Sugar Industry Amendment Regulation (No. 1) 2004 (Qld)

Queensland Subordinate Legislation 2004 No. 46 Sugar Industry Act 1999 SUGAR INDUSTRY AMENDMENT REGULATION (No. 1) 2004 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of sch 3 (Dispute resolution process for sections 24, 27, 38, 54, 92, 97 and 219 of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

s1 2 s4 Sugar Industry Amendment Regulation (No. 1) 2004 No. 46, 2004 1 Short title This regulation may be cited as the Sugar Industry Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation commences on 1 July 2004. 3 Regulation amended This regulation amends the Sugar Industry Regulation 1999. 4 Amendment of sch 3 (Dispute resolution process for sections 24, 27, 38, 54, 92, 97 and 219 of the Act) (1) Schedule 3, section 1— insert— ‘ “final offer arbitration” see section 20A(2). (2) Schedule 3, section 20(2)— omit. (3) Schedule 3, section 20(3), ‘section 92(2)’— omit, insert— ‘section 38(1), 54(3), 92(2)’. (4) Schedule 3, section 20(3)— renumber as section 20(2). (5) Schedule 3,after section 20— insert— ‘20A When final offer arbitration permitted ‘ (1) The parties to a dispute mentioned in section 38(1) or 54(3) of the Act may agree to use final offer arbitration or a process substantially the same as final offer arbitration. ‘ (2) The parties to a dispute use “final offer arbitration” if, at the end of mediation—

s4 3 s4 Sugar Industry Amendment Regulation (No. 1) 2004 No. 46, 2004 (a) each party to the mediation gives a written offer (a “final offer” ) for resolving all issues to— (i) the mediator appointed for the mediation; and (ii) each other party to the dispute; and (b) the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and (c) an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and (d) if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision. ‘ (3) If the parties mentioned in subsection (1) do not agree to use final offer arbitration, the CommercialArbitrationAct1990 applies to the arbitration.’. (6) Schedule 3, section 21(2)(a), after ‘Act’— insert— ‘if the parties have agreed to use final offer arbitration’. (7) Schedule 3, section 29— omit, insert— ‘29 No final offer arbitration ‘ (1) This section applies— (a) to a dispute mentioned in section 24(1), 27(2), 92(2) or 97(2) of the Act; or (b) for a dispute mentioned in section 38(1) or 54(3) of the Act—only if the parties have not agreed to use final offer arbitration or a process substantially the same as final offer arbitration. ‘ (2) The arbitrator must, within 14 days after submissions close— (a) make a decision based on the submissions received; and (b) give written reasons for the decision to the parties.’. (8) Schedule 3, section 30, heading—

s4 4 s4 Sugar Industry Amendment Regulation (No. 1) 2004 No. 46, 2004 omit, insert— ‘30 Final offer arbitration’. (9) Schedule 3, section 30, before subsection (1)— insert— ‘ (1A) This section applies— (a) to a dispute mentioned in section 38(1) or 54(3) of the Act; but (b) only if the parties have agreed to use final offer arbitration or a process substantially the same as final offer arbitration.’. (10) Schedule 3, section 30(1), ‘, for a dispute mentioned in section 38(1) or 54(3) of the Act,’— omit. (11) Schedule 3, section 30(1A) to (2)— renumber as section 30(1) to (3). ENDNOTES 1. Made by the Governor in Council on 6 May 2004. 2. Notified in the gazette on 7 May 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004