Primary Producers Organisation and Marketing Acts and Another Act Amendment Act of 1965 (Qld)

177 (Qttrrnsif1t T ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1965 An Act to Amend 'T he Primary Producers ' Organisation and Marketing Acts, 1926 to 1962," and "The Peanut Industry Protection and Preservation Acts, 1939 to 1941," each in certain particulars [ASSENTED TO 21sT APRIL, 1965] 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 Acts and Another Act Amendment Act of 1965." 2 Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS TO " THE PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACTS, 1926 TO 1962 "; PART III-AMENDMENTS TO " THE PEANUT INDUSTRY PROTECTION AND PRESERVATION ACTS, 1939 TO 1941."

178 Primary Producers' Organisation , Etc., Act of 1965, No. 12 PART 11-AMENDMENTS TO " THE PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACTS, 1926 TO 1962 " 3. (1) Interpretation of Part II . This Part 11 of this Act shall be read as one with " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962." (2) Collective title . " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962," and this Part 11 of this Act may be collectively cited as " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965." 4. Amendments to s. 9 . Section nine of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962 " is amended by- (a) inserting after subsection (1) the following subsection:- " (1A) The Governor in Council by Order in Council may prescribe penalties for any contravention of or failure to comply with any provision of am Order in Council under this section in relation to and commodity (whether such commodity is declared as such by this section or by Order in Council under this section). Where by any Order in Council under this section in relation to any commodity the Governor in Council has extended (whether wholly or with any modifications thereof or additions thereto) any of the provisions of this Act to such commodity such provisions as so extended or added shall for the purposes of this subsection be deemed to be provisions of such Order in Council. A prescription under this subsection may, in relation to any commodity, provide for- (a) a maximum penalty not exceeding five hundred pounds; (b) in the case of an offence which is continued by the offender after he has been convicted therefor, a daily penalty not exceeding twenty pounds, which daily penalty may be provided additionally to any other amount of penalty which may be provided pursuant to this subsection; (c) an increased penalty for a second or subsequent offence, whether committed against the same or a different provision of any Order in Council in question, but so that the maximum amount of penalty for a second or subsequent offence shall not exceed five hundred pounds."; (b) adding to subsection (4) the following provisos:- " Provided that the Governor in Council by Order in Council (which Order shall for the purposes of this section be and be deemed to be an Order in Council merely ancillary to the Orders whereby the commodity in question was declared as such under and for the purposes of this Act and a Board was constituted in relation thereto) may at any time prior to the expiration of the period of office of the members of any Board extend that period and thereafter may further extend that period from time to time: Provided further that no such extension or further extension shall be for a period exceeding three months: Provided further that the Governor in Council shall not make an) such extension or further extension- (a) unless he is satisfied- (i) that proposals exist to amend provisions of an Order in Council relating to the election of representatives of growers to the Board concerned; or

Primary Producers ' Organisation . Etc., .4 c! of 1965.: `u. I? 179 (ii) that an emergency exists in relation to the inarketing of the commodity concerned; (b) if as a result of such extension or further extension the period of office of such members would exceed four years.'; (c) in subsection (7s) omitting paragraph (i) and inserting in its stead the following paragraphs:- " (i) The division of the State into zones or, where the commodity is declared to be such Lnder and for the purposes of this Act within specified districts or localities, the division of such districts or localities into zones: determining with reference to a period or periods specified the maximum quantity of the commodity produced in any zone which shall vest in and become the property of the hoard or which shall be delivered to the Board or its authorised agents; determining in relation to a grower (the identity of whom may be established by his being in a specified zone, class or area or by any other manner considered sufficient by the Governor in Council) the maximum quantity of the commodity or commodities produced by him which, with reference to a period or periods specified, shall be vested in and become the property of the Board or which shall be delivered to the Board or its authorised agents; declaring with reference to the period or periods specified that in relation to the zone or zones specified (which periods may be specified differently in relation to different zones) the commodity or commodities grown therein shall not vest in and become the property of the Board or shall not be required to be delivered to the Board or its authorised agents; (j) The pooling of so much of the commodity vested or becoming the property of the Board or delivered to the Board or its authorised agents as was produced in any zone or zones differently from so much thereof as was produced in another zone or other zones, and either with or without reference to a period of time.". 5. Amendments to s. 15 . Section fifteen of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962," is amended by- (a) omitting subsection (3) and inserting in its stead the following subsection :- " (3) Prohibition on sales , & c., except to Board . Any person who, save as hereinafter prescribed sells or delivers any of the commodity to or buys or receives any of the commodity from any person other than the Board shall be guilty of an offence against this Act and liable- (a) for a first offence, to a penalty of not more than one hundred pounds ; (b) for a second such offence, to a penalty of not more than two hundred pounds; (c) for a third or subsequent such offence, to a penalty of not more than five hundred pounds."; (b) inserting after subsection (6) the following subsection:- " (7) This section shall not apply in respect of any commodity or any part thereof which, by virtue of this Act, does not vest in and become the property of the Board concerned or which is not required to be delivered to the Board or its authorised agents."

180 Primary Producers' Organisation , Etc., Act of 1965. No. 12 6. Amendments to s. 18 . Section eighteen of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962," is amended by- (a) adding to subsection (1) the following proviso:- " Provided that a Marketing Board may refuse to accept any of the commodity which, by virtue of this Act, does not vest in and become the property of such Board or is not required to be delivered to the Board or its authorised agents."; (b) omitting subsection (2) and inserting in its stead the following subsection :- " (2) Subject to this Act a Board shall, out of the proceeds of the commodity disposed of by the Board under this Act, make payment to each grower of the commodity delivered to the Board- (a) (If included in a separate pool for so much of the commodity as was produced in a particular zone or zones) that proportion of the net proceeds of the sale of all the commodity included in that separate pool which the amount of the commodity supplied by the grower included in such separate pool bears to all of the commodity included in such separate pool; (b) in any other case , that proportion of the net proceeds of the sale of all the commodity which the amount of the commodity supplied by the grower bears to all of the commodity, with proper allowance for differences in the quality of the commodity.". 7. Amendment to s. 31 (3). Section thirty-one of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1962," is amended by in subsection (3) omitting the words " fifty pounds " and inserting in their stead the words " one hundred pounds ". 8. Validation of Orders in Council . The two Orders in Council made prior to the passing of this Act whereby the members, as at the thirty-first day of December, one thousand nine hundred and sixty-four, of The Grain Sorghum Marketing Board holding office as growers' representatives were continued and further continued in office are, and it is hereby declared always were, as valid and effectual as if paragraph (b) of section four of this Act had been in force when such Orders in Council were made and are hereby ratified accordingly. 9. Grain Sorghum . (1) In this section the expression " grain sorghum " does not include certified seed of grain sorghum under and within the meaning of " The Agricultural Standards Acts, 1952 to 1963." (2) Save and except grain sorghum delivered to The Grain Sorghum Marketing Board or its authorised agents before the date of the passing of this Act, grain sorghum produced on or after the first day of January. one thousand nine hundred and sixty-five outside the parr of Queensland comprised by the Local Authority Areas of the City of Rockhampton. the Town of Gladstone, and the Shires of Broadsound. Livingstone, Fitzroy, Mount Morgan, Calliope, Banana. Duaringa. Bauhinia, Emerald. Peak Downs. and Belyando shall not be a commodity under and for the purposes of this Act.

Primary Producers ' Organisation . Etc., Act of 196f. Vo. 12 181 (3) The name of the Board (ir. this section called the " said Board "i constituted in relation to the commodity grain sorghum is hereby changed from " The Grain Sorghum Marketing Board " to " The Central Queensland Grain Sorghum Marketing Board". (4) The persons who, at the date of the passing of this Act, hold office as members of the said Board representative of growers of grain sorghum shall, subject to " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," and any Orders in Council thereunder relating to grain sorghum or the said Board , or both (including Orders in Council made before as well as on or after the date of the passing of this Act), continue respectively in office as members of the said Board for the period for which they were elected thereto and any extension or further extension thereof duly made by the Governor in Council by Order in Council. (5) Any Order in Council made under section nine of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," with respect to the representation of growers of the commodity grain sorghum on the said Board , the election of the growers' representatives thereon, or otherwise affecting the constitution of the said Board shall for the purposes of the said section nine be and be deemed to be an Order in Council merely ancillary to the Orders in Council under that section whereby grain sorghum was declared to be a commodity under and for the purposes of the said Acts and the said Board was constituted in relation thereto. (6) The Governor in Council by Order in Council (which Order in Council shall for the purposes of section nine of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," be and be deemed to be an Order in Councii merely ancillary to the Orders in Council under that section whereby grain sorghum was declared to be a commodity under and for the purposes of those Acts and the said Board was constituted in relation thereto) may reduce to less than three years the period for which the members of the said Board as constituted consequent upon the election of the growers' representatives thereon first held after the date of the passing of this Act shall hold office and those members shall, subject to this Act, hold office accordingly. (7) The change in the name of the said Board made by this section shall not affect the continuity of its identity or any of its rights or obligations or render defective any legal proceedings by or against it, and any legal proceedings that might have been commenced or continued by or against it by its former name may be commenced or continued by or against it by its changed name. (81 Except as prescribed by this section grain sorghum shall be and continue to be a commodity under and for the purposes of " The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," and all Orders in Council relating to that commodity made under those Acts before and in force at the date of the passing of this Act shall, with and subject to all such adaptations and modifications as are necessary to give effect to this section, continue in force accordingly until revoked, altered , amended or otherwise modified by any further Order in Council relating to such commodity made under the aforesaid Acts.

182 Primary Producers ' Organisation , Etc., Act of 1965, No. 12 PART III-AMENDMENTS TO " THE PEANUT INDUSTRY PROTECTION AND PRESERVATION ACTS, 1939 TO 1941 " 10. (1) Interpretation of Part III. This Part III of this Act shall be read as one with " The Peanut Industry Protection and Preservation Acts, 1939 to 1941." (2) Collective title . " The Peanut Industry Protection and Preservation Acts, 1939 to 1941," and this Part III of this Act may be collectively cited as " The Peanut Industry Protection and Preservation Acts, 1939 to 1965." 11. Amendment to s. 22 . Section twenty-two of "The Peanut Industry Protection and Preservation Acts, 1939 to 1941," is amended by inserting after subsection (3) the following subsection :- " (4) The Governor in Council may from time to time by Order in Council suspend the operation of this section. Such suspension may be limited for such period or periods as may be specified in the Order in Council. Any suspension of the operation of this section made pursuant to this subsection may be determined by a later Order in Council. During any period of any year during which the operation of this section is, pursuant to this subsection, suspended by an Order in Council, the annual list compiled by the Board under this section for that year shall by virtue of such Order in Council, be suspended and shall not have any force or effect whatsoever for any purpose of this Act."