Sugar Milling Rationalization (Far Northern Region) Act 1987 (Qld)

(Iueenzt tt b ^Qv ANNO TRICESIM O SEXTO ELIZA ET AE SECUNDAE REGINAE An Act to r ,7 :?e for certain r .ti ration of sugar milling oper '':: n3 in the Far Northern Sugar region of Queensf,-.nd and for other purposes [ SENTED TO 19TH MARCH, 1987]

2 Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Sugar Milling Rationalization (Far Northern Region) Act 1987. 2. Commencement . Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) the provisions of this Act shall commence on a date appointed by Proclamation. The date so appointed is in this Act referred to as the commencement of this Act. 3. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (ss. 1-5); PART II-RE-ZONING OF ASSIGNED LAND ( ss. 6-11); PART III-PROVISIONS CONCERNING BABINDA CO-OPERATIVE SUGAR MILLING ASSOCIATION LIMITED (ss. 12-24); Division 1-Cumulative non-redeemable preference shares (ss. 13-19); Division 2-Directors of Association (ss. 20-24); PART IV-MISCELLANEOUS PROVISIONS (ss. 25-27); SCHEDULE. 4. Termination if Goondi Mill not sold. If at any time after the commencement of this Act the Governor in Council is satisfied that the agreements made between CSR Limited as. vendor and Howard Smith Industries Pty. Ltd. and Babinda Co-operative Sugar Milling Association Ltd. as purchasers with respect to the sale of the Goondi Sugar Mill, executed on behalf of the parties on 24 July 1986, are not to be duly performed, the operation of all or any of the provisions of this Act, other than this Part, may be terminated by Proclamation, whereupon- (a) the provisions so terminated shall be deemed never to have been enacted; (b) any order, entry or document made or thing done in reliance on any provision so terminated shall be deemed never to have been made or done; and (c) a person or authority that has made any order, entry or document or has done anything in reliance on a provision so terminated (or a successor in office to such person or authority) is authorized to make such orders, entries or

Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 3 documents and to do such things as appear necessary or convenient by way of rectification because of the termination of any such provision. 5. Indemnity for action under terminated provisions . Neither the Crown nor any person shall be liable to pay damages or compensation for loss or injury suffered on account of anything done or omitted in reliance on a provision of this Act that is later terminated under section 4 or in reliance on any order, entry or document made or thing done in reliance on any such provision before its termination under section 4. PART II-RE-ZONING OF ASSIGNED LAND 6. Interpretation . (1) This Part shall be read as one with the Regulation of Sugar Cane Prices Act 1962-1986. (2) An expression to which a meaning is assigned by the Regulation of Sugar Cane Prices Act 1962-1986 has the same meaning when used in this Act, except where a contrary intention appears. (3) If a provision of this Act is inconsistent with a provision of the Regulation of Sugar Cane Prices Act 1962-1986 the provision of this Act shall prevail and the provision of that Act shall, to the extent of the inconsistency, be of no effect. 7. Re-zoning of assigned land. (1) The lands, which immediately before the commencement of this Act, are assigned to the Goondi Sugar Mill for the purposes of the Regulation of Sugar Cane Prices Act 1962- 1986, shall upon the commencement of this Act cease to be assigned to that mill and by this section be re-zoned as follows:- (a) such lands lying north of the North Johnstone River, with the exception of the lands described in the Schedule, are assigned to the Babinda Sugar Mill; and (b) such lands lying south of the North Johnstone River and the lands described in the Schedule are assigned to the Mourilyan Sugar Mill. (2) The re-zoning provided for by subsection (1) shall be deemed to be an assignment of the lands in question within the meaning of the Regulation of Sugar Cane Prices Act 1962-1986 and the provisions of that Act shall apply, according to their terms, in respect of all matters provided for by that Act that affect those lands. 8. Authority to exercise s. 42 powers. The powers conferred by section 42 of the Regulation of Sugar Cane Prices Act 1962-1986 may be exercised to take account of the re-zoning of lands provided for by section 7 (1) and, if the case require it, a Proclamation made under that section and applicable in relation to the Goondi, Babinda or

4 Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 Mourilyan mill at the commencement of this Act may be revoked or amended accordingly. 9. Re-vesting o f easements . (1) Every easement or other interest upon land or authority pursuant to order of the Central Board held by CSR Limited immediately before the commencement of this Act in connexion with the harvesting of sugar cane for the Goondi Sugar Mill or the carriage of the cane to that mill shall, upon the commencement of this Act, cease to be held by CSR Limited and thereafter- (a) if the easement, interest or authority is one that after the commencement of this Act will be used in connexion with the harvesting or carriage to the Babinda Sugar Mill of sugar cane from land assigned by section 7 (1) to that mill, the easement, interest or authority shall be deemed to have been granted to and to be held by the Babinda Co-operative Sugar Milling Association Limited; and (b) if the easement, interest or authority is one that after the commencement of this Act will be used in connexion with the harvesting or carriage to the Mourilyan Sugar Mill of sugar cane from land assigned by section 7 (1) to that mill, the easement, interest or authority shall be deemed to have been granted to and to be held by Howard Smith Industries Pty. Ltd. (2) If any easement, interest or authority referred to in subsection (1) could be taken to be affected by both paragraphs (a) and (b) of that subsection that easement, interest or authority shall be deemed to have been granted to and to be held by such of them, the Babinda Co- operative Sugar Milling Association Limited and Howard Smith Industries Pty. Ltd., as is agreed between them or, in the absence of such agreement within six months after the commencement of this Act, as is declared by Order in Council. 10. Exemption of Goondi mill owner. (1) For the 1987 crushing season and thereafter the owner of Goondi Sugar Mill is, by this section, exempted absolutely from the obligations of an owner of a mill referred to in section 45 of the Regulation of Sugar Cane Prices Act 1962-1986. (2) The provisions of sections 46, 47 and 48 of the Regulation of Sugar Cane Prices Act 1962-1986 do not apply in respect of a failure of the owner of Goondi Sugar Mill to discharge the obligations from which the owner is exempted by subsection (1). 11. Duration of re-zoning under s. 7. Unless- (a) the operation of this section is terminated pursuant to section 4; or (b) an assignment effected by the re-zoning provided for by section 7 (1) lapses in accordance with the Regulation of Sugar Cane Prices Act 1962-1986, '

Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 5 the assignment of lands in accordance with the re-zoning provided for by section 7 (1) shall continue for a period of five years from the commencement of this Act or for such longer period as is from time to time declared by Order in Council. PART III-PROVISIONS CONCERNING BABINDA CO- OPERATIVE SUGAR MILLING ASSOCIATION LIMITED 12. Interpretation . (1) In this Part, except where a contrary intention appears- "the Act" means the Primary Producers' Co-operative AssociationsAct 1923-1986; "the Association" means the Babinda Co-operative Sugar Milling Association Limited, an Association registered under the Act; "the Bank" means the National Australia Banking Group Limited; "the directors" means the directors for the time being of the Association holding office in accordance with the rules of the Association modified by this Act; "the holder " means the person for the time being holding one or more of the shares; "the shares" means the cumulative non-redeemable preference shares referred to in this Part. (2) This Part shall be read as one with the Act. (3) An expression to which a meaning is assigned by the Act has the same meaning when used in this Act, except where a contrary intention appears. (4) If a provision of this Act is inconsistent with a provision of the Act or of the rules of the Association the provision of this Act shall prevail and the other provision shall, to the extent of the inconsistency, be of no effect. (5) Except where a contrary intention appears in this Part, the holder shall not be taken to be a member of the Association. Division 1-Cumulative non-redeemable preference shares 13. Issue of cumulative non-redeemable preference shares . (1) The directors are by this subsection authorized to issue to the Bank shares in the capital of the Association of a class different from the class of other shares in the capital. Shares issued under the authority of this subsection shall be called "cumulative non-redeemable preference shares". (2) The rules of the Association shall not apply in relation to the shares issued under subsection (1) unless a contrary intention appears

6 Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 from a provision of this Part and the rights and obligations of the holder shall be governed by this Part. 14. Incidents of the shares. (1) The shares- (a) shall be non-redeemable and have a nominal value of $2 each; (b) subject to provision (c), may be issued to a total nominal value not exceeding the total indebtedness of the Association to the Bank as at the time the shares are issued; (c) shall not be issued to a number greater than 1 000 000; (d) shall be issued in reduction of the indebtedness of the Association to the Bank by an amount equal to the nominal value of the shares so issued; and (e) shall be taken to be duly issued upon the secretary to the Association furnishing to the Bank his certificate in writing that the number of shares specified therein have been allotted to the Bank. (2) Upon their issue the shares shall be deemed to be fully paid to their nominal value and the holder shall not be liable to make payment of contribution to the Association or in respect of its liabilities. 15. Entitlement to dividend. (1) The holder- (a) shall not receive any dividend in respect of the shares during the first period of five years after the issue of the shares; (b) shall be entitled thereafter to a dividend of 10 cents per share held per annum. (2) A dividend in respect of the shares shall be payable to the holder in any year in which the directors resolve to pay a dividend in respect of the shares. (3) In any year the directors may resolve to pay no dividend in respect of the shares or to pay a dividend less than 10 cents per share in respect of the shares held but if they do so in any year the entitlement of the holder to receive a dividend of 10 cents per share held in respect of that year shall accumulate until the entitlement is satisfied. (4) The directors shall not in any year resolve to pay to the holder an amount that exceeds the dividend to which the holder is entitled under this section in that year in respect of the shares held together with all unpaid dividends accumulated from previous years. (5) No distribution of moneys of the Association to its members in accordance with its rules shall be made, by way of dividend or otherwise, until the entitlement of the holder to dividends in respect of the shares held has been satisfied in full as prescribed by this section. 16. Dealing with the shares. (1) Subject to the consent of the Minister being first had and obtained, any of the shares shall be capable

Sugar Milling Rationalization (Far Northern Region) Act 1987, No. 1 7 of being assigned by voluntary assignment as a chose in action to any person, whether or not a member of the Association or a primary producer. (2) Any of the shares are capable of being assigned by operation of law to any person, whether or not a member of the Association or a primary producer. (3) It is not competent to any person to create or acquire an equitable interest in any of the shares. (4) Notice furnished to the Association of an assignment of any of the shares shall- (a) in the case of voluntary assignment, be accompanied by a copy of the Minister's consent thereto; and (b) in every case specify the full and correct name and place of residence or business of the assignee and the number of the shares acquired by him under the assignment. 17. Association to record holder of shares. (1) The secretary to the Association shall keep a true record of all notices of assignment of any of the shares furnished to the Association and of the notified particulars of the holder of the shares under the assignment. (2) In respect of any of the shares the Association shall be entitled to recognise and deal with the person last notified to it as the holder of those shares to the exclusion of all other persons. 18. Conversion of shares upon assignment. If any of the shares is assigned to a person who is a member of the Association that share shall without further payment be converted into a fully paid share issued in accordance with and subject to the rules of the Association. The Association and the assignee of the share shall forthwith take any steps necessary to effect such conversion. 19. Notices etc. to holder of shares. The holder of the shares or any of them as shown in the records of the Association shall be entitled to be furnished by the secretary to the Association with all notices and other documents required by the rules of the Association to be given to members of the Association as if the holder were such a member. Division 2-Directors of Association 20. Dissolution of board of directors. (1) The Governor in Council may, by Order in Council, declare that the board of directors of the Association be dissolved in accordance with this Division. (2) Where an Order in Council has been made the board of directors shall be dissolved and the members thereof shall cease to be directors of the Association as members of that board upon the assumption of office by the directors first appointed under paragraph (a) of section 21 (1).

8 Sugar Milling Rationalization (Far Northern Region) Act 1987, No. 1 (3) A member of the board of directors to be dissolved is not debarred from appointment or election as a member of the new board of directors established pursuant to section 21 if he is otherwise qualified in accordance with that section. 21. New board of directors. (1) In the event that an Order in Council is made under section 20 there shall be established a new board of directors of the Association consisting of seven members as follows:- (a) two persons possessing a financial, commercial or industrial background appointed by the Minister by notification published in the Gazette; (b) three persons elected by members of the Association who before the 1987 crushing season had supplied sugar cane to the Babinda Sugar Mill and who are continuing to do so; and (c) two persons elected by members of the Association who are supplying sugar cane to the Babinda Sugar Mill but who before the 1987 crushing season had supplied sugar cane to the Goondi Sugar Mill. (2) The Minister shall a pp oint one of the directors appointed under paragraph ( a) of subsection (1) to be chairman of the board of directors of the Association. The directors of the Association elected under paragraph (b) of subsection ( 1) shall appoint one of their number to be deputy chairman of the board of directors of the Association. (3) An election of directors under paragraph ( b) or (c ) of subsection (1) shall be conducted in accordance with the rules of the Association modified as may be necessary to accord with this Division. The Association shall do all such things as may be necessary to facilitate the holding of the election. (4) Any person appointed or elected to the board of directors of the Association under subsection (1 ) may assume office as a director notwithstanding that the rest of the board of directors or any part of it has not been appointed or elected. (5) The new board of directors of the Association shall be deemed to be duly constituted upon the assumption of office by the directors first appointed under paragraph (a) of section 21 (1). 22. Tenure of director ' s office. ( 1) The directors appointed or elected under section 21 shall hold office in accordance with this subsection, that is- (a) on 31 May 1989 one director elected under paragraph (b) of section 21 (1) and one director elected under paragraph (c) of section 21 (1) shall retire from office; (b) on 31 May 1990 one director elected under paragraph (b) of section 21 (1) and one director elected under paragraph (c) of section 21 (1) shall retire from office; (c) on 31 May 1991 one director elected under paragraph (b) of section 21 (1) shall retire from office; ( d) on 31 May 1991 or on a date on which the Minister certifies in writing that the Association has no outstanding financial

Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 9 obligation to the Crown in right of Queensland or to the Queensland Industry Development Corporation, whichever date is the later , the two directors appointed under paragraph ( a) of section 21 (1) shall retire from office. (2) Upon the retirement of a director under paragraph ( a), (b) or (c) of subsection ( 1) his successor shall be elected by the members of the Association in accordance with the rules of the Association and shall hold his office subject to those rules. (3) Upon the retirement of the two directors appointed under paragraph ( a) of section 21 (1)- (a) the board of directors of the Association shall be constituted in accordance with the rules of the Association; (b) the vacancies thereby occurring on the board of directors may be filled, if at all, in accordance with the rules of the Association and not otherwise; and (c) all members of the board of directors shall be elected to and hold office on the board (including the office of chairman or deputy chairman) subject to and in accordance with the rules of the Association. (4) Where pursuant to this section one of two or more directors is to retire on a particular date the director who shall retire on that date shall be as agreed between the directors concerned and in the absence of agreement shall be the elder or eldest of those directors. 23. Vacancy in director's office. (1) A director of the Association appointed or elected under section 21 (1) shall cease to hold office if- (a) he resigns his office by notice in writing furnished to the secretary to the Association; (b) he becomes mentally or physically unfit, in the Minister's opinion, to discharge the duties of his office; (c) he becomes bankrupt or takes advantage of the laws relating to bankruptcy; (d) he is convicted in Queensland of an indictable offence or elsewhere than in Queensland of an offence that, if it had been committed in Queensland would have been an indictable offence; or (e) subject to subsection (2), he fails without good cause to attend three successive meetings of the board of directors of which he has been given notice. (2) Subsection (1) does not apply in the case referred to in paragraph (e) thereof unless the three meetings referred to were spread over a period not less than four weeks.

10 Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 If a director's absence from a meeting has been excused by the directors present at the meeting the absent director shall be deemed to have had good cause for his failure to attend the meeting. (3) If a vacancy occurs in the office of a director otherwise than upon his retirement in accordance with section 22 his successor shall be appointed or elected in the same manner as the director in whose office the vacancy has occurred and shall become liable to retire from office on the same date as the director in whose office the vacancy has occurred would have become so liable. 24. Affairs of Association subject to Minister. (1) Until the Minister has given the certificate referred to in paragraph (d) of section 22 (1) the board of directors of the Association shall comply in all respects with all directions given to it by the Minister concerning the financial and technical operations of the Babinda Sugar Mill and the Association. (2) The Minister shall not withhold giving a certificate referred to in paragraph (d) of section 22 (1) without sufficient cause. PART IV-MISCELT ANEOUS PROVISIONS 25. Recording of changes to easements . (1) The secretary of the Central Sugar Cane Prices Board is hereby authorized and required to make in the Register of Easements kept by him all such entries as may be necessary to record therein the effect of Part II on easements and other interests upon land particulars of which are recorded in the register. (2) The Registrar of Titles and the Registrar of Dealings is each hereby authorized to make in the register or registers kept by him, upon receipt by him of an appropriate request so to do, all such entries and endorsements as may be necessary to record therein the effect of Part II on easements and other interests upon land recorded in the register or registers. (3) An instrument of request made for the purposes of subsection (2) shall be exempt from stamp duty payable under the Stamp Act 1894- 1986 and no fees shall be payable in connexion with the making of entries or endorsements referred to in that subsection. 26. Exclusion of ^- , es or compensation. (1) No person shall be entitled to damages or compensation for loss or injury suffered- (a) by reason of any provision of this Act; or (b) on account of anything done or omitted to give effect to any provision of this Act. (2) Subsection (1) does not apply in relation to loss or damage by reason only that the loss or damage is suffered as a result of anything done or directed, authorized or agreed to be done as a practical necessity or convenience in connexion with the supply from lands assigned by section 7 (1) of sugar cane to the sugar. mills to which the lands are assigned by that section.

Sugar Milling Rationalization (Far Northern Region ) Act 1987, No. 1 11 27. Indemnity against liability . Neither the Crown nor any person shall be liable to pay damages or compensation for loss or injury suffered on account of anything done or omitted by any person acting pursuant to any provision of this Act or purporting to act bona fide and without negligence for the purposes of this Act. SCHEDULE [s.7] The area of land known as the Innisfail Estate being the farming land bounded on the West by the North Johnstone River, the TAFE College and Vuleta Estate; on the South by the Johnstone River and Vuleta Estate; on the East by the Johnstone River and a road marked as Nr 3240 on a map of the Parish of Glady County of Nares issued in October 1976 by the Queensland Department of Mapping and Surveying; on the North by Portion 43V and Subdivisions 5, 6 and 7 of Portion 7 Parish of Glady.