Regulation of Sugar Cane Prices Act Amendment Act 1986 (Qld)

760 (1 ueenstanb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1986 An Act to amend the Regulation of Sugar Cane Prices Act 1962-1981 in certain particulars and to provide with respect to property vested in or under the control of The Treasurer of Queensland for the purposes of the sugar industry [ASSENTED TO 25TH SEPTEMBER, 1986]

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 761 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 Regulation of Sugar Cane Prices Act Amendment Act 1986. 2. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY ( ss. 1-2); PART II-AMENDMENT OF REGULATION OF SUGAR CANE PRICES ACT (ss. 3-19); PART III-PROPERTY VESTED IN OR UNDER THE CONTROL OF THE TREASURER OF QUEENSLAND (ss. 20-26). PART II-AMENDMENT OF REGULATION OF SUGAR CANE PRICES ACT 3. Citation . (1) In this Part the Regulation of Sugar Cane Prices Act 1962-1981 is referred tQ as the Principal Act. (2) The Principal Act as amended by this Part may be referred to as the Regulation of Sugar Cane Prices Act 1962-1986: 4. New s. 16A. The Principal Act is amended by inserting after section 16 the following section:- "16A. Conduct of business of Local Board . (1) Subject to the approval of the Central Board first had and obtained, a Local Board may appoint and employ such number of persons as are necessary for the proper discharge of the board's functions under this Act. (2) Subject to any applicable industrial award or industrial agreement persons employed under subsection (1) pursuant to a contract of service shall be employed on s'ich conditions as are for the time being approved by the Governor in Council. (3) The Central Board may from time to time issue administrative guidelines to Local Boards for the regulation of the conduct of Local Boards' affairs and every Local Board to which such guidelines are issued shall comply therewith. Guidelines issued under this subsection shall not be construed to over-ride any regulation made with respect to the conduct of business of Local Boards and where any such guideline is inconsistent with any such regulation the latter shall prevail and the former shall, to the extent of the inconsistency, be inoperative.". 5. Amendjment of s. 22. Quorum , etc., of Central Board . Section 22 of the Principal Act is amended in subsection (1) by omitting from

762 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 paragraph (c) of the proviso the words " sections thirty-seven to thirty- nine, both inclusive," and substituting the words " section 38". 6. Amendment of s. 26 . Powers etc . of Central Board in matters submitted by Minister . Section 26 of the Principal Act is amended by omitting the words " arising under this Act". 7. Repeal of and new s. 32 . Assignments . The Principal Act is amended by repealing section 32 and substituting the following section:- "32. Assignments . (1) Except in a case to which subsection (2) applies, the Central Board has jurisdiction to assign lands to a mill. (2) Where an assignment has been disposed of, wholly or partially, independently of the land to which it relates, the Local Board constituted with respect to the mill concerned with that assignment has jurisdiction to assign lands to the mill to give effect to the transaction that effected the disposal. (3) In the exercise of its jurisdiction conferred by subsection (1) or (2) the Central Board or a Local Board, as the case may be, may- (a) cancel any assignment; (b) from time to time vary an assignment by adding further lands thereto or removing lands therefrom; (c) at the time an assignment or variation of an assignment is made, declare that the assignment or variation shall continue for such period and on such conditions as the Central Board or, as the case may be, the Local Board thinks fit. (4) The Central Board may at any time and from time to time declare that an assignment or variation of an assignment, whether made by that board or a Local Board, shall continue for such period and on such conditions as the Central Board thinks fit. (5) Where a declaration has been made under subsection (3) or (4) the assignment or variation to which it relates shall continue for the period and subject to the conditions so declared. (6) The Central Board may "from time to time cause to be published in the Gazette a description of lands assigned to a mill.". 8. New ss. 32A and 32B. The Principal Act is amended by inserting after section 32 the following sections:- "32A. Seasonal permit to use unassigned land. (1 ) In respect of a particular season the holder of land assigned to a mill may make application to the Local Board constituted with respect to the mill for a permit authorizing him to use land other than land to which his assignment relates for growing sugar-cane to honour his obligations as holder of land to which the assignment relates.

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 763 (2) An application under subsection (1)- (a) shall not seek a permit in respect of an area that exceeds 15 per centum of the area of land to which the assignment relates; and (b) shall include or be accompanied by a plan on which shall be clearly delineated the land that the applicant proposes to use in the season in respect of which the application is made for growing sugar-cane to honour his obligations as holder of land to which the assignment relates together with a specification of the areas of assigned land and other land that is to be so used. (3) Upon an application made to it under subsection (1) that satisfies the requirements of subsection (2) a Local Board, if it is satisfied that- (a) the land which would constitute the enlargement sought is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices; and (b) the land is situated in a location from which sugar- cane may be efficiently delivered to the mill with respect to which the board is constituted, shall grant the application and cause to be issued to the applicant a permit to use the unassigned land identified therein for the growing of sugar-cane in accordance with this Act for the season in respect of which the application was made. For the purpose of an application made to it under subsection (1) a Local Board may receive evidence or information from such sources as it thinks appropriate and may hear such persons as it considers to be parties having a sufficient interest in the matter of the application. (4) A permit issued under this section shall be of no force or effect unless a copy of the permit or notification of its issue is lodged with the Secretary of the Central Board at least 21 days before the date on which the chairman of the Local Board concerned with the permit signs the award of the Local Board made for the season in respect of which the permit was applied for. 32B. Effect of s. 32A permit. (1) Upon a permit issued under section 32A taking effect in respect of a particular season- (a) the holder of the permit may for the season to which the permit relates use the unassigned land identified therein for the growing of sugar-cane to honour the obligations had by him as a holder of an assignment as if the unassigned land were land to which relates

764 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 the assignment held by him and by reason whereof he applied for the permit; (b) sugar-cane grown on the unassigned land for that season shall, for all purposes, be deemed to have been grown on land to which that assignment relates. (2) In no case shall the issue of a permit under section 32A be construed to increase the area of land to which an assignment relates.". 9. Repeal of and new s. 36. Central Board to construe plans of assignments . The Principal Act is amended by repealing section 36 and substituting the following section:- "36. Local Board may construe and interpret plans of assignments in dispute . (1) Where a dispute has arisen between- an owner of a mill and a cane-grower who holds land assigned to that mill; or cane-growers who hold land assigned to a particular mill, concerning the proper construction or interpretation to be given to a plan of assignment of land to the mill, whether or not the plan has been certified or amended by the Central Board under section 35, the Local Board constituted with respect to the mill shall have jurisdiction to construe and interpret the plan of assignment for the purpose of resolving the dispute and its decision thereon shall be final and binding on all persons concerned. (2) A Local Board may exercise its jurisdiction conferred by subsection (1) of its own motion or upon reference of the dispute to it by any party to the dispute. (3) The jurisdiction conferred on a Local Board by subsection (1) is exclusive jurisdiction except where the proper construction and interpretation of a plan of assignment arises in connexion with a matter duly before the Central Board, in which case the Central Board shall have jurisdiction to construe and interpret the plan of assignment and its decision shall be binding on all persons concerned.". 10. Repeal of s. 37 and new ss. 37-37c. The Principal Act is amended by repealing section 37 and substituting the following sections:- "37. Assignment is incorporeal property. (1) An assignment, whether made before or after the passing of the Regulation of Sugar Cane Prices Act Amendment Act 1986, of land to a mill constitutes, for as long as it continues, and shall be deemed to have always constituted incorporeal property of which the person or persons for the time being entitled in law to use the assigned land for the purposes of the assignment is the holder or are the joint holders.

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 765 In this Act that incorporeal property is called an assignment. (2) An assignment defined in subsection (1)- (a) can and always could be disposed of, wholly or partially by the holder or holders thereof, by way of sale, lease , sub-lease, letting, transfer or otherwise; (b) if disposed of after the passing of the Regulation of Sugar Cane Prices Act Amendment Act 1986, shall be disposed of in accordance with this Act; (c) to the extent that it has not been severed (by disposal) from the land by reason of the assignment whereof to a mill it became an item of incorporeal property, shall be co-extensive with the estate or interest held by the holder or holders of the land to which it relates; (d) to the extent that it has been severed (by disposal) from the land by reason of the assignment whereof to a mill it became an item of incorporeal property it shall be of a duration and shall relate to an area of land agreed between the disponor and disponee, not exceeding the duration of the assignment or the area of land to which it related when held by the disponor. 37A. Disposal of assignments . (1) An assignment may be disposed of wholly or partially- (a) by disposal of the whole or a part of the land to which it relates; or (b) as an item of property independently of land to which it relates. (2) In respect of a disposal of an assignment or part thereof by way of a disposal of land to which the assignment relates there shall be lodged with the Secretary of the Central Board a notification in writing signed by all parties to the disposal that specifies- (a) the name and usual place of residence of each party to the disposal; (h) the date on which the disposal takes effect; (c) the name of the mill concerned with the assignment affected by the disposal; (d) the real property description and area of the land to which the assignment relates and, in the case of a partial disposal, of the land disposed of, and (e) whether a farm peak or part of a farm peak is being disposed of to the same disponee and the quantum (if any) so disposed of.

766 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 (3) A transaction that purports to dispose of an assignment or part of an assignment as an item of property independently of land to which the assignment relates is of no force or effect unless- (a) the provisions of subsection (4) or (5), whichever is appropriate to the case, are complied with; and (b) upon the transaction taking effect; (i) the assignment or part thereof disposed of, as the case may be, will relate to land in the same mill area as the land to which it related immediately before the transaction took effect; and (ii) the disponee has an estate or interest in the land first-mentioned in this paragraph (b). (4) In the case of a transaction referred to in subsection (3), where upon the transaction taking effect the disponor will have no estate or interest in the land to which the assignment or part thereof disposed of will relate- (a) the transaction shall be evidenced by a memorandum in writing signed by all parties to the transaction that specifies- (i) the name and usual place of residence of each party to the transaction; (ii) the date on which the transaction was entered into; (iii) the name of the mill concerned with the assignment to which the transaction relates; (iv) the real property description of each parcel of land that will be affected by the transaction upon its taking effect; (v) the area of land to which the assignment relates and, in the case of a transaction providing for a partial disposal, the area of land that will be affected by the disposal; (vi) whether a farm peak or part of a farm peak is to be disposed of in the transaction and the quantum (if any) to be so disposed of; and (b) the memorandum referred to in paragraph (a)- (i) shall be endorsed with a certificate of the Local Board constituted with respect to the mill concerned with the assignment to which the memorandum relates, signed by all or a majority of the board's members and dated, to the effect that the land to

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 .767 which the assignment or part thereof to be disposed of will relate (upon the transaction taking effect)- is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices; and is situated in a location from which sugar-cane may be efficiently delivered to that mill; (ii) shall be endorsed with the consent of every mortgagee (if any) and every lessor or sub-lessor (if any) of the land that will be affected by loss of assignment when the transaction takes effect; and (iii) shall be lodged with the Secretary of the Central Board. (5) In the case of a transaction referred to in subsection (3), where upon the transaction taking effect the disponor, or one or more of the disponors (where more than one), will have an estate or interest in the land to which the assignment or part thereof disposed of will relate- (a) the transaction shall be evidenced by a memorandum in writing, signed by the holder of the assignment, that specifies- (i) - the name and usual place of residence of the holder; (ii) the name of the mill concerned with the assignment to which the transaction relates; (iii) the real property description of each parcel of land that will be affected by the transaction upon its taking effect; (iv) the area of land to which the assignment relates and, in the case of a transaction providing for a partial disposal, the area of land that will be affected by the disposal; and (v) whether a farm peak or part of a farm peak is to be disposed of in the transaction and the quantum (if any) to be so disposed of, and (b) the memorandum referred to in paragraph (a)- (i) shall be endorsed with a certificate of the Local Board constituted with respect to the mill concerned with the assignment to which the memorandum relates, signed by all or a majority of the board's members and dated, to the effect that the land to which the assignment or part thereof to be disposed of will relate (upon the transaction taking effect) is capable of producing commercial crops of sugar- cane when subjected to correct agricultural practices

768 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 and is situated in a location from which sugar- cane may be efficiently delivered to that mill; (ii) shall be endorsed with the consent of every mortgagee (if any) and every lessor or sub-lessor (if any) of the land that will be affected by loss of assignment when the transaction takes effect; and (iii) shall be lodged with the Secretary of the Central Board. (6) Notwithstanding the provisions of subsection (3), a transaction referred to in that subsection shall be of no force or effect in any year unless it has taken effect as prescribed at least 21 days before the date on which the chairman of the Local Board concerned with the assignment to which the transaction relates signs the award of the Local Board made in that year. 37B. Consent to disposal of assignment not to be unreasonably withheld . A mortgagee, lessor or sub-lessor of land to which an assignment relates who withholds his consent to a disposal of the assignment or a part of an assignment commits an offence against this Act, unless he shows reasonable grounds for withholding his consent. 37c. Lapsing of assignment for breach of s. 37A (3). Where the holder of an assignment purports to give effect to a transaction referred to in subsection (3) of section 37A being a transaction in which the holder is a disponor and that fails to satisfy the requirements of that subsection, the Local Board constituted with respect to the mill concerned with the assignment to which the transaction relates, having regard to the circumstances in which the transaction came to so fail, may, by its resolution recorded in writing, declare that the assignment shall lapse on and from a date specified in its resolution in relation to an area of the holder's land equal to the area of land to which the assignment or part thereof to which the transaction would have related, had the transaction taken effect, and upon such a declaration the assignment shall lapse accordingly, subject to the declaration being overturned or varied on appeal to the Central Board.". 11. New ss. 37n-37F. The Principal Act is amended by inserting after section 37c the following sections:- "37n. Application for Local Board 's certificate. (1) An application for a certificate of a Local Board to comply with the provisions of section 37A (4) or (5) shall be made in writing to the chairman of the Local Board concerned and he shall cause the applicant and all other persons who appear to the board to have a sufficient interest in the matter of the application to be notified in writing of the time and place when and where the board will hear and determine the application. (2) Every person so notified shall be entitled to appear before the board and to be heard on the matter of the application at

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 769 the time and place so notified and at any time and place to which the board may from time to time adjourn the matter. 37E. Appeal from Local Board' s decisions . (1) An appeal to the Central Board- (a) may be instituted against a Local Board's decision relating to endorsement of a certificate applied for under section 37D by an applicant who is aggrieved by the decision; (b) may be instituted against a Local Board's decision relating to an application for a permit under section 32A by an applicant who is aggrieved by the decision; and (c) may be instituted against a Local Board's declaration made under section 37c relating to the lapsing of an assignment, wholly or partially, by a holder of the assignment who is aggrieved by the declaration, in any case by filing with the Secretary of the Central Board, no later than 21 days after the Local Board's decision or, as the case may be, declaration is communicated in writing to the applicant for the certificate or permit or, as the case may be, to the holder of the assignment, a notice in or to the effect of the prescribed form or in such other form as the Secretary, subject to the Chairman's direction, permits. (2) The Secretary of the Central Board shall cause to be notified in writing every person who was notified of the hearing by the Local Board of the matter from which the appeal has arisen and every other person who appears to the Chairman to have a sufficient interest in the matter of the time and place when and where the Central Board will hear and determine the appeal. (3) Every person so notified shall be entitled to appear before the Central Board and to be heard on the matter of the appeal at the time and place so notified and at any time and place to which the board may from time to time adjourn the appeal. (4) Every appeal duly instituted shall be heard and determined de novo by the Central Board who may- (a) vary the decision or declaration appealed from; (b) set aside the decision or declaration appealed from, and, if it thinks fit, remit the matter to the Local Board concerned for hearing and determination in accordance with such directions as the Central Board may give; or (c) having set aside the decision or declaration appealed from, substitute its own decision or declaration in place thereof. (5) Where the Central Board has, on an appeal, varied a decision or declaration of a Local Board or has substituted its

770 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 11 own decision or declaration for that of a Local Board the decision or declaration as so varied or substituted shall be deemed to be the Local Board's decision or declaration and shall be given effect by that board and by all other persons concerned. 37F. Assignment of land consequent upon s. 37A ( 3) disposal. Where a decision has been made or is to be deemed to have been made by a Local Board to give a certificate referred to in section 37A (4) or (5) in relation to a transaction referred to in section 37A (3)- (a) the members of the board or a majority of them shall sign the appropriate certificate required by section 37A to be endorsed on the memorandum evidencing the transaction; and (b) the board shall, as soon as is practicable after it is satisfied that the transaction has taken effect, in discharge of its powers under section 32 (2), assign to the appropriate mill the land to which the disposed of assignment or part assignment is to relate pursuant to the transaction, in order to give effect to the transaction in accordance with this Act; and cancel or vary, whichever is appropriate, the assignment of land to which the disposed of assignment or part assignment related immediately before the transaction took effect.". 12. Repeal of and new s . 38. Reversion of transferred assignment. The Principal Act is amended by repealing section 38 and substituting the following section:- "38. Reversion of assignments disposed of. (1) Where, before or after the commencement of this Act, land assigned to a mill has been leased and, where the law applicable to the lease at the time it was entered into so required, the terms and conditions of the lease have been approved in accordance with the repealed Acts or this Act, upon the termination of the lease the assignment that relates to the land so leased shall revert to the lessor or his successor in title, unless the Central Board otherwise directs. (2) Where, before or after the passing of the Regulation of Sugar Cane Prices Act Amendment Act 1986, an assignment has been disposed of, wholly or partially, as an item of property independently of land to which the assignment relates for a limited period, upon the termination of that limited period, and in the absence of any extension thereof agreed between the disponor and disponee or their successors in title, the Local Board concerned with the assignment- (a) shall cancel the assignment so far as it relates to land after the disposal;

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 771 and (b) shall assign to the mill with respect to which it is constituted the appropriate area of the land to which the assignment related before the disposal, unless the Central Board otherwise directs. (3) In a case referred to in subsection (1) or (2) where, subsequently to the date of the lease referred to in subsection (1) or to the date of disposal referred to in subsection (2) the assignment in question has been varied under the repealed Acts or under this Act, those subsections shall operate and be given effect in respect of the assignment as so varied, unless the Central Board otherwise directs. (4) In this section the term "lease " includes a sub-lease and a letting and the term "lessor" shall be construed accordingly.". 13. Repeal of ss. 39 and 40 and new section. Rescission of transfer of assignment . Misrepresentations on transfer of assignment. The Principal Act is amended by repealing sections 39 and 40 and substituting the following section:- "39. Misrepresentation an offence . A person who- (a) knowingly makes any misrepresentation; or (b) knowingly gives false information, to the Central Board or to a Local Board for the purpose of gaining any advantage or benefit commits an offence against this Act. 14. Amendment of s. 42. Central Board may recommend mill peak. Section 42 of the Principal Act is amended by inserting after subsection (2) the following subsection:- "(2A) Notwithstanding the provisions of subsection (2), the Central Board shall not grant an application made to it under subsection (1) so as to increase the total tonnage to be allotted under the Sugar Acquisition Act 1915-1984 amongst all mills unless, since the last preceding such allotment- (a) there have been secured for sugar produced in Queensland additional stable and profitable markets; or (b) there has occurred an increase in demand for sugar produced in Queensland on existing markets, being additional markets or, as the case may be, an increase in demand sufficient to justify an increase in the total tonnage.". 15. Amendment of s. 45. Exemption from obligation of milling, etc. Section 45 of the Principal Act is amended by omitting the words "thirtieth day of September" and substituting the words "last day of December".

772 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 16. New ss . 61A-61c. The Principal Act is amended by inserting after section 61 the following sections:- 1161A. Farm peak is incorporeal property. (1) A farm peak, whether determined or specified under this Act before or after the passing of the Regulation of Sugar Cane Prices Act Amendment Act 1986, constitutes, for as long as it continues, incorporeal property- (a) in the case of a farm peak that has not been severed (by a disposal) from the assignment in respect of which it was determined or specified under this Act, held by the holder of the assignment or held jointly by the holders, where more than one, of the assignment; or (b) in the case of a farm peak that has been severed, wholly or partially (by disposal) from the assignment in respect of which it was determined or specified under this Act, held by the holder of the farm peak or, as the case may be, the severed part of the farm peak or held jointly by the holders, where more than one, of the farm peak or, as the case may be, the severed part of the farm peak. In this Act that incorporeal property is called a farm peak. (2) A farm peak can be disposed of, wholly or partially, by the holder or holders thereof, by way of sale, lease , sub-lease, letting, transfer or otherwise in accordance with this Act. 61B. Disposal of farm peaks . (1) A farm peak may be disposed of wholly or partially- (a) by disposal of the whole or a part of the assignment in respect of which it exists; or (b) as an item of property independently of any assignment. (2) A transaction that purports to dispose of a farm peak or part of a farm peak as an item of property independently of any assignment is of no force or effect unless- (a) the disponee is a holder of an assignment that relates to land in the same mill area as the land to which relates (or related) the assignment in respect of which the farm peak to which the transaction relates was determined or specified under this Act;

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 773 and (b) the provisions of subsection (3) are complied with. (3) In the case of a transaction referred to in subsection (2)- (a) the transaction shall be evidenced by a memorandum in writing signed by all parties to the transaction that specifies- (i) the name and usual place of residence of each party to the transaction; . (ii) the date on which the transaction was entered into; (iii) the name of the mill concerned with the farm peak to which the transaction relates; (iv) the real property description of each parcel of land affected by the transaction; and (v) the quantum of farm peak to be disposed of in the transaction; and (b) the memorandum referred to in paragraph (a)- (i) shall be endorsed with the consent of every mortgagee (if any) and every lessor or sub-lessor (if any) of the lands that will be affected by loss of farm peak when the transaction takes effect; and (ii) shall be lodged with the Secretary of the Central Board. (4) Notwithstanding the provisions of subsection (2), a transaction referred to in that subsection shall be of no force or effect in any year unless it has taken effect as prescribed at least 21 days before the date on which the chairman of the Local Board concerned with the farm peak to which the transaction relates signs the award of the Local Board made in that year. 61c. Consent to disposal of farm peak not to be unreasonably withheld . A mortgagee, lessor or sub-lessor of land that would be affected by loss of farm peak upon a disposal of a farm peak or a part thereof who withholds his consent to a disposal of the farm peak or the part of the farm peak commits an offence against this Act, unless he shows reasonable grounds for withholding his consent.". 17. New ss. 61D. The Principal Act is amended by inserting after section 61c the following section:- "61D. Effect of disposal of farm peak . (1) Upon a transaction referred to in section 61B (2) taking effect, the quantum of farm peak thereby disposed of shall, for the purpose of the Local Board concerned making its award and for as long as the quantum

774 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 is held by the disponee, be deemed to be farm peak determined or specified under this Act in respect of an assignment held by the disponee that relates to land in the same mill area as the land to which relates or related the assignment in respect of which the farm peak to which the transaction relates was held by the disponor. (2) The provisions of subsection (1) shall be given effect whether or not a farm peak is determined, specified or varied, in respect of the relevant assignment held by the disponor, after the transaction in question has taken effect. (3) Where a transaction referred to in section 61B (2) has taken effect and a quantum of farm peak is thereby held by the disponee at a time when farm peak is to be determined, specified or varied under this Act in respect of- (a) an assignment held by the disponee; or (b) an assignment held by the disponor, the determination, specification or variation shall be made as if the transaction had never been entered into.". 18. Repeal of and new s . 73. Chairman of Central Board to act as mediator where desirable . The Principal Act is amended by repealing section 73 and substituting the following section:- "73. Mediation in disputes . The Chairman of the Central Board or a Local Board may act as mediator in any matter arising under this Act, whether or not the matter is within the jurisdiction of the Central Board or, as the case may be, the Local Board in all cases where- (a) mediation of the Chairman or the Local Board is sought by any person concerned in the matter; and (b) it appears to the Chairman or, as the case may be, the Local Board that his or its mediation is desirable in the public interest.". 19. Amendment of s. 99. Proceedings for offences and breaches generally . Section 99 of the Principal Act is amended in subsection (2) by omitting the words "two hundred dollars" and substituting the words "40 penalty units". PART III-PROPERTY VESTED IN OR UNDER THE CONTROL OF THE TREASURER OF QUEENSLAND 20. Meaning of terms . In this Part, except where a contrary intention appears- "the 1908 corporation sole" means the corporation sole constituted by The Sugar Works Guarantee Acts Amendment Act of 1908 under the name , style and title "The Treasurer of Queensland";

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 775 "the preserved corporation sole" means the corporation sole preserved, continued in existence and constituted by section 22 under the name, style and title "The Treasurer of Queensland". 21. Survival of 1908 corporation sole. It is declared that the repeal of- The Sugar Works Guarantee Acts Amendment Act of 1908; The Sugar Works Guarantee Act of 1893; or The Sugar Works Guarantee Act of 1893 Amendment Act of 1895, by The Acts Repeal Act of 1968 did not terminate the 1908 corporation sole. 22. Constitution of preserved corporation sole. (1) The 1908 corporation sole is hereby preserved, continued in existence and constituted under the name, style and title "The Treasurer of Queensland". (2) The preserved corporation sole shall be constituted by the Treasurer of Queensland and his successors in office. 23. Transition of rights to preserved corporation sole. (1) A right, title and interest of the 1908 corporation sole in, to or in respect of any property existing immediately before the repeal of The Sugar Works Guarantee Acts Amendment Act of 1908 shall not be held or taken to have reverted to the Crown or to have become bona vacantia by reason of that repeal but shall be held and taken to have remained in the 1908 corporation sole upon that repeal and thereafter until the passing of this Act. (2) Upon the passing of this Act every right, title and interest referred to in subsection (1) shall pass to and be held by the preserved corporation sole until it is disposed of by the preserved corporation sole according to law. (3) Every right, title and interest held by the preserved corporation sole pursuant to subsection (2) is freed and discharged from all trusts or restrictions as to the purposes to which the property in question may be lawfully applied, which may have affected the property while the right, title or interest was vested in or the property in question was under the control of the 1908 corporation sole. 24. Entries in land registers construed. The Treasurer of Queensland as constituting the preserved corporation sole may, under the authority of this section- (a) effectually do all such things as that corporation is by this Act authorized to do;

776 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 and (b) effectually execute all such instruments and effectually do all such things as are necessary or convenient to give effect to anything done by him as that corporation, in relation to property to which an entry in the registers maintained by the Registrar of Titles or the Registrar of Dealings relates notwithstanding that the reference to him in that entry is a reference to him as constituting the 1908 corporation sole. 25. Status and powers of preserved corporation sole. (1) The preserved corporation sole, by its name, style and title- (a) has perpetual succession and shall have a corporate seal; (b) may hold, surrender or dispose of- (i) freehold or leasehold estates in land and other tenures of land; (ii) other property, corporeal or incorporeal, of whatever kind; (c) may grant incorporeal rights in land or other property vested in it or under its control and may acquire similar rights for the benefit of land or other property vested in it or under its control; . and (d) may sue and be sued and do or suffer all other acts and things that bodies corporate may in law do or suffer. (2) A transaction or dealing entered into by the preserved corporation sole in relation to land held upon leasehold tenure from a person other than the Crown, being land leased to the 1908 corporation sole for use as or in connexion with a tramway, shall not be invalidated or prejudiced by reason that the consent of the lessor or his successor in title thereto was not obtained. (3) The preserved corporation sole is authorized to do all such acts and things as are necessary or convenient for the proper discharge of its functions, powers and duties assigned to it or to the 1908 corporation sole by or under any Act, passed before or after the passing of this Act, that has not been repealed. (4) The signature of the Treasurer of Queensland for the time being and the seal of the preserved corporation sole or of the 1908 corporation sole shall be judicially noticed and shall be presumed to have been duly affixed to any document or writing that purports to have been made by either of those corporations sole until the contrary is proved. 26. Validity of transactions . Where before the passing of this Act the Treasurer of Queensland, purporting to act as the 1908 corporation sole, has entered into any transaction or dealing in relation to property that was at any time vested in that corporation sole or under its control, he shall be deemed to have lawfully entered into the transaction or

Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51 777 dealing and any document or writing made in relation to the transaction or dealing shall be deemed to have been duly made by the 1908 corporation sole and to have had effect according to its tenor.