Queensland Grain Handling Act Amendment Act 1988 (Qld)

629 (iueenslanb ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No0 '3 of 19, 38 An Act to amend the Queensland Grain HandlingAct 1983- 1986 in certain particulars [ASSENTED TO 12TH MAY, 1988]

630 Queensland Grain Handling Act Amendment Act 1988, No. 53 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 . This Act may be cited as the Queensland Grain Handling Act Amendment Act 1988. 2. Citation . (1) In this Act the Queensland Grain Handling Act1983-1986 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 1983-1988. 3. Commencement . (1) Except as provided by subsection (2) the provisions of this Act shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Section 6 shall be deemed to have commenced on 1 December 1987 and the amendments thereby provided for shall be given retrospective effect accordingly. 4. Amendment of s. 8 . Appointment of members etc. Section 8 of the Principal Act is amended by inserting after subsection (4) the following subsections:- "(5) The Minister shall, on the recommendation of the Authority, appoint a member of the Authority other than the chairman to be the deputy chairman of the Authority. (6) The deputy chairman shall act in the office of chairman during such times as the chairman is prevented by absence, illness or otherwise from performing the duties of that office and during such time as a vacancy exists in that office, and while he so acts, shall have and may exercise all the powers and authorities of the chairman.". 5. Amendment of s. 15 . Presiding at meetings . Section 15 of the Principal Act is amended by- (a) inserting after the word "chairman" where it first occurs the words ", or in his absence the deputy chairman,"; (b) omitting the words "his absence" and substituting the words "the absence of both". 6. Amendment of s. 22. Powers of Authority. Section 22 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (a) inserting after the word "body" where it occurs three times the words ", grower" in each case; (ii) in paragraph (d) inserting after the word "within" the words "or outside";

Queensland Grain Handling Act Amendment Act 1988,, 631 No. 53 (iii) in paragraph (f) inserting after the word "grain" the words "with any marketing body, grower or merchant on such terms and conditions as it thinks fit"; (iv) in paragraph (h) inserting after the word "body" the words ", grower"; (v) in paragraph (i) inserting after the word "body" the words ", grower"; (b) inserting after subsection (3) the following subsections:- "(4) Where the Authority has received grain or commodity into its storage and handling facilities from a grower or person under a contract made pursuant to paragraph (f) or (g) of subsection (1), the Authority may make an advance by way of loan to that grower or person. (5) The amount of the advance, the period for which it is advanced, the rate of interest thereon and the terms and conditions relating to the repayment of the advance and the payment of interest thereon shall be as agreed between the Authority and the grower or person to whom the advance is made. (6) Subject to subsection (7), on the making of an advance pursuant to subsection (4) the Authority shall have a lien in priority to all other liens, mortgages, charges or encumbrances over a quantity of grain or commodity held by it equal to the quantity of grain or commodity received by it from that grower or person under a contract pursuant to paragraph (f) or (g) of subsection (1), in respect of the outstanding amount of the advance, the interest thereon and any other costs, charges and expenses incurred by the Authority arising out of or incidental to the making or recovery of the advance. A lien arising pursuant to this subsection shall not be lost, extinguished or prejudiced in any way by the mixing of the grain or commodity received from the grower or person with other grain or commodity in the storage facilities of the Authority so as to be no longer identifiable. (7) The lien in favour of the Authority arising pursuant to subsection (6) shall not have priority over any lien, mortgage, charge or encumbrance of the existence of which notice in writing in a form approved by the Authority has been received by the Authority prior to its making the advance.". 7. New s. 22A. The Principal Act is amended by inserting after section 22 the following section:- "22A. Authority may provide services and engage in business. The Authority may use any of its facilities, resources or property which are not at the time required to be used exclusively for the storage and handling of grain or commodities pursuant to this Act to- (a) provide services other than marketing services in respect of grain or commodities to any person and

632 Queensland Grain Handling Act Amendment Act 1988, No. 53 charge fees therefor which fees shall not be less than the cost to the Authority of providing such services; (b) with the prior written approval of the Minister, engage in business undertakings other than the business of marketing grain or commodities.". 8. Amendment of s. 30A. Reserves . Section 30A of the Principal Act is amended by- (a) omitting subsection (2); (b) renumbering subsection (3) as subsection (2). 9. Amendment of s. 37. Authority may contract . Section 37 of the Principal Act is amended by- (a) in subsection (1) inserting after the word "body" the words ", grower"; (b) in subsection (2) inserting after the word "body" the words ", grower". 10. Amendment of s. 38 . Terms of contract may differ. Section 38 of the Principal Act is amended by inserting after the word "body" where it twice occurs the words ", grower" in each case. 11. Amendment of s. 39. Terms of contract confidential . Section 39 of the Principal Act is amended by, in subsection (1), inserting after the word "body" the words ", grower". 12. New s. 60. The Principal Act is amended by inserting after section 59 the following section:- "60. Review of Act. (1) The Minister shall carry out a review of the operation of this Act- (a) not later than 10 years after the commencement of the Queensland Grain Handling Act Amendment Act 1988; and (b) thereafter at intervals of not more than 10 years following the year in which the preceding review is completed. (2) In carrying out the review under subsection (1) the Minister shall consider and have regard to- (a) the effectiveness of the operations of this Act and of the Authority; (b) the need for the continuation of the Authority; (c) such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

Queensland Grain Handling Act Amendment Act 1988, No. 53 633 (3) The Minister shall prepare a report based on his review of this Act and shall lay the report before the Legislative Assembly within 14 sitting days after the report is prepared.". 21