Primary Producers' Organisation and Marketing (Queensland Cane Growers' Organisation) Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 455 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ ORGANISATION AND MARKETING (QUEENSLAND CANE GROWERS’ ORGANISATION) AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF QUEENSLAND CANE GROWERS’ ORGANISATION REGULATION 1987 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of s 5 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Replacement of ss 15–17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15 Election of district executive representatives for appointment to the Council—Act, s 30(7) . . . . . . . . . . . . . . . . . . . . 4 16 Duration of district executive representative’s appointment to Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 17 Filling of casual vacancy in Council membership . . . . . . . . . . . . . . 5 17A Effect of vacancy on Council’s acts and decisions . . . . . . . . . . . . . . 6 8 Amendment of s 20 (Executive of Council) . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 9 Amendment of s 22 (Signing of documents) . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Omission of s 30 (Validation of act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 40 (Nominations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 41 (Roll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 44 (Ballot-papers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Amendment of s 49 (Declaration of poll) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Omission of s 54 (Elected body to continue) . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Omission of Sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 3—REPEAL 17 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s4 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment Regulation (No. 1) 1994 . PART 2—AMENDMENT OF QUEENSLAND CANE GROWERS’ ORGANISATION REGULATION 1987 ˙ Regulation amended 2. This regulation amends the Queensland Cane Growers’ Organisation Regulation 1987 . ˙ Replacement of s 1 (Short title) 3. Section 1— omit, insert— ˙ ‘ Short title ‘ 1. This regulation may be cited as the Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Regulation 1987 .’. ˙ Omission of s 2 (Commencement) 4. Section 2— omit.

s5 4 s7 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 ˙ Amendment of s 4 (Interpretation) 5.(1) Section 4, heading— omit, insert— ‘ Definitions ’. (2) Section 4— insert— ‘ “approved form” means a form approved by the chief executive under section 5.’. ˙ Replacement of s 5 (Forms) 6. Section 5— omit, insert— ˙ ‘ Forms ‘ 5. The chief executive may approve forms for use under this regulation.’. ˙ Replacement of ss 15–17 7. Sections 15 to 17— omit, insert— ˙ ‘ Election of district executive representatives for appointment to the Council—Act, s 30(7) ‘ 15.(1) A mill suppliers’ committee for a mill whose suppliers are represented on a district executive must elect 1 member from its representatives on the district executive for appointment to the Council. ‘ (2) The mill suppliers’ committee must elect the member at its first meeting after the date of each declaration of a poll for the election of the district executive’s members. ‘ (3) The mill suppliers’ committee must conduct the election of the member in accordance with the procedures decided by it.

s7 5 s7 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 ˙ ‘ Duration of district executive representative’s appointment to Council ‘ 16.(1) A district executive representative must be appointed as a member of the Council for a term of not longer than 3 years. ‘ (2) A member’s Council office becomes vacant if the member— (a) dies; or (b) retires; or (c) becomes disqualified from holding office as a member; or (d) resigns by signed notice of resignation given to the Council; or (e) is absent from 3 consecutive Council meetings without the Council’s leave and without reasonable excuse. ‘ (3) A member appointed to fill a vacancy in Council membership must be appointed for the remainder of the term of office of the member whose office became vacant. ˙ ‘ Filling of casual vacancy in Council membership ‘ 17.(1) If a member’s Council office becomes vacant because of an event mentioned in section 16(2), the Council must give the mill suppliers’ committee that elected the member written notice of the vacancy. ‘ (2) If the member’s district executive office does not become vacant because of the event and the mill suppliers’ committee has other representatives on the district executive, the committee must elect, from its other representatives, a member to fill the Council vacancy. ‘ (3) The mill suppliers’ committee must elect the member as soon as practicable after it receives the notice mentioned in subsection (1). ‘ (4) If the member’s district executive office becomes vacant because of the event or the mill suppliers’ committee has no other representatives on the district executive— (a) the vacancy on the district executive must be filled under

s8 6 s8 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 section 18 1 as soon as practicable; and (b) after the vacancy on the district executive is filled, the mill suppliers’ committee must elect, from its representatives on the district executive, a member to fill the Council vacancy. ‘ (5) If the member’s Council office that becomes vacant is the office of chairperson or vice-chairperson— (a) the election of a member to hold the office must be placed on the agenda for the first Council meeting after the vacancy happens; and (b) the vacancy must be filled at the meeting as if the meeting were the first meeting held after an election of the Council. 2 ˙ ‘ Effect of vacancy on Council’s acts and decisions ‘ 17A. An act done or decision made by the Council while a vacancy exists in its membership is not invalid merely because of the existence of the vacancy.’. ˙ Amendment of s 20 (Executive of Council) 8.(1) Section 20(2), from ‘An act’ to ‘Provided always that the’— omit, insert— ‘The’. (2) Section 20(3) and (4)— omit. 1 Section 18 (Filling of vacancy on district cane growers’ executive and mill suppliers’ committee) 2 See section 11.

s 9 7 s 12 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 ˙ Amendment of s 22 (Signing of documents) 9. Section 22(2)— omit. ˙ Omission of s 30 (Validation of act) 10. Section 30— omit. ˙ Amendment of s 40 (Nominations) 11. Section 40(2) and (3)— omit, insert— ‘ (2) A nomination must be made in the approved form.’. ˙ Amendment of s 41 (Roll) 12.(1) Section 41(2) and (3)— renumber as section 41(4) and (5). (2) Section 41(1)— omit, insert— ‘ 41.(1) The returning officer is to compile the official roll for an election. ‘ (2) The roll must contain the name of each person who is— (a) a canegrower; and (b) listed in the Sugar Cane Assignment Register under the SugarIndustry Act 1991 as having an interest in an assignment. ‘ (3) The roll must also contain the name of each person not mentioned in subsection (2) who, not later than 30 days before the day fixed for the holding of the election, gives the returning officer a declaration stating that the person is a canegrower.’.

s 13 8 s 13 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 ˙ Amendment of s 44 (Ballot-papers) 13.(1) Section 44(3) to (5)— renumber as section 44(6) to (8). (2) Section 44(2)— omit, insert — ‘ (2) A ballot paper must— (a) be in the approved form; and (b) be of a material and opacity that, when folded, the way the voter voted is effectively concealed; and (c) state— (i) the ballot paper must be posted to reach the returning officer by a stated date; and (ii) the name of the body to which the candidates are to be elected; and (iii) the number of candidates to be elected to the body; and (d) contain— (i) the names of all candidates for election; and (ii) a square opposite the name of each candidate. ‘ (3) A ballot paper must contain the following sentence— Place a tick in the square opposite the name of each of the .......... [insert number of candidates to be elected] candidates for whom you are voting. ‘ (4) A ballot paper must contain the following declaration to be completed by the voter— I declare that— (a) I am a canegrower supplying sugar cane to the .............................................. Mill; and (b) I have not voted previously at this election.

s 14 9 s 17 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 ‘ (5) A ballot paper must provide for the voter to sign and date the paper and state the voter’s address.’. ˙ Amendment of s 49 (Declaration of poll) 14. Section 49(1), ‘Form 4’— omit, insert— ‘the approved form’. ˙ Omission of s 54 (Elected body to continue) 15. Section 54— omit. ˙ Omission of Sch 1 16. Schedule 1— omit. PART 3—REPEAL ˙ Repeal 17. The Primary Producers’ Organisation and Marketing (Constitution of Queensland Cane Growers’ Council) Order 1991 is repealed. ENDNOTES 1. Made by the Governor in Council on 15 December 1994. 2. Notified in the Gazette on 16 December 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries.

s 14 10 s 17 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 455, 1994 © State of Queensland 1994