Tully Sugar Works Act of 1930 (21 Geo v No. 24) (Qld)

SUGAR. 21 GEO. V. No. 24,1930. Tully Sugar Works Act. Any Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation. All regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. 13361 An Act to Authorise the Transfer of the Manage- 21 Oeo. V. ment and Control of the Tully Sugar Works N; ~ ! 4. from the Corporation of the Treasurer to TSULLY UGAR aconCseoq-oupeenrta . lati 1 vepuArpsossoecsi.ation ' and for other WO OF RK 1 S 93 A 0 C . T [ASSENTED TO 13TH NOVEMBER, 1930.] W HEREAS under and pursuant to the provisions of Preamble. *" The Sugar Works Act of 1922" the Tully Sugar Works Atea was duly created, and the Tully Sugar Works (hereinafter referred to as "the sugar works") were constructed and became and still are vested in the Corporation as defined by the said Act (hereinafter referred to as "the Corporation"), and the sugar works since construction and the business thereof have been maintained, worked, managed, and controlled by the Corporation: * 13 Oeo. V. No 30, supra, page 10201.

18362 SUGAR. T1lUy Sugar Works Act. 21 GEO. V. No. 24, And whereas it is expedient that the management and control of -the business of such sugar works should be transferred by the Corporation to a co-operative association to be formed and registered under the pro- visions of *" The Primary Producers' Oo-operative Asso- ciations Acts, 1923 to 1926," subject to such conditions, covenants, stipulations, and reservations as are herein.. after prescribed, contained, or referred to, and that such Corporation should be empowered to so transfer such management and control, notwithstanding any of the provisions of t" The Sugar Works A ct of 1922" : Be it therefore enacted by the King'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 :- Short title. 1. This Act may be cited as "The Tully Sugar Works Act of 1930." Commence- 2. This Act shall come into force and take effect mp-nt of Act. on the first day of February, one thousand nine hundred and thirty-one, which date is herein referred to as the commencement of this Act. Interpreta. 3. In this Act, unless the context otherwise tion. requires, the following terms have the meanings set against them respectively, that is to say:- Association. Corporation. "Association"-A primary producers' co-opera- tive association registered under * "The Primary Producers' Co-operative Associations Acts, 1923 to 1926" in connection with the Tully Sugar Works; " Corporation"-The Corporation of the Treasurer of Queensland created by t" The Sugar Works Guarantee Acts Amendment Act of 1908 " ; Sugar works. " Sugar works"-The Tully Sugar Mill, together with all machinery, chattels, and appurten- ances used therein or in connection therewith, and all tramways and railways leading thereto, and the mill site, and all land used in connection with any such tramway or railway. * 14 Geo. V. Ko. 45; 17 Geo. V. No. 4, supra, pages 10776,11652. t 13 Geo. V. No. 30, supra, page 10201. t 8 Edw. VII. No. 10, supra, page 3423.

SUGAR. 13363 1930. Tnlly {-Jugal" Works Act. k 4. (1.) An association may be formed and registered Association for the Tully Sugar Works, the management and control to e formed of the business whereof is to be transferred under this ~~ gistered. Act. (2.) When the Governor in Council is satisfied that Transfer of an association has been formed and duly registered as ~ : dn~ 6~ ~ ~ ft hereinbefore provided, he may direct and empower the of t!te Corporation to transfer and the Corporation shall transfer ~~: l:: !rof to the association the management and control of the works. business of such sugar works. Thereupon the management and control of such sugar works shall be divested from the Corporation and shall vest in the association, and by virtue of this Act all the liabilities and obligations of the Corporation in . respect of or any wise in relation to the management and control of such sugar works shall be borne and discharged by the association: Provided that until such transfer has been completed the Corporation shall have full power under this Act to continue to manage and carry on such sugar works and the business thereof : Provided further that the Corporation shall not be liable for any act or damage subsequent to or as a result of the transfer of the management and control of such sugar works. (3.) Notwithstanding anything to the contrary Poll of oane- contained in this Act, it is hereby declared that the su) ; lier~ transfer by the Corporation of the management and to eta en. control of the business of such sugar works to an association formed as aforesaid shall not be effected unless and until a poll of the cane-suppliers to such sugar works shall have been held, and at which poll not less than sixty-five per centum of the persons entitled to vote at such poll shall have affirmed the desirableness of such transfer from the Corporation to such association under the terms, provisions, conditions, and stipulations as prescribed in this Act. (4.) The liability to the Treasurer to be taken over Liability to by the association in respect of such sugar works shall be be ta~ en the amount of the indebtedness outstanding on the first ~ :se:ci!tion. day of July next following the date upon which the association assumed the management and control of such sugar works, which said sum shall be deemed to

13364 SUGAR. Ttdly Sugar Works Act. 21 GEO. V. No. 24, be a loan by the Treasurer to the said association, and shall bear interest at the rate of five pounds ten shillings per centum per annum. ' . Payment thereof. (5.) The amount of such liability, with interest, shall be liquidated by the payment by the association to the Treasurer, on the thirty-first day of December in every year, of a sum equal to nine pounds nineteen shillings and three pence for every one hundred pounds of the said liability, and such sums shall continue to be payable until the said liability, with interest accruing thereon, has been extinguished. Acceleration (6.) Notwithstanding anything in this Act contained, of payments. the Treasurer may from time to time permit the associa- tion to payoff the whole or any portion of such liability at any time before it is due; and the association may apply any surplus profits for this purpose. Repayments (7.) The payment of the aforesaid instalments shall aonfirpsrtoccheeadrgse be a first charge upon the proceeds of the sugar manu- of sugar factured at the sugar works. manu- factured at works. Transfer by 5. When the whole of the liability to the Treasurer, Catososropcoiaratitoionn. lwiqituhidiantteedr, esatsthperreesocrni, beodf tbhye tahsissocAiactti, onit sshhaallll hbaevelabwefeunl for the Corporation to transfer and the Corporation shall transfer to the association concerned all the right, title, and interest of the Corporation in the sugar works. Upon the execution of such transfer, the sugar works shall be divested from the Corporation and shall vest in the association, and by virtue of this Act all the liabilities and obligations of the Corporation in respect of or otherwise in rehttion to the sugar works concerned shall be borne and discharged by the association Savings. During the period of the management and control of the sugar works by such association, the provisions of *" The Sugar Works Acts, 1922 to 1926," shall, subject to this Act, be and continue in force; and all the rights, powers, privileges, authorities, duties, and responsibilities vested in or imposed on the Corporation by virtue of such Acts shall, subject to this Act, be and continue to be in full force and effect. * 13 Geo. V. No. 30; 17 Geo. V. No. 14, supra, pages 10201, 11726.

SUGAR. 13365 1930. Tully Sugar Works Act. .. -.---.- . . ~ - - - - . - - . - - - . - - - - . - - - - 6. Notwithstanding anything contained in this Act, Stipulation or in *" The Regulation of Sugar Cane Prices Acts, 1915 apsaytoabP1ericfoe r to 1922," or any award thereunder, or in any other Act cane until or law practice or usage to the contrary it is hereby indebtedness d ec I are' d t hat un' 1ess and untl' 1 thella' bl'll' ty 0 'f t h e assoC , la re - d£ 4u0c0, e0d00t.o tion to the Treasurer has been reduced to the sum of four hundred thousand pounds, the price payable by the association for sugar-cane delivered to the sugar works shall not exceed the latest ruling price fixed for sugar-cane of similar quality by the Central Sugar Cane Prices Board constituted under and pursuant to *" The Regulation of Sugar Cane Prices Acts, 1915 to 1922." Moreover no bonus or other payment or allowance which would, whether directly or indirectly, have the effect of increasing the price paid for sugar-cane delivered to the sugar works beyond the maximum price as so declared to be payable by this section shall be paid or allowed by the association until the liability of the association to the Treasurer has been reduced to the said amount of four hundred thousand pounds herein- before mentioned. 7. During the period of the indebtedness of the Associatlon association to the Treasurer- n( IjS? tp. OtoSe 0 f (i.) The association shall not sell or dispo • se of W a~ s I teht o s ut any of thE! assets of the sugar works wlthout consent. the express consent in writing of the Corpora- tion in that behalf first had and obtained, and every agreement, contract, instrument, or writing made or entered into contrary to this provision shall be void and of no effect whatsoever; (ii.) The association shall observe and carry on Association lighting and carrying contracts (if any) an . d etoX . Is u t ~ I d n e g rtake other contracts which at the time of transfer contracts. were being carried on by the Corporation; (iii.) The association shall insure and keep insured Insurance, with the State Government Insurance Office, in the name and for the benefit of the Treasurer, such of its assets and in such amount as the Treasurer may direct; --_._ ---._--_. _-_._ .. _ - - - - . - - - - - - _ . _ . . .. _.- * 6 Gao. V. No. 5; 8 Geo. V. No. 18; 12 Geo. V. So. 8; 13 Geo. V. No. 10; fl (+eo. V. No. 20, supra, page~ 9887, 1021fl, 7035. L1

13366 SUGAR. Tttlly Sugar Works Act. 21 GEO. V. No. 24, Duty as to mainten· ance. r nspectim I, &c. Duty to give . information. Audits and accounts. Special audit. Accounts. The Treasurer, in the event of the failure of the association to comply with his direc~ tion, may effect such insurance and from time to time recover the premium thereon from t,ho' assCCiJ;l.t1on : The association shall at all times exercise due care of the assets of the sugar works, and shall maintain the sugar works in an efficient manner and to the satisfaction of the Treasurer; Any officer or officers -authorised in that behalf by the Treasurer shall at all reasonable times be permitted to enter the sugar works for inspection purposes, and shall be given access to the books of the association, and generally afforded every facility for inspecting the assets; ( vi~ ) The association shall, when required by the Treasurer, furnish the Treasurer with such information respecting costs and particulars of manufacture or with such other information in relation to the sugar works as the Treasurer may require ; (vii.) The Treasurer may from time to time appoint some person or persons holding a certificate of competency or some officer or officers of the Department of the Auditor· General to be the auditor or auditors of the association, and the association shall pay such auditor or auditors such remuneration as the Auditor~ General may determine; (viii.) The Treasurer may, at any time, appoint a special auditor or auditors to examine and report upon the accounts of the sugar works for any period fixed by the Treasurer. The cost and expenses of every such special audit, including the remuneration of the special auditor, shall be paid by the associa- tion; (ix.) The association shall keep such books of account and in such form as the Auditor- General may prescribe;

SUGAR. 13367 1930. Tully Sttgar' Warks Act. (x. ) The association shall in each year make such Provis~ on. , oi provision for depreciation of the assets of depreclaHOT!. the sugar works as the Auditor-General may prescribe. 8. If any default whatsoever is made by the Further aSSOC.latI'On I.n the payment 0 f any moneys made dreemfaeudlty. on payable under this Act or in the observance of any provision, covenant, condition, or stipulation therein contained, it shall be lawful for the Treasurer to forthwith determine the association's management and control and to retain possession of the sugar works, and the Treasurer shall have all rights, powers, and authorities in regard thereto as if this Act had not been passed, and moreover may sell or realise on the assets comprising the sugar works as he thinks fit. The powers and authorities of the Treasurer in respect, of the default of the association under this section may be exercised in the event of the cessation by such association of the operations of the sugar works during the period of its indebtedness to the Treasurer. 9. The provisions of this Act for securing to the Remedies of Treasurer the payment to him of the liability of the ~ ~ ~ ~ ~ ative. association, under this Act, and all other powers and authorities conferred on the Treasurer under or pursuant to this Act, shall be in addition to any other remedy which the Treasurer has against the association concerned as a creditor, and he may enforce any such remedy. 10. Sections fourteen and sixteen of *" The Sugar o A f m " e T nd he ment Works A ct of 1922" are repealed. .'·ugar Works •.1 ct of 1922." * 13 Geo. V. No. 30, supra, page 10201.