Rice Industry Stabilization Act 1973 (Qld)

49 ANNO VICESIMO SECUNDO ELIZA ET AE SECU ND AE REGINAE No. 12ofZ73 An Act to pro v ide for the stabi liza tion of the rice in dustry , an d €hr connected pu rpo s es [ASSENTED TO 11TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Rice Industry Stabilization Act 1973. 2. Co m mencement . This. Act shall commence on a day to be fixed by Proclamation. 3. Pads of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-RICE QUOTA COMMITTEE; PART III-RICE QUOTA APPEALS TRIBUNAL; PART IV-GROWERS' BASIC QUOTAS; PART V-GROWERS' ADJUSTED QUOTAS; PART VI-SPECIAL QUOTAS; PART VII-RIGHTS ATTACHING TO A QUOTA; PART VIII--DELIVERY OF RICE; PART IX-GENERAL.

50 Rice Industry Stabilization Act 1973, No. 12 4. Primary Producers' Orgy, ' ion and Marketing Acts preserved. This Act shall be read and construed with The Primary Producers' Organisation and Marketing Acts 1926 to 1966, and all Proclamations, Orders in Council and regulations thereunder for the time being in force (to the extent to which they relate to The Rice Marketing Board and to rice, or to either), and the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966, and of all Proclamations, Orders in Council and regulations thereunder (to the extent to which they relate to The Rice Marketing Board and rice, or to either) shall, save in so far as they are inconsistent with the express provisions of this Act, continue to apply to and with respect to The Rice Marketing Board and to rice and to rice growers and all persons and matters to or with respect to whom or which those provisions apply at the commencement of this Act. 5.. on of Act. This Act applies in relation to rice harvested in. Queeifblart.d in the season that commenced on the first day of March, 1973, and, all subsequent seasons. rt t: € -a Constitution . (1) If , by reason of the Cc . itution of the Commonwealth, a provision of this Act, or a notice undf a provisic of is Act, cannot validly apply in relation to any particular rice or class of rice, that provision or notice shall be construed as intended to operate in relation to all rice in relation to which it purports to apply, being rice in relation to which it can validly apply. (2) Subsection (1) is in addition to, and not in substitution for, any other provision relating to the construction of Acts and statutory instruments Subject to the Constitution. 7. 1. In this Act unless the contrary intention appears- "Appeals Tribunal " means the Rice Quota Appeals Tribunal cc.^Aituted under this Act; " the Board " means The Rice Marketing Board constituted under The Primary Producers' Organisation and Marketing Acts 1926 to 1966; 6 < Committee " means the Rice Quota Committee constituted under this Act; 46 grower's adjusted quota " means a grower ' s adjusted quota allocated by the Committee in accordance with this Act; 66 grower ' s basic quota " means a grower ' s basic quota allocated by the Committee in accordance with this Act; Minister " means the Minister for Primary Industries or other Minister for the time being charged with the administration of this Act: the term includes any Minister of the Crown temporarily performing the duties of the Minister administering this Act; 66 non-quota rice " means rice to which a grower's basic quota or a grower ' s adjusted quota or a special quota does not apply; 66 person "- includes any partnership or firm and any body of persons , corporate or unincorporate;

Rice Industry Stabilization Act 1973, No. 12 51 " Queensland rice quota " means the total quantity of rice approved by the Minister for allocation by the Committee in each quota year in accordance with the provisions of Part IV; " quota rice " means rice to which growers' basic quotas, growers adjusted quotas and special quotas apply; " quota year " means a period of any twelve consecutive months commencing on the first day of March; " season " means a summer season or a winter season; " shortfall " means- (a) in relation to an individual quota farm, the amount in any one season by which the grower's adjusted quota for that farm exceeds the quantity of rice available from that farm; (b) in relation to any one season, the amount by which the quantity of rice represented by the total of the allocated growers' adjusted quotas exceeds the quantity of rice delivered to The Rice Marketing Board in terms of such quotas; " special quota " means a special quota determined by the Committee in accordance with this Act; "summer season " means the period in a quota year commencing on the first day of September and ending on the last day of February next following; "'winter season " means the period in a quota year commencing on the first day of March and ending on the thirty-first day of August next following. PART II-RICE QUOTA COMMITTEE 8. Appointment of Committee. (1) For the purposes of this Act there shall be a Rice Quota Committee which shall have the functions, powers, authorities and duties conferred or imposed upon it by this Act. (2) The Rice Quota Committee shall consist of four members appointed by the Minister by notification published in the Gazette, namely- (a) the Director of Marketing; (b) three representatives of rice growers who shall be nominated by the Board from among the elected members of the Board for the time being in office: Provided that in the event of the failure of the Board to nominate a sufficient number of representatives of rice growers the Minister may appoint a sufficient number of persons who shall be deemed to have been nominated by the Board. (3) The Minister shall, on the recommendation of the Committee, appoint a member of the Committee to be chairman of the Committee. (4) Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of such office or shall be prohibited from engaging in employment other than such office, such provision shall be construed so as not to disqualify such holder from holding that office and also the office of a member of the Committee or from receiving and retaining any fees, allowances or expenses payable to him as a member of the Committee.

52 Rice Industry Stabilization Act I973, No. 12 9. Term of office i =rs. Subject to the provisions of section 10, the persons appointed as members of the Rice Quota Committee for the first term shall hold of ce from the date of appointment until the thirty-first day of December, 1975, and the persons appointed as members for any subsequent term shall,hold office for such period as may be prescribed. 10. ; atle 6 ' c. (1) A person who- (a) is r e undischarge '. bankrupt or talc - s advantage of the laws in -°3rce for the time beinn relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964; or (d) being a member, appointed on the nomination of the Board, ceases to be a member of the Board, shall not be capable of being or continuing to be a member of the Committee. (2) A. member of the Committee shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes incapable of continuing as a member; (d) if being a member appointed on the nomination of the Board he is.absent from three consecutive meetings of the Committee, of which due notice has been given to him, without leave granted by the chairman; (e) if he resigns such office by writing under his hand delivered to the Minister; or (f) if his appointment is revoked by the Governor in Council. (3) The attendance of the chairman or any other member of the Committee at the time and place appointed for a meeting shall be deemed to constitute presence at a meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall note in the minutes the name of the chairman or any other member who so attends. (4) Where the Governor in Council is satisfied that a member of the Committee has contravened or failed to comply with any provision relating to rice of any Act or with any provision of this Act he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of such member. (5) Notwithstanding any Act or law to the contrary, if a person is summarily convicted of an indictable offence, the conviction shall, for the purposes of paragraph (b) of subsection (1), be a conviction of an indictable offence.

Rice 7ndu s try Stabilization Act 1973, N o. 12 53 11. Filling of vacancies . In the event of any vacancy arising in the membership of the Committee through any cause whatsoever, the Minister may appoint another person as a member for the unexpired portion of the term of office of his predecessor, and any such appointment shall be made in the same manner as is provided in section 8 for the appointment of members. 12. Acting chai rman. The Minister may from time to time upon the recommendation of the Committee appoint any member of the Committee to act temporarily as chairman of the Committee during any absence of the chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the chairman. 13. Deputy for membe r. The Minister may at any time appoint a deputy for any member of the Committee (and in the case of the Director of Marketing may appoint more than one deputy), and any deputy so appointed shall, in the absence of the member for whom he acts, have the powers and authorities and shall perform the duties of the member whose deputy he is. 14. Presidin g at m s. (1) The chairman shall preside at all meetings of the Committee at which he is present. (2) If the chairman is unable for any reason to attend any meeting of the Committee, the acting chairman (if any) shall preside at the meeting. 15. Notice and ad j o urnm ent of meeting . (1) All meetings of the Committee shall be convened by the chairman who shall cause at least two dayg' notice to be given in writing to each member. (2) For the purposes of subsection (1) notice by telegram shall constitute sufficient notice in writing. (3) The Committee may unanimously decide that shorter notice may be given of any meeting either generally or in a particular case. (4) The chairman or the person presiding at the meeting may at any time during the course of any meeting of the Committee adjourn such meeting until such time and to such place as may be decided by the meeting. 16. Quorum . (1) At any meeting of the Committee, three members shall constitute a quorum and all the powers and authorities of the Committee may be exercised at any meeting thereof at which a quorum is present. (2) If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them or any one member, if only one is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment. (3) Nothing in this Act shall be construed so as to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.

54 Rice Industry Stabilization Act 1973, No. 12 17. Voting . ( 1) At any meeting of the Committee , all questions shall, subject to subsection ( 3) of section 15, be decided by a majority of votes of the members present. (2) If a member ( other than the member to whom subsection (3) of this section relates ) fails or refuses to vote he shall be deemed to have voted in the negative. (3) The Director of Marketing may refrain from voting on any question at his discretion. (4) The person presiding at the meeting of the Committee shall have a vote and, when there is an equal division of votes upon any question, shall have and may exercise a second or casting vote. 5) Notwithstanding any oth - )rovision of this Act, ;'; y chairman or i'lai : ^of tl Co.,.ii, _ may iy time ,(,z-;1_ :_ ry q uestio all nr C: 'rit " of , tembers of C ; : h< °r e '' force an, as a (:rcision m^__e wr a j c,erly cc r_. For the PL-,-- of this subsection a reference by te' f, - am sh^'1 c >titute a sufficient reference in writing. (6) An act or proceeding of the Committee shall nm be invalid or illegal in consequence only of the number of me ers of the Committee not being complete at the time of such act Wing. 10 its ov n Subject to this Act the Committee may regulate of the Com: e shill at : ;4T t ex( .ise voa- in rest--'- of allocation , cei `l )cation , , v ' rf `me, increase or re of any grower's basic quota or grower's adjusted quota or specia in respect of which he holds any pecuniary interest , and any n-: who holds any such ini ast shall declare that interest to the Comi and shall withdraw fro r , ny meeting of the Committee during discussion concernir : j ` - ower's quota. 2. a The Committee may at any ti; subcomn7 from aEnong i ts members to examine and recor.; the Comm:.: ee a J matter or thing relevant to its functions unc' r this Act. 21. M inutes . ( 1) The chairman of the Committee shall cause a record,to be kept of all decisions of the Committee whether made at a duly constituted meeting or by reference in writing and such record shall be presented to a subsequent meeting of the Committee for confirmation as to its correctness and shall thereupon be signed by the chairman and thereupon shall form part of the official minutes of the Committee. (2) Any record of a decision contained in such minutes may be tendered as evidence of such decision by the Committee at any hearing by the Appeals Tribunal or in any court and shall be judicially noticed.

Rice Industry Stabilization Act 1973, No. 12 55 22. Fees, allowances and expenses . The members of the Committee, including the chairman, shall be entitled to receive such fees or allowances, or fees and allowances, and such expenses as the Minister may from time to time approve. Any such approval may from time to time be revoked or amended. Any such approval with respect to any person may differ, according to class of payment or rate or both. class and rate and according to position held on the committee, from any approval with respect to any other person. 23. Finance . (1) All costs including fees, allowances and expenses associated with the functions and operation of the Committee shall be a charge against the Board and shall be recoverable from the Board. (2) Any charges imposed on the Board by virtue of this section shall be deemed to be a marketing expense incurred by the Board under and for the purposes of The Primary Producers' Organisation and Marketing Acts 1926 to 1966. 24. Accounts. (1) The chairman of the Committee shall cause true and regular accounts to be kept of all sums of money received and paid by or on behalf of the Committee for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid: Provided that with the approval of the Minister the chairman may arrange for the keeping of such accounts on behalf of the Committee by the Board (which is hereby thereunto authorized). (2) Such accounts as are kept in accordance with subsection (1) shall be audited by the Auditor-General or by a person appointed by the Auditor-General. The Auditor-General shall have with respect to such accounts all the powers conferred on him by the Audit Act 1874-1968. 25. Staff. The Committee may appoint a secretary and such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. Subject to the approval of the Minister, an officer of the Public Service may, in addition to the position which he holds therein, be appointed also the secretary to the Committee or an officer of the Committee. The Committee may with the approval of the Minister, arrange with the Board, which is hereby thereunto authorized, for the performance of secretarial and other duties in relation to the Committee. 26. Powers of Committee. The Committee shall, with respect to the functions conferred upon it by this Act, have power and authority from time to time to take such action and to obtain such information as in its opinion is necessary or expedient for the carrying into execution of the objects and intentions of this Act, and in particular but without in any way limiting the generality of the powers aforesaid may- (a) obtain the assistance of technical or other advisers who in the opinion of the Committee may be able to furnish information or advice which would be of assistance to the Committee in the performance of its functions, and defray such costs as may be incurred in obtaining such assistance;

56 Rice Industry Stabilization Act 1973, No. 12 (b) notwithstanding the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966, or any Order in Council or regulation thereunder , require the Board to furnish any information or copy of any record , document or writing which in the opinion of the Committee is relevant to any matter before it and which is in the possession of or is known to the Board or its agents, and the Board and its agents shall at all times make such information or copy of such record, document or writing available to the Committee; (c) inspect any rice farm either by the members of the Committee or by any person specifically authorized in that behalf by the chairman of the Committee. PART III-RICE QUOTA APPEALS TRIBUNAL 27. / tit r' 's Tribunal. (1) For the purposes of this Act, there shall be a Rice Quota Appeals Tribunal which shall have the functions, powers, authorities and duties conferred or imposed upon it by this Act. (2) The Appeals Tribunal shall consist of two members appointed by the Governor in Council by notification published in the Gazette, namely- (a) a barrister-at-law, a stipendiary magistrate, or a person who has been a stipendiary magistrate, who shall be chairman; (b) a person selected by the Minister from a panel of three persons nominated by the Board. (3) In the event of the failure or refusal by the Board to nominate a panel of three persons before a date specified in writing by the Minister in that behalf, the Governor in Council may appoint any person to be the second member of the Appeals Tribunal, and that person shall be deemed to have been duly nominated by the Board and to have been duly selected by the Minister. (4) A member of the Legislative Assembly of Queensland, or of the Parliament of the Commonwealth, shall not be qualified to be, or' to act as, a member of the Appeals Tribunal. 28. Te rm of o ffi ce of ; yrs . Subject to this Act, the persons appointed as members of the A -)peals Tribunal for the first term shall hold office from the date of appointment until the thirty-first day of December, 1974, and members appointed for any subsequent term shall hold office for such period as may be prescribed. 29. Disquag. urn and vacation of office. (1) Any person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964 shall not be capable of being or continuing to be a member of the Appeals Tribunal.

Rice Industry Stabilization Act 1973, No. 12 57 (2) A member of the Appeals Tribunal shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes incapable of continuing as a member; (d) if he resigns such office by writing under his hand delivered to the Minister; (e) if his appointment is revoked by the Governor in Council. (3) Where the Governor in Council is satisfied that a member of the Appeals Tribunal has contravened or failed to comply with any provision relating to rice of any Act or with any provision of this Act, he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of that member. (4) Notwithstanding any Act or law to the contrary, if a person is summarily convicted of an indictable offence, the conviction shall, for the purposes of paragraph (b) of subsection (1), be a conviction of an indictable offence. 30. Filling of va can cies. In the event of any vacancy arising in the membership-of the Appeals Tribunal through any cause whatsoever, the Governor in Council may appoint another person as a member for the unexpired portion of the term of office of his predecessor, and any such appointment shall be made in the same manner as is provided in section 27. 31. Acting chairman . The Governor in Council may at any time appoint a person qualified in accordance with paragraph (a) of subsection (2) of section 27 to act temporarily as chairman of the Appeals Tribunal during any absence of the chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the chairman. 32. Acting member. The Governor in Council may at any time appoint a person to act in the place of the member of the Appeals Tribunal, appointed in accordance with paragraph (b) of subsection (2) of section 27, during any absence of the member and whilst so acting that person shall have the same powers and authorities as the member for whom he acts. 33. Fees, allowances and expenses . The members of the Appeals Tribunal shall be entitled to receive such fees or allowances, or fees and allowances, and such expenses as the Governor in Council may from time to time approve. Any such approval may from time to time be revoked or amended. Any such approval with respect to a person may differ, according to class of payment or rate or both class and rate and according to position held on the Appeals Tribunal, from any approval with respect to another person. 34. Finance. (1) All costs including fees, allowances and expenses associated with the functions and operations of the Appeals Tribunal shall be a charge against the Board and shall be recoverable from the Board.

58 Rice Industry Stabilization Act 1973, No. 12 (2) Any charges imposed on the Board by virtue of this section shall be deemed to be a marketing expense incurred by the Board under and for the purposes of The Primary Producers' Organisation and Marketing Acts 1926 to 1966. 35. Accounts. (1) The chairman of the Appeals Tribunal shall cause true and regular accounts to be kept of all sums of money received and paid by or, on behalf of the Appeals Tribunal for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid: Provided, that with the approval of the Minister the chairman may arrange for the keeping of such accounts on behalf of the Appeals Tribunal by the Board (which is hereby thereunto authorized). (2) Such accounts as are kept in accordance with subsection (1) shall be audited by the Auditor-General or by a person appointed by the Auditor-General. The Auditor-General shall have with respect to such accounts all the powers conferred on him by the Audit Act 1874-1968. 36. Not' (1) All sittings of the Appeals Tribunal shall be convey . d by the i v^irnnan who shall cause at least two days ' notice to be given in writin to the other member. (2) For the purposes of subsection ( 1) notice by telegram shall constitute sufficient notice in writing. (3) The chairman or, in the event of an acting chairman having been appointed , the acting chairman, whilst acting as chairman, may adjourn any sitting from time to time and from place to place. 37. S ' , - ;. All sittings of the Appeals Tribunal shall, unless otherwise provided under this Act, consist of both members. 3 8 . D ecisio ns. (1) At any sitting of the Appeals Tribunal all questions shall, unless otherwise provided under this Act, be decided by both members and, in the event of an equality in voting , the chairman shall decide the issue. (2) The member to whom paragraph ( b) of subsection (2) of section 27 relates shall not take part in proceedings of the Appeals Tribunal in respect of any matter relating to any grower ' s basic quota or grower's adjusted quota concerning which he holds any pecuniary interest. (3) Where a member to whom subsection ( 2) relates is not able pursuant to that subsection to take part in the proceedings of the Appeals Tribunal, the matter shall be decided by the chairman. 39. Record of (1) The chairman of the Appeals Tribunal shall cause a record signed by him to be kept of all decisions of the Appeals Tribunal. (2) Any such record purporting to be under the hand of the chairman shall be evidence of the decision in question and, until the contrary is proved, shall be conclusive such evidence.

Rice Industry Stabilization Act 1973, No. 12 59 40. Staff . The Appeals Tribunal shall appoint or arrange for the services of a secretary and may appoint or arrange for the services of such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. 41. Powers of Appeals Tribunal. (1) For the purpose of exercising its functions under this Act, the Appeals Tribunal shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or the acting chairman, as the case may be; shall have all the powers of the chairman of such a Commission except such powers as are limited to a chairman of such a Commission who is a Judge of the Supreme Court. (2) Any witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such scale as may be prescribed or, in the absence of a prescribed scale, as may be determined by the chairman of the Appeals Tribunal. PART IV-GROWERS' BASIC QUOTAS 42. All oca tion of grower ' s basic quota. (1) Subject to this Act, growers' basic quotas up to the quantity of the Queensland rice quota for the time being shall be allocated by the Committee from time to time on such basis as may be prescribed. (2) Any person who desires to be allocated a grower's basic quota shall make application in the prescribed form and in the prescribed manner to the Committee. Upon consideration of such an application the Committee may- (a) refuse the application; or (b) grant to the applicant a grower's basic quota in accordance with the basis of allocation referred to in subsection (1) and otherwise in accordance with this Act. 43. Grower5s basic quota to attach to land and holder. A grower's basic quota shall attach to both the person to whom it is allocated and to the land specified in the allocation. Any rice produced by such person on any land other than the land specified in the allocation of a grower's basic quota shall not form part of that grower's basic quota or that grower's adjusted quota. 44. Qualifications of quota holders. A person shall not be qualified to hold a grower's basic quota unless- (a) he is the owner or lessee of the land to which the quota is to be attached, or (b) he satisfies the Committee that his interest in such land is such that the holding by him of a grower's basic quota would be fair and reasonable. 45. Transfer of grower ' s basic quota . (1) A grower's basic quota shall not be transferred from the holder thereof to any other person unless the holder thereof has obtained the prior approval in writing of the

60 Rice Industry Stabilization Act 1973, No. 12 Committee (which is hereby authorized to so approve) to such transfer and unless such other person is qualified to hold that grower's basic quota. (2) Where the holder of a grower's basic quota is the proprietor of more than one parcel of land to which one or more growers' basic quotas attach, he may with the approval of the Committee prior to planting rice transfer the. whole or part of the grower's ' basic quota or quotas attaching to one or more of such parcels of land to one or more of the remaining parcels of such land. 46. Forfeiture and reduction of quota. (1) Where a grower's basic quota has been allocated and the Committee is satisfied that- (a) there has been failure for any two successive quota years to plant a sufficient area to • rice to produce that quota; or (b) there has been failure for three successive quota years to produce that quota; or (c) the allocation of the quota was made in error or in consequence of any false document, statement or representation, or fraudulent document, statement or misrepresentation, the Committee may by notice call upon the holder of the grower's basic quota in question to show cause within the time specified in the notice why the Committee should not- (d) forfeit the grower's basic quota concerned; or (e) reduce the amount of the grower's basic quota concerned by such amount as is specified in the notice, and where sufficient cause is not shown within the time specified in the notice or within any extension of time which the Committee may allow, the Committee may deal with the grower's basic quota according to the tenor of the notice. (2) Where sufficient cause has been shown why the Committee should not forfeit the grower's basic quota, the Committee may, if it thinks fit, reduce the amount of the quota by such amount as it thinks fit. 47. Application for alloci ' i " or increase , (1) Any person to whom a grower's basic quo':. has not been allot;-:ed may make application to the Com-7ttee in the prescribed form and in the prescribed manner for the allocation of a grower's basic quota. (2) Any person holding a grower's basic quota may make application to the Committee in the prescribed form and in the prescribed manner for an increase in such quota. (3) Upon consideration of any such application , the Committee, having regard to the particular circumstances and notwithstanding anything contained in section 42, may- (a) refuse the application; or (b) grant the application by increasing the grower's basic quota by such amount as it thinks fit , or by allocating a grower's basic quota , as the case may be. (4) The Committee may at any time, irrespective of whether an application has been made or not , increase the grower ' s basic quota of any person.

Rice Industry Stabilization Act 1973, No. 12 61 48. Interim Quota Committee. (1) All determinations, allocations and actions of the Committee known as the " Interim Rice Quota Committee " (being a committee constituted by the Minister on the twenty-third day of March, 1972 by writing under his hand) made or taken prior to the commencement of this Act with respect to the allocation of growers' basic quotas and growers' adjusted quotas, the notification thereof and the submission and consideration of applications for such quotas shall be deemed to have been taken under this Act and shall have effect as if they had been made or taken by the Committee under and in accordance with this Act. (2) All costs including fees, allowances and expenses associated with the functions and operation of the Interim Rice Quota Committee shall be deemed to be an expense associated with the functions and operations of the Committee incurred in connexion with the administration of this Act and to have been properly paid. 49. Appeal. (1) Any person who is aggrieved by a decision of the Commitee- (a) upon an application made by him under section 42, 45 or 47 of this Act; or (b) forfeiting or reducing his grower's basic quota, may appeal against the decision to the Appeals Tribunal. (2) An appeal shall not be brought under this section unless- (a) it is limited to one or more of the following grounds of appeal, namely:- (i) that the decision of the Committee was not in accordance with this Act; (ii) that the decision of the Committee was manifestly unfair; (iii) that the decision of the Committee would cause severe personal hardship to the appellant; (b) it is made in the prescribed form which shall be accompanied by the prescribed fee, or if no fee is prescribed, a fee of $20; and (c) it is made within the prescribed time and in the prescribed manner. (3) The Appeals Tribunal may request the applicant to submit any information or document that it considers necessary within such time as is specified in the request. (4) The Appeals Tribunal shall hear and determine every appeal under this section and may by its decision confirm, vary or reverse the decision of the Committee. (5) Any appeal which the Appeals Tribunal considers frivolous or vexatious shall be dismissed by the Appeals Tribunal. (6) Where the Appeals Tribunal does not consider that an appeal is frivolous or vexatious, the fee as hereinbefore mentioned shall be refunded to the appellant. (7) The Appeals Tribunal shall advise the Committee of its decision and the Committee shall then take such action as is necessary to give effect to the decision of the Appeals Tribunal.

62 Rice Industry Stabilization Act 1973, No. 12 1iART V-GROWERS' ADJUSTED QUOTAS 50. Allocation of adjusted quotas . The Committee may from time to time during any season in relation to the holder of a grower's basic quota, allocate a grower's adjusted quota for that season, which quota shall be arrived at by taking into consideration- (a) the grower's basic quota; (b) any one or more types of shortfalls; (c) all allocations of growers' basic quotas in excess of the Queensland rice quota; (d) the quantity of rice delivered by the grower during the preceding season; and (e) such other considerations as may from time to time be prescribed or as may in the discretion of the Committee be deemed desirable. PAS F VI-SPECIAL QUOTAS of . iotas. (1) The Committee may in its discretion from ne to t allocate to any person a special quota in respect of a season for legi_imate experimental or educational purposes or both. (2) Notwithstanding anything contained in section 42, the quantity of rice grown pursuant to a special quota allocated under this section shall be additional to and shall not be deemed to form part of the Queensland rice quot-.. shall alt- ' t^ l ° e r son to v'I in the allocatio... ', special quota is alloca I a I to the land specified 53. Special quotas not to l . A special quota shall not be trans'-able from the holder the - if to any other person. 54. The holder of a special quota shall not be entitled to share in the allocation by the Committee of any shortfalls. PART VII-RIO' TS ATTACHING TO A QUOTA aching tj quota shall entitled- . (1) The holder of a grower's basic (a) to receive a grower's adjusted quota for each season, determined in accordance with this Act; (b) to share in the allocation by the Committee of any shortfalls on such basis as may from time to time be prescribed, or, in the event of such basis not being prescribed, on a basis determined by the Committee; (c) to deliver to the Board in a season all rice comprised in his grower's adjusted quota for that season and harvested during that season. (2) The holder of a special quota shall be entitled to deliver to the Board in a season all rice comprised in his special quota for that season and harvested during that season.

Rice Industry Stabilization Act 1973, No. 12 63 PART VIII-DELIVERY OF RICE 56. Delivery of rice . (1) Notwithstanding anything contained in The Primary Producers' Organisation and Marketing Acts 1926 to 1966 or in any Order in Council or regulation thereunder, the provisions of this section shall apply in respect of rice delivered to the Board. (2) The Board may in each or any season establish and operate- (a) a pool known as No. 1 Pool; and (b) a pool known as No. 2 Pool. (3) In any season in respect of which such Pools are established- (a) all quota rice delivered to the Board shall be included in No. I Pool; and (b) all non-quota rice delivered to the Board shall be included in No. 2 Pool. (4) The Board shall, out of the proceeds of rice disposed of by the Board, make payment to each quota holder for quota rice delivered by him to the Board and included in No. 1 Pool of that proportion of the net proceeds of the sale of all the rice included in No. 1 Pool which the amount of the rice delivered by him included in such Pool bears to all rice included in such Pool, with proper allowance for differences in the quality of the rice. (5) The Board shall, out of the proceeds of rice disposed of by the Board, make payment to each person for non-quota rice delivered by him to the Board and included in No. 2 Pool of that proportion of the net proceeds of the sale of all the rice included in No. 2 Pool which the amount of the rice delivered by him included in such Pool bears to all rice included in such pool, with proper allowance for differences in the quality of the rice. (6) The Board may in any season accept the delivery of quota rice in priority to non-quota rice. (7) The Board, after consultation with the Committee, may in any season refuse to,accept delivery of non-quota rice. PART IX-GENERAL 57. Limitation of liability . No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the Board; (c) any member of the Committee; (d) any member of the Appeals Tribunal; or (e) any officer of the Department of Primary Industries, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them or the Crown to any action, liability, claim or demand. 58. No restriction on re-6 , : ' at ent. Nothing contained in this Act shall prevent any person from being immediately, or at any time, re-appointed to any office or place under this Act if he is otherwise capable for the time being of holding that office or place.

64 Rice Industry Stabilization Act 1973, No. 12 59. Offences and penalties . (1) Any person who except with the prior approval of the Committee (proof whereof shall lie upon him) delivers to the Board any rice which he knows not to be part of his grower's adjusted quota or special quota for the time being, is guilty of an offence against this Act and is liable to a penalty not exceeding $1,000 and to the forfeiture to the Board of the rice in respect of which the offence was committed, and any payment made by the Board to any person, prior to the conviction of such person, for such rice is recoverable by the Board from the person to whom the payment was made as if it were a debt due and unpaid by him to the Board. (2) Any person who refuses or faits to furnish any information or record, return or other writing as required under this Act is guilty of an offence against this Act and is liable to a penalty not exceeding $100 and to an additional penalty not exceeding $10 for each and every day during which such person continues to refuse or to fail to furnish such information or record, return or other writing. (3) A person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act. (4) Any person guilty of an offence against this Act, if no specific penalty is provided for that offence, is liable to a penalty not exceeding $200. 60 . f. " - - y for offenc es by co- ' , etc. (I) Except where otherwise expressly provided in this Act, where a corporation offends against this A ct each and every one of the following persons shall be deemed to have committed the offence , and shall be liable to be proceeded against and punished accordingly , namely:- (a) the managing director, manager, or other governing officer, by whatever name called , and every member of the governing body, by whatever name called, thereof; and (b) every person who in Queensland manages or acts or takes part in the management , administration , or government of the business in Queensland of the corporation. (2) Subsection ( I) applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it. (3) Except where otherwise expressly provided in this Act, where any member of a partnership , firm, unincorporated body or association of persons commits an offence against this Act, the other member or members, as the case requires, of that partnership , firm, body or association shall be deemed to have also committed the offence and shall be liable to be proceeded against and punished accordingly. (4) No person who is proceeded against pursuant to this section shall be convicted if the Court is satisfied that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances. 6€. Recovery of l ; "ies. (1) All offences against this Act may be prosecuted in a summa-y way under The Justices Acts 1886 to 1968 upon the complaint of the chairman of the Committee, or of any person authorized by the Minister either generally or in the particular case.

Rice Industry Stabilization Act 1973, No. 12 65 (2) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. 62. Regulations . (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, for or with respect to- (a) the basis on which representatives of rice producers on the Committee may be nominated by the Board including the. definition of any districts necessary for such purpose; (b) any matter relating to the calling, conduct and adjournment of meetings of the Committee or any matter relating to the conduct of the sittings of the Appeals Tribunal; (c) providing for any matter concerning the records, finance, accounts or staff of the Committee; (d) providing for such additional functions. and duties to be performed by the Committee as may be considered to be desirable; (e) prescribing the basis of allocation or reallocation of growers' basic quotas to be adopted by the Committee and the fixing of maximum growers' basic quotas that may be granted by the Committee; (f) prescribing the basis of allocation of shortfalls to be adopted by the Committee; (g) providing for the determination and allocation of growers' adjusted quotas; (h) prescribing the basis on which the Committee may approve or disapprove of any transfer, amendment or forfeiture of a grower's basic quota; (i) prescribing forms under this Act, and the respective purposes for which such form or forms to the like effect may be used; (j) prescribing returns of any information, statistics and data and the persons or classes of persons who shall furnish such returns and the times and places of the furnishing thereof; (k) prescribing the amount of any penalty, but not exceeding in any case $200, for any contravention of or failure to comply with a regulation; (1) providing for the subscribing of declarations as to the truth of any statement, application or return or any part or parts thereof made pursuant to this Act; (m) all matters required or permitted by this Act to be prescribed; (n) all matters and purposes whether general or to meet particular circumstances that may be convenient for the administration of this Act or that may be necessary or expedient for carrying out the objects and purposes of this Act. (2) The power to make, with respect to any persons or any matters or things whatsoever, any regulation includes the power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things.

66 Rice Industry Stabilization Act 1973, No. 12 (3) The power to make regulations with .respect to any matter or- thing shall include the power to make regulations prohibiting that matter or thing either generally or to meet particular cases. 63. Publication of Orders in Council and regulations . (1) Every Order in Council and regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect on and from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other such regulation for its commencement when in such event it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, but, if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council or regulation has been laid before it disallowing the same or part thereof, that Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a further Order in Council or regulation.