Queensland–British Food Production Act of 1948 (12 Geo Vi No. 16) (Qld)
Case
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11 LOCAL. PERSONAL. AND PRIVATE ACTS OF THE PARLIAMENT 0~ 1 QUEENSLAND. 11 0 AND 12° GEO. VI. AGRICULTURE. An Act to Provide for the Development and Extension 12 GEO. VI. of Primary Industries by Establishing a QUE: ~ ~ F6. D- BRITISH OOD Corporation Charged with the .General Duty f~~ D~CTh~ : . of Securing the Production and Processing of Foodstuffs and Other Agricultural Products, and the liarketing thereof, and in particular the Special Duty of Increasing the Supply thereof to the United Kingdom and for Other Purposes. [ASSENTED TO 2ND APRIL, 1948.] B E it enacted by the King's Most Excellent Majesty, 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:- PART I.-PRELIMINARY. P%:txiiNARY. 1. This Act may be cited as "The Queensland- Short title. British Food Production Act of 1948." 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; Parts of Act. PART H.-THE QUEENSLAND-BRITISH CORPORATION ; FOOD PART lH.-DuTIES, FUNCTIONS, AND POWERS OF THE QUEENSLAND-BRITISH FOOD CORPORA- TION; PART IV.-AcQUISITION OF LAND; PART V.-FINANCE; PART VI.-GENERAL.
314 AGRICULTURE. P: ~ ~NARY. Queensland-British Food Production Act. 12 GEO. VI. No. 16, t M er e m an s i . ng of or re 3 qu . irIenst, htihseAfcotl, louwnliensgs ttehremcsonshteaxllt hotahveerwthiseeminedainciantgess respectively assigned to them, that is to say:- ' Agricultural products. Marketing. " Agricultural products ' '-Include livestock and livestock products; " Marketing "-includes- (a) Everything involved in processing, manu- facturing, preparing, treating, or packing foodstuffs or other agricultural products for marketing; and (b) Everything involved in the marketing, of foodstuffs or other agricultural products or of processed, manufactured, prepared, or treated foodstuffs or other agricultural pro- ducts or of any products derived from such processing, manufacture, treatment, or preparation; and Minister. Overseas Food Corporation. Person. Prescribed. ReguJatiODB. This Act. (c) The refrigeration or cold storage of any foodstuffs or other agricultural products or of processed, manufactured, prepared, or treated foodstuffs or other agricultural products, or of any products derived from such processing, manufacture, treatment, or preparation; " Minister "-The Premier and Chief Secretary or other Minister of the Crown for the time being charged with the administration of this Act; "Overseas Food Corporation "-The Overseas' Food Corporation established under " The Overseas Resources Development Act, 1948," of the United Kingdom; " Person" includes a body corporate; " Prescribed "-Prescribed by this Act; " Regulations "-Regulations made under the authority of this Act; "This Act "-This Act and all Proclamations, Orders in Council, and regulati( )~ s hereunder.
1948. AGRICULTURE. Queensland-British Food Production Act. 315 PARTII.- THE QUEENSLAND- BRITISH! FOOD CORPOBATION. PART n.-THE QUEENSLAND-BRITISH FOOD CORPORATION. 4. (1.) There shall be established in accordance Establish- with this Act a body to be called" The Queensland- c: ~~ : tt~ :. British Food Corporation" (herein referred to as "the Corporation "). (2.) The Corporation shall consist of a Chairman, a Deputy Chairman, and either four or seven other members each of whom shall, subject to nomination as provided for in this subsection, be appointed by the Governor in Council. (3.) Subject to subsection five of this section appoint- ments as aforesaid shall be made upon the nomination of the Overseas Food Corporation in the case of-' (i.) The Chairman; and (ii.) Other members (exclusive of the Deputy Chairman), so that two-thirds of the total number of members (inclusive of the Chairman and Deputy Chairman) of the Corporation for the time being shall be nominees of the Overseas Food Corporation. (4.) Subject to this Act the Chairman, Deputy Chairman, and each other member of the Corporation shall hold office during good behaviour for the respective term for which he is appointed or reappointed but no such appointment or reappointment shall be for a term exceeding seven years. (5.) In appointing and in nominating for appoint- ment ,as members of the Corporation any person the experience had and capacity shown by him in matters relating to primary production, industry, or trade, finance, science, administration, and the organisation and welfare of employees shall be taken into acoount. (6.) The Corporation shall be deemed to have come into existence upon the appointment of the Chairman, Deputy Chairman and not less than two other members thereof: ,Provided' that, if the total number of members appointed for the time being is less than six, appointments shall be made upon t~ e nomination of the Overseas Food Corporation" except in the case of the Deputy Chairman and one other member:
316 AGRICULTURE. PART II.- ~ - -- " ~- - .--- - QUE~ ' ! ~ AND- Queensland-British Food Product-ion Act. 12 GEO. VI. No. 16, ~ ~ ~ ~ ~: ~ ~-- --- -- - - - - - - - - - - - - - - - - - - - - - --- --- --- --- --- --- - Body 5. (1.) The Corporation shall be a body corporate corporate. under the name and style of "The Queensland-British Food Corporation," and by that name shall have perpetual succession and an official seal, and, subject to and for the purposes of this Act, shall be capable in law of suing and being sued under its corporate name and of taking by agreement, purchasing, holding, alienating, conveying, and otherwise dealing with real and personal, movable, and immovable property within and outside the State of Queensland and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2.) All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of the Corporation affixed to any document or notice and shall presume that it was duly affixed. Corporation maybe established and may set up its organisation. 6. At any time after the passing of this Act-- (i.) The Governor in Council may establish the Corporation by appointing the Chairman, Deputy Chairman, and not less than two other members thereof; and (ii.) Upon establishment as aforesaid the Corpora- tion may appoint and employ such and so many officers, employees, and agents and do and perform all such other matters and things as it deems necessary to establish the organisation required for the carrying out of its duties under this Act. Meetings of 7. (1.) Meetings of the Corporation shall be held :~n.corpora. at ~ uch times ~ nd places as the Corporation from time to tIme determmes. (2.) At a meeting of the Corporation the person named hereunder shall, if present, and if the person or persons who are named hereunder before him is or are absent, preside, that is to say- (i.) The Chairman; (ii. ) The Deputy Chairman; (iii.) The duly appointed deputy for the Chairman; (iv.) The duly appointed deputy for the Deputy Chairman. If no one of the abovenamed persons is present the meeting shall appoint one of its members to preside.
AGRICULTURE. ~ 17 - - -- ~. ~ .~ ~ ~~ - -~ ~ ~ - - - . - . - - - . ~ - - - - -- --- --- - PART.I.- 1948. Queensland-British Food Production Act. THE QUEENSLAND- - . - - ~ - . .--.- - - ~ - - - - - - - ~ - - - - - BRITISH FOOD CORPORATION. ~ ~- - - - - ~ - - - - - - . - - - - (3.) A member shall not vote in respect of a matter in which he has, directly or indirectly, a pecuniary interest; nor shall he, without prior leave of the Corporation, take part in a debate in respect of such a matter. This subsection does not apply to an interest had by a member by reason that he is also a member of the Overseas Food Corporation, or by reason that he also holds office under the Crown in right of the State of Queensland. (4.) Subject to this section, procedure, voting, order of business, quorum and other matters connected with meetings of the Corporation shall be as determined from time to time by the Corporation. (5.) The validity of any proceeding of the Corpora- tion shall not be affected by any vacancy amongst the members thereof, or by any defect in the appointment of, or disqualification of, a member or of a deputy for a member thereof. 8 (I.) If any member, including the Chairman or Deputy Deputy Chairman, of the Corporation is absent by leave members. of the Corporation for any reason whatsoever, the Minister may, if so requested by the Corporation, appoint a person to act as his deputy during such absence, and every deputy shall while so acting have the powers and perform the duties of the Chairman, Deputy Chairman, or, as the case may be, the other member for whom he is such deputy: Provided that in the case of the absence 01 the Chairman or of another member whose appointment was made upon nomination by the Overseas Food Corporation, the deputy shall be appointed upon the like nomination. (2.) If a member of the Corporation is so appointed to act as deputy for the Chairman or for the Deputy Chairman, the Minister may appoint some other person to act as deputy for such member while he is acting as deputy for the Chairman or, as the case may be, for the Deputy Chairman. 9. (1.) The Corporation shall pay to each member S~ Iaries and of the Corporation, in respect of his office as such, such!r o::::rs. remunerat.ion and allowances as may be determined by the Overseas Food Corporation and approved by the Minister, and to the Chairman and to the Deputy
318 AGRICULTURE. PART II.-- -.- - ~ -- --- -------- ~ . -- - -- ~ - . - - - - . ~ - - - - - - - - - - -- - -- ~ ~ QUEl~~~~AND- Queensland-British llood Production Act. BRITISH FOOD CORPORATION. 12 GEO. VI. No. 16, Chairman, in respect of his office as such, such remunera- tion and allowances (in addition to any Iemuneration or allowances to which he may be entitled in respect of his office as a member) as may be so determined and approved. (2.) If any member of the Corporation, other than the Chairman or the Deputy Chairman, is employed about the affairs of the Corporation othel'wise than as a member thereof, the Corporation may pay to that member such remuneration and allowances (in addition to any remuneration or allowances to which he may be entitled in respect of his office as a member) as may be determined by the Overseas Food Corporation and approved by the Minister. (3.) The Corporation shall, as regards any member in whose case it may be determined by the Overseas Food Corporation with the consent of the Minister to make provision for the payment on his death or retire- ment of a pension, gratuity or other like benefit, pay, or provide for the payment of, such pension, gratuity, or other like benefit to him or to others by reference to his service as may be determined. DiS9ualifi- 10. The Chairman, Deputy Chairman, or any other :: ~ ~/ rom member of the Corporation shall be deemed to have member. vacated his office if- (a) He becomes bankrupt or insolvent, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes any assignment of his remuneration for their benefit; or (b) Except on leave granted by the Corporation (power to grant such leave being hereby authorised), he absents himself from three consecutive meetings of the Corporation; or .(c) He resigns his office by writing under his hand addressed to the Corporation and the resignation is accepted by the Corporation; or (d) He becomes permanently' iI~ capable of. per- formiIig his duties; or
1948. AGRICli'L'l'URE. 319 --- ~ ~- . ~- - - - - PART H.- Queensland-British llood Production Act. THE QUEENSLAND• . ~ BRITISH FOOD CORPORATION. (e) Subject in the case of a nominee of the Overseas FoodCorporation to their consent, his appointment is terminated by the Governor in Council for misbehaviour or incapacity; or (f) He is convicted of a criminal offence for which he is liable to be punished by imprisonment for twelve months or more. 11. (1.) The Corporation may from time to time Officers, appoint and employ such and so many officers and other : r~: : !s. employees and agents as it thinks necessary for the purposes of carrying out its duties under this Act. (2.) Subject to any applicable award or determina- tion of any Industrial Court, tribunal, or authority the Corporation may determine the salaries and wages of its officers and employees. (3.) The remuneration of agents of the Corporation shall be such as the Corporation fixes. PART HI.- DUTIES, FUNCTIONS, AND POWERS P AR'l' IIl.-DUTIES, FUNCTIONS, AND POWERS OF rfHE QU~:~~~~D- QUEENSLAND-BRITISH FOOD CORPORATION. BRITISH FOOD CORPORATION. 12. (1.) The Corporation shall be charged with the Dutiesof general duty of securing the investigation, formulation, :~ e Corpora· establishment, maintenance, and carrying out of projects Ion. for the production and processing of foodstuffs and other agricultural products and for the marketing of such foodstuffs and products. (2.) The Corporation shall have the power, for the purpose of the discharge of their duty under the preceding subsection, to establish, maintain, and carry on all activities, the carrying on whereof appears to them to be requisite, advantageous, or convenient for or in connection with the discharge of their said duty, including power- (a) To produce, process, manufacture, prepare, or treat or to make arrangements for the pro- cessing, manufacture, preparation, or treat- ment of foodstuffs or other agricultural products and for any of those purposes to establish, maintain, and carry on all activities, the carrying on whereof appears to them to be requisite, advantageous, or convenient for or in connectioIl with the production, processing, manufacture, preparation, or treatment of any foodstuffs or other agricultural products;
320 AGRICULTURE. PAI<T IIT.--- FUDNUCTTIIEOSN, S, Queensland-British Food Production Act. 12 GEO. VI. No. 16, AND POWERS OF THE QUEJENSLAND- BRITISH FOOD CORPORATION. (b) To make all such contracts and arrangements with any person or authority within or outside the State of Queensland, the making whereof appears to them to be requisite, advantageous, or convenient for or in con- nection with the marketing of foodstuffs or other agricultural products or of any product derived from producing, processing, manufac- turing, preparing or treating any foodstuffs or other agricultural products; (c) To promote the carrying on of any of the abovementioned activities by other bodies or persons and for that purpose to establish or expand or promote the establishment or expansion of other bodies to carry on any such activities either under the control or partial control of the Corporation or independently, and to give assistance to such bodies or other bodies or persons appearing to the Corporation to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by grant, loan, or otherwise; (d) To carry on any such activities in association with other bodies or persons (including Government authorities), or as managing agents or otherwise on their behalf. (3.) The Corporation shall have power to do anything and to enter into any transaction (whether or not involving expenditure, borrowing in accordance with the provisions of this Act in that behalf, lending or invest- ment of money, the acquisition of any property or rights, or, subject to the provisions of section twenty-four of this Act, the disposal of any property or rights) which in their opinion is calculated to facilitate the proper discharge of their functions or is incidental or conducive thereto. (4.) The Corporation shall be subject to and shall obey all laws of the State of Queensland for the regula- tion or control of the production or marketing of food- stuffs or agricultural products produced by the Corporation:
AGRICULTURE. 321 PARTIII.- 1948. Queensland-British Food Production Act. DUTmS. FUNCTIONS, ~ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AN~ : ~ ; : aS P roVl' ded t hat t he Go vernor I . n Council may by BQRUIETEINSSl{ LFAONODD- O. rder i . ll Council prescrI' bethat any 0 fthe 1aws mentl.Oned CORPORATION• in this subsection shall, as respects any of the activities or functions of the Corporation, not apply, or apply only to such extent as he shall specify in the Order in Council. Any such Order in Council may fix terms, provisions and conditions to be observed by the Corporation as respects the activity or function to which the Order in Council relates and the Corporation shall be subject to and shall obey all such terms, provisions and conditions. 13. The Corporation shall as soon as possible after Annual the end of each financial year of the Corporation publish report. a full report on the exercise and performance by them of their functions during that year, and shall furnish two copies of the report to the Minister who shall lay a cOPY. thereof before Parliament. 14. (1.) The Corporation shall establish a reserve Reserve fund. Fund. (2.) The management of the said fund, the sums to be carried from time to time to the credit thereof, and the application thereof, shall be as the Corporation may determine: Provided that no part of the said· fund shall be applied otherwise than for the purposes of the Corpora- tion. 15. (1.) It shall be the duty of the Corporation so Balancing of to plan the exercise and performance of their functions ~ : ~ ~ u: . n~ ' as to secure that their revenues are not less than sufficient surpl~ to meet all sums properly chargeable .to their revenue revenue. account (including, without prejudice to the generality of that expression, provisions in respect of their obliga- tions under the last preceding section and to their lenders), taking one year with another ~ (2.) Any excess of the revenues of the Corporation for any financial year thereof over the sums properly chargeable to their revenue account for that year (including as aforesaid) shall be applied by the Corpora- tion for such purposes of the Corporation as they may determine. L
322 AGRICULTURE. PARTIII.- F~NUC~ ~ :NB. Queensland-British Food Production Act. 12 GEO. VI. No. 16, AN~ : ~ : RB _ _ _ _ _ _ _ _ ~ - - - - -- - - - - - - - - - ~~ : i: : ~ ~ L~ ~ ~ 16. (1.) The Corporation shall keep proper accounts ~ ~ : PO~ : ION. and other records in relation thereto, and shall prepare ando=dit. in respect of each financial year of the Corporation a statement of accounts in such form as they may deter- mine,being a form which shall conform with the best commercial standards. (2.) The accounts of the Corporation shall be audited by auditors to be appointed annually by the Corporation with the approval of the Auditor-General: Provided that no person shall be qualified to be so appointed unless he is a public accountant registered as such under *" The Public Accountants Registration Act of 1946." (3.) So soon as the accounts of the Corporation for any financial year thereof have been audited they shall send a copy of the statement of accounts prepared in respect of that year to the Minister together with a copy of any report made by the auditors on the statement or on the accounts. Superannua- 17. Subject to the approval of the Minister and ~ : o~ hle~ t the Overseas Food Corporation, the Corporation shall funds. have power to establish and support or to aid in the establishment and support of such superannuation or provident schemes or plans or trusts as they may deter- mine for the benefit of their officers and employees and dependants of their officers and employees and to subsidise and to contribute and make payments from the funds of the Corporation to the funds created and held in connection with any such schemes, plans, or trusts. PART IV.- ACQUISITION PART .IV.-AcQUISITION OF LAND. OF LAND. Purpose of 18. The purpose of this Part of this Act is to enable Part. the acquisition of lands for or in connection with the establishment, maintenance, and carrying on by the Corporation of any activity which the Corporation is empowered to establish, maintain, or carry on for or in connection with the discharge of its general duty under this Act. Validation 19. (1.) Where the Co-ordinator-General of Public roefsucmerpta- in Works has, before the coming into operation of this tions. Act, proceeded to resume and acquire any lands for or in * 11 G. 6 No. 4.
1948. AGRICULTURE. Queensland-British flood Production Act. 323 PABTIV.- ACQUISITION OF LAND. connection with any of the activities which the Corpora- tion is empowered to establish, maintain, and carry on, then that resumption and acquisition shall be, and be deemed to have always been, authorised by this Part of this Act, and is hereby approved, ratified, and validated accordingly. (2.) The lands so taken shall vest in the Crown and all purchase money and compensation in respect thereof, together with all the expenses incurred by the said Co-ordinator-General in effecting the resumption or acquisition thereof shall be paid by the Corporation to the said Co-ordinator-General. 20. (1.) All lands other than 'Crown lands and all ~ efP' easements which are required for or in connection with ~ ~ ~ d: ' all or any of the activities which the Corporation is empowered to establish, maintain, and carry on, may, with the prior approval of the Governor in Council, be resumed and acquired by the Co-ordinator-General of Public Works from the owners thereof or the persons having any interest therein under the provisions of *" The State Development and Public Works Organisation Acts, 1938 to 1940/' to the same extent as if such activities were works authorised by the Governor in Council under those Acts to be carried out by the .said Co-ordinator-General and the provisions of those Acts shall apply and extend accordingly except that any lands taken (including lands taken by agreement) shall vest in the Crown and any easements taken shall be in the name and for the benefit of the Corporation but subiect to the provisions of this Act. (2.) All the purchase money and compensation payable in respect of lands or easements so acquired, together with all expenses incurred by the said Co-ordinator-General in effecting such resumption or acquisition shall be paid by the 'Corporation to the said Co-ordinator-General. 21. (1.) Subject to this Act,- Use e. n~ . . occupatIon (I.) All lands taken, whether by resumptIOn or of land by by agreement, by the Co-ordinator-General : ~ e Corpora- of Public Works under the provisions of this Ion. Part of this Act shall be set apart for occupation and use by the Corporation; and * 2 G. 6 No. 3 and amending Act.
324 AGRICULTURE. PARTlV.- ACOQFULIASINTDIO. N Queensland-British Food Production Act. 12 GEO. VI. No. 16, (ii.) Any Crown lands required by the Corporation for or in connection with the establishment, maintenance, and carrying on of any of its lawful activities, may be set apart for occupation and use by it. (2.) All lands set apart under this section for occupation and use by the Corporation shall be vested in and held by the Corporation by lease under and subject to such terms and conditions as may be agreed upon by the Minister and the Overseas Food Corporation and approved by the Governor in Council. (3.) An agreement made and approved under sub- section two of this section in respect of any particular land may provide that such land shall be vested in and held by the Corporation under *" The Land Acts, 1910 to 1948," by such lease in perpetuity or for a term of years under those Acts as is deemed appropriate, regard being had to the activity of the Corporation for or in connection with which that land is required. (4.) The Corporation shall be granted without com- petition, and shall hold the land comprised in, a lease of any tenure under *" The Land Acts, 1910 to 1948," under and subject to all of the applicable provisions of those Acts except- (i.) That any of such provisions prohibiting a body corporate from being granted or from holding the lease in question, or limiting the maximum area of land which may be held by the lease in question, or limiting the aggregate maximum area of all lands which may be held by the holder of the lease in question, shall not apply or extend as respects the granting or holding of the lease; and (ii.) That the Governor in Council may, by Order in Council, prescribe that any other of such provisions as he shall specify in the Order in Council shall not apply or extend (or shall apply and extend subject to such alterations, additions, variations, or other modifications as are specified in the Order in Council) as respects the granting or holding of the lease. (5.) A lease under this section of any lands specified in paragraph (i.) of subsection one of this section shall be at a peppercorn rental. * 1 G. 5 No. 15 and amending .Acts.
1948. AGRICULTURE. Queensland-British Food Production Act. 325 PART IV.- ACQUlII1'l!I6N 0F LAND. (6.) If at any time any of the lands of the Corpora- tion specified in paragraph (i.) of subsection one of this section are taken otherwise than by agreement with the Corporation, then, in determining the compensation payable to the Corporation in respect of the loss of that land, the value of the land shall (irrespective of the amount payable in respect of the improvements thereon, if any) be assessed at not less than the purchase price or compensation paid by the Corporation therefor. = = ~ - - 22. Nothing in this Act shall prevent the acquisition Certain. as provided for under *" The Electric Supply Corporation ~ h: : ; ~ ~ ~ ts (Overseas) Limited Agreement Act of 1947," of any land land of the Corporation required for works as defined under preserved. that Act of The Electric Supply Corporation (Overseas) Limited or the right under that Act of the said Company to the use and occupation of Crown lands required for such works. Moreover, nothing in this Act shall prevent- (i.) The acquisition of; or (ii.) The lawful taking of any materials the natural produce thereof from, any of the lands of the Corporation by the Co-ordinator- General of Public Works, the Commissioner for Railways, the Commissioner of Main Roads, the Commissioner of Irrigation and Water Supply, an Electric Authority, or a constructing authority under and within the meaning of t" The Public Works Land Resumption Acts, 1906 to 1940," subject to the payment of compensation, including severance as provided by law. P ART V •- F INANCE. PARTV.- FINANCE. 23. (1.) Subject to this Part of this Act the Borrowing Corporation may borrow sums required by them for powers. meeting any of their obligations or discharging any of their functions and for the purpose of enabling the Corporation to defray expenditure properly chargeable to capital account, including defraying initial expenses and provision of working capital. * 11 G. 6 No. 39. t 6 E. 7 No. 14 and amending Acts.
326 AGRICULTURE. PARTV.- FINANCE. Queensland-British Food Production Act. 12 GEO. VI. No. 16, ----_._----------------- (2.) The power of the Corporation to borrow shall be exercisable as follows, that is to say, by borrowing- (a) From the Overseas Food Corporation; (b) Subject to appropriation by Parliament, from the Treasurer within the maximum specified in subsection three of this section; (c) In any other manner agreed upon between the Minister and the Overseas Food Corporation. (3.) The Treasurer may, subject to appropriation by Parliament, make advances to the Corporation up to amounts such that the aggregate outstanding at any time in respect of the advances shall not exceed whichever of the following sums is the less, namely:- (i.) One-third of the aggregate sum outstanding at that time in respect of advances made to the Corporation by the Overseas Food Corporation; or (ii.) Five hundred thousand pounds Australian. (4.) The Treasurer and the Overseas Food Corpora- tion may guarantee, in such manner and on such conditions as they think fit, the payment of the principal of and interest on any authorised borrowings of the Corporation made otherwise than by way of advance by the Treasurer or by the Overseas Food Corporation, but the Treasurer shall not, if the aggregate of that borrowing and of all amounts then outstanding in respect of advances made by him to the Corporation exceeds the maximum specified in subsection three of this section, be a party to such guarantee unless the Overseas Food Corporation shall have first indemnified him against liability under that guarantee for any payment in excess of that maximum. (5.) The Corporation shall make to the Treasurer or to the Overseas Corporation, at such times and in such manner as he or they may direct, payments of such amounts as he or they may (at the time of making the advance or payment in fulfilment of any guarantee) so direct in or towards repayment of advances made to the Corporation by him or by them, and of any sums paid in fulfilment of any guarantee given under this Part of this Act, and payments of interest on what is out- standing for the time being in respect of such advances and of any sums so paid at such rate as he or as they
1948. AGRICULTURE. Queensland-British Food Production Act. 327- PAllTV.- FINANCE. may direct, and different rates of interest may be directed as respects different advances or sums and as respects interest for different periods. Any such direction maybe varied at any time underan agreement made between the Treasurer or, as the case may be, the Overseas Food Corporation and the Corporation. (6.) Subject to the requirements of any agreement in that behalf made between the Minister and the Over- seas Food Corporation, the Corporation may give securities for the repayment of a loan borrowed by it under paragraph (c) of subsection two of this section. PART VI.-GENERAL. PART VI.- GENERAL. 24. (I.) The Minister and the Overseas Food Cor- Subjects poration may enter into such agreements as are deemed = : ~ ~ ~ t. necessary or desirable to provide for and secure the exercise and performance by the Corporation of its duties and functions under this Act. Provision may be made in any such agreement for or in connection with any matter deemed by the Minister and the Overseas Food Corporation to be requisite, advantageous or convenient for or in connection with the function or duty of the Corporation which is the subject of that agreement. In particular, but without limit to the generality of the foregoing provisions of this section, agreements as aforesaid may be made for or in connection with th~ following matters, namely:- (i.) Share farming projects or schemes for tile purpose of carrying out any of the activities empowered to be undertaken by the Corpora- tion upon any of its lands; (ii.) The leasing of lands of the Corporation for the purpose of the carrying out by the lessees thereon of any of the activities empowered to be undertaken by the Corporation; ,iii.) Providing that lands agreed to be leased as aforesaid may, under *" The Land Acts, 1910 to 1948," be subdivided into holdings for settlement under such of the tenures provided for in that Act as may be agreed to be appropriate, having regard to the activities to be carried on upon such lands by the lessees. * 1 G. 5 No. 15 and amending Acts.
328 AGRICULTURE. PART VI.- GENERAL. Qtteensland-British Food Production Act. 12 GEO. VI. No. 16, (iv.) Requiring lessees of land agreed to be leased to establish their suitability for settlement thereon, the method of determining such suitability, and providing for priority in settlement for suitable lessees; (v.) Providing for the formation and registration under *" The Co-operative Societies Act of 1946," of a co-operative society for the purpose of taking over and continuing the carrying out of any activity of the Corpora- tion. (2.) The Governor in Council may make Orders in Council containing all such orders, directions and other provisions as he may deem necessary to give or make for the purpose of ensuring the execution of an agreement made under this section, including such provisions as he may deem necessary so that the operation and effect of the agreement will not be prejudiced or limited by some other Act or law. When Crown 25. (1.) A person holding office under any other ~ ~ : ~ : b! Act may, notwithstanding any prohibition or disquali- or employee fication contained in that Act, be appointed to be a C~ : : : ration member of the Corporation or may, with the approval of the Governor in Council, be employed by the Corporation. A person so appointed or employed shall, if the Governor in Council so determines, continue to hold his office under the other Act in question during the period of his membership of, or employment by, the Corporation. Any provision of any other Act which would, except for this s3ction- (i.) Prohibit membership of the Corporation by, or employment by the Corporation of, a person holding office thereunder; or (ii.) Disqualify from holding office thereunder a member or employee of the Corporation, shall be read and construed so that such prohibition or disqualification shall not apply or extend with respect to membership of or employment by the Corporation. '" 10 G. 6 No. 50.
1948. AGRICULTURE. Queensland-British Food Production Act. 329 PAllTv';I(- GENBIlAIl. (2.) The Governor in Council may under *" The Public Service Acts, 1922 to 1945," second any officer of the Public Service as defined therein for employment with the Corporation and that officer shall, during the period of his employment with the Corporation, retain his classification and seniority in the Public Service as if he had not been so seconded. 26. The Corporation shall not be bound by the Build~ ~ g provisions of t" The Building Operations and Timber and opera Ions. Building Materials Oontrol Acts, 1945 to 1948." 27. It is hereby declared that nothing in this Act Taxation. exempts the Corporation from liability for any tax, duty, . rate, levy or other charge whatsoever, whether general or local. 28. (1.) The Governor in Council may, from time Regulations. to time, make all such regulations as he deems necessary or convenient for the purpose of carrying this Act into execution, and, in particular but without limiting the generality of his power to make regulations, may make regulations prescribing all matters which by this Act are required or permitted to be prescribed (excepting any such matter required by this Act to be prescribed other- wise than by regulation) or which are necessary or convenient to be prescribed in relation to any matter within the powers and functions vested by this Act in the Corporation, and generally for regulating and carry- ing into effect any action taken by the Corporation in or in connection with the exercise of any such power or function. unde 2 r 9 th . I . S (l . A) cEt vsehrayll-Order in Council or regulation made ~ C f o g u t n : c : il ! a ~ n o d ~ (a) Be publI'S h e d I . II t h e Gazette; regulations. (b) Shall, upon its publication in the Gazette, be judicially noticed; (c) Take effect from the date of such publication, in the case of such regulation, or from a later date to be specified in the regulations; and * 13 G. 5 No. 31 and amending Acts. t 9 G. 6 No. 22 and amending Act.
330 AGRICULTURE-LABOR PARTY. I: ' AJ& ~VI. GBI(BItAL. Metropolitan, Etc., Australian Labor Party Act. 11 GEO. VI. (cl) Be laid before Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution ofwhich notice has been given at any time within fourteen sitting days after an Order in Council or regulation has been laid before Parliament disallowing that Order in Council or r.egulation or part thereof, the Order in Council or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. . . For the purposes of this paragraph the term "sitting days" shall mean days on which Parliament actually sits for the despatch of business. LABOR PARTY. 11 GEO. VI. An Act to Transfer to and Vest in Trustees upon METRO- POLITAN DISTRICT Trust for the Australian Labor Party (State COUNCIL OF THE. of Queensland) certain Moneys in the ·AUSTRALIAN LAB(/tJR PARTY Commonwealth Savings Bank ofAustralia at ACT OF 1947. ]Jrisbane to which the said Party is entitled. [ASSENTED TO 6TH NOVEMBER, 1947.] W· Preamble. HEREAS there is in the Savings Bank Department of the Commonwealth Bank of Australia at Brisbane a sum of money amounting, on the thirty-first day of May, one thousand nine hundred and forty-seven, . to one thousand three hundred and twenty-five pounds ten shillings and eleven pence .to the credit of an account numbered S 1661 and called the Metropolitan District Labour Council Queensland Labor Club Account whereof Henry Bond and Archibald Bowman are named in the records of the said Bank as trustees : .And 'whereas such money is rightly the property of the Australian Labor Party (State of Queensland) in that it consists in part of sums of money deposited in the said Bank by an organisation within and forming
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