Queensland Grain Handling Act 1983 (Qld)

480 ANNO TRICESIMO SECUNDO ELIZABET HAE SECUNDAE REGINAE No. 41 of 1983 An Act to provide for the constitution , powers and functions of the Queensland Grain Handling Authority, to provide for the efficient storage and handling of grain within the State , to provide for a toll on grain and for related purposes [ ASSENTED TO 22ND APRIL, 1983]

Queensland Grain Handling Act 1983, No. 41 481 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 Queensland Grain Handling Act 1983. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) this Act shall commence on a day appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-THE AUTHORITY; Division 1-Constitution; Division 2-Proceedings; Division 3-Powers and Functions; PART 111-FINANCIAL PROVISIONS; Division I-Funds of Authority; Division 2-Borrowing of Authority; Division 3-Accounts and Audit; PART IV-CHARGES FOR THE STORAGE AND HANDLING OF GRAIN; PART V-ACQUISITION OF PROPERTY ETC. ; PART VI-TOLL; PART VII-GENERAL. 4. Interpretation . In this Act unless the contrary intention appears- appointed member " means a member other than the member referred to in section 7 (2) (g); " Authority " means the Queensland Grain Handling Authority constituted under this Act; " chairman " means the chairman of the Authority; " functions " includes duties; " grain " means wheat, barley, triticale, maize, grain sorghum, soybeans, safflower seed, sunflower seed, linseed, oats, rye, rapeseed, rice, field peas, lupins, millet, canaryseed and any other product of the soil declared by Order in Council to be grain for the purposes of this Act or any of them; " grower " means a grower of grain; " inspector " means an inspector of grain appointed by the Authority pursuant to this Act;

482 Queensland Grain Handling Act 1983, No. 41 " major coarse grain " means barley, grain sorghum and maize or any of them; " marketing body " means- (a) a body ( howsoever called and whether corporate or unincorporate ) and any corporation sole that is constituted by or under an Act of the State, a Commonwealth Act or a New South Wales Act and that, under or pursuant to the Act by or under which it is constituted , has the power to market or compulsorily acquire grain; (b) The Queensland Graingrowers ' Association, but does not include a primary producers ' co-operative association registered under the Primary Producers' Co-operativeAssociationsAct1923-1981; " member " means a member of the Authority; " merchant " means any person or body of persons (whether corporate or unincorporate ) other than a marketing body who engages in the marketing of grain and includes a primary producers ' co-operative association registered under the Primary Producers' Co-operativeAssociationsAct1923-1981; Minister " means the Minister for Primary Industries of Queensland or other Minister of the Crown who, at the material time , is charged with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; " oilseed " means sunflower seed, soybeans , safflower seed and linseed or any of them; " port " or " harbour " have the same meaning as in the Harbours Act 1955-1982; powers " includes authorities; " secretary " means the secretary of the Authority; " State Wheat Board " means the State Wheat Board constituted under the Wheat Pool Act 1920-1979. PART II-THE AUTHORITY Division I-Constitution 5. Constitution of Authority . (1) There is hereby constituted a body corporate under the name and style " Queensland Grain Handling Authority ". (2) The Authority shall, by the name and style conferred on it by subsection ( 1), have perpetual succession and a common seal and for the purpose of carrying out the objects and purposes of this Act shall be capable in law of suing and being sued and of taking, acquiring, holding and disposing of land and other property, of granting and taking leases of land and other property, and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer.

Queensland Grain Handling Act 1983, No. 41 483 (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed. 6. Authority not to represent Crown . The Authority does not represent the Crown. 7. Composition of Authority. (1) The Authority shall consist of 13 members. (2) The following shall be members of the Authority- (a) the 5 persons who are members of the State Wheat Board as representatives of the growers of wheat; (b) a person, who is an elected member of The Barley Marketing Board, nominated by that Board ; (c) a person, who is an elected member of The Central Queensland Grain Sorghum Marketing Board, nominated by that Board ; (d) a person, who is a grower and a director of The Queensland Graingrowers' Association, nominated by that Association; (e) 3 persons, each of whom is a grower of any major coarse grain or oilseed, elected in the prescribed manner; (f) a person nominated by the Minister after consultation with the bodies referred to in paragraphs (a), (b), (c) and (d) ; (g) the person for the time being appointed as Director of Marketing, Department of Primary Industries or his nominee appointed in writing who shall be a member ex officio. 8. Appointment of members etc. (1) The members, other than the member ex officio, shall be appointed by the Governor in Council by notification published in the Gazette. (2) The chairman of the Authority, who shall be the person nominated by the Minister pursuant to section 7 (2) (f) shall be appointed by the Governor in Council by notification published in the Gazette and shall hold his appointment as such until his office as member is vacated. (3) A person shall not be appointed as a member under more than one paragraph of section 7 (2). (4) If a body referred to in section 7 (2) (b), (c) or (d) which is entitled to do so fails or refuses to nominate a person to be a member of the Authority or to nominate a qualified person, the Governor in Council may appoint any qualified person as a member of the Authority in lieu of that person and where he does so that person shall be deemed to have been nominated by the body in question. 9. Authority first constituted . The Authority may be first constituted at any time after the passing of this Act and if in so constituting the Authority the provisions of this Division are complied with the Authority shall be taken to have been thereby validly constituted.

484 Queensland Grain Handling Act 1983, No. 41 10. Term of appointment of members . (1) Subject to subsections (2) and (3) every appointed member shall be appointed for a term of 3 years and, if he is duly nominated for a second or subsequent appointment, shall be eligible for further appointment to membership of the Authority, but in every case, unless his office is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor, duly appointed in accordance with this Act, assumes his office as a member. (2) An appointed member of the Authority as it is first constituted shall be appointed to hold office until the 30th September, 1986. (3) The continuation of the appointment of an appointed member as provided for in subsection (1) shall not continue- (a) unless otherwise authorized in writing by the Minister-for more than 3 months ; and (b) in any case-for more than 12 months, from the date on which his appointment would otherwise have terminated. 11. Vacating member ' s office. (1) An appointed member may, by writing addressed to the Minister, resign his office at any time. (2) The Governor in Council may at any time remove from office an appointed member. (3) An appointed member shall be deemed to have vacated his office- (a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (b) in the event of his removal, upon the issue by the Minister of notice of his removal; (c) in the event of his absence without the Authority's leave first obtained from 3 consecutive ordinary meetings of the Authority of which notice has been duly given to him; (d) if he is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (e) if he has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland of an act or omission that if done or made in Queensland would have constituted an indictable offence; (f) if he is a patient within the meaning of the Mental HealthAct1974-1978; (g) if he ceases to be qualified as a member. (4) For the purposes of subsection (3) (c)- (a) the non attendance of an appointed member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the Authority at which a quorum is present is actually held on that day;

Queensland Grain Handling Act 1983, No. 41 485 (b) the attendance of an appointed member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the appointed members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. (5) For the purposes of subsection (3) (g) a person shall cease to be qualified as a member- (a) if he ceases to possess the qualifications necessary for his appointment as a member; or (b) if the body by whom he was nominated informs the Minister in writing that it has resolved that he should no longer represent it on the Authority. 12. Casual vacancy in appointed members office . (1) A casual vacancy shall be taken to arise in the office of an appointed member- (a) if he dies; (b) if his office becomes vacant as prescribed by section 11. (2) If a casual vacancy occurs in the office of an appointed member during the currency of his term of appointment another person shall be appointed as a member in accordance with sections 7 and 8, to fill that vacancy. (3) The appointment of a person appointed to fill a casual vacancy shall continue and be deemed to continue for as long as the appointment of his predecessor had the casual vacancy not occurred. 13. Appointment of secretary and inspectors etc. (1) The Authority shall from time to time appoint and employ a secretary. (2) The Authority may from time to time appoint by writing under its seal and employ such number of inspectors of grain as the Authority thinks fit. (3) The Authority may employ such other persons as the Authority thinks fit. (4) The Authority may appoint persons as its agents. Division 2-Proceedings 14. Meetings of the Authority . (1) The Authority shall hold its first meeting within one month after it is first constituted at such time and place as the chairman appoints. (2) The Authority shall, by its resolution, appoint the times and places at which its meetings will be held and shall hold its meetings as so resolved from time to time.

486 Queensland Grain Handling Act 1983, No. 41 15. Presiding at meetings . The chairman shall preside at every meeting of the Authority at which he is present and in his absence the members who are present, if they constitute a quorum, may appoint one of their number to act as chairman of the meeting and such appointee may preside at the meeting and exercise and perform the powers and functions of the chairman. 16. Quorum at meetings . The quorum of the Authority shall consist of 7 members. 17. Notice of meetings . (1) Notice of every meeting or adjourned meeting, other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held, shall be in writing and shall be given to each member at least 7 days prior to the date appointed for such meeting: Provided that in circumstances that in the opinion of the chairman or of 2 other members constitute an emergency the chairman or, as the case may be, such 2 members may upon notice to all the members call a meeting of the Authority and the same may be validly held notwithstanding that the notice given is for less than the time prescribed by the preceding paragraph for a notice of meeting. (2) A notice of a meeting or an adjourned meeting may be given to a member by prepaid post letter addressed to his place of business or place of residence last known to the chairman. 18. Adjournment of meetings . (1) The members present at a meeting of the Authority may adjourn the meeting from time to time. (2) If a quorum is not present at a meeting within 15 minutes after the time appointed for the meeting to commence the member or members present or the majority of them, if more than 2 are present, may adjourn such meeting to any time not later than 14 days from the date of such adjournment. (3) Subsection (2) shall not be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. 19. Conduct of Authority' s affairs. (1) The Authority shall exercise or perform a power, function or obligation by majority vote of its members present and voting at the meeting at which such exercise or performance is to occur. (2) An appointed member who, being present at a meeting, abstains from voting shall be deemed to have voted in the negative. (3) The person who is duly presiding at a meeting shall have a deliberative vote and, in the event of an equality of votes, a casting vote. (4) The Authority shall cause to be recorded in a book provided for the purpose (in this Act called the minute book), kept by the secretary under the superintendence of the chairman- (a) particulars of all proceedings of the Authority;

Queensland Grain Handling Act 1983, No. 41 487 (b) the names of the members present at each meeting of the Authority ; (c) the names of all members voting on any question before the Authority on which a division is called. (5) Every entry in the minute book shall be signed at the meeting of the Authority next following the meeting at which the proceedings to which the entry relates were taken, by the chairman or other person who duly presides at such next following meeting and by the secretary. (6) Every entry in the minute book purporting to be signed as prescribed and every writing purporting to be a copy of or extract from such an entry (purporting to be signed by the chairman and sealed with the seal of the Authority) shall upon its production in any proceeding be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters contained therein without further proof of the regularity of the meeting to which the entry relates or of any other matter referred to therein. 20. Custody of seal and authentication of documents . (1) The common seal of the Authority shall be in the custody of the secretary of the Authority. (2) The common seal shall not be affixed to a document except under the authority of a resolution of the Authority and shall be affixed by the chairman or the person who has custody of the seal in accordance with this Act. (3) Except where it is by this Act otherwise prescribed, a document made or issued by the Authority for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the secretary. 21. Validity of proceedings . An act or proceeding of the Authority shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done or proceeding taken there were vacancies in the membership of the Authority or that all the members for the time being holding office were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more of the members who joined in doing such act or taking such proceeding or in authorizing such act or proceeding or of any combination of such facts. Division 3-Powers and Functions 22. Powers of Authority . (1) The Authority may- (a) receive grain from any marketing body or merchant, be appointed as the storage and handling agent for any marketing body or merchant and, subject to subsection (3), determine quality standards in respect of grain to be delivered to it by or on behalf of any marketing body or merchant;

488 Queensland Grain Handling Act 1983, No. 41 (b) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments; (c) investigate, plan, design, purchase, construct, lease or otherwise provide storage and handling facilities for grain at locations within the State including ports and harbours; (d) dispose of any property or assets held by the Authority on such terms and conditions as it may consider proper; (e) enter into contracts in respect of the storage and handling of grain ; (f) consign and ship grain on behalf of any marketing body or merchant ; (g) co-ordinate the transport, by any means, of grain on behalf of any marketing body or merchant and make representations to the appropriate authorities with a view to improving the facilities available for the transporting of grain; (h) make recommendations to the Minister in respect of such matters as are referred to it for that purpose by the Minister; (i) do all such other things as are necessary to achieve the objects and purposes of this Act. (2) The Authority may, to achieve the purposes of this Act, with the prior approval of the Minister given either generally or in a particular case- (a) hold shares in a body corporate; (b) guarantee- (i) the payment of all or part of the moneys from time to time payable ; (ii) the performance of contracts or the fulfilment of obligations, by a person or body of persons (whether corporate or unincorporate); (c) indemnify any person or body of persons (whether corporate or unincorporate) against any loss which might be incurred by that person or body; (d) enter into a joint venture arrangement with any person or body of persons (whether corporate or unincorporate). (3) Where a marketing body has determined quality standards in respect of grain that is to be delivered by it or on its behalf to the Authority and has advised the Authority in writing of those standards and the grain to which they relate prior to the delivery of that grain to the Authority, the Authority shall accept those standards and for the purposes of this Act they shall be taken to have been determined by the Authority pursuant to subsection (1) (a). 23. Delivery schemes. (1) The Authority may, after consultation with the marketing body which markets the grain to which the scheme will relate or, where the scheme will relate to wheat, with the State Wheat

Queensland Grain Handling Act 1983, No. 41 489 Board, prepare and implement a scheme with a view to equitably apportioning among growers the storage space available for that grain at facilities owned or operated by the Authority. (2) The Authority may, pursuant to a scheme referred to in subsection (1)- (a) require that grain delivered to a storage facility owned or operated by it be delivered at a certain time and in a certain manner, quantity and condition; (b) allocate quotas for the delivery of grain. (3) This section shall be construed subject to the Wheat DeliveryQuotas Act1970-1974. 24. Authority may refuse to accept delivery. (1) The Authority may refuse to accept the delivery of grain where- (a) the quality of the grain does not accord with the appropriate standards determined by it pursuant to section 22 (1) (a); (b) a scheme referred to in section 23 is in operation in respect of the grain--the grain is delivered otherwise than in accordance with that scheme; (c) the acceptance of delivery of the grain would result in a contravention or failure to comply with any by-law made under this Act. (2) A refusal by the Authority under subsection (1) to accept the delivery of grain shall not relieve a grower from any obligation which he may otherwise have to deliver that grain to any person or body of persons (whether corporate or unincorporate). 25. Name of marketing body or merchant to be supplied . A person who delivers grain to the Authority shall give to the Authority at the point of delivery the name and address of the marketing body or merchant on whose behalf the grain is delivered. 26. Authority to have exclusive handling powers in certain cases. (1) The Governor in Council on the recommendation of the Minister may by Order in Council declare any grain to be declared grain for the purposes of this section. (2) A declaration made pursuant to subsection (1)- (a) may be made to apply generally throughout the State or only within the part or parts specified therein; (b) may be made to apply without limit as to time or its application may be limited to the period of time specified therein. (3) The Authority shall, at every port and harbour in the State at which it owns or operates facilities for the storage and handling of the grain concerned and at every other port or harbour in the State declared by Order in Council to be a port or harbour to which this subsection applies, have the exclusive right to store and handle declared grain that is intended to be exported outside of Australia from that port or harbour.

490 Queensland Grain Handling Act 1983, No. 41 (4) Unless he has the written permission of the Authority so to do, a person shall not at any port or harbour in the State store or handle declared grain that, pursuant to subsection (3), the Authority has the exclusive right to store and handle. Penalty: An amount calculated by multiplying $25 by the number of tonnes of grain proved to have been stored or handled by the defendant in contravention of this subsection. (5) Subject to section 24, the Authority shall not, at any port or harbour in the State at which facilities for storing and handling the grain concerned are owned or operated by it, refuse to accept delivery of declared grain that is intended to be exported outside of Australia from that port or harbour and that is delivered to those storage and handling facilities. 27. Superannuation scheme. (1) The Authority may with the approval of the Governor in Council- (a) institute and maintain any scheme; (b) amend any scheme, for the provision of superannuation benefits to its officers, employees or their dependants and to that end may provide in such manner as it thinks fit for the establishment and maintenance of such a fund as it considers necessary or desirable and may contribute to such a fund. (2) Nothing contained in subsection (1) shall require the Authority to obtain the approval of the Governor in Council to maintain any scheme established by the State Wheat Board where the assets relating to that scheme have been transferred pursuant to section 46. 28. Authority may carry on business under business name. (1) The Authority may carry on business under a business name registered under the Business Names Act1962-1979. (2) All financial and legal arrangements entered into by the Authority shall be entered into under the name by which it is constituted. PART 1I1-FINANCIAL PROVISIONS Division 1-Funds of Authority 29. Funds to be maintained . (1) The Authority shall establish and at all times maintain in accordance with this Act the following funds- (a) a Toll Fund; and (b) such other funds as are prescribed. (2) The regulations may prescribe the purpose for which a fund referred to in subsection (1) (b) is to be applied. (3) The funds shall be separate and distinct and the manner of banking thereof shall be as prescribed.

Queensland Grain Handling Act 1983, No. 41 491 30. Toll Fund . (1) The Authority shall pay or cause to be paid into the Toll Fund all toll moneys received by it from a marketing body pursuant to section 47. (2) Moneys from time to time forming the Toll Fund may be applied to- (a) the costs involved in investigating, planning, designing, purchasing, constructing, leasing or otherwise providing storage and handling facilities for grain at locations within the State including ports and harbours; (b) the repayment to a marketing body pursuant to section 49 of the total amount of any toll paid by that marketing body to the Authority during a specified period. 31. Investment of funds. The Authority may invest moneys which are surplus in any fund kept by it in one or more of the following investments- (a) in securities issued or guaranteed by the Government of the Commonwealth or of a State or Territory of the Commonwealth ; (b) with or on deposit with a bank or in securities issued, guaranteed or accepted by a bank; (c) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; (d) in such other securities, investments or other financial arrangements as may be recommended by the Treasurer and approved by the Governor in Council, provided that no such investment shall have a term in excess of 12 months except with the Treasurer's approval first had and obtained. Division 2-Borrowing of Authority 32. Power to borrow, etc. (1 ) Subject to this Division, the Authority may- (a) borrow money from the Treasurer; (b) borrow money from The Queensland Government Development Authority ; (c) borrow or raise money by way of sale of- (i) debentures; (ii) bonds; (iii) inscribed stock; or (iv) other securities approved by the Treasurer; (d) enter into such other financial arrangements as the Treasurer approves upon such terms and conditions as he thinks fit, and may enter into financial arrangements partly in one and partly in another or other of the ways specified in this subsection.

492 Queensland Grain Handling Act 1983, No. 41 (2) Before entering into negotiations for financial arrangements the Authority shall obtain the sanction of the Treasurer and for that purpose shall furnish to the Treasurer such information as he requires. (3) The Authority shall not enter into financial arrangements without the approval of the Governor in Council first had and obtained and where that approval is subjected to any terms or conditions it shall comply with the terms or conditions. 33. Debentures, bonds and stock. Section 25 of the Statutory BodiesFinancial Arrangements Act1982 applies in respect of the Authority. Division 3-Accounts and Audit 34. Accounts . The Authority shall cause proper accounts to be established and faithfully and properly kept. 35. Annual financial statements . (1) The secretary shall cause to be prepared and laid before the Authority before the 30th December in each year annual statements of account and other financial and relevant information in respect of the financial year then concluded. (2) Every statement of account referred to in subsection (1) shall be signed by the chairman and secretary and sealed with the seal of the Authority. (3) Until the annual financial statements have been audited pursuant to section 36 (1) and reported in accordance with section 36 (3) no such statement shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person acting in aid of him or a member or officer of the Authority. 36. Audit of accounts . (1) The accounts of the Authority shall be audited by the Auditor-General or by an authorized officer or agent directed by him, each of whom shall have, with respect to such audit and accounts all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. The fee payable by the Authority in respect of the audit shall be fixed by the Auditor-General. (2) The Auditor-General shall certify whether the statements of account prepared on behalf of the Authority- (a) are, where applicable, prepared in the form required by this Act; (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period. (3) The Auditor-General shall, at least once in each year, report to the Minister the result of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister with respect to the financial statements and the manner of operating and maintaining the accounts in question.

Queensland Grain Handling Act 1983, No. 41 493 A copy of such report and recommendations (if any) shall be furnished to the chairman. The Minister and the chairman shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection. (4) The report of the Auditor-General shall be submitted to the members at the first ordinary meeting of the Authority held after the report becomes available to the chairman. PART IV-CHARGES FOR THE STORAGE AND HANDLING OF GRAIN 37. Authority may contract . (1) The Authority may enter into a contract with a marketing body or merchant providing for the storage and handling by it of grain. (2) A contract referred to in subsection (1) shall contain details of the charges which are payable by the marketing body or merchant with respect to such storage and handling and may contain provisions which relate to the varying of such charges by the Authority. 38. Terms of contract may differ . The terms of a contract entered into by the Authority with a marketing body or merchant may differ from those entered into by it with any other marketing body or merchant. 39. Terms of contract confidential . (1) Subject to subsection (2) the Authority shall not make available a contract referred to in section 37 (1) or a copy or any particulars thereof to a person who is not a party to the contract without the written permission of each marketing body or merchant who is a party thereto. (2) The Authority shall, upon receiving the written request of the Minister or the Auditor-General so to do, make available to the Minister or a person acting in aid of him or, as the case may be, the Auditor-General or a person acting in aid of him, a copy of a contract referred to in section 37 (1) or the particulars thereof. PART V-ACQUISITION OF PROPERTY ETC. 40. Notification of property to be acquired or liabilities to be assumed. Upon the Authority and the State Wheat Board agreeing with respect to-- (a) the property of the State Wheat Board to be acquired by the Authority for the purpose of the Authority exercising any of its powers or performing any of its functions; or (b) the liabilities and obligations of the State Wheat Board to be assumed by the Authority for a like purpose, the Authority and the State Wheat Board shall furnish to the Minister a joint notification wherein shall be particularized, in detail sufficient to enable its identification, such property or, as the case may be, such liabilities and obligations.

494 Queensland Grain Handling Act 1983, No. 41 41. Vesting of property and assumption of liabilities . (1) The Governor in Council may by Order in Council declare a date on and from which- (a) the property therein particularized shall be divested from the State Wheat Board and shall vest in the Authority; or, as the case may be, (b) the liabilities or obligations therein particularized shall be assumed by the Authority and shall cease to be liabilities or obligations of the State Wheat Board. A date declared pursuant to this subsection may be before the date of the making of the Order in Council. (2) Upon the date declared by an Order made pursuant to subsection (1)- (a) the estate, right, title and interest in and to the property therein particularized shall by force of the Order be divested from the State Wheat Board and be vested in the Authority; (b) the Authority shall by force of the Order be liable in respect of each of the liabilities and obligations therein particularized and the State Wheat Board shall by force of the Order cease to be liable in respect thereof and, where the case requires it, the Authority and the State Wheat Board shall be deemed to have been so liable or, as the case may be, not to have been so liable on and from the date so declared. (3) Subject to the express provisions of the Order made in relation to a transfer of property or of a liability or obligation from the State Wheat Board to the Authority pursuant to this section, such a transfer shall not prejudice the making or enforcement, by the State Wheat Board against any person or by any person against the State Wheat Board, of any claim liquidated or unliquidated that arose or was made before the date declared by the Governor in Council for such transfer to take effect. (4) Where property (being a chose in action ) or a liability or obligation transferred from the State Wheat Board to the Authority pursuant to this section arises by reason of a contract or agreement made between the State Wheat Board and any person, then for the purpose of enforcing by or against the Authority such chose in action or liability or obligation it shall be deemed that such contract or agreement was made between the Authority and that person. 42. State Wheat Board to aid Authority in securing property. (1) Where the State Wheat Board is divested of property pursuant to section 41 then upon the request of the Authority it- (a) shall surrender to the Authority or its agent such documents of title and documents evidencing ownership of the property as are in its possession or under its control; (b) shall duly complete all transfers of right, title or interest and other documents that are required by the Authority with a

Queensland Grain Handling Act 1983, No. 41 495 view to its being recorded in any registry as proprietor, lessee or owner of the property; (c) shall do all such acts and take all such steps as are required by the Authority with a view to securing the property to the Authority. (2) Where property vested in the Authority pursuant to section 41 consists of a chose in action the publication in the Gazette of the relevant Order in Council shall be sufficient notice to all persons of the passing of the property. 43. Apportionment of liability . Where for the purposes of this Part it becomes necessary to apportion between the State Wheat Board and the Authority any liability or obligation of the State Wheat Board such apportionment may be made and shall be sought by way of agreement between the State Wheat Board and the Authority but should such agreement not be attained the Governor in Council may declare the apportionment of that liability considered by him to be just and thereupon- (a) the portion of that liability or obligation to be assumed by the Authority shall be the portion so declared; and (b) if the case requires it, it shall be deemed that the notification furnished pursuant to section 40 particularizes such portion as the liability or obligation to be assumed by the Authority. 44. Persons employed by State Wheat Board at commencement of this Act . (1) All persons who immediately prior to the commencement of this Act are employed by the State Wheat Board shall on and from that commencement by virtue of this section be employed by the Authority and cease to be employed by the State Wheat Board. (2) A person employed by the Authority by virtue of this section shall perform such duties as are determined by the Authority. (3) A person employed by the Authority by virtue of this section shall, while he continues to be employed by the Authority in any capacity, be paid by the Authority at a rate that is not less than that at which he was being paid by the State Wheat Board immediately prior to the commencement of this Act: Provided that where such a person requests the Authority to employ him in a position the rate of pay for which is less than the rate to which he is otherwise entitled and the Authority employs him in that position he shall be paid at the rate that is appropriate to that position. 45. Rights preserved . A person employed by the Authority pursuant to section 44 shall for so long as he continues to be employed by the Authority retain and may claim against the Authority in respect of all entitlements as respects leave that have accrued to him as an employee of the State Wheat Board immediately prior to the commencement of this Act and for this purpose his service as such an employee shall be deemed to be continuous service as an employee of the Authority.

496 Queensland Grain Handling Act 1983, No. 41 46. Transfer of Provident Fund. (1) The trustees of the fund established and maintained by the State Wheat Board under the name " Queensland State Wheat Board Staff Provident Fund " (hereinafter in this section referred to as " the Provident Fund ") shall, on being called upon so to do by the trustees of the fund established by the Authority pursuant to section 27 (hereinafter in this section referred to as " the Superannuation Fund ") transfer the whole of the assets of the Provident Fund to the trustees of the Superannuation Fund whereupon those assets shall form part of the Superannuation Fund. (2) Upon the assets of the Provident Fund being transferred to the trustees of the Superannuation Fund pursuant to subsection (1)- (a) each person who was immediately prior to that transfer a member of the Provident Fund shall be a member of the Superannuation Fund; (b) the amount standing to the credit of each member of the Provident Fund immediately prior to that transfer shall be taken for all purposes to be an amount standing to his credit in the Superannuation Fund; (c) all liabilities properly attributable to the assets of the Provident Fund immediately prior to that transfer shall be liabilities attributable to the assets of the Superannuation Fund; (d) the trustees of the Provident Fund shall go out of office and the Provident Fund shall be discontinued. (3) The trustees of the Superannuation Fund shall be those persons appointed as such in the trust deed that relates to the scheme established pursuant to section 27. PART VI-TOLL 47. Marketing body to pay toll. (1) Subject to this Part a marketing body shall pay to the Authority a toll in respect to all grain delivered by or on behalf of the marketing body to any storage and handling facilities owned or operated by the Authority. (2) A toll that is payable under this Part by a marketing body is in addition to any charge that is payable by it to the Authority pursuant to a contract referred to in section 37. (3) The amount of any toll that is payable under this Part shall be a debt due and owing by the marketing body concerned to the Authority and. may be recovered by the Authority upon the expiration of 90 days from the date on which it became so payable by action in a court of competent jurisdiction. 48. Toll to be fixed by Authority . (1) The Authority shall, with the approval of the Governor in Council, from time to time fix the toll to be paid under this Part in respect of each grain. (2) The Governor in Council may approve or reject a toll submitted to him or may approve of the toll subject to such variations as he thinks fit.

Queensland Grain Handling Act 1983, No. 41 497 (3) Where a toll is approved by the Governor in Council subject to variations it shall be deemed that the toll as so varied is the toll fixed by the Authority. (4) An Order in Council made under this section shall contain details of each toll and shall specify the grain to which it relates. 49. Authority may refund toll. The Authority may at any time and from time to time pay to a marketing body a refund of the whole of any toll paid by that marketing body to the Authority during such period as is specified by the Authority. 50. Merchant to pay amount equivalent to toll . (1) Where grain is delivered by or on behalf of a merchant to any storage and handling facilities owned or operated by the Authority the merchant shall pay to the Authority an amount equal to the toll that would have been payable in respect of that grain had it been so delivered by a marketing body. (2) An amount payable to the Authority by a merchant under subsection (1) is in addition to any charge that is payable by him to the Authority pursuant to a contract referred to in section 37. 51. Petition and poll. (1) If within 30 days after the publication in the Gazette of an Order in Council referred to in section 48 or such longer period as is determined by the Minister, the Minister receives a petition signed by not less than 200 persons who are members of The Queensland Graingrowers' Association requesting that a poll be held to determine whether the toll specified in that Order in Council should be imposed then the Minister shall cause such a poll to be held. (2) A poll referred to in subsection (1) shall be conducted in the prescribed manner by the person occupying the position of Returning Officer in the Department of Primary Industries (hereinafter in this section called " the Returning Officer "). (3) The Returning Officer shall cause a ballot paper to be sent to each person who, at the material time, is a member of The Queensland Graingrowers' Association and each such person shall be entitled to cast a vote in regard to the question as to whether or not the toll should be imposed. (4) There shall be stated on the ballot paper the date by which the ballot paper must be correctly completed and returned to the Returning Officer. (5) A vote shall be taken not to be a valid vote unless the ballot paper is correctly completed and returned to the Returning Officer by the date referred to in subsection (4). (6) The Returning Officer shall cause all valid votes to be counted and shall record the number of such votes for and against the imposition of the toll. (7) A simple majority of valid votes cast shall determine the question.

498 Queensland Grain Handling Act 1983, No. 41 (8) The Minister shall cause the result of the poll to be published in the Gazette. 52. When toll not payable . A toll fixed by the Authority under section 48 is not payable- (a) during the period of 30 days referred to in subsection (1) of section 51 or where a longer period is determined by the Minister under that subsection-during that period; (b) where a poll is required to be held under section 51 (1)-until the poll is held and the result thereof is published in the Gazette pursuant to section 51 (8); (c) where the majority of valid votes cast at a poll conducted under section 51 is against the imposition of the toll. 53. When toll payable. A toll fixed by the Authority under section 48 is payable- (a) where a poll is not required to be held under section 51 (1)-on the expiration of the period of 30 days referred to in subsection (1) of section 51 or where a longer period is determined by the Minister under that subsection, on the expiration of that period; (b) where a poll is required to be held under section 51 (1) and the majority of valid votes cast at the poll is in favour of the imposition of the toll-upon the publication under section 51 (8) of the result of the poll in the Gazette: Provided that where a toll becomes payable under the preceding provisions of this section the Authority may by notification in the Gazette apply the toll retrospectively as from the day on which the Order in Council referred to in section 48 was published in the Gazette and where the Authority does so apply the toll it is payable on the date of the publication of that notification. I- PART V I GENERAL 54. By - laws of Authority . (1) The Authority, with the approval of the Governor in Council, may make by-laws- (a) relating to the conduct of meetings of the Authority; (b) relating to the delivery to it and the receipt by it of grain; (c) relating to the inspection of grain by an inspector at storage or handling facilities owned or operated by the Authority or any other person at any port or harbour; (d) to regulate the operation and use of storage and handling facilities owned or operated by the Authority; (e) to provide for a penalty (up to a maximum of $400) for a contravention of or failure to comply with a provision of the by-laws;

Queensland Grain Handling Act 1983, No. 41 499 (f) to provide for such matters as, in the opinion of the Authority, are necessary or desirable for the proper and efficient exercise and performance of its powers and functions. (2) The by-laws may vary having regard to the storage and handling facilities to which they relate. (3) The Governor in Council may approve or reject a by-law of the Authority submitted to him or may approve of the by-law subject to such amendments as he thinks fit having regard to the objects of the by-law. (4) Where a by-law is approved by the Governor in Council subject to amendments it shall be deemed that the by-law as so amended is the by-law made by the Authority. 55. Publication and operation of by-laws . Every by-law of the Authority that is approved by the Governor in Council- (a) shall be published in the Gazette and thereupon its due making and the matters contained therein shall be judicially noticed; (b) shall take effect on and from a date appointed therein for the purpose (which date shall be a date after the by-law's publication in the Gazette) or, where a date is not so appointed, on and from the date of its publication in the Gazette; (c) shall, upon its taking effect, have the force of law. 56. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act to provide for all matters that he considers to be necessary or desirable for the proper administration of this Act or to achieve the objects and purposes of this Act. (2) Without limiting the generality of subsection (1) the Governor in Council may by regulation prescribe- (a) the form in which the annual statements of account prepared on behalf of the Authority are to be prepared; (b) the books, accounts and records to be kept for the purposes of this Act, the manner of their keeping and the persons who are to keep the same; (c) returns to be furnished for the purposes of this Act, the manner in which they are to be compiled and the persons by whom and the times within which such returns are to be furnished to the Authority; (d) with respect to the delegation by the Authority of all or any of its powers or functions under this Act and the persons to whom such a delegation may be made; (e) forms to be used for the purposes of this Act and the purposes for which they are to be used; (f) penalties (up to a maximum of $400) for a contravention of or failure to comply with a provision of the regulations; (g) the manner in which and the time within which persons are to be elected or nominated to be members of the Authority; (h) all matters required or permitted by this Act to be prescribed where the manner of prescription is not otherwise specified.

500 Queensland Grain Handling Act 1983, No. 41 (3) Regulations may be made to apply generally throughout the State or within any part or parts of the State. (4) The power to make regulations under this Act shall include power to make different regulations for or with respect to different grains or varieties thereof and different parts of the State. 57. Proceedings for offence . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act and, save where some other penalty is expressly provided, is liable to a penalty of $100. (2) Proceedings in respect of an offence against this Act shall be taken summarily under the Justices Act1886-1980 on the complaint of the Authority or of a person authorized in that behalf (generally or in a particular case) by the Authority. (3) It shall not be necessary to prove the authority of a complainant to take proceedings in respect of an offence. 58. Annual report. (1) Once in each year the Authority shall furnish to the Minister a report on its operations during the year last preceding. The report shall include such statements of account and other financial and relevant information as may be prescribed together with the certificate of the Auditor-General under section 36 (2). (2) The Minister shall lay the report of the Authority before the Legislative Assembly within 14 sitting days of his receipt thereof. (3) The Authority shall arrange for- (a) sufficient copies of the report to be sent to each marketing body that has delivered grain to the Authority during the period to which the report relates to enable that marketing body to send a copy thereof to each grower on whose behalf it has marketed grain during that period; (b) a copy of the report to be sent to each merchant who has delivered grain to the Authority during the period to which the report relates.