Regulation of Sugar Cane Prices Act of 1915 (6 Geo v No. 5) (Qld)

7042 SUGAR. Regulation of Sugar Cane Prices Act. 6 GEO. V. No. 5, 6 Geo. V. An Aot to Provide for the Constitution of a Central N T o H . E 5. Sugar Cane Prioes Board and of Looal Sugar REGULATION Cane Prioes Boards, and to Regulate the 01' SUGAR CANE PRICES . Powers and Duties of suoh Boards, and for ACT OF 1915. other purposes oonsequent thereon. [ASSENTED TO 6TH OCTOBER, 1915.] 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 title. 1. frhis Act may be cited as "The Regulation of Sugar Cane Prices Act of 1915." Repeal of 4 Geo. V. No. 2. 2. (1.) "The Sugar G'l'owersAct of 1913"* is re- pealed. (2.) In section two of " The Sugar Growers' Empl'ol/ees dct 0/1913 "t the words "In ordel' to ensure the due administration of 'The Sugar Growers Act of 1913,'* and to carry into full effect the objects and purposes of that Act," are repealed. Interpreta- 3. In this Act, unless the context otherwise indicates, tion. the following terllls have the meanings respectively set out against them, that is to say,- , Award. " Award "-The award of a Local Board or of the Central Board or any decision of the Central Board having the effect of an award under this Act; Cane-grower. "Cane-grower "-Any person, company, corpora- tion, firm, or association growing, selling, and supplying sugar-cane to a sugar-mill for the purpose of its being treated and manufactured into sugar: the term (except for the purpose of being bound by an award) does not include any owner of a min growing sugar-cane and supplying the same to such mill, or selling and supplying the same to any other mill; Central Board. " Central Board "-The Central Sugar Cane Prices Board constituted by this Act; * 4 Geo. V. No. 2, 8upra, page 6035. t 4 Geo. V. No. 3, BUpra. p'age 6038.

SUGAR. 7043 1915. Regulation of Sugar Oane Prices Act. "Commercial cane sugar"-The estimated value Commercial of sugar-cane based upon analysis of its juice; cane sugar. cc Local Board "-A Local Sugar Cane Prices 13oardLocal Board. constituted under this Act; " Minister"-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being charged with the administration of this Act; "Owner of a mill," "Owner"- Any person, com- Owner of a. pany, corporation, firm, or association owning mill, Owner. or having the control of a sugar-mill; the term, where necessary, includes the manager or managing director or other person controlling the business of a mill, and includes the Cor- poration or the Treasurer created under and for the purposes of " The Sugar Works Guarantee Acts, 1893 to 190H,"* and" The Sugar Works Act of 1911,"t and "The Oq-operative Sugar Works Act of 1914,"t and any officer of such Corporation; " Prescribed "-Prescribed by this Act; Pre8cribed. "Regulations"-Regulations made under this Act; Regulatiqns. " Secretary"-The Secretary of the Central Board; Secretary. "Sugar-mill," "l\lill "-A sugar-mill to whiChSugar.miIl, sugar-cane is sold and supplierl for the purpose Mill. of being treated and manufactured into sugar; "'This Act "-This Act and all regulations and This .A.c·t. Orders in Council made thereunder. 4. (1.) A Central Sugar Cane Prices Board shall be Central ~ ugar constituted by the Governor in Council for the l)urposes ~~~ ;lrlcee of this Act. (2.) The Central Board shall consist of five members, namely-· CL) A District Court Judge, who shall be the chairman of the Central Board, and, notwith- standing anything contained in any other Act, shall be capable of being and acting as a member of the Central Board and chairman thereof; (ii.) A cane-growers' representative; * 57 Vie. No. 18, 59 Vie. No. 14, and 8 Edw. VII. No. 10, supra, pages 3417 et seq. t 2 Geo. V. No. 8, supra, page 5211. t 5 Geo. V. No. 84, 8upra, page 6391.

7044 SUGAR. Regulation of S'l:tgar Cane Prices Act. 6 GEO. V. No. 5, (iii.) A mill-ow-ners' representative; (iv.) A qualified sugar chemist; (v.) A person experienced in accountancy and audit. (3.) 'fhe cane-growers' representative shall be elected by ballot by the cane-growers of Queensland in manner prescribed by the regulations. The mill-owners' representative shall be elected by ballot hy the owners of sugar-mills within Queensland in manner prescribed by the regulations, one vote being allowed in respect of each mill : Provided that such representatives shall be chosen not later than a date to be fixed by the regulations. Upon failure by such cane-growers or mill-owners respectively to elect their representative, the Governor in Council shall appoint such representative. (4.) The regulations may make provision for the meetings of the Central Board and proceedings thereat, and the conduct of business of the Central Board. (5.) The Governor in Council may appoint a secretary of the Central Board and such chemists, inspectors, and other officers as may be deemed necessary for the purposes of this Act. (6.) For the purposes of this Act, the Central Board shall have and may exercise all the powers, authorities, and jurisdiction vested in them from time to time by the Governor in Council by an Order in Council. Local Boards. 5. (1.) Local Sugar Cane Prices Boards may be constituted by the Governor in Council by Order in Council for the purposes of this Act. The same Local Board shall only be constituted in respect of one mill and the land or lands assigned to such mill. (2.) 'fhe Order in Council shall declare the mill and the lands of the cane-growers in respect of which the Local Board in question is constituted: Provided that any cane-grower who is not bound by any agreement to supply sugar-cane to any mill-owner may dispose of the whole or any defined part of his crops of anyone season to any other mill-owner, provided he give notice to the Central Board of his intention so to do on or before the first day of March prior to the season in which he so desires to supply sugar-cane to a mill-owner otheJ;than that to which he supplied sugar-cane during the last preceding season.

1915. SUGAR. Regulation of Sugar Oane Prices Act. 7045 In making such Order in Oouncil the Governor in Council shall give due consideration to any recommenda- tions made by the Oentral Board. (3.) The provisions set forth in the Schedule to this Schedule. Act shall apply to the constitution of such Local Boards, and shall be observed. (4.) The regulations may make provision for the Business of meetings of Local Boards and proceedings thereat, and the Local Board. conduct of the business of Local Boards. 6. A Local Board may, with respect to the lands and Jurisdiction the mill for which they have been constituted, make an ~o~ l? tl award determining the price or prices to be paid and accepted hy the owner or owners of the mill and cane- growers, respectively, for sugar-cane sold and taken delivery of at the mill concerned, and determining all matters relating to such supply of sugar-cane and pay- ment therefor. 7. The award of a Local Board shall be signed by the Award of chairman and forwarded to the secretary not later than Local Board, the twenty-first; day of April after the constitution of the Local Board, or such later date as the Oentral Board for any special reason may fix; and the secretary shall fort.hwith publish the same in the Gazette: Provided that- (i.) If such award is not made and forwarded within the time herein prescribed, all the functions and jurisdiction of the Local Board so making default shall pass to and he exercised by the Oentral Board; and the award of the Central Board when made shall have the effect of an award under this Act; (ii.) A Ijocal Board may, if they think proper, dele- gate to the Oentral Board the power to make an award under this Act, whereupon the functions and jurisdietiol1 of such Local Board shall be supersPded and the award of the Central Board when made shall have the effect of an award under this Act. 8. (1.) Subject only to appeal to the Central Board, Awar,d ~ o an award of a Local Board shall, from a date fixed by the ~ : ~ : ~ nf~ ~ Local Board, take effect and have the force of law, and what period. shall not be in any manner liable to be challenged or dis- puted, and shall be binding on all owners of sugar-mills

7046 SUGAR. Regulation of Sugar Cane Prices Act. 6 GEO. V. No. 5, and cane-growers upon the lands to which the award applies, and shall remain in force for sach period not exceeding twelve months as the Locallloard may decide, and after the expiration of that period shall continue in force, unless the Central Board otherwise order, until a new award has been made. (2.) When the Order in Council constituting a Local Board is rescinded, such rescission shall not affect the operation of any award made by that Local Board and then in force. Appeal. 9. An appeal shall lie to the Central Board against any award of a Local Board or any part thereof. Such appeal may be brought by any owner of a mill or any twenty cane-growers bound 1)y the award, and shall be commenced within twenty-one days after the publication of the award in the Gazette. The pendency of an appeal against an award of a.,- Local Board or part thereof shall not, unless the Central Board otherwise order, suspend or delay the operation of the award or any part thereof. The Central Board shall hear and determine every sueh appeal, and their decision shall have the effect of an award under this Act. Oath of office. 10. Before the chairman or any member of the Central Board or of a Local Board, or secretary, chemist, inspector, or other offi.cer of such Boards, enters upon the duties of his office, he shall take and sign before a police magistrate an oath or affirmation that he will faithfully exercise and discharge the powers and duties of his office without fear of or favour to any person, and will not therein wilfully make any false or inaccurate statement, and will not disclose any matter or evidence before the Central Board or Local Board relating to- (a.) Trade secrets; or (b) The profits or losses or the nreceipts and outgoings of any owner of a mill or cane- grower; or (c) ffhe books -of an owner of a mill or cane- grower or witness produced before the Central Board or Local Board; or (d) The financial position of any owner of a mill or cane-grower or of any witness; and if he violates his oath or affirmation he shall be liable

SUGAR. 7047 1915. Regulation of Sugar Oane Prices Ac t. to a penalty not exceeding five hundred pounds, arid on conviction of such offence he shall cease· to hold office. Every such oath or affirmation shall be filed in the office of the secretary and recorded. . 11. The chairman of the Central Board or of any Chairman Local Board may require any per80n (including a member) :.a~iniste? giving evidence before the Central Board or .Local Board to oaths, &c. give his evidence on oath or affirmation, and for such purpose may administer an oath or take an affirmation. For the purposes of compelling the attendance of persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evi- dence or produce documents or writings in their possession or power, the chairman shall have all the powers and authorities of a Judge of District Courts. an aw 1 a 2 r d ( , 1s. h ) a A 11 Ltao k caelI . Bntooarcdonosrl ' th d eeraC ' telnOtrna- l Board, in making c M ino a n t fsi ~ ixd r ien s rga f t o I ~ On (a) The estimated quantity of sugar-cane to be prices. treated at the mill concerned; (b) The estimated commercial cane sugar contents of the sugar-cane; ((}) The crushing capacity and efficiency of the mill concerned: Provided that the fact (if it be so) that the machinery or appliances of a ,mill are defective or not of the best kind, or that the mill is inefficiently worked or managed, shall not constitute any ground for lowering the price of sugar-cane; (d) The labour conditions under which the sugar- cane' is grown, harvested, and delivered to the mill; (e) The selling price of sugar, raw and refined; (f) Any other local conditions; (g) Any prescribed matters. (2.) Such award may fix different prices, taking into consideration the different labour conditions under which the sugar-cane is grown, harvested, and delivered to t.be mill. (3.) In fixing a base price, deductions may ba allowed in respect of- , (a) Burnt, frosted, or diseased sugar-cane; or (b) Badly topped or trashy sugar-cane; or T

SUGAR. Regulation of Sugar Cane Prices Act. 6 GEO. V. No. 5, (c) Varieties of sugar-cane the growin~ of which has been disapproved by the Local Board with the sanction of the Central Board. {4.) When a Local Board is constituted, the mode of ascertaining the amount payable in respect of cane supplied to a mill shall in the award be the same with res.pect to each and every cane-grower supplyiflg cane to that mill. (5.) Every award shall be deemed to contain the following provision :- The base price fixed by this award may from time to time be changed, whether by increase or decrease, by a decision of the Central Board, if they are satisfied upon an application made to them by the Local Board or any party bound by the award that the circumstances or conditions existing ~ hen the award was made have so changed that a change in price is fair and just. And the base price fixed by this award shall thereupon be changed in accordance with such decision. . (6.) The regulations may provide that, notwithstand- ing any award, a lower price than that fixed by such award shall be payable to the cane-grower in any case where the labour conditions under which the sugar-cane is grown, harvested, or delivered to the mill are in any respect unsatisfactory to the Minister, and that in such case the difference between such lower price and the price fixed by such award shall be paid by the mill-owner to the Central Board, to be by them placed to the credit of the Sugar Cane Prices Fund. (7.) Sugar-cane supplied by any cane-grower and containing over seven per centum of commercial cane sugar shall not be refused to be taken delivery of and purchased by the owner of any mill. Award to be 13. There shall be kept printed, painted, or affixed posted up. in legible roman characters, in some conspicuous place at or near the entrance of every mill to which an award applies, in such a position as to be easily read by cane- growers, a true copy of t;he award. Breach of award. 14. (1.) If any cane-grower bound by an award fails to carry out or abide by the terms of the award by refusing to supply his sugar-cane to the mill in reasonable quantities a~ required, or disposes of his sugar-cane to any mill other than the mill to which under such award he is bound to supply his sugar-cane, then, in

SUGAR. 70419 1915. Regulatirm, of Sugar Cane Prices Aot. addi~ ion to any penalty or punishment to which such cane- grower may be liable, the owner of such mill may by his workmen enter in and upon the lands of the cane-grower and harvest his crop, paying to him the value of the same pursuant to the award after deducting the cost of harvesting and any other expenses incidental thereto : Provided that no cane-grower shall be compelled to supply his sugar-cane to the mill from any portion of his land where the then existing crop shall be estimated to yield less than eight tons of sugar-cane per acre. (2.) If any cane-grower or the owner or any mill . bound by an award fails to carry out or abide by the terms of the award, he shall be .guilty of a breach of the award. (3.) Any person, company, corporation, firm, or association who or which commits a breach of an award shall be liable, if a persol)., to a penalty not exceeding fifty pounds, or, if a company, corporation, firm, or association, to a penalty not exceeding five hundred pounds; and, in addition, the court by which the offender is convicted may, on motion or without motion, grant an order in the nature of an injunction to restrain such person, company, corporation, firm, or association from committing any further breach or non-observance of the award. If such person, company, corporation, firm, or association disobeys the said order, he shall, if a person, be liable to imprisonment with or without hard labour for any period not exceeding three months, or, if a company, corporation, firm, or association, it or they shall be liable to a penalty not exceeding fifty pounds for each and every day on which such disobedience takes place. (4.) For the purposes of this section the making of an award shall be regarded as an agreement entered into between each cane grower and owner bound by such award, and nothing herein contained shall be construed to deprive any person or company bound by the award of any civil right or remedy against any other person or company so bound to compel observance of the award according to its tenour or in respect of any breach of agreement or otherwise. 15. (1.) Any contract or agreement, whether entered· con~ racting into before or after the passing. of this A ct, between the ~ ~ : : li: t owner of a mill and any cane-grower which, if it were forbidden. valid, would have the effect of disentitling such cane-

7050 SUGAR. Regulation of Sugar Cane Prices Act. 6 GEO. V. No. 5, grower to the benefit of an award or of any of the pro- visions of this Act, shall to that extent he absolutely void and inoperative. (2.) All contracts or agreements, whether entered into before or after the passing of this Act, between the owner of a mill and any cane-grower, shall, in the case of contracts or agreemen.ts entered into before the passing of this Act not later than thirty days after the constitution of the Central Board, and in other cases not later than thirty days after the execution of the same, be filed in the office of the secretary; and no such contract or agreement shall thereafter have any force or effect unless or until it has been approved by the Central Board as being in conformity with this Act and fair and reasonable in all its terms: Provided that the Minister may, by notification in the Gazette, authorise the filing of copies of any such contracts or agl'eements in lieu of the original instruments, and, further, may exempt any contracts or agreements from the operation of this subsection. Return by 16. 1\ot later than the thirty-first day of January in gmriolwl- oewrsnaenrsd. eshacahll yfuearnr, isehvetroy tchaeneC-egnrotrwael rBaonadrderveetruyrnoswcnoenrtaoifniangmthilel prescribed particulars. Every such return shall be verified by statutory declaration under the "Oaths Act of 1867."* Intervention 17. The Crown may, where, in the opinion of the by the CrowD. Minister, the public interests are or would be likely to be I affected by the decision of the Central Board or the award of the Central Board or of a Local Board, intervene in any proceedings before the Central Board or such Local Board, and make such representations as it thinks necessary in order to safeguard the public interests. Representa- 18. On the hearing or determination of any matter tion of parties arising under this Act, whether before a Local Board or at hearmg. the Central Board, any party interested shall be entitled to appear and be heard, whether personally or by his agent duly appointed in writing in that behalf. Proceedings .19. (1.) Proceedings in respect of offences against this ~ ~ ~ ~ ! rf; e8 Act shall be by complaint, and be heard and determined in a summary manner by a police magistrate under "The Justices Acts, 1886 to 1909."t * 31 Vic. No. 12, supra, page 2281. t 50 Vic. No. 17 and amending Acts, Bupra, pages 1132 et Beq.

1915. SUGAR. Regulation 01 Sugar Oane- PriCe8 Act.7051 (2.) Any person who commits an offence against this ~ ct for which no penalty is expressly proiVided shall be lIable to a penalty not exceeding twenty pounds. . 20. (1.) There shall be established a fund to be called Su~ ar Cane "The ~ ugar Cane Prices Fund," out of which shall be paid Prices Fund. all expenses incurred by the Governor in Council or the Minister or the Central Board or any Local Board in the execution of this Act. . (2.) The fund shall be administered by the Central Board, and shall be audited from time to time by officers . of the department of the Auditor-General. . (3.) The Central Board may make and levy an assess- ment of one penny on every ton of sugar-cane received at a mill, or such other sum per ton as the Governor in Council may at any time fix by Order in Council. Such assessment shall be paid by the owner of the mill to the Minister, on the first day of every month, upon the actual number of tons of sugar-cane received at the mill during the preceding month. Such assessment shall, however, be borne by the cane~ grower for every ton so supplied by such cane-grower. The amount of th~ assessment shall be a debt due from the owner of the mill to the Central Board and .recoverable at the suit of the Minister accordingly, but the owner of the mill may deduct from the price of the sugar- cane each cane-grower's proportion of such assessment. All assessments. levied under this Act shall be paid into the fun4. . . 21. (1.) A copy of the Gazette containing an Order Orders in in Council purporting to be made by the Governor in Council. Council under this Act shall be conclusive evidenj:!e of the making of such Order, and such Order shall not be liable to be challenged or disputed in any 'court whatever. No Order in Council purporting to be made under this Act, and being within the powers conferred on the Governor in Council, shall he deemed invalid on account of . any non-compliance with any of the matters required by·· this Act as preliminary to the same. No misnomer or inaccurate description or omission in or from any Order in Council made under this ..I. \.ct shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter, provided .the same is designated so as to be understood.

'1952 SUGAR. Regulation of Sugar Cane Pyiccs Act. 6 GEO. V. No. 5, rrhe Governor in Council may, by another Order in Council published in the Gazette, amend or rescind any Order in Council made under this Act. Evi.dence of (2.) An office copy of or copy of the Gazette containing award. an award, order, decision, or other act of the Central Board or of a Local Board, shall be received in all courts and tribunals and before all persons as evidence of such award, order, decision, or other act without further proof; and it shall not be necessary to prove any condition precedent entitling the Central Board or Local Board to make the decision, order, or award. Regulations. 22. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insnfficiency. (2.) The regulations may fix a penalty, not exceeding in any case one hundred pounds, for any breach thereof. (a.) All such, regulations shall be published in the Gazette, and thereupon, subject to subsection four hereof, shall be of the same effect as if they were contained in this Act. . \ Such regulations shall be laid before both Houses of Parliament within fourteen days after such publication, if Parliament is in session, and, if not, then within fourteen days after the commencement of the next session. (4<.) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease, to have effect, but without prejudice to the validity of anything done in the meantime.

1915. SUGAR. Regulation of SurJar Cane Prices Act. SCHEDULE. PROVISIONS RELATING TO THE CONSTITUTION OF LOCAL BOARDS. 1. Application for the constitutIon of a Local Board may be made Application. to the Minister in the prescribed form by- . (a) The owner or owners of any particular mill; or (b) Any number of cane-growers, not being less than twenty of those growers who supplied sugar-cane during the year then last past to the particular mill for which the Local Board is required. 2. Such application may be made not later than the thirty-first Date of day of January in any year. application. 3~ Upon the receipt of such application, the Minister may cause Inquiry. to be made such inquiry into the matter as he thinks proper, and may recommend to the Governor in Council that a Local Board shall be constituted in accordance with the terms of the application or with any such modification thereof as he thinks necessary. 4. Thereupon the Governor in Council may, by Order in Council Coustitution. made not later than the first day of March next succeeding the application, constitute such Local Board, declare the number of its members, and assign a name to the Local Board. 5. A Local Board shall consist of not less than two nor more than Members of four members and a chairman, as shall be declared in the Order in Local Board. Council. The chairman of the Local Board shall be appointed by the Governor in Council, and shall hold office during the pleasure of the Crown.' . 6. One-half of the other members of a Local Board shall be Representa- appointed as representatives of the owner or owners of the mill, and tives. one-half as representatives of the cane-growers. The regulations may prescribe all matters in relation to the election of representatives of cane-growers: Provided that- (a) No cane-grower shall be entitled to more than one vote; and (b) No cane-grower shall be entitled to vote unless he is culti- vating with sugar-cane an area of at least five acre~ ! . 7. Subject to this Act- Term of office. (a) Appointments as members of a Local Board other than the chairman thereof shall be for one year only, but any member of a Local Board may, on the expiration of his term of office, be reappointed; (b) The chairman of a Local Board shall be deemed to be a member thereof. '8. The Governor in Council may, on the recommendation of the Removal of Central Board, at any time remove any member of a Local Board and, member. in accordance with this Act, appoint another member in his stead. 9. If the Order in Council appointing a Local Board is rescinded, Rescission of the members of such Local Board shall forthwith cease to hold office. Order.

7054 SUGAR. RegulaUQn of Sugar Oane Prices Act. 6 GEO. V. No. 5, 1915. Eleotion of Local Board. 10. Within thirty days after a notification by the secretary, published in the Gazette, of the constitution by the Governor in Council of a Local Board, the owner or owners of the mill and the cane-growers shall eleot by ballot their respeotive proportions of suoh Looal Board. '. The names of the persons so eleoted shall be filed in the office of the Central Board. If the seoretary is satisfied that suoh persons have been duly eleoted, he shall forward a oertificate to that effeot to the Minister. The seoretary shall refer to the Central Board any matter of dispute arising with respect to any suoh eleotion, and the Central Board shall inquire into the same, and may order the secretary to forward the prescribed certifioate, or order a fresh election, or make any other order in the premises. as they think proper; and every suoh order shall be final and without appeal. Appointment. 11. Upon receiving the aforesaid o.ertificate, the Governor in Counoil, by notice published in the Gazette, shall appoint the persons named therein as representatives of the owner or owners of the mill and representatives of cane-growers to be members of such Local Board : Default in election. 12. Provided that, if the owner or owners of the mill or the oane- growers fail to make suoh election within the time herein limited, the Governor in Counoil shall, by notioe published' in the Gazette, appoint persons as representatives of suoh owner or owners or cane- growers fa.iling. to make such election. Vacancies., how filled. 13. If any vacancy occurs from any cause whatsoever in a Local Board, it shall be filled by election as aforesaid by the owner or owners of the mill or cane-growers whose representative has caused suoh vacancy, and the Governor in Council, by notice published in the Gazette, shall appoint the person so elected, or, in default of such election within fourteen days after the vacancy has arisen, he shall, by not.ice as aforesaid, of his own motion appoint some person as representative of the owner or owners or cane-growers (as the case may require) for the unexpired portion of the term of office of the member who has vacated his seat.. Temp?rary 14. Notwithstanding anything herein contained, the times limited rbv181on: 9i~ r for making applioation for the constitution of a Local Board and for e year . the constitution of such Local Board and for the making and for- warding of the award of such Looal Board during the year one thousand nine hundred and fifteen may. be fixed respectively by the Minister by notification in the Gazette, and the award of such Local Board or of the Central Board, as the case may be, may be made retrospective so as to cover a price for -the whole of the sugar season of one thousand nine hundred and fifteen, and the owner of the mill and the cane suppliers oonoerned shall be entitled or liable, as the ease may be, to be repaid or to pay any sums overpaid or owing under such award in respect of cane supplied prior to the making of such award.