion" to and including the words "to be terminated," and substituting the following words:- "(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 chairman 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,". 14. New ss . 11D and 11E . The Principal Act is amended by inserting after section I 1 c the following sections:- "11D. Confidentiality of members of a Board . (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 Director-General or the Auditor- General; (b) to a lawfully constituted court or tribunal; or (c) in the course of carrying out his 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), he may by notice in writing remove that person from office as a member of the Board. 11E. Vacation of office. A person who is a member of a Board shall be deemed to have vacated office as such member- (a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (b) in the event of his absence, without first obtaining leave of the Board, in writing, from 3 consecutive

776 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 ordinary meetings of the Board of which notice has been duly given to him; (c) if he is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (d) if he has been convicted in Queensland of an indictable 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 offence; (e) if he is removed from office by the Minister for failure to comply with the provisions of section 11 D; or (f) if he is a patient within the meaning of the Mental Health Services Act 1974-1984.". 15. Amendment of s. 13. General powers of Board. Section 13 of the Principal Act is amended by- (a) omitting the word "and" where it appears immediately after subprovision (b) of provision (iiiA); (b) adding after subprovision "(c)" of provision (iiiA) the following words:- "and (d) engage in financial hedging operations in relation to the Board's expected returns, liabilities or assets;"; (c) omitting from the last paragraph the words "The State Wheat Board shall" and substituting the words "The State Wheat Board, the Committee of Direction of Fruit Marketing and the Council shall each". 14. Amendment of s. 14. Powers of Marketing Board . Section 14 of the Principal Act is amended by- (a) numbering the first paragraph of the section "(1)"; (b) numbering the final paragraph of the section "(2)"; (c) in subsection (1) as so renumbered- (i) omitting the words "sell or arrange for the sale" and substituting the words "market or arrange for the marketing"; (ii) omitting provision (iii); (iii) omitting the expression "." where it occurs at the end of • provision (viii) and substituting the expression "•"•

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 777 (iv) adding after provision (viii) the following provisions:- "(ix) insure the commodity against physical loss or damage; and (x) operate laboratory and testing facilities."; (d) adding after subsection (2) as so renumbered the following subsections:- "(3) A Marketing Board may- (a) supply, sell or otherwise make available to growers seed, planting material and such other services as may be approved, on such conditions and at such price as determined by the Board; and (b) act as an agent for the supply or sale to growers of seed, planting material and such other services as may be approved. (4) When a Marketing Board has facilities, resources and property that are not at the material time required to be used exclusively for the storage, handling, grading, testing or processing of the commodity or commodities under its control, the Board may use such facilities, resources and property to store, handle, grade, test or, subject to the approval of the Minister in writing, process other commodities, produce or products, and for those purposes only- (a) shall do all acts, matters and things that are necessary or expedient; (b) may make such charges for its services, at least equal to the costs of providing those services, as it may from time to time determine; and (c) shall have the same powers, in respect only of such storing, handling, grading, testing or processing, as it would have had if any such commodity, produce or product, as the case may be, were a commodity under the control of the Board. For the purposes of this subsection, the State Wheat Board shall be deemed to be a Marketing Board.". 17. Amendment of s. 14A. Marketing Board to insure against defalcations by agent . Section 14A of the Principal Act is amended by omitting the words "Auditor-General" wherever they appear in subsection (4) and substituting the words "Director-General" in each case.

778 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 18. New ss. 14D , 14E and 14F. The Principal Act is amended by inserting after section 14c the following sections:- "14D. Financial arrangements . A Board may- (a) borrow or raise money from or otherwise enter into financial arrangements with any one or more of the following:- (i) the Treasurer of the Commonwealth or of the State; (ii) the Queensland Government Development Authority and the Queensland Industry Development Corporation; (iii) the Reserve Bank of Australia; (iv) any bank; (v) any other person, body or institution as may be approved by the Minister; (b) draw, make, accept, endorse, discount, execute and issue:- (i) bills of exchange; (ii) promissory notes; (iii) bankers' acceptances; (iv) bills of lading; (v) other transferable or negotiable instruments; (c) obtain finance by way of overdraft; (d) borrow or raise money by way of the sale or issue of- (i) debentures; (ii) bonds; (iii) inscribed stock; (iv) other securities approved by the Treasurer; (e) enter into lease finance arrangements; and (f) enter into such other financial arrangements as may be approved by the Governor in Council. 14E. Debentures , bonds and stock. Section 25 of the StatutoryBodies Financial Arrangements Act 1982-1984 applies in respect of a Board. 14F. Other Marketing Arrangements . A Marketing Board may, subject to the prior approval of the Minister, purchase from any person or body as may be approved, a product, whether produced in Queensland or not, which, if produced within the Board's area of operations, would be a commodity within the meaning of this Act if- (a) the Board is unable to supply on a sales contract from within its area of operation;

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 779 or (b) the Board considers that it is necessary or expedient to supplement the supply of the commodity in order to meet demand.". 19. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) in subsection (2), omitting the word "sale" and substituting the word "marketing"; (b) in subsection (3)- (i) omitting from subparagraph (a) the words "not more than two hundred dollars" and substituting the words "not exceeding 20 penalty units"; (ii) omitting from subparagraph (b) the words "not more than four hundred dollars" and substituting the words "not exceeding 100 penalty units"; (iii) omitting from subparagraph (c) the words "not more than one thousand dollars" and substituting the words "not exceeding 200 penalty units"; (c) in subsection (4), omitting from subparagraph (d) the words "sales and purchases or receipts" and substituting the words "sales, deliveries, purchases or receivals". 20. Am endment of s. 18. Section 18 of the Principal Act is amended by- (a) in subsection (2)- (i) inserting after the words "delivered to the Board" the words "who has complied with the requirements of any notice issued pursuant to section 25"; (ii) omitting from subparagraph (a) all words from and including the words "If included" to and including the words "zone or zones" and substituting the words "If included in a separate pool as provided for in subsection (7)"; (iii) inserting in subparagraph (d) after the words "pool payments" the words "or part thereof"; (b) in subsection (3), omitting the words "dockages or deductions" and substituting the words "deductions, dockages, premiums or other adjustments"; (c) omitting subsection (5) and substituting the following subsection:- "(5) A Board may- (a) with the prior approval in writing of the Minister, establish and maintain a reserve fund or reserve

780 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 funds for such purposes as may be prescribed or, so far as is not so prescribed, as may be approved; and (b) with the prior approval of the Minister in each case, establish a reserve fund account or accounts in respect of the fund or funds, and may draw upon that fund or those funds in connexion with the business of the Board in such manner as may be prescribed or, so far as is not so prescribed, as may be approved. The Board may, with the prior approval in writing of the Minister, deduct from the net proceeds from the sales of the commodity for any one year or season and place into a reserve account or reserve accounts, an amount not exceeding five per centum of those net proceeds. Where- (a) the Board operates a payment scheme in accordance with subsection (2), it may make that deduction from the net proceeds of sale; (b) the Board operates a payment arrangement approved pursuant to section 18A or 18B, it may make that deduction in such manner as is approved. The Minister may from time to time issue a direction to the Board in respect of the level of liquidity of reserve funds to be maintained by the Board and the Board shall comply with any such directions. The Board may transfer moneys, received by the Board, that do not form part of the proceeds of sale of the commodity to a reserve fund approved pursuant to this subsection."; (d) adding after subsection (6) the following subsections:- "(7) Without limiting the generality of subsection (2), a Board may in any year or season operate separate pools in accordance with this Act on the basis of any one or more of the following:- (a) time of delivery; (b) zone or area of production of the commodity; (c) quality, grade or variety of the commodity; (d) any such other manner as may be prescribed or, if no such manner is prescribed, as may be approved. (8) Before any payment is made to a grower pursuant to this Act, or to any person entitled to receive payment in lieu of a grower pursuant to section 22 or 23A, the Board may deduct from such payment the debts due and owing by that grower of a kind and in the order of priority specified in subparagraphs (a) and (b):- (a) First, debts due and owing to the Crown, or to any person or body representing the Crown; (b) Secondly, debts due and owing to the Board.

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 781 (9) Where, at the end of a financial year, any portion of the commodity delivered to the Board during that financial year or pool period remains unsold, the Board may by resolution- (a) determine, with reference to prevailing conditions and marketing costs, an amount as being the market value of the portion; (b) make such adjustments in the accounts of the Board as will result in a credit being made in respect of that financial year or pool period, as the case may be, of an amount equal to that market value and a corresponding debit being made in respect of the subsequent financial year or pool period, as the case may be; and (c) thereafter treat that portion as having been delivered to the Board in that subsequent financial year or pool period, as the case may be.". 21. New ss. 18A, 18n and 18c, The Principal Act is amended by inserting after section 18 the following sections:- "18A. Variation of payment arrangements . (1) The Governor in Council may, following a request in writing by a Board to the Minister, by Order in Council approve of such variations of the payment arrangements, prescribed by section 18 (2), in respect of the commodity for which the Board is constituted, as may be necessary to ensure that growers of that commodity receive such payments from the net proceeds of sale of the commodity produced by that grower and marketed by the Board, as reflect the proper market value of the commodity having regard to the marketing arrangements adopted by the Board concerned. (2) The payment arrangements with growers operated by The Tobacco Leaf Marketing Board, The Egg Marketing Board, The Central Queensland Egg Marketing Board and The Butter Marketing Board immediately prior to the commencement of section 21 of the Primary Producers' Organisation and MarketingAct Amendment Act 1987 are hereby specifically approved and deemed to be a valid exercise of power under this Act: Provided that the Governor in Council may, by Order in Council, suspend or modify any such ~aymc rat arrangements. arketing a grow=ers. (1) The Governor in Council may, by C -der i- . nsicil, approve of the implementation of a sche e hereLy a irketing Board may, subject to such terms, details and conditions in relation thereto as are specified in that or a subsequent Order in Council, arrange or facilitate on behalf of a grower the pricing of such quantity or proportion as is prescribed or, so far as is not prescribed, as

782 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 approved, of the commodity produced by that grower and to be sold by the Board by reference to a price listed or quoted- (a) on a futures exchange; (b) in an approved commodity market; or (c) by the Board after being determined- (i) as prescribed; (ii) so far as is not prescribed, as approved; or (iii) so far as is neither approved or prescribed, as deemed appropriate by the Board, and any such Order in Council shall take effect according to its tenor. (2) In respect of the quantity or proportion of the commodity dealt with pursuant to subsection (1), the Board may, subject to such terms and conditions as may be specified by the Governor in Council, on behalf of the grower enter into such contracts on a futures exchange or in an approved commodity market and into such currency hedging operations as it considers necessary to give effect to the scheme. (3) In respect of the quantity or proportion of the commodity dealt with pursuant to subsection (1), the Governor in Council may by Order in Council suspend or modify any payment arrangements authorised by this Act and may provide that a grower entering a scheme approved pursuant to subsection (1) shall have no claim for payment under any other section of this Act and such Order in Council shall take effect according to its tenor. (4) The Minister may limit the quantity or proportion of the commodity produced by a grower to be dealt with pursuant to this section by reference to any criteria that the Minister considers to be appropriate. (5) Where a quantity or proportion of the commodity of a grower is dealt with pursuant to subsection (1)- (a) that grower shall be fully responsible for any costs or losses arising therefrom incurred on his behalf by the Board; and (b) the Board may require the grower to lodge with the Board a fidelity bond, bank guarantee or other form of security in relation to the grower's obligations as the Board may determine. (6) It shall not be competent to the Board to use money from a general reserve fund to make or supplement any payment to a grower in respect of any arrangements of a kind referred to in subsection (1).

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 783 (7) This section shall not be construed so as to relieve a grower from his obligations under section 15 in respect of such quantity or proportion of the commodity of the grower as is not dealt with pursuant to this section. (8) The pricing schemes of the kind referred to in subsection (1) implemented by The Cotton Marketing Board, with the approval of the Minister, on or after 11 May 1987 and prior to the date of commencement of section 1 of the Primary Producers'Organisation and Marketing Act Amendment Act 1987, and in existence at that date of commencement, shall be deemed to be a valid exercise of power under this section, notwithstanding that the approval of the Governor in Council, by Order in Council, has been obtained after the date or dates on which those schemes were implemented. 18c. Board may contract with grower. (1) Notwithstanding any other provision of this Act, a Board may contract with a grower to receive a part or all of the commodity produced by that grower for inclusion in any payment or marketing scheme authorised under this Act and subject to such other terms and conditions as the Board may determine. (2) Without limiting the generality of subsection (1), a Board may, as consideration in respect of such a contract, provide for- (a) the supply to the grower of seed, planting material and other services including arrangements as to discounts and terms of credit; (b) inclusion of the commodity supplied to the Board in a specified payment or marketing scheme or arrangement authorised under this Act; and (c) such other terms and conditions as are not inconsistent with the provisions of this Act. (3) A Board may offer different payment or marketing schemes or arrangements in respect of different classes of the contracts referred to in subsection (1). (4) This section shall not be construed so as to relieve a grower from his obligations in respect of the commodity under section 15.". 22. Amendment of s. 22. Remedy against Board confined to claim for an account . Section 22 of the Principal Act is amended by- (a) in the first paragraph, omitting the words "(including any lien on crops under the "Mercantile Act of 1867)" and substituting the words "(including any lien on crops under the Bills of Sale and OtherInstruments Act 1955-1981)"; (b) in the last paragraph omitting the words "the "Mercantile Act of 1867" " and substituting the words "the Bills of Sale and OtherInstruments Act 1955-1981".

784 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 23. Amendment of s. 26. Protection of the Crown and its officers. Section 26 of the Principal Act is amended by- (a) omitting the note to the section and substituting the words "Protection of the Crown etc."; (b) omitting the words "His Majesty or the Minister or the Council" and inserting the words "the Crown, the Minister, the Director of Marketing , a person acting in the room of the Director of Marketing in accordance with section 11 (1), a person who is a member of a subsidiary body within the meaning of section 30E, the Council". 24. Repeal of and new s. 27. Accounts of receipts and disbursements to be kept . The Principal Act is amended by repealing section 27 and substituting the following section:- "27. Financial Administration . Notwithstanding any other Act, the provisions of Part IIA of the Financial Administration and Audit Act1977-1985 apply to a Board and the Council as if each of those bodies were a statutory body within the meaning of that Act.". 25. Repeal of ss. 27c, 27D and 28 . The Principal Act is amended by repealing section 27c ( Annual statement of accounts of a Board), section 27D (Audit of accounts ) and section 28 (Precept by Council). 26. Amendment of s. 29 . Section 29 of the Principal Act is amended in subsection (2) by- (a) omitting from subparagraph ( ii) of the first paragraph the words "as in the last preceding section hereof provided"; (b) omitting the last paragraph and substituting the following paragraphs:- "Before any particular levy is made for the purposes of the establishment of such fund , the Board shall cause a notice of intention to be published in at least one newspaper normally circulating in the Board ' s area of operation. Within 30 days of the publication of such notice , 50 growers of the commodity ( or such other number of growers as may be approved ), may petition the Minister that a poll be taken of all growers of the commodity upon the question of the making of the levy for the establishment of such fund and, in the event of such a petition being received by the Minister , a poll shall be conducted by the Department. Following such a poll, the fund shall not be established and the levy shall not be made unless- (a) not less than 50 per centum of growers of the commodity eligible to vote on any such question have duly exercised their right to vote in that poll;

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 785 and (b) not less than 60 per centum of the valid votes cast are in favour of the establishment of the fund.". 27. Repeal of ss . 29A, 29AA, 29AB and 29AC. The Principal Act is amended by repealing sections 29A (Winding- up of Boards), 29AA (Provisional liquidator ), 29AB (Assets remaining on completion of winding- up of Board ) and 29AC ( Winding-up in progress at the commencement of Part VI of the Companies (Consequential Amendments ) Act 1981). 28. Amendment of s. 29c. Alternative method of levy by Egg Board. Section 29c of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the definition "administrative levy"; (ii) omitting the expression "." at the end of the subsection and substituting the expression ";"; (iii) adding at the end of the subsection the following definition:- " "levy" means a levy made for any of the purposes described in section 29 (2)."; (b) in subsection (2), omitting the words "an administrative levy" and substituting the words "a levy"; (c) in subsection (3) omitting the words "an administrative levy" and substituting the words "a levy". 29. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection (7)- (i) omitting from the fifth paragraph the word "shall" where it first occurs and substituting the word "may"; (ii) inserting after the fifth paragraph the following paragraph:- "The annual sugar industry conference and the annual general meeting of growers may be held conjointly."; (b) in subsection (8)- (i) omitting the word "Regulations" where it twice appears at the commencement of the subsection and substituting the word "Prescribed instruments" in each case; (ii) inserting in paragraph (b) after the words "committees" the words "and of representatives attending the annual sugar industry conference, the annual general meeting of growers and any special conferences convened by the Council"; (iii) omitting the expression ";" from the end of paragraph (c) and substituting the expression ".";

786 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 (c) inserting after paragraph (c) of subsection (8) the following words:- "(8A) Levies. Notwithstanding any other provision in this Act, the Governor in Council may by notice in the Gazette-"; (d) renumbering paragraphs "(d)" to "(j)" both inclusive in that new subsection as paragraphs "(a)" to "(g)" respectively; (e) omitting from paragraph (f), as so renumbered, the words "ten dollars" and substituting the words "20 penalty units"; (f) omitting subsection (7B). 30. New ss. 30c, 30D and 30E. The Principal Act is amended by inserting after section 30B the following sections:- "30c. Producer representative bodies. (1) A producer representative body shall represent the interests of the growers or producers of the commodity in respect of which the body concerned has been established and shall be called the "Queensland (name of growers or producers of the commodity) Organisation". (2) The members of a producer representative body shall be the growers or producers of the commodity for the time being entitled to vote at any election of members of the State Council of the producer representative body or of any subsidiary body of that Council. (3) Subject to this Act, the objects of a producer representative body in relation to the commodity in respect of which it has been established shall be- (a) to- (i) organise growers and producers into a comprehensive body and give all growers and producers an opportunity to voice an opinion and participate in the making of decisions in all matters affecting their industry; (ii) ensure that the views of growers and producers are adequately represented to all bodies the operations of which affect the production, marketing or consumption of the commodity; represent growers and producers on the Council of Agriculture; (iv) do everything possible to ensure for growers and producers a fair return having regard to the capital invested and the labour involved in their industry; (v) make such financial contributions as it sees proper to a union of employers, and help and co-operate

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 787 with that union in industrial matters relating to the commodity; (vi) promote the commodity and to undertake research on subjects relating to the commodity; (vii) promote the adoption of improved production and marketing methods for the commodity; (viii) co-operate with the Council of Agriculture, the Department and other bodies to improve the efficiency and welfare of the industry; (ix) affiliate with similar organisations in Queensland, in the States and Territories of the Commonwealth of Australia, and at the Commonwealth level; (x) establish and maintain services of a commercial or non-commercial nature that are of benefit to a majority of growers or, as the case may be, producers; (xi) establish reserve funds to promote the objects of the producer representative body; (xii) promote the financial welfare and stability of growers and producers, and improve and maintain their quality of life, education, medical services and communications to a standard at least comparable to that existing in other sections of the community involved in similar industries; (xiii) foster and protect the interests of growers and producers; (b) such other objects, necessary or expedient for the administration of this Act, as shall be approved or prescribed. (4) A reference in any Act passed before the commencement of section 30 of the Primary Producers' Organisation andMarketing Act Amendment Act 1987 or in any instrument or other document made before that commencement to a body shown in Column 1 of the Third Schedule shall be construed as a reference to the corresponding body in Column 2 of that Schedule. 30D. State Councils . (1) An Order in Council made pursuant to section 30 (9) may make provision for the constitution of a State Council of the producer representative body to which the Order refers, and that constitution may be amended at any time by the Governor in Council by a further Order in Council. (2) A State Council- (a) shall be capable of exercising all of the powers, authorities, duties and functions of a Board (other than those powers, authorities, duties and functions that specifically relate to a Marketing Board) in accordance with this Act;

788 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 and (b) may carry on business under a business name pursuant to section 11 (3A). (3) For the purposes of this Act, the Queensland Cane Growers' Council, the Queensland Dairyfarmers' State Council, the Queensland Pork Producers' State Council and the Queensland Commercial Fishermen's State Council shall each be deemed to be a State Council within the meaning of this section. 30E. Subsidiary bodies. (1) An Order in Council made pursuant to section 30 (9) may make provision for the constitution of local branches and district councils, or similar bodies, and for each of those bodies to be a subsidiary body of the State Council of the producer representative body to which the Order refers, and that constitution may be amended at any time by the Governor in Council by a further Order in Council. (2) A subsidiary body- (a) may exercise such of the powers of the producer representative body under or pursuant to this Act as may be specified by the Governor in Council, subject to such terms and conditions as may be specified in that or a subsequent Order in Council; (b) shall present an annual report, including audited financial statements where applicable, to the producer representative body in such form and at such time as the producer representative body may determine; and (c) shall, where the body has control of any funds, be audited by the Auditor-General or an officer authorised by him, who shall for those purposes have, and may exercise, all the powers conferred on him under the Financial Administration and AuditAct 1977-1985: Provided that the Governor in Council may, on the recommendation of the Minister following consultation with the Auditor-General, by Order in Council exempt any subsidiary body or subsidiary bodies from such audit by the Auditor-General and direct that an audit be conducted by a person registered as a public accountant under the Public Accountants Registration Act 1946-1975 and such Order in Council shall take effect according to its tenor. (3) For the purposes of this Act- (a) each mill suppliers' committee and each district cane growers' executive shall be deemed to be a subsidiary body of the Queensland Cane Growers' Council; (b) each local dairyfarmers' branch and each district dairyfarmers' council shall be deemed to be a

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 789 subsidiary body of the Queensland Dairyfarmers' State Council; (c) each local pork producers' branch and each District Pork Producers' Council shall be deemed to be a subsidiary body of the Queensland Pork Producers' State Council; (d) each commercial fishermen's local branch shall be deemed to be a subsidiary body of the Queensland Commercial Fishermen's State Council. (4) The declaration of a commodity and the constitution of a Marketing Board pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a Board that is to be a producer representative body pursuant to this Act. (5) The declaration of a commodity and the constitution of a Board that is to be a producer representative body pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a Marketing Board pursuant to this Act. (6) For the purposes of this section and section 30c the term "commodity" shall, in respect of the Queensland Commercial Fishermen's Organization, mean "fish" as defined in section 6 of the Fishing Industry Organization and Marketing Act 1982- 1985.". 31. Amendment of s. 31. Section 31 of the Principal Act is amended by omitting from subsection (3) the words "two hundred dollars" and substituting the words "40 penalty units". 32. Amendment of s. 31A . Undue influence and like offences . Section 31A of the Principal Act is amended by omitting the words "four hundred dollars" and substituting the words "20 penalty units". 33.-Amendment of s. 33. Regulations . Section 33 of the Principal Act is amended by- (a) omitting the note in and at the commencement of the section and substituting the words "Prescribed instruments etc."; (b) in subsection (1)- (i) omitting the words "The Governor in Council may, from time to time, make such regulations" and substituting the words "Prescribed instruments may be made"; (ii) omitting from the second paragraph the word "regulations" and substituting the words "prescribed instruments"; (iii) in subprovision (a 1) of provision (i) omitting the words "twenty dollars" where they twice appear and substituting the words "20 penalty units" in each case;

790 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 (iv) in subprovision (a2) of provision (i)- (A) omitting from the note in and at the commencement of the subprovision the words " under sections 10A, 10c, or 10D"; (B) omitting the words "sections 10A, 10c or 10D of"; (v) inserting after subprovision (e) (i) of provision (iii) the following words:- "(2) Notwithstanding any other provision of this Act, the Governor in Council may by notification published in the Gazette provide for all or any of the following matters:-"; (vi) in subsection (2), as so numbered by this section- (A) omitting the expression "(f)"; (B) omitting from the last paragraph the words "ten dollars" and substituting the words "20 penalty units"; (vii) renumbering subsection (2), as previously so numbered, as subsection (3); (viii) in subsection (3), as so renumbered- (A) omitting the words "The regulations" and substituting the words "A regulation"; (B) omitting the words "one hundred dollars" and substituting the words "20 penalty units"; (ix) renumbering subsection (3), as previously so numbered, as subsection (4). 34. Amendment of s. 34. Annual report of Board. Section 34 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) A Board shall prepare an annual report in accordance with section 461 of the Financial Administration and Audit Act1977-1985."; (b) omitting subsection (5). 35. Amendment of s. 34A. Annual general meeting of growers. Section 34A of the Principal Act is amended by adding after subsection (3) the following subsection:- "(4) Part B of the Second Schedule shall apply in respect of the annual general meeting.". 36. Amendment of s. 34B . Annual report of Director of Marketing. Section 34B of the Principal Act is amended by- (a) omitting subsections (2) and (3); (b) renumbering subsection (4) as subsection (2).

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 791 37. New headnote and ss . 36 to 48. The Principal Act is amended by adding after section 35 the following headnote and sections:- "WINDING UP ARRANGEMENTS 36. Board may be wound up . Subject to this Act, a Board may be wound up by the Supreme Court on any one of the following grounds:- (a) growers have voted for the winding up of the Board in accordance with section 37; (b) the Board has expired through effluxion of time and- (i) has not been reconstituted under this Act; (ii) is not subject to an Order in Council issued pursuant to the provisions of section 10A extending the period for which the Board is constituted; or (iii) has not been amalgamated with any other Board or Boards pursuant to section 10c; (c) if the Governor in Council has so directed upon the recommendation of the Minister following consideration of a report by an inspector appointed pursuant to section 38 and consideration of a poll of growers conducted at the direction of the Minister in respect of any of the matters referred to in section 38 (1) (c) or 38 (1) (e) and in accordance with procedures provided in section 37 (3) and (4); or (d) the arrangements prescribed in section 40 have been completed, and jurisdiction is hereby granted to the Supreme Court accordingly. 37. Initiation of winding up by growers . (1) The Governor in Council may, by Order in Council published in the Gazette (including an Order in Council giving notice pursuant to section l0A), declare that he will receive a petition requesting a poll on the question of whether the Board should be wound up and the property, assets, liabilities and obligations of the Board be thereafter dealt with pursuant to section 40. (2) If such a petition is received, within 30 days from the date of publication of that Order in Council, that requests such a poll and is signed- (a) in the case of a Marketing Board, by 30 per centum of the growers in the Board's area of operation who have delivered a prescribed quantity of the commodity to the Board during a prescribed period; or (b) in the case of a Board constituted pursuant to section 30, by 30 per centum of the growers of the commodity,

792 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 the Minister may direct a poll on that question. (3) In the event of a poll being directed- (a) all growers of the commodity as prescribed for the purposes of this subsection; or (b) if the term growers is not so prescribed, all growers of the commodity in the Board's area of operation, shall be entitled to vote. (4) A poll referred to in subsection (2) shall be conducted by the Department. (5) If- (a) not less than 50 per centum of growers entitled to vote in the poll duly exercise their right to vote; and (b) not less than 60 per centum of valid votes cast are in favour of the winding up of the Board, the Board shall be wound up in accordance with this Act. 38. Appointment of inspector . (1) The Minister may, by instrument in writing, appoint any person to be an inspector to investigate the affairs of a Board, or any particular affairs of the Board as may be specified in the instrument of appointment, if- (a) requested to do so by any creditor or creditors of the Board; (b) the trustees of a debenture trust document have sought the appointment of a receiver pursuant to the terms of a debenture trust deed; (c) the Board recommends to the Minister that the Board be placed into voluntary liquidation; (d) the Board is a Marketing Board and has not received or marketed any of the commodity either directly or by means of an appointed agent for a period of three years; or (e) it appears to the Minister that it is in the public interest that an investigation be carried out into the affairs of a Board or of any particular affairs of that Board. (2) An inspector appointed pursuant to subsection (1) shall report to the Minister at such time and in such manner as the Minister may determine. 39. Powers of inspector . The provisions of Part VII of the Companies (Queensland) Code (Special Investigations) shall be

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 793 deemed to apply in respect of an investigation of a Board by an inspector appointed pursuant to section 38 as if- (a) the Board were a corporation; and (b) the inspector appointed pursuant to section 38 were an inspector, within the meaning of that Part, subject to any modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned. 40. Vesting of property and assumption of liabilities . (1) For the purposes of this section and section 42 the term "Association" means an association registered or proposed to be registered under the Primary Producers' Co-operative Associations Act 1923- 1986 that is, in the opinion of the Governor in Council, representative of the growers of the commodity for which the particular Board is constituted. (2) Where- (a) it is proposed by the Minister that a Board be wound up in accordance with this Act; or (b) growers have so voted in accordance with section 37, the Governor in Council may by Order in Council appoint a day, hereinafter called the appointed day, on and from which- (a) the property and assets of the Board shall be divested from the Board and shall be vested in an Association specified in the Order in Council; and (b) the liabilities and obligations of the Board shall cease to be liabilities and obligations of the Board and shall be liabilities and obligations of the Association specified in the Order in Council. (3) All moneys that, immediately before the appointed day, are standing at credit in a Fund or account administered by the Board together with interest accrued and due thereon shall, on and from the appointed day, belong to and be vested in the Association specified in the Order in Council. (4) All moneys and liquidated or unliquidated claims that immediately before the appointed day are payable to or recoverable by the Board shall on and from the appointed day be payable to and be recoverable by the Association as its property and the Association may pursue such remedies to recover those moneys and claims as might have been pursued by the Board. (5) All property, real and personal, of the Board shall on and from the appointed day be divested from the Board and be vested in the Association. 26

794 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 (6) On and from the appointed day- (a) all contracts and agreements entered into by or on behalf of the Board; and (b) all guarantees, undertakings and securities given by or on behalf of the Board, and in force immediately before the appointed day shall be deemed to have been entered into or, as the case may be, given by or to the Association and may be enforced against or by the Association accordingly. (7) All actions, suits and proceedings pending immediately before the appointed day at the suit of the Board may, on and from the appointed day, be continued or discontinued by the Association, which shall be substituted as a party thereto in place of the Board. (8) All debts due and owing and moneys payable by and liquidated or unliquidated claims recoverable against the Board and subsisting immediately before the appointed day shall, on and from the appointed day, become and be debts due and owing or moneys payable by or, as the case may be, claims recoverable against the Association. ' (9) An Association specified in an Order in Council pursuant to subsection (2) (a) shall, within a period of 90 days from the appointed day, conduct a special general meeting of members of the Association to consider any changes to the registered rules and objects of the Association that may be appropriate following the operation of the provisions of this section. (10) Upon completion of the operation of the provisions of this section, the Board shall be wound up in accordance with the relevant provisions of this Act. 41. Administrator may be appointed . (1) The Governor in Council may upon the recommendation of the Minister appoint a person to be an Administrator of the operation of the provisions of section 40. (2) The provisions of Subdivision B (Liquidators) of Division 2 of Part XII of the Companies (Queensland) Code shall be deemed to apply to and in respect of an Administrator appointed pursuant to subsection (1), subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned. (3) An Administrator appointed pursuant to subsection (1) shall be paid such remuneration from the funds of the Board or Association concerned as is determined by the Governor in Council. 42. Duty to facilitate transfer of property etc. (1) Between the date of the making of an Order in Council pursuant to section 40 and the appointed day in respect of that Order, the

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 795 Board to which the Order refers and all persons connected with the operations of that Board shall do all acts and things necessary or desirable to facilitate- (a) the transfer to the Association of the property and liabilities provided for by this Act; and (b) the delivery to the Association or its nominee on the appointed day of- (i) all contracts, agreements, guarantees, undertakings and securities entered into by or given by.or to the Board; and (ii) all documents, writings and other records pertaining to the operations of the Board. (2) The Registrar of Titles, the Registrar of Dealings and all other persons charged with keeping registers with respect to dealings with property shall, upon request made by or on behalf of the Association, make in the registers all endorsements necessary to record the transfer of property to the Association under section 40. Notwithstanding any enactment to the contrary, a request made for the purpose of this subsection shall not be liable to stamp duty and no fees or charges shall be payable in respect thereof. 43. Procedure for winding up a Board . (1) If the Minister is satisfied that one of the grounds exists under the provisions of section 36 for the winding up of a Board, the Director-General on the direction of the Minister may make application to the Supreme Court for the Board to be wound up. (2) For the purposes of the winding up the Supreme Court may appoint a liquidator or provisional liquidator. (3) The provisions of Part XII (Winding Up) of the Companies (Queensland) Code shall be deemed to apply to and in respect of such winding up as if- (a) the Board concerned were a company; and (b) the liquidator or provisional liquidator appointed by the Court under this section were a liquidator or, as the case may be, provisional liquidator appointed under the provisions of that Part, subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned. 44. Arrangements and reconstructions . Where a compromise or arrangement is proposed between a Board and its creditors or any class of them, the provisions of sections 315, 316 and

796 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 319 of Part VIII of the Companies (Queensland) Code and of Regulation 62 of Schedule 9 to the Companies (Queensland) Regulations shall be deemed to apply to and in respect of that compromise or, as the case may be, arrangement as if the Board were a company, subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of the circumstances of the Board concerned. 45. Exercise of Board's functions etc. (1) Where a compromise or arrangement referred to in section 44 has been granted the approval of the Court, then subject to the provisions of that compromise or arrangement- (a) the person or persons appointed to administer the compromise or arrangement shall have and may exercise and perform the powers, duties and functions conferred or imposed on the Board by or under this Act or any other Act to which the Board is subject; and (b) those powers, duties and functions may be exercised or performed to the exclusion of the Board. (2) Subject to section 26, any act, matter or thing done or omitted to be done in the exercise or performance of the powers, duties and functions referred to in subsection (1) by the person or persons so appointed, shall have the same effect and the same consequences as if it were done by the Board without the compromise or arrangement being in force. 46. Application of moneys remaining after winding up. (1) Any moneys remaining upon completion of the winding up of a Board in accordance with this Act shall, notwithstanding the provisions of section 461 of the Companies (Queensland) Code, be placed to the credit of an industry trust fund. Such trust fund shall be drawn upon by the trustees appointed pursuant to subsection (2) in such manner and for such purposes as may be approved. (2) A trust fund established pursuant to subsection (1) shall be administered by not less than 3 persons nor more than 7 persons appointed by the Governor in Council by Order in Council of which persons at least half shall be growers of the commodity for which the Board concerned was constituted. (3) The Auditor-General shall audit each trust fund established pursuant to subsection (1) and in relation thereto shall have and may exercise any or all of the powers conferred on him by the Financial Administration and Audit Act 1977- 1985. (4) The moneys placed to the credit of a trust fund established pursuant to this section shall be disbursed within 5 years of the day on which the fund was established unless the Minister, after consultation with the persons appointed to administer the fund,

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 797 determines that the fund may continue for a further specified period. 47. Regulations and rules . (1) Without limiting the generality of section 33, the Governor in Council may, from time to time, make regulations under this Act to make provision for all matters required or permitted to be prescribed or which the Governor in Council considers convenient to be prescribed to facilitate the operation of sections 36 to 46 (both inclusive). (2) Rules of Court may be made under the Supreme Court Acts 1861-1985 for the purposes of sections 39, 41, 43 and 44. The Companies (Queensland) Rules 1985 and any other Rules of Court having effect for the purposes of the Companies (Queensland) Code or the Companies (Application of Laws) Act 1 9 81 immediately prior to the commencement of section 1 of the Primary Producers' Organisation and Marketing ActAmendment Act 1987 shall apply for the purposes of those sections, subject to any modifications thereof or additions thereto as are deemed necessary by the Governor in Council by Order in Council in respect of any particular Board or Boards. 48. Particular modifications . Without limiting the generality of sections 39, 41, 43, 44 and 47, the power of the Governor in Council to make modifications to the provisions of the Companies (Queensland) Code, regulation 62 of and Schedule 9 to the Companies (Queensland) Regulations and any Rules of Court made under the Supreme Court Acts 1861-1985 shall include the specific power to include in any such modifications provisions deeming that a reference in such Code, Regulation, Schedule or Rules to- (a) a company shall be read as a reference to a Board; (b) a director of a company shall be read as a reference to a member of a Board; (c) the principal office of a company shall be read as a reference to the principal place of business of a Board; (d) the liquidator shall be read as a reference to the Administrator appointed pursuant to section 41; and (e) the Commission shall be read as a reference to the Minister, and such provisions shall take effect according to their tenor.". 38. New headnote and ss . 49 to 54. The Principal Act is amended by adding after section 48 as so added the following headnote and sections:- "MISCELLANEOUS 49. Conditions of approval . Any approval given pursuant to this Act- (a) may be general or specific; (b) may be subject to terms and conditions; (c) may be given for a period of time or without limit of time;

798 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 and (d) may be revoked, altered or amended at any time. 50. Guidelines etc. may be issued. (1) The Minister may after consultation with the Board or Boards concerned issue guidelines, directions or instructions, in writing, to all or any one or more of the Boards in respect of the exercise of any of the powers contained in sections 13, 14, 14D, 14F, 15, 18, 18A, 18B, 18c, 29 and 29B. (2) A Board shall comply with all guidelines, directions or instructions that have been issued to that Board. (3) The Director of Marketing shall report to the Minister, in writing, any failure by a Board to comply with any guidelines, directions or instructions that have been issued to that Board. (4) Guidelines, directions or instructions issued pursuant to subsection (1) may be revoked, altered or amended by the Minister at any time after consultation with the Board or Boards concerned. 51. Approved rules or articles . (1) Notwithstanding any other provision of this Act, the Minister may after consultation with the body concerned make, or approve the making of, rules or articles in respect of any matter that is permitted to be prescribed by or under this Act in respect of- (a) a Marketing Board; (b) a producer representative body; (c) a subsidiary body of a producer representative body; or (d) the Council. (2) A rule or article as made in accordance with subsection (1)- (a) shall apply in respect of the particular body or bodies described therein and shall be binding on, and shall be observed by, that body or bodies, as the case may be; (b) may operate for a period of time (as may be specified therein) or without limit of time; (c) may, if made by the Minister, be revoked, altered or amended by the Minister at any time, or, if made with the approval of the Minister, be revoked altered or amended with the further approval of the Minister. (3) Any action carried out in accordance with any rule or article made pursuant to subsection (1) shall be deemed to be a valid exercise of power under this Act. (4) The Director of Marketing shall cause a register to be maintained of rules and articles made pursuant to subsection (1) and shall make that register available for perusal by any person on payment of such fee as is approved.

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 799 52. Returning officer may be appointed . Where any election, poll, referendum or other vote of growers is to be conducted in accordance with this Act, the Minister may appoint a returning officer to conduct that election, poll, referendum or vote, as the case may be, in the manner prescribed or, where such manner is not prescribed, approved. 53. Application of Act to certain other bodies . Notwith- standing any other provision of this Act, the provisions of sections 36 to 48, both inclusive, shall apply to the State Wheat Board and the Queensland Commercial Fishermen's Organization as if each of those bodies were a Board. 54. Review of Act. (1) The Minister shall carry out a review of the operation of this Act:- (a) not later than 10 years after the date of commencement of section 1 of the Primary Producers' Organisationand Marketing Act Amendment Act 1987; and (b) thereafter at intervals of not more than 10 years following the year in which the preceding review is completed. (2) In carrying out that review the Minister shall consider and have regard to- ( a) the effectiveness of the operations of this Act and of each Board constituted and operating under this Act; (b) the need for continuation , in the then present form, of each Board constituted and operating under this Act; and (c) such other matters as appear to him to be relevant to the operation and effectiveness of this Act. (3) The Minister shall prepare a report based on his review of the Act and shall, as soon as practicable after that report is prepared, cause the report to be laid before Parliament.". 39. Schedules . The Principal Act is amended by adding after section 54, as so added, the following Schedules:-

800 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 "FIRST SCHEDULE SPECIFIED BOARDS The Atherton Tableland Maize Marketing Board The Barley Marketing Board The Butter Marketing Board The Central Queensland Egg Marketing Board The Central Grain Sorghum Marketing Board The Cotton Marketing Board The Egg Marketing Board The Ginger Marketing Board The Navy Bean Marketing Board The Peanut Marketing Board The Rice Marketing Board The Tobacco Leaf Marketing Board State Wheat Board The Committee of Direction of Fruit Marketing The Queensland Milk Board The Queensland Cane Growers' Council The Queensland Dairyfarmers' State Council The Queensland Pork Producers' State Council Queensland Commercial Fishermen's State Council

Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 801 SECOND SCHEDULE MEETING PROCEDURE Part A Board Meetings s. 11 (11) 1. The rules in this Part shall apply in respect of the conduct of meetings of a Marketing Board. 2. Subject to rule 3, the Board shall meet at such times and places as the Board by resolution determines. 3. The first meeting of a newly constituted or newly elected Board shall be convened by the Director of Marketing within 30 days of the date of appointment by the Minister of the members of the Board. At that meeting the Board shall elect one of its members to preside as chairman for that meeting. 4. The person appointed as chairman of a Board pursuant to section 11 (1) shall subsequent to his appointment preside at all meetings of the Board at which he is present during his term as chairman. 5. In the event of the absence of the chairman, the Minister may appoint another member of the Board as acting chairman of that Board during that absence and such person while so acting shall have and may exercise all the powers and shall carry out all the duties of the chairman. 6. In the event of the absence from a meeting, through illness or otherwise, of the chairman or of an acting chairman, the Board may appoint a member of the Board to be chairman of that meeting. 7. In the event of the absence from a meeting, through illness or otherwise, of any member of the Board, the Minister may appoint a person nominated by such person to act as deputy for such member at such meeting and such person while so acting shall have and may exercise all the powers and shall carry out all the duties of a member. 8. Business of a Board shall not be conducted unless a quorum, made up of that number of members that is more than half the total number of members, is present. 9. The chairman may, and if requested by any two members, shall call a special meeting of the Board at any time. 10. The secretary shall cause the members of the Board to be notified in writing of the agenda and business, to be dealt with at each ordinary or special meeting, not less than seven days before each such meeting: Provided that, if the chairman and the Director of Marketing so agree, shorter notice may be given of any special meeting.

802 Primary Producers ' Organisation and Marketing Act Amendment Act 1987, No. 57 11. (a) As its first order of business following the election, if necessary, of the chairman of the meeting, a newly constituted or newly elected Board shall adopt by formal resolution Standing Orders not inconsistent with this Act for the conduct of meetings and debate. (b) Standing Orders shall include reference to a published work on meeting procedures that shall be followed and observed to the extent that those procedures can sensibly apply to meetings of the Board. (c) If any matter arises that is not covered by the Standing Orders so adopted, the decision of the chairman shall be final. (d) Standing Orders may be amended by the Board at any meeting of the Board. 12. All resolutions dealt with at any Board meeting shall be decided by a majority vote of members present and by open voting, but should any member present request that a ballot be taken upon any resolution then such resolution shall be determined by secret ballot. 13. (a) Except as provided for in rules 14 and 15 every member present at a meeting shall vote on each resolution dealt with at that meeting. (b) If a member abstains from voting, other than pursuant to rule 14 or 15, upon any resolution such abstention shall be recorded in the negative. 14. A member who has declared a conflict of interest in respect of any resolution and who has requested that such conflict of interest be noted in the minutes of the meeting shall abstain from voting on that resolution and such abstention shall be so recorded. 15. The Director of Marketing or his deputy, as the case may be, may abstain from voting on any question and such abstention shall be so recorded. 16. In the event of an equality of votes on any resolution, it shall be deemed that the resolution is decided in the negative. Each member of the Board shall have a deliberative vote only. 17. If all the members have signed a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a meeting of the members held on the day on which the document was signed or, if the document was signed by different members on different days, on the last day on which the document was signed by a member. 18. For the purposes of rule 17, two or more documents containing statements in identical terms, each of which is signed by one or more members, shall together be deemed to constitute the document containing a statement in those terms signed by those members on the respective days on which they so signed.

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 803 19. A written record of any resolution as described in rule 17 shall be presented to the next meeting of the Board for confirmation as to the correctness of that recording and, if so confirmed, shall thereupon form part of the minutes of that meeting. 20. A member shall declare to the Board the interest held by him in any body corporate or bodies corporate and that declaration shall in the case of each such body corporate contain the particulars required to be included in a notice in writing by a director pursuant to section 232 of the Companies (Queensland) Code. 21. The secretary shall keep minutes of all meetings of the Board and shall forward a draft copy of the minutes of each meeting to each member of the Board not later than 14 days from the date of the meeting. 22. A draft copy of the minutes shall be presented to the next meeting of the Board for confirmation as to the correctness of that copy, and if so confirmed shall be signed by the chairman and secretary as representing the true minutes of that preceding meeting. Part B Annual General Meetings of Growers (s. 34A (4)) 1. The rules of this Part shall apply in respect of the conduct of the annual general meeting of growers and, subject to the approval of the meeting, may apply at any other meeting of growers convened by the Board. 2. The chairman of the Board shall be the chairman of the annual general meeting. 3. In respect of any matter not covered by these rules or in any disputation regarding the interpretation of these rules, the decision of the chairman shall be final. 4. Standing Orders adopted by the Board concerned for the conduct of meetings shall, as far as they are relevant, apply in respect of the annual general meeting. 5. The qualifications in respect of entitlement to vote at an election of Board members shall apply mutatis mutandis to entitlement to vote at the annual general meetings of growers: Provided that every Board member shall be entitled to a vote. 6. Subject to these rules, a person who desires to make a motion at an annual general meeting of growers shall forward to the secretary of the Board concerned a notice of motion in writing, signed by the mover and a seconder who shall be persons entitled to vote at such a meeting, so as to reach the secretary not less than 14 days before the day of the annual general meeting.

804 Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 7. A notice of motion duly received by the secretary of the Board shall be placed on the notice paper for the annual general meeting and shall be debated unless the meeting by a majority vote determines otherwise. 8. The chairman may, at his absolute discretion, accept or reject motions or amendments to motions from the floor. 9. The chairman may group motions dealing with the same or similar matters and direct that debate be conducted simultaneously on all such motions. 10. The chairman- (a) may direct that a vote be taken on any matter that is before the annual general meeting; and (b) shall take a vote on any motion properly before the meeting if so required by a majority of growers present and entitled to vote. 11. All motions dealt with at an annual general meeting shall be decided by a majority vote of growers present and entitled to vote and by open voting: Provided that if any grower present and entitled to vote requests that a ballot be taken upon any motion, such motion shall be determined by secret ballot. 12. A motion on the notice paper shall lapse unless the mover and seconder are present for the debate of that motion. 13. A record shall be kept by a person appointed by the chairman of all motions on which a vote is taken and such record shall include the result of that vote and shall be open for inspection at the Board's offices by any grower entitled to vote. 14. The determination of policy in respect of all matters affecting the operation of the Board shall be the prerogative of the Board: Provided that, in formulating that policy the Board shall consider any motion passed at an annual general meeting.

Primary Producers' Organisation and Marketing Act Amendment Act 1987, No. 57 805 THIRD SCHEDULE CHANGE IN NAME OF BODIES s. 30c (4) Column 1 Column 2 Queensland Organisation Dairymen's Queensland Organisation Dairyfarmers' Queensland Dairymen ' s State Queensland Dairyfarmers' State Council Council local dairymen ' s branch local dairyfarmers' branch district dairymen ' s council district dairyfarmers' council ',