Sugar Experiment Stations Acts Amendment Act of 1965 (Qld)

481 Queenslandt ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1965 An Act to Amend "The Sugar Experiment Stations Acts, 1900 to 1959 ," in certain particulars [ASSENTED TO 29TH OCTOBER, 19651 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. (1) Short title . This Act may be cited as " The Sugar Experiment Stations Acts Amendment Act of 1965." (2) Principal Act. In this Act " The Sugar Experiment Stations Acts, 1900 to 1959," are referred to as the Principai Act. 16

482 Sugar Experiment Stations Acts Amendment Act of 1965, No. 38 (3) Collective title. The Principal Act and this Act may be collectively cited as " The Sugar Experiment Stations Acts, 1900 to 1965." 2. Amendment to s. 2 . Section two of the Principal Act is amended by omitting the definition " Alternate host plant " and inserting in its stead the following definition:- " " Alternative host plant "-Any plant which is affected or liable to be affected with any disease and which is growing- (a) in or upon a plantation; or (h) in or upon land in the vicinity of a plantation. which plantation is within any area within which such plant is declared by the Governor in Council, by Order in Council, to be an alternative host plant; ". 3. Amendments to s. 7. Section seven of the Principal Act is amended by- (a) omitting from the first paragraph the words " The Minister " and inserting in their stead the words " Upon the recommendation of the Board, the Minister "; (b) omitting the second and third paragraphs. 4. Amendments to s. 31 . Section thirty-one of the Principal Act is amended by- (a) in subsection (1) - (i) omitting from the second proviso the words and brackets " area (not being diseased sugar-cane under and within the meaning of section thirteen, section fourteen, section fifteen, section eighteen or section twenty-three of this Act, or sugar-cane or alternate host plants which is or are destroyed in the course of dealing with any land under section twenty-seven of this Act) " and inserting in their stead the following words:- area not being- (a) dise used sugar-cane under and within the meaning of section thT teen. section fourteen. section fifteen. section eighteen or se ;tion twenty-three of this Act: or (h) ugar-cane or alternative host plants reasonably suspected by an inspector to be diseased otherwise than b- reason only of proximity to sugar-cane or alternative host plants affected with disease; or (c) sugar-cane or alternative host plants which is or are destroyed in the course of dealing with any land under section twenty-seven of this Act,": (ii) adding the following paragraph:- " Without prejudice to the right of recovery thereof afforded by law to any person, any amount claimed by a Cane Pest and Disease Control Board to have become due and owing to it or to any person or. its behalf by reason of the exercise or discharge by such Board of its powers or duties under this Act, not being an amount the recovery of which by or

Sugar Experiment Stations Acts Amendment Act of 1965. \u. 38 483 on behalf of such Board is provided for elsewhere in this Act may, with the approval of the Minister. be recovered at the suit of such Board or of a person appointed by such Board in that behalf by action as for a debt due to. such Board in any court of competent jurisdiction."; (b) inserting after subsection (IA) the following subsection:- " (IB) Superannuation funds . Subject to the approval of the Minister, a Cane Pest and Disease Control Board may. from time to time, establish, vary, re-establish and support such superannuation or provident schemes, plans or trusts as it considers proper for the benefit of its employees and their dependants and may subsidise, contribute and make payments from its funds to the funds created and held in connection with such a scheme, plan or trust: Provided that the establishment, variation or re-establishment of such a schmae, plan or trust by a Cane Pest and Disease Control Board prior to the commencement of " The Sugar Experiment Stations Acts Amendment Act of 1965 " and the support of such a scheme, plan or trust by the Board before or after the commencement of that Act shall be deemed a valid exercise of power by such Board to the extent that such scheme, plan or trust concerns a person who was an employee of such Board prior to or at the commencement of that Act and the dependants of such a person but not otherwise."; (c) in subsection (4) - (i) omitting from the first paragraph the words " paid by the Board " and inserting in their stead the words " paid by each such Board ": (ii) adding to the first paragraph the words " and the amounts paid by such Board to any superannuation or provident scheme, plan or trust established by such Board ". 5. Amendment to s. 39. Section thirty-nine of the Principal Act is amended by adding to subsection (2) the following paragraph:- " Where sugar-cane or alternative host plants is or are found to be affected with a disease it shall be deemed for the purposes of subsection (1) of section thirty-one of this Act that all sugar-cane or, as the case may be, alternative host plants which, in the opinion of the inspector who issues an order in respect of that sugar-cane or those alternative host plants under section twenty-four of this Act, is or are comprised in the same stand as the sugar-cane or alternative host plants found to be so affected is or are affected with that disease." 6. Amendments to s. 44. Section forty-four of the Principal Act is amended by- (a) numbering that section as subsection (1); (b) adding the following subsection:- (2) Superannuation funds . The Board may, from time to time, and shall be deemed always to have had power to establish, vary, re-establish and support such superannuation or provident schemes, plans or trusts as it considers proper for the benefit of its employees and their dependants and to subsidise and to contribute and make payments from its funds (excepting moneys derived from levies which are applicable only to the respective purposes for which the levies were imposed) to the funds created and held in connection with such a scheme, plan or trust."

484 Sugar Experiment Stations Acts Amendment Act of 1965, No. 38 7. Correction of word " alternate ". The Principal Act is amended by omitting the word " alternate " wherever that word appears in relation to the expressions " host plant " or " host plants " and inserting in its stead, wherever so omitted, the word " alternative ".