Sugar Experiment Stations Act Amendment Act 1976 (Qld)

S53 (l ueenslank ANNO VICESIMO QUINTO EL1ZABETHAE SECUNDAE REGINAE No. 69 of 1976 An Act to amend the Sugar Experiment Stations Act 1900- 1973 in certain particulars and for another purpose [ASSENTED TO 6TH DECEMBER, 1976] 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 Experiment Stations Act Amendment Act 1976. (2) The Sugar Experiment Stations Act 1900-1973 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Sugar Experiment Stations Act 1900-1976. 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by inserting after the definition "Assigned land " the following definitions:- . Cane-grower "-A cane-grower within the meaning of the Regulation of Sugar Cane Prices Act 1962-1972; " Central Sugar Cane Prices Board "-The Central Sugar Cane Prices Board constituted under the Regulation of Sugar Cane Prices Act 1962-1972;".

85^t Sugar Experiment Stations Act Amendment Act 1976, No. 69 3. Amendment of s. 3H. Section 3H of the Principal Act is amended by in subsection (1)- (a) in paragraph (a) omitting the expression " appointment:" and substituting the expression " appointment;"; (b) in paragraph (b) omitting the words "The Board may " and substituting the word " May ". 4. New s. 4. The Principal Act is amended by inserting after section 3N the following section:- 4. Delegation by Board . (1) The Board may either generally or otherwise as provided in the instrument of delegation by resolution delegate all or any of its powers, authorities, functions and duties under this Act (including this power of delegation and the power to expend or invest funds of the Board) to the Director. (2) A power, authority, duty or function so delegated may be exercised or performed by the Director in accordance with the instrument of delegation. (3) A delegation under this section may be varied or revoked by resolution of the Board and does not prevent the exercise of any power or authority, or the performance of a function or duty by the Board.". 5. Amendment of s. 5. The Principal Act is amended by omitting the first paragraph of section 5 and substituting the following paragraphs:- " The Director shall have the general direction and control of property of the Board and staff of the Bureau of Sugar Experiment Stations. The Director may either generally or otherwise as provided in the instrument of delegation, by writing signed by him, delegate to an officer of the Bureau of Sugar Experiment Stations all or any of his powers, authorities, duties or functions (except this power of delegation). A power, authority, duty or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. A delegation is revocable at the will of the Director and does not prevent the exercise of any power or authority or the performance of a duty or function by him.". 6. Amendment of s. 12. Section 12 of the Principal Act is amended by in subsection (5) omitting the words " Central Board " and substituting the words " Central Sugar Cane Prices Board ". 7. Repeal of s. 16. Section 16 of the Principal Act is repealed. 8. Amendment of s. 17. Section 17 of the Principal Act is amended by in subsection (I)- (a) in the first paragraph omitting all words commencing with the words " every variety of sugar-cane the delivery of which is accepted " to the end of the paragraph and substituting the following words:- (i) every variety, the quantity of every variety and the area harvested for milling in respect of every variety of sugar-cane that was received and crushed by his mill;

Sugar Experiment Stations Act Amendment Act 1976, No. 69 S55 (ii) the quantity of every variety of sugar-cane that was received which, subsequent to crushing was condemned by his mill; (iii) the weighted average commercial cane sugar of every variety of sugar-cane received and crushed by his mill."; (b) in the second paragraph omitting all words commencing with the words " every variety of sugar-cane the delivery of which was accepted " to the end of the paragraph and substituting the words " details of the records he is required to make or cause to be made pursuant to the preceding paragraph in respect of that period."; (c) adding at the end of the subsection the following paragraph:- " For the purposes of this subsection the expression " commercial cane sugar " means commercial cane sugar as defined in the Regulation of Sugar Cane Prices Act 1962-1972.". 9. Amendment of s. 23 . Section 23 of the Principal Act is amended by in subsection (2) omitting the words " Central Board " and substituting the words " Central Sugar Cane Prices Board ". 10. Amendment of s. 24. Section 24 of the Principal Act is amended by in subsection (3) omitting the words " Minister, who may there-upon and substituting the words " Board, which may direct him to ". 11. Amendment of s. 25 . Section 25 of the Principal Act is amended by omitting the word " Minister " and substituting the word " Director ". 12. Amendment of s. 27. Section 27 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the word " Minister " where firstly occurring and substituting the word " Director "; (ii) omitting the words " Minister may " and substituting the words Director if so directed by the Board shall "; (iii) omitting the words " decision of the Minister " and substituting the words " direction of the Board "; (b) in subsection (2) omitting the word " Minister " and substituting the word " Director ". 13. Amendment of s. 29 . Section 29 of the Principal Act is amended by inserting after subsection (2) the following subsection:- (3) The Governor in Council may upon the recommendation of the Director (which may only be made subsequent to a request made to him pursuant to section 31 (lE)) by Order in Council require that all occupiers or owners of land in any cane pest and disease infected area defined in that Order shall- (a) give notice to an inspector within the time prescribed in respect of that area of the source from which they propose to obtain sugar-cane for planting or transplanting on their land, which notice shall describe the source in such a way as to enable it to be located by the inspector;

856 Sugar E,rperinient Stations Act Amendment Act 1976, No. 69 (b) have that source inspected by an inspector prior to planting or transplanting; (c) plant or transplant on their land only such sugar-cane as is approved by an inspector in writing in the prescribed form.". 14. Amendment of s. 30. (1) Section 30 of the Principal Act is amended by- (a) in paragraph (a) of subsection (2) inserting after the word "'c5nstituted " the words " or where a cane-grower is a body corporate its representative (who shall be a person actively engaged in growing sugar-cane) "; (b) in subsection (3) omitting the. words " five acres " and substituting the words " two hectares "; (c) in subsection (4) omitting the words " that owner " and substituting the words " the cane-grower or owner "; (d) inserting after subsection (4) the following subsection:- " (4A) If the member appointed pursuant to paragraph (c) of subsection (2) is unable to attend any meeting, the Director may appoint in writing another officer of the Bureau of Sugar Experiment Station s to attend the meeting in his room. and the officer so appointed may exercise the powers and perform the duties of such member accordingly.". (2) It is hereby declared that any person who was, prior to the commencement of this Act, elected to the office of member of a Cane Pest and Disease Control Board pursuant to paragraph (a) of section 30 (2) of the Principal Act and has since his election ceased to be qualified to hold that office may notwithstanding his having ceased to be so qualified continue to hold such office until his term of office expires and the acts or proceedings of that person, whether done or taken before or after the commencement of this Act, shall be as valid and effectual as if he had not ceased to he so qualified. 15. Amendment of s. 31 . Section 31 of the Principal Act is amended by inserting after subsection (Is) the following subsedtions:- " (le) A Cane Pest and Disease Control Board may invest moneys that are surplus in its funds in one or more of the following investments- (a) any form of interest bearing deposit. with a bank; (b) securities guaranteed by the Government of the Commonwealth or of the State; (c) with an authorized and approved dealer in the short term money market; or (d) other securities approved by the Governor in Council on the recommendation of the Treasurer. Every such security shall be held by such Board. For the purposes of this subsection the expression " authorized and' approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (h) is approved by the (iovernor in Council by Order in Council.

Sugar Experiment Stations Act Amendment Act 1976, No. 69 857 (In) The Minister may, upon the recommendation of the Sugar Experiment Stations Board, approve that a Cane Pest and Disease Control Board may for the purpose of carrying out its functions and duties borrow moneys on such terms and conditions as are approved by him. The Sugar Experiment Stations Board may guarantee the repayment of such moneys and payment of interest thereon. (IE) A Cane Pest and Disease Control Board may at such times as are prescribed resolve to request the Director that he recommend to the Governor in Council that an Order in Council be published in accordance with the provisions of section 29 (3).". 16. Amendment of s. 32. Section 32 of the Principal Act is amended by in paragraph (b) of subsection (I) omitting the expression " 5 cents and substituting the expression " ten cents ". 17. Amendment of s. 43. Section 43 of the Principal Act is amended by in subsection (5)- (a) omitting the words " Central Board within the meaning of " The Regulation of Sugar Cane Prices Acts, 1915 to 1938 " " and substituting the words " Central Sugar Cane Prices Board "; (b) omitting the words °' such Central Board " and substituting the words " such Board ". 18. Amendment of s. 44. Section 44 of the Principal Act is amended by in subsection (1) omitting the second paragraph and substituting the following paragraphs:-- " The Board may invest moneys that are surplus in its funds in any one or more of the following investments:- (a) any form of interest bearing deposit with a bank; (b) securities guaranteed by the Government of the Commonwealth or of Lite State; (c) with an authorized and approved dealer in the short term money market; (d) with the approval of the Treasurer, on first legal or first statutory mortgage of an estate in fee simple in land in any State or Territory of the Commonwealth; or first statutory mortgage of Crown land held on perpetual lease in the State; or (e) other securities approved by the Governor in Council on the recommendation of the Treasurer. Each such security shall be held by the Board. For the purposes of this subsection the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council.". 19. Amendments relating to penalties and decimal currency. The Principal Act is amended as set forth in the schedule to this Act. 28

858 Su g ar Experiment Stations Act Amendment Act 1976, No. 69 SCHEDULE [s. 191 AMENDMENTS RELATING TO PENALTIES AND DECIMAL CURRENCY Provision to be Amended Omit Insert Section 3L Section 9 (b) Section 12 (1) Section 12 (2) Section 17 (2) Section 18 Section 23 (3) Section 23 (4) Section 28 (9A) Section 31 (5) Section 41 (2) Section 42 (1) Section 49 (1) (13) one hundred pounds .. Seven thousand pounds (a) one hundred pounds (b) five hundred pounds five hundred pounds five hundred pounds (a) fifty pounds (b) five hundred pounds one hundred pounds one hundred pounds one thousand dollars twenty pounds (a) fifty pounds (b) one hundred pounds (c) ten pounds fifty pounds fifty pounds $1 000 S 14 000 S2000 510000 S 10 000 51 000 S500 $5 000 S1 000 S 1 000 S5000 $500 $500 $1 000 5200 $500 $500