Sugar Experiment Stations Acts Amendment Act of 1957 (6 Eliz ll No. 31) (Qld)

SUGAR. 6 E liz . II. No. 31, 1957. Sugar Experiment Stations, Etc., Act. 565 SUGAR. An Act to Amend “ The Sugar Experiment Stations 6 N E o l . iz 3 . 1 I . I. Acts, 1900 to 1954,” in certain particulars. T he S ugar E xperiment S tations [A ssented to 17 th D ecember , 1957.] A cts A mendment A ct of 1957. E it enacted by the Queen’s Most Excellent Majesty, B 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:— 1. (1.) This Act may be cited as “ The Sugar short title. Experiment Stations Acts Amendment Act of 1957.” (2.) *“ The Sugar Experiment Stations Acts, 1900 Principal to 1954,” are in this Act referred to as the Principal Act. Aot' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Sugar Experiment Stations tlte' Acts, 1900 to 1957.” 2. In section two of the Principal Act the definition Amendment “ Cane pests ” is amended by inserting after the words ots' ' “ or bird ” the words “ or plant ”. 3. Section twenty-nine of the Principal Act is Repeal of repealed and, in lieu of that repealed section, the following ^29?ew section is inserted :— “ [29.] ( 1 .) The Governor in Council may upon the cane pest recommendation of the Director by Order in Council dl®fase published in the Gazette — area. (i.) Declare any area or areas within the State where sugar-cane is grown to be cane pest and disease infested. Any area so declared is herein referred to as “a cane pest and disease infested area ” ; (ii.) Include in a cane pest and disease infested area any land which is not included in any such area ; * 64 V. No. 17 and amending Acts.

566 SUGAR. Sugar Experiment Stations, Etc., Act. 6 E liz . II. No. 31, (iii.) Abolish a cane pest and disease infested area or areas and join such area or areas or join parts of such area or areas with another cane pest and disease infested area or other such areas ; (iv.) Alter the boundaries of cane pest and disease infested areas by including in one such area part or parts of another such area or part or parts of other such areas, and by excluding such part or parts from such other area or areas ; (v.) Combine two or more cane pest and disease infested areas into one such area whether or not such areas are contiguous; (vi.) Abolish any cane pest and disease infested area. (2.) Subject to the provisions, save paragraph (i.) of subsection one, of this section all areas which immediately prior to the enactment of this section were cane pest and disease infested areas shall continue as such for the purposes of this Act.” oAfms. en3d0m. ent by r4ep. eSaleicntgionthtehifrotuyrtohf tphaeraPgrrainpchipathl eArecotf is( baeminegndthede paragraph commencing with the words “No person shall become or remain a member ”) and inserting, in lieu of that repealed paragraph, the following paragraphs, namely :— “A person shall not be qualified to be elected a member of such Board unless, at the time of his election thereto, he is a cane-grower entitled to vote as hereinafter prescribed by this section, an owner of a mill situated within the area in and for which such Board is constituted, or a representative of such an owner. A person shall cease to be qualified to be (and shall be deemed to vacate his office as) a member of such Board one month after he ceases to be qualified as hereinbefore prescribed by this section.” New section 5. The following section, numbered 30 a , is inserted 30 a . after section thirty of the Principal Act:— Joinder of “ [30 a .] (1.) When a cane pest and disease infested areas. area is abolished and (a) Such abolished area is joined to another cane pest and disease infested area or areas ; or

SUGAR. 1957. Sugar Experiment Stations , Etc., Act. (b) Two or more such abolished cane pest and disease infested areas are combined into one such area the following provisions shall apply :— (i.) The Cane Pest and Disease Control Board for any and every abolished area shall be dissolved on a date prescribed by the Governor in Council by Order in Council published in the Gazette ; (ii.) All assets and liabilities of any and every dissolved Board shall on and from the date of its dissolution devolve upon the Cane Pest and Disease Control Board or Boards for such other area or areas or combined area concerned, and where in any case it becomes necessary so to do the Governor in Council may, by Order in Council published in the Gazette, declare and apportion the assets and liabilities of the dissolved Board between the Cane Pest and Disease Control Boards for the other areas concerned, and in such manner as appears to him just; (iii.) All assessments which, pursuant to the provisions of section thirty-two of this Act and in respect of any abolished area, have accrued due on sugar-cane grown within that abolished area and which remain unpaid at the date of the dissolution of the dissolved Board shall (and notwithstanding that such abolished area or part of such abolished area is joined to or combined into another area) become and be and remain due and payable, and any amount thereof may be paid to and received or recovered by the Cane Pest and Disease Control Board for the other area to or into which such abolished area or part of such abolished area has been joined or combined ; (iv.) Any payments, whether by way of compensation or subsidy, which the Cane Pest and Disease Control Board for the abolished area might have made pursuant to the provisions of section thirty-one of this Act but for the dissolution of that Board shall (and notwithstanding that such abolished area or part of such abolished area is joined to 567

568 SUGAR. Sugar Experiment Stations, Etc., Act. 6 E liz . II. No. 31, or combined into another area) become and be and remain payable and may be paid by the Cane Pest and Disease Control Board for the other area to or into which such abolished area or part of such abolished area has been joined or combined, and for that purpose all proceedings and things may be taken and done by and against such Board which might have been taken or done by or against the dissolved Board. Apportion- ^^nof (2.) (a) When the boundaries of cane pest and disease infested areas are altered by including in one such area part or parts of another such area or part or parts of other such areas and by excluding such part or parts from such other area or areas and in any such case it becomes necessary so to do, the Governor in Council may, by Order in Council published in the Gazette, declare and apportion the assets and liabilities of the respective Cane Pest and Disease Control Boards, whether old or new, between them as appears to him just. ( b) All assessments which, pursuant to the provisions of section thirty-two of this Act and in respect of the area from which a part has been so excluded, have accrued due on sugar-cane grown within the part so excluded and which remain unpaid at the date of such exclusion, shall (and notwithstanding that the part so excluded from the area is included in another area) become and be and remain due and payable, and any amount thereof, may be paid to and received or recovered by the Cane Pest and Disease Control Board for the other area in which such part so excluded from an area has been included. (c) Any payments, whether by way of compensation or subsidy, which the Cane Pest and Disease Control Board for the area from which a part has been so excluded might have made pursuant to the provisions of section thirty-one of this Act in respect of that part so excluded but for such exclusion shall (and notwithstanding that the part so excluded from the area is included in another area) become and be and remain payable and may be paid by the Cane Pest and Disease Control Board for the other area in which such part so excluded from an area has been included, and for that purpose all proceedings and things may be taken and done by and against such Board which might have been

SUGAR. 569 1957. Sugar Experiment Stations, Etc., Act. taken or done by or against the Board for the area from which such part so included in an area has been excluded. (3.) When a cane pest and disease infested area is Winding up abolished and such area is not joined to another such of Boards‘ area the following provisions shall apply :— (i.) The Cane Pest and Disease Control Board for the abolished area shall be dissolved on a date prescribed by the Governor in Council by Order in Council published in the Gazette ; (ii.) The Governor in Council may, not earlier than four months before the date prescribed for the dissolution of such Board, appoint by Order in Council published in the Gazette a person to wind up the affairs of such Board and for that purpose the appointee may (notwithstanding that the Board may be dissolved before the completion of the winding up thereof) exercise the powers, authorities and functions conferred by this Act upon such Board ; (iii.) Upon the appointment of any person pursuant to paragraph (ii.) of this subsection such Board shall cease to exercise the powers, authorities and functions conferred upon it by this Act; (iv.) The exercise by an appointee under this subsection of his powers, authorities and functions shall be subject to the control of the Minister, who may at any time and from time to time give to him all such directions as the Minister deems fit with respect to the exercise or proposed exercise by the appointee of any such power, authority or function. The appointee shall comply in every respect with a direction as aforesaid ; (v.) On the completion of the winding up of a Board dissolved pursuant to this subsection all assets then remaining (whether vested in or held in trust for such Board immediately prior to its dissolution) shall devolve upon the Sugar Experiment Stations Board and may be dealt with by that Board for the purposes of this Act.”