Queensland Grain Handling Act Amendment Act 1986 (Qld)

133 N ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1986 An Act to amend the QueenslandGrain HandlingAct 1983 in certain particulars [ASSENTED TO 26TH MARCH, 1986] 6

134 Queensland Grain Handling Act Amendment Act 1986, No. 12 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:- 1. Short title. (1) This Act may be cited as the Queensland Grain Handling Act Amendment Act 1986. 2. Commencement. (1) Section I and this section 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. Citation . (1) In this Act the Queensland Grain Handling Act1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Queensland Grain Handling Act 1983-1986. 4. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition "chairman" the following definition:- -commodity" means anything, other than grain, declared by Order in Council to be a commodity for the purposes of this Act;"; (b) inserting after the definition "oilseed" the following definition:- " "person" includes any body of persons, corporate or unincorporate;". 5. Amendment of s. 5 . Constitution of Authority. Section 5 of the Principal Act is amended by omitting from subsection (2) all words from and including the words "suing and being sued" to the end of the subsection and substituting the following expression and words:- (a) suing and being sued; (b) in respect of real property or personal property of any description- (i) taking, acquiring (by way of grant, purchase or gift) or holding any such property; (ii) acquiring an interest in any such property by way of lease, mortgage, licence or otherwise and holding any such interest; (iii) dealing with or disposing of any such property; (iv) disposing of an interest in any such property by way of lease , mortgage, licence or otherwise; and

Queensland Grain Handling Act Amendment Act 1986, No. 12 135 (c) doing and suffering all other acts and things that bodies corporate may in law do and suffer.". 6. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- "8A. (1) Chairman of State Wheat Board may attend meetings of Authority . Upon the commencement of section 6 of the Queensland Grain Handling.4ct Amendment Act 1986, the person who for the time being holds office as Chairman of the State Wheat Board- (a) shall be entitled to attend any meeting of the Authority and shall be given a reasonable opportunity to be heard in respect of any business of the Authority; (b) shall be notified of every meeting or adjourned meeting of the Authority as if he were a member thereof; (c) shall not be entitled to vote in respect of any business of the Authority and shall not be taken into account for the purpose of determining whether a quorum of the Authority is present; (d) shall, in respect of his attendance at a meeting of the Authority, be entitled to the same remuneration and expenses as a member of the Authority. (2) Nothing in subsection (1) shall be construed as preventing the person who for the time being holds office as Chairman of the State Wheat Board from being appointed as a member of the Authority.". 7. New s. 21A. The Principal Act is amended by inserting after the heading "Division 3-Powers and Functions" the following section:- "21A. Functions of Authority. The functions of the Authority are- (a) to receive grain or commodities: (b) to store and handle grain or commodities; (c) to act as a storage and handling agent- (i) for any marketing body, grower or merchant in respect of grain; (ii) for any person in respect of commodities.". 8. Amendment of s. 22 . Powers of Authority. Section 22 of the Principal Act is amended in subsection (I) by- (a) redesignating paragraphs (b), (c), (d), (e), (f). (g), (h) and (i) as paragraphs (c), (d), (e), (f), (h), (i), (j) and (k) respectively;

1 36 Queensland Grain Handling Act Amendment Act 1986, No. 12 (b) inserting after paragraph (a) the following paragraph:- "(b) receive any commodity from any person and be appointed as the storage and handling agent for any person in respect of any commodity;"; (c) inserting after paragraph (f), as redesignated, the following paragraph:- "(g) enter into contracts in respect of the storage and handling of commodities on such terms and conditions as are prescribed and, to the extent that terms and conditions are not prescribed, on such terms and conditions as it thinks fit;"; (d) inserting in paragraph (h), as redesignated, after the word "merchant", the words "or consign and ship on behalf of any person any commodity that it has in storage". 9. Amendment of s. 24 . Authority may refuse to accept delivery. Section 24 of the Principal Act is amended by adding at the end of the section the following subsection:- "(3) The Authority shall not accept the delivery of grain where acceptance would result in a contravention of or failure to comply with any provision of the Primary Producers'Organisation and Marketing Act 19261985.". 10. New s . 30A. The Principal Act is amended by inserting after section 30 the following section:- "30A. Reserves . (1) The Authority may establish and maintain reserves for such purposes as the Minister may from time to time approve. (2) The reserves shall be separate and distinct and the manner of banking thereof shall be as prescribed. (3) The Authority shall be deemed to have always had the power to establish and maintain reserves.". 11. Amendment of s. 31. Investment of funds. Section 31 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word " funds " the words "and reserves"; (b) in the general words preceding paragraph (a), inserting after the word "fund" the words "or reserve". 12. Amendment of s. 32. Power to borrow , etc. Section 32 of the Principal Act is amended in subsection (3) by omitting the words "without the approval of the Governor in Council first had and obtained" and substituting the words "unless those arrangements have first been approved by Order in Council".

Queensland Grain Handling Act Amendment Act 1986, No. 12 137 13. Amendment of s. 56 . Regulations . Section 56 of the Principal Act is amended in subsection (2) by- (a) redesignating paragraphs (c), (d), (e), (f), (g) and (h) as paragraphs (d), (e), (f), (g), (h) and (j) respectively; (b) inserting after paragraph (b) the following paragraph:- "(c) the manner in which funds or reserves are to be banked;"; (c) inserting after paragraph (h), as redesignated, the following paragraph:- "(i) the terms and conditions applicable to contracts for the storage and handling of commodities;". 14. Amendment of s. 58 . Annual report . Section 58 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) The Authority shall arrange for a copy of the report to be sent or made available to- (a) each marketing body that has delivered grain to the Authority during the period to which the report relates; (b) each grower on whose behalf a marketing body has delivered grain to the Authority during the period to which the report ' relates; (c) each merchant who has delivered grain to the Authority during the period to which the report relates.". 15. New s. 59. The Principal Act is amended by inserting after section 58 the following section:- "59. Exclusion of liability . Liability at law shall not attach to the Crown, the Minister, the Authority or any person on account of anything done in good faith and without negligence for the purposes of this Act.".