Wheat Delivery Quotas Act 1970 (Qld)

77 ANNO NONODECIMO ELIZABE THAE SECUNDAE REGINAE No. 4 of 1970 An Act to Make Provision with respect to the Determination of Quotas in respect of Deliveries of Wheat grown on Land used for Production of Wheat, to give Priority in the Storage and Marketing of Wheat to wheat accepted on behalf of the Australian Wheat Board, to modify the operation of the Wheat IndustryStabilizationAct 1968-1969, to modify the operation of The Wheat Pool Acts 1920 to 1957 , and for purposes connected therewith [ ASSENTED TO 10TH APRIL, 1970] 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 1--PRELIMINARY 1. Short title . This Act may be cited as the Wheat Delivery Quotas Act 1970. 2. Commencement . This Act shall be deemed to have come into operation on the First day of October, 1969.

78 Wheat Delivery Quotas Act 1970, No. 4 3. Parts of Act . This Act is divided into Parts as follows:- PART I-PRELIMINARY (SECTIONS 1-7); PART II-ALLOCATION OF WHEAT DELIVERY QUOTAS- Division 1-Wheat Delivery Quota Committee ( sections 8-26); Division 2-Wheat Delivery Quota Appeals Tribunal (sections 27-39); Division 3-Wheat Delivery Quotas ( sections 40-49); Division 4-Adjusted Quotas, Temporary Quotas and Rights of Quota Holders ( sections 50-54); Division 5-General ( sections 55-61); PART 111-MODIFICATION OF OPERATION OF THE WHEAT INDUSTRY STABILIZATION ACT 1968-1969 (SECTIONS 62-63); PART IV-MODIFICATION OF OPERATION OF THE WHEAT POOL ACTS 1920 To 1957 (SECTION 64). 4. Wheat Pool Acts and Wheat Industry Stabilization Act preserved. For the purposes of interpretation this Act shall be read as one with The Wheat Pool Acts` 1920 to 1957 and the Wheat Industry Stabilization Act1968-1969 and all Proclamations, Orders in Council and regulations thereunder for the time being in force, and (to the extent to which The Primary Producers' Organisation and Marketing Acts 1926 to 1966 and any Proclamations, Orders in Council and regulations thereunder relate to the State Board and to wheat, or to either) with those Acts, Proclamations, Orders in Council and regulations, and the provisions of The Wheat Pool Acts 1920 to 1957 and the Wheat Industry Stabilization Act1968-1969 and of all Proclamations, Orders in Council and regulations thereunder, and (to the extent to which they relate to the State Board and to wheat, or to either) the provisions of The Primary Producers' Organisation and Marketing Acts 1926 to 1966 and of all Proclamations, Orders in Council and regulations thereunder shall, save in so far as they are inconsistent with the express provisions of this Act, continue to apply to and with respect to wheat and wheatgrowers and all persons and matters to or with respect to whom or which those provisions apply at the coming into operation of this Act. 5. Application of Act. (1) This Act applies with respect to wheat of the season that commenced on the first day of October, one thousand nine hundred and sixty- nine and of each of the next three succeeding seasons not being a season in respect of which a Proclamation is made under subsection (2) of this section: (2) The Governor in Council may, by Proclamation published in the Gazette on or before the thirty-first day of March declare that this Act does not apply with respect to wheat of the season commencing on the next following first day of October. (3) The Governor in Council may by Proclamation published in the Gazette suspend the operation of this Act at any time. 6. Act to apply subject to Constitution . (1) If by reason of the Constitution of the Commonwealth, a provision of this Act, or a notice under a provision of this Act, cannot validly apply in relation to any particular wheat or class of wheat, that provision or notice shall be

Wheat Delivery Quotas Act 1970, No. 4 79 construed as intended to operate in relation to all wheat in relation to which it purports to apply, being wheat in relation to which it can validly apply. (2) Subsection (1) of this section is in addition to, and not in substitution for, any ocher provision relating to the construction of Acts and statutory instruments subject to the Constitution. 7. Interpretation . (1) In this Act unless the contrary intention appears- Appeals Tribunal " means the Wheat Delivery Quota Appeals Tribunal constituted under this Act; " appropriate State Minister " means in relation to a State wherein wheat is produced, the Minister of State of that State who administers the Department in that State dealing with agricultural matters and includes a Minister of State of that State acting on behalf of that Minister; " Australian Board " means the Australian Wheat Board continued in existence by the Commonwealth Act; " Australian wheat quota " means the quantity of wheat grown in Australia which the Commonwealth Minister and the appropriate State Ministers after consultation with the Australian Wheat Growers Federation agree to be the Australian wheat quota for a particular season; " Committee " means the Wheat Delivery Quota Committee constituted under this Act; "grower's adjusted quota" means a grower's adjusted quota allocated by the Committee in accordance with this Act; " grower's basic quota " means a grower's basic quota allocated by the Committee in accordance with this Act; " grower's temporary quota " means a grower's temporary quota allocated by the Committee in accordance with this Act; " over-quota wheat " means, in relation to the holder of a grower's basic quota and the land to which the quota attaches, wheat grown by the holder or on his behalf which is in excess of the quantity specified in the grower's basic quota or, where a grower's adjusted quota has been allocated, the grower's adjusted quota; " quota " means a wheat delivery quota allocated by the Committee under this Act; quota season " means a season with respect to the wheat whereof this Act applies by reason of section 5 of this Act; " quota wheat " means any wheat within the Australian wheat quota; sharefarmer " means a person, other than the owner or lessee of land upon which wheat has been grown or is to be grown, who receives not less than half the gross proceeds from the sale of wheat produced by him under a sharefarming agreement and who satisfies the Committee that he either owns or has committed himself to the purchase, hire or lease of the necessary plant and machinery for the production of such wheat;

80 Wheat Delivery Quotas Act 1970, No. 4 "shortfall" means in relation to a grower's basic quota or a grower's adjusted quota or a grower's temporary quota, the amount by which any such quota exceeds the quantity of quota wheat available from the holder of such quota, and in relation to the State, the amount by which the State wheat quota exceeds the quantity of quota wheat available in the State; " State Act " means the Wheat Industry StabilizationAct1968-1969; " State wheat quota " means in relation to a season such quantity of wheat as may from time to time be agreed upon by the Commonwealth Minister and the appropriate State Ministers as the quantity of wheat which shall be Queensland's share of the Australian wheat quota which may be delivered to the State Board and other licensed receivers of the Australian Board. (2) In this Act unless the contrary intention appears words and expressions shall have the same meaning as in the State Act. PART I [-ALLOCATION OF WHEAT DELIVERY QUOTAS Division 1-Wheat Delivery Quota Committee 8. Appointment of Committee . (1) For the purpose of this Act there shall be a Wheat Delivery Quota Committee which shall have the functions, powers, authorities, and duties conferred or imposed upon it by this Act. (2) The Committee shall consist of five members appointed by the Minister by notification published in the Gazette, namely- (a) a representative of the Department of Primary Industries; (b) three wheat growers who shall be nominated by the State Board; (c) one wheat grower who shall be nominated by The Queensland Graingrowers Association. (3) In the event of the failure of the State Board or The Queensland Graingrowers Association to nominate a sufficient number of wheat growers within the time specified by the Minister, the Minister may appoint a sufficient number of persons who shall be deemed to have been nominated by the State Board or The Queensland Graingrowers Association as the case may be. (4) The Minister shall, on the recommendation of the Committee, appoint a member of the Committee (other than the representative of the Department of Primary Industries) to be Chairman of the Committee. (5) Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of that office or shall be prohibited from engaging in employment other than that office, such provision shall be construed so as not to disqualify the holder from holding that office and also the office of a member of the Committee or from receiving and retaining any salary, allowance or expenses payable to him as a member of the Committee.

Wheat Delivery Quotas Act 1970, No. 4 81 9. Term of office of members . Subject to the provisions of section 10 of this Act, the persons appointed as members of the Committee for the first term shall hold office from the date of appointment until and including the thirty-first day of December, one thousand nine hundred and seventy-one and the persons appointed for any subsequent term shall hold office for such periods as may be prescribed. 10. Disqualifications from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964; or (d) being a nominated member, ceases to be a wheat grower, shall not be capable of being or continuing to be a member of the Committee. (2) A member of the Committee shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes incapable of continuing as a member; (d) if he is absent from three consecutive meetings of the Committee, of which due notice has been given to him, without leave granted by the Chairman; (e) if he resigns such office by writing under his hand delivered to the Minister; or (f) if his appointment is revoked by the Governor in Council. (3) Where the Governor in Council is satisfied that a member of the Committee has contravened or failed to comply with any provision relating to wheat of any Act or with any provision of this Act he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of such member. (4) Notwithstanding any Act or law to the contrary, if a person is summarily convicted for an indictable offence, the conviction shall for the purposes of paragraph (b) of subsection (1) of this section, be a conviction of an indictable offence. 11. Filling of vacancies . In the event of any vacancy arising in the membership of the Committee through any cause whatsoever, the Minister may appoint another person as a member for the unexpired portion of the term of office of his predecessor and any such appointment shall be made in the same manner as is provided in section 8 of this Act for the appointment of members. 12. Acting Chairman . The Minister may from time to time upon the recommendation of the Committee appoint any member of the Committee (other than the representative of the Department of Primary Industries)

82 Wheat Delivery Quotas Act 1970, No. 4 to act temporarily as Chairman of the Committee during any absence of the Chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the Chairman. 13. Deputy for member . The Minister may at any time appoint a deputy for any member of the Committee and any deputy so appointed shall in the absence of the member for whom he acts have the powers and authorities and shall perform the duties of the member whose deputy he is. 14. Presiding at meetings . (1) The Chairman shall preside at all meetings of the Committee at which he is present. (2) If the Chairman is unable for any reason to attend any meeting of the Committee, the acting Chairman (if any) shall preside at the meeting. (3) If both the Chairman and the acting Chairman (if any) are absent from any meeting of the Committee, the members present shall appoint one of their number to preside at the meeting. 15. Notice and adjournment of meeting . (1) All meetings of the Committee shall be convened by the Chairman who shall cause at least two days' notice to be given in writing to each member. (2) For the purposes of subsection (1) of this section notice by telegram shall constitute sufficient notice in writing. (3) The Committee may unanimously decide that shorter notice may he given of any meeting either generally or in a particular case. (4) The Chairman or the person presiding at the meeting may at any time during the course of any meeting of the Committee adjourn such meeting until such time and to such place as may be decided by the meeting. 16. Quorum . (1) At any meeting of the Committee, three members shall constitute a quorum and all the powers and authorities of the Committee may be exercised at any meeting thereof at which a quorum is present. (2) if a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them or any one member, if only one is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment. (3) Nothing in this Act shall be construed so as to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. 17. Voting. (1) At any meeting of the Committee, all questions shall be decided by a majority of votes of the members present. (2) If a member (other than a member to whom subsection (3) of this section relates) fails or refuses to vote he shall be deemed to have voted in the negative. (3) The member who is the representative of the Department of Primary Industries may refrain from voting on any question at his discretion.

Wheat Delivery Quotas Act 1970, No. 4 83 (4) The person presiding at the meeting of the Committee shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. (5) Notwithstanding the provisions of sections 15 and 16 of this Act and subsection (1) of this section, the Chairman or acting Chairman of the Committee may at any time refer any question requiring the consideration of the Committee to all members of the Committee in writing and any decision made in writing of a majority of the members of the Committee shall have the same force and effect as a decision made at a properly constituted meeting. For the purposes of this subsection a reference by telegram shall constitute a sufficient reference in writing. (6) An act or proceeding of the Committee shall not be invalid or illegal in consequence only of the number of members of the Committee not being complete at the time of such act or proceeding. 18. Procedure . Subject to this Act and the regulations the Committee may regulate its own procedure. 19. Member to withdraw if he has pecuniary interest . No member of the Committee shall at any time exercise a vote in respect of the allocation, re-allocation, transfer, review, forfeiture, increase or reduction of any grower's basic quota, grower's adjusted quota or grower's temporary quota in respect of which he holds any pecuniary interest, and any member who holds any such interest shall declare that interest to the Committee and shall withdraw from any meeting of the Committee during any discussion concerning that grower's quota. 20. Subcommittee . The Committee may at any time appoint a subcommittee from among its members to examine and recommend to the Committee any matter or thing relevant to its functions as defined in this Act. 21. Minutes . (1) The Chairman of the Committee shall cause a record to be kept of all decisions of the Committee whether made at a duly constituted meeting or by reference in writing and such record shall be presented to a subsequent meeting of the Committee for confirmation as to its correctness and shall thereupon be signed by the Chairman and thereupon shall form part of the official minutes of the Committee. (2) Any record of a decision contained in such minutes may be tendered as evidence of such decision by the Committee at any hearing by the Appeals Tribunal or in any court and shall he judicially noticed. 22. Fees and expenses . The members of the Committee, including the Chairman, shall be entitled to receive such allowances, fees and expenses as may from time to time be approved by the Minister. 23. Finance . (1) All costs including any allowances, fees and expenses associated with the functions and operation of the Committee and of the Appeals Tribunal incurred in connexion with the administration of Part II of this Act shall be borne in the first instance by the State Board. (2) The Australian Board shall reimburse the State Board for all costs paid by the State Board pursuant to subsection (1) of this section and those costs, and any costs of a similar kind paid or reimbursed by

84 Wheat Delivery Quotas Act 1970, No. 4 the Australian Board in accordance with the law of another State shall be regarded as forming part of the costs of administration incurred by the Australian Board referred to in paragraph (b) of subsection (5) of section 15 of the State Act. 24. Accounts . ( 1) The Committee shall cause true and proper accounts to be kept of all sums of money received and paid by or on behalf of the Committee for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid. (2) With the approval of the Minister , the Committee may arrange for the keeping of accounts on behalf of the Committee by the State Board (which is hereby thereunto authorized). (3) The accounts as kept in accordance with subsection ( 1) of this section shall be audited by the Auditor-General or by a person appointed by the Auditor- General and the cost of this audit shall be an expense of the Committee. (4) The Auditor- General shall at least once in each year report to the Committee the results of the audit carried out under subsection (3) of this section and, if he deems necessary , shall make recommendations to the Committee in regard to the conduct of its financial transactions. (5) The Committee shall give due consideration to the report and recommendations , if any, of the Auditor-General made in accordance with subsection ( 4) of this section. (6) The Auditor -General or an officer authorized by him shall have a right of access at all reasonable times to the accounting and associated records of the Committee and shall be entitled to require from a member, officer or employee of the Committee such information and explanation as he considers necessary for the purpose of the audit and the person shall comply with the requirement. (7) The Auditor- General shall transmit to the Minister a copy of any report and recommendations made by him under subsection (4) of this section. 25. Staff . (1) The Committee may appoint a secretary and such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. (2) The Committee may, with the approval of the Minister, arrange with the State Board (which is hereby thereunto authorized) for the performance of secretarial and other duties in relation to the Committee. 26. Powers of Committee . The Committee shall, with respect to the functions conferred upon it by this Act, have power and authority from time to time to take such action and to obtain such information as in its opinion is necessary or expedient for the carrying into execution of the objects and intentions of this Act, and in particular but without in any way limiting the generality of the powers aforesaid may- (a) obtain the assistance of technical or other advisers who in the opinion of the Committee may be able to furnish information or advice which would be of assistance to the Committee in the performance of its functions, and defray such costs as may be incurred in obtaining such assistance;

Wheat Delivery Quotas Act 1970, No. 4 85 (b) notwithstanding the provisions of The Wheat Pool Acts 1920 to 1957 or any Order in Council or regulation thereunder require the State Board to furnish any information or copy of any record, document or writing which in the opinion of the Committee is relevant to any matter before it and which is in the possession of or is known to the State Board or its agents, and the State Board and its agents shall at all times make such information or copy of such record, document or writing available to the Committee; (c) inspect any wheat farm either by the members of the Committee or by any person specifically authorized in that behalf by the Chairman of the Committee. Division 2-Wheat Delivery Quota Appeals Tribunal 27. Appointment of Appeals Tribunal . (1) For the purposes of this Act, there shall be a Wheat Delivery Quota Appeals Tribunal which shall have the functions, powers, authorities, and duties conferred or imposed upon it by this Act. (2) The Appeals Tribunal shall consist of three members appointed by the Governor in Council by notification published in the Gazette, namely- (a) A barrister-at-law, a Stipendiary Magistrate, or a person who has been a Stipendiary Magistrate, who shall be Chairman; (b) A person nominated by the Minister who shall be well versed in matters relating to the Wheat Industry and who shall not, directly or indirectly by himself or his partner or partners, have any pecuniary interest in the production, sale, milling or processing of wheat; (c) A person to be selected by the Minister from a panel of three persons nominated by the State Board. (3) A member of the Legislative Assembly of Queensland, or of the Parliament of the Commonwealth, shall not be qualified to be, or to act as a member of the Appeals Tribunal. (4) In the event of the failure or refusal by the State Board to nominate a panel of three persons before a date specified in writing by the Minister in that behalf the Governor in Council may appoint any person to be the third member of the Appeals Tribunal and that person shall be deemed to have been duly nominated by the State Board and to have been duly selected by the Minister. 28. Term of office of members. Subject to this Act, the persons appointed as members of the Appeals Tribunal for the first term shall hold office from the date of appointment until and including the thirty-first day of December, one thousand nine hundred and seventy-one, and members appointed for any subsequent term shall hold office for such periods as may be prescribed. 29. Disqualification from and vacation of office . (1) Any person who- (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or

86 Wheat Delivery Quotas Act 1970, No. 4 (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of The Mental Health Acts 1962 to 1964, shall not be capable of being or continuing to be a member of the Appeals Tribunal. (2) A member of the Appeals Tribunal shall be deemed to have vacated his office as such- (a) at the expiry of his term of office; (b) if he dies; (c) if he becomes incapable of continuing as a member; (d) if he is absent from three consecutive sittings of the Appeals Tribunal without leave granted by the Chairman; (e) if he resigns such office by writing under his hand delivered to the Minister; (f) (where he was nominated by the Minister in accordance with paragraph (b) of subsection (2) of section 27 of this Act) if he is directly or indirectly interested by himself in, or he or his partner or partners have a pecuniary interest in, the production, sale, milling or processing of wheat; or (g) if his appointment is revoked by the Governor in Council. (3) Where the Governor in Council is satisfied that a member of the Appeals Tribunal has contravened or failed to comply with any provision relating to wheat of any Act or with any provision of this Act he may, whether or not such member has been convicted of such contravention or failure, revoke the appointment of that member. (4) Notwithstanding any Act or law to the contrary, if a person is summarily convicted for an indictable offence the conviction shall, for the purposes of paragraph (b) of subsection (1) of this section, be a conviction of an indictable offence. 30. Filling of vacancies . In the event of any vacancy arising in the membership of the Appeals Tribunal through any cause whatsoever, the Governor in Council may appoint another person as a member for the unexpired portion of the term of office of his predecessor, and any such. appointment shall be made in the same manner as is provided in section 27 of this Act. 31. Acting Chairman. The Governor in Council may at any time appoint a person qualified in accordance with paragraph (a) of subsection (2) of section 27 of this Act to act temporarily as Chairman of the Appeals Tribunal during any absence of the Chairman, and whilst so acting that person shall have all the powers and shall perform all the duties of the Chairman. 32. Acting member . The Governor in Council may at any time appoint a person to act in the place of a member of the Appeals Tribunal during any absence of the member and any person so appointed shall during any absence of the member for whom he acts have the same powers and authorities as the member for whom he so acts.

Wheat Delivery Quotas Act 1970, No. 4 87 33. Fees and expenses . The members of the Appeals Tribunal including the Chairman shall be entitled to receive such allowances, fees and expenses as may from time to time be approved by the Governor in Council. 34. Notice and adjournment of sittings . (1) All sittings of the Appeals Tribunal shall be convened by the Chairman who shall cause at least two days' notice to be given in writing to each member. (2) For the purposes of subsection (1) of this section notice by telegram shall constitute sufficient notice in writing. (3) The Chairman or in the event of an acting Chairman having been appointed, the acting Chairman, whilst acting as Chairman, may adjourn any sitting from time to time and from place to place. 35. Quorum . At any sitting of the Appeals Tribunal, any two members shall constitute a quorum provided that the Chairman, or in the event of an acting Chairman having been appointed the acting Chairman, is one of the members present, and all the powers and authorities of the Appeals Tribunal shall be exercisable at any sitting thereof at which a quorum is present. 36. Decisions . (1) At any sitting of the Appeals Tribunal all questions shall be decided by a majority of the members present. (2) The member to whom paragraph (c) of subsection (2) of section 27 of this Act relates shall not take part in proceedings of the Appeals Tribunal in respect of any matter relating to any grower's basic quota, grower's adjusted quota or grower's temporary quota in which he holds any pecuniary interest. (3) 1n the event of only two members being present at a sitting of the Appeals Tribunal and failing to agree on any matter, such matter shall be referred to the next sitting of the Appeals Tribunal. 37. Record of decisions . (1) The Chairman of the Appeals Tribunal shall cause a record signed by him to be kept of all decisions of the Appeals Tribunal. (2) Any such record purporting to be under the hand of the Chairman shall be evidence of the decision in question and until the contrary is proved, shall be conclusive such evidence. 38. Staff. The Appeals Tribunal shall appoint or arrange for the services of a secretary and may appoint or arrange for the services of such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act. 39. Powers of Appeals Tribunal . (1) For the purpose of exercising its functions under this Act, the Appeals Tribunal shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the Chairman or the Acting Chairman, as the case may be, shall have all the powers of the Chairman of such a Commission except such powers as are limited to a Chairman of such a Commission who is a Judge of the Supreme Court.

88 Wheat Delivery Quotas Act 1970, No. 4 (2) Any witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such scale as may be prescribed or in the absence of a prescribed scale as may be determined by the Chairman of the Appeals Tribunal. Division 3-Wheat Delivery Quotas 40. Allocation of grower ' s basic quota for 1969 - 70 season. (1) Subject to the provisions contained in this Part, for the 1969-70 season quotas for deliveries of wheat up to the quantity of the State wheat quota specified as available for that purpose shall be allocated by the Committee in accordance with the provisions of this section. (2) A person who is the owner or lessee of land from which wheat has been delivered in Queensland to the State Board or other licensed receiver of the Australian Board in each of the seasons 1966-67, 1967-68 and 1968-69, and in any case where there is a sharefarmer of that owner or lessee that sharefarmer conjointly with the owner or lessee, shall be allocated a grower's basic quota equal to one third of the total quantity of wheat so delivered during such seasons, less a deduction of ten per centum. (3) A person who is the owner or lessee of land from which wheat has been delivered in Queensland to the State Board or other licensed receiver of the Australian Board in two only of the seasons 1966-67, 1967-68 and 1968-69, and in any case where there is a sharefarmer of that owner or lessee that sharefarmer conjointly with the owner or lessee, shall be allocated a grower's basic quota equal to one third of the notional delivery quantity ascertained in respect of such person or persons in accordance with subsection (6) of this section, less a deduction of thirty-five per centum. (4) A person who is the owner or lessee of land from which wheat has been delivered in Queensland to the State Board or other licensed receiver of the Australian Board in one only of the seasons 1966-67, 1967-68 and 1968--69, and in any case where there is a sharefarmer of that owner or lessee that sharefarmer conjointly with the owner or lessee, shall be allocated a grower's basic quota equal to one third of the notional delivery quantity ascertained in respect of such person or persons in accordance with subsection (6) of this section less a deduction of forty-five per centum. (5) A person who is the owner or lessee of land from which wheat was not delivered in Queensland to the State Board or other licensed receiver of the Australian Board in any of the seasons 1966-67, 1967-68 and 1968-69, and in any case where there is a sharefarmer of that owner or lessee that sharefarmer conjointly with the owner or lessee but who satisfies the Committee that prior to the twelfth day of March, one thousand nine hundred and sixty-nine he had prepared land for planting to wheat for the 1969-70 season and had acquired or entered into an arrangement to acquire the necessary plant and machinery for the cultivation of wheat on the land so prepared, shall be allocated a grower's basic quota ascertained by multiplying the number of acres of land so prepared by the average quantity of wheat per acre delivered in Queensland to the State Board or other licensed receiver of the Australian Board in the district in which the land was prepared ascertained with respect to that district in accordance with subsection (7) of this section and deducting therefrom sixty-six per centum, but in no case shall a

Wheat Delivery Quotas Act 1970, No. 4 89 grower's basic quota in excess of ninety per centum of the average quantity of wheat per farm delivered in Queensland to the State Board or other licensed receiver of the Australian Board from farms in the district in question- be allocated under this subsection to any person or persons. (6) Where wheat has been delivered in Queensland to the State Board or other licensed receiver of the Australian Board in one or two but not three of the seasons 1966-67, 1967-68 and 1968-69, a notional delivery quantity for such three seasons in respect of the owner or lessee (including as the case may be a sharefarmer of the owner or lessee) of the land from which such wheat was delivered (hereinafter in this subsection called " the quota land ") shall be ascertained as follows:- (a) the quantity of wheat so delivered from the quota land shall be expressed as a percentage of total deliveries to the State Board or other licensed receiver of the Australian Board in the district in which wheat was delivered from the quota land during those of the abovementioned seasons in which wheat was so delivered; (b) the total quantity of wheat delivered to the State Board or other licensed receiver of the Australian Board from all land within such district during the season or seasons in which wheat was not so delivered from the quota land shall be multiplied by the percentage ascertained in accordance with paragraph (a) of this subsection; (c) the quantity ascertained in accordance with paragraph (b) of this subsection shall be added to the quantity delivered from the quota land to the State Board or other licensed receiver of the Australian Board within such district during the seasons in which wheat was delivered by the person concerned, and the sum of such quantities shall become the notional delivery quantity of the owner or lessee referred to in this subsection; (7) For the purposes of subsection (5) of this section- (a) " the average quantity of wheat per acre delivered " in respect of the district concerned shall be ascertained by dividing the sum of the quantity of wheat delivered in Queensland to the State Board or other licensed receiver of the Australian Board in that district during each of the seasons 1966-67, 1967-68 and 1968-69 by the sum of the acreages of land (as determined by the Committee) which were sown to wheat for grain in that district in respect of each of those seasons; and (b) " the average quantity of wheat per farm delivered " in respect of the district concerned shall be ascertained by dividing the sum of the quantity of wheat delivered in Queensland to the State Board or other licensed receiver of the Australian Board in that district during each of the seasons 1966-67, 1967-68 and 1968-69 by the sum of the total number of farms (as determined by the Committee) from which wheat was so delivered in each of those seasons. (8) For the purpose of this section wheat grown in a district in respect of which hail insurance compensation had been paid by the State Board in pursuance of the regulations under The Wheat Pool Acts 1920 to 1957 shall be deemed to be wheat which was delivered in that district to the State Board during the season in respect of which such compensation was paid.

90 Wheat Delivery Quotas Act 1970, No. 4 41. Allocation of grower ' s basic quota for subsequent seasons. (1) For any season subsequent to the 1969-70 season, during which an Australian wheat quota applies, the basis of allocation of quotas for deliveries of wheat up to the quantity of the State wheat quota specified as available for that purpose for the season in question shall be as prescribed by regulations under this Act and for any such season in question quotas for delivery of wheat up to the quantity of the State wheat quota specified as available for that purpose shall, subject to the provisions contained in this Part, be allocated by the Committee in accordance with the basis for that season so prescribed. (2) The Committee shall furnish the Minister with such advice, reports and information concerning quotas as the Minister requires from time to time. (3) Before regulations are made for the purposes of subsection (1) of this section, the Minister shall consult with the State Board and The Queensland Graingrowers Association. (4) In making regulations for the purposes of subsection (1) of this section the Governor in Council shall have regard to the nature and effect of the provisions of section 40 of this Act with respect to the 1969-70 season. 42. Qualifications of quota holders . A person shall not be qualified to hold a grower's basic quota unless- (a) he is the owner or lessee of the land to which the quota is to be attached, or is the sharefarmer of such owner or lessee; or (b) he satisfies the Committee that his interest in such land is such that the holding by him of a grower's basic quota would be fair and reasonable. 43. Grower' s basic quota to attach to land and holder . A grower's basic quota shall attach both to the person or persons to whom it is allocated and to the land specified in such allocation. Any wheat produced on any land other than the land specified in the allocation of a grower's basic quota shall not form part of that grower's basic quota or that grower's adjusted quota. 44. Interest of sharefarmer in grower ' s basic quota. (I) In any case where a grower's basic quota attaches to land on which wheat is produced by a sharefarmer such quota shall be allocated jointly to the owner or lessee of the land and to the sharefarmer. (2) In the event of a sharefarmer ceasing to produce wheat on land to which a grower's basic quota attaches in a case where the quota has been allocated jointly to the owner or lessee of such land and to the sharefarmer, the quota. shall revert to the Committee and the Committee may, subject to the provisions in this Division, reallocate such quota to such person or persons and in such manner as the Committee may deem appropriate. 45. Transfer of grower ' s basic quota. (1) A grower's basic quota shall not be transferred from the holder or holders thereof to any other person or persons unless the holder or holders thereof have obtained the prior approval in writing of the Committee (which is hereby hereunto authorized) to such transfer and unless such other person is, or persons are, qualified to hold that grower's basic quota.

Wheat Delivery Quotas Act 1970, No. 4 91 (2) Where the holder of a grower's basic quota is the proprietor of more than one parcel of land to which one or more growers' basic quotas attach, he may with the approval of the Committee prior to planting wheat transfer the whole or part of the grower's basic quota or quotas attaching to one or more of such parcels of land to one or more of the remaining parcels of such land. (3) The Committee may approve of the allocation in Queensland of a grower's basic quota to any person in respect of whom the authority administering such quotas or the equivalent thereof in another State has approved the transfer of such person's grower's basic quota or the equivalent thereof from such State to Queensland. (4) A grower's basic quota shall not be transferred from the State of Queensland to another State unless the Minister has first approved of such transfer. 46. Forfeiture and reduction of quota . (1) Where a grower's basic quota has been allocated and the Committee is satisfied that- (a) there has been failure for any two successive seasons to plant a sufficient acreage to wheat to produce that quota; or (b) there has been failure for three successive seasons to produce that quota; or (c) the allocation of the quota was made in error or in consequence of any false document, statement or representation, or fraudulent document, statement or misrepresentation, the Committee may by notice call upon the holder or holders of the grower's basic quota in question to show cause within the time specified in the notice why the Committee should not- (d) forfeit the grower's basic quota concerned; or (e) reduce the amount of the grower's basic quota concerned by such amount as is specified in the notice, and where sufficient cause is not shown within the time specified in the notice or within any extension of time which the Committee may allow, the Committee may deal with the grower's basic quota according to the tenor of the notice. (2) Where sufficient cause has been shown why the Committee should not forfeit the grower's basic quota, the Committee may, if it thinks fit, reduce the amount of the quota by such amount as it thinks fit. 47. Application for allocation of quota or increase of quota . (1) Any person to whom a grower's basic quota has not been allocated may make application to the Committee in the prescribed form and in the prescribed manner for the allocation of a grower's basic quota. (2) Any person holding a grower's basic quota may make application to the Committee in the prescribed form and in the prescribed manner for an increase in such quota. (3) Upon consideration of any such application, the Committee, having regard to the particular circumstances and notwithstanding anything contained in sections 40 and 41 of this Act, may- (a) refuse the application; or (b) grant the application by increasing the grower's basic quota by such amount as it thinks fit, or by allocating a grower's basic quota, as the case may be.

92 Wheat Delivery Quotas Act 1970, No. 4 (4) The Committee may at any time, irrespective of whether an application has been made or not, increase the grower's basic quota of any person. 48. Interim Quota Committee . (1) All determinations, allocations, decisions and actions of the Committee known as the " Interim Wheat Quota Committee " (being a committee constituted by the Minister on the eleventh day of September, one thousand nine hundred and sixty-nine by writing under his hand) made or taken prior to the commencement of this Act with respect to the allocation of growers' basic quotas, growers' adjusted quotas and growers' temporary quotas, the notification thereof and the submission and consideration of applications for such quotas shall be deemed to have been taken under this Act and shall have effect as if they had been made or taken by the Committee under and in accordance with this Act. (2) All fees, allowances and expenses paid to members of the Interim Wheat Quota Committee shall be deemed to be an expense associated with the functions and operation of the Committee incurred in connexion with the administration of this Part of this Act and to have been properly paid. 49. Appeal . (1) Any person who is aggrieved by a decision of the Committee may appeal against the decision to the Appeals Tribunal. (2) An appeal shall not be brought under this section unless- (a) it is limited to one or more of the following grounds of appeal, namely:- (i) that the decision of the Committee was not in accordance with this Act; (ii) that the decision of the Committee was manifestly unfair; (iii) that the decision of the Committee would cause severe personal hardship to the appellant; (b) it is made in the prescribed form which shall be accompanied by the prescribed fee, or if no fee is prescribed, a fee of twenty dollars; and (c) it is made within the prescribed time and in the prescribed manner. (3) The Appeals Tribunal may request the applicant to submit any information or document that it considers necessary within such time as =s specified in the request. (4) The Appeals Tribunal shall hear and determine every appeal under this section and may by its decision confirm, vary or reverse the decision of the Committee. (5) Any appeal which the Appeals Tribunal considers frivolous or vexatious shall be dismissed by the Appeals Tribunal. (6) Where the Appeals Tribunal does not consider that an appeal is frivolous or vexatious, the fee as hereinbefore mentioned shall be refunded to the appellant. (7) The Appeals Tribunal shall advise the Committee of its decision and the Committee shall then take such action as is necessary to give effect to the decision of the Appeals Tribunal.

Wheat Delivery Quotas Act 1970, No. 4 93 Division 4-Adjusted Quotas, Temporary Quotas and Rights of Quota Holders 50. Allocation of adjusted quotas. The Committee may from time to time during any season in relation to the holder or holders of a grower's basic quota, allocate a grower's adjusted quota for that season, which quota shall be arrived at by taking into consideration- (a) the grower's basic quota; and (b) any one or more types of shortfalls; and (c) all allocations of growers' basic quotas in excess of the State wheat quota; and (d) such other considerations as may from time to time be prescribed or as may in the discretion of the Committee be deem-,d desirable. 51. Grower ' s temporary quota. The Committee may from time to time during any season in relation to any person who is not the holder of a grower's basic quota allocate a grower's temporary quota to that person, which temporary quota shall be arrived at by taking into consideration any shortfall in the State quota during that season. 52. Rights attaching to grower ' s basic quota . The holder or holders of a grower's basic quota shall be entitled- (a) to deliver to the State Board or any other licensed receiver of the Australian Board such proportion of the grower's basic quota or, where a grower's adjusted quota has been allocated, of the grower's adjusted quota as the State Board or other licensed receiver of the Australian Board with the consent of the Committee may from time to time determine; (b) to share in the allocation by the Committee of any shortfalls on such basis as may from time to time be prescribed under this Act, or in the event of such basis not being prescribed on a basis determined by the Committee. 53. Rights attaching to grower ' s temporary quota. The holder or holders of a grower's temporary quota shall be entitled, after all wheat available from the holders of growers' basic quotas has been delivered in Queensland in accordance with the provisi6ns of this Division to the State Board or other licensed receiver of the Australian Board, to deliver in Queensland to the State Board or other licensed receiver of the Australian Board such proportion of his grower's temporary quota as the State Board or other licensed receiver of the Board with the consent of the Committee may from time to time determine. 54. No entitlement to deliver unless holder of quota. No person shall be entitled to deliver wheat of a season to the State Board or to other licensed receivers of the Australian Board unless he is the holder of a grower's basic quota, a grower's adjusted quota or a grower's temporary quota under this Act.

94 Wheat Delivery Quotas Act 1970, No. 4 Division 5-General 55. Limitation of liability . No act, matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the State Board or any other licensed receiver of the Board; (c) any member of the Committee or the Interim Wheat Quota Committee; (d) any member of the Appeals Tribunal; (e) any officer of the Department of Primary Industries, for the purpose of carrying out or giving effect to this Act, shall subject them or any of them or the Crown to any action, liability, claim or demand. 56. No restriction on re-appointment . Nothing contained in this Act shall prevent any person from being immediately, or at any time, re-appointed to any office or place under this Act if he is otherwise capable for the time being, of holding that office or place. 57. Offences and penalties . (1) Any person who except with the prior written approval of the Committee (proof whereof shall lie upon him) delivers to the State Board or any other licensed receiver of the Australian Board any wheat which he knows not to be part of his grower's basic quota, his grower's adjusted quota or his grower's temporary quota for the time being shall be guilty of an offence and be liable to a penalty not exceeding one thousand dollars and to the forfeiture to the State Board of the wheat in respect of which the offence was committed and any payment made by the State Board or any other licensed receiver of the Australian Board to any person prior to the conviction of such person for such wheat shall be recoverable by the State Board or other licensed receiver of the Australian Board from the person to whom the payment was made as if it were a debt due and unpaid by him to the State Board or such other licensed receiver of the Australian Board. (2) Any person who refuses or fails to furnish any information or return as required under this Act shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred dollars and to an additional penalty not exceeding five hundred dollars if such person continues after conviction for an offence under this subsection to refuse or to fail to furnish such information or return. (3) A person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (4) Any person who commits an offence against this Act, for which a penalty is not expressly provided , shall be liable to a penalty not exceeding two hundred dollars. 58. Liability for offences by corporations , etc. (1) Except where otherwise expressly provided in this Act, where a corporation offends against this Act each and every one of the following persons shall be

Wheat Delivery Quotas Act 1970, No. 4 95 deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely:- (a) the managing director, manager, or other governing officer, by whatever-name called, and every member of the governing body, by whatever name called, thereof; and (b) every person who in Queensland manages or acts or takes part in the management, administration, or government of the business in Queensland of the corporation. (2) Subsection (1) of this section applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it. (3) Except where otherwise expressly provided in this Act, where any member of a partnership, firm, unincorporated body or association of persons commits an offence against this Act, the other member or members, as the case requires, of that partnership, firm, body or association shall be deemed to have also committed the offence and shall be liable to be proceeded against and punished accordingly. (4) No person who is proceeded against pursuant to this section shall be convicted if the Court is satisfied that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances. 59. Recovery of penalties . (1) All offences against this Act may be prosecuted in a summary way under The Justices Acts 1886 to 1968, upon the complaint of the Chairman of the Committee, or of any person authorized by the Minister either generally or in the particular case. (2) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. 60. Regulations . (1) The Governor in Council may from time to time make such regulations, not inconsistent with this Act, for or with respect to- (a) the basis on which representatives of wheat producers on the Committee may be nominated by the State Board and/or The Queensland Graingrowers Association including the definition of any districts necessary for such purpose; (b) any matter relating to the calling, conduct and adjournment of meetings of the Committee or any matter relating to the conduct of the sittings of the Appeals Tribunal; (c) providing for any matter concerning the records, finance, accounts or staff of the Committee; (d) providing for such additional functions and duties to be performed by the Committee as may be considered to be desirable; (e) prescribing the basis of allocation or reallocation of growers' basic quotas to be adopted by the Committee and the fixing of maximum growers' basic quotas that may be granted by the Committee; (f) prescribing the basis of allocation of shortfalls to be adopted by the Committee;

96 Wheat Delivery Quotas Act 1970, No. 4 (g) providing for the determination and allocation of growers' adjusted quotas; (h) providing for the determination and allocation of growers' temporary quotas; (i) defining districts in relation to allocation of wheat delivery quotas; (j) prescribing the basis on which the Committee may approve or disapprove of any transfer, amendment or forfeiture of a grower's basic quota; (k) prescribing forms under this Act, and the respective purposes for which such forms or forms to the like effect may be used; (1) prescribing returns of any information, statistics and data and the persons or classes of persons who shall furnish such returns and the times and places of the furnishing thereof; (m) prescribing the amount of any penalty but not exceeding in any case two hundred dollars for any contravention of or failure to comply with a regulation; (n) providing for the subscribing of declarations as to the truth of any statement, application or return or any part or parts thereof made pursuant to this Act; (o) all matters required or permitted by this Act to be prescribed; (p) providing for all or any purpose whether general or to meet particular circumstances as may be convenient for the administration of this Act or that may be necessary or expedient for carrying out the objects and purposes of this Act. (2) The power to make for or with respect to any persons or any matters or things whatsoever, any regulation shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things. (3) The power to make regulations for or with respect to any matter or thing shall include the power to make regulations prohibiting that matter or thing either generally or to meet particular cases. 61. Publication of Proclamations , Orders in Council and regulations. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matter contained therein; (c) take effect on and from the date of such publication, unless in the case of any such regulation a later date is specified in that or any other such regulation for its commencement when in such event it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

Wheat Delivery Quotas Act 1970, No. 4 97 (2) If the Legislative Assembly passes a resolution, of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council or regulation has been laid before the Legislative Assembly, disallowing such Proclamation, Order in Council or regulation or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a new Proclamation, Order in Council or, as the case may be, regulation. PART III-MODIFICATION OF OPERATION OF THE WHEAT INDUSTRY STABILIZATION ACT 1968-1969 62. Modification of operation of s. 15 of State Act. (1) In relation to a quota season, or a season that is not a quota season but immediately follows a quota season, section 15 of the Wheat Industry StabilizationAct1968-1969 has effect as if references in that section to wheat of a season were references to wheat included in the pool for that season in accordance with this section. (2) The pool for a quota season (in this subsection referred to as " the relevant season ") consists of the following wheat delivered to the Australian Board (whether in pursuance of the State Act or of a law of the Commonwealth or of another State):- (a) wheat (whether of the relevant season or of an earlier quota season) delivered during the relevant season or an earlier quota season and appearing from the records of the Australian Board to be the whole or a part of a quota that is applicable in relation to a person in respect of the relevant season under Part 11 of this Act or a corresponding law of another State providing for the fixing of wheat delivery quotas; (b) any other wheat, being wheat of the relevant season that is delivered to the Australian Board during the relevant season and declared by the Australian Board to have been sold by the Australian Board and paid for in full, during the relevant season; and (c) any other wheat, being wheat of an earlier quota season, that- (i) was delivered to the Australian Board before the relevant season ; (ii) was not included in the pool for a season before the relevant season; and (iii) is declared by the Australian Board to have been sold by the Australian Board, and paid for in full, during the relevant season. (3) The pool for a season that is not a quota season but immediately follows a quota season consists of the following wheat delivered to the Australian Board (whether in pursuance of the State Act or of a law of the Commonwealth or of another State):- (a) wheat of that season; and (h) wheat of an earlier season, being a quota season, that was not included in the pool for an earlier season. 4

98 Wheat Delivery Quotas Act 1970, No. 4 (4) The Australian Board may, in such manner as it considers equitable, attribute sales of wheat referred to in a declaration under paragraph (b) or (c) of subsection (2) of this section, being wheat of a particular kind, to all or any of the wheat of that particular kind delivered by particular persons. (5) The reference in subsection (5) of section 15 of the WheatIndustry Stabilization Act1968-1969 to costs of administration incurred by the Australian Board shall be taken to include a reference to costs paid or reimbursed by the Australian Board in connexion with the administration of Part II of this Act or a law of another State relating to wheat delivery quotas. 63. Modification of operation of s. 16 of State Act. Subsection (2) of section 16 of the State Act has effect in relation to moneys to which that section applies paid to the State Board in respect of wheat included pursuant to section 62 of this Act in the pool for a season that is a quota season, or a season that is not a quota season but immediately follows a quota season, as if the wheat delivered to the State Board and included in the pool for the season in question were the only wheat delivered to the State Board for that season. PART IV-MODIFICATION OF THE WHEAT POOL ACTS 1920 TO 1957 64. Modification of the Wheat Pool Acts. (1) Whilst this Act remains in force The Wheat Pool Acts 1920 to 1957 apply subject to this section. (2) Subject to this section, a quota shall entitle the holder to deliver to the State Board or to other Queensland licensed receivers of the Australian Board wheat of a season up to the quantity specified in the quota allocated to him in respect of that season. (3) Delivery of quota wheat shall be made in accordance with directions issued from time to time by the State Board. (4) Where over-quota wheat grown by the holder of a quota for a particular season is accepted by the State Board during that season that over-quota wheat shall be treated as wheat accepted as part of the quota allocated to that holder for the next season or, if that holder has no quota for the next season, as part of the quota allocated to any other person in respect of the land on which the wheat was grown. (5) The State Board with the consent of the Committee shall determine in respect of every season the quantity of wheat which may be accepted from time to time from any wheat grower for storage and sale having regard to the space available in the State Board's storage system and the quotas allocated to wheat growers under Part 11 of this Act. (6) Notwithstanding anything in The Wheat Pool Acts 1920 to 1957 the State Board may from time to time refuse to accept delivery of any

Wheat Delivery Quotas Act 1970, No. 4 99 wheat sought to be delivered without any determination having been made under subsection (5) of this section in relation thereto or contrary to any condition, limitation, or restriction of any such determination. (7) Unless otherwise directed by the Committee the State Board shall not accept wheat grown by a person who is not the holder of a grower's basic quota or a grower's temporary quota.