Primary Producers' Organisation and Marketing Acts Amendment Act of 1954 (3 Eliz Ii No. 29) (Qld)

394 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, PRIMARY PRODUCE. 3 N E o l . iz 2 . 9I. I. An Act to Amend “The Primary Producers’ Organ­ T he P rimary P roducers ’ isation and Marketing Acts, 1926 to 1951,” O rganisation and M arketing in certain particulars. A mendment A ct of 1954. [A ssented to 28 th O ctober , 1954.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Primary Producers' Organisation and Marketing Acts Amendment Act of 1954.” Principal (2.) *“ The Primary Producers' Organisation and Aot' Marketing Acts, 1926 to 1951,” are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be collectively tlte' cited as “ The Primary Producers' Organisation and Marketing Acts, 1926 to 1954.” Amendments 2. (1.) Section four of the Principal Act is rf*-4' amended- (i.) By repealing subsection three of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “ (3.) Subject to the provisions of subsection five of this section the number of representatives upon the Council to which the Boards and groups of Boards in this subsection specified are respectively entitled, shall be— (i.) The Atherton Tableland Maize Marketing Board, one representative ; (ii.) The Barley Marketing Board, one representative ; (iii.) The Broom Millet Marketing Board, one representative; (iv.) The Butter Marketing Board, two representatives ; * 17 G. 5 No. 20 and amending Acts.

PRIMARY PRODUCE. 1954. Primary Producers’ Organisation, Etc., Act. (v.) The Cheese Marketing Board, one representative ; (vi.) The Cotton Marketing Board, one representative; (vii.) The group comprising The Egg Marketing Board and The Central Queensland Egg Marketing Board, one representative ; (viii.) The Ginger Marketing Board, one representative; (ix.) The Navy Bean Marketing Board, one representative ; (x.) The Northern Pig Marketing Board* one representative; (xi.) The Peanut Marketing Board, one representative ; (xii.) The group comprising The Plywood and Veneer Marketing Board and The Northern Plywood and Veneer Marketing Board, one representative; (xiii.) The Tobacco Leaf Marketing Board, one representative; (xiv.) State Wheat Board, one representative ; (xv.) The Committee of Direction of Fruit Marketing, one representative ; (xvi.) The Brisbane Milk representative; Board, one (xvii.) The Queensland Cane Growers’ Council, one representative; (xviii.) The Queensland Dairymen’s State Council, one representative.” ; (ii.) By repealing subsection four of that section and by inserting, in lieu of that repealed subsection, the following subsection:— “ (4.) Subject to this Act, every elective member of the Council (whether in office upon the coming into operation of *“ The Primary Producers’ Organisation and Marketing Acts Amendment Act of 1954 ” or elected as a member at any time thereafter), shall hold his office as member from the commencement of that office on his election until he ceases to be a member of the Board or one of the Boards of which he is a representative * This Act. 395

396 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, (whether by reason of the expiry of his term of office on that Board, or his becoming disqualified under this Act as a member of that Board, or otherwise howsoever), and shall be eligible for re-election.” ; (iii.) By repealing subsection five of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “ (5.) Whenever any Board is constituted under this Act or any Board expires by effluxion of time or ceases otherwise to be a Board for the purposes of this Act, the Governor in Council may modify subsection three of this section in such manner as he thinks necessary or convenient for the purpose of providing for representation upon the Council by the firstmentioned Board or, as the case may be, the deletion therefrom of references to the lastmentioned Board and any adjustment of representation upon the Council in consequence, and such power to modify shall include the power to alter the number of representatives of, or to group or regroup, any Boards or group of Boards and to provide for any consequential matters, and the said subsection three as so modified shall thereupon become for the time being subsection three of this Act and shall have effect accordingly.” ; (iv.) By repealing subsection eight of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “ (8.) The Council at its annual meeting in each and every year shall elect from its members one to be President of the Council and another to be Deputy President of the Council, and each of those persons shall, unless he ceases to be a member of the Council or vacates the office to which he is elected in the meantime, continue in the office of President or, as the case may be, Deputy President from the date of that election until the next annual meeting of the Council, and shall, subject to this Act, be eligible for re-election thereto. If the President is absent from any duly convened meeting the Deputy President shall act as President at the meeting, but if the Deputy President is also absent then the members present shall elect from their number one to act as President to preside at the meeting during the absence of the President and Deputy President.

1954. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. If the President or the Deputy President is at any time prevented by absence, illness, or otherwise from performing the duties of his office or a vacancy occurs at any time in either of such offices, the Executive may, if it thinks fit, appoint any member of the Council to act as President or, as the case may be, Deputy President during such time as the President or, as the case may be, Deputy President is so prevented from performing the duties of his office or, where a vacancy occurs, until a member of the Council is elected to that office at the next annual meeting of the Council, and the acting President or, as the case may be, Deputy President while so acting shall have and may exercise all the powers, authorities, and functions and shall perform the duties and enjoy the immunities of, and the provisions of this Act shall extend to him as if he were, the President or, as the case may be, Deputy President. The fact that a member of the Council appointed to act as President or Deputy President has exercised any power, authority, or function, or has performed any duty of the President or, as the case may be, Deputy President, or that the Deputy President has exercised any power, authority, or function, or has performed any duty of the President, shall, until the contrary is proved, be conclusive evidence that the member appointed to act or, as the case may be, Deputy President, lawfully exercised that power, authority, or function, or lawfully performed that duty.” ; (v.) By adding to subsection ten of that section the following subparagraph :— “ or (e) If the Board of which he is a member and a representative ceases to be a Board for the purposes of this Act.” ; (vi.) By repealing in subsection eleven of that section all words commencing with and including the words “ and the person so elected ” to the end of that subsection and by inserting, in lieu of those repealed words, the words “ and the provisions of subsection four of this section shall apply with respect to his office as member accordingly ” ; 397

398 PRIMARY PRODUCE. Primary Producers' Organisation, Etc., Act. 3 E liz . II. No. 29, (vii.) By repealing the second paragraph of subsection thirteen of that section and by inserting, in lieu of that repealed paragraph, the following paragraphs:— “ The Executive shall be responsible to the Council and shall, on and after the coming into operation of *“ The Primary Producers' Organisation and Marketing Acts Amendment Act of 1954,” consist of the persons who for the time being respectively occupy, or act in, the office of President, of Deputy President, and of Director of Marketing, and, in addition, such number (as the Governor in Council may from time to time fix, whether by increase or decrease, by Order in Council published in the Gazette) of other members appointed from time to time by the Council. Until the number of members of the Executive is so firstly fixed by the Governor in Council after the date of the coming into operation of *“ The Primary Producers' Organisation and Marketing Acts Amendment Act of 1954,” six members shall constitute the Executive and, subject to this Act, the six members constituting the Executive immediately prior to that date shall continue as members thereof.” ; (viii.) By adding to subsection thirteen of that section, the following paragraphs :— “ If a vacancy occurs at any time in the office of a member of the Executive, other than the President, or the Deputy President, or the Director of Marketing, then the Executive may appoint any member of the Council to fill such vacancy, and the member of the Council so appointed shall hold office as member of the Executive during the pleasure of the Council. The validity of acts done by the Executive shall not be affected by any error or defect in the appointment or of any disqualification of any member thereof, or by reason of there being any vacancy in the number of members thereof at the time, or by reason of any member thereof being absent from any duly convened meeting thereof.”; and (ix.) By repealing in the third paragraph of subsection fourteen of that section the words “, subject to the approval of the Governor in Council,”. * This Act.

PRIMARY PRODUCE. 399 1954. Primary Producers’ Organisation, Etc., Act. (2.) It is hereby declared that— (i.) The holding of office as a member of the Council by any person who immediately prior to the coming into operation of this Act is a representative thereon of any Board or group of Boards, shall not be affected by the coming into operation of this Act, but every such member of the Council shall continue to hold such office subject to the Principal Act as amended by this Act; (ii.) The President and the Deputy President of the Council in office immediately prior to the date of the coming into operation of this Act shall each continue in his office of President or, as the case may be, Deputy President, unless he ceases to be a member of the Council or vacates the office of President or, as the case may be, Deputy President in the meantime, until the annual meeting of the Council held next after that date. 3. The third paragraph of subsection one of section Amendment* eleven of the Principal Act (being that paragraphof 3'141 *^1*)‘ ** * * * commencing with the words “ The Minister may appoint ”) is amended by repealing therein the words “ another person ” and by inserting, in lieu of those repealed words, the words “ one or more persons, in every case ” ; also by repealing therein the words “ such person ” and by inserting, in lieu of those repealed words, the words “ any one of those appointees 4. Section fourteen of the Principal Act is amended Amendment by adding thereto the following paragraph :— of a‘ l4‘ “ Subject to the prior approval of the Minister, a Marketing Board may from time to time (whether that Board is constituted for a district or locality or not) on behalf and at the request of the growers or any person representing the growers thereof sell or arrange for the sale of a commodity of the same kind as the commodity in relation to which the Board is constituted and in relation to which no other Marketing Board is then constituted under this Act, whether grown or produced in Queensland or not, and make such charges for its services in that behalf as it may from time to time

400 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, determine. The State Wheat Board shall be deemed to be a Marketing Board for the purposes of this paragraph.” iaNnnesdwer 2 tse 9 sd a . . b 29 aa 29 a o5f. tThheePfroilnlocwipianlgAscetc, tinoanms ealrye : i—nserted after section Provisional liquidator. “ [29 aa .] (1.) The Governor in Council may— (а) Not earlier than four months before the date of the expiration by effluxion of time of a Board the duration of which it is not his intention to extend ; or (б) Where in respect of a Board less than one-half of the votes polled at a vote of growers taken in pursuance of section 10 a of this Act are in favour of the continuance by that Board of its functions, at any time after the taking of that vote, appoint, by Order in Council published in the Gazette, a person to be the provisional liquidator of that Board. (2.) Subject to this section a person appointed under this section to be the provisional liquidator of a Board shall have and, pending the appointment by the Supreme Court of a liquidator thereof, may exercise in respect of that Board the powers, authorities, and functions conferred by *“ The Companies Acts, 1931 to 1953,” upon a liquidator in a winding up of a company by the Supreme Court: Provided that the Governor in Council may, in the Order in Council appointing him or in a later such order, limit as the Governor in Council deems fit the powers, authorities, and functions as aforesaid which are to be so had and exercised by an appointee under this section. (3.) The exercise by an appointee under this section of his powers, authorities, and functions shall be subject to the control of the Minister, who may at any time and from time to time give to him all such directions as the Minister deems fit with respect to the exercise or proposed exercise by the appointee of any such power, authority, or function. The appointee shall comply in every respect with a direction as aforesaid. 22 G. 5 No. 53 and amending Acts.

1954. PRIMARY PRODUCE. Primary Producers’ Organisation. Etc., Act. 401 [29 a B.] On the dissolution by order of the Supreme Assets Court of a Board consequent on the completion of its ^piXoa11 winding up (including a Board which is being wound of winding up at the date of the enactment of this section)up of Bofwd' any moneys representing assets of that Board to which section three hundred of *“ The Companies Acts, 1931 to 1953,” applies shall not be dealt with as prescribed by that section but, in lieu of being so dealt with, all such moneys shall he paid into the Treasury to the credit of a trust fund and shall be applied for the benefit of producers of the commodity in respect of which the dissolved Board in question was constituted in such manner as the Governor in Council directs from time to time.” 6. Section thirty of the Principal Act is amended—Amendment (i.) By inserting in the second paragraph of subsection 7 a thereof after the words “ district cane growers’ executive ” the words “ or any mill suppliers’ committee ” ; also by adding to that paragraph the words “ or, as the case may be, committee (ii.) By inserting after subsection 7 a thereof the following subsection :— “(7 b .) Every mill suppliers’ committee and every Audit of district cane growers’ executive shall cause its books ^°unts of and accounts to be audited once at least in every calendar suppliers’ year by an officer of the Department of the Auditor- General or, if the Auditor-General at any time directs cane that any such audit be made by some person registered fxeTutivea. as a public accountant under f“ The Public Accountants Registration Acts, 1946 to 1949,” and appointed by him to make the audit, by that person.” Whether the Auditor-General has given a direction for any audit to be made by a person registered as a public accountant as aforesaid or not, the Auditor- General shall at all times have and may exercise with respect to the books and accounts of every mill suppliers’ committee or district cane growers’ executive all the powers conferred on him by J“ The Audit Acts, 1874 to 1953.” * 22 G. 5 No. 53 and amending Acts, f 11 G. 6 No. 4 and amending Acts. J 38 V. No. 12 and amending Acts.

402 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, Where an audit of the books and accounts of any mill suppliers’ committee or district cane growers’ executive is made by a person registered as a public accountant as aforesaid, then immediately upon the completion of that audit, the auditor shall furnish to the Auditor-General two copies of his report upon such audit. No mill suppliers’ committee and no district cane growers’ executive shall obstruct in any way an auditor who is making or desires to make under this subsection an audit of its books and accounts.” Winding up of the Arrowroot Marketing Board, &c. 7. It is hereby declared— (i.) That The Arrowroot Marketing Board constituted in relation to the commodity of arrowroot and the commodity of arrowroot flour shall, for the purposes of the Principal Act in general and section 29 a thereof in particular, expire and be deemed to have expired by effluxion of time on the last moment of the seventeenth day of April, one thousand nine hundred and fifty-three, and that the provisions of the said section 29 a , with all necessary adaptations thereof, shall extend for the purpose of the winding up by the Supreme Court of that Commodity Board; (ii.) That every Order in Council made under the Principal Act in respect of the commodity of arrowroot and the commodity of arrowroot flour, or of either of such commodities, and The Arrowroot Marketing Board, or in respect of either the commodity or the Commodity Board, shall be and be deemed to have been rescinded on the last moment of the said seventeenth day of April, one thousand nine hundred and fifty-three ; and (iii.) That at any future time arrowroot may eb declared under and for the purposes of *“ The Primary Producers' Organisation and Marketing Acts, 1926 to 1954,” to be a commodity and a Board may be constituted thereunder in relation to the commodity so declared and that the Governor in Council may at any time by Order in Council constitute a Board in relation to the commodity * 17 G. 5 No. 20 and amending Acts.

PRIMARY PRODUCE. 403 1954. Primary Producers’ Organisation, Etc., Act. known as arrowroot flour which may or may not be the Board, if any, constituted as aforesaid in relation to arrowroot. 8. For the purpose of setting at rest any doubts as por to the due constitution at any time under *“ The Primary ^moving Producers' Organisation and Marketing Act of 1926,” as to due as then subsequently amended, in relation to the commodities respectively specified in the first column of Boards!*11 the Schedule to this section, of the Commodity Boards respectively specified in the second column of this Schedule, it is hereby declared that— (i.) In relation to each commodity, under and within the meaning of the Principal Act, specified in the first column of this Schedule the Commodity Board specified opposite thereto in the second column of the Schedule has at all times since the date specified opposite thereto in the third column of the Schedule been, and shall up to and including the date specified opposite thereto in the fourth column of the Schedule continue subject to the Principal Act as amended by this Act and every future enactment (if any) in the meantime to be, duly constituted, but on that date lastmentioned the Commodity Board shall expire and be deemed to have expired by effluxion of time unless the duration therof is extended by Order in Council made under f li The Primary Producers' Organisation and Marketing Acts, 1926 to 1964”; and (ii.) Every Order in Council made at any time under *“ The Primary Producers' Organisation and Marketing Act of 1926,” as then subsequently amended, with respect to each and every article specified in the first column of the Schedule hereto and the Commodity Board declared in relation to that commodity, or with respect to either the commodity or the Commodity Board, shall, where necessary, be read and construed and shall be deemed to have been made, so as to give effect to this section, but shall not be otherwise affected by anything herein contained. * 17 G. 5 No. 20. f 17 G. 5 No. 20 and amending Acts.

404 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, Article declared to be a Commodity. . SCHEDULE. Commodity Board declared in relation thereto. From. To and including. Maize produced from seed The Atherton Table­ sown in the Petty land Maize Market­ Sessions Districts of ing Board Atherton, Herberton, Chillagoe, Mareeba, and Malanda, and that locality which is contiguous to and not more than fifty miles distant from a boundary of the said Petty Sessions Districts. 1st July, 1923 30th June, 1969 All barley the produce of the soil within any part of the State of Queens­ land and produced or to be produced for sale. The Barley Market­ ing Board 24th April, 1930 23rd April, 1960 Broom millet produced in The Broom Millet 1st July, Queensland. Marketing Board 1925 31st October, 1955 Butter produced at The Butter Market­ 1st March, 31st Decem­ factories in Queensland. ing Board 1928 ber, 1959 Eggs produced in that The Central Queens­ portion of Queensland land Egg Market­ comprised in the cities ing Board of Rockhampton and Mackay, the town of Gladstone, the shires of Proserpine, Pioneer, Mirani, Sarina, Broadsound, Living­ stone, Fitzroy, Mount Morgan, Banana, Calliope, Monto, Miriam Vale, Duaringa, Peak Downs, and Emerald, the Theodore Irriga­ tion Area, and that portion of the shire of Belyando which is east of the Drummond Range. 9th January, 1947 8th January, 1956

1954. PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 405 Article declared to be a Commodity. SCHEDULE— continued. Commodity Board declared in relation thereto. From. To and including. Cheese produced Queensland in The Cheese Market­ 1st August, 31st Decern- ing Board 1927 ber, 1959 Seed cotton produced in The Cotton Market­ 1st January, 31st Decem­ Queensland ing Board 1927 ber, 1956 Eggs produced in that The Egg Marketing portion of Queensland Board lying east of a straight line drawn from a point at the mouth of the Kolan River (north of Bundaberg) on the southern bank thereof to Hunter Railway Station (near Goondi- windi) on the South­ Western Railway, and thence to the Southern boundary of the State. 1st January, 31st Decem­ 1926 ber, 1959 Eggs produced in that portion of Queensland comprised in the shires of Mundubbera, Chin­ chilla, Murilla, and in those parts of the shires of Gooinburrum, Kolan, Perry, Biggenden, Gayndah, Wondai, Kingaroy, Wambo, Tara, and Waggamba lying to the west of a straight line drawn from a point at the mouth of the Kolan River (north of Bundaberg) on the southern bank thereof to Hunter Railway Station (near Goondi- windi) on the South­ Western Railway, and thence to the Southern boundary of the State. The Egg Board Marketing 28th Novem­ ber, 1946 31st Decem­ ber, 1959

406 PRIMARY PRODUCE. Primary Producers’ Organisation, Etc., Act. 3 E liz . II. No. 29, 1954. SCHEDULE— continued. Article declared to be a Commodity. Commodity Board declared in relation thereto. From. To and including. AH ginger the produce of the soil within any part of the State of Queens­ land and produced or to be produced for sale. The Ginger Market­ ing Board 16th July, 1942 15th July, 1957 AH navy beans the produce The Navy Bean of the soil within any Marketing Board part of the State of Queensland and pro­ duced or to be produced for sale. 7th Novem­ ber, 1946 6th Novem ber, 1955 Pigs (including the carcass The Northern Pig or any part of the carcass Marketing Board of a pig) grown in the Petty Sessions Districts of Atherton, Mareeba, Malanda, Herberton, Chillagoe, Cairns, Babinda, Douglas, and Innisfail. 1st January, 31st Decem­ 1926 ber, 1955 Plywood and veneer pro­ duced for sale in that portion of the State of Queensland north of the twenty-third degree of South Latitude. The Northern Ply­ wood and Veneer Marketing Board 18th April, 1935 2nd May, 1956 A11 peanuts the produce of the soil within any part of the State of Queens­ land and produced or to be produced for sale. The Peanut Market­ ing Board 28th August, 1930 27th August, 1958 Plywood and veneer pro­ The Plywood and duced for sale in that Veneer Marketing portion of the State of Board Queensland south of the twenty-third degree of South Latitude. 3rd May, 1934 2nd May, 1956 Potatoes produced in The Potato Market­ Uth Decem­ 31st March, Queensland. ing Board ber, 1947 1954 Tobacco leaf produced in The Tobacco Leaf 22nd July, Queensland. Marketing Board 1948 31st Decem­ ber, 1963