Sugar Acquisition Act Amendment Act 1982 (Qld)

1034 ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 76 of 1982 An Act to amend The Sugar Acquisition Act of 1915 in certain particulars [ASSENTED TO 16TH DECEMBER, 1982]

Sugar Acquisition Act Amendment Act 1982, No. 76 1035 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:- 1. Short title and citation . (1) This Act may be cited as the Sugar Acquisition Act Amendment Act 1982. (2) In this Act The Sugar Acquisition Act of 1915 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Sugar Acquisition Act 1915-1982. 2. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting immediately preceding the definition of " Place " the following definition:- Miinniisstteerr " means the Minister for Primary Industries or other Minister of the Crown who at the material time is charged with the administration of this Act and includes any person who is temporarily performing the duties of the Minister;". 3. Repeal of s. 4 and new sections 4, 4A and 4B . Section 4 of the Principal Act is repealed and the following sections substituted:- " 4. Powers of the Minister . (1) The Minister may from time to time- (a) in relation to a particular matter, authorize the Sugar Board to arrange and maintain investigation and research in respect of raw sugar including the quality thereof, the process of manufacture and the materials used in manufacture and may direct that the research be funded from the proceeds of the sale of raw sugar acquired; (b) authorize the Sugar Board to make financial arrangements for programmes to improve the quality of raw sugar during manufacture, the quality of materials from which raw sugar is manufactured and to maintain the quality of raw sugar after manufacture. (2) The Minister may, in relation to the matters set out in subsection (1), request the Sugar Board to report to him with its advice and recommendation and may further request that the report contain particulars of the opinion of the bodies representing cane growing and sugar milling sections of the sugar industry and the Sugar Board shall so report. For the purpose of obtaining the opinion of the bodies representing cane growing and sugar milling sections of the sugar industry the Board shall supply to those bodies sufficient information to enable them to provide an opinion on the matter the subject of the report.

1036 Sugar Acquisition Act Amendment Act 1982, No. 76 (3) The Sugar Board may recommend, and where it so recommends the Minister may authorize any agent of the Government of the State of Queensland to pay to mill owners out of the moneys in the hands of the agent in respect of raw sugar acquired such sums as the Sugar Board recommends be paid from time to time. (4) In addition to any other powers conferred on the Minister his powers shall extend to- (a) matters related to the manufacture of raw sugar, the setting of standards of quality of raw sugar and any other matters that affect the quality of raw sugar; (b) the application of bonus payments and deductions based on recommendations of the Sugar Board under section 4n (2); (c) authorizing the entry into agreements anu approving expenditure recommended by the Sugar Board to facilitate the disposal of raw sugar produced or to be acquired and other process products associated with the manufacture of raw sugar. 4A. Constitution of the Sugar Board . (1) It is hereby declared that- (a) the Sugar Board constituted or purporting to be constituted by Proclamation dated 4th July, 1923 was validly constituted under the Principal Act and is and has always been, from the date of that Proclamation, validly constituted under this Act; (b) the Governor in Council has and always has had power to appoint members to the Sugar Board from time to time by Proclamation; (2) The Sugar Board shall be a body corporate under the name and style " The Sugar Board " which, by that name and style, shall have perpetual succession and a common seal, and shall be capable in law of suing and being sued and of acquiring, holding and disposing of land and other property, of granting and taking leases of land and other property, of entering into arrangements either alone or as a party to a joint venture for the development of land to facilitate the storage, disposal and marketing of sugar and carrying out those arrangements and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. For the purposes of this subsection " sugar " means sugar produced in Queensland and also that sugar produced in New South Wales which is purchased by the State of Queensland from the New South Wales Sugar Milling Co-operative Limited. All courts, judges, and persons acting judicially shall take judicial notice of the seal of The Sugar Board affixed to any document whatsoever, and, unless the contrary is proved, shall presume that it was duly affixed. (3) The exercise of the powers conferred by this section shall be in addition to the powers conferred by any other Act.

Sugar Acquisition Act Amendment Act 1982, No. 76 1037 4B. Approval for Sugar Board to Act in Certain Matters . (1) The Sugar Board may with the approval of the Minister act in respect of the manufacture of raw sugar, matters which affect the quality of raw sugar and any other matters relating to the delivery, treatment of, payment for, storage and disposal of raw sugar acquired or to be acquired. (2) The Sugar Board may recommend to the Minister standards of composition and quality to which raw sugar shall be manufactured and may recommend that he apply in respect of the standards attained bonus payments and deductions the net funding of which shall be from the proceeds of the sale of raw sugar acquired. (3) Upon receipt of advice from the Minister as to the standards to be attained and the bonus payments and deductions to apply, the Sugar Board shall notify the mill owners in relation to the standards and arrange for the bonus payments and deductions.". 3A. New s. 4C. The Principal Act is amended by inserting after section 4B the following section:- " 4C. Operation of ss. 4 and 4B . The provisions of sections 4 and 413 shall cease to operate on 31st October, 1984.". 4. Validity of certain past acts . The authority of the Principal Act to do any act or thing shall be deemed to have always extended to the doing of any act or thing of a description referred to in section 4 or 413 of the Sugar Acquisition Act 1915-1982 prior to the commencement of this Act notwithstanding the provisions of the Principal Act or the absence of or any defect in any approval or authorization required by the Principal Act in respect of the doing of any such act or thing.