Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985 (Qld)

208 ( ueert5htnb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 18 of 1985 An Act to amend the PrimaryProducers' Organisation andMarketingAct 1926- 1984 and the Primary Producers'AssistanceAct 1972-1976 each in certain particulars [ASSENTED TO 4TH APRIL, 1985]

Primary Producers' Organisation and Marketing Act and 209 Another Act Amendment Act 1985, No. 18 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1984; PART III-AMENDMENTS OF PRIMARY PRODUCERS' ASSISTANCE ACT 1972-1976. PART II-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1984 4. Principal Act and citation as amended . (1) In this Part the Primary Producers' Organisation and Marketing4ct 1926-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Primary Producers' Organisation and Marketing Act 1926-1985. 5. Amendment of s. 10 . Board may control several commodities. Section 10 of the Principal Act is amended by omitting the words "the last preceding section" where thrice appearing and substituting the words "section 9" in each case. 6. Amendment of s. 29 . Board may make levy. Section 29 of the Principal Act is amended in subsection (1) by inserting after the existing paragraph the following paragraph:- "A levy may also be made by The Egg Marketing Board or The Central Queensland Egg Marketing Board as prescribed in section 29C of this Act.".

210 Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985, No. 18 7. New s. 29C. The Principal Act is amended by inserting after section 29B the following section:- "29C. Alternative method of levy by Egg Board. (1) For the purposes of this section- "administrative levy" means a levy made for the purpose prescribed in section 29 (2) (1) of this Act; "Egg Board" means The Egg Marketing Board or The Central Queensland Egg Marketing Board as the case may be; "egg producer" means an egg producer within the meaning of the Hen Quotas Act 1973-1981; "egg producer's adjusted hen quota" means an egg producer's adjusted hen quota determined pursuant to the Hen Quotas Act 1973-1981. (2) As an alternative to making an administrative levy in respect of the commodity eggs pursuant to section 29 of this Act an Egg Board may, subject to subsection (3) of this section, make a levy based on the egg producer's adjusted hen quota of an egg producer. (3) Prior to an administrative levy being imposed on an egg producer based on that egg producer's adjusted hen quota the egg producer shall be given a choice, in the manner prescribed, between this method of levy and a levy in respect of the commodity eggs pursuant to section 29 of this Act and the egg producer shall, subject to subsection (5) of this section, be levied in accordance with the method chosen by him. (4) the method of imposition and collection of a levy based on an egg producer's adjusted hen quota shall be as prescribed. (5) An Egg Board, in respect of an egg producer who has chosen to be levied on his egg producer's adjusted hen quota but has not paid the full amount owing in respect of that levy, may make a levy in respect of the commodity eggs pursuant to section 29 of this Act so that the amount outstanding is paid in full.". PART III-AMENDMENTS OF PRIMARY PRODUCERS' ASSISTANCE ACT 1972-1976 8. Principal Act and citation as amended . (1) In this Part the Primary Producers' Assistance Act 1972-1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Primary Producers' Assistance Act 1972-1985. 9. Amendment of s. 8 . Terms and conditions of advance . Section 8 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- "(b) shall bear interest on all moneys for the time being owing or remaining unpaid at the rate set by the Corporation and

Primary Producers' Organisation and Marketing Act and 211 Another Act Amendment Act 1985, No. 18 varied by it from time to time in respect of that advance. The rate of interest shall be set and varied by the Corporation so that it is within and remains within the range of rates from and including one-percent less than to and including three percent more than the rate prescribed generally by Order in Council pursuant to the Agricultural Bank (Loans) Act 1959-1981. In the event that there is no rate prescribed generally pursuant to the Agricultural Bank (Loans) Act 1959-1981 the range of rates shall be set by the Governor in Council by Order in Council.". 10. Validation of interest rates. It is hereby declared that notwithstanding the provisions of paragragh (b) of section 8 of the Primary Producers' Assistance Act 1972 and that paragraph as amended by the Primary Producers' Assistance Act Amendment Act 1976, the Corporation always has had on and from 25 August, 1974 the power to set and vary interest rates in the manner prescribed in paragraph (b) of section 8 substituted by the Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985.