Primary Producers' Organisation and Marketing (Queensland Cane Growers' Organisation) Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 226 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ ORGANISATION AND MARKETING (QUEENSLAND CANE GROWERS’ ORGANISATION) AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—DISTRICT EXECUTIVES AND MILL SUPPLIERS’ COMMITTEES Division 1—District executives 5A District executives—establishment . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Mill suppliers’ committees 5B Mill suppliers’ committees—establishment . . . . . . . . . . . . . . . . . . . 4 5C Number of members—Act, s 30(5) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5D Members by virtue of office—Act, s 30(5A) . . . . . . . . . . . . . . . . . . . 4 5E Elected members—Act, s 30(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Replacement of s 11 (Election of vice-chairmen) . . . . . . . . . . . . . . . . . . . . 5 11 Electing vice-chairpersons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Replacement of s 16 (Duration of district executive representative’s appointment to Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 16 Council members—office term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16A Vacation of office—body member . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Replacement of s 21 (Finance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 21 Spending must be approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 32A District suppliers’ meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Insertion of new s 57 and Pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 57(1) Fees, allowances and travelling expenses . . . . . . . . . . . . . . . . . . . . . 8 PART 8—TRANSITIONAL 58 First Tablelands Mill Supplier’s Committee . . . . . . . . . . . . . . . . . . . 9 11 Insertion of new schs 1–4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE 1 DISTRICT EXECUTIVES SCHEDULE 2 MILL SUPPLIERS’ COMMITTEES—MEMBERS SCHEDULE 3 ZONES FOR ELECTING MEMBERS TO CERTAIN MILL SUPPLIERS’ COMMITTEES SCHEDULE 4 FEES AND ALLOWANCES FOR MEMBERS OF A BODY SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 19 MINOR AMENDMENTS

s1 3 s5 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ˙ Short title 1. This regulation may be cited as the Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment Regulation (No. 1) 1997 . ˙ Commencement 2. Sections 10(1) and 11(2) are taken to have commenced on 1 May 1997. ˙ Regulation amended 3. This regulation amends the Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Regulation 1987 . ˙ Amendment of s 4 (Definitions) 4. Section 4— insert— ‘ “assignment” see Sugar Industry Act 1991 . 1 ’. ˙ Insertion of new pt 2 5. After section 5— insert— 1 Sugar Industry Act 1991 , section 3 (Interpretation)— “assignment” means an assignment within the meaning of section 136 and includes an interest in an assignment.

s5 4 s5 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ PART 2—DISTRICT EXECUTIVES AND MILL SUPPLIERS’ COMMITTEES ‘Division 1—District executives ˙ ‘ District executives—establishment ‘ 5A.(1) The district executives stated in schedule 1, column 1 are established. ‘ (2) The mill suppliers who elect each executive and the number of representatives they elect are stated in schedule 1, column 2 opposite the executive’s name in column 1. ‘Division 2—Mill suppliers’ committees ˙ ‘ Mill suppliers’ committees—establishment ‘ 5B.(1) Mill suppliers’ committees are established for the mills stated in schedule 2, column 1. ‘ (2) The name of each committee is the ‘[ name of mill ] Sugar Mill Suppliers’ Committee’. ˙ ‘ Number of members—Act, s 30(5) ‘ 5C. For section 30(5) 2 of the Act, the number of members on each mill suppliers’ committee is stated in schedule 2, column 4, opposite the mill’s name in column 1. ˙ ‘ Members by virtue of office—Act, s 30(5A) ‘ 5D. The number of committee members for each mill suppliers’ 2 Section 30 of the Act (Cane to be a commodity)

s6 5 s6 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 committee by virtue of office under section 30(5A) of the Act is stated in schedule 2, column 2, opposite the mill’s name in column 1. ˙ ‘ Elected members—Act, s 30(5B) ‘ 5E.(1) The number of remaining members for each mill suppliers’ committee who must be elected under section 30(5B) of the Act is stated in schedule 2, column 3, opposite the mill’s name in column 1. ‘ (2) For section 30(5B) of the Act, a committee’s elected members must be elected in the way set out in part 5 3 by growers— (a) for a committee stated in schedule 3—who supply sugar cane to the mill in the zones stated in schedule 3; or (b) for another committee—who supply sugar cane to the mill for which the committee has been established. ‘ (3) The number of members to be elected from each zone stated in schedule 3 is the number of members stated for that zone in schedule 3. ‘ (4) An election candidate for a zone must hold assigned land in the zone.’. ˙ Replacement of s 11 (Election of vice-chairmen) 6. Section 11— omit, insert — ˙ ‘ Electing vice-chairpersons ‘ 11.(1) The Council must elect a senior vice-chairperson and a junior vice-chairperson at its first meeting after each Council election. ‘ (2) The senior and a junior vice-chairpersons must be— (a) Council members; and (b) elected separately, after the chairperson has been elected. 3 Part 5 (Election of district cane growers’ executives and mill suppliers’ committees)

s7 6 s7 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ (3) The meeting must elect the senior vice-chairperson first. ‘ (4) The elections must be by simple majority of the members of the Council members present and voting. ‘ (5) If the votes cast for 2 or more candidates are equal, the chairperson must decide who is elected by exercising a casting vote as well as the chairperson’s vote under subsection (4).’. ˙ Replacement of s 16 (Duration of district executive representative’s appointment to Council) 7. Section 16— omit, insert— ˙ ‘ Council members—office term ‘ 16. A Council member is to be appointed for a term of not more than 3 years. ˙ ‘ Vacation of office—body member ‘ 16A.(1) A body member’s 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 body; or (e) is absent from 3 consecutive body meetings without— (i) the body’s leave; and (ii) reasonable excuse. ‘ (2) A district executive or mill suppliers’ committee member’s office also becomes vacant if the member stops being— (a) a grower and a genuine mill supplier; or (b) the appointee of a grower who is a genuine mill supplier.

s8 7 s9 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ (3) A member appointed to fill a vacancy in a body’s membership must be appointed for the remainder of the term of office of the member whose office became vacant. ‘ (4) In this section— “mill” means— (a) for a district executive member—the mill whose suppliers the member represents on the executive; or (b) for a mill suppliers’ committee member—the mill for which the committee has been established.’. ˙ Replacement of s 21 (Finance) 8. Section 21— omit, insert — ˙ ‘ Spending must be approved ‘ 21.(1) A member or officer of a body must not incur expenditure for the body without its prior approval. Maximum penalty—2 penalty units. ‘ (2) However, the member or officer may incur expenditure if the body approved— (a) expenditure of that kind by the member or officer before the expenditure was incurred; and (b) the expenditure after it was incurred.’. ˙ Insertion of new s 32A 9. Part 3, after section 32— insert— ˙ ‘ District suppliers’ meeting ‘ 32A.(1) A district executive may call a meeting (a “district suppliers’ meeting” ) of suppliers to mills in its district.

s 10 8 s 10 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ (2) A district executive must call a district suppliers’ meeting within 21 days if its secretary is given a requisition— (a) signed by at least 12.5% of the suppliers to each mill in the district; and (b) stating the meeting’s purpose. ‘ (3) A district suppliers’ meeting must be called by a notice— (a) stating the meeting’s purpose; and (b) published at least 5 days before the meeting in a newspaper circulating in the district.’. ˙ Insertion of new s 57 and Pt 8 10.(1) Part 7, after section 69— insert— ˙ ‘ Fees, allowances and travelling expenses ‘ 57(1). The fees, allowances and travelling expenses under section 30(8)(b) of the Act that may be paid to a member of a body are— (a) the fees and allowances in schedule 4; and (b) the travelling expenses and travelling allowances that may be paid to a public service employee under the Public Service Act 1996 . ‘ (2) However, a fee may only be paid for a meeting or special duty under schedule 4, part 1 if— (a) there is no fee for the meeting or special duty under schedule 4, part 2; or (b) if there is a fee for the meeting or special duty under schedule 4, part 2—the duration of the meeting or special duty is more than the duration stated in schedule 4, part 2.’. (2) Part 7, after section 69— insert—

s 11 9 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ PART 8—TRANSITIONAL ˙ ‘ First Tablelands Mill Supplier’s Committee ‘ 58.(1) Despite section 55, the first Tableland Mill Suppliers’ Committee is to be elected for the term from when the poll for the election of the committee is declared to 30 April 2001. ‘ (2) This part expires on 1 May 2001.’. ˙ Insertion of new schs 1–4 11.(1) After section 69— insert— ‘ SCHEDULE 1 ‘ DISTRICT EXECUTIVES section 5A Column 1 District executive Mossman district cane growers’ executive Tableland district cane growers’ executive Cairns district cane growers’ executive Innisfail district cane growers’ executive Column 2 Electing mill suppliers & number of representatives Mossman Central Sugar Mill suppliers—6 Tableland Sugar Mill suppliers—5 Babinda Central and Mulgrave Central Sugar Mill suppliers—2 each Mourilyan and South Johnstone Central Sugar Mill suppliers—2 each

s 11 10 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 Tully River district cane growers’ executive Herbert River district cane growers’ executive Burdekin district cane growers’ executive Proserpine district growers’ executive cane Mackay district cane growers’ executive Bundaberg district cane growers’ executive Isis district cane growers’ executive Maryborough district cane growers’ executive Southern district cane growers’ executive Tully River Central Sugar Mill suppliers—5 Macknade and Victoria Sugar Mill suppliers—2 each Inkerman, Invicta, Kalamia and Pioneer Sugar Mill suppliers—1 each Proserpine Central Sugar Mill suppliers—7 Farleigh, Marian Central, Plane Creek Central, Pleystowe and Racecourse Central Sugar Mill suppliers—1 each Bingera, Fairymead and Millaquin Sugar Mill suppliers—2 each Isis Central Sugar Mill suppliers—8 Maryborough Sugar Mill suppliers—6 Moreton Central and Rocky Point Sugar Mill suppliers—3 each

s 11 11 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ SCHEDULE 2 ‘ MILL SUPPLIERS’ COMMITTEES—MEMBERS 4 sections 5C, 5D and 5E Column 1 Mill Babinda Central Bingera Fairymead Farleigh Inkerman Invicta Isis Central Kalamia Macknade Marian Central Maryborough Millaquin Moreton Central Column 2 Column 3 Members by Elected virtue of office members 05 07 07 05 07 07 08 15 25 07 06 07 07 Column 4 Total members 5 7 7 5 7 7 8 6 7 7 6 7 7 4 Under section 30(5A) of the Act (Cane to be a commodity), the elected representatives on the district cane growers’ executive for a mill are members of the committee by virtue of office. Under section 30(5B), the remaining members must be elected in a way prescribed under a regulation by growers who supply sugar cane to the mill.

s 11 12 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) Mossman Central Mourilyan Mulgrave Central Pioneer Plane Creek Central Pleystowe Proserpine Central Racecourse Central Rocky Point South Johnstone Central Tully River Central Tableland Victoria 0 0 2 1 0 0 0 0 0 0 0 0 0 6 5 5 4 6 7 7 5 6 6 5 5 5 s 11 No. 226, 1997 6 5 7 5 6 7 7 5 6 6 5 5 5 ‘ SCHEDULE 3 ‘ ZONES FOR ELECTING MEMBERS TO CERTAIN MILL SUPPLIERS’ COMMITTEES section 5E(2) ‘ Invicta Sugar Mill Suppliers’ Committee ‘ 1.(1) Zone 1—3 members elected by growers holding assigned lands in the parishes of Abbortsford, Barratta, Selkirk, Scott and Woodstock.

s 11 13 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ (2) Zone 2—2 members elected by growers holding assigned lands in the parishes of Dalmore, Northcote and Mulgrave. ‘ (3) Zone 3—1 member elected by growers holding assigned lands in the parish of Millaroo. ‘ (4) Zone 4—1 member elected by growers holding assigned lands in the parishes of Dalbeg and Strathalbyn. ‘ Mossman Sugar Mill Suppliers’ Committee ‘ 2.(1) Zone 1—5 members elected by growers holding assigned lands in the parishes of Garioch, Mowbray, Riflemead, Salisbury, Victory and Whyanbeel. ‘ (2) Zone 2—1 member elected by growers holding assigned lands in the parishes of Barron, Culgar, Dynes, Formartine, Hodgkinson and Tinaroo. ‘ South Johnstone Sugar Mill Suppliers’ Committee ‘ 3.(1) Zone 1—5 members elected by growers holding assigned lands in the parishes of Japoon, Johnstone, Hull and Mourilyan. ‘ (2) Zone 2—1 member elected by growers holding assigned lands in the parishes of Barron, East Barron, Malanda, Tinaroo, and Woomunda.’. (2) After section 69— insert—

s 11 14 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ SCHEDULE 4 ‘ FEES AND ALLOWANCES FOR MEMBERS OF A BODY section 57 ‘ PART 1—ANNUAL ALLOWANCES, DAILY MEETING FEES AND DAILY SPECIAL DUTY FEES ‘ Division 1—Queensland Cane Growers’ Council Position Chairperson Vice-Chairperson Members Annual allowance $ 45 000 15 000 - Meeting for each day or part of a day $ - - 247 Special duty for each day or part of a day $ - - 210 ‘ Division 2—District Cane Growers’ Executives District Bundaberg Burdekin Position Annual Meeting Special duty allowance for each for each day day or part or part of a of a day day $ $ $ Chairperson Members Chairperson 9 900 - - - 161 210 - 86 180

s 11 15 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 Cairns Herbert River Innisfail Isis Mackay Maryborough Mossman Proserpine Southern Tableland Tully River Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members - - - 13 160 - 4 100 - - - - - - - - - 11 730 - - - - - 7 500 - 170 210 170 - 145 - 91 162 130 210 155 144 103 210 170 - 170 195 163 100 100 - 160 150 180 150 - 145 - 91 142 130 180 134 103 103 180 150 - 150 180 150 100 100 - 140 ‘ Division 3—Mill suppliers committees District Babinda Central Bingera Fairymead Position Annual Meeting Special duty allowance for each for each day day or part or part of a of a day day $ $ $ Chairperson - 180 180 Members - 105 105 Chairperson - 210 80 Members - 130 80 Chairperson - 195 180

s 11 16 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 Members Farleigh Chairperson Members Inkerman Chairperson Members Invicta Chairperson Members Kalamia Chairperson Members Macknade Chairperson Members Marian Central Chairperson Members Millaquin Chairperson Members Moreton Central Chairperson Members Mourilyan Chairperson Members Mulgrave Central Chairperson Members Pioneer Chairperson Members Plane Creek Central Chairperson Members Pleystowe Chairperson Members Racecourse Central Chairperson Members Rocky Point Chairperson Members South Johnstone Central Chairperson Members Tableland Chairperson Members Victoria Chairperson Members - 11 220 - - - - - - - 9 520 - 13 650 - - - 10 050 - 4 100 - - - - - - - 10 350 - - - - - 4 100 - - - 9 520 - 140 - 134 170 130 184 141 210 170 - 145 - 134 195 141 - 163 - 91 200 130 210 170 205 135 - 134 196 155 173 140 - 91 100 100 - 145 108 - 134 170 130 180 141 160 150 - 145 - 134 180 87 - 150 - 91 180 130 180 150 180 135 - 134 165 134 173 140 - 91 100 100 - 145

s 11 17 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ PART 2—MEETING AND SPECIAL DUTY FEES—SHORT DURATION MEETINGS ‘ Division 1—Queensland Cane Growers’ Council Position Members Duration of meeting (hours) Less than 5 Meeting for each day or part of a day $ Special duty for each day or part of a day $ 150 150 ‘ Division 2—District Cane Growers’ Executives District Burdekin Herbert River Isis Mossman Proserpine Tully River Position Duration of meeting (hours) Meeting for each day or part of a day $ Special duty for each day or part of a day $ Chairman Members Chairman Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Less than 4 Less than 4 Less than 4 Less than 4 Less than 5 Less than 5 Less than 5 Less than 5 Less than 2 Less than 2 Less than 4 Less than 4 120 100 - 87 108 108 100 100 - 80 - 86 100 85 - 87 108 108 80 80 - 80 - 75

s 11 18 s 11 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ‘ Division 3—Mill Suppliers’ Committee District Position Duration of meeting (hours) Meeting for each day or part of a day $ Special duty for each day or part of a day $ Babinda Central Fairymead Invicta Kalamia Macknade Millaquin Moreton Central Pioneer Rocky Point Victoria Chairperson Members Chairperson Members Chairperson Chairperson Members Chairperson Members Members Chairperson Members Chairperson Members Chairperson Members Chairperson Members Less than 5 Less than 5 Less than 5 Less than 5 Less than 5 Less than 5 Less than 5 Less than 4 Less than 4 Less than 5 Less than 3 Less than 3 Less than 4 Less than 4 Less than 5 Less than 5 Less than 4 Less than 4 105 105 195 108 98 105 85 - 87 87 - 77 140 120 108 86 - 87 105 105 180 108 98 105 75 - 87 87 - 77 120 100 108 86 - 87’.

19 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 ¡ SCHEDULE MINOR AMENDMENTS section 3 1. Part 1, heading ‘PART I’— omit, insert— ‘ PART 1 ’. 2. Section 4, ‘In these regulations unless the contrary intention appears—’— omit, insert— ‘In this regulation—’. 3. Section 4, ‘ “Grower” or “Canegrower” ’— omit, insert— ‘ “grower” ’. 4. Part 2, heading ‘PART II’— omit, insert ‘PART 3 ’. 5. Sections 6 and 7, ‘sugar-cane’— omit, insert— ‘sugar cane’.

20 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) 6. Section 6(c), ‘Department of Primary Industries’— omit, insert — ‘department’. 7. Section 6(j)— omit, insert — ‘(j) with the Council’s prior approval—make rules to perform its functions and business;’. 8. Sections 6(l) and 7(l), ‘ Primary Producers Co-operative Associations Act 1923–1986 ’— omit, insert — ‘ Primary Producers Cooperative Associations Act 1923 ’. 9. Part 3, heading ‘PART III’— omit, insert— ‘ PART 4 ’. 10. Section 9— omit, insert— ‘ Urgent and special meetings ‘ 9.(1) The chairperson of a body may call an urgent meeting of the body by giving 7 days written notice to each member of the body. ‘ (2) However, notice may be waived if a majority of the members agree. ‘ (3) The chairperson or secretary of the Council must call a special Council meeting if given a requisition by 10 Council members.

21 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) ‘ (4) The chairperson or secretary of another body must call a special meeting of the body if given a requisition by 2 members of the body. ‘ (5) A requisition must state the special meeting’s purpose. ‘ (6) A special meeting must be— (a) called by giving written notice and a copy of the requisition for the meeting to each member of the Council or other body within 7 days after the requisition is received; and (b) held within 14 days of the giving the notice. ‘ (7) In this section— “chairperson” , of a body, includes a vice-chairperson or deputy chairperson if the chairperson has died or resigned and another chairperson has not been appointed.’. 11. Sections 10 to 14, 22, 23 31, 33 and 44 ‘chairman’— omit, insert— ‘chairperson’. 12. Section 10(4) ‘Provided that’— omit, insert — ‘ (5) However,’. 13. Section 11(3) ‘Provided that’— omit, insert ‘ (4) However,’.

22 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) SCHEDULE (continued) 14. Section 12(2), ‘Every election’— omit, insert— ‘ (3) Every election’. No. 226, 1997 15. Section 12(2), words from ‘In the event’— omit, insert — ‘ (4) If the votes cast for 2 or more candidates are equal, the chairperson must decide who is elected by exercising a casting vote as well as the chairperson’s vote under subsection (3).’ 16. Section 14(1)(a), ‘appoint a duly elected’— omit, insert — ‘appoint as the member’s substitute at the meeting— (i) a duly elected’. 17. Section 14(1)(a), words from ‘meeting:’— omit, insert — ‘meeting; or (ii) if no person is qualified to be appointed under subparagraph (i)—by written instrument, a duly elected and qualified member of the mill suppliers’ committee of which the appointing member of the Council is a member (whether because of office or otherwise);’. 18. Section 14, ‘ ex officio ’— omit, insert — ‘because of office’.

23 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) SCHEDULE (continued) 19. Section 17(1), ‘16(2)’— omit, insert— ‘ 16A(1) ’. No. 226, 1997 20. Section 18(a), words from ‘in the manner prescribed’ to ‘the election’— omit, insert — ‘in the way set out in part 5; 5 and’. 21. Section 18— insert— ‘ (2) If there is a vacancy for a mill suppliers’ committee member who represented the committee on its district executive and a new member must be elected, a majority of the committee may appoint another member to represent it on the district executive until the new member is elected.’. 22. Section 19, ‘Provided always that’— omit, insert— ‘ (2) However,’. 23. Section 20(1)— omit, insert— ‘ (1) The Council may delegate the whole or any part of its functions or powers to an executive of the Council or to a Council member.’. 5 Part 5 (Election of district cane growers’ executives and mill suppliers’ committees)

24 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) 24. Section 20— insert— ‘ (3) In this section— “executive” means a body comprising— (b) the Council’s chairperson and senior and junior vice- chairpersons; and (b) other Council members decided by the Council.’. 25. Section 21— omit, insert— ‘Finance ‘ 21. A member or officer of a body must not incur any expenditure for the body unless— (a) the member or officer has been previously authorised by the body to incur expenditure; and (b) the expenditure is submitted to the body for approval and confirmation.’. 26. Sections 25, 36, 41 and 44, ‘canegrower’— omit, insert — ‘grower’. 27. Section 25(d)— omit, insert — ‘(d) becomes incapable of performing the duties of a member because of physical or mental incapacity; or’.

25 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) 28. Section 26— omit. SCHEDULE (continued) No. 226, 1997 29. Sections 27 and 28, ‘Provided that’— omit, insert — ‘ (2) However,’. 30. Section 29(2) ‘subregulation’— omit, insert— ‘subsection’. 31. Section 32, heading, ‘committee’— omit. 32. Section 32(1), ‘The meeting shall’— omit, insert — ‘ (2) The meeting must’. 33. Section 32(2), ‘(2) (a)’— omit, insert— ‘ (3) ’. 34. Section 32(2), ‘(b) The requisition shall’— omit, insert — ‘ (4) The requisition must’.

26 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) 35. Section 32(2), ‘(c) The notice convening the meeting shall’— omit, insert — ‘ (5) The notice convening the meeting must’. 36. Part 4, heading ‘PART IV’ omit, insert— ‘ PART 5 ’. 37. Section 33, heading, ‘Chairman’— omit, insert— ‘Chairperson’. 38. Section 33, ‘ Primary Producers’ Organisation and Marketing Act 1926–1985 ’— omit, insert — ‘Act’. 39. Section 34, ‘The secretary’— omit, insert — ‘ (2) The secretary’. 40. Section 35(3), ‘The notice shall’— omit, insert — ‘ (3A) The notice must’.

27 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) SCHEDULE (continued) 41. Section 37 and 52(2) ‘regulation’— omit, insert— ‘section’. No. 226, 1997 42. Part 5, heading ‘PART V’— omit, insert— ‘ PART 6 ’. 43. Sections 41(4) and (5), ‘canegrowers’— omit, insert— ‘growers’. 44. Section 41(4), words from ‘Provided that’— omit, insert — ‘ (4A) However, subsection (4) does not limit section 25.’. 45. Section 43(2), ‘(a)’— omit. 46. Section 43(2), ‘(b)’— omit, insert— ‘ (2A) ’. 47. Section 44(6)— omit, insert—

28 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) ‘ (6) Subject to section 45, a ballot-paper returned to the returning officer must be recorded as informal if it is— (a) not marked under this section; or (b) received by the returning officer after the time and date stated on the ballot-paper.’. 48. Section 44(8), ‘chairmen’— omit, insert — ‘chairperson’. 49. Section 55— omit, insert— ‘Date of elections ‘ 55.(1) Elections must be held on or before 30 April in every third year. ‘ (2) Representatives elected at an election hold office for 3 years commencing on 1 May in the year of the election. ‘ (3) However, a member continues in office until the member’s successor has been appointed or elected.’. 50. Sections 56 to 59— omit. 51. Part 6, heading— omit.

29 Primary Producers’ Organisation and Marketing (Queensland Cane Growers’ Organisation) Amendment (No. 1) No. 226, 1997 SCHEDULE (continued) 52. Part 7, heading— omit, insert — ‘ PART 7—MISCELLANEOUS ’. 53. Section 69— omit, insert — ‘False declaration ‘ 56. A person must not knowingly make a false declaration under this regulation. Maximum penalty—1 penalty unit.’. 54. Section 70— omit . ENDNOTES 1. Made by the Governor in Council on 24 July 1997. 2. Notified in the gazette on 25 July 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries, Fisheries and Forestry. © State of Queensland 1997