Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989 (Qld)

604 REGULATION OF SUGAR CANE PRICES ACT AND ANOTHER ACT AMENDMENT ACT No. 56 of 1989 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short title and citation PART II-AMENDMENT OF REGULATION OF SUGAR CANE PRICES ACT 1962-1986 2. Citation 3. Amendment of s. 4. Parts of Act 4. Amendment of s. 5. Meaning of terms 5. Amendment of s. 8. Members of Local Boards 6. Amendment of s. 9. Term of office 7. Repeal of and new s. 11 Filling of vacancies 8. News. 11.A Deputy of chairman and members 9. Amendment of s. 13. Meetings etc., of Local Boards 10. New s. 15A Fees and allowances 11. Amendment of s. 16. Central Board 12. Amendment of s. 16A. Conduct of business of Local Board 13. Amendment of s. 18. Term of office of members 14. Amendment of s. 21. Filling of vacancies 15. Amendment of s. 22. Quorum, etc., of Central Board 16. Repeal of s. 24A. Powers of Central board in respect of mechanically harvested sugar-cane 17. Amendment of s. 32. Assignments 18. Amendment of s. 32A. Seasonal permit to use unassigned land 19. Amendment of s. 32B. Effect of s. 32A permit 20. New ss. 32c to 32H Seasonal permit to use unassigned land in another mill area Application for approval by Local Board for purposes of permit under s. 32c Effect of s. 32c permit Effect of disposal of assignment upon s. 32A or 32c permit Total area of land under ss. 32A and 32c permits shall not exceed 15 per centum of assignment Assignment of lands to mills to increase total area of such lands 21. New s. 33A Re-zoning of assignment in uneconomic or exceptional circumstances 22. Amendment of s. 37A. Disposal of assignments 23. Repeal of and new s. 37B. Consent to disposal of assignment not to be unreasonably withheld Varying of assignment by holder by alteration of lands 24. Repeal of and new ss. 37D and 37DA. Application for Local Board's Certificate Dispensation from obtaining consent of mortgagee etc Application for certificate of Local Board 25. Amendment of s. 37E. Appeal from Local Board's decisions 26. Repeal of and new s. 37F Assignment of land consequent upon s. 37A disposal or 37B variation 27. Amendment of s. 39. Misrepresentation an offence 28. Amendment of s. 42. Central Board may recommend mill peak 29. Amendment of s. 49. Obligation of cane-grower disposing of sugar-cane grown on assigned land

605 30. Amendment of s. 50. Obligation of mill-owner to accept sugar-cane grown on assigned lands 31. Amendment of s. 54. Disputes tribunal 32. Amendment of s. 58. Award to specify base price of sugar-cane 33. New s. 59A Central Board may redirect sugar-cane 34. Amendment of s. 60. Contracts outside Act 35. Amendment of s. 61. Agreements as to farm peaks 36. Amendment of s. 61B. Disposal of farm peaks 37. Repeal of and new s. 61c. Consent to disposal of farm peak not to be unreasonably withheld Dispensation from obtaining consent of mortgagee, lessor or sub-lessor 38. Amendment of s. 61D. Effect of disposal of farm peak 39. Amendment of s. 62. Appeal against award of Local Board 40. Amendment of s. 69. Evidence 41. Repeal of and new s. 90. Cane Tester Examining Board Manager, Cane Testing Service 42. Amendment of s. 91. Appointment of cane-testers 43. New ss. 96A to 96D Establishment of committee Membership of committee Proceedings of Committee Fees and allowances 44. Amendment of s. 105. Assessments on sugar-cane 45. Amendment of s. 106. Application of Fund 46. Amendment of s. 108. Returns by mill-owners and cane-growers 47. Renumbering ss. 109 and 110 48. Renumbering and amendment of s. 111. Regulations 49. Repeal of s. 112. Publication of Proclamations, etc 50. New ss. 109 to 112 Sugar-Cane Assignment Register Certificates by secretary Fees Limitation of liability 51. Increase in penalties PART III-AMENDMENT OF SUGAR MILLING RATIONALIZATION (FAR NORTHERN REGION) ACT 1987 52. Citation 53. Amendment of s. 11. Duration of re-zoning under s. 7

606 Oueenslana ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1989 An Act to amend the Regulation of Sugar Cane Prices Act 1962- 1986 in certain particulars and the Sugar Milling Rationalization (Far Northern Region ) Act 1987 in a certain particular [ASSENTED TO 5TH MAY, 1989]

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 607 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 and citation . This Act may be cited as the Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989. PART 11-AMENDMENT OF REGULATION OF SUGAR CANE PRICES ACT 1962-1986 2. Citation . (1) In this Part, the Regulation of Sugar Cane Prices Act 1962-1986 is referred to 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 1962-1989. 3. Amendment of s. 4 . Parts of Act. Section 4 of the Principal Act is amended by- (a) omitting the expression "(ss 6-15)" and substituting the expression "(ss 6-15A)"; (b) omitting the expression "(ss 42-59)" and substituting the expression "(ss 42-59A)"; (c) omitting the expression "(ss 60-61)" and substituting the expression "(ss 60-61D)"; (d) Inserting after the words "(ss. 90-96);" the following words:- "Division VIII-Cane Quality Evaluation Advisory Committee (ss. 96A-96D);" (e) omitting the expression "(ss 101-112)" and substituting the expression "(ss 101-115)". 4. Amendment of s. 5 . Meaning of terms. Section 5 of the Principal Act is amended by- (a) inserting before the words "Without limiting the operation" the expression "(1)"; (b) omitting the definition "Cane Tester Examining Board"; (c) in the definition "Owner of a Mill", "Mill-owner" omitting all words from and including "and the Corporation" to and including "of such Corporation"; (d) adding at the end thereof the following words:- "(2) For the purposes of this Act, the district served by each group of mills specified irx the second column of the following Table shall be a mill region under the name specified in the first column of the Table opposite each such group.

608 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 TABLE mill regions groups of mills Northern Region Mossman, Hambledon , Mulgrave, Babinda, Mourilyan, South Johnstone , Tully. Burdekin and Herbert Region Macknade , Victoria, Invicta, Pioneer, Kalamia, Inkerman. Mackay Region Proserpine , Farleigh , Racecourse, Pleystowe , Marian , Cattle Creek, Plane Creek. South Region Fairymead , Millaquin , Bingera, Isis, Maryborough , Moreton, Rocky Point. 5. Amendment of s. 8 . Members of Local Boards . Section 8 of the Principal Act is amended by- (a) in subsection (1) inserting after the words "The chairman" the words "and members"; (b) in subsection (2) omitting the word "elected" and substituting the words "appointed upon their election". 6. Amendment of s. 9 . Term of office . Section 9 of the Principal Act is amended by omitting the words "section ten" and substituting the words "sections 10 and 11 ". 7. Repeal of and new s. 11. Filling of vacancies . The Principal Act is amended by repealing section 11 and substituting the following section:- "11. Filling of vacancies . (1) If the office of a member of a Local Board (other than the chairman) becomes vacant during the currency of his term of office, at any time during the balance of that term, the Governor in Council, subject to subsection (1) and paragraphs (a) and (b) of subsection (2) of section 8, may appoint another person to fill the vacancy for the balance of the term. (2) The appointment of such a member shall be upon his election by, as the case requires, the cane-growers or the mill- owner as prescribed. (3) If the cane-growers or the mill-owner fail to elect as prescribed a representative to fill a vacancy, the Governor in Council may appoint any person to fill the vacancy and the person so appointed shall be deemed to be the representative in question.".

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 609 8. New s. 11A. The Principal Act is amended by inserting after section 11 the following section:- "11A. Deputy of chairman and members . (1) The Governor in Council for each term of office of the whole number of members of a Local Board may- (a) appoint a person who is not a member of the Local Board to be the deputy of the chairman of that Local Board, upon the recommendation of the Minister; (b) appoint a person who is not a member of the Local Board to be the deputy of a member who is a representative of the cane-growers, upon the person being nominated by the cane-growers as prescribed; (c) appoint a person who is not a member of the Local Board to be the deputy of a member who is a representative of the mill-owner upon the person being nominated by the mill-owner as prescribed. (2) A person appointed as a deputy of a member of a Local Board, if the member is absent from a meeting of the Local Board, may attend the meeting and discharge the functions, exercise the powers and performs the duties of the member whose deputy he is, including in the case of the deputy of the chairman, those of the chairman.". 9. Amendment of s. 13 . Meetings etc., of Local Boards. Section 13 of the Principal Act is amended by- (a) omitting the words "one hundred and eleven" and substituting the expression "115"; (b) omitting the words "and the remuneration of members thereof'. 10. New s. 15A. The Principal Act is amended by inserting after section 15 the following section:- "15A. Fees and allowances . (1) The chairman of a Local Board shall be entitled to be paid such fees and allowances for his services as chairman as are prescribed by the regulations. Fees and allowances to which the chairman of a Local Board is entitled under this section shall be paid to him by the Minister from the Sugar Cane Prices Fund. (2) A member of a Local Board who is a representative of cane growers shall be paid in respect of his services as a member such fees and allowances by the mill suppliers' committee for the mill with respect to which the Local Board is constituted as are determined by the mill suppliers' committee. The payment of such fees and allowances shall be an administrative cost of the mill suppliers' committee in question. (3) A member of a Local Board who is a representative of the mill-owner of the mill for which the Local Board is constituted shall be paid in respect of his services as a member such fees

610 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 and allowances by the mill-owner as are determined by the mill- owner. (4) Neither the Crown nor the Minister shall be liable to pay to a member of a Local board referred to in subsections (2) and (3) any amount in respect of his services as such as member. (5) The provisions of this section apply to a deputy of a member of a Local Board (including its chairman) as they apply to the member.". 11. Amendment of s. 16. Central Board . (1) Section 16 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words "five members" and substituting the words "three members appointed by the Governor in Council"; (ii) omitting the expression ";" where it occurs at the end of paragraph (iii) and substituting the expression " "• (iii) omitting paragraphs (iv) and (v); (b) in subsection (7), omitting the word "elected" and substituting the words "appointed upon his election"; (c) in subsection (8), omitting the word "elected" and substituting the words "appointed upon his election". (2) Upon the commencement of this Act, the persons holding office as members of the Central Board by virtue of paragraphs (iv) and (v) of subsection (2) of section 16 of the Principal Act (repealed by this section) shall cease to hold office as members. The foregoing provisions shall operate without prejudice to the continuance in existence of the Central Board or to the holding by the remaining members of the Board of their offices. 12. Amendment of s. 16A. Conduct of business of Local Board. Section 16A of the Principal Act is amended, in subsection (3), by inserting after the words "shall comply therewith." the following words:- "The Minister may from time to time direct the Central Board to exercise the power conferred upon it by this subsection to issue administrative guidelines to a Local Board and in so doing may determine the content of any such guidelines to the extent he thinks fit. The Central Board shall comply with a direction given by the Minister under this subsection.". 13. Amendment of s. 18. Term of office of members . Section 18 of the Principal Act is amended by omitting the words "section twenty" and substituting the words "sections 20 and 21".

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 611 14. Amendment of s. 21. Filling of vacancies . Section 21 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) If the office of a member of the Central Board, other than the Chairman, becomes vacant during the currency of his term of office, at any time during the balance of that term, the Governor in Council, subject to subsection (2) of section 16, may appoint another person to fill that vacancy for the balance of the term. The appointment of the member shall be upon his election by, as the case requires, the cane-growers or the mill- owners as prescribed. If the cane-growers or the mill-owners fail to elect as prescribed a representative to fill a vacancy the Governor in Council may appoint any person to fill the vacancy and the person so appointed shall be deemed to be the representative in question.". 15. Amendment of s. 22. Quorum , etc., of Central Board . Section 22 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) At any meeting of the Central Board- (a) the whole of the members shall constitute a quorum; (b) all the powers and authorities of the Board shall be exercisable at such a meeting if a quorum is present; (c) all questions shall be decided by a majority of members.". 16. Repeal of s. 24A. Powers of Central board in respect of mechanically harvested sugar-cane. The Principal Act is amended by repealing section 24A. 17. Amendment of s. 32. Assignments . Section 32 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- "(2) Where- (a) an assignment has been varied by an alteration pursuant to section 37B of the land to which it relates; or (b) an assignment has been disposed of wholly or partially, independantly of the land to which it relates pursuant to section 37A, the Local Board constituted with respect to the mill concerned with that assignment has jurisdiction to assign land to the mill to give effect to the alteration or, as the case may be, the transaction that effected the disposal.";

612 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 (b) in subsection (3), omitting paragraph (b) and substituting the following paragraph:- "(b) from time to time vary an assignment by adding further land to, or removing land from, or substituting other land for, the land to which the assignment relates;". 18. Amendment of s. 32A. Seasonal permit to use unassigned land. Section 32A of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning thereof and substituting the note "Seasonal permit to use unassigned land in same mill area as assigned land."; (b) omitting subsection (1) and substituting the following subsection:- "(1) The holder of land assigned to a mill may make application in writing to the chairman of the Local Board constituted with respect to the mill for a permit from the Local Board authorizing him to use land other than land to which his assignment relates for growing sugar-cane to honour his obligations as the holder of land to which the assignment relates for any season or seasons specified by him."; (c) in subsection (2), omitting from paragraph (b) the words "in the season" and substituting the words "in any season"; (d) omitting subsections (3) and (4) and substituting the following subsections:- "(3) A Local Board shall issue a permit upon an application made under this section if it is satisfied that- (a) the unassigned land the applicant seeks to use pursuant to the permit 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. (4) In determining an application under this section, the Local Board may- (a) receive evidence or information in such manner and from such sources as it thinks fit; and (b) subject to section 68, if it thinks fit conduct an oral hearing into the application and for that purpose cause the applicant and all other persons appearing to the board to have a sufficient interest to be notified in writing of the time and place when and where the board shall conduct the hearing.

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 613 (5) Every person notified of a hearing to be conducted by a Local Board under this section shall be entitled to appear before the board and to be heard on the matter of the application at the time and place so notified and at any time and place to which the board may from time to time adjourn the matter. (6) Subject to paragraph (b) of subsection (4), the determination of a Local Board of an application made under this section may be made at a meeting of the board or by means of a procedure authorized by the board from time to time under which the chairman shall ascertain the determination of the majority of the members of the board without a meeting being convened. (7) If a majority of the whole of the members of a Local Board approve that a permit should be issued upon an application under this section, the chairman shall sign and issue the permit to the applicant. If a majority refuses to so approve, the chairman shall notify the applicant in writing that his application has been refused. In the event of the members being equally divided in opinion with respect to such an application, the chairman in addition to his ordinary vote shall have a casting vote. (8) A permit issued under this section shall be of no force or effect for any season unless a copy of the permit or notification of its issue is lodged with the secretary of the Central Board at any time prior to a date 21 days before the day on which the chairman of the Local Board concerned with the permit signs the award of the Local Board made for that season.". 19. Amendment of s. 32B. Effect of s. 32A permit . Section 32B of the Principal Act is amended, in subsection (1), by omitting the words "for the season to which the permit relates" and substituting the words "for that season". 20. New ss. 32c to 32H. The Principal Act is amended by inserting after section 32B the following sections:- "32c. Seasonal permit to use unassigned land in another mill area. (1) The holder of land assigned to a mill may make application in writing to the chairman of a Local Board constituted with respect to another mill in the same mill region as the first mentioned mill for a permit authorizing him, for any season or seasons specified by him, to use land other than land to which his assignment relates for growing sugar-cane for delivery and acceptance for crushing at the mill for which the Local Board is constituted as if it were land assigned to that mill. (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 held by the applicant relates; (b) shall include or be accompanied by a plan on which shall be clearly delineated the land that the applicant

614 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 proposes to use for the purposes stated in the application; (c) shall be accompanied by a copy of the notification of the approval of the Local Board constituted with respect to the mill to which is assigned the land to which the applicants assignment relates obtained under section 32D. (3) A Local Board shall issue a permit upon an application made under this section if it is satisfied that- (a) the unassigned land the applicant seeks to use pursuant to the permit is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices; (b) the land referred to in paragraph (a) is situated in a location from which sugar-cane may be efficiently delivered to the mill with respect to which the Local Board is constituted; and (c) the mill referred to in paragraph (b) is capable of efficiently crushing the sugar-cane to be grown on the land referred to in paragraph (a). (4) Subsections ( 4) to (8 ) ( both inclusive) of section 32A apply in respect of applications for permits under this section as they apply in respect of applications for permits under section 32A. 32D. Application for approval by Local Board for purposes of permit under s. 32c. (1) A person who intends to seek a permit under section 32c shall first obtain the approval of the Local Board constituted with respect to the mill to which is assigned the land to which his assignment relates. (2) An application for an approval under this section shall be made in writing to the chairman of the Local Board concerned. (3) Subsections (4) to (7) (both inclusive) of section 32A shall apply in respect of applications for approval made under this section as they apply in respect of applications for permits under section 32A. (4) Where a Local Board grants an application under this section it may impose with respect to its approval of the issue of a permit under section 32c by another Local Board- (a) conditions determining the extent to which the applicant will be relieved of his obligations as the holder of land to which his assignment relates; (b) conditions determining the extent to which his exercise of rights under his assignment will be affected, for any season for which the permit is issued.

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 615 32E. Effect of s. 32c permit . (1) Upon a permit issued under section 32c taking effect in respect of a particular season- (a) sugar-cane grown on unassigned land pursuant to the permit shall, for all purposes, be deemed to be grown on land assigned to the mill for which the Local Board that issued the permit is constituted; (b) conditions imposed with respect to the approval granted under section 32D in relation to the permit shall have effect according to their tenor. (2) In no case shall the issue of a permit under section 32c be construed to increase the area of land to which an assignment relates. (3) A Local Board in making an award or the Central Board in making, adopting or varying an award- (a) shall determine a farm peak in respect of an assignment held by a person to whom a permit has been issued under section 32c as if that permit did not exist; (b) shall not determine a farm peak in respect of any land not assigned to a mill on which may be grown sugar-cane pursuant to a permit issued under section 32c. 32F. Effect of disposal of assignment upon s. 32A or 32c permit . (1) If- (a) an assignment is wholly disposed of by a transaction disposing of the whole of the land to which the assignment relates; and (b) immediately before the transaction takes effect there is in existence a permit issued under section 32A or 32c authorizing the disponor of the assignment to use land other than land to which the assignment relates for growing sugar-cane for delivery to a mill under this Act, then upon the transaction taking effect, the permit shall cease to be held by the disponor and shall be deemed to be issued to the disponee. (2) Except as is provided for by subsection (1), a permit issued under section 32A or 32c is not transferable. (3) If- (a) an assignment is wholly disposed of otherwise than by a transaction disposing of the whole of the land to which the assignment relates, or part of an assignment is disposed of by any transaction; and (b) immediately before the transaction takes effect there is in existence a permit issued under section 32A or

616 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 32c authorizing the disponor of the assignment or assignment part to use land other than land to which the assignment relates for growing sugar-cane for delivery to a mill under this Act, then, upon the transaction taking effect, the permit shall terminate. 32G. Total area of land under ss. 32A and 32c permits shall not exceed 15 per centum of assignment . It shall not be competent to a Local Board to issue a permit under section 32A or 32c, or to approve under section 32D the issue of a permit under section 32c, to a person who is the holder of land assigned to a mill so that in relation to any season the aggregate of- (a) the area of land in respect of which the permit is issued; and (b) the total area of land in respect of which all other permits under sections 32A and 32c issued to that person as the holder of that land assigned to a mill have been so issued, exceeds 15 per centum of the area of the land so assigned. Subject to the foregoing the holder of land assigned to a mill may apply for and be issued with any number of permits under sections 32A and 32c having effect in relation to a particular season. 32H. Assignment of lands to mills to increase total area of such lands . (1) The Central Board, upon being requested to do so by the Minister, shall consider and provide to the Minister its recommendation as to whether or not the total area of lands assigned to mills under this Act should be increased and as to the extent of any such increase, expressed as a percentage of the total existing area of such lands. (2) Upon receipt by the Minister of a recommendation from the Central Board recommending an increase in the total area of lands assigned to mills under this Act, the Minister may direct the Central Board to assign lands to mills to the extent of any increase determined by the Minister. (3) The Central Board shall assign lands to mills in accordance with the Minister's directions and as prescribed and in so doing may exercise the powers conferred upon it by section 32, (4) Without limiting the provisions of section 115 of this Act as to the making of regulations, regulations may be made under this Act for or with respect to- (a) applications to the Central Board for the assignment of lands pursuant to this section; (b) regulating the allocating of the increase in total area of lands assigned to mills under this Act to individual

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 617 applicants and giving priority to persons currently holding land assigned to mills; (c) authorizing the assigning of land held by an applicant to the same mill as is assigned land currently held by him or to a different mill; (d) authorizing the assigning of land pursuant to this section in stages until the authorized increase in total area of lands assigned to mills under this Act is exhausted; (e) subjecting assignments made pursuant to this section to conditions, including conditions suspending the effect of any assigning order until an applicant becomes entitled in law to use the assigned land for the purposes of the assignment; (f) authorizing the imposition of conditions by the Central Board; (g) providing for the cancellation of assignments made pursuant to this section upon a breach of a condition imposed with respect thereto; (h) any other matter necessary or desirable to achieve the purposes of this section.". 21. New s. 33A. The Principal Act is amended by inserting after section 33 the following section:- "33A. Re-zoning of assignment in uneconomic or exceptional circumstances . (1) The holder of an assignment, by notice in writing given to the Minister, may apply to have his assignment cancelled, or to have his assignment varied by the removal of land therefrom, and in substitution for the land that thereby ceases to be assigned to a mill, have other land assigned to another mill (hereinafter referred to as the rezoning of an assignment or assignment part). The Minister, in relation to any such application, may require the applicant to supply such further information and documentation as he thinks fit and may invite submissions from any source. (2) The Minister shall consider each appliction received by him under this section and if he is satisfied that- (a) the assignment as it currently exists is uneconomic or there are exceptional circumstances; and (b) substantial economic hardship will not be caused to any person and the administration of this Act will not be adversely affected by the rezoning, he may refer the application to the Central Board for further action. If the Minister decides that he will not refer the application to the Central Board he shall notify the applicant in writing, but

618 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 his decision not to so refer the application shall be final and conclusive. (3) Upon reference to the Central Board by the Minister of an application under this section the secretary of the Central Board shall cause to be notified in writing the applicant and every other person who appears to the Chairman to have a sufficient interest in the matter of the time and place where and when the Central Board will hear and determine the application. (4) Every person so notified shall be entitled to appear before the Central Board and to be heard on the matter of the application at the time and place so notified and at any time and place to which the Board may from time to time adjourn the application. (5) The Central Board shall grant an application under this section if it is satisfied that- (a) the applicant has an estate or interest in the land which is to be assigned to a mill by the Central Board if it grants the application such as will entitle him to use the land for the purposes of the assignment; (b) the land referred to in paragraph (a)- (i) is capable of producing commercial crops of sugar- cane when subjected to correct agricultural practices; and (ii) is situated in a location from which sugar-cane may be efficiently delivered to the mill to which the lands will be assigned if the Central Board grants the application; (c) the mill to which is to be assigned land by the Central Board if it grants the application is capable of efficiently crushing sugar-cane grown on the land; (d) the land that will be affected by loss of assignment if the application is granted is not subject to any mortgage or lease or sublease or if it is so subject, that the applicant has obtained the written consent of every mortgagee, lessor and sub- lessor concerned or that the requirement to obtain such consents should be dispensed with; and (e) the area of the land referred to in paragraph (a) is not greater than the area of the land that will cease to be assigned to a mill if the application is granted. (6) If the Central Board grants an application under this section it shall cancel or vary the assignment of the applicant and assign land to a mill in accordance with the application. Orders made by the Central Board under this subsection shall take effect upon their being made or from a date specified by the Central Board.

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 619 (7) Without limiting the powers that may be exercised by the Central Board for the purposes of this section, the Central Board upon making the orders specified in subsection (6) may- (a) exercise the powers conferred upon it by sections 29 and 32; and (b) may recommend to the Minister what modification should, in its opinion, be made in the respective quantities of sugar to be specified with respect to the mills concerned in the application under the Proclamation referred to in section 42 to be made with respect to the next succeeding year following the making of the orders referred to in subsection (6) in order to take into account the re- zoning of an assignment or assignment part caused thereby. A recommendation under paragraph (b) shall for the purposes of section 42 be deemed to be a recommendation made under subsection (3) thereof.". 22. Amendment of s. 37A. Disposal of assignments . Section 37A of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the word "and" where it occurs between paragraphs (d) and (e); (ii) adding at the end thereof, after the words "so disposed of the following words:- (f) whether the disposition is for a limited duration, and if it is, the duration thereof"; (b) in subsection (3) omitting the words "or (5), whichever is appropriate to the case," and substituting the words "and (5)"; (c) omitting subsections (4) and (5) and substituting the following subsections:- "(4) A transaction such as is referred to in subsection (3) shall be evidenced by a memorandum in writing signed by all parties to the transaction that specifies- (a) the name and usual place of residence of each party to the transaction; (b) the date on which the transaction was entered into; (c) the name of the mill concerned with the assignment to which the transaction relates; (d) the real property description of each parcel of land that will be affected by the transaction upon its taking effect; (e) the area of land to which the assignment relates and, in the case of a transaction providing for a partial

620 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 disposal, the area of land that will be affected by the disposal; (f) 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, (g) whether the disposition is for a limited duration, and if it is, the duration thereof. (5) A memorandum referred to in subsection (4)- (a) shall be endorsed with- (i) a certificate of the Local Board constituted with respect to the mill concerned with the assignment to which the memorandum relates, signed by its chairman 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)- (A) is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices; and (B) is situated in a location from which sugar-cane may be efficiently delivered to that mill; (ii) a statutory declaration made under the Oaths Act1867-1988 by the disponor of the assignment or assignment part being disposed of by the transaction stating- (A) that he is the holder of the assignment or assignment part being disposed of; (B) that the land that will be affected by loss of assignment when the transaction takes effect is not subject to any mortgage or lease or sub- lease or if it is so subject, that he has obtained the written consent of every mortgagee, lessor and sub-lessor concerned or in lieu of any such consent he has obtained the dispensation of the Chairman of the Central Board; and (b) shall be lodged with the secretary of the Central Board. If a statutory declaration such as is referred to in provision (ii) of paragraph (a) is false in any material particular the provisions of this subsection shall be taken not to have been complied with for the purposes of subsection (3).".

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 621 23. Repeal of and new s. 37B. Consent to disposal of assignment not to be unreasonably withheld . The Principal Act is amended by repealing section 37B and substituting the following section:- "37B. Varying of assignment by holder by alteration of lands. (1) The holder of an assignment, by notice under this section, may vary his assignment by- (a) removing land therefrom and adding land thereto; or (b) substituting other land for the land to which the assignment relates. (2) A notice under this section is of no force or effect unless- (a) the provisions of subsection (3) are complied with; and (b) upon the notice taking effect- (i) the assignment will relate to land in the same mill area as the land to which it related immediately before the notice takes effect; (ii) the area of land to which the assignment will relate upon the notice taking effect is not greater than the area of land to which it related beforehand; and (iii) the holder has an estate or interest in the land first mentioned in this paragraph (b) entitling him to use it for the purposes of the assignment. (3) A notice under this section- (a) shall be signed by the holder of the assignment; (b) shall specify- (i) the name and usual place of residence of the holder; (ii) the name of the mill concerned with the assignment; (iii) the real property description of land to which the assignment relates before the notice takes effect and the area of that land; (iv) the real property description of land to which the assignment will relate after the notice takes effect and the area of that land; (v) the quantum of farm peak that has been determined with respect to the assignment; (c) shall be endorsed with- (i) a certificate of the Local Board constituted with respect to the mill concerned with the assignment, signed by its chairman and dated, to the effect

622 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 that the land to which the assignment will relate after the notice takes effect- (A) is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices; and (B) is situated in a location from which sugar- cane may be efficiently delivered to that mill; and (ii) a statutory declaration made under the Oaths Act1867-1988 by the holder of the assignment stating- (A) that he is the holder of the assignment; and (B) that the land that will be affected by loss of assignment when the notice takes effect is not subject to any mortgage or lease or sub-lease or if it is so subject, that he has obtained the written consent of every mortgagee, lessor and sub-lessor concerned or in lieu of any such consent he has obtained the dispensation of the Chairman of the Central Board; and (d) shall be lodged with the secretary of the Central Board. If a statutory declaration such as is referred to in subparagraph (ii) of paragraph ( c) is false in any material particular the provisions of this subsection shall be taken not to have been complied with for the purposes of paragraph ( a) of subsection (2). (4) Notwithstanding the provisions of subsections (1) to (3) (both inclusive), a notice lodged in accordance with those subsections will 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 signs the award of the Local Board made in that year.". 24. Repeal of and new ss. 37D and 37DA. Application for Local Board 's Certificate. The Principal Act is amended by repealing section 37D and substituting the following sections:- " 37D. Dispensation from obtaining consent of mortgagee etc. If a mortgagee, lessor or sub-lessor of land to which an assignment relates, upon being requested so to do, refuses or fails to give to the holder of the assignment his consent to- (a) the disposal of the assignment or part thereof pursuant to subsection (3) of section 37A;

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 623 or (b) the variation of the assignment pursuant to section 37B, the holder of the assignment may apply to the Chairman of the Central Board for dispensation from obtaining the consent. The Chairman of the Central Board, upon being satisfied that any such consent is being unreasonably withheld, may grant to the applicant a dispensation from obtaining the consent. 37DA. Application for certificate of Local Board. (1) An application for a certificate of a Local Board to comply with the provisions of section 37A (5) or 37B (3) shall be made in writing to the chairman of the Local Board concerned. (2) Upon receipt of an application under this section, a Local Board may- (a) receive such information in such manner as it thinks fit; and (b) subject to section 68, if it thinks fit conduct an oral hearing into the application and for that purpose cause the applicant and all other persons appearing to the board to have a sufficient interest to be notified in writing of the time and place when and where the board shall conduct the hearing. (3) Every person notified of a hearing to be conducted by the Local Board shall be entitled to appear before the board and to be heard on the matter of the application at the time and place so notified and at any time and place to which the board may from time to time adjourn the matter. (4) Subject to paragraph (b) of subsection (2), the determination of a Local Board of an application made under this section may be made at a meeting of the board or by means of a procedure authorized by the board from time to time under which the chairman shall ascertain the determination of the majority of the members of the board without a meeting being convened. (5) If a majority of the whole of the members of a Local Board approve that a permit should be issued upon an application under this section, the chairman shall sign and issue the permit to the applicant. If a majority refuses to so approve, the chairman shall notify the applicant in writing that his application has been refused. In the event of the members being equally divided in opinion with respect of such an application, the chairman in addition to his ordinary vote shall have a casting vote.".

624 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 25. Amendment of s. 37E. Appeal from Local Board ' s decisions. Section 37E of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (a), omitting the expression "37D" and substituting the expression "37DA"; (ii) in paragraph (b), inserting after the expression "32A" the words "or 32c or for an approval under section 32D"; (iii) omitting the words "for the certificate or permit" where they occur in the general words following paragraph (c); (b) in subsection (2), omitting the words "the hearing" and substituting the words "any hearing"; (c) adding at the end thereof the following subsection:- "(6) Where under subsection (5) a decision is to be deemed to have been made by a Local Board to issue a permit under section 32A or 32c or to issue an approval under section 32D or to give a certificate under section 37DA, the chairman of the Local Board shall issue the permit, or the approval, or sign the certificate, in question.". 26. Repeal of and new s. 37F. The Principal Act is amended by repealing section 37F and substituting the following section:- "37F. Assignment of land consequent upon s . 37A disposal or 37B variation . As soon as practicable after it is satisfied that a transaction such as is referred to in subsection (3) of section 37A, or a notice such as is referred to in section 37B, has taken effect the Local Board constituted with respect to the mill concerned with the assignment in question shall in the exercise of its powers under subsection (2) and (3) of section 32, assign lands to a mill and cancel or vary any assignment to give effect to the transaction or notice.". 27. Amendment of s. 39 . Misrepresentation an offence . Section 39 of the Principal Act is amended by- (a) inserting before the words "A person" the expression "(1)"; (b) adding at the end thereof the following words:- "(2) For the purposes of subsection (1), a representation made in, or false information given in, a document lodged with the secretary of the Central Board shall be deemed to be a misrepresentation made to, or false information given to, the Central Board.". 28. Amendment of s. 42 . Central Board may recommend mill peak. Section 42 of the Principal Act is amended, in subsection (2A), by

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 625 omitting all words from and including "unless, since" to and including "increase in the total tonnage." and substituting the following words:- "unless the increase in the total tonnage is justified by one or more of the following reasons:- (a) that since the last preceding allotment there have been secured for sugar produced in Queensland additional stable and profitable markets sufficient to justify an increase in total tonnage; (b) that since the last preceding allotment there has occurred an increase in demand for sugar produced in Queensland on existing markets sufficient to justify an increase in total tonnage; (c) that since the last preceding allotment there has occurred an increase in demand for the growing of sugar-cane for research or cane breeding purposes sufficient to justify an increase in total tonnage.". 29. Amendment of s. 49 . Obligation of cane - grower disposing of sugar-cane grown on assigned land. Section 49 of the Principal Act is amended by inserting after the words "1959; or" at the end of paragraph (a) the following words:- "(aa) where the sugar-cane has present in or on it the residue of a chemical in an amount that exceeds the maximum residue limit of such a chemical prescribed for sugar-cane under the Chemical Usage (Agricultural and Veterinary) Control Act1988 or the sugar-cane has been exposed to a prescribed chemical or a prescribed chemical in a prescribed quantity or has present on it or in it a prescribed chemical or a prescribed chemical in a prescribed quantity; or". 30. Amendment of s. 50 . Obligation of mill - owner to accept sugar- cane grown on assigned lands . Section 50 of the Principal Act is amended by inserting after the words "1959"; or" at the end of paragraph (a), the following words:- "(aa) where the sugar-cane has present in or on it the residue of a chemical in an amount that exceeds the maximum residue limit of such a chemical prescribed for sugar-cane under the Chemical Usage (Agricultural and Veterinary) Control Act1988 or the sugar-cane has been exposed to a prescribed chemical or a prescribed chemical in a prescribed quantity or has present on it or in it a prescribed chemical or a prescribed chemical in a prescribed quantity; or". 31. Amendment of s. 54. Disputes tribunal . Section 54 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "one or more persons" the words "(including a chairman)";

626 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 (b) in subsection (3)- (i) omitting the expression ":" where it occurs after the words "competent jurisdiction" and substituting the expression "."; (ii) omitting all words from and including "Provided that" to and including "ninety-nine of this Act."; (iii) adding at the end of the section the following words:- "(4) A party to a dispute who is aggrieved by the decision of a tribunal set up under this section may appeal against the decision to the Central Board by notice of appeal lodged within 21 days, or such other period as may be approved at any time by the Central Board, with the secretary of the Central Board in, or to the effect of the prescribed form (if any) or in such other form as the secretary of the Central Board subject to the Chairman's directions permits. (5) The Central Board shall hear and determine every appeal made to it under subsection (4) and shall do so by way of a re- hearing. (6) At the hearing of an appeal- (a) the Central Board shall admit into evidence a copy of the record of the proceedings before the tribunal against whose decision the appeal is made certified as correct by the chairman of the tribunal; (b) each party to the dispute shall, if he so desires, be permitted to appear, to call evidence, to examine and cross-examine any witness and to address the Central Board. (7) The decision of the Central Board on any appeal under this section shall be final and conclusive.". 32. Amendment of s. 58 . Award to specify base price of sugar-cane. Section 58 of the Principal Act is amended, in subsection (8), by omitting the expression "one hundred and eleven" and substituting the expression "115" 33. New s. 59A. The Principal Act is amended by inserting after section 59 the following section:- "59A. Central Board may redirect sugar-cane. (1) The Central Board, upon an application made to it under this section, may order that in relation to a particular season sugar-cane specified by it grown on land assigned to a mill shall be delivered to, and accepted for crushing by, another mill. (2) An application under this section- (a) may be made by- (i) the owner of the mill to which is assigned the land on which the sugar -cane in question is grown; (ii) the mill suppliers ' committee for the mill referred to in subparagraph (i);

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 627 or (iii) the owner of the mill to which sugar shall be delivered under the order applied for under this section; (b) shall be commenced by notice in writing lodged with the secretary of the Central Board in, or to the effect of the prescribed form (if any) or in such other form as the secretary of the Central Board subject to the Chairman's directions permits. (3) The secretary of the Central Board shall cause to be notified in writing of the time and place when and where the application shall be heard and determined the applicant and every person who appears to the Chairman of the Central Board to have a sufficient interest in the matter. (4) Every person so notified shall be entitled to appear before the Central Board and to be heard on the matter of the application at the time and place so notified and at any time and place to which the board may from time to time adjourn the application. (5) The Central Board shall not grant an application under this section unless it is satisfied that- (a) the order sought is just and reasonable; and (b) the directions given, and conditions imposed by the board in relation to the order, are such as will provide sufficient protection to individual cane-growers from economic detriment arising as a result of the order. (6) If the Central Board grants an application under this section it shall make the order sought with such variations as it thinks fit and may impose such conditions with respect thereto as it thinks fit. (7) Subject to conditions imposed and to directions made by the Central Board under this section- (a) sugar-cane grown on lands assigned to a mill that is deliverable to another mill by virtue of an order given under this section shall be deemed to have been grown on lands assigned to the last mentioned mill; (b) the holder of an assignment relating to land assigned to a mill on which is grown sugar-cane deliverable to another mill by virtue of an order given under this section shall, for the purposes of giving effect to the order- (i) in lieu of being the holder of such an assignment, be deemed to be the holder of an equivalent assignment relating to the same lands deemed to be assigned to the last mentioned mill;

628 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 and (ii) in a case where he is the holder of a quantum of farm peak determined in respect of such an assignment, in lieu of being the holder of such a quantum of farm peak, be deemed to be the holder of an equivalent quantum of farm peak in respect of the assignment of which he is deemed to be holder pursuant to subparagraph (i); (c) the quantity of sugar-cane specified with respect to a mill under the Proclamation referred to in section 42 currently in force, shall- (i) in the case of a mill to which a quantity of sugar- cane is deliverable by virtue of an order given under this section, be deemed to be increased; and (ii) in the case of a mill to which the sugar-cane referred to in subparagraph (i) is no longer deliverable by virtue of an order given under this section, be deemed to be decreased, by the aggregate of farm peak quantum included in the quantity of sugar-cane referred to in subparagraph (i). (8) Without limiting the powers that may be exercised by the Central Board for the purposes of this section it may- (a) exercise any of the powers conferred upon it by section 29; (b) give directions- (i) varying the quantity of sugar-cane specified with respect to mills under the Proclamation referred to in section 42 currently in force; (ii) ordering that the provisions of this Act shall be modified or shall have effect as directed by it. Directions given by the Central Board under this subsection shall have effect according to their tenor. (9) A Local Board in making an award, or the Central Board in making, adopting or varying an award, in respect of an assignment relating to land on which is grown or to be grown sugar-cane deliverable to a mill other than a mill to which the land is assigned by virtue of an order given under this section, shall determine a farm peak as if the order had not been made. It shall not be competent to the Central Board, in exercising its powers under this section, to vary the quantum of farm peak determined in respect of any assignment.". 34. Amendment of s. 60 . Contracts outside Act . Section 60 of the Principal Act is amended by- (a) in subsection (1) omitting the words "or any other person";

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 629 (b) in subsection (2)- (i) inserting after the words "Any contract or agreement," the words such as is referred to in subsection (1)"; (ii) omitting the words "between a mill-owner or any other person and any cane-grower or any group of cane-growers". 35. Amendment of s. 61 . Agreements as to farm peaks . Section 61 of the Principal Act is amended, in subsection (2), by- (a) omitting all words from and including "Subject as provided" to and including "under subsection (1) of this section:"; (b) omitting the words "Provided that the" and substituting the word "The". 36. Amendment of s. 61B . Disposal of farm peaks . Section 61B of the Principal Act is amended, in subsection (3), by- (a) in paragraph (b) omitting subparagraphs (i) and (ii) and substituting the following words:- "(1) shall be endorsed with a statutory declaration made under the Oaths Act 1867-1988 by the disponor of the farm peak or farm peak part being disposed of by the transaction stating that- (A) he is the holder of the farm peak or farm peak part being disposed of; and (B) the land that will be affected by loss of farm peak when the transaction takes effect is not subject to any mortgage or lease or sub-lease or if it is so subject , that he has obtained the written consent of every mortgagee, lessor and sub-lessor concerned or in lieu of any such consent he has obtained the dispensation of the Chairman of the Central Board; and (ii) shall be lodged with the secretary of the Central Board."; (b) adding at the end thereof the following words:- "If a statutory declaration such as is referred to in subparagraph (i) of paragraph (b) is false in any material particular the provisions of this subsection shall be taken not to have been complied with for the purposes of subsection (2).". 37. Repeal of and new s. 61c. Consent to disposal of farm peak not to be unreasonably withheld . The Principal Act is amended by repealing section 61c and substituting the following section:- "61c. Dispensation from obtaining consent of mortgagee, lessor or sub - lessor . If a mortgagee, lessor or sub-lessor of land

630 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 that would be affected by loss of farm peak or farm peak part upon its disposal, refuses or fails to give to the holder of the farm peak or farm peak part his consent to its disposal, the holder may apply to the Chairman of the Central Board for dispensation from obtaining the consent. The Chairman of the Central Board, upon being satisfied that any such consent is being unreasonably withheld, may grant to the applicant dispensation from obtaining the consent.". 38. Amendment of s. 61D . Effect of disposal of farm peak . Section 61D of the Principal Act is amended by omitting subsection (3). 39. Amendment of s. 62. Appeal against award of Local Board. Section 62 of the Principal Act is amended, in subsection (3), by inserting after the word "Gazette" the words "or on such later date as may be approved at any time by the Central Board". 40. Amendment of s. 69. Evidence . Section 69 of the Principal Act is amended by omitting the words "or any Local Board" and substituting the words "a Local Board and a tribunal set up under section 54". 41. Repeal of and new s. 90. Cane Tester Examining Board. (1) The Principal Act is amended by repealing section 90 and substituting the following section:- "90. Manager , Cane Testing Service. The Central Board may, from time to time, appoint a person to be the Manager, Cane Testing Service, for the purposes of this Act.". (2) Upon the commencement of this Act- (a) the Cane Tester Examining Board constituted under the Principal Act shall cease to exist and its members shall cease to hold office; (b) the person who immediately before the commencement thereof was employed by the Central Board as the senior inspecting cane tester in charge of its cane testing service, shall be deemed to be appointed in accordance with this Act to be the Manager, Cane Testing Service, for the purposes of this Act; (c) a person, who immediately before the commencement thereof held the certificate of the Cane Tester Examining Board under section 91 of the Principal Act, shall be deemed to hold the certificate of the Manager, Cane Testing Service under section 91 of the Principal Act as amended by section 42. 42. Amendment of s. 91 . Appointment of cane-testers . Section 91 of the Principal Act is amended by omitting the words "Cane Tester Examining Board" wherever they occur and substituting the words "Manager, Cane Testing Service".

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 631 43. New ss. 96A to 96D . The Principal Act is amended by inserting after section 96 the following words:- "Division VIII-Cane Quality Evaluation Advisory Committee 96A. Establishment of committee . The Minister may establish a committee to be called the Cane Quality Evaluation Advisory Committee, the functions of which shall be- (a) to advise the Minister and the Manager, Cane Testing Service; (b) to discharge such other functions as are prescribed, or as the Minister may direct it to discharge. 96B. Membership of committee . (1) The Cane Quality Evaluation Advisory Committee (hereinafter referred to as the Committee) shall consist of three members of whom- (a) one shall be the person who from time to time holds the office of Manager, Cane Testing Service, who shall be a member ex officio and the chairman; (b) one shall be a representative of cane growers nominated by the Queensland Cane Growers' Council as prescribed; and (c) one shall be a representative of mill-owners nominated by the Australian Sugar Milling Council as prescribed. Members holding office by virtue of paragraphs (b) and (c) are in this Division referred to as the appointed members. (2) The appointed members of the Committee shall be appointed from time to time by the Minister as vacancies arise and each shall hold office until his office becomes vacant in accordance with subsection (3). (3) The office of an appointed member of the Committee shall become vacant if the member- (a) dies; (b) resigns his office by notice in writing to the Minister; or (c) is removed from office by the Minister. The Minister may remove an appointed member from office at any time by notice in writing given to the member. 96c. Proceedings of Committee . At any meeting of the Committee- (a) the whole of its members shall constitute a quorum; (b) the chairman shall preside; (c) all the powers and authorities of the Committee shall be exercisable at such a meeting if a quorum is present; (d) all questions shall be decided by a majority of members.

632 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 96D. Fees and allowances . (1) The Manager, Cane Testing Service, shall be entitled to be paid such allowances for his service as chairman of the Committee as are prescribed by the regulations. (2) Allowances to which the Manager, Cane Testing Service, is entitled under this section shall be paid to him by the Minister from the Sugar Cane Prices Fund. (3) An appointed member of the Committee shall be paid in respect of his services as a member such fees and allowances by the body that nominates him as its representative as are determined by the body. (4) Neither the Crown nor the Minister shall be liable to pay to an appointed member of the Committee any amount in respect of his services as such a member.". 44. Amendment of s. 105. Assessments on sugar-cane . Section 105 of the Principal Act is amended, in subsection (1), by omitting the words "immediately upon the termination of such season." and substituting the following words:- "in two instalments, of which- (a) the first instalment, being the assessment payable on sugar-cane received at a mill on and from the date of commencement of its crushing operations for the season up to and including the 30th September of the year in question, shall be due and payable within 14 days of the latter date; and (b) the second instalment, being the assessment payable on sugar-cane received at a mill on and from the 1st October of the year in question up to and including the date of the termination of the mill's crushing operations for the season, shall be due and payable within 14 days of the latter date.". 45. Amendment of s. 106 . Application of Fund . Section 106 of the Principal Act is amended, in paragraph (a), by inserting after the words "under this Act" the words "but not including remuneration of members of Local Boards other than chairman thereof or remuneration of the members of the Cane Quality Evaluation Advisory Committee other than the chairman thereof'. 46. Amendment of s. 108 . Returns by mill - owners and cane - growers. Section 108 of the Principal Act is amended by- (a) omitting subsections (1) and (2) and substituting the following subsections:- "(1) The Central Board from time to time by notice in writing signed by its secretary may require a mill-owner or a cane-grower to provide to it a return of such information as it thinks fit.

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 633 (2) A mill-owner or cane-grower who is required to provide to the Central Board a return of information pursuant to subsection (1) shall do so in the manner and within the time stipulated by the Central Board."; (b) in subsection (3) omitting the words "prescribed return" and substituting the words "return under this section". 47. Renumbering ss. 109 and 110 . The Principal Act is amended by renumbering sections 109 and 110 as sections 113 and 114 respectively. 48. Renumbering and amendment of s. 111. Regulations. The Principal Act is amended by renumbering the existing section 111 as section 115 and in subsection (1) of that section- (a) omitting paragraph (d); (b) in paragraph (i) omitting the words "Cane Tester Examining Board" and substituting the words "Manager, Cane Testing Service"; (c) omitting paragraph (n) and substituting the following paragraph:- "(n) procedures for taking and analysing samples of sugar- cane juice, the evidentiary value of prescribed certificates issued by prescribed persons concerning the taking and analysing of samples of sugar-cane and sugar-cane juice and the results thereof;". 49. Repeal of s. 112. Publication of Proclamations , etc. The Principal Act is amended by repealing section 112. 50. New ss. 109 to 112. The Principal Act is amended by inserting after section 108 the following sections:- "109. Sugar-Cane Assignment Register . (1) The secretary of the Central Board shall keep a register, to be called the Sugar- Cane Assignment Register showing- (a) the lands assigned to mills under this Act and the holders of the assignments; (b) farm peaks determined with respect to assignments; (c) cancellations, variations and transfers of assignments and farm peaks; (d) such other information as is prescribed and as the secretary, subject to the direction of the Chairman of the Central Board, thinks fit. (2) The mortgagee, lessor or sub-lessor of any land assigned to a mill may lodge notice of his interest in the land with the secretary of the Central Board upon payment to the secretary of the prescribed fee. Upon receipt of such a notice the secretary shall record in the register that the notice has been received and the tenor thereof. 21

634 Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 (3) Where a person whose interest is recorded in the register pursuant to subsection (2) ceases to hold the interest he shall forthwith lodge notice thereof with the secretary of the Central Board and if he fails to do so shall commit an offence against this Act. Upon receipt of such a notice the secretary shall record in the register that the notice has been received and the tenor thereof. (4) The register shall be kept in such form and manner that it may be inspected at the office of the Central Board and shall be available for inspection by any person upon payment of the prescribed fee. (5) An entry in the register of any particular, including an entry therein of the tenor of any notice received by the registrar, shall be sufficient notice of the particular or tenor of the notice to all persons who subsequently have dealings with respect to an assignment or farm peak or the land to which assignment or farm peak relates or any interest therein. 110. Certificates by secretary . (1) In any proceedings, a certificate purporting to be signed by the secretary of the Central Board stating- (a) that any document identified therein is a document lodged in the office of the Central Board or a copy thereof; (b) any information relating to the matters referred to in paragraphs (a) to (d) (both inclusive) of subsection (1) of section 109, whether the information relates to a particular time or period of time, shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters stated therein. (2) A certificate such as is referred to in subsection (1) may be issued at any time by the secretary of the Central Board to any person upon the payment to the secretary by the person of the prescribed fee. 111. Fees. A reference in section 109 and 110 to a prescribed fee is a reference to a fee determined by the Chairman of the Central Board from time to time. Any such fee paid to the secretary of the Central Board shall be paid by him into the Sugar Cane Prices Fund. 112. Limitation of liability . Liability at law shall not attach to the Crown or the members or secretary of the Central Board on account of any inaccuracy in, or omission of any matter from, the Sugar-Cane Assignment Register or a certificate issued in good faith under this section.". 51. Increase in penalties . The Principal Act is amended by, in each provision referred to in the first column of the following Table, omitting the expression specified in the second column of the Table opposite the

Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56 635 reference to that provision and substituting the expression specified in the third column of the Table opposite the reference to that provision. TABLE section 70 (3) section 76 (3) section 95 (2) section 98 (1) section 98 (1) section 98 (1) section 102 (1) section 103 (1) section 108 (3) section 108 (3) section 108 (5) section 111 (1) one thousand dollars two hundred dollars one thousand dollars two hundred dollars one thousand dollars one hundred dollars one thousand dollars two hundred dollars five hundred dollars one hundred dollars one thousand dollars two hundred dollars 130 penalty units 25 penalty units 130 penalty units 25 penalty units 130 penalty units 13 penalty units 130 penalty units 25 penalty units 65 penalty units 13 penalty units 130 penalty units 25 penalty units PART I11-AMENDMENT OF SUGAR MILLING RATIONALIZATION (FAR NORTHERN REGION) ACT 1987 52. Citation . In this Part, the Sugar Milling Rationalization (FarNorthern Region) Act 1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be referred to as the Sugar Milling Rationalization (Far Northern Region) Act 1987- 1989. 53. Amendment of s. 11. Duration of re-zoning under s. 7. Section 11 of the Principal Act is amended by inserting before the word "longer" the words "shorter or".