Sugar Experiment Stations Act Amendment Act 1983 (Qld)

247 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1983 An Act to amend the Sugar Experiment Stations Act 1900- 1981 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

248 Sugar Experiment Stations Act Amendment Act 1983, No. 23 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 . This Act may be cited as the Sugar Experiment Stations Act Amendment Act 1983. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Sugar Experiment Stations Act 1900-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Sugar Experiment Stations Act 1900-1983. 4. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by- (a) omitting the definition " Minister " and substituting the following definition:- MMiinniisstteerr "-The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: The term includes a Minister of the Crown who is temporarily performing the duties of the Minister;"; (b) inserting after the definition " Director " the following definition:- " Direeccttoorr-- GGeenneerarlal "-The Director-General for the time being of the Department of Primary Industries;"; (c) omitting the definition " Under Secretary ". 5. Amendment of s. 3A. Establishment of Sugar Experiment Stations Board . Section 3A of the Principal Act is amended by in subsection (2), in subparagraph (b) omitting the words " Under Secretary " and substituting the word " Director-General ". 6. Repeal of s. 3F. Section 3F of the Principal Act is repealed. 7. Amendment of s. 3G. When Board to furnish reports and information to the Minister . Section 3G of the Principal Act is amended by, in subsection (1), omitting the words " Under Secretary " and, substituting the word " Director-General ". 8. Amendment of s. 3H . Section 3H of the Principal Act is amended by in subparagraph (b) of subsection (1) inserting after the expression " inspectors," the words " honorary inspectors ".

Sugar Experiment Stations Act Amendment Act 1983 , No. 23 249 9. Amendment of s. 3J. Expenditure , accounts and audit . Section 31 of the Principal Act is amended by omitting subsections 2, 3 and 4 and substituting the following subsections:- " (2) The Board shall cause books and accounting records to be provided and kept and true and regular accounts to be kept therein- (a) of all monies received and paid by or on behalf of the Board, by the Bureau of Sugar Experiment Stations, and of the several purposes for which such moneys shall have been received and paid and owing; and (b) of all the assets and liabilities of the Board. (3) All such books and accounting records shall be open to the inspection of the Auditor-General and any person authorized by him. (4) The Board shall cause its accounts to be balanced every year on 30 June. (5) The Board shall frame and adopt a budget for every year before 31 August in that year or such later date as the Minister (who is hereby thereunto authorized) may, on the application of the Board, permit. (6) Each budget shall be in respect of the period commencing on 1 July in the year in question and ending on 30 June in the year next following. (7) The budget shall show the following information:- (a) particulars of each item; (b) estimates adopted for the previous year; (c) actual receipts and disbursements for the previous year; (d) estimates of receipts and disbursements for the current year; and (e) such other information as may be prescribed. (8) If at the end of any year there is a surplus or deficit, such surplus or deficit shall be carried forward and taken into account in framing the budget for the next ensuing year. (9) At the close of each year all authorizations of expenditure and votes of money therefor shall lapse. Any vote so lapsing may be revoted. Any ordinary disbursement of the Board in any year prior to the adoption of the budget for that year is authorized and shall be included in the budget for that year. (10) As soon as practicable after 30 June in each year, statements of account as prescribed shall be prepared in respect of the financial year then concluded by the Board and the Bureau of Sugar Experiment Stations.

250 Sugar Experiment Stations Act Amendmen Act 1983, No. 23 (11) When the annual statements of account have been prepared and certified, the books, accounting records and accounts of the Board and of the Bureau of Sugar Experiment Stations shall be audited by the Auditor-General who shall have, with respect to such audit, all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. (12) The Auditor-General shall certify whether the annual statements of account prepared in accordance with subsection (10)- (a) are in the form prescribed; (b) are in agreement with the respective books, accounting records and accounts; and (c) in his opinion have been properly drawn up so as to present a true and fair view of transactions for the financial year in question and the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding. (13) The Auditor-General shall at least once in each year report the results of each audit to the Board and the Board shall give due consideration to all recommendations made in the respective reports. Where the Auditor-General considers that any such recommendations are of major significance, he shall forward a copy of them to the Minister. (14) The Auditor-General shall fix an annual fee from time to time of such amount as shall be paid by the Board to the Auditor- General in respect oo the audit." 10. Amendment of s. 19 . Powers in aid of Act. Section 19 of the Principal Act is amended by in subparagraph (iii) inserting after the words " insect to be an insect " the words " or any pest to be a cane pest „ 11. Amendment of s. 20 . Introduction or removal of sugar-cane, etc., contrary to Act. Section 20 of the Principal Act is amended by in subsections (1) and (3) omitting the words " or fungus " and substituting the words ", fungus or cane pest " in each case. 12. Amendment of s. 22 . Powers of inspectors . Section 22 of the Principal Act is amended by- (a) in subparagraph (b)- (i) omitting the words " or fungus " where twice occurring and substituting the words ", fungus or cane pest " in each case; (ii) omitting the expression " Minister." and substituting the expression " Minister; "; (b) inserting after subparagraph (b) the following subparagraph:- (c) Issue such orders, permits, approvals or certificates as in the opinion of the inspector are required to be issued.".

Sugar Experiment Stations Act Amendment Act 1983, No. 23 251 13. Amendment of s. 23. Complaints for offences . Section 23 of the Principal Act is amended by, in subsection (5) in the first paragraph omitting the words " petty sessions district " where twice occurring and substituting the words " Magistrates Courts district " in each case. 14. Amendment of s. 24 . When occupier or owner may be ordered to eradicate sugar-cane . Section 24 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words " section twenty-three " where twice occurring the words " or section 28 " in each case; (ii) inserting after the words " issue an order " the words " in writing, in the prescribed form,"; (b) in subsection (2)- (i) in paragraphs (a) and (b) omitting the word " making " and substituting the word " issuing " in each case; (ii) in paragraph (b), omitting the word " made " and substituting the word " issued ". 15. Amendment of s. 27. Abandoned land. Section 27 of the Principal Act is amended by, in subsection (1), omitting the words " court of petty sessions , constituted by a police " and substituting the words " Magistrates Court constituted by a stipendiary ". 16. Amendment of s. 28 . Quarantine areas. Section 28 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) Any Proclamation declaring an area to be a quarantine area shall specify the reason for the quarantine and may specify the conditions that apply to- (a) the planting or transplanting of sugar-cane (including the stock to be used for such planting or transplanting and the treatment of such stock) in the quarantine area; (b) the growing, ratooning and harvesting of sugar-cane in the quarantine area; (c) the transporting of sugar-cane within, to or from the quarantine area; d) the delivery and acceptance of sugar-cane grown in the quarantine area to sugar mills within or outside the quarantine area; (e) the treatment of lands in the quarantine area including the fallowing or other cultural practices relating to the land, the application of pesticides and the eradication of diseases and cane pests;

252 Sugar Experiment Stations Act Amendment Act 1983, No. 23 (f) such other matters as the Governor in Council considers necessary for the effective control of diseases and cane pests in the quarantine area, and the Proclamation may prohibit the delivery and acceptance referred to in subparagraph (d). Any inspector is hereby authorized and empowered to give such orders and issue such permits and approvals and take such action as he considers necessary to enforce the quarantine. Any quarantine declared under this section may be in respect of diseases or cane pests in general or in respect of a particular disease or cane pest and it may be declared in respect of a particular disease or cane pest notwithstanding that the area is already declared a quarantine area for some other disease or cane pest."; (b) in subsection (3), omitting the second and third paragraphs; (c) in subsection (4) inserting after the words " disease or " the word " cane ". (d) in subsection (7), inserting after the words " disease or " the word " cane "; (e) inserting after subsection (7) the following subsection:- " (7A) Where an inspector finds upon any land sugar-cane that has been planted or transplanted contrary to the provisions of this Act, the sugar-cane shall be deemed to be diseased and the provisions of this Act relating to diseased sugar-cane shall apply to it as if it were diseased sugar-cane."; (f) in subsection (9), omitting the word " It " and substituting the words " Notwithstanding the provisions of section 50 of the Regulation of Sugar Cane Prices Act 1962-1981 it ". 17. Amendment of s. 30. Cane Pest and Disease Control Boards. Section 30 of the Principal Act is amended by, in subsection (8), omitting subparagraph (c) and substituting the following subparagraphs:- "(c) the meetings of a Board, notice of meetings, business, order of business and notice of motions; (d) the quorum, voting, resolutions, chairman and minutes of a Board ; (e) the filling of vacancies of office in a Board and appointment of officers of a Board; (f) returns to be furnished by a Board and a register of transactions; (g) reports, books and accounts, appointment of an auditor and conduct of audit; (h) defining cane pests; (i) the power to enter and search with equipment for diseases and cane pests; (j) steps to be taken for the treatment or destruction of diseases or cane pests ;

Sugar Experiment Stations Act Amendment Act 1983 , No. 23 253 (k) prescribing approved pesticides and the purchase and re-sale of pesticides and materials used for the suppression and prevention of diseases and cane pests; (1) prescribing with respect to the carrying out of farm surveys; (m) carrying out of experimental work for suppression and prevention of diseases and cane pests; (n) providing advice to occupiers of land within cane pest and disease infected areas and assisting with respect to planting materials and their transport; (o) prescribing the payment and method of authorization of subsidies, bonuses, fees, allowances and compensation to persons entitled thereto; (p) prescribing the conditions for the establishment and maintenance of a nucleus of planting material in nursery plots for the propagation of sugar-cane varieties in disease free condition; (q) all matters or things necessary or convenient for the conduct of business of a Board.". 18. Amendment of s. 31. Powers and duties of Board . Section 31 of the Principal Act is amended by:- (a) in subsection (1) in the first paragraph, inserting after the words It area for the " the word " detection,"; (b) in subsection (lA) omitting the first paragraph and substituting the following paragraph:- " Without limiting the generality of the provisions of subsection (1), a Cane Pest and Disease Control Board shall have power and authority to make from its funds such payments as the Minister shall from time to time, upon the recommendation of the Board, determine and sanction by way of subsidies in respect of- (a) the costs incurred by any person for approved baits, fumigants, fungicides, poisons, materials, equipment, machinery, services or operations for the destruction and prevention within its area of cane pests or diseases; (b) the costs of control of protected fauna within the meaning of the Fauna Conservation Act1974-1979 that cause or are likely to cause damage or injury to crops, where a permit to take such fauna has been obtained under section 25 of that Act "; (c) inserting after subsection (1E) the following subsections:- " (1F) Liability at law shall not attach to any Cane Pest and Disease Control Board or any member, officer or employee of such Board or to any honorary inspectors or any person acting in aid of an honorary inspector on account of any thing done for the purposes of the Act or done in good faith and without negligence and purporting to be done for the purposes of this Act.

254 Sugar Experiment Stations Act Amendment Act 1983, No. 23 (1G) A Cane Pest and Disease Control Board may appoint and employ a secretary to the such Board and such and so many other officers and employees as it deems necessary from time to time for the due and effectual administration of this Act."; (d) omitting subsections (2) and (3) and substituting the following subsection:- " (2) (a) All fees or allowances for expenses payable to members of a Cane Pest and Disease Control Board, all salaries, wages, and allowances for expenses payable to any officer or employee, whether permanent or temporary, of a Cane Pest and Disease Control Board, and except as otherwise provided by this Act, all other costs, charges, and expenses incurred in the administration of this Act by a Cane Pest and Disease Control Board (including expenditure for any purpose approved by a Cane Pest and Disease Control Board as having relation to the suppression and prevention of cane pests or disease) shall be paid out of the funds of a Cane Pest and Disease Control Board. (b) A Cane Pest and Disease Control Board shall cause such books of account and accounting records to be provided and kept and true and regular accounts to be entered therein in respect of each and every financial transaction of a Cane Pest and Disease Control Board as shall be prescribed or, in so far as not prescribed, as required by the Auditor-General. (c) All such books and accounting records shall be open to the inspection of the Auditor-General and any person authorized by him. (d) As soon as practicable after 31 December in each year statements of account !as prescribed shall be prepared by a Cane Pest and Disease Control Board in respect of the financial year then concluded. (e) A Cane Pest and Disease Control Board shall cause its accounts to be balanced every year on 31 December. (f) The books of account and accounting records of a Cane Pest and Disease Control Board shall be audited by the Auditor-General or such auditor approved by the Auditor-General who, with respect to such accounts and audit, shall have and may exercise all of the powers and authorities conferred on him by the FinancialAdministration and Audit Act1977-1981. (g) An annual fee of such amount as shall be fixed by the Auditor-General from time to time shall be paid by the Cane Pest and Disease Control Board concerned to the Auditor-General or as directed by the Auditor-General in respect of the audit. (h) The Auditor-General or such auditor approved by the Auditor-General shall certify whether the annual statements of account prepared in accordance with paragraph (d)- (i) are in the form prescribed; (ii) are in agreement with the respective books and accounting records; and

Sugar Experiment Stations Act Amendment Act 1983, No. 23 255 (iii) in his opinion have been properly drawn up so as to present a true and fair view of transactions for the calendar year in question and the financial position at the end of that year on a basis consistent with that in respect of the calendar year last preceding. (i) The Auditor-General shall at least once in each year report the results of such audit to the Cane Pest and Disease Control Board concerned, to the Board and to the Minister. In each case, a Cane Pest and Disease Control Board shall give due consideration to all recommendations made in the respective reports.". 19. Amendment of Section 32. Cane Pest and Disease Control Board assessments . Section 32 of the Principal Act is amended by in subsection (5) omitting the words " its chairman and secretary " and substituting the words " any two of either the chairman, deputy chairman or secretary ". 20. Amendment to Section 49. Regulations . Section 49 of the Principal Act is amended by in subsection (1), in the second paragraph- (a) in subparagraph (1) inserting after the words " or fungi " the words " or cane pests "; (b) in subparagraph (2) inserting after the words " and fungi and " the word " cane "; (c) omitting subparagraph (4) and substituting the following subparagraph :- " (4) Prescribing generally any matter or thing necessary, expedient or convenient to give full effect to a quarantine declared under this Act; "; (d) in subparagraph (10) inserting after the words " of any permit " the words ", order or approval ".