Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984 (Qld)

667 huts v- A O TRICESIMO TERTIO ELIZABETHAE S ECU ND A E R E GIN A E No. 62 of 1984 An Act to a m end the Primary Producers' O r g a n isation an d Marketing Act 1926--1383, the Prim ary Producers' O rga n isation d I: +-Aeti g, F ru it M arke t i n g O rga n i s ation , earn gel, and D iseas es in Plants Acts Amendment Act 1930-1973 and the Fruit Mar ke t i ng O r g a n isation Act 1923-1982 each in ce is [ASSENTED To 29TH MAY, 1984]

668 Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 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 Other Acts Amendment Act 1984. 2. Co mm encement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section l and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Arr angement . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1983; PART III-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING, FRUIT MARKETING ORGANISATION, WHEAT POOL, AND DISEASES IN PLANTS ACTS AMENDMENT ACT 1930-1973; PART IV-AMENDMENTS OF FRUIT MARKETING ORGANISATION ACT 1923-1982. PART II- MENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1983 4. Principal Act and citation as amended . (1) In this Part the PrimaryProducers' Organisation and Marketing Act1926-1983 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 Act1926-1984. 5. Am en dm ent of s. 2. Interpretation . Section 2 of the Principal Act is amended by- (a) inserting before the definition " Approved " the following definition:- Afffiilliiaatteedd Body "-Any association registered under the PrimaryProducers' Co-operative Associations Act1923-1981 and any

Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 669 corporation within the meaning of the Companies (Queensland) Code where the registered rules of the association or the memorandum and articles of association of the corporation provide that any or all of the Directors of the association or corporation, as the case may be, shall be persons for the time being holding office as members of a Board;"; (b) inserting after the definition " Department " the following definition:- " Finaanncciiaall year "-Any period of twelve months which may be approved by the Minister in writing as being the annual accounting period for any Board or Affiliated Body;". 6. New s. 11C. The Principal Act is amended by inserting after section tin the following section:- " 11C. Termination of term of office of Board. (1) Notwithstanding any other provisions of this Act, the Governor in Council may by Order in Council terminate the term of office of the chairman and members of a Board- (a) if a petition signed by not less than 50 per centum of the growers of the commodity requesting termination of the Board is received by the Minister; and (b) if 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, whereupon the chairman and members of the Board shall forthwith vacate office. (2) The Governor in Council may by the same or a subsequent Order in Council appoint a person to be the Administrator of the Board who shall be deemed to constitute the Board and may exercise and shall discharge the powers, authorities, functions and responsibilities of the Board. (3) The person appointed as Administrator of a Board pursuant to subsection (2) shall- (a) hold office until the first meeting of the Board held following the appointment of new members of the Board pursuant to subsection (4) or until his appointment is sooner terminated by the Governor in Council; and (b) be paid such remuneration as may be approved by the Governor in Council. (4) Where the term of office of the members of a Board is terminated pursuant to subsection (1) the Minister shall arrange, at such time as he thinks fit, for the election and appointment of members to the Board.". 7. New ss. 13B and 13C. The Principal Act is amended by inserting after section 13A the following sections:- " 13B. Powers of Affiliated Body. (1) An Affiliated Body shall not act in concert or association with a Board in any matter

670 Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 in which the Board itself does not have the power to act unless the Minister gives approval in writing for such Affiliated Body so to act. (2) An approval pursuant to the provisions of subsection (1) may be granted- (a) in respect of- (i) a specific power or matter; or (ii) a number of specific powers or matters; (b) for a specific period or without limit of time. (3) An approval pursuant to the provisions of subsection (1) may be revoked at any time by the Minister in writing addressed to the Chief Executive Officer of the Affiliated Body at the registered office of that body. 13C. Nfinister' s directions . (1) The Minister may from time to time prepare and issue instructions to a Board or an Affiliated Body (hereinafter referred to as " the Minister's directions ") in respect of- (a) the principles, practice and procedure to be observed in the establishment and maintenance of accounts; (b) the form and content of the annual statement of accounts; (c) the form and content of the annual report; and (d) any other related matter as may be prescribed. (2) The Minister may at any time amend, alter or vary the Minister's directions so issued. (3) A Board and an Affiliated Body shall comply with the Minister's directions. (4) The Director of Marketing shall report to the Minister every instance which comes to his notice of the failure of a Board or an Affiliated Body to comply with the Minister's directions.". 8. Am endment of s. 27. Accounts of receipts and disbursements to be kept . Section 27 of the Principal Act is amended by omitting the second and third paragraphs thereof. 9. New ss. 27C and 27D. The Principal Act is amended by inserting after section 27$ the following sections:- " 27C. Annual statement of accounts of a Board . (1) As soon as practicable after the close of each financial year a Board shall balance its accounts and prepare an annual statement of accounts which statement shall include details of any superannuation or provident scheme or plan or trust for the benefit of its employees or its employees and their dependants. (2) The General Manager and the Principal Accounting Officer or the Chief Executive Officer and the Principal Accounting

Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 671 Officer of the Board shall certify as to whether or not in their opinion the annual statement of accounts fairly sets out the financial transactions of the Board for the period to which they relate and, where applicable, shows a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in the financial year last preceding, and shall thereupon transmit it to the Auditor-General for audit and certification pursuant to section 27D. (3) Until the annual statement of accounts has been audited and duly certified by the Auditor-General no such statement shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister concerned or a person acting in aid of him or a member or employee of the Board. (4) When the annual statement of accounts has been audited and certified by the Auditor-General the Board shall cause to be published in a newspaper or newspapers circulating within the operational area or areas of the Board a notice to the effect that such statement is open for inspection at the public office of the Board and that a copy thereof may be purchased by payment to the Board of an amount specified, which may be fixed from time to time by resolution of the Board. All copies of the statement of accounts made available for inspection or purchase shall be in the form certified by the Auditor-General and shall bear the Auditor-General's certificate. 27D. Audit o f accounts . (1) Notwithstanding the provisions of any other Act the annual statement of accounts of a Board shall be audited by the Auditor-General or by an authorised officer directed by him, each of whom shall have, with respect to such audit and accounts all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. The fee payable by the Board in respect of the audit shall be fixed by the Auditor-General. (2) The Auditor-General shall certify whether the annual statement of accounts prepared on behalf of the Board- (a) is, where applicable, prepared in the form required by this Act; (b) is in agreement with the accounts; and (c) in his opinion fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period. (3) The Auditor-General shall, at least once in each year, report to the Minister the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister with respect to the annual statement of accounts and the manner of operating and maintaining the accounts in question.

672 Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 A copy of such report and recommendations (if any) shall be furnished to the Chairman of the Board. (4) The report of the Auditor-General shall be submitted to the members of the Board at the first ordinary meeting held after the report becomes available to the Chairman. At this meeting the Board shall give due consideration to the report and the recommendations (if any) of the Auditor-General. (5) Not later than 14 days after the meeting referred to in subsection (4), the Chairman shall notify the Minister in writing of the response of the Board to the report and the recommendations (if any) of the Auditor-General.". 10. Repeal of s. 34 and new ss. 34 -34F. Annual report of director of marketing . The Principal Act is amended by omitting section 34 and substituting the following sections:- " 34. Annual report of Board. (1) A Board shall, as soon as practicable after the end of each financial year, prepare and furnish to the Minister a report on the operations of the Board during that financial year and shall attach thereto a copy of the relevant annual statement of accounts bearing the certification of the Auditor-General. (2) The Board shall promptly arrange for a copy of the report referred to in subsection (1) to be sent to the last known address of each grower of the commodity who during either of the last two concluded financial years- (a) has delivered the commodity to the Board; or (b) has been issued with a permit of exemption from delivery to the Board pursuant to section 15 (4) in relation to the commodity which, but for such permit, would have been required to be delivered to the Board. (3) Any person, other than the growers who have been sent a copy pursuant to subsection (2), may obtain from the Board a copy of the report referred to in subsection (1) upon payment of such charge (if any) fixed by the Board which charge shall be reasonable and based on the cost of producing and providing the copy. The Board shall ensure that a sufficient number of copies of the report is available for the purposes of this subsection. (4) The annual report shall include a report on the operations of each Affiliated Body of the Board. (5) The Minister shall lay the report submitted to him pursuant to this section before the Legislative Assembly within 14 sittings days of receipt of the report by him. 34A. Annual general meeting of growers . (1) Within 60 days of the distribution of the annual report referred to in section 34, or within such further period of time as the Minister may allow, the Board shall conduct a meeting of growers of the commodity hereinafter referred to as " the annual general meeting ".

Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 673 (2) The Board shall cause to be published in a newspaper or newspapers circulating within the operational area or areas of the Board a notice which sets forth details of the time, place and agenda of the annual general meeting. (3) This section shall not operate to prevent the Board from arranging to hold annual general meetings of growers in more than one location within the operational area of the Board. 34B. Annual report of Director of Marketing. (1) At least once each year the Director of Marketing shall make a report to the Minister for submission to Parliament which shall include- (a) a report on the operation of this Act; (b) a report dealing with the finances and overall operations of each Board and Affiliated Body; and (c) a report on the activities of the Division of Marketing of the Department of Primary Industries. (2) The report shall include copies of the last audited annual statement of accounts of each Board and Affiliated Body prepared pursuant to section 27c. (3) Each annual statement of accounts included in the report shall bear the certificate of the Auditor-General issued pursuant to section 27D. (4) The Minister shall lay the report submitted to him pursuant to this section before the Legislative Assembly within 14 sittings days of receipt of the report by him. 34C. Application of Act to Affiliated Body . (1) Notwithstanding the provisions of any other Act, but subject to subsection (2) of this section, the provisions of sections 13 (iiiA), 27c, 27D, 29a, 34 and 34A shall apply to an Affiliated Body as if it were a Board. (2) The audit of the annual statement of accounts of an Affiliated Body shall be carried out by the Auditor-General only as often as he considers necessary. 34D. Application of Act to State Wheat Board . The provisons of sections i 1c, 13B, 13c, 27c, 27D, 34, 34A and 34B shall apply to the State Wheat Board as if it were a Board. 34E. Application of Act to The Committee of Direction of Fruit Marketing . The provisions of sections 13B, 13c and 34B shall apply to The Committee of Direction of Fruit Marketing as if it were a Board. 34F. Application of Act to Queensland Grain Handling Authority. The provisions of sections 13B, 13c and 34B shall apply to the Queensland Grain Handling Authority as if it were a Board.".

674 Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984, No. 62 PART III-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING, FRUIT MARKETING ORGANISATION, WHEAT POOL, AND DISEASES IN PLANTS ACTS AMENDMENT ACT 1930-1973 11. Principal Act and citation as amended . (1) In this Part the Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act 1930-1973 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, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act 1930-1984. 12. Amendment of s. 21. Power of Minister to call for reports in respect of accounts , etc. Section 21 of the Principal Act is amended by- (a) omitting the word " and " where it occurs between subparagraphs (c) and (d); (b) inserting after subparagraph (d) the following subparagraphs:- 66 (e) The Queensland Grain Handling Authority constituted pursuant to the Queensland Grain Handling Act1983; and (f) An Affiliated Body as defined in the Primary Producers'Organisation and Marketing Act1926-1984 ". PART IV-AMENDMENTS OF FRUIT MARKETING ORGANISATION ACT 1923-1982 13. Principal Act and citation as amended . (1) In this Part the FruitMarketing Organisation Act1923-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the FruitMarketing Organisation Act1923-1984. 14. Repeal of s. 14c . Superannuation funds for employees. The Principal Act is amended by repealing section 14c.