Wheat Pool Act and Another Act Amendment Act 1989 (Qld)

640 WHEAT POOL ACT AND ANOTHER ACT AMENDMENT ACT No. 59 of 1989 ANALYSIS OF CONTENTS 1. Short Title 2. Commencement PART I-PRELIMINARY PART II-AMENDMENTS OF WHEAT POOL ACT 1920-1986 3. Citation 4. Repeal of and new long title 5. Amendment of s. 2. Interpretation 6. Repeal of and new s. 3. Application of Act 7. Application of s. 3A 8. New s. 3B and 3c Vesting of wheat Act to be read in conjunction with provisions of other Acts 9. Amendment of s. 4. State Wheat Board 10. Amendment of s. 5. Powers of Board 11. Repeal of ss. 5B to 5E and new ss. 5B to 5F Borrowings Financial Arrangements Security for Borrowings Debentures, Bonds and Stock Payment of Commission Fees 12. Amendment of s. 6 13. Repeal of and new s. 6A. Sales of wheat under permit Board may issue permits to growers 14. New s. 6B Authority to carry wheat 15. Amendment of s. 7. Delivery to be made in name of grower 16. Repeal of and new s. 9. Board's decision as to quality of wheat Acceptance by Board 17. New ss. 9A to 9F Payments to growers Decision as to quality, etc. Reserves Variation of payment arrangements Marketing arrangements for individual growers Board may contract with grower 18. Amendment of s. 10. Issue of certificates and payment in connection with wheat delivered to the Board 19. Amendment of s. IOA. Power of Board to purchase and sell wheat 20. Repeal of s. 10B. Advances by Board to the Australian Wheat Board 21. Amendment of s. 13. Wheat not to be gristed unless with previous authority 22. Amendment of s. 15. Board may require holders of wheat, etc., to furnish returns 23. Amendment of s. 15A 24. Amendment of s. 15B 25. Amendment of s. 15c 26. Amendment of s. 15D 27. Amendment of s. 15E 28. Amendment of s. 15F 29. Amendment of s. 15G 30. New s. 15H Restricted entry into dwelling house

641 31. Repeal of ss. 16 and 17 and new s. 16 Old wheat or blended wheat 32. Repeal of and new s. 18. Charge for advances to growers for seed, etc., by Government Charge for advances to growers for seed etc. 33. Repeal of and new s. 19. Charges over wheat Charges over wheat 34. Amendment of s. 20. Notice of liens 35. Repeal of and new s. 22. Protection of the Crown and its Officers Protection of Crown, Minister and other persons 36. Repeal of s. 23. Payment of differences 37. Repeal of s. 24 (Accounts of receipts and disbursements to be kept.) and new ss. 24 and 24A Offences Penalties for different categories of offences 38. Amendment of s. 25 39. Amendment of s. 26. Evidence 40. Amendment of s. 27. Regulations 41. Repeal of s. 27A. Special provisions dealing with "The Maltings", Toowoomba. Schedule. 42. New sections 28 to 33 Conditions of approval Guidelines etc. may be issued Elections and Polls etc. Power to appoint Advisory Committees Transfer of staff to Board from another body Review of Act PART III-VALIDATION AND CONTINUATION OF PROVISIONS RELATING TO STATE WHEAT BOARD 43. Validation and continuation of Hail Insurance Scheme PART IV-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987 44. Citation of Principal Act 45. Amendment of Principal Act

642 4ueenslana ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 59 of 1989 An Act to amend the Wheat Pool Act 1920- 1986 and the Primary Producers'Organisationand Marketing Act1926-1987 in certain particulars and for related purposes [ASSENTED TO 5TH MAY, 1989]

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 643 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 Wheat Pool Act and Another Act Amendment Act 1989. 2. Commencement . (1) Section 32 shall be deemed to have commenced on 11 April 1988 and shall have retrospective effect accordingly. (2) Except as provided by subsection (1), the provisions of this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. PART II-AMENDMENTS OF WHEAT POOL ACT 1920-1986 3. Citation . (1) In this Part the Wheat Pool Act 1920-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Wheat Pool Act 1920-1989. 4. Repeal of and new long title. The Principal Act is amended by omitting the long title and substituting the following long title:- "An Act to provide for the efficient and effective marketing of wheat by the State Wheat Board and for related purposes". 5. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by- (a) inserting immediately prior to the definition "Authorised agent" the following definitions:- "Approved"-Approved by the Minister; "Carry" includes load, transport, unload, transfer, transmit, pump or discharge;"; (b) inserting after the definition "Grower" the following definition:- "Marketing" includes all activities necessarily associated with the movement of wheat from the point of production or preparation to the point of consumption and, without limiting the generality of the foregoing, includes- (a) the storage, handling, transport and sale of wheat and such other activities as are necessary to convert the wheat into a saleable form or condition; (b) market research and development; and (c) advertising of wheat and such other measures designed to promote the sale of the wheat;";

644 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 (c) omitting the definition "Minister" and substituting the following definition:- "Minister"-The Minister for Primary Industries or other Minister of the Crown, who, at the material time, is charged with the administration, of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;"; (d) omitting the definition "Prescribed" and substituting the following definitions:- "Prescribed"-Prescribed by this Act or by any prescribed instrument; "Prescribed instrument"-Any regulation, Order in Council, guideline, direction, instruction, by-law, rule, article, standing order or other instrument made under the authority of this Act;"; (e) inserting after the definition "Regulations" the following definition:- " "Season"-A period of 12 months commencing on such date in each year as may be determined by the Board or, where not so determined, commencing on 1 July in each year"; (f) omitting the definition "This Act" and substituting the following definitions:- " "This Act" includes all Orders in Council, regulations and prescribed instruments made under this Act; "Vehicle" includes every tank, container, equipment and apparatus affixed to or intended to be affixed to a vehicle and intended to be used in connection with the vehicle.". 6. Repeal of and new s. 3. Application of Act. The Principal Act is amended by repealing section 3 and substituting the following section:- "3. Application of Act. (1) Subject to subsection (2), this Act shall apply only to wheat grown or to be grown during the seasons up to and including the season 2020-2021. (2) The provisions of this Act may from time to time be extended by the Governor by Proclamation so as to apply, by virtue of that Proclamation, to wheat grown or to be grown during any season succeeding the season 2020-2021, with such modifications, if any, as the Governor may consider appropriate so as to meet any change of circumstances or conditions, and this Act, with such modifications, if any, shall apply to the wheat mentioned in any such Proclamation accordingly. (3) A Proclamation made under subsection (2) on or after the date of commencement of section 6 of the Wheat Pool Actand Another Act Amendment Act 1989 shall not be construed as amending this Act. (4) In the event of any inconsistency between any provision of this Act and any provision of the Wheat Marketing Act

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 645 1984-1986, the provisions of this Act shall prevail to the extent of that inconsistency.". 7. Amendment of s. 3A. Section 3A of the Principal Act is amended by- (a) omitting the words "Proclamation, Order in Council, Regulation, and By-law" and substituting the words "prescribed instrument"; (b) omitting the words "Proclamation, Order in Council, Regulation or By-law" and substituting the words "prescribed instrument". 8. New s. 3B and 3c. The Principal Act is amended by inserting after section 3A the following sections:- "3B. Vesting of wheat. The Governor in Council may by Order in Council provide and declare that wheat shall forthwith, upon the making of such Order or on and from a date to be fixed by such Order or at a point, stage or time within the growing cycle of wheat or upon the fulfillment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of the State Wheat Board as the owners thereof, and may make such further provision as will enable the Board effectively to obtain possession of wheat as such owners and to deal with the same as may be deemed necessary or convenient in order to give full effect to the objects and purposes for which the Board is constituted. Any such Order in Council shall. not have effect so as to prejudice any interstate contract for the sale of wheat entered into prior to the date of the acquisition by the Board of the wheat under such Order. 3c. Act to be read in conjunction with provisions of other Acts. (1) The provisions of this Act must be read in conjunction with the provisions of the Primary Producers' Organisation andMarketing Act 1926-1989 referred to in the first column of the following Table 1, the subject matter of which is referred to in the second column of Table 1 opposite the reference to that provision. Where there is any inconsistency between the provisions of this Act and any provisions of the Primary Producers' Organisationand Marketing Act 1926-1989 so far as those lastmentioned provisions apply to the State Wheat Board or to wheat or to both, the provisions of this Act shall prevail to the extent of any such inconsistency.

646 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 Sections of PrimaryProducers'Organisation andMarketing Act1926-1989 TABLE 1 Subject matter of provisions 4 5 5A 10c 10D 11 11B llc 13B 13c 14 14A 27A 27B 29 29B 31A 34 34A 34B 34D 36 to 48 (both inclusive) 53 Council of Agriculture Council of Agriculture Fund Precept by Council Amalgamation of Boards Further powers of Governor in Council as to Boards Commodity Board Failure to elect or appoint representative Termination of term of office of Board Powers of Affiliated Body Minister ' s directions Powers of Marketing Board Marketing Board to insure against defalcations by agent Unclaimed moneys Investment of moneys Levy by Board Superannuation scheme or arrangement etc. Undue influence and like offences Annual report of Board Annual general meeting of growers Annual report of Director of Marketing Application of Act to State Wheat Board Winding up arrangements Application of Act to certain other bodies. (2) The provisions, which are referred to in the second column of the following Table 2, of an Act that is referred to in the first column of Table 2, must be read in conjunction with this Act.

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 647 TABLE 2 Act cPornojvuinsciotinosn twoibthe trheiasdAinct 1. Primary Producers' section 21 Organisation and Marketing, (Power of Minister to call for Fruit Marketing Organisation, reports in respect of accounts, Wheat Pool, and Diseases in etc.) Plants Acts Amendment Act 1930-1984 2. Financial Administration and PART 11A Audit Act 1977-1988 (FINANCIAL ADMINISTRATION- STATUTORY BODIES) 3. Regulatory Reform Act 1986 The whole 4. Primary Producers' section 5 Organisation and Marketing (Qualifications of voters under Acts and Other Acts certain Acts, etc.) Amendment Act 1941-1973 5. Statutory Bodies Financial section 47 Arrangements Act 1982-1988 (Relation of this Part to Other Acts) section 50 (Relation of this Part to Other Acts) 9. Amendment of s. 4. State Wheat Board . Section 4 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (a) and substituting the following paragraphs:- "(a) The Minister shall from time to time appoint to the Board the prescribed number of representatives of the growers of wheat elected and holding office in the prescribed manner; if the growers of wheat in any prescribed area fail to so nominate or elect a representative, or representatives, as the case may be, for that area, the Minister may then appoint a person or persons, as the case may be, each of whom shall be a grower of wheat, to represent the growers of wheat in that area. (b) The Minister shall, after consultation with the wheat industry, appoint to the Board a person, who shall be a grower of wheat, to be the Chairman of the Board and such person shall be capable of exercising the powers, functions and authorities

648 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 conferred upon the Chairman of the Board by this Act and by any other Act. (c) The Director of Marketing shall ex officio be a member of the Board. (d) The Minister may, after consultation with the members of the Board as described in paragraphs (a), (b) and (c), appoint to the Board such additional person or persons (but so that the maximum number of persons so appointed and holding office at any one time shall not exceed three), being a person or persons with qualifications or experience relevant to the operations of the Board, to be a member or members, as the case may be, of the Board. (e) In making any such appointment as provided for in paragraph (d), the Minister shall ensure that in consequence- (i) a majority of members of the Board are elected representatives of growers; and (ii) no employee of the Board or person acting as a consultant to the Board is appointed as an additional member of the Board. (f) The Minister may request the members of the Board as described in paragraphs (a), (b) and (c), to supply a panel of names from which the Minister may select the person or persons described in paragraph (d). (g) Subject to this Act, a person or persons appointed to be a member or members, as the case may be, of the Board pursuant to paragraph (d) shall hold office for the balance then remaining of the term then current of the elected representatives of growers on the Board. (h) Notwithstanding anything hereinbefore contained, the persons holding office as the members of the Board at the date of commencement of section 9 of the Wheat Pool Act and AnotherAct Amendment Act 1989, shall, subject to this Act, remain in office until the appointment of a new Board shall be made following the first election of growers' representatives to be held after that date of commencement."; (ii) redesignating paragraphs (b), (c) and (d), as so designated immediately prior to the commencement of this section, as paragraphs (i), (j) and (k) respectively; (b) omitting subsection (1 A); (c) in subsection (1B), in paragraph (b)- (i) omitting the words "or servant" and substituting the words ", employee or agent"; (ii) inserting after the words "the owner of, or" the word "which";

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 649 (d) in subsection (1 c), omitting the words "Regulations may be made prescribing" and inserting the words "Prescribed instruments may be made providing"; (e) inserting the following new subsections following subsection (1 D):- "(1 E) The Governor in Council may, by Order in Council, nominate a day hereinafter in this section referred to as the "nominated day" on and from which the body corporate constituted pursuant to subsection (1 D) by the name "State Wheat Board" shall be thereby preserved, continued in existence and constituted under this Act under such new name and style as assigned to it in that Order in Council, and that Order shall have effect according to its tenor. (IF) The alteration to the name of the body corporate, constituted under subsection (ID), pursuant to subsection (IF) shall not prejudice or otherwise affect any rights or powers acquired, had or exercised, or any obligations incurred by that body corporate. (1G) On and from the nominated day- (a) every reference- (i) in this Act or any other Act; (ii) in any Proclamation, Order in Council, regulation, by-law, prescribed instrument or other instrument made under this Act or any other Act; or (iii) in any document or writing, to the State Wheat Board shall be read and construed as a reference to that body corporate under the new name assigned to it in the relevant Order in Council; (b) without limiting the generality of subsection (1F)- (i) all moneys standing to the credit of the State Wheat Board immediately before the nominated day together with all interest accrued thereon and all assets of the State Wheat Board in existence on the nominated day shall continue to be vested in that body corporate under the new name so assigned to it; (ii) all moneys and liquidated or unliquidated claims that immediately before the nominated day are payable to or recoverable by the State Wheat Board shall continue to be payable to or recoverable by that body corporate under the new name so assigned to it; (iii) all agreements, contracts or undertakings entered into with and all debentures, bonds or securities issued or given to or by the State Wheat Board and in force immediately before the nominated

650 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 day shall continue in force as agreements, contracts or undertakings entered into with or debentures, bonds or securities issued or given to or by that body corporate under the new name so assigned to it; (iv) all debts due and owing and moneys payable by and claims liquidated or unliquidated recoverable against the State Wheat Board and subsisting immediately before the nominated day shall continue as debts due and owing by and claims recoverable against that body corporate under the new name so assigned to it; (v) all property, whether real or personal, vested in or held in the name of the State Wheat Board immediately before the nominated day shall continue to be so vested or held in the name of that body corporate under the new name so assigned to it; (vi) the Registrar of Titles, the Registrar of Dealings and all other persons charged with keeping registers with respect to dealings with property held in the name of the State Wheat Board shall, upon request made by or on behalf of that body corporate, make in the registers all records necessary to record the new name so assigned to it."; (f) in subsection (5A), omitting the words "If the Director of Marketing is appointed a member of the Board, the Minister" and substituting the words "The Minister"; (g) by omitting subsection (7) and substituting the following subsections:- "(7) (a) A person who is a member of the Board shall preserve and aid in preserving secrecy in respect of any matter that the Board has determined, by formal resolution, to be a matter which should be treated as confidential and shall not communicate any such matter to any person except- (i) to the Minister, the Director-General or the Auditor- General; (ii) to a lawfully constituted court or tribunal; or (iii) in the course of carrying out his duties in the manner approved by the Board. (b) If the Minister is satisfied, following a report of the Board, that a person has contravened the provisions of paragraph (a), he may by notice in writing remove that person from office as a member of the Board.

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 651 (8) The office of a member of the Board shall become vacant- (a) if he dies; (b) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (c) in the event of his absence, without first obtaining leave of the Board, in writing, from 3 consecutive ordinary meetings of the Board of which notice has been duly given to him; (d) if he is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (e) if he has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland of an act or omission that if done or made in Queensland would have constituted an indictable offence; (f) if he is removed from office by the Minister for failure to comply with the provisions of subsection (1 B) or subsection (7); or (g) if he is a patient within the meaning of the Mental Health Services Act 1974-1984. (9) In the event of any vacancy on the Board arising from the death, resignation or disqualification of any member or from any other cause, the Minister may, at his discretion- (a) if the vacancy is in respect of an elected member- (i) appoint a person who is a grower of wheat to fill the vacancy; or (ii) direct that a by-election be held to fill that vacancy; or (b) if the vacancy is in respect of a member appointed pursuant to subsection (1) (d), appoint a person in accordance with that subsection, and the person so elected or appointed shall hold office for the balance then remaining of the term of office of the elected representatives of growers on the Board. (10) The Minister shall request the members of the Board to supply a panel of names from which the Minister may select a replacement member in respect of any vacancy of a kind referred to in subsection (9) paragraphs (a) (i) or (b). (11) If a vacancy occurs in the position of Chairman of the Board, the Minister may, after consultation with the wheat industry, appoint another person who is a grower of wheat to

652 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 the Board to be Chairman for the balance then remaining of the current Board ' s term of office. (12) The Board may , subject to the approval of the Minister, carry on business under a business name registered under the Business NamesAct 1962-1979.". 10. Amendment of s. 5. Powers of Board . Section 5 of the Principal Act is amended by:- (a) in the note to the section omitting the word "Powers" and inserting the words " Marketing powers"; (b) in the first paragraph omitting the words "sell or arrange for the sale" and substituting the words "market or arrange for the marketing"; (c) omitting provisions (i) and (ii) and substituting the following provisions:- "(i) Appoint, employ or authorise such officers, servants and other persons as are deemed necessary; (ii) Appoint, employ, or authorise such agents as are deemed necessary and imposing such conditions of agency and paying such agency fees or remuneration as are approved or prescribed and where not so approved or prescribed, as the Board may deem proper; (iiA) Enter into marketing arrangements for wheat, including agency arrangements or by way of a partnership, with any person or corporation or other body;"; (d) omitting provision (iv) and substituting the following provision:- "(iv) Subject to such terms and conditions as are approved and where not so approved as the Board may determine- (A) supply, sell or otherwise make available to growers, and with the approval of the Minister to other persons, seed, planting materials, and such other services as may be deemed by the Board necessary or desirable to assist growers in planting and growing their wheat, and in delivering their wheat to the Board; (B) act as an agent for the supply or sale to growers, and with the approval of the Minister to other persons, of seed, planting materials, harvesting material, and such other services as are intended to facilitate the planting, production and delivery of wheat; (C) utilise the facilities of the Board to provide such services to growers, buyers and other persons as may be determined by the Board to be necessary to facilitate the marketing or marketability of wheat; (D) make such charges as the Board may determine to recoup the cost of providing such services described in paragraphs (A) and (C) and to pay such agency fees as may be

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 653 required to be paid by the Board in respect of the services described in paragraph (B); (E) act as agent for the supply or sale to any person of seed for planting where the Board has dealt with that seed pursuant to section 14 (4) of the Primary Producers'Organisation and Marketing Act 1926-1989;"; (e) in provision (vi), omitting from the end of that provision the expression "." and substituting the expression ";"; (f) inserting after provision (vi) the following new provisions:- "(vii) Subject to the prior approval of the Minister and to any guidelines, directions or instructions as may be issued by the Minister from time to time under the authority of section 29- (A) acquire, hold and dispose of shares in any corporation within the meaning of the Companies (Queensland) Code and any association registered under the Primary Producers'Co-operative Associations Act 1923-1988 or any Act enacted in substitution or replacement thereof; (B) guarantee and give guarantees and indemnities for the payment of money or the performance of contracts or obligations by any person; (C) engage in futures commodity exchange trading in any items listed on a futures exchange; and (D) engage in financial hedging operations in relation to the Board's expected returns, liabilities or assets; and (viii) Operate laboratory and testing facilities.". 11. Repeal of ss . 5B to 5E and new ss. 5B to 5F. The Principal Act is amended by repealing sections 5B, 5c, 5D and 5E and substituting the following new sections:- "5B. Borrowings . The Board may from time to time borrow money in accordance with the provisions of this Act for the purpose of enabling it to carry out full execution of the objects and purposes of this Act. 5c. Financial Arrangements . The Board may- (a) borrow or raise money from or otherwise enter into financial arrangements with any one or more of the following:- (1) the Treasurer of the Commonwealth or of the State; (ii) the Queensland Treasury Corporation and the Queensland Industry Development Corporation; (iii) the Reserve Bank of Australia;

654 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 (iv) any bank within the meaning of the StatutoryBodies Financial Arrangements Act 1982-1988; (v) any other person, body or institution as may be approved by the Minister; (b) draw, make, accept, endorse, discount, execute and issue- (i) bills of exchange; (ii) promissory notes; (iii) bankers' acceptance; (iv) bills of lading; (v) other transferable or negotiable instruments; (c) obtain finance by way of overdraft; (d) borrow or raise money by way of the sale or issue of- (f) debentures; (ii) bonds; (iii) inscribed stock; (iv) other securities approved by the Treasurer; (e) enter into lease finance arrangements; and (f) enter into such other financial arrangements as may be approved by the Governor in Council. 5D. Security for Borrowings . (1) The Board may grant security, by way of mortgage, bill of sale, pledge, lien, deposit or otherwise howsoever, over the book debts of the Board, wheat held or to be held by the Board, and any property (real or personal) held or to be held by the Board. (2) Where pursuant to subsection (1), the Board offers wheat held or to be held by it as security for a debt, then any charge or mortgage had over the wheat as a result of the acceptance of that offer shall have priority over every prior bill of sale, mortgage, charge, lien or other encumbrance granted or created over any wheat by the grower thereof. (3) When the Board executes a charge or mortgage over wheat as a result of the acceptance of an offer by the Board of the wheat as security for a debt and thereby assigns part of the wheat that is not then in existence, the property in that part of the wheat shall pass pursuant to that assignment immediately that part of the wheat comes into existence. 5E. Debentures , Bonds and Stock. The provisions of section 25 of the StatutoryBodiesFinancialArrangementsAct1982-1988 that have not already been applied to the Board by virtue of section 47 of that Act apply in respect of the Board. 5F. Payment of Commission Fees. Section 26 of the StatutoryBodies Financial Arrangements Act 1982-1988 applies in respect of the Board.".

Wheat Pool Act and Another Act Amendment Act 1989, 655 No. 59 12. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the word "sale" and substituting the word "marketing"; (ii) omitting the word "owners" and substituting the word "growers"; (b) in subsection (3)- (i) omitting from the first paragraph all words from and including the words "shall be guilty" to and including the words "five hundred pounds" and substituting the words "commits an offence against this Act"; (ii) omitting from the last paragraph all words from and including the words "shall be liable" to and including the words "ten pounds" and substituting the words "commits an offence against this Act"; (c) in subsection (4)- (i) omitting the words "in such cases and on such terms and conditions as may be prescribed" and substituting the words "subject to such terms and conditions as may be approved"; (ii) omitting the word "and" immediately after provision (b); (iii) omitting provision (c) and inserting the following provisions:- "(c) Such quantity of wheat as shall have been grown and produced by the grower on his own farm as the grower may require for his own use on his own farm; (d) Sales by growers of such wheat as is deemed by the Board to be of an inferior quality or standard and not being able to be treated in any way as to enable such wheat to comply with the receival standards determined by the Board from time to time; (e) Such growers of small quantities of wheat as the Board may think fit; and (f) Such other sales, deliveries, purchases, receivals or uses of wheat as are prescribed or, to the extent not so prescribed, as are approved."; (d) in subsection (6), omitting the words ", by notification published in the Gazette,"; (e) inserting after subsection (6), the following new subsections:- "(7) Where in any year or season a grower has delivered wheat to the Board, the Board may allow the grower to take redelivery of a quantity of wheat, not exceeding the quantity of wheat as originally delivered by that grower in that year or

656 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 season, for the purpose of allowing that grower to feed his own livestock. Any such redelivery shall be deemed to be a sale of wheat by the Board at such price and subject to such other terms and conditions as the Board may determine. (8) A person having care or possession of wheat that is the property of the Board shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard that wheat and keep it free from damage or deterioration. (9) Any person who fails to comply with the provisions of subsection (8) in any respect commits an offence against this Act.". 13. Repeal of and new s. 6A. Sales of wheat under permit. The Principal Act is amended by repealing section 6A and substituting the following section:- "6A. Board may issue permits to growers . (1) Notwithstanding section 6 (1), the Board may issue permits to allow all or any of the following sales or movements of wheat:- (a) the sale of wheat from a grower to a buyer for the preparation or manufacture of stockfeed; (b) the sale of wheat from a grower to a buyer for the manufacture of flour or other products for human consumption; (c) the sale of wheat from a grower to a buyer for the manufacture of starch, gluten or other products for industrial use; (d) the retention of wheat by a grower for use in a commercial custom feeding operation; (e) the movement of wheat from a farm to a mill for gristing where the gristed product is to be returned to the farm for use on that farm for an approved purpose; (f) the movement of wheat from one farm to an associated farm as defined in subsection (10); (g) the movement of wheat from one farm to another farm for the purpose of feeding stock being agisted on that farm by the grower of that wheat; and (h) such other sale or movement of wheat as may be approved or prescribed. (2) The terms and conditions in respect of permits issued under subsection (1) shall be as approved by the Minister or as prescribed, or where not so approved or prescribed, as determined by the Board. (3) An application for a permit referred to in subsection (1) and a permit issued upon such an application shall be in such

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 657 form and shall contain such details or particulars as may be determined by the Board. (4) Unless otherwise determined by the Minister, the Board may determine the amount of any permit charge or fee payable by the applicant for each type of permit and may further determine the method by which such charge or fee shall be paid to the Board by the applicant. (5) Where a permit has been issued to a grower pursuant to subsection (1) in respect of a specific quantity of wheat- (a) the provisions of section 6 (1), (2) and (3) shall not apply to or in respect of that grower or that quantity of wheat, for so long as he complies with the terms and conditions thereof; (b) the Board shall be relieved from any requirements under section 9 (1) to accept delivery of that quantity of wheat from that grower. (6) Save as may be provided for in section 6 (4), a grower shall not engage in any sale or movement of wheat of a kind referred to in subsection (1) unless he is in possession of a valid permit issued in accordance with this section. (7) Save as may be provided in section 6 (4), a buyer of wheat shall not buy wheat from a grower who is not in possession of a valid permit issued in accordance with this section. For the purposes of this subsection "buy" includes barter and exchange. (8) A permit issued in accordance with this section may authorize the movement of wheat from a grower to a buyer by way of an intermediate storage location approved by the Board. (9) A person who buys wheat that is the subject of a permit issued under subsection (1) (a) shall not use that wheat for any purpose other than the preparation of stockfeed. (10) For the purposes of subsection (1) (f), an associated farm is a farm where, in relation to another farm- (a) both of those farms are owned, operated or controlled by the same person or the same partnership or the same corporation within the meaning of the Companies (Queensland) Code; (b) one of those farms is owned, operated or controlled by a partnership, a partner of which is also a partner in a partnership that owns, operates or controls the other of those farms; (c) one of those farms is owned, operated or controlled by a corporation within the meaning of the Companies (Queensland) Code, a director of which is also a director of such a corporation that owns, operates or controls the other of those farms; (d) one of those farms is owned, operated or controlled by an individual and the other farm is owned, operated

658 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 or controlled by a partnership or by a corporation within the meaning of the Companies (Queensland) Code of which that person is a partner or, as the case may be, member; or (e) both of those farms are so associated in such other manner with the same person that the Board is of the opinion that they should both be taken to be associated farms for the purposes of subsection (1) (fl.,, 14. New s. 6B. The Principal Act is amended by inserting after section 6A as so substituted the following section:- "6B. Authority to carry wheat . (1) Where the Board has issued a permit under section 6A, it may, for the purpose of authorizing the carriage of the subject wheat in accordance with the terms and conditions of the permit, issue an authority to carry wheat in such form as may be determined by the Board. (2) A grower shall not remove or permit to be removed from the grower's farm any wheat grown by that grower that is the subject of a permit issued under section 6A, unless the Board has issued to the grower or some other person concerned an authority to carry wheat in respect of that wheat. (3) A person who carries in or on any vehicle wheat that is the subject of a permit issued under section 6A, shall not fail to have in his possession an authority to carry wheat issued in respect of that wheat under this section. (4) A person who causes to be carried in or on any vehicle any wheat that is the subject of a permit issued under section 6A, shall not fail to ensure that the person who carries that wheat has in his possession an authority to carry wheat issued under this section. (5) A person carrying an authority to carry wheat issued under this section shall produce that authority for examination at any time by an inspector of the Board or by a member of the Police Force of Queensland or by a person acting under the authority of an Act which confers on that person the right to inspect the load or contents of a vehicle used for the carriage of grain, upon being requested to do so.". 15. Amendment of s. 7. Delivery to be made in name of grower. Section 7 of the Principal Act is amended by- (a) inserting the expression "(1)" at the commencement of the first paragraph; (b) inserting the expression "(4)" at the commencement of the second paragraph;

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 659 (c) inserting the following new subsections after subsection (1) as so numbered by paragraph (a) of this section:- "(2) A person who delivers wheat to the Board shall, if so required by the Board, signify in writing to the Board any or all of the following details as may be required by the Board:- (a) the variety of the wheat so delivered; (b) the year or season in which the wheat was harvested; (c) the area or location in which the wheat was grown. (3) Except with the prior approval of the Board, a person shall not deliver to the Board wheat that has previously been sold by the Board"; (d) in subsection (4) as so numbered by paragraph (b) omitting the words "shall be guilty of' and substituting the word "commits". 16. Repeal of and new s. 9. Board ' s decision as to quality of wheat, etc., to be final . The Principal Act is amended by repealing section 9 and substituting the following section:- "9. Acceptance by Board . (1) Subject to subsection (2), the Board shall not refuse to accept from any grower any wheat that is of the prescribed quality or that conforms to the prescribed standard or, if no quality or standard is prescribed, that is of the quality or standard determined by the Board from time to time in that behalf provided that such wheat is delivered in accordance with this Act. (2) The Board may refuse to accept any wheat that, by virtue of this Act, does not vest in and become the property of the Board or that is not required to be delivered to the Board or its authorized agents.". 17. New ss. 9A to 9F. The Principal Act is amended by inserting the following new sections after section 9:- "9A. Payments to growers . (1) Subject to this Act, the Board shall out of the proceeds of wheat marketed by the Board under this Act, make payment to each grower of wheat delivered to the Board who has complied with the requirements of any notice issued pursuant to section 15- (a) if the wheat is included in a separate pool as provided for in subsection (5) of this section, that proportion of the net proceeds of the sale of all wheat included in that separate pool which the amount of wheat delivered by the grower and accepted by the Board and included in such separate pool bears to all wheat included in that separate pool; and (b) in any other case, that proportion of the net proceeds of the sale of all wheat which the amount of wheat delivered by the grower and accepted by the Board

660 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 bears to all wheat sold by the Board, with proper allowance for differences in the quality and standard of wheat delivered to and accepted by the Board. (2) Where- (a) a grower to whom no payment has been made by the Board pursuant to the provisions of paragraphs (a) or (b) of subsection (1) signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement under those provisions to pool payments or part thereof for wheat delivered by him to and accepted by the Board; or (b) a grower to whom total payment has not been made by the Board pursuant to the provisions of paragraphs (a) or (b) of subsection (1) signifies in writing to the Board that he is prepared to accept payment to him by the Board of an amount determined by the Board in lieu of his entitlement under those provisions to payment of the balance of pool payments or part thereof for wheat delivered by him to and accepted by the Board, the Board may make payment in such manner as may be determined by the Board of the amount determined by the Board to the grower who shall be deemed to have accepted that amount in full satisfaction and discharge of his entitlement under that subsection. (3) A surplus of moneys that arises from the operation by the Board of the payment schemes or any of them pursuant to paragraphs (a) or (b) of subsection (2) shall be placed to the credit of a Cash Payment Scheme Reserve Account which account may be drawn upon in the manner prescribed or, if no such manner is prescribed, as may be approved. (4) Notwithstanding the provisions of subsection (1), where the Board sustains a loss of moneys arising from the operation by the Board of the payment schemes or any of them pursuant to paragraphs (a) or (b) of subsection (2), as a result of the overpayment by the Board to growers of payments, the Board may recover from each grower concerned in that overpayment, in any court of competent jurisdiction, the amount by which each grower has been overpaid as a debt due and owing to the Board. (5) Without limiting the generality of subsection (1), the Board may in any year or season operate separate pools in

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 661 accordance with this Act on the basis of any one or more of the following:- (a) time of delivery of wheat to the Board; (b) zone or area of production of wheat; (c) quality, grade or variety of wheat; and (d) any such other manner as may be prescribed or, if no such manner is prescribed, as may be approved. (6) Notwithstanding any other provision of this Act, the Board may, in respect of any part of the State of Queensland or any receival depot, and in respect of any quality, grade or variety of wheat, enter into an arrangement with growers for the delivery to the Board of that wheat on or after a date that is determined by the Board for that part of the State or receival depot. The Board may, in respect of the payments to be made in accordance with this section to the growers who have produced and delivered such wheat, add such additional amount to those payments representing interest on those payments calculated at such rate and from such date as the Board determines. (7) Before any payment is made to a grower pursuant to this Act, or to any person entitled to receive payment in lieu of a grower pursuant to this Act, the Board may deduct from such payment the debts due and owing by that grower to the Crown, or to any person or body representing the Crown, and to the Board. (8) Where, at the end of a financial year, any portion of wheat delivered to and accepted by the Board during that financial year or pool period remains unsold, the Board may by resolution- (a) determine, with reference to prevailing conditions and marketing costs, an amount as being the market value of the portion; (b) make such adjustments in the accounts of the Board as will result in a credit being made in respect of that financial year or pool period, as the case may be, of an amount equal to that market value and a corresponding debit being made in respect of the subsequent financial year or pool period, as the case may be; and (c) thereafter treat that portion as having been delivered to the Board in that subsequent financial year or pool period, as the case may be. 9B. Decision as to quality, etc. For the purpose of ascertaining the net price to be paid to the growers of wheat delivered to and accepted by the Board, and generally for the purposes of this Act, the Board's decision as to the quality, class, variety or standard of such wheat, the method of determining the deductions,

662 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 dockages, premiums or other adjustments, cost of freight and other charges, all expenditure incurred in and about the marketing of wheat, and generally the method of the determining and the determination of the net price, shall be final. 9c. Reserves . (1) The Board may, subject to any guidelines, directions or instructions as may be issued by the Minister from time to time under the authority of section 29- (a) establish and maintain a reserve fund or reserve funds for such purposes as may be determined by the Board; and (b) establish a reserve fund account or accounts in respect of the fund or funds, and may draw upon that fund or those funds in connection with the business of the Board in such manner as may be determined by the Board. (2) The Board may deduct from the net proceeds from the sales of wheat for any one year or season and place into a reserve account, or reserve accounts, such amount from those net proceeds as the Board may determine. (3) Where- (a) the Board operates a payment arrangement in accordance with section 9A, it may make the deduction referred to in subsection (2) from the net proceeds of sale; or (b) the Board operates a payment arrangement approved pursuant to sections 9E or 9F, it may make the deduction referred to in subsection (2) in such manner as is specified in such approval, or where not so specified, then as may be determined by the Board. (4) The Minister may from time to time issue a direction to the Board in respect of the level of liquidity of reserve funds to be maintained by the Board and the Board shall comply with any such directions. (5) The Board may transfer moneys, received by the Board, that do not form part of the proceeds of sale of wheat to a reserve fund established pursuant to this subsection. 9D. Variation of payment arrangements . The Governor in Council may, following a request in writing by the Board to the Minister, by Order in Council approve of such variations of the payment arrangements, prescribed by section 9A, in respect of wheat as may be necessary to ensure that growers of wheat receive such payments from the net proceeds of sale of wheat produced and delivered by that grower to the Board and accepted by it, and marketed by the Board, as reflect the proper market value of such wheat having regard to the marketing arrangements adopted by the Board.

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 663 9E. Marketing arrangements for individual growers. (1) The Governor in Council may, by Order in Council, approve of the implementation of a scheme whereby the Board may, subject to such terms, details and conditions in relation thereto as are specified in that or a subsequent Order in Council, arrange or facilitate on behalf of a grower the pricing of such quantity or proportion as is prescribed or, so far as is not prescribed, as approved, of wheat grown and produced or to be grown and produced by that grower and to be sold by the Board by reference to a price listed or quoted- (a) on a futures exchange; (b) in an approved commodity market; or (c) by the Board after being determined- (i) as prescribed; (ii) so far as is not prescribed, as approved; or (iii) so far as is neither approved or prescribed, as deemed appropriate by the Board, and any such Order in Council shall take effect according to its tenor. (2) In respect of the quantity or proportion of wheat dealt with pursuant to subsection (1), the Board may, subject to such terms and conditions as may be specified by the Governor in Council, on behalf of the grower enter into such contracts on a futures exchange or in an approved commodity market and into such currency hedging operations as it considers necessary to give effect to the scheme. (3) In respect of the quantity or proportion of wheat dealt with pursuant to subsection (1), the Governor in Council may by Order in Council, suspend or modify any payment arrangements authorised by this Act and may provide that a grower entering a scheme approved pursuant to subsection (1) shall have no claim for payment under any other section of this Act and such Order in Council shall take effect according to its tenor. (4) The Minister may limit the quantity or proportion of wheat produced by a grower to be dealt with pursuant to this section by reference to any criteria that the Minister considers to be appropriate. (5) Where a quantity or proportion of wheat of a grower is dealt with pursuant to subsection (I)- (a) that grower shall be fully responsible for any costs or losses arising therefrom incurred on his behalf by the Board;

664 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 and (b) the Board may require the grower to lodge with the Board a fidelity bond, bank guarantee or other form of security in relation to the grower's obligations as the Board may determine. (6) It shall not be competent to the Board to use money from any reserve fund to make or supplement any payment to a grower in respect of any arrangements of a kind referred to in subsection (1). (7) This section shall not be construed so as to relieve a grower from his obligations under section 6 in respect of such quantity or proportion of wheat of that grower as is not dealt with pursuant to this section. 9F. Board may contract with grower. (1) Notwithstanding any other provision of this Act the Board may contract with a grower to receive a part or all of the wheat grown and produced by that grower for inclusion in any payment or marketing scheme or arrangement authorised under this Act and subject to such other terms and conditions as the Board may determine. (2) Without limiting the generality of subsection (1), the Board may, as consideration in respect of such a contract, provide for- (a) the supply to the grower of seed, planting material and other services including arrangements as to discounts and terms of credit; (b) the inclusion of wheat supplied to the Board in a specified payment or marketing scheme or arrangement authorised under this Act; and (c) such other terms and conditions as are not inconsistent with the provisions of this Act. (3) The Board may offer different payment or marketing schemes or arrangements in respect of different classes of the contracts referred to in subsection (1). (4) This section shall not be construed so as to relieve a grower from his obligations in respect of wheat under section 6.". 18. Amendments of s. 10 . Issue of certificates and payment in connection with wheat delivered to Board . Section 10 of the Principal Act is amended by- (a) in subsection (1), omitting the word "shall" and substituting the word "may"; (b) omitting subsection (4) and substituting the following subsection:- "(4) The Board may make or arrange for advances on account of any wheat delivered to and accepted by the Board, and any

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 665 such advances and any payment made on account of any wheat may be made at such time or times, and on such terms and conditions, and in any such manner, as the Board may think fit."; (c) in subsection (5)- (i) omitting the words "in section 5B" and substituting the words "in section 5c"; (ii) omitting the words "of section 5B" and substituting the words "of section 5D". 19. Amendment of s. 10A . Power of Board to purchase and sell wheat. Section 1OA of the Principal Act is amended by- (a) designating the existing paragraph as subsection (1); (b) in subsection (1) as so designated, omitting the words "constituted by the Wheat Industry Stabilization Act 1954 of the Commonwealth"; (c) inserting the following subsections after subsection (1)- "(2) Subject to the prior approval of the Minister and to any guidelines, directions or instructions as may be issued by the Minister from time to time under the authority of section 29, the Board may purchase from any person, corporation or any other body whatsoever any wheat produced within or outside of Queensland, if the Board considers it necessary or expedient to do so, and the Board may sell or otherwise dispose of any wheat so purchased by it to any person, corporation or any other body whatsoever on such terms and conditions as the Board may see fit. (3) Where the Board purchases and sells wheat as provided for in subsection (1) or subsection (2), the Board shall maintain accounts in respect of such transactions separate from accounts maintained in respect of any pool operated in accordance with the provisions of subsections (1) or (5) of section 9A. (4) Any surplus of moneys which arises from any transactions as described in subsections (1) and (2) shall be placed to the credit of a Wheat Trading Reserve Account which shall, subject to subsection (5), be drawn upon in such manner as may be determined by the Board. (5) In the event of any loss of moneys arising from any transactions as described in subsections (1) and (2), the Board may meet that loss of moneys by drawing from the following accounts:- (a) the Wheat Trading Reserve Account in the first instance; and (b) the reserve account or accounts established pursuant to section 9c to the extent that such loss of moneys 22

666 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 exceeds the amount standing to the credit of the Wheat Trading Reserve Account. Only in the event that there remains any loss of moneys still outstanding after all the accounts described in paragraphs (a) and (b) have been fully drawn upon, shall any remaining loss be met by the Board from the proceeds of any pool operated in accordance with the provisions of subsections (1) or (5) of section 9A.". 20. Repeal of s. 10B . Advances by Board to the Australian Wheat Board . The Principal Act is amended by repealing section 10B. 21. Amendment of s. 13 . Wheat not to be gristed unless with previous authority . Section 13 of the Principal Act is amended by omitting the words "shall be liable to a penalty not exceeding five hundred pounds" and substituting the words "commits an offence against this Act.". 22. Amendment of s. 15 . Board may require holders of wheat, etc., to furnish returns. Section 15 of the Principal Act is amended by- (a) in the note to the section inserting after the word " require" the words "growers and"; (b) in subsection (1)- (i) omitting the words "holders of wheat require holders of wheat" and substituting the words "growers of wheat and holders of wheat require growers and holders of wheat"; (ii) inserting after the words "to furnish" the words "to the Board on or before the date specified therein"; (iii) inserting after the words "products thereof', the words "grown or"; (c) in subsection (2)- (i) omitting the words "Any holder who' fails to furnish" and substituting the words "Any grower or holder of wheat who fails to furnish to the Board within the specified time"; (ii) omitting the words "shall be guilty of and substituting the word "commits". 23. Amendment of s. 15A. Section 15A of the Principal Act is amended by- (a) in subsection (6), omitting all words from and including the words "shall be guilty" to and including the words "less than ten pounds" and substituting the words "commits an offence against this Act"; (b) in subsection (7), omitting all words from and including the words "shall be guilty" to and including the words "exceeding five

Wheat Pool Act and Another Act Amendment Act 1989, 667 No. 59 hundred pounds" and substituting the words "commits an offence against this Act"; (c) in subsection (8), omitting the words "shall be guilty of' and substituting the word "commits"; (d) in subsection (10), omitting all words from and including the words "shall be guilty" to and including the words "exceeding one hundred pounds" and substituting the words "commits an offence against this Act". 24. Amendment of s. 15B. Section 15B of the Principal Act is amended by omitting the words "shall be and be deemed to be" and substituting the word "constitutes". 25. Amendment of s. 15c . Section 15c of the Principal Act is amended by, in subsection (3), omitting all words from and including the words "shall be guilty" to and including the words "than ten pounds" and substituting the words "commits an offence against this Act". 26. Amendment of s. 15D. Section 15D of the Principal Act is amended by, in subsection (2), omitting the final paragraph and substituting the following paragraph:- "A person who refuses or fails to comply with or fails to observe, carry out and obey all or any of the provisions of this section or who is guilty by act or omission of any contravention or failure to comply with any of the provisions of this section commits an offence against this Act.". 27. Amendment of s. 15E. Section 15E of the Principal Act is amended by, in subsection (2), omitting all words from and including the words "shall be guilty" to and including the words "each and every day" and substituting the words "commits an offence against this Act". 28. Amendment of s. 15F . Section 15F of the Principal Act is amended by, in subsection (2), omitting all words from and including the words "shall be liable" to and including the words "than ten pounds" and substituting the words "commits an offence against this Act". 29. Amendment of s. 15G . Section 15G of the Principal Act is amended by, in subsection (3), omitting all words from and including the words "shall be guilty" to and including the words "every day" and substituting the words "commits an offence against this Act". 30. New s. 15x. The Principal Act is amended by inserting after section 15G the following section:- "15H. Restricted entry into dwelling house. (1) Before an inspector enters a dwelling house for the purpose of exercising any powers under this Act, save where he has the permission of the occupier to his entry, he shall make an application to a justice who is a Stipendiary Magistrate and obtain from him a warrant to enter.

668 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 (2) A justice who is satisfied upon an application made under this section that there is reasonable cause to suspect or believe- (a) that in any place an offence against this Act has been or is being committed; or (b) that there is in any place any matter or thing with respect to which an offence against this Act has been or is being committed, or with respect to which an inspector may exercise a power under this Act, may issue his warrant directed to an inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon him by this Act. (3) The justice shall specify in the warrant the powers that the inspector may exercise and shall note thereon the basis upon which the warrant is issued. (4) An application to a justice for the issue of a warrant under this section- (a) may be heard in any place, and subject to subsections (5) and (6), in such manner as the justice thinks fit; (b) may be made in person or by telephone, telex, radio, facsimile machine or by means of any similar facility. (5) Upon an application for a warrant, other than one made by telephone, telex, radio, facsimile machine or similar facility, a justice shall not rely on alleged facts unless they are verified by oath, affirmation, declaration made under the Oaths Act1867-1988, or other sanction authorized by law. (6) If an application is made by means of telephone, telex, radio, facsimile machine or similar facility the following provisions shall apply:- (a) the justice shall not issue the warrant unless he is satisfied that it is not practicable for the application to be made by the applicant in person and unless he informs the applicant of the facts on which he relies in issuing the warrant and obtains from the applicant an undertaking that he will deliver to the justice as directed by him as soon as practicable a declaration made under the Oaths Act 1867-1988, which verifies those facts; (b) if the justice issues the warrant he shall inform the applicant that he has done so and shall send the warrant to the Minister within 7 days of its issue; (c) on and from the issue of the warrant, a form of warrant completed by the applicant substantially in the terms of the warrant issued by the justice and stating the name of the justice and date on which and the place at which he issued it, the contents of

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 669 which form of warrant are verified on the face thereof by a declaration made by the applicant under the Oaths Act 1867-1988, shall for all purposes be deemed to be a warrant issued under this section; (d) as soon as practicable after the issue of a warrant, the applicant shall deliver to the justice a declaration in compliance with the undertaking obtained from him pursuant to paragraph (a) and, if he fails to do so, the warrant shall be taken to be cancelled on and from such failure. The failure of a justice to send a warrant to the Minister in compliance with paragraph (b) shall not affect the validity of the warrant. (7) A warrant issued under this section shall be, for a period of 21 days from the date of its issue or until it is sooner cancelled, whichever is the less, sufficient authority for the inspector and all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) subject to the terms of the warrant, to exercise the powers conferred upon an inspector under this Act.". 31. Repeal of ss . 16 and 17 and new s. 16. The Principal Act is amended by repealing sections 16 and 17 and substituting the following section:- "16. Old wheat or blended wheat . (1) A person who delivers to the Board old wheat or blended wheat, or both old wheat and blended wheat, shall at the time of the delivery of the wheat, furnish to the Board a declaration in writing specifying the name of the person for whose account the delivery is being made, signed by that person correctly stating the season during which the wheat was harvested. (2) Any person who whether by himself or by any other person, delivers on his own account or on account of any other person, any wheat in contravention of this section, or who makes a declaration that is false or misleading or incorrect, or in which the person concerned has knowingly inserted incorrect information, commits an offence against this Act.". 32. Repeal of and new s . 18. Charge for advances to growers for seed , etc., by Government . The Principal Act is amended by repealing section 18 and substituting the following section:- "18. Charge for advances to growers for seed etc. (1) The Board and the Treasurer of Queensland may each make advances to any grower or provide financial assistance to any grower or make and enter into other financial arrangements with any grower for the purpose of providing for the supply to the grower of seed, planting material and other services including arrangements as to discounts and terms of credit to enable a grower to establish,

670 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 plant, grow and produce a crop of wheat and to harvest and deliver his wheat crop to the Board. (2) The amount of any advance or advances or other financial assistance provided under this section, the period for which it is advanced, the rate of interest thereon, and the terms and conditions relating to the repayment of any such advance or other financial assistance and the payment of interest thereon shall be as agreed between the Board or the Treasurer of Queensland, as the case may be, and the grower or any other person to whom any advance or other financial assistance may be made or provided hereunder or both of them and in the absence of any agreement, as may be determined by the Board or the Treasurer of Queensland, as the case may be, from time to time for that purpose. (3) (a) Subject to subsection (4) hereof, on the making of any advance or other provision for financial assistance, or both an advance and any other such provision, pursuant to subsection (1), the Board or the Treasurer of Queensland, as the case may be, shall have a lien in priority to all other liens, mortgages, charges or encumbrances over any wheat crop of the grower concerned and over any wheat received by it from that grower or person concerned pursuant to any arrangements made under subsection (1) in respect of the outstanding amount of any advance or other financial assistance provided hereunder, the interest thereon and any other costs, charges and expenses incurred by the Board or the Treasurer of Queensland, as the case may be, arising out of or incidental to the making and recovery of any advance or other financial assistance provided under this section. (b) A lien arising pursuant to this subsection shall not be lost, extinguished or prejudiced in any way by the mixing of any wheat received from the grower or other person concerned with any other wheat received by or on behalf of the Board and held in the storage facilities of the Board or of any other body or authority on its behalf, or in both such kinds of storage facilities, so as to be no longer identifiable. (4) A lien in favour of the Board arising pursuant to subsection (3) shall not have priority over any lien, mortgage, charge or encumbrance, notice in writing of the existence of which, in a form approved by the Board, has been received by the Board prior to its making any advance or providing other financial assistance or making or entering into other financial arrangements under this section. (5) The Treasurer of Queensland may, at his absolute discretion, and subject to such requirements, terms and conditions as the Treasurer may determine, waive the priority of any lien in favour of the Treasurer arising pursuant to subsection (3) and such waiver shall have effect according to its tenor.

Wheat Pool Act and Another Act Amendment Act 1989, No. 59 671 (6) This section shall be deemed to have commenced and have retrospective effect in accordance with section 2 (1) of the Wheat Pool Act and Another Act Amendment Act 1989.". 33. Repeal of and new s. 19. Charges over wheat. The Principal Act is amended by repealing section 19 and substituting the following section:- "19. Charges over wheat. (1) Notwithstanding anything contained in any Act or any other law to the contrary, the Board shall, subject to this Act, not recognize nor be compelled to pay any order given by any grower of wheat to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of the monies due to such grower on account of wheat delivered by him to and accepted by the Board that may be payable by the Board to the grower under this Act. (2) An assignment of monies payable by the Board in respect of wheat delivered to and accepted by the Board (not including a registered crop lien) is voidable at the instance of the Board. (3) The holder of a lien under and by virtue of a lien on crops registered under the Bills of Sale and Other InstrumentsAct 1955-1986 shall give notice in writing to the Board, in the form and containing such particulars as may be specified therein as may be determined by the Board from time to time in that behalf, of such lien on any wheat crop. (4) An assignment of monies payable by the Board in respect of wheat delivered to and accepted by the Board, by way of a lien of the kind referred to in subsection (3) is voidable at the instance of the Board unless and until notice in writing of the registration of the crop lien has been furnished to the Board by the holder of the lien. (5) The holder of a lien under and by virtue of a lien on crops under the Billsof Sale and Other Instruments Act1955-1986 shall, upon giving notice in writing to the Board as required under subsection (3), be entitled to receive from the Board such part of payments due in respect of such wheat as has not been paid to other persons at the time of the receipt by the Board of such notice. (6) No action for damages shall be brought against the Board or any person acting under its authority by any person claiming to be entitled to any bill of sale, mortgage, charge, lien (including any crop lien registered under the Billsof Sale and OtherInstruments Act 1955-1986) or other encumbrance whatsoever in relation to any wheat or claiming to be the true owner of any such wheat. A person who but for this subsection might have brought any such action may adopt the delivery of wheat to the Board as a delivery thereof by him to the Board, and may claim accordingly for an account of the payments due in respect thereof.

672 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 (7) Notwithstanding anything in the Bills of Sale and OtherInstruments Act 1955-1986 or any other Act or any rule of law to the contrary, any such person referred to in subsection (6) shall not be entitled to claim as aforesaid for an account of the payments due in respect of wheat, or any part of such payments, unless he has given such prior notice in writing to the Board in such form and containing such particulars as required under this section within the time specified, and then only for such part of such moneys as has not been paid to the other persons at the time of the receipt by the Board of such notice.". 34. Amendment of s. 20. Notice of liens . Section 20 of the Principal Act is amended by- (a) omitting the note to the section and substituting the words "Notice of interest in wheat."; (b) omitting subsection (1) and substituting the following subsection:- "(1) (a) Every grower of wheat or other person who delivers wheat to the Board or to its authorised agent as required under this Act, shall not later than at the time of the delivery of the wheat, furnish to the Board a statement in writing signed by the grower or other person concerned of the names and addresses of all persons known by the grower or other person concerned to have, or to claim, an interest in the wheat or the payment to be made for the wheat, and of all particulars known to the grower or other person concerned of those interests. (b) A statement may be furnished by a grower or other person concerned under this subsection with respect to more than one delivery, or with respect to all deliveries, of wheat, to be made by the grower or other person concerned to the Board or its authorised agent under this Act within such period as is specified in the statement."; (c) omitting subsection (3) and substituting the following subsection:- "(3) Any grower or any other person concerned who fails to comply with any of the provisions of this section or delivers to the Board any such statement or notice hereunder that is false or incorrect or misleading in any particular or particulars or in which a grower or other person concerned has knowingly inserted incorrect information, commits an offence against this Act.". 35. Repeal of and new s. 22 . Protection of the Crown and its Officers. The Principal Act is amended by repealing section 22 and substituting the following section:- "22. Protection of Crown , Minister and other persons. Liability at law shall not attach to the Crown, the Minister, the Director of Marketing, a person acting in the room of the Director of Marketing in accordance with this Act, the Board, the Chairman,

Wheat Pool Act and Another Act Amendment Act 1989, 673 No. 59 Deputy Chairman or any other member of the Board, or any officer of the Board or any other person acting in the execution of this Act on account of anything done pursuant to this Act or done in good faith and without negligence by a person purporting to act pursuant to this Act.". 36. Repeal of s. 23. Payment of differences . Section 23 of the Principal Act is repealed. 37. Repeal of s. 24 (Accounts of receipts and disbursements to be kept .) and new ss . 24 and 24A. The Principal Act is amended by repealing section 24 and inserting the following new sections:- "24. Offences . (1) A person who contravenes or fails to comply with any of the provisions of this Act commits an offence against this Act. (2) A person who- (a) fails to do that which he is directed to do; or (b) does that which he is forbidden to do, by a person acting under the authority of any provision of this Act commits an offence against this Act. 24A. Penalties for different categories of offences. (1) A person who commits an offence against any of the provisions of sections 6, 6A or 6B shall be liable to a penalty- (a) for a first offence, in the case of a grower or a carrier of wheat (other than a buyer of that wheat), to a penalty not exceeding 50 penalty units, and in the case of any other person, to a penalty not exceeding 100 penalty units; (b) for a second offence, in the case of a grower or a carrier of wheat (other than a buyer of that wheat), to a penalty not exceeding 100 penalty units, and in the case of any other person, to a penalty not exceeding 150 penalty units; (c) for a third or subsequent offence, in the case of a grower or a carrier of wheat (other than a buyer of that wheat), to a penalty not exceeding 150 penalty units, and in the case of any other person, to a penalty not exceeding 200 penalty units. (2) A person who commits an offence against any of the provisions of this Act other than the provisions of sections referred to in subsection (1) shall be liable to a penalty- (a) for a first offence, to a penalty not exceeding 20 penalty units; (b) for a second offence, to a penalty not exceeding 40 penalty units; (c) for a third or subsequent offence, to a penalty not exceeding 60 penalty units.

674 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 (3) In addition to the penalties as provided in subsections (1) and (2), a person who has been convicted of an offence against this Act shall be liable to a penalty of one penalty unit for each and every day during which such offence is continued after that conviction therefor.". 38. Amendment of s. 25 . Section 25 of the Principal Act is amended by omitting subsection (3). 39. Amendment of s. 26 . Evidence . Section 26 of the Principal Act is amended by omitting the words "or the Commissioner of Prices" from both subsection (1) and subsection (2). 40. Amendment of s. 27. Regulations . Section 27 of the Principal Act is amended by- (a) omitting the note to the section and substituting the words "Prescribed instruments."; (b) in subsection (1), omitting all words from and including the words "The Governor in Council" to and including the words "as he thinks fit for giving" and substituting the words "Prescribed instruments may be made to give"; (c) in subsection (2)- (i) omitting the words "the regulations" and substituting the words "any regulations"; (ii) omitting the expression "$200" and substituting the expression "20 penalty units"; (d) omitting subsection (5). 41. Repeal of s. 27A. Special provisions dealing with "The Maltings", Toowoomba . Schedule. The Principal Act is amended by repealing Section 27A and the Schedule to that section. 42. New sections 28 to 33. The Principal Act is amended by inserting the following new sections after section 27:- "28. Conditions of approval . Any approval given pursuant to this Act may be- (a) general or specific; (b) subject to terms and conditions; (c) given for a period of time or without limit of time; (d) revoked, altered or amended at any time. 29. Guidelines etc. may be issued . (1) The Minister may, after consultation with the Board, issue guidelines, directions or instructions in writing to the Board in respect of the exercise of any of the powers contained in sections 5, 6, 6A, 6B, 9A, 9c, 9D, 9E, 9F, l0A and 18.

Wheat Pool Act and Another Act Amendment Act 1989, 675 No. 59 (2) The Board shall comply with all guidelines, directions or instructions that have been issued pursuant to subsection (1). (3) The Director of Marketing shall report to the Minister, in writing, any failure by the Board to comply with any guidelines, directions or instructions that have been issued to the Board. (4) Guidelines, directions or instructions issued pursuant to subsection (1) may be revoked, altered or amended by the Minister at any time after consultation with the Board. 30. Elections and Polls etc . Where any election, poll, referendum or other vote of growers is to be conducted in accordance with this Act, the Minister may appoint a returning officer to conduct that election, poll, referendum or vote, as the case may be, in the manner prescribed or, where such manner is not prescribed, approved. 31. Power to appoint Advisory Committees . (1) The Minister may from time to time appoint and establish such number of Advisory Committees as he considers appropriate for the purpose of considering, discussing and advising the Minister on such matters in regard to wheat or any aspect of the wheat industry as the Minister may from time to time determine and refer to any such Advisory Committee for consideration. (2) The Minister may appoint such number of persons as the Minister considers necessary to any such Advisory Committee and shall determine the terms and conditions of any such appointment and the remuneration to be paid to any such person so appointed. (3) Every such Advisory Committee shall report to the Minister at such times and in such manner as may be determined or otherwise required by the Minister and any person appointed hereunder shall be bound by the terms and conditions imposed in respect of any such appointment as may be determined by the Minister from time to time. 32. Transfer of staff to Board from another body . (1) Subject to this section, the Board may enter into an arrangement with the Queensland Grain Handling Authority, being the body corporate constituted by section 5 of the Queensland GrainHandling Act 1983-1988 and hereinafter referred to as the "Authority", whereby certain of the employees of the Authority may terminate their employment with the Authority and thereafter become and be employees of the Board in such capacity, with such title or designation and be in receipt of such wage, salary or other remuneration arrangements as the Board may determine. (2) A person who becomes an employee of the Board pursuant to an arrangement entered into under subsection (1) shall, for so long as he continues to be employed by the Board, retain and may claim against the Board in respect of all entitlements as respects leave that have accrued to him as an employee of the Authority immediately prior to the commencement of his employment with the Board pursuant to

676 Wheat Pool Act and Another Act Amendment Act 1989, No. 59 such arrangement, and for that purpose his service as such an employee of the Authority shall be deemed to be continuous service as an employee of the Board. (3) The arrangements in respect of the transfer of the superannuation entitlements of any person who becomes an employee of the Board pursuant to an arrangement entered into under subsection (1) shall be as set out in the provisions of the superannuation scheme established or participated in by the Authority pursuant to section 27 of the Queensland Grain HandlingAct 1983-1988 and the provisions of the superannuation or provident scheme or arrangement established or participated in by the Board pursuant to section 29B of the Primary Producers'Organisation and Marketing Act 1926-1989. (4) Where there are no provisions or no appropriate or adequate provisions of the kind referred to in subsection (3), or where there is any inconsistency between such respective provisions, or where any dispute arises between the Board, the Authority and any person affected by the arrangements concerned, or any of them, any of those parties concerned may refer the issue of such absence or inconsistency or any other matter in issue to the Minister who may cause to be made such investigations as he considers necessary and shall make such recommendations with respect thereto as he thinks fit to the Governor in Council who shall determine the issue by Order in Council. A determination by the Governor in Council pursuant to this subsection shall bind the Board, the Authority and the other parties concerned, all of whom shall take such steps necessary to give effect to it. (5) Any arrangement entered into pursuant to subsection (1) is exempt from the payment of stamp duty and no fees or charges are payable to any department of Government of the State in respect thereof. 33. Review of Act. (1) The Minister shall carry out a review of the operations of this Act- (a) not later than 10 years after the date of commencement of section 42 of the Wheat Pool Act and Another ActAmendment Act 1989; and (b) thereafter at intervals of not more than 10 years following the year in which the preceding review is completed. (2) In carrying out that review the Minister shall consider and have regard to the following:- (a) the effectiveness of the operations of this Act and of the State Wheat Board constituted and operating under this Act; (b) such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

Wheat Pool Act and Another Act Amendment Act 1989, 677 No. 59 (3) The Minister shall prepare a report based on his review of the Act and shall , as soon as practicable after that report is prepared , cause the report to be laid before Parliament.". PART III-VALIDATION AND CONTINUATION OF PROVISIONS RELATING TO STATE WHEAT BOARD 43. Validation and continuation of Hail Insurance Scheme. Regulations relating to the Hail Insurance Reserve Fund or the Hail Insurance Scheme operated by the State Wheat Board, or both and purporting to have been made pursuant to The Wheat Pool Act of 1920 or that Act as amended at any material time, or to The Primary Producers' Organisation and Marketing Act of 1926 or that Act as amended at any material time or to both such Acts or those Acts as so amended- (a) shall be taken to have been validly made; (b) shall be taken to have remained in force at all times, subject however to such repeal or amendment thereof by regulations relating to the Hail Insurance Reserve Fund or the Hail Insurance Scheme and purporting to have been made pursuant to The Primary Producers' Organisation and Marketing Act of 1926 or that Act as amended at any material time; (c) shall be exempt from and be deemed always to have been exempt from, the provisions of the Regulatory Reform Act1986. PART IV-AMENDMENTS OF PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926-1987 44. Citation of Principal Act. (1) In this Part the Primary Producers'Organisation and Marketing Act 1926-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Primary Producers' Organisation and Marketing Act 1926-1989. 45. Amendment of Principal Act. The sections of the Principal Act as set out in the first column of the Table hereunder are amended to the extent as set out respectively against those sections in the second column thereof. Section of Principal Act Extent of Amendment 13 omitting from the last paragraph the words "State Wheat Board, the" 18 omitting subsection (6) 23A omitting subsection (3)