Queensland Grain Handling Act Amendment Act 1990 (Qld)

216 QUEENSLAND GRAIN HANDLING ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Commencement 3. Principal Act and citation as amended 4. Amendment of s. 4. Interpretation 5. Amendment of s. 4 . Interpretation 6. Repeal of and new s. 7. Composition of Authority Board of directors 7. Interpretation of provisions of enactment 8. Amendment of s. . 8. Appointment of members etc. 9. Amendment of s. 8. Appointment of members etc. 10. Repeal of s. 8A. Chairman of State Wheat Board may attend meetings of Authority 11. Amendment of s. 11. Vacating member's office 12. Amendment of s. 12 . Casual vacancy in appointed members office 13. Amendment of s. 16. Quorum at meetings ANNO TRICESIMO NONO ELIZA ET AE SECUNDAE REGINAE An Act to amend the Queensland Grain HandlingAct 1983- 1988 i n certain particulars and for related purposes [ASSENTED TO 25TH MAY, 1990]

Queensland Grain Handling Act Amendment Act 1990, 217 No. 13 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 1990. 2. Commencement . (1) Sections 1, 2, 3, 4, 7, 8, 10, 11 and 13 shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Sections 5, 6, 9 and 12 shall commence on 1 October 1990. 3. Principal Act and citation as amended . (1) In this Act the Queensland Grain Handling Act 1983-1988 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 1983-1990. 4. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) in the definition "grower", adding after the word "grain" the words "and, in the case of a sharefarm, includes each party to the sharefarm agreement"; (b) omitting the definition "major coarse grain". 5. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) in the definition "appointed member" omitting the expression "7 (2) (g)" and substituting the expression "7 (g)"; (b) omitting the definition "chairman" and substituting the following definition:- "chairman" means the chairman of the board of directors of the Authority;"; (c) omitting the definition "member" and substituting the following definition:- " "member" means a member of the board of directors of the Authority;". 8

218 Queensland Grain Handling Act Amendment Act 1990, No. 13 6. Repeal of and new s. 7 . Composition of Authority. The Principal Act is amended by repealing section 7 and substituting the following section:- "7. Board of directors . On and from 1 October 1990 the board of directors of the Authority shall consist of the following 10 members:- (a) a person who is either the chairman or an elected member of the State Wheat Board, nominated by that Board; (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) three persons, each of whom is a grower in Queensland, elected by growers in Queensland in the prescribed manner; (e) a person who is a grower in Queensland, nominated by the Minister after consultation with the bodies referred to in paragraphs (a), (b) and (c) and the Queensland Graingrowers' Association, who shall be the chairman of the board; (f) two persons nominated by the Minister on the basis of special qualifications or experience in grain marketing, grain handling, finance, business administration or industrial relations, of whom one shall be representative of the grain merchants and traders operating in Queensland; (g) the person who, for the time being, holds the position of Director of Marketing in the Department of Primary Industries or other department of government of the State responsible to the Minister in respect of the administration of this Act, or his nominee appointed in writing, who shall be a member ex officio.". 7. Interpretation of provisions of enactment . For the purposes of the application of the provisions of the Acts Interpretation Act 1954- 1989, the new section 7 to be substituted in the Principal Act on the commencement of section 6 of this Act, is to be construed as if it contained further provisions conferring power on the Governor in Council- (a) to prescribe by regulation the manner and the time in which persons are to be elected to be members of the Authority as described in paragraph (d) of the provisions to be so substituted; and (b) to appoint members of the Authority as described in paragraphs ( a) to (f ), both inclusive , of the provisions to be so substituted; and the provisions of section 17 of the ActsInterpretationAct 1954- 1989 are to be taken to apply to the exercise of those powers, for the

Queensland Grain Handling Act Amendment Act 1990, No. 13 219 purpose of making section 7 as so substituted fully effective upon its coming into operation. 8. Amendment of s. 8. Appointment of members etc. Section 8 of the Principal Act is amended by inserting after subsection (2) the following subsection:- "(2A) A person who is a member of the Legislative Assembly or of the Senate or the House of Representatives of the Commonwealth Parliament is not eligible to be appointed as a member of the Authority.". 9. Amendment of s. 8 . Appointment of members etc. Section 8 of the Principal Act is amended by- (a) omitting subsection (2); (b) in subsection (3), omitting the words "section 7 (2)" and substituting the words "section 7"; (c) in subsection (4), omitting the words "section 7 (2) (b), (c) or (d)" and substituting the words "section 7 (a), (b) or (c)". 10. Repeal of s. 8A. Chairman of State Wheat Board may attend meetings of Authority . The Principal Act is amended by repealing section 8A. 11. Amendment of s. 11. Vacating member's office. Section 11 of the Principal Act is amended by inserting in subsection (3) after paragraph (a) the following paragraph:- "(aa) if he is sworn in as a member of the Legislative Assembly or of the Senate or the House of Representatives of the Commonwealth Parliament;". 12. Amendment of s. 12. Casual vacancy in appointed members office. Section 12 of the Principal Act is amended by- (a) in subsection (2), omitting the word "If' and substituting the words "Subject to subsection (2A), if"; (b) inserting after subsection (2) the following subsection:- "(2A) If a casual vacancy occurs in the office of an appointed member as described in section 7 (d), including a casual vacancy in the office of a member appointed pursuant to the operation of this section, the Minister may, at his discretion- (a) nominate a person, who is a grower in Queensland, to be appointed as a member to fill the vacancy; or (b) direct that an election be held in the prescribed manner to fill that vacancy.".

220 Queensland Grain Handling Act Amendment Act 1990, No. 13 13. Amendment of s. 16 . Quorum at meetings . Section 16 of the Principal Act is amended by omitting the words "7 members" and substituting the words "a majority of the members".