Regulation of Sugar Cane Prices Act Amendment Act of 1917 (8 Geo v No. 18) (Qld)

8336 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, SINKING FUND, GOVERNMENT LOANS, TEMPORARY SUSPENSION OF. See LOANS. STATE CHILDREN. See CHILDREN. STATE PRODUCE AGENCY. SfJe AGRICULTURE. SUGAR. 8 N G o o . o 1 . 8 V . . An Act to Amend "The Regulation of Sugar Cane THE Prices Act of 1915" in certain particulars. REGULATION OF SUGAR CANE PRICES [ASSENTED TO 14TH DECEMBER, 1917.J ACT BE it enacted by the King's Most E,xcellent Majesty, = ~ ~ ~ ~ ; . by and with the advice and consent of the Legis-' lative Council and Legislative Assembly of Queensland in Parliament assembled,' and by the authority of the same, as follows : - Short title 1. This Act may be cited as "The Regulation of . a c o o n f n d As t c r t u . c t l ' Oll s S h u a g l a l r be C r a e n a e d P a r s ic o e n s e A W . c I t th A"mToh ' oedmReengtulaAtcw • tnooff 1 S 9 u 1 g 7 a , r " C a a n n d e Prices Act of 1915,"* herein referred to as the Principal Act. The Principal Act and this Act may together be cited as " The Regulation of Sugar Cane Prices Acts, 1915 to 1917."t Amendment 2. In section three of the Principal Act, after the of s. 3. definition of "Central Board," the following definition is inserted : - Check chemist. "Check chemist"-A check chemist appointed under this Act ; after the definition of "Commercial cane sugar," the following definition is inserted :- Crushing <lapacity. . "Crushing capacity"-The maximum crushing capacity of the mill per hour doing efficient work and with a regular supply of cane; also, after the definition of "This Act," the following definition is inserted:- Valuator. "Valuator"-A valuator appointed under this Act. * 6 Geo. V. No. 5, supra, page 7042. t Consolidatect and printed as Appendix, infra.

SUGAR. 8337 1917. Regulation of Sugar Cane Prices Act Amendment. 3. (1.) The following provision is added to subsection Amendment two of section four of the Principal Act:- of 8.4. The persons designated in paragraphs (i.), (ii.), and (iiL) hereof only shall have the right to vote at any meeting of the Qentral Board; and the persons designated in paragraphs (iv.) and (v.) hereof shall have advisory and consultative powers only, and shall not have the right to vote at any such meeting. (2.) Mter subsection two of the said section, the following subsection is inserted :- (2A.) The term of office of all members of the Central Board shall be three years from the date of their appoint- ment or election; but nothing herein shall be construed to prevent any member from being ,t any time re-elected or reappointed as a member. The following provision is added to the first parar- graph of subsection three of the said section :- Provided that no cane-grower shall be entitled to more than one vote, and no cane-grower shall be entitled to vote unless he is cultivating with sugar-cane an area of at least ten acres. (3.) The following provisions are added to the said subsection three:- In the event of any vacancy arising from death, resignation, or other cause in the office of member of the Central Board, such vacancy shall be filled by the election, if the case so requires,of a cane-growers' or mill-owners' representative, or in other cases by the appointment of some qualified person by the Governor in Council to hold office during the remainder of the three years' term of office; and upon failure by such cane- growers or mill-owners, as the case may require, to elect their representative, the Governor in Council shall appoint such representative. If at any time any member of the Central Board is from illness, absence, or other cause prevented from attending any meeting of the Board, or pending the filling by election of any vacancy in the office of a member, the Governor in Council may appoint some person to act temporarily as a member in his room, and while so acting such person shall have all the powers of and be deemed to be a member of the Central Board.

8338 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, During any vacancy in the Central Board (other than in the office of chairman), the continuing members may act as if no vacancy existed. (4.) After subsection three of the said section, the following subsection is inserted:- (3A.) At any meeting of the Central Board three members shall form a quorum if the chairman of the Board is present, or in his absence if the other two members having the right to vote are present; and all the powers of the Board shall be exercisable at any such meeting at which a quorum is present; and all questions shall be decided by a majority of the members having the right to vote. Where only two members having the right to vote are present at a .meeting, and the chairman of the Board, or a person appointed temporarily to be chairman as aforesaid during the absence of the chairman from the meeting, is one of them, in the event of any difference of opinion he shall have a vote and also a casting vote, but no other member acting as chairman at any meeting shall have a casting vote. (5.) In subsection five of the said section, after the word "chemists," the words "check chemist~ , valu- ators" are inserted. . Amendment 4. (1.) The following provision is added to subsection ()f s. 5. one of section five of the Principal Act:- No member of either House of Parliament and no member of the legal profession shall be qualified to be or act as a member of a Local Board or to appear· before a Local Board in any representative capacity. (2.) The proviso in subsection two of the said section is repealed, and tlie following provision is inserted in lieu thereof :- Provided that any cane-grower shall be at liberty to deliver any of his frosted or damaged sugar-cane to any mill which is orushing sugar-cane, whether such cane- grower's lands are assigned to that mill or not; and the owner of such mill shall be bound to accept delivery thereof and pay for the same if SUGh sugar-oane contains over seven per centum of commeroial'cane-sugar. The following provision is added to the said subsection:- . In cases where it appears just and proper so to do, and upon applioation made in that behalf to the Central •

SUGAR. 8339 1917. Regulation of Sugar Cane Prices Act Amendment. "\ Board, the Central Board shall have power, notwith- standing the provisions of any Order in Council, from time to time to assign any particular land or lands or any defined area or locality to any mill or to alter the assignment thereof from one mill to another mill (whether or not each such mill is under the jurisdiction of the same Local Board), so that the sugar-cane grown on such land .or lands or within such area or locality shall be supplied to the newly-assigned mill. In subsection three of the said section before the word" Schedule" the word " First" is inserted. 5. In section six of the Principal Act the word" may" Amendment is repealed, and the words "shall in each year" are of B. 6. inserted in lieu thereof; also, after the word "respec- tively" the words "(including all mortgagees, lienees, transferees, assignees, or other persons having any title to or interest in any such mill or lands or sugar-cane)" are inserted; also, the words "taken delivery of at" are repealed, and the words "taken delivery of or which should be taken delivery of by such owners of" are inserted in lieu thereof; also, after the words "supply of sugar- cane," the words" the handling and treatment thereof by the owner or owners of the mill" are inserted. The following provision is added to the said section :- All the powers of the Local Board shall be exercisable at any meeting at which a majority of the whole number of members are present, and all questions shall be decided by a majority of the members present at the meeting. In the event of the members of a Local Board being equally divided in opinion with respect to all or any of the matters to be determined by an award, the chairman of such Board shall have a deciding vote, and shall exercise with respect to all such matters the powers and authorities of such Board, and make his award accordingly. . During any vacancy in a Local Board (other than in the office of chairman), the continuing members may act as if no vacancy existed. 6. After section six of the Principal Act, the follow- ing sections are inserted:- [6A.] (1.) Any person desirous of being appointed as Check a check chemist shall first satisfy the Check Chemist ohemists. Examining Board, appointed by the Minister for that

8340 . SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, purpose, -that he possesses the necessary qualifications, whereupon such Board shall issue a certificate certifying: to the same. The holder of such certificate shall be eligible for appointment as c4eck chemist for the currency of any crushing season, and may be appointed by the Minister to- any mill where, in the opinion of the Minister, the services. of a check chemist are desirable. The possession of such certificate shall be held to- be sufficient evidence that the holder has the necessary qualifications for thedisoharge of his dutiel::l as check chemist. The oertificate of appointment from the Minister shall entitle the holder to enter upon the premises of any mill to which he has been appointed, and to perlorm such duties as are necessary for the carrying out of this Act. The salaries of all such check chemists shall be paid out of the Fund, and shall be at such rate as the Ministe~ may from time to time determine. (2.) Subj~ ct always to any regulations in that behalf,. the duties of a check chemist shall be- (a) To satisfy himself that the weighing of cane is. correctly performed; (b) To satisfy himself that the cane is sampled for analysis in accordance with the Regula- tions, or in accordance with any special directions prescribed by the Central Board to- meet special circumstances; (c) To satisfy himself that the determination of commercial cane-sugar is made in accordance with the Regulations; (d) To record- The weekly tonnage of oane crushed by the mill; .The weekly average percentage of commercial cane-sugar in the cane; The weekly output of sugar in terms of 94 net titre. (e) At the close of a season to prepare a summary showing- The total tons of cane crushed; The true average percentage of commercial cane... sugar in the cane;

SUGAR. 1917. Regulation of Sugar Cane Prices Act Amendment. The output of sugar in terms of 94 net titre after making allowance for " sugar in process" and " sugar remelted" carried over from the previous season. Where cane is purchased on the basis of individual analysis or group analysis, the check chemist shall, in addition, satisfy himself that the requirements of paragraphs (a), (b), and (c) hereof are fulfilled in respect of each individual supplier, or, where groups are duly formed as prescribed, in 'respect of each group of suppliers. (I) Also to record- The weekly tonnage of cane crushed from each supplier or each duly formed group of suppliers ; The weekly average percentage of commercial cane-sugar in the cane crushed from each supplier or from each duly formed group of suppliers; (g) To forward to the Central Board (at intervals to be specified) copies of records and sum- maries under paragraphs (d), (e), and (I) hereof; (h) To perform such other duties as may be pre- scribed by the regulations or as may be directed by the Central Board or Local Board. (3.) For the purpose of carrying .out the duties here-' inbef.ore specified, the check chemist must, by .observati.on, satisfy himself as t.o whether the specified determinati.ons are c.orrectly made. If n.ot satisfied with any determina- ti.on, the check chemist shall be entitled t.o require a redeterminati.on, and if such redeterminati.on is still unsatisfactory, .or is n.ot furnished within a reas.onable time, he shall be entitled t.o make a determinati.on himself, and his result shall be accepted as c.orrect. F.or, the purposes .of such determination the check chemist shall be entitled, at all reas.onable times and s.o as n.ot t.o interfere with the w.ork .of the mill chemist, to use such lab.orat.ory, apparatus, material, and chemicals .of the mill-.owner as are necessary, but in n.o other case shall he claim the right t.o use the same except by the c.onsent of the mill-.owner. 88~ 1

• 8342 SUGAR. Regulation of Sugar Oane Prices Act Amendment. 8 GEO. V. No. 18, t The mill-owner shall, however, afford to the check chemist all reasonable facilities for observing and checking the weighing, and sampling, and the work of the mill chemist, including the checking from time to time of polariscope readings. (4.) The mill-owner shall supply, at the request of the check chemist, such information as is required to complete the prescribed returns. Such information shall be regarded as being information within section ten of this Act, and shall not be disclosed without the consent Df the mill-owner, except in so far as the check chemist may, at the request of any cane-grower or duly formed group of cane-growers, disclose the weekly tonnage of .cane and the average commercial cane-sugar content of the cane of his or their own particular deliveries, or such ·other matters as may pertain to his or their own particular deliveries, such as the analysis of different varieties which he or they have supplied. ' Appointment [6B.] The cane-growers supplying sugar-cane to a ~ ei~ e: ~- mill may by agreement amongst themselves, appoint a person or persons to observe and check the weighing of sugar-cane supplied by such cane-growers to such mill. Any person so appointed shall be deemed to be a check- weigher within the meaning of "The Weights and MeasuresAct of 1906,"* and all the provisions of that Act and any regulations thereunder relating to the weighing of agri- cultural produce and to check-weighers thereof shall be applicable to sugar-cane and to check-weighers appointed as aforesaid. Powers of [60.] Any member or valuator or other officer of the inspection of Central Board, or member or officer of a Local Board, records, &c. acting in each case under the written authority of the chairman thereof, but subject always to the obligation of the oath or affirmation of office prescribed by section ten of this Act and the penalty therein prescribed for any violation thereof, shall be at liberty at all times to inspect any mill or farm and any books, papers, vouchers, chemical and laboratory records, or other documents, or the records of any mill or cane-grower relating to the manufacture of sugar or growing of cane, and to take copies of or extracts therefrom, and for that purpose may enter upon any mill or office of the owner or premises of the cane-grower where such documents are. The owner of the mill or cane-grower shall provide all reasonable facilities for such * 6 Edw. VII. No. 19, 8upra, page 5805.

SUGAR. 8343 1917. Regulation of Sugar Cane Prices Act Amendment. inspection; and the owner and every officer of .the mill and the cane-grower shall furnish to such member or -officer all such information in his power as may be reason- .ably required by him. Ary person who acts in contra- vention of this subsection shall be liable to a penalty not exceeding one hundred pounds. A copy of the valuation furnished by any valuator to the Central Board shall, on application, within twenty- one days from the receipt thereof by the Central Board, be supplied to the owner of the property which has been valued in such valuation. Any owner or cane-grower may, within thirty days .after the receipt of such copy of valuation, give notice in writing to the Central Board that he intends to appeal against such valuation. Upon receipt of any notice of appeal against any such valuation the Central Board shall institute proceed- ings for the hearing of such appeal before a Judge of the Supreme Court, whose decision thereonshall be final. Jurisdiction is hereby conferred upon the Supreme Court to hear and determine all such appeals. The Central Board shall not proceed or act in the matter of making a final award for the mill and the sup- pliers to such mill in respect of which a notice of appeal has been given against any valuation of the property cif the owner of such mill or of any supplier until such a ppeal has been finally determined, nor in any case until the time hereinbefore limited for the giving notice of intention to appeal shall _have elapsed. 7. In section seven of the Principal Act, the words Amendment ~ ' twenty- first day of April after the constitution" are of s. 7. repealed, and the words" seventh day of May after the appointment in each year of the members" are inserted in lieu thereof. _ . Paragraph (ii.) of the proviso to the said section is repealed. 8. In the second paragraph of section nine of the Amendment Principal Act the words " any twenty cane-growers bound of s. 9. by the award" are repealed, and the words "cane-growers bound by the award to the number following, namely, if the total number of such cane-growers supplying cane to a mill is less than sixty, by not less than one-third of such cane-growers, and in other cases by any twenty such cane-groweri," are inserted in lieu thereof. i1

• 8344 SUGAR. Regulation of Sug'ar Cane Prices Act Amendment. 8 Goo. V. No. 18, The following provision is added to the said section:- Every such appeal shall be by way of rehearing. At the hearing of any such appeal a copy of the depositions containing the evidence taken before the Local Board, certified as correct by the chairman thereof, shall be admitted in evidence by the Central Board; and~ subject to this Act, the representatives, respectively, of the owner or owners of the mill and of the cane-growers shall, if any of them may so desire, be permitted to appear and call evidence, and examine and cross-examine any witnesses, and address the Central Board. 9. After section nine of the Principal Act, the follow- ing sections are inserted:- GojuferniCsederniactltriaoln have [9 j A ur . i ] sd (1 i . c ) tiSounbojveecrt atoll tmhiasttAercst, atrhiseinCgeunntrdaelrBtohaisrdAshcatl- l Board. (a) Where no Local Board has been constituted for any mill or lands, or where the constitution or appointment of a Local Board is for any reason invalid, and the Central Board in the exercise of such jurisdiction shall have full power and authority to decide all such matters,. and shall make such an award and may make such other orders as they think proper; (b) Which are submitted to it by the Minister as proper to be dealt with by such Board in the public interest, whether a Local Board has been constituted or not in respect 6f such matters, and the Central Board in the exercise of such jurisdiction shall have full power and authority to decide all such matters, and may make such awards and orders as they think proper. The Local Board (if any) shall in such case cease to exercise their functions or have jurisdiction with respect to any matters so submitted as aforesaid to the Central Board,. unless or until the Central Board otherwise order as to the whole or any part thereof. (2.) The Minister may at any time submit to the Central Board that a Local Board have been guilty of wilful or unnecessary delay in making an award with respect to any matter within the jurisdiction of the Local Board, whereupon the Central Board may call upon the Local Board to show cause why the Central Board should not exercise the functions and jurisdiction of the Local Board with respect to such matter.

• SUGAR. :8tM5 1917. Regulation of Sugar Cane Prices Act Amendment. The Central Board, if after due inquiry they are satisfied that the Local Board have been guilty of such delay as aforesaid, may make an order that the functions and jurisdiction of the Local Board as aforesaid shall be .exercisable by the Central Board. Upon such order being made, the Central Board shall have all the jurisdiction, powers, and authorities of the Local J3oard, and may make such award and orders with respect to such matter as they think proper; and the Local Board shall cease to exercise their functions or to have any jurisdiction with respect thereto, unless or until the 'Central Board otherwise order as to the whole or any part thereof. (3.) The Central Board shall, with respect to matters within their jurisdiction, have full power and authority from time to time to make all such orders and give all such directions as in their opinion are necessary or .expedient for giving due effect to any award or for carry- ing into execution the objects and intentions of this Act; . and all such orders and directions shall be observed. (4.) The Central Board, in the exercise of any juris· diction, duty, power, or function conferred or imposed upon them by this Act, shall not be bound by any rules or practice as to evidence, but may inform their minds on any matter in such manner as they think just. (5.) No member of either House of Parliament and no member of the legal profession (other than a District Court .Judge appointed as chairman) shall be qualified to be or act as a member of the Central Board. [9B.] The chairman of the Central Board may act asChairman a mediator in any matter arising under this Act, whethertohaot his or not it is within the jurisdiction of the Central Board, : ed: ~ ~ ~ in all cases in which it appears to him that his mediation desirable. is desirable in the public interest. [90.] (1.) The chairman of the Central Board may,Chairrnan whenever in his opinion it is desirable for the purpose of ~ :~ ~ v; ' yne preventing or settling any dispute with respect to any ~~ nferen~. matter arising undeI' this Act or under any award made thereunder, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself. (2.) Any person may be so summoned, notwith- standing that he is not connected with the dispute, if the

, - --------- - - - 834~ SUGAR. Regulation of SugO/r Cane Prices Act Amendment. 8 GEO. V. No. 18, chairman thinks that such :Person's presence at the- conference is likely to conduce to the prevention or settlement o~ the dispute. (3.) Any person so summoned shall attend the con- ference and continue his attendance thereat as directed by the chairman, and in default shall be guilty of con- tempt, and, by order of the chairman, shall be liable to a. penalty not exceeding one hundred pounds. , (4.). The conference may be held partly or wholly in public or in private at the discretion of the chairman. (5.) Any person so summoned, who attends pursuant to the summons and continues bis attendance as directed by the chairman, shall be entitled to be paid by the Crown such (if any) amount as the chairman certifies to be a reasonable recompense for his expenses and loss of time. Conoiliation. [9:0.] (1.) In the course of the hearing (including any compulsory conference summoned by the chairman of the Central Board as hereinbefore provided) of any matter arising under this Act or under any award made there- 'under, the Central Board or chairman thereof, as the case may be, shall make all such suggestions and do all such things as appear to them or him to be right and proper for dealing with the matter or bringing about the settlement of the matter by amicable agreement. Agreement (2.) If an agreement is arrived at, a memorandum of tfhav~ fiectits terms shall be made in writing and certified by the o awa. chairman, and such memorandum shall be filed in the office of the Central Boa.rd and, unless otherwise ordered and subject as may be directed by the Central Board, sha.ll have the same effect as and be deemed to be an award of the Central Board. Decision to be final. [9E.] Except as provided by this Act- (a) Every award of a Local Board and every award, decision, direction, and order of the Central Board and of the chairman of the Central Board shall be final and conclusive, and· shall not be impeacha.ble for any informa.lity or want of form, or be appealed againstlO' reviewed, quashed, or in any way called in question in any court on any account whatso- ever; (b) Proceedings before a Local Board or the Central Board shall not be removable by certiorarilO'

f SUGAR. 8347 1917. Regulation of Sugar Cane Prices Act Amendment, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by any court, in respect of or to restraiIl:, proceedings under any award of a Local Board or under any award, decision, direction, or order of the Central Board relating to any matter arising under this Act or any other matter which, on the face of the proceedings, appears to be or to relate to a matter arising under this Act; (c) The validity of any proceedings or award of a Local Board, or of any award, decision, direc- tion, order, or proceedings of the Central Board or the chairman of the Central Board shall not be challenged. 10. The following provisions are added to section ten Amendment of the Principal Act :_. . of s. 10. The chairman of the Central Board shall have full power and authority, as and when he thinks proper, to exclude any person other than a member of such Board from the hearing of any inquiry or matter before such Board, and to administer an oath or affirmation of secrecy (subject to the penalty for violation last-mentioned) to any interested person or the representative of any such person or any member of a Local Board present at any suoh hearing. No witness at any such hearing before the Central Board shall be entitled to claim any privilege V'om answering any relevant question or producing any rele- vant document on the ground that it relates to matters mentioned in this section or that he has made any oath or affirmation of secrecy. Notwithstanding anything contained in this sectien, any member of a Local Board, and any cane-grower or owner of a mill, and the duly appointed agent of any of them, shall have the right (but subject always to the obligation of an oath or affirmation of secrecy as herein prescribed, and the penalty prescribed for any violation thereof) to inspect and take copies of or extracts from the. depositions and documentary evidence, including accounts or estimates, taken and admitted before any Local Board relating to matters in issue, for the purpose of verifying or testing the accuracy of the same.

8348 SUGAR. Regulatwn of SugOA" Cane Prices Act Amendment. 8 GEO. V. No. 18, AmendmeDt 11. In section eleven of the Principal Act the words oh. 11. "the chairman shall have all the powers and authorities of .a Judge of District Courts" are repealed, and the words "and the punishment of persons guilty of contempt of the Board, the chairman shall have. all the powers and a.uthorities of a Judge of the Supreme Court" are inserted in lieu thereof. Amendment 12. In subsection one of section" twelve of the of B. 12. Principal Act the words" shall take into consideration" are repealed, and the words "may take into consideration all or any of the following matters, namely" are inserted in lieu thereof. After paragraph (b) of the said subsection one, the following paragraph is inserted:- (bb) The cost of production of sugar-cane; After subsection one of section twelve of the Principal Act, the following .subsection is inserted:- (lA.) Such award shall determine an interim minimum price for sugar-cane not exceeding eighty per centum of the estimated value of such sugar-cane, and shall in addition provide for inoreases in such price on account of- (a) Any increase in the quantity of sugar-cane over the estimate; (b) Higher sugar contents in sugar-cane; (c) Increase in selling price of sugar; (d) An~ 7 other improvements in conditicns. In paragraph (c) of subsection three of the said section the words" has been disapproved by the Local Board with .the sanction of" are repealed, and the words "are disapproved by the Local Board or by" are inserted in lieu thereof. In subsection four of the said section, after the words "that mill," the words "unless such Board or the Central Board shall otherwise determine" are inserted. The following provision is added to subsection seven . of the said section:- . In all cases the burden of proof that sugar-cane delivered in pursuance of an award by any cane-grower to the owner of the mill does not contain over seven per centum of commercial cane-sugar shall be on such owner of the mill.

SUGAR. 1917. Regulation of Sugar Cane Prices Act Amendment. In section eight of the Principal Act, after the words "Central Board" (where they first occur) insert the words "and to any adjustments made with regard to the final price after a payment, not exceeding eighty per centum of the estimated value of such sugar-cane, has been made as herein pr()vided." The following subsections are added to section twelve ,of the Principal Act : - (8.) Every award shall fix a date after which the owner of the mill concerned shall take delivery of and crush sugar-cane offered by the cane-grower to the owner. And, for the purposes of delivery by the cane- grower, any delivery or tender of delivery of sugar-cane by him at the usual loading-place or place of delivery on :a tramline or elsewhere shall be deemed to be delivery ()f the same to the owner. If the Central Board are satisfied, upon an applica- tion in that behalf by any cane-grower or cane-growers, that the owner of the mill has failed, without reasonable ,excuse (the proof of which shall lie upon such owner), to take delivery of sugar-cane, or to crush the same, or to ,carry on crushing operations in a reasonable and proper manner, then the Central Board shall so award and declare, and shall publish such award and declaration in the Gazette, whereupon the following consequences may ensue:- (i.) The Minister, by his officers, servants, agents, and workmen, may enter upon and take possession of such mill and all works, lands, buildings, plant, tramways, machinery, equip- ment, goods, and chattels whatsoever used, occupied, or held by the owner or on behalf of the owner for the purposes of or in connection with the businesR of such mill; and the owner and all his agents, managers, attorneys, servants, and workmen shall, without any delay, hindrance, obstruction, claim, demand, or objection whatsoever, give and deliver peaceful possession of such property to the Minister: The Minister, by his officers, servants, agents, and workmen, may carry on the business of the mill to the same extent and with the same powers and authorities as if the mill and all such property aforesaid were 8349

8350 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, vested in him as the absolute owner thereof, and may conform to and carry into execution the said award, and for that purpose may use and employ all the property of the owner hereinbefore mentioned: All such property may, without any warrant other than this Act, be seized and taken possession of by any State officer; and such officer with any assistants may for any such purpose enter any place at any time, and use any force which may be necessary. All such property if taken and used shall be taken and used on just terms, and the owner of such property shall be entitled to be paid, in respect of the exercise by the Minister of the powers conferred upon him by this section, such reasonable amount as may be necessary to compensate him for any loss or damage suffered thereby. In computing such compensation due allowance shall be made for any loss or injury due to disturbance of any business of such owner,. whether carried on in Queensland or else- where, or to severance of any property. The amount of such compensation shall be determined by the Central Board con- stituted as provided by the Principal Act; and for the purposes of such determination the Central Board shall have all the jurisdic- tion, power, and authority inthe last-mentioned Act and any rules thereunder provided. Any party dissatisfied wit,h such determi- nation of the Central Board may, within twenty-one days thereafter, appeal to the Supreme Court from such determination. Such appeal shall be in the n,ature of a re- hearing, and shall be heard and determined by one Judge of the Supreme Court sitting without a jury, whose decision, subject as hereinafter provided, shall be final and con- clusive. On the hearing of such appeal, such Judge shall have all the powers of the Central Board, and may, if he thinks·fit, refer by way of special case any point of law arising on the

SUGAR. 1917. Regulation of Sugar Cane Prices Act Amendment. hearing of such appeal to the Full Court for its opinion. The Full Court shall thereupon hear and determine the questions of law raised by such special case, and shall remit the matter to such Judge with an expression of its opinion thereon, and may make any order it thinks proper as to the costs of such special case. Subject as aforesaid, the costs of any such appeal shall be in the discretion of .the Judge hearing such appeal. (ii.) The Minister shall cause to be kept an account of all receipts and expenditure of and in connection with such mill while he so remains in possession as aforesaid, and shall cause the same to be audited from time to time by the Auditor-General or an officer of the Audit Department: In such account the expenditure shall include all expenses incurred by the Minister of and in connection with the taking possession and the carrying on of the said business, and of keeping the said account and of the audit thereof. (iii.) As soon as may be after the close of the crushing season the Auditor-General shall, by a certificate published in the Gazette, certify and declare the state of the said account and the amount of the profit or loss, as the case may be. (iv.) Such certificate shall be absolutely conclusive evidence of the facts therein certified and declared. If there is a profit, the owner of the mill shall be entitled to be paid the amount, thereof by the Minister. (9.) Except where the mill shall have been taken possession of by' the Minister, the owner of the mill shall pay to each cane-grower in each month during the crushing season a sum equal in amount to the interim minimum price fixed for the time being by the award for all sugar-cane taken delivery of by the mill during the last preceding thirty days; and if he fails in any such month so to do, such owner shall be deemed to be guilty of a breach of the award. But nothing herein shall be 83H

:13352 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, oonstrued to affect the provisions of any award pre- scribing payments for sugar-cane so taken delivery, of at more frequent intervals than hel'eby prescribed. (10.) There shall be provided at every mill by the owner thereof a proper and sufficient laboratory for the testing of sugar-cane juice, and all necessary and proper ~ p' paratus and material for making analyses of sugar-cane JUIce. . (11.) The regulations may provide for the keeplng by mill-owners of books and records (including chemical and laboratory records) and by cane-growers of records relating to matters arising. under this Act, and showing all or any Sohed 11. of the particulars referred to in the Second Schedule to this Act, or such further or other particulars as may be prescribed in such regulations, and for the inclusion of such particulars in returns. In subsection five of section twelve of the Principal Act, the words "Local Board or any party" are hereby repealed, and the words " any millowner or by any twen~ y cane-growers (or one-third if the whole number does not exceed sixty) bound by the award who supplied sugar-cane to such mill during the year then last past" are inserted in lieu thereof. 13. After section twelve of the Prinoipal Act, the following sections are inserted, and shall be deemed to have been so inserted at the time of the passing of the Principal Act:- 'Central [12A.] Subject to this Act, the Central Board may rBeoscairnddmoary rescind or vary any award, decision, recommendation, vary a.ny of direction, order,or other act made or done by it. oiill acts. But no. award, decision, or order shall be varied or . re-opened except upon the application of any owner or cane-grower bound or affected thereby or claiming to be affected or aggrieved thereby. Betrospec. , tive effect. [12B.] The award of any Local Board may, if the Local Board so determine, or any award, decision, direction, or order of the Central Board, or any variation thereof may, if the Central Board so determine, be made to take effect retrospectively so as to cover the whole sugar season in respeot of which such award of the Local Board or award, decision, direction, Or order of the Central Board, as the case may be, is made.

SUGAR. 8353 1917. RegUlation of Sugar Cane Prices Act Amendment. 14. The following provision is added to. section Amendmen~ sixteen of the Principal Act :_ of s. 16. Unless the Central Board otherwise determine in any particular case or class of cases, each such return shall be treated as confidential, and the contents thereof shall not be divulged. Moreover, in any case where the Central Board determine that any such return or returns shall be open to inspection by any party to a,ny inquiry pending before the Board or any representative of such party, the chairman may administer an oath or affirmation of secrecy to such person, subject to the penalty provided by section ten of this Act for any violation thereof. 15. Mter section seventeen of the Principal Act, the following section is inserted:- [17A.] (1.) The Central Board may issue an order tOCentrai any person to take evidence on their behalf in relation~ = emay to any matter arising under this Act and to report to the persons. Central Boa:rd; and that person ·shall h~ ve all ~ he powers :~:~, &0. of the chaHman of the Central Board m relatiOn to the summoning of witnesses, the production of books and documents, and the taking of evidence on oath or affirmation. The Central Board may act on such evidence and report. (2.) The chairman of the Central Board shall haveI. ' 0~ rto p~ wer to declare and settle the issues to be determined ~ ~ JeDce. With respect to any matter pending before the Board, and to limit the taking or hearing of evidence on any such matter or issue. J (3.) H in the opinion of the chairman of the Central Costs. in Board any party fails to proceed with any matter or : ~ ! ~ ~ issue raised at hi1i instance, or in any proceedings calls unnecessary or irrelevant evidence, or otherwise unduly protracts such proceedings, the chairman may order such party to pay such costs as, in his opinion, have been occasioned by such failure or delay, and may, if he thinks fit, apportion such costs to be paid to and amongst the other parties. Every such order shall have the like effect as an order in an action before a Supreme Court Judge, and be enforceable accordingly. 16. In subsections two and three of section twenty Amendment of the PrincipalAct the words "Central Board," wherever of s. 20. they occur, are repealed, and the word "Minister" is inserted in lieu thereof.

:8354 SUGAR. Regulation of Sugar Oane Prices Act Amendment. 8 GEO. V. No.18, In the said subsection three, after the words "by the cane-grower" the words "and the owner of the mill, respectively, in equal proportions" are inserted. Amendment 17. The following words are added to subsection two -of B. 22. of section twenty-two of the Principal Act:- " and in the case of a continuing breach a daily penalty not exceeding five pounds for each day during which such breach continues." In the first paragraph of subsection three of the said section the words" subject to subsection four hereof" are repealed. . The following provision is added to the first paragraph of the said subsection three : - Provided that if the provisions of any such regula- tions- (a) Deal with any matters which by any enact- ment of this Act are placed within the jurisdic- tion of the Central Board or any Local Board, such provisions shall be read as an addition to such enactment and construed accordingly; (b) Conflict with the provisions of any award in force for the time being, the provisions of such regulations shall be read subject to the award, and the provisions of the award shall prevail. Confirmation· 18. Notwithstanding anything contained in the ~ awards, Principal Act or in any other Act or law practice 01' . usage to the contrary, every Local Board purporting to have been constituted, and every election and appoint- ment of any member of any such Board purporting to have been held or made under the Principal Act before the passing of this Act, shall be deemed to be and to have been validly and duly constituted, held, and made under the Principal Act, and the same are and each of them is hereby confirmed for all purposes whatsoever; and every award, order, decision, and appointment made or purport- ing to have been made under the Principal Act before th e passing of this Act by the Central Board or any Local Board shall be deemed to be and to have been validly and duly made under the Principal Act, and the same are and each of them is hereby confirmed for all . purposes whatsoever, subject, however, to any variation thereof made under this Act:

SUGAR. 8355 1917. Regulation of Sugar Cane Prices Act Amendment. Provided that nothing in this section shall be deemed to prejudice or affect the rights of any person to prosecute ,any action or appeal in any court of law instituted, com- menced, or lodged prior to the passing of this Act in respect to any of the subject-matters of this section; but such action or appeal may be continued in every respect as if this Act had not been passed. 19. Nothing in this Act shall be construed to relate Application to any crops of sugar-cane harvested during the season of of Act. -one thousand nine hundred and seventeen, nor to any award made in respect of such season. 20. The following amendments are made in theAmenciments Schedule to the Principal Act :_ of Schedule. In subsection one (b), after the word "twenty," insert "(or one-third 'if the whole number does not exceed sixty)." In subsection six, before the words" Provided that') . the words" and mill-owners respectively" are inserted. In the first paragrapb of subsection ten, after the words" of a Local Board,"'the words ,,, and thereafter in each year on a date to be fixed by the Central Board and notified in the Gazette" are inserted. Subsection fourteen is repealed. 21. After the Schedule to the Principal Act, the New following Schedule is inserted :- Schedule. SCHEDULE H. PART I. PARTICULARS OF RECORDS, ETC., WHICH MAY BE PRESCRmED TO BE KEPT AT EACH SUGAR MILL AND INCLUDED IN MILLOWNER's RETURNS. 1. The fair value of the mill assets, particularised under the :following headings : - £ (a) Mill site .• (b) Mill buildings and machinery (0) Tramways (cl) Rolling stock (e) Plant •• (I) Mill spares (g) Stocks including firewood and mill supplies (k) Other assets (to be specified) Total assets , •• £ -

S356 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18,. 2. The area of the mill site. 3. The Local Authority valua.tion. 4. The length of permanent tramlines. 5. The length of portable tramlines. 6. The maximum crushing capacity of the mill per hour, doing efficient work and with a regular supply of cane. 7. The average price per ton of cane paid to cane-growers after ma.king deductions for burnt cane, &c. ;- (a) For the season; (b) For the season. 8. The average amount deducted from the price per ton of cane. in respect of burnt cane, or for other reasons ;- (a) For the season; (b) For the season. 9. The average cost per ton of cane for transport charges paid by the mill-owner, including freight, cartage, and haulage ;- (a) For the season; (b) For the season. 10. The total area harvested and the tonnage, of cane crushed fur each of the seasons to , inclusive. H. The total number of suppliers for the season. 12. The average percentage of commercial cane-sugar contents;- (a) For the season's crushing; (b) For the season's crushing. 13. The percentage of burnt cane crushed ;- (a) For the season; (b) For the season. 14. The total tonnage of sugar, on the basis of 94 per centum net titre manufactured, or in process of manufacture:- {a) For the season; (b) For the season. 15. The amount chargeable to manufacturing account and/or to profit and loss account for the season; particularised under the following headings ;- £ (a) Direct manufacturing cost, including salaries, wages, fuel, mill supplies, horse feed, &c., in respect of the crushing period (b) Sugar charges (including freight) (c) Maintenance and repairs (exclusive of renewals) (d) Depreciation and replacement reserve (e) Cane purchased; tons at £ per ton (I) Transport of cane (g) Salaries (off season) and office expenses (h) Proportion of head office administration expenses (j) Other expenses (to be specified) Total charges against season £

SUGAR. 1917. Regulation of Sugar Cane Prices Act Amendment. 16. The total revenue for the the following headings :- season, particularised under £ (a) Proceeds of raw sugar (b) Sales of molasses (c) Other revenue (to be specified) Total revenue for season £ 17. The total amount charged against the profit and loss account for the season, comparable with the particulars in paragraph 15 above:- 18. For the current season:- (J) The estimated quantity of sugar-cane to be treated during the season. (2) The estimated sugar contents of the sugar-cane. (3) The estimated area to be harvested for the season. (4) The amount expended in respect of maintenance of the mill assets from 1st January, , to date. (5) The amount expended on renewals for each of the years and (6) The amount expended on renewals from 1st January, to date. PART lI. P A.RTIOULARS OF RECORDS, ETC., WHICH MA.Y BE PRESCRIBED TO BE KEPT BY CANE-GROWERS AND INCLUDED IN CANE-GROWERS' RETURNS. 1. Situation of Farm: Parish Subdiv. Portion 2. Mill to which Cane is Supplied: 3. The fair value of the Assets used exclu.."ively in connection with the Production of Sugar-cane, detailed under the following heads : - Land Fences £ Dwelling occupied by Grower •• Dwellings occupied by Employees Men's Quarters •• Stl!'bles and any other Buildings .• Water Supply for Domestic Purposes Irrigation Plant Horses Ha.rness •. Vehicles .. Implements and Tools •• Portable Tramline Other Assets (to be specified)- £ G 8357

~358 SUGAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEQ. V. No. 18, 4. Particulars of the Assets under No. 3 in respect to the following matters :- Particulars. Land- · · · . . . Area under PIa.nt Cane Area under First Ratoons Area under other Ratoons Area under Stand-over Cane · · · · . . . . Area under Green Crop (or bare fallow) Area used as horse paddock. &c. . . 19 Acres. 19 19 I-~ - . - ~ A<Jrcs. Acres. I I ·. ·. Total area of Farm I Area of cultivated land stumped, acres. Area of cultivated land unstumped, acres. Class of soil under cultivation (whether Scrub, Forest, River Flat, High land, &c., and, if quality varies, approximate area of each class). Local Authority Valuation of Farm £ Irrigation PIa.nt- Type of plant employed. Horsepower. Delivery in gallons per hour. Horses- Number included in Assets (draught and others). H horses are employed for other purposes, state the number which would be employed exclusively in the production of cane and the work incidental thereto. Implements and Tools- A list of the principal implements and tools included in No. 3, e.g., Ploughs, Harrows, Scarifiers, Rollers, Manuring Machines, PlantIng Machines, Chaff Cutters, Horse-gears or Oil Engine8, &c., &c. Portable Tramline owned by Cane-grower Total length chains. Maker REMARKS. Add any remarks concerning any of the Assets ~ alling for specia.l comment--

SUGAR. 1917. Regulation of Suga1' Cane Prices Act Amendment. 5. Total cost of Production of the Cane Crop for the years 19 and 19 ,also the estimated cost for the year 19 [current year], under the rates of wages and conditions laid down by the existing Award, detailed under the following heads :- Particulars. Actual Figures. Estimate for Cur- rent Year. I I 19 19 19 I~ _ _- _ _ _ _ _ _ _ ~ Wages for Cultivation- *Hired Labour at per day .. or *Value of Cane-grower's own labour at per day *Supervision (by Cane-grower) at per day Artificial Manure actually used Lime actually used •• Green Manure Seed used Value of Plants purchased Value of own Plants used *Horse feed *Repairs and Shoeing *Rates and Taxes *Insurance (Fire and Workers' Com- pensation) *Other Expenses (to be specified) Harvesting- Cutting: Wages at per day Cutting: Contract at per ton Laying and Lifting Portable line Transport: Cartage actually paid Transport: Freight Total to this point * If the cane-grower is not occupied exclusively in the production of sugar- * ~ ane, but follows other ll;nsuits, a fair proportion only of the expenditure under the items marked should be included in this statement. 8359

8360 SU,GAR. Regulation of Sugar Cane Prices Act Amendment. 8 GEO. V. No. 18, Particulars. Actual Figures. 19 19 Estimate for Cur- rent Year. 19 . Depreciation- Houses and Buildings at ·. · . ·. cent. Horses at per cent. ·. .. Other Depreciating Assets at per cent. £ 8. d. £ ~ . d. £ 8. d. per · · . . · . .Total Cost of Production (exclusive of in- terest) ·. ·. ·. £ Give particulars of hired labour employed in cultivation, showing number of men and boys separately. 6. Particulars in relation to the following matters ;- Parliicu1ars. Estimate Average Figures. for Cuz- rent Year. . ·. . . · .. . . Acreage Harvested- PJa.n:t Cane · First RatoOnB •• Other Ratoons Stand-over Cane .. · · .. · Total Acreage Harvested · . · · · .. . . . · .. . Tonnage Harvested- Plant Cane First Ra.tOOIlEl Other Ra.toons Stand-over Cane .. .. Total Tonnage Harvested . 19 19 · · · · . . . . · . . . . . . . . . · . 19 . Cane Varieties.-What varieties of cane are grown, giving (if possible) approximate area under each 1 Artificial Ma.nures.-Kinds of Artificial Manures used, aJ.so usua.l quantities of each kind applied per acre. . Lime.-Quantity of lime applied per acre. Over wha.t intervals is lime applied 1 Cost of lime per ton. Green Manure.-Wha.t crops are generally used a.s green manure ~

SUGAR. 1917. Regulation of Sttgar Oane Prices Act Amendment. Cultivation.-The usual operations performed in the preparation of land for a plant crop, such as ploughings, cross ploughings, harrow- ii\:gs, and rollings, also (if possible) the fair cost of each operation per acre. , Average number of times the following operations are performed i.n a plant crop, and a fair cost for each operation :- Ploughing times @ per time Splitting centres times @ per time Scuffling times @ per time Chipping times @ per time. Average cost of supplying" misses." Give same information as above in respect of ratoon crops :- Ploughing times @ per time Splitting centres times @ per time Scuffi.ing times @ per time Chipping times @ per time. NOTE.-In the questions under this head of cultivation, cost is to be taken as the cost of labour only. Particulars. 19 19 19 . .. Plants- . .. Quantity purchased Quantity own plants used Cutting- · ·. . Tons Cane cut by Day Labour Tons Cane cut by Contract .• Diseased and Damaged Cane- · · . . Area Affected and Naturfl of Injury I I Remarks concerning any other items of expenditure calling for special comment :- 8361 7. By what means is cane delivered to the mill (Railway, Mill Tramv-ay, Dray, or Wagon, &c.) ~ Distance cane is hauled or carted to Railway Siding or Mlrill Tramline? . 8. What rate per ton is paid by the Cane-grower for Railway or Tramway Freight, use of Portable Tramline, Royalty on Tramline, &c., showing each separately? 9. What allowance per ton is received from the Mill owners towards cost of transport under No. 8 ~ - - - - - - - - - -----~ .... ~ . -

8362 SUGAR.-WORKS. Public Works Land Resumption Act Amendment. 8 GEO. V. No. 20,1917. 10. What was the Revenue received or accrued from the production of Suga.r Cane, particularised under the following heads :- • Pa.rticulars. 19 19 · ·. . .. .. .. · · . . . .. . · · . Proceeds of Cane (including bonus) •• Refunds of Freight, Outa.ge Allowances, &c. Va.lua of own Cane Plants used a.s cha.rged under No. 5 Other Receipts (to be specified) . Total Revenue .. ·. .. £ SUSPENSION OF SINKING FUND. See LoANS. TREASURY BILLS. See LOANS. WORKS. 8 Geo. V. An Act to Amend "The Public Works Land TB~ o; ~ ~ ~ IC Resumption Act of 1906," by Extending the 'i:~ : ~s purposes' for which Land may be taken to RES~ TION land for· Township Settlement, Townships, .!::::wr;. and Township purposes. [ASSENTED TO 21ST DECEMBER, 1917.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short titie 1. This Act may be cited as "The Public Warks :!t otio Land Resumption Act Amendment Act of 1917," and shall of Ac~ n be read as one with "The Public Works Land Resumption Act of 1906,"* herein referred to as the Principal Act•. Amendment' 2. Mter paragraph (i.) of section four of the Principal of s. 4. Act, the following paragraph is inserted:- (ia.) To be set apart, subdivided, alienated, taken up, occupied, leased, and used as town lands and suburban lands: Provided that for the lastnamed purposes resumptions shall not be made out of town lands or suburban lands as defined by "The Land Act of 1910."t * 6 Edw. VII. No. 14, supra, page 8211. t 1 Geo. V. No. 15, supra, page 7943.