Regulation of Sugar Cane Prices Acts Amendment Act of 1933 (24 Geo v No. 27) (Qld)

14744 SUGAR. Regulation of Sugar Cane Prices, Etc., Act. 24 GEO. V. No. 27, 24 GEO. V. An Act to Amend "The Regulation of Sugar Cane No. 27. THE Prices Acts, 1915 to 1931," in certain REGULATION OF SUGAR particulars. CANE PRICES A-CTS [ASSENTED TO 14TH DECEMBER, 1933.] BE AMENDMENT ACT OF 1933. it enacte~ by the KiJ?-g's Most Excellent Majesty, by and wIth the advIce and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short tiMe and con· struction. 1. This Act may be cited as "The Regulation of Sugar Cane Prices Acts Amendment Act of 1933," and shall be read as one with *" The Regulation of Sugar Cane Prices Acts, 1915 to 1931," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Regulation of Sugar Cane Prices Acts, 1915 to 1933." Amendments of the Principal Act. Amendmont 2. Section four of the Principal Act is amended as of s. 4. follows :- (a) The last paragraph of subsection two, beginning with the words" The persons designated" and ending with the words " such meeting," are repealed. (b) Subsection five is repealed and the following subsection is inserted in lieu thereof, namely:- " (5.) At any meeting of the Central Board three members shall form a quorum if the chairman of the Board is present or, in his absence, if three members (being the persons designated in paragraphs (ii.) and (iiL), respectively) and either of the persons designated in paragraphs (iv .) or (v.) are present; and all the powers of the Board shall be exercisable at any such meeting at which a quorum is present, and all questions shall be decided by a majority of members: Provided that where four members a,re present at a meeting, and the chairman of the Board, or a person appointed temporarily by the Governor in Council to be chairman as aforesaid during the absence of the chairman from the meeting, is one of them, in the event * 6 Geo. v. No. 5 and amending ACt.3, , ~ upra, pages 9887 et seq. (See Alphabetical Table).

SUGAR. 14745 1933. Regulation of Sttgar Cane Prices, Etc., Act. of the vote being equal, he shall have a vote and also a casting vote, but no other member acting as chairman at any meeting shall have a casting vote: Provided further that, and notwithstanding anything to the contrary contained in this Act, only those members of the Central Board designated in paragraphs (i.), (ii.), and (iii.) of subsection two of section four of this Act shall have the right to vote on the making, variation, or rescission of any award; and those members designated in paragraphs (iv.) and (v.) of the said subsection shall not have the right to vote on the making, variation, or rescission of any award, but shall have advisory .and consultative powers only in regard to the making, variation, or rescission of the award concerned." (C) The following provision is added to subsection :seven, namely:- " The Governor in Council may at any time when he thinks it necessary so to do appoint some person to be acting secretary of the Central Board for such period as the Governor in Council may think fit, and such person while acting secretary shall have all the powers and exercise the duties of the secretary accordingly. " 3. The following new subsection (2A) is inserted New sub- after subsection two of section five of the Principal s (2 e A ct ) i . on 5 Act, as follows :- " (2A.) Notwithstanding anything to the contrary Further contained in this Act, and without in any wise limiting the provisions powers of the Governor in Council or the Central Board ~ ~ ~ ~ ~ ~ ! nts. to grant, change, or cancel any assignment, in all cases where the owner of the assigned land is also the cane- grower the assignment in question shall remain until such time as the owner sells or leases his assigned land, whereupon such assignment shall lapse or be rescinded unless the Central Board has approved in writing of the terms of such sale or lease, as the case may be. Any such approval of the Central Board shall not be refused by it unless the Central Board is satisfied that the price and/or terms and/or conditions of sale or lease are unfair and unreasonable, and/or that the person to whom the sale or lease is desired is not a fit and proper person to hold an assignment. In all cases where the assigned land is being cultivated, but the cane-grower is not the owner, the

14746 SUGAR. RegttZ.ation of S1lgar Cane Prices, Etc., Act. 24 Goo. V. No. 27, assignment shall be for the duration of the lease or other title to the land of the cane-grower in existence at the commencement of *" The Regulation of Sugar Cane Prices Acts Amendment Act of 1933, ' ~ but shall within twelve months of the termination of such lease or title lapse unless the Central Board otherwise approves. Nothing in this subsection shall prejudice or affect the provisions of any contract of sale, mortgage, or lease of land entered into prior to and existing at the passing of *" The Regulation ofSugar Oane Prices Acts Amendment Act of 1933." The term "lease" in this subsection includes a. " sublease." For the purposes of this subsection, the Central Board shall not be deemed to be constituted and shall have no power 01' authority thereunder unless the chairman of the Central Board (being the judge appointed chairman thereof) shall preside at the meeting of the Central Board." Amendment 4. Section six of the Principal Act is amended by of s. 6. the addition after the second paragraph thereof of the following proviso, namely :- " Provided that a Local Board shall publish in its award in each year a list of "approved" varieties of sugar-cane; such list shall only contain all or any of such varieties as are set forth in the list as compiled and issued by the Director of the Bureau of Sugar Experiment Stations for the time being appointed under t" The Sugar Experiment Stations Acts, 1900 to 1923." " Amendment 5. The following new subsection (2A) is inserted of s. 13. after subsection two of section thirteen of the Principal Act, namely:- "(2A.) ·Where the Central Board makes an award the Central Board shall publish in its award in eaeh year a list of "approved" varieties of sugar-cane; such list shall only contain all or any of such varieties as are set forth in the list as compiled and issued by the Director of the Bureau of Sugar Experiment Stations for the time being appointed under t" The Sugar Experiment Stations Acts, 1900 to 1923." " * 24 Geo. v. No. 27 (this Act). t 64 Vic. No. 17 and 14 Geo. v. No. 27, supra, pages 3426 and 10847.

SUGAR. 14747 1933. Regtllation of Suga.r Oane Prices, Etc., Act. ~ - - - -- - -- - -- 6. Section twenty of the Principal Act is amended Amendment as follows:- of s. 20. (a) The following proviso is added to subsection four of the said section as follows :-- "Provided that a deduction not exceeding ten shillings per ton shall be made from the price in respect of any variety of sugar-cane not being an approved variety as prescribed in the award of the Local Board or of the Central Board; but this proviso shall not apply where the sugar-cane l1t the time of planting same was of (l then approved variety, and such deduction shall in no case exceed the amount which at the time of planting, prior to the passing of *"The Regulation of Sugar Cane Prices Acts Amendment Act of 1933," of the sugar-cane was agreed upon between the mill-owner and the cane-growers concerned: Provided always, that any cane which is the subject of experimentation by the Bureau of Sugar Experiment Stations constituted under t" The Sugar Experiment Stations Acts, 1900 to 1923," shall be declared by the Director of Sugar Experiment Stations to be "experimental cane," and as such shall be crushed \vithout any such deduction being made from the price." (b ) Subsection eight of the said section is amended by adding the words " grown on lands assigned to a mill and" aJter the words "Sugar-cane" occurring at the commencement of the said subsection; also the words " of any mill " are repealed and the words" of such mill" are inserted in lieu thereof. The words "grown on lands assigned to a mill and" shall be deemed to have been inserted in the said subsection as from the commencement of the Principal Act. 7. Section thirty-five of the Principal Act is Amendment amended as follows :_ of s. 35. (a) In the first paragraph the words" assigned to the mill " are repealed. (b) In the third paragraph (being the first proviso), before the words "Central Board" the words" Secretary of the" are inserted; also after the words "such * 24 Geo. V. No. 27 (this Act). t 64 Vie. No. 17 and 14 Geo. V. No. 27, supra, pages 3426 and 10847.

14748 SUGAR. Regulation of Sugar Cane Prices, Etc., Act. 2"1 GEO. V. No. 27, 1933. ""', conditions" the words "and compensation (if any)" are inserted; also the words " they think " are repealed and the words " he thinks " are inserted in lieu thereof. (c) After the third paragraph (being the first proviso), the follo'W'ing additional proviso is inserted, namely : - " Provided further, that any person who may feel himself aggrieved with respect to such compensation may within forty days of the despatch to him of the decision of the Secretary of the Central Board with respect to such compensation appeal to the Land Court constituted under *" The Land Acts, 1910 to 1932," and the provisions of such Acts shall apply and extend accordingly. The provisions of t" The Public Works Land Resumption Acts, 1906 to 1917," shall, mutatis mutandis, apply and extend in respect of any such appeal and determination of compensation accordingly." * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 .?I scg. "i" 6 Edw. VII. No. 14 and amending Acts, supra, pagos 8211 et scg. SUPERANNUATION, RAILWAY. See RAILWAYS. SUPER LAND TAX. See TAXATION.