Queensland

PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926

Reprinted as in force on 19 January 2000 (includes amendments up to Act No. 88 of 1999)

Reprint No. 2A
This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning--This reprint is not an authorised copy

Information about this reprint
This Act is reprinted as at 19 January 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made--see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about-- · when provisions commenced · editorial changes made in earlier reprints.

Queensland

PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926
TABLE OF PROVISIONS
Section PART 1--PRELIMINARY 1 2 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1A--APPLICATION OF STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 3 6 9 10 10A 10B 10C 10D 11 11A 11B 11C 11D 11E Declaration that board and subsidiary bodies are statutory bodies . . . . . . . PART 2--OFFICERS Appointment of director of marketing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3--COMMODITIES AND COMMODITY BOARDS Power to declare commodity and extend Act and constitute board for same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Board may control several commodities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Existing boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Petition for continuance or otherwise of board . . . . . . . . . . . . . . . . . . . . . . . 25 Amalgamation of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Further powers of Governor in Council as to boards . . . . . . . . . . . . . . . . . . . 28 Commodity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Further powers of commodity board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Failure to elect or appoint representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Termination of term of office of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Confidentiality of members of a board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 9 5 5 Page

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12 13 13A 13B 13C 14 14A 14B 14F 15 16 17 18 18A 18B 18C 19 20 21 22 23 23A 24 25 26 27 27A Boards not to be concerned in party politics . . . . . . . . . . . . . . . . . . . . . . . . . 35 General powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Fraud by officers etc. of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Powers of affiliated body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Minister's directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 4--MARKETING Powers of marketing board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Marketing board to insure against defalcations by agent . . . . . . . . . . . . . . . 40 Marketing board to be corporation for certain purpose . . . . . . . . . . . . . . . . . 41 Other marketing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 All the commodity to be delivered to marketing board . . . . . . . . . . . . . . . . 42 Delivery in name of grower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Tender evidence of intention to deliver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Acceptance by board etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Variation of payment arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Marketing arrangements for individual growers . . . . . . . . . . . . . . . . . . . . . . 48 Board may contract with grower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Issue of certificates and payment in connection with commodity delivered to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Contracts for sale of commodity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Power of Queensland Rail etc. to refuse to carry . . . . . . . . . . . . . . . . . . . . . 51 Remedy against board confined to claim for an account . . . . . . . . . . . . . . . 51 Duty to give notice of encumbrances etc. on delivery thereof . . . . . . . . . . . 52 Priority of order for payment of harvesting costs . . . . . . . . . . . . . . . . . . . . . . 52 Non-liability of board for payments in good faith etc. . . . . . . . . . . . . . . . . . 53 PART 5--RETURNS AND ADMINISTRATION Board may require growers and holders to furnish returns . . . . . . . . . . . . . . 53 Protection of the Crown etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Financial administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Unclaimed moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

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PART 6--LEVY BY BOARD 29 29B 30 30A 30B 30C 30D 30E 30F 31 31A 32 34 34A 34C 34E 36 37 38 39 40 41 42 43 44 45 46 Board may make levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Cane to be a commodity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Definitions for section 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Queensland Cane Growers' Council may hold property as trustee . . . . . . . 65 Producer representative bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 State councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subsidiary bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Queensland Commercial Fishermen's Organisation and State Council . . . 70 PART 7--GENERAL Recovery of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Undue influence and like offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Annual report of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Annual general meeting of growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Application of Act to affiliated body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Application of Act to the committee of direction of fruit marketing . . . . . . 77 PART 8--WINDING­UP ARRANGEMENTS Board may be wound up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Initiation of winding-up by growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Appointment of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Vesting of property and assumption of liabilities . . . . . . . . . . . . . . . . . . . . . 80 Administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Duty to facilitate transfer of property etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Procedure for winding-up a board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Arrangements and reconstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Exercise of board's functions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Application of moneys remaining after winding-up . . . . . . . . . . . . . . . . . . . 85

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47 48 49 50 51 52 53 54 55 56 56A 56B 57 58 Regulations and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Particular modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 PART 9--MISCELLANEOUS Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Guidelines etc. may be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Approved rules or articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Returning officer may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Application of Act to certain other bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 No further levies after date of assent for Primary Industry Bodies Reform Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 PART 10--TRANSITIONAL Transitional provision for Act No. 59 of 1996 . . . . . . . . . . . . . . . . . . . . . . . . 94 Transitional provision for Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . 95 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 97 MEETING PROCEDURE ENDNOTES 1 2 3 4 5 6 7 8 9 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 103 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Orders in council amending Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

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PRIMARY PRODUCERS' ORGANISATION AND MARKETING ACT 1926
[as amended by all amendments that commenced on or before 19 January 2000]

An Act to provide for the orderly marketing of rural commodities, the establishment, operation and accountability of marketing boards, producer representative bodies and for related purposes



PART 1--PRELIMINARY



Short title

1. This Act may be cited as the Primary Producers' Organisation and Marketing Act 1926. Definitions 2. In this Act-- "affiliated body" means any cooperative registered under the Cooperatives Act 1997 and any corporation within the meaning of the Corporations Law where the registered rules of the association or the memorandum and articles of association of the corporation provide that any or all of the directors of the association or corporation, as the case may be, shall be persons for the time being holding office as members of a board. "appointed day" see section 40(2). "approved form" see section 55.1



1

Section 55 (Approval of forms)

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"authorised agent" means any person authorised by the board to take delivery of the commodity on their behalf in the exercise of their powers under this Act, and includes any agent, employee or servant of an authorised agent empowered by such authorised agent to act on the authorised agent's behalf in taking such delivery, and also any agent, employee or servant of such agent. "board" means the commodity board constituted in relation to a specified commodity by the Governor in Council under this Act and appointed under this Act as prescribed, and expressly includes the State council of each producer representative body and each marketing board. A board which for the time being is duly empowered to undertake the functions of marketing the commodity is in this Act referred to as a marketing board. "certificate" means any document in the approved form issued by the board or their authorised agent as evidence of the delivery of the commodity by a grower to the board. "commodity" means any grain, cereal, fruit, vegetable, or other product of the soil in Queensland, or arrowroot, and any dairy produce (including butter and cheese) and any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, which in each case has been declared to be a commodity under and for the purposes of this Act. The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture. The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture. Pigs declared a commodity The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act.

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Fish declared a commodity The commodity fish (as defined in the Fisheries Act 1994) is hereby declared to be a commodity under and for the purposes of this Act. "deliver to the board" means deliver or tender or cause to be delivered or tendered to an authorised agent for acceptance on account of a marketing board any of the commodity of which it is intended to yield possession to the board; and derivatives of the word `deliver' used in this connection have a corresponding meaning. "financial institution" includes an entity that carries on banking business outside Australia and is approved by the Treasurer. "financial year" means any period of 12 months which may be approved by the Minister in writing as being the annual accounting period for any board or affiliated body. "grower" means the person by whom the commodity is actually grown or produced or prepared, and where the commodity is grown or produced pursuant to any share-farming agreement, includes the parties to such agreement. "marketing" includes all activities necessarily associated with the movement of a commodity 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 the commodity and such other activities as are necessary to convert the commodity into a saleable form of condition; and (b) advertising of the commodity and such other measures designed to promote the sale of the commodity. "net proceeds of sale" means the proceeds of the marketing of the commodity less-- (a) such deductions as the board concerned may determine to be necessary to meet-- (i) the costs of administration; and

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(ii) the costs of handling, marketing, capital redemption and commodity financing; in respect of the commodity; and (b) the costs (if any) incurred by the board in respect of the costs of handling, marketing and financing the commodity in excess of the costs referred to in paragraph (a)(ii). "person" includes any partnership or firm and any body of persons, corporate or unincorporate. "primary producer" means every person, not being a person engaged in primary production as an employee on wages or piecework rates, engaged in the occupation of-- (a) dairy farmer; or (b) wheat, maize or cereal grower; or (ba) arrowroot grower; or (c) sugar cane grower; or (d) fruit grower; or (e) grazier; or (f) farmer, whether engaged in general or mixed farming, cotton, potato or vegetable growing, or poultry or pig raising; or

(g) apiarist; or (h) fisher; any class of persons, not being persons engaged in primary production as employees on wages or piecework rates, declared by regulation to be primary producers for the purposes of this Act, and includes farmers' children 18 years of age and upwards, working on their parents' farms, not for wages but for their keep only, and "primary produce" and "primary production" have correlative meanings. "producer representative body" means the-- (a) Queensland Cane Growers' Organisation; or (b) Queensland Dairyfarmers' Organisation; or

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(c) Queensland Pork Producers' Organisation; or (d) Queensland Commercial Fishermen's Organisation; or (e) a producer representative body established by regulation under section 30C.2 "sell" includes barter and exchange, and "sale" has a corresponding meaning. "State council" means the-- (a) Queensland Cane Growers' Council; or (b) Queensland Dairyfarmers' State Council; or (c) Queensland Pork Producers' State Council; or (d) Queensland Commercial Fishermen's State Council; or (e) the State council of a producer representative body established by a regulation under section 30C.2 "subsidiary body" means a subsidiary body under section 30E(1).3



PART 1A--APPLICATION OF STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982



Declaration that board and subsidiary bodies are statutory bodies

3.(1) A board is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) Each subsidiary body of the State council of a producer representative body, as mentioned in section 30E, is a statutory body for the Statutory Bodies Financial Arrangements Act 1982.

2 3

Section 30C (Producer representative bodies) Section 30E (Subsidiary bodies)

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(3) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the powers under this Act of the boards and subsidiary bodies are affected by the Statutory Bodies Financial Arrangements Act 1982.



PART 2--OFFICERS



Appointment of director of marketing

6.(1) The Governor in Council may from time to time appoint an officer (the "director of marketing") upon such terms and at such salary as the Governor in Council may determine, which salary shall be a charge upon and paid out of the consolidated fund, and may at any time suspend or dismiss such officer from his or her office for incapacity, incompetence, or misbehaviour. (2) The director of marketing shall have such powers and duties as are assigned to the director from time to time by the Minister. (2A) Except as may be approved, the director of marketing shall not accept or hold any paid employment outside the duties of the director's office, or be a director of a company. (3) The director of marketing shall be entitled to demand and receive, in respect of the director's acting on each board of which the director is appointed a member, such fees and expenses as other members of such board are entitled to demand and receive out of the funds of such board. (4) But all such fees and expenses so received by the director of marketing shall be deemed to have been received by the director as a public officer, and shall be accounted for accordingly.

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PART 3--COMMODITIES AND COMMODITY BOARDS

Power to declare commodity and extend Act and constitute board for same


9.(1) The Governor in Council may from time to time, if requested so to do by a petition signed by 50 growers of any particular commodity (or such other number of growers as may be approved) by regulation declare that any grain, cereal, fruit, vegetable, or other product of the soil in Queensland, or arrowroot or any dairy produce (including butter and cheese) or any article of commerce prepared other than by any process of manufacture from the produce of agricultural or other rural occupations in Queensland, is and shall be a commodity under and for the purposes of this Act. (1A) The commodity known as arrowroot flour is hereby declared to be and to have always been a commodity under and for the purposes of this Act, notwithstanding that it is prepared by process of manufacture. (1B) The commodities known as plywood and veneer are hereby declared to be and to have always been commodities under and for the purposes of this Act, notwithstanding that they are prepared by process of manufacture. (1C) The commodity known as pigs (including the carcass or any part of the carcass of a pig) is hereby declared to be and to have always been a commodity under and for the purposes of this Act. (1D) The Governor in Council may by the same or a subsequent regulation constitute a board in relation to the commodity so declared, and extend the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary to meet the particular circumstances, to such commodity and the board so constituted and all persons, things, and matters concerned. (1E) Thereupon the provisions of this Act, either wholly or with such modifications or additions as aforesaid, shall apply and extend to such commodity and board and all persons, things, and matters concerned. (1F) The Governor in Council by regulation may prescribe penalties for any contravention of or failure to comply with any provision of a regulation

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under this section in relation to any commodity (whether such commodity is declared as such by this section or by regulation under this section). (1G) Where by a regulation under this section in relation to any commodity the Governor in Council has extended (whether wholly or with any modifications thereof or additions thereto) any of the provisions of this Act to such commodity such provisions as so extended or added shall for the purposes of subsection (1F) be deemed to be provisions of the regulation. (1H) A prescription under subsection (1F) may, in relation to any commodity, provide for-- (a) a maximum penalty not exceeding 20 penalty units; (b) in the case of an offence which is continued by the offender after the offender has been convicted therefor--a daily penalty not exceeding 2 penalty units, which daily penalty may be provided additionally to any other amount of penalty which may be provided pursuant to this subsection; (c) an increased penalty for a second or subsequent offence, whether committed against the same or a different provision of a regulation, but so that the maximum amount of penalty for a second or subsequent offence shall not exceed 40 penalty units. (1I) Where a commodity has been declared by regulation and a board has been constituted in relation to the commodity so declared pursuant to subsection (1D), the Governor in Council may by regulation limit the definition of the commodity so declared by reference to any 1 or more of the following-- (a) the variety, type, class or category of the commodity; (b) the growers, or any class or classes thereof, of the commodity; (c) the district or locality in which the commodity is produced. (1J) On and from the date of the regulation, the commodity in question shall be a commodity under and for the purposes of this Act only to the extent that it has been so defined. (2) Any such petition as aforesaid may also contain a request that the board to be constituted shall acquire the commodity as the owners thereof.

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(2A) In such case and without limiting in anywise the power conferred in subsection (1I), the Governor in Council may by regulation provide and declare that the commodity shall forthwith, upon the making of the regulation or on and from a date to be fixed by the regulation or at a point, stage or time within the growing cycle of the commodity or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of the board as the owners thereof, and may make such further provision as will enable the board effectively to obtain possession of the commodity 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. (2B) However, the regulation shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the board of the commodity under the regulation. (2C) Where a regulation has been made, under the provisions of subsection (2A), prior to the commencement of the Primary Producers' Organisation and Marketing Act Amendment Act 1987, section 9, in respect of a commodity, the Governor in Council may by another regulation provide and declare that after the making of that lastmentioned regulation the commodity shall from and after a specified point, stage or time within the growing cycle of the commodity be divested from the growers and become vested in and be the property of the board concerned. (3) In any case where a board has been duly constituted (whether under this Act or any Act hereby repealed) for a commodity by a regulation, but no provision was made in the regulation for the acquisition as owners by such board of the commodity from the growers thereof, and a petition to the Governor in Council signed by 50 growers of the commodity (or such other number of growers as may be approved) requests that such board shall acquire the commodity as the owners thereof, the Governor in Council may, by another regulation made with respect to such board and the commodity, provide and declare that the commodity shall forthwith, upon the making of the subsequent regulation or on and from a date to be fixed by the subsequent regulation or upon the fulfilment of such conditions as are therein mentioned, be divested from the growers thereof and become vested in and be the property of such board as the owners thereof, and may in the regulation make such further provision as will enable such board effectively

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to obtain possession of the commodity as such owners and to deal with the same as may be deemed necessary or convenient. (3A) However, a regulation under the provisions of subsection (3) shall not have effect so as to prejudice any interstate contract for the sale of the commodity entered into prior to the date of the acquisition by the board of the commodity under the regulation. (4) By regulation under this section the classes of persons who shall be deemed to be growers of a commodity and the method of choosing the representatives of such growers may be declared. (4A) However, in declaring the constitution of the board and the number of representatives to be chosen the Governor in Council shall have due regard to any representations by the growers made in any petition or memorial to the Minister by them. (4B) Subject to this Act, the members of a board constituted under this section shall hold office for a period of 3 years, but every such member shall be eligible for re-election. (4C) However, the Governor in Council by regulation may at any time prior to the expiration of the period of office of the members of any board extend that period and thereafter may further extend that period from time to time. (4D) However, no such extension or further extension shall be for a period exceeding 3 months. (4E) However, the Governor in Council shall not make any such extension or further extension-- (a) unless the Governor in Council is satisfied-- (i) that proposals exist to amend provisions of a regulation relating to the election of representatives of growers to the board concerned; or

(ii) that an emergency exists in relation to the marketing of the commodity concerned; (b) if as a result of such extension or further extension the period of office of such members would exceed 4 years.

s9

15 Primary Producers' Organisation and Marketing Act 1926

s9

(5) Notice of intention to make a regulation under subsection (1D), (2A), (2C), (3) or (6B) conferring upon a board which is not a marketing board the additional power to undertake the functions of marketing the commodity, shall be published in the gazette and in such newspaper or newspapers as the Minister may direct at least 30 days before the making of the regulation. (5A) Within 30 days of the publication of that notice, 10 growers of the commodity concerned (or such other number of growers as may from time to time be approved) in the district or locality to which the regulation is intended to apply, may petition the Minister that a poll be taken of all growers of the commodity residing in that district or locality upon the question of whether the regulation should be made and, in the event of such petition, a poll shall be conducted by the department. (5B) Following that poll, the regulation must not be made unless-- (a) not less than 50% of growers of the commodity eligible to vote on any such question have duly exercised their right to vote in the poll; and (b) not less than 60% of the valid votes cast are in favour of the making of the regulation. (5C) For the purposes of subsections (5A) and (5B) the department is hereby authorised to compile a list of the voters who shall be so eligible to vote. (5D) Any such list shall be conclusive evidence of the eligibility of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculations under subsection (5B). (5E) In respect of any vote of the growers concerned which may be taken after the passing of the Primary Producers' Organisation and Marketing Act Amendment Act 1928 on the question whether a regulation shall be made declaring that any commodity (not being a commodity in respect of which a commodity board has been already constituted and is in existence at the passing of such lastmentioned Act) shall be a commodity under and for the purposes of this Act, or that a board shall be constituted in relation to such commodity so declared, any such vote (notwithstanding that three-fifths of the votes polled are in favour of the making of the regulation) shall not be

s9

16 Primary Producers' Organisation and Marketing Act 1926

s9

carried unless not less than 50% of the voters who are eligible to vote on any such question as aforesaid have duly exercised their right to vote. (5F) For the purposes of subsection (5E) the department is hereby authorised to compile a list of the voters who shall be so eligible to vote. (5G) Any such list so compiled shall be conclusive evidence of the title of such voter to vote at any such poll and shall also be conclusive evidence as being the list for the purposes of making the calculation as to whether or not not less than 50% of the voters so eligible to vote had duly exercised their right to vote accordingly. (6) Notwithstanding anything in this Act contained, a regulation may limit the powers, authorities, duties, and functions of the board under this Act so that the board shall not be a marketing board. (6A) In such case, by the regulation or by a subsequent regulation the powers, authorities, duties, and functions of the board (other than the functions of marketing) may from time to time be defined and declared. (6B) However, where the board has been originally constituted with powers, authorities, duties, and functions other than the functions of marketing, by a subsequent regulation the power to undertake the functions of marketing the commodity for which the board was constituted may be conferred upon the board. (7) A regulation made under this section may be of limited duration or may be made with respect only to certain specified districts or localities. (7A) Any such regulation may fix a date on and after which the functions of the board under this Act shall cease. (7B) Any such regulation may provide that different terms and conditions of delivery, marketing, or sale shall apply to different portions of the commodity according as such portions thereof are manufactured or sold or intended to be sold in different districts or localities. (7C) Such terms and conditions may be applied by the regulation whereby this Act shall be or shall have been applied to the commodity either wholly or with or without modifications or additions or by a regulation amending the same. (7D) Where a commodity or commodities has or have been declared by regulation and a board constituted by the same or a subsequent regulation

s9

17 Primary Producers' Organisation and Marketing Act 1926

s9

with respect only to a specified district or locality, and such board satisfies the Minister that the common interest of and community of interest between growers within such district or locality and growers without such district or locality in respect of any commodity or commodities for which such board was constituted will be best served by including such lastmentioned growers within such district or locality the Minister may recommend accordingly to the Governor in Council. (7E) Upon such recommendation the Governor in Council may by regulation extend the specified district or locality with respect to which the commodity or commodities have been declared (and either with respect to all of such commodities or with respect to any 1 or more of them) and the board constituted as abovementioned so as to include the lastmentioned growers. (7F) However, any other district or locality to be included in a specified district or locality by any such extension shall be contiguous to the specified district or locality concerned, and no part of such other district or locality shall be distant more than 80 km from the boundary of such specified district or locality. (7G) In the exercise of the powers by subsection (7E) conferred upon the Governor in Council, and for the purpose of carrying into full effect the objects and purposes of this Act, the Governor in Council may by regulation make all such adjustments and give all such directions as appear to the Governor in Council necessary to meet the circumstances. (7H) With respect to any commodity or commodities and the board constituted therefor the Governor in Council may, from time to time, by regulation make such provisions as are in the Governor in Council's opinion necessary, convenient, or expedient for all or any purposes of-- (a) the licensing by the board of the carriage by road of any of the commodity or commodities; prescribing the circumstances under which the carriage by road of any of the commodity or commodities is prohibited save under the authority of a licence by the board (which circumstances may be prescribed by reference, by way either of inclusion or exclusion, to persons, classes of persons, roads, descriptions of vehicles, localities, or in any other manner sufficient in the opinion of the Governor in Council); prescribing, regulating, and controlling applications for, (and for

s9

18 Primary Producers' Organisation and Marketing Act 1926

s9

the renewal of) such licences, and the issue, renewal, cancellation, or suspension, and tenure thereof; (b) the stopping and entry on or into, and inspection on roads of vehicles carrying or suspected of carrying thereon any of the commodity or commodities contrary in any respect to the requirements of this Act or in the course of, or for the purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect of the requirements of this Act; (c) the seizure and delivery to the board of any commodity found being carried on or in any vehicle on a road as specified in paragraph (b); and the things and steps to be done and taken by the driver or person in charge of any vehicle for effecting such a delivery; and ensuring against the prevention or obstruction of any such delivery; (d) the information and particulars in relation to the owner, producer, consignor, and consignee of the commodity, and otherwise in relation thereto, to be furnished by the driver or person in charge of any vehicle carrying any of the commodity or commodities on a road to a person by whom that vehicle is stopped under the authority of this Act; requiring the furnishing on demand of such information and particulars, and prohibiting the furnishing of any such information or particulars which is or are in any respect false or misleading; (e) returns showing the quantities respectively of the commodity, or of any of the commodities held by the grower at the commencement of the period to which the return relates, produced by the grower during that period, and held by the grower at the end thereof and showing the quantity of the commodity, or of any of the commodities disposed of by the grower during such period (stating purposes for which the grower himself or herself has used any thereof and the quantities thereof used for those purposes respectively), and stating the names and addresses of all persons to whom the grower has disposed of any quantities thereof during such period, and the amounts of those quantities respectively; requiring the furnishing to the board by

s9

19 Primary Producers' Organisation and Marketing Act 1926

s9

growers of such returns at any time or from time to time; and prohibiting the furnishing of such a return which is in any respect false or misleading; (f) inspection of books, documents, and records pertaining to the business of any grower who is suspected of having sold, supplied, or otherwise disposed of any of the commodity or commodities, contrary in any respect to the requirements of this Act, and of any person who is suspected of having bought or otherwise obtained, either as principal or agent, any of the commodity or commodities contrary in any respect to the requirements of this Act; authorising, regulating, and controlling entry and re-entry into or upon any land, premises, or place for making such inspections; defining powers of searching for, inspecting and taking copies of, or extracts from books, documents, and records as aforesaid, and the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in the exercise by persons thereunto authorised of their powers as aforesaid; and ensuring against the prevention of the exercise, or obstruction in the exercise of, any such powers;

(g) entry into or upon, and inspection and examination of, any land, premises, or place (and of all structures, vehicles, and things therein or thereon) where there is, or is suspected to be, any of the commodity or commodities; the inspection and examination of any of the commodity or commodities found upon such entry; the seizure of any thereof which is, or is suspected to be, in or on the land, premises, or place (including in or on any structure, vehicle, or thing) in question contrary in any respect to the requirements of this Act or in the course of, or for a purpose of enabling or assisting, or for a purpose of or connected with, or arising out of, the contravention in any respect and by any person whomsoever of the requirements of this Act; the delivery to the board of any of the commodity or commodities so seized; defining powers of entry, inspection, examination, and seizure as hereinbefore mentioned in this paragraph; the persons by whom those powers shall be had and may be exercised; requiring growers and other persons affected, their agents and employees, to permit and aid in

s9

20 Primary Producers' Organisation and Marketing Act 1926

s9

the exercise by persons thereunto authorised of those powers, and ensuring against prevention of the exercise or obstruction in the exercise of those powers; (h) records of purchases of the commodity or any of the commodities to be made and kept by persons engaged, whether as principals or agents, in buying and selling the same; the manner of the making and keeping of those records; the place where and time during which they are to be kept; the information and particulars to be thereby recorded; requiring persons hereinbefore mentioned in this paragraph to make and keep those records; and prohibiting the making or keeping of any such record which is in any respect false or misleading; (i) the division of the State into zones or, where the commodity is declared to be such under and for the purposes of this Act within specified districts or localities, the division of such districts or localities into zones; determining with reference to a period or periods specified the maximum quantity of the commodity produced in any zone which shall vest in and become the property of the board or which shall be delivered to the board or its authorised agents; determining in relation to a grower (the identity of whom may be established by the grower being in a specified zone, class or area or by any other manner considered sufficient by the Governor in Council) the maximum quantity of the commodity or commodities produced by the grower which, with reference to a period or periods specified, shall be vested in and become the property of the board or which shall be delivered to the board or its authorised agents; declaring with reference to the period or periods specified that in relation to the zone or zones specified (which periods may be specified differently in relation to different zones) the commodity or commodities grown therein shall not vest in and become the property of the board or shall not be required to be delivered to the board or its authorised agents; the pooling of so much of the commodity vested or becoming the property of the board or delivered to the board or its authorised agents as was produced in any zone or zones differently from so much thereof as was produced in another zone or other zones, and either with or without reference to a period of time.

(j)

s 10

21 Primary Producers' Organisation and Marketing Act 1926

s 10

(8) A regulation under subsection (7H), and every licence issued by a board by virtue of a regulation under subsection (7H), shall apply subject to, and so as not to authorise, justify or excuse any act or omission which is an offence against, the Transport Operations (Road Use Management) Act 1995 or the Acts mentioned in schedule 2, part 1 of that Act.4 Board may control several commodities



10.(1) The powers conferred upon the Governor in Council by section 9 to declare any of the commodities in section 9(1) to (1C) mentioned to be a commodity under and for the purposes of this Act and to constitute a board in relation to such commodity and otherwise to exercise the powers in section 9 vested in the Governor in Council shall, in a case where the Governor in Council thinks it proper so to do, be construed so as to confer upon the Governor in Council the power to declare 2 or more of the said commodities to be commodities under and for the purposes of this Act, and to constitute a board in relation to all of the said commodities and otherwise to exercise the powers conferred upon him or her by section 9 in relation to the said commodities and the said board, so that the said board shall have the same powers, authorities, duties, and obligations with respect to all the said commodities as if all of them were one and the same commodity. (2) However, in every such case-- (a) the provisions of section 9 shall, as nearly as practicable, be applied with respect to the said commodities and the said board and all persons, matters, and things concerned; (b) unless the Governor in Council by regulation otherwise directs, for the purposes of all matters arising precedent to the making of a regulation under section 9 and this section each of the commodities proposed to be so declared to be a commodity under and for the purposes of this Act shall be treated as a separate commodity so that the growers thereof shall have the same right of petition and the same right to request a poll before a regulation is made as if the board were proposed to be constituted solely for

4

Transport Operations (Road Use Management) Act 1995, schedule 2 (Repealed Acts)

s 10A

22 Primary Producers' Organisation and Marketing Act 1926

s 10A

that commodity; in such case, however, if as a result of a poll or polls of the growers of 1 or more of such commodities the Governor in Council is precluded from declaring that commodity or those commodities to be a commodity or commodities under and for the purposes of this Act, the Governor in Council shall not be precluded from declaring any other commodity or other commodities the growers of which so desire (either by not requesting a poll or by an affirmative vote upon a poll) to be a commodity or commodities under and for the purposes of this Act and constituting a board therefor; (c) the powers by this section conferred upon the Governor in Council may be exercised by the Governor in Council so that a new commodity or new commodities may be declared as aforesaid and the same or any of them placed under the control of a board already constituted for another commodity. In such case the provisions of paragraphs (a) and (b) shall be applied as nearly as may be, with such modifications as are necessary to meet the particular circumstances of the case; (d) in the exercise of the powers in this section, the Governor in Council may, by regulation make all such adjustments and give all such directions as appear to the Governor in Council to be necessary to meet the circumstances. The Governor in Council may also, where a board is constituted for several commodities, make such provision for the representation of the growers of each of such commodities on the board as the Governor in Council deems proper. Existing boards



10A.(1) Notwithstanding anything in this Act contained to the contrary, at any time convenient before the date on which by regulation the functions of any existing board under this Act (whether constituted before or after the passing of the Primary Producers' Organisation and Marketing Act Amendment Act 1928) shall cease, the Governor in Council may, by regulation and by notification published in at least 1 newspaper normally circulating in the board's area of operation, give notice that it is the intention of the Governor in Council to extend the duration of such board whereby

s 10A

23 Primary Producers' Organisation and Marketing Act 1926

s 10A

the board shall continue to function for such extended term from the date as aforesaid as may be specified in the regulation giving such notice as aforesaid. (2) Moreover the Governor in Council, in the regulation giving such notice as aforesaid, may declare that the Governor in Council will receive a petition from the growers of the commodity residing in the district or locality to which the regulation constituting the board concerned applies and who are engaged in the production of the commodity concerned and who have supplied their product to the board concerned, requesting that a vote of such growers may be taken on the question as to whether the functions of the board concerned shall cease with respect to such commodity on the date as fixed by the regulation constituting the board, or whether the board shall continue to function for such extended term from the date aforesaid as may be specified in the regulation giving notice as aforesaid. (3) If a petition is received within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid, requesting that a vote be so taken, the Minister may direct that such vote be taken accordingly. (4) A vote of such growers shall accordingly be taken, and, if less than one-half of the votes polled are in favour of the continuance by the board of its functions, the board shall cease to function as at the date fixed by the regulation in the first instance. (5) If, however, not less than one-half of the votes polled are in favour of the continuance by the board of its functions or if no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section 10B, then the Governor in Council, by regulation, shall direct and declare that the commodity for which the board was constituted shall continue to be a commodity for the purposes of this Act, and, that the board shall continue to function for such extended time as is specified in the regulation giving notice as aforesaid, and such board shall be and be deemed to be a board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances, shall apply and extend to such commodity and board and all persons, things, and matters concerned.

s 10A

24 Primary Producers' Organisation and Marketing Act 1926

s 10A

(6) However, if within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid no petition is received, or if any petition is received but which is signed by less than the requisite number of growers as is prescribed by section 10B, then the Governor in Council, without the holding of any vote, shall, by regulation, direct and declare that the commodity for which the board was constituted shall continue to be a commodity for the purposes of this Act, and, that the board concerned shall continue to function for such extended term as may be specified in the regulation giving notice as aforesaid, and such board shall be and be deemed to be a board for such period of time for all the purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances, shall apply and extend to such commodity and board and all persons, things, and matters concerned. (7) For the purposes of this section, the time within which any such existing board may continue to function is hereby declared to be extended for such additional period as may be required to enable all the provisions of this section to be complied with; and such board shall so continue to perform its duties and exercise its functions during such extended period accordingly, notwithstanding that its term as fixed by the regulation constituting the board concerned has expired. (8) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (9) The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. (10) Where immediately prior to the extension or further extension of the duration of a board, the commodity in relation to which the board is constituted is divested from the growers thereof and vested in and the property of the board, then that commodity shall (unless otherwise provided and declared by the Governor in Council by the regulation extending or

s 10B

25 Primary Producers' Organisation and Marketing Act 1926

s 10C

further extending the duration of the board) continue to be divested from the growers thereof and to be vested in and the property of the board during the term for which its duration is extended or further extended, or until sooner otherwise provided and declared by the Governor in Council by regulation. (11) With respect to every extension or further extension of the duration of a board made pursuant to this section before the enactment of subsection (10), subsection (10) applies as if it had been enacted prior to the time of the extension or further extension. Petition for continuance or otherwise of board



10B. In respect of any petition which may be forwarded to the Governor in Council or the Minister pursuant to the provisions of this Act, requesting that a vote be taken as to whether any existing board under this Act (whether constituted before or after the passing of the Primary Producers' Organisation and Marketing Act Amendment Act 1928) should continue to function or should not continue to function or otherwise, such petition shall not be of any effect nor be taken into consideration unless such petition is signed by not less than 10% of the growers engaged in the production of the commodity concerned, and who have supplied their product to the board accordingly. Amalgamation of boards



10C.(1) Notwithstanding anything in this Act contained to the contrary, the Governor in Council may, by regulation, give notice that it is the intention of the Governor in Council to direct that any board or boards constituted or hereafter to be constituted under this Act shall become amalgamated as one joint board, whereby such joint board shall exercise all the powers and perform all the functions and undertake all the responsibilities of such amalgamated boards, as a joint board accordingly. (2) The regulation shall also specify the number of members which shall constitute such proposed joint board, the appointment or election thereof, and any other matters and things whatever which may be considered necessary under the circumstances.

s 10C

26 Primary Producers' Organisation and Marketing Act 1926

s 10C

(3) Moreover the Governor in Council, in the regulation giving notice as aforesaid, may declare that the Governor in Council will receive a petition from the prescribed number of growers of the commodities to which any board proposed to be amalgamated with any other board or boards applies, and who are engaged in the production of the commodities concerned, requesting that a vote of such growers may be taken on the question as to whether any such amalgamation as specified in the notice aforesaid shall be approved or not approved. (4) If a petition is received within 30 days from the date of notification in the gazette of the regulation giving notice as aforesaid requesting that a vote be so taken, the Minister may direct that such vote shall be taken accordingly. (5) A vote of such growers shall accordingly be taken, and if less than one-half of the votes polled are in favour of such amalgamation of the boards concerned, such amalgamation shall not be given effect to. (6) If, however, not less than one-half of the votes polled are in favour of such proposed amalgamation as aforesaid, then the Governor in Council, by regulation, shall direct and declare that the proposed amalgamation of the boards concerned as specified in the regulation giving notice as aforesaid shall be approved and given effect to, and shall specify in the regulation the date as from which such approved amalgamation of the boards concerned shall take effect. (7) And from such date, such joint board, upon being duly constituted, shall be and be deemed to be a board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the joint board concerned and all persons, things, and matters concerned. (8) However, if, within 30 days from the date of the notification in the gazette of the regulation giving notice as aforesaid, no petition is received, or if any petition is received but which is signed by less than any requisite number of the growers concerned as may be prescribed in the regulation giving notice as aforesaid (authority to so prescribe being hereby given), then the Governor in Council, without the holding of any vote, shall, by regulation, direct and declare that the proposed amalgamation of the boards

s 10C

27 Primary Producers' Organisation and Marketing Act 1926

s 10C

concerned as specified in the regulation giving notice as aforesaid shall be approved and given effect to, and shall specify in the regulation the date as from which such approved amalgamation of the boards concerned shall take effect. (9) And from such date such joint board, upon being duly constituted, shall be and be deemed to be a board for all purposes of this Act; and the provisions of this Act, either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council to be necessary, either generally or to meet any particular circumstances, shall apply and extend to any commodity concerned and the joint board concerned and all persons, things, and matters concerned. (10) On the amalgamation of any boards into a joint board pursuant to the provisions of this section, any such board concerned shall cease to be a board for the purposes of this Act, and its members, officers, and employees shall go out of office, and any such board shall cease and determine accordingly. (11) However, the joint board may appoint any officers and employees which it may consider necessary for the due exercise of its powers and for the performance of its functions. (12) If upon or within 3 months after the amalgamation, the joint board employs any officer or employee of a board included in the amalgamation, then for the purpose of determining, in relation to the officer's or employee's employment by the joint board, the right of such officer or employee to annual leave, sick leave or long service leave, or any other right or privilege had by him or her in respect of his or her employment by the joint board, the periods of his or her service with the board and the joint board respectively which, if they were one and the same employer, would aggregate unbroken continuous service under and for the purposes of the Industrial Conciliation and Arbitration Act 1961, section 17, shall be taken into account in calculating the length of his or her continuous service with the joint board. (13) However, in determining any right or privilege of such an employee in relation to the employee's employment by the joint board, any period of service had by the employee with the board included in the amalgamation in respect whereof the employee has received that right or privilege shall not be taken into account.

s 10D

28 Primary Producers' Organisation and Marketing Act 1926

s 10D

(14) All the property and all other assets of whatever description, and all rights, liabilities, obligations, and contracts of any board concerned and each of them existing at the date specified in the regulation above referred to as from which such approved amalgamation of the boards concerned into the joint board concerned shall take effect, shall, without any transfer, assignment, or conveyance, or notice other than the regulation, be divested from the boards concerned, and shall be vested in and shall attach to and may be enforced by and against the said joint board. (15) All proceedings and things lawfully had and done by the boards concerned respectively shall be and continue to be in full force and effect to all intents and purposes as if the same had been done by the joint board, and if the same are not completed may be continued and completed by the joint board. (16) For the purposes of this section the committee of direction constituted under the Fruit Marketing Organisation Act 1923, shall be deemed to be a board. (17) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (18) The power to make regulations under this Act shall extend and apply to the provisions of this section and, where there may be in the Act or in this section no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. Further powers of Governor in Council as to boards



10D.(1) The Governor in Council may, by regulation, extend the provisions of section 10A or 10C (either wholly or with all such modifications thereof or additions thereto as are deemed by the Governor in Council necessary either generally or to meet any particular circumstances) whereby any commodity or class of commodities may be separated from the control of any board constituted in respect thereof, and dealt with pursuant to any terms, provisions, and stipulations contained in a regulation under this section.

s 11

29 Primary Producers' Organisation and Marketing Act 1926

s 11

(2) The provisions of sections 10A and 10C may in like manner be extended to embrace and include any matter concerning the subdivision, reconstruction, or otherwise of any board under this Act and being the subject of a regulation under this section. (3) For the purposes of this section the committee of direction constituted under the Fruit Marketing Organisation Act 1923 shall be deemed to be a board. (4) Moreover, the provisions of this section shall be read and construed whereby any of the classes (or part of any class) of fruit as set forth in the Fruit Marketing Organisation Act 1923, section 11(1), namely--bananas, pineapples, deciduous fruit, citrus fruit, other fruits, may be separated from the functioning by and control of the committee of direction appointed under such lastmentioned Act, and declared to be a commodity under the Primary Producers' Organisation and Marketing Act 1926, in respect of the class (or part of the class) of fruit concerned; and this section and a regulation thereunder shall extend and apply accordingly. (5) The committee of direction, in respect of the class (or any part of the class) of fruit not dealt with pursuant to the provisions of this section, shall, subject to this Act and the Fruit Marketing Organisation Act 1923, continue to function in respect of such class (or part of the class) of fruit not so dealt with. (6) A regulation under this section shall have the same force of law as if it were enacted in and formed part of this Act, and shall be judicially noticed, and shall be obeyed by all persons concerned. (7) The power to make regulations under this Act shall extend and apply to the provisions of this section, and where there may be in the Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to the provisions of this section, regulations may be made providing for and supplying such omission or insufficiency. Commodity board



11.(1) The Minister shall, as soon as practicable after the application of this Act to a commodity, appoint a board, of the prescribed number of elected representatives of the growers of the commodity.

s 11

30 Primary Producers' Organisation and Marketing Act 1926

s 11

(1A) The Minister shall appoint the director of marketing as an additional member thereof in cases where the board is the marketing board for the commodity. (1B) The Minister may appoint 1 or more persons, in every case, with general authority to act in the room of the director of marketing during any absence of the said director, and the fact that any one of those appointees so acts shall be conclusive evidence of the absence of the said director. (1C) The Minister shall, on the recommendation of the board pursuant to resolution at their first meeting, appoint 1 of the members to be chairperson of the board. (1D) However, on failure of the board to pass such resolution the Minister shall appoint 1 of the members to be chairperson without such recommendation. (1E) The Minister may, after consultation with the particular board, appoint 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 3), being a person or persons with qualifications or experience relevant to the operations of the particular board, to be a member or members, as the case may be, of a marketing board. (1F) In making any such appointment, the Minister shall ensure that in consequence-- (a) a majority of members of the board are elected representatives of growers; and (b) the chairperson is an elected representative of growers; and (c) no employee of the board is appointed as an additional member of the board. (1G) The Minister may request the board to supply a panel of names from which the Minister may select the person or persons as described in subsection (1E). (1H) Subject to this Act, a person or persons appointed to be a member of a marketing board pursuant to subsection (1E) shall hold office for the balance then remaining of the term then current of the elected representatives of growers on the board.

s 11

31 Primary Producers' Organisation and Marketing Act 1926

s 11

(2) The board shall not be deemed to represent the Crown for any purpose whatsoever. (3) Except where the board is a producer representative body within the meaning of section 30C, the board shall be called `the [name of commodity] board', or, if the board has power to undertake the functions of marketing the commodity for which it is constituted, `the [name of commodity] marketing board' and shall have the powers and perform the duties conferred and imposed upon them by this Act. (3A) Moreover if any board is constituted for a district or locality its name shall include a word or words indicating such district or locality. (3B) The members of the board shall be paid such remuneration from the funds of the board as may be approved. (3C) A board may, subject to the approval of the Minister, carry on business under a business name registered under the Business Names Act 1962. (4) If the Governor in Council is satisfied that the chairperson or any member of a board has contravened or failed to comply with any provision of this Act or of any other Act relating to such board the Governor in Council may, and whether or not such chairperson or member has been convicted of such contravention or omission, remove or suspend such chairperson or member from his or her office as such. (4A) However, the chairperson of a board removed or suspended from the chairperson's office as such under subsection (4) shall be eligible to continue as a member of the board unless the Governor in Council upon so removing the chairperson otherwise directs. (4B) For the purposes of subsections (4) and (4A) the committee of direction appointed under the Fruit Marketing Organisation Act 1923, shall be deemed to be a board. (5) The board shall cause minutes of their decisions to be kept. (6) The board may sue and be sued in its official name. (7) No act or proceeding purporting to be done or made by the board shall be or be held to be invalid by reason that the board was not properly constituted or by reason of any invalidity or irregularity in the appointment or election, as the case may be, of any member or members of the board.

s 11A

32 Primary Producers' Organisation and Marketing Act 1926

s 11A

(8) In the event of any vacancy on any board arising from the death, resignation or disqualification of any member or from any other cause the Minister may, at the Minister's discretion-- (a) if the vacancy is in respect of an elected member-- (i) appoint a person to fill the vacancy; or (ii) direct that a by-election be held to fill that vacancy pursuant to section 52; (b) if the vacancy is in respect of a member appointed pursuant to subsection (1E), 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. (9) The Minister may request 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 (8)(a)(i) or (b). (10) In the event of any vacancy occurring in the position of chairperson of a board, the Minister shall on the nomination of the board appoint another elected member of the board to be chairperson for the balance then remaining of the current board's term of office. (11) Schedule 2, part 1 shall apply in respect of meetings of marketing boards. Further powers of commodity board



11A.(1) In addition to any other duties and functions conferred and imposed upon it under this Act, a board appointed with respect to a commodity shall be concerned with the preservation, expansion, and economic well-being of the industry which the board so represents, and shall be the medium of communication between the Government and all persons engaged in or associated with such industry. (2) Such board shall take cognisance of all agricultural and marketing problems arising out of or associated with its particular industry.

s 11B

33 Primary Producers' Organisation and Marketing Act 1926

s 11C



Failure to elect or appoint representative

11B. If any association or body of persons fails to elect its prescribed representative or representatives on any board, the Governor in Council may notwithstanding such failure to elect, appoint any person or persons to be such prescribed representative or representatives. Termination of term of office of board



11C.(1) Notwithstanding any other provisions of this Act, the Governor in Council may by gazette notice terminate the term of office of the chairperson and members of a board-- (a) if a petition signed by not less than 50% of the growers of the commodity requesting termination of the board is received by the Minister; and (b) if-- (i) in the opinion of the Governor in Council it is in the interests of the growers of the particular commodity for the term of office of the chairperson and members of the board to be terminated; or

(ii) a majority of the elected members of a board have resigned or otherwise vacated their office; whereupon the chairperson and members of the board shall forthwith vacate office. (2) The Governor in Council may by the same or a subsequent gazette notice appoint a person to be the administrator of the board who shall be deemed to constitute the board and may exercise and shall discharge the powers, authorities, functions and responsibilities of the board. (3) The person appointed as administrator of a board pursuant to subsection (2) shall-- (a) hold office until the first meeting of the board held following the appointment of new members of the board pursuant to subsection (4) or until the administrator's appointment is sooner terminated by the Governor in Council; and

s 11D

34 Primary Producers' Organisation and Marketing Act 1926

s 11E

(b) be paid such remuneration as may be approved by the Governor in Council. (4) Where the term of office of the members of a board is terminated pursuant to subsection (1) the Minister shall arrange, at such time as the Minister thinks fit, for the election and appointment of members to the board. Confidentiality of members of a board



11D.(1) A person who is a member of a 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-- (a) to the Minister, the chief executive or the auditor-general; or (b) to a lawfully constituted court or tribunal; or (c) in the course of carrying out the person's duties in the manner approved by the board. (2) If the Minister is satisfied, following a report of the board, that a person has contravened the provisions of subsection (1), the Minister may by notice in writing remove that person from office as a member of the board. Vacation of office



11E. A person who is a member of a board shall be deemed to have vacated office as such member-- (a) in the event of the person's resignation, upon the receipt by the Minister of the person's notice of resignation; or (b) in the event of the person's 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 the person; or (c) if the person is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or

s 12

35 Primary Producers' Organisation and Marketing Act 1926

s 12

(d) if the person 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 office; or (e) if the person is removed from office by the Minister for failure to comply with the provisions of section 11D; or (f) if the person is a patient within the meaning of the Mental Health Act 1974.



Boards not to be concerned in party politics 12.(1) A board must not-- (a) use its funds for-- (i) a commodity that is not a commodity under this Act; or (ii) a political party; or (b) affiliate with a body, association or organisation that supports the politics, programs or aims of a political party.

(2) If at any time the Governor in Council is satisfied that a board has contravened this Act the Governor in Council may, by regulation, remove all or any of the members of the board and appoint persons to be members thereof in place of the persons so removed. (3) The Governor in Council may by that regulation or by a later regulation direct that an election of persons to take the place of the persons removed as aforesaid be held and may give all such directions as the Governor in Council deems necessary with respect to the holding of that election. (4) Persons appointed by the Governor in Council to take the place of those removed from office as aforesaid shall, subject to this Act, hold office pursuant to such appointment for the remainder of the term of office of those removed persons unless an election is sooner held as aforesaid when they shall go out of office upon the conclusion of that election. (5) The Governor in Council may exercise powers under this section even if the board has not been prosecuted, or is not liable for, a contravention of this Act.

s 13

36 Primary Producers' Organisation and Marketing Act 1926

s 13

(6) Where any producers of a particular commodity to which this Act does not apply are desirous of having this Act applied with respect to such commodity, such producers may with the approval of the Minister form a provisional executive, and such executive may raise funds in such manner as the Minister approves for the purpose of taking any poll as prescribed with respect to such commodity and of discharging all such other financial obligations as may be incurred with respect to the application of this Act to the commodity concerned. General powers of board



13.(1) A board has, and is hereby deemed to have always had the following powers and for the purposes of this Act may exercise all or any of them-- (a) purchase, contract for the use of, or otherwise provide and hold any land which may be required by the board, and any personal property whatsoever; (b) contract for the use of or erect or otherwise provide any buildings or structures, and repair, equip, furnish, and maintain the same; (c) dispose of any property held by them under the foregoing provisions in paragraphs (a) and (b) contained, for such price and on such terms and conditions as to the board seem proper or as may be prescribed; (d) with the prior approval of the Minister, to acquire, hold and dispose of shares in a corporation, being a corporation within the meaning of the Corporations Law or in a cooperative registered under the Cooperatives Act 1997 whose members are primary producers; (e) take such action as may be approved for, and cooperate with the department and other approved bodies and persons in-- (i) studying markets, accumulating data regarding marketing processes and costs, disseminating correct market information, and eliminating waste and unnecessary marketing expenses;

s 13A

37 Primary Producers' Organisation and Marketing Act 1926

s 13B

(ii) generally doing all such things and taking all such steps as may from time to time be approved for the protection, advancement, or furtherance of the industry in respect of which it was constituted or of the producers engaged in that industry. (2) The committee of direction of fruit marketing is taken to be a board for the purposes of subsection (1)(d). Fraud by officers etc. of board



13A. If an officer of a board or any other person on its behalf signs, issues or authorises to be signed or issued on behalf of the board any bill of exchange, promissory note, cheque or other negotiable instrument or any endorsement, order, receipt or letter of credit wherein the name of the board is not mentioned, the officer or other person shall be guilty of an offence against this Act and where he or she has so signed, issued or authorised he or she shall in addition be liable to the holder of the instrument or order for the amount due thereon unless it is paid by the board. Powers of affiliated body



13B.(1) An affiliated body shall not act in concert or association with a board in any matter in which the board itself does not have the power to act unless the Minister gives approval in writing for such affiliated body so to act. (2) An approval pursuant to the provisions of subsection (1) may be granted-- (a) in respect of-- (i) a specific power or matter; or (ii) a number of specific powers or matters; (b) for a specific period or without limit of time. (3) An approval pursuant to the provisions of subsection (1) may be revoked at any time by the Minister in writing addressed to the chief executive officer of the affiliated body at the registered office of that body.

s 13C

38 Primary Producers' Organisation and Marketing Act 1926

s 14



Minister's directions

13C.(1) The Minister may from time to time prepare and issue instructions to a board or an affiliated body ("the Minister's directions") in respect of-- (a) the principles, practice and procedure to be observed in the establishment and maintenance of accounts; and (b) the form and content of the annual statement of accounts; and (c) the form and content of the annual report; and (d) any other related matter as may be prescribed. (2) The Minister may at any time amend, alter or vary the Minister's directions so issued. (3) A board and an affiliated body shall comply with the Minister's directions. (4) The director of marketing shall report to the Minister every instance which comes to the director's notice of the failure of a board or an affiliated body to comply with the Minister's directions.



PART 4--MARKETING



Powers of marketing board

14.(1) Subject to this Act a marketing board may market or arrange for the marketing of the commodity and do all acts, matters, and things necessary or expedient in that behalf accordingly; and in particular, but without limiting the generality of the foregoing powers, may-- (a) appoint, employ, or authorise such officer, servant, and other persons as are necessary; and (b) appoint, employ, or authorise such agents as are deemed necessary and imposing such conditions of agency as the board may deem proper, or as may be approved, or as may be prescribed; and

s 14

39 Primary Producers' Organisation and Marketing Act 1926

s 14

(c) as far as practicable provide the commodity for consumption in Queensland, and for its supply during any period of shortage to those places within Queensland wherein a shortage is experienced; and (d) make such arrangements as they deem necessary with regard to sales of the commodity for export or for consignment to other countries or States: for the purposes of this provision a sale of the commodity for overseas ships' stores shall be deemed to be a sale for export; and (e) receive and consider any petition signed by not less than 100 consumers of the commodity in the district or locality to which the regulation declaring the board's commodity to be a commodity under this Act applies; and (f) notwithstanding any Act or law to the contrary, take no cognisance of, nor be compellable to pay any order given by any grower of the commodity to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of the moneys due to such grower on account of the commodity by such board; and

(g) subject to the approval of the Governor in Council, process, manufacture, prepare, or treat, or make arrangements for the processing, manufacture, preparation, or treatment of, the commodity or any part thereof, and do all such acts, matters, and things as may be necessary or expedient for the processing, manufacture, preparation, or treatment of the commodity, or any part thereof or for the sale of the treated commodity or any product derived from such processing, manufacture, or preparation; and (h) insure the commodity against physical loss or damage; and (i) operate laboratory and testing facilities. (2) Subject to the prior approval of the Minister, a marketing board may from time to time (whether that board is constituted for a district or locality or not) on behalf and at the request of the growers or any person representing the growers thereof sell or arrange for the sale of a commodity of the same kind as the commodity in relation to which the board is

s 14A

40 Primary Producers' Organisation and Marketing Act 1926

s 14A

constituted and in relation to which no other marketing board is then constituted under this Act, whether grown or produced in Queensland or not, and make such charges for its services in that behalf as it may from time to time determine. (3) A marketing board may-- (a) supply, sell or otherwise make available to growers seed, planting material and such other services as may be approved, on such conditions and at such price as determined by the board; and (b) act as an agent for the supply or sale to growers of seed, planting material and such other services as may be approved. (4) When a marketing board has facilities, resources and property that are not at the material time required to be used exclusively for the storage, handling, grading, testing or processing of the commodity or commodities under its control, the board may use such facilities, resources and property to store, handle, grade, test or, subject to the approval of the Minister in writing, process other commodities, produce or products, and for those purposes only-- (a) shall do all acts, matters and things that are necessary or expedient; and (b) may make such charges for its services, at least equal to the costs of providing those services, as it may from time to time determine; and (c) shall have the same powers, in respect only of such storing, handling, grading, testing or processing, as it would have had if any such commodity, produce or product, as the case may be, were a commodity under the control of the board. Marketing board to insure against defalcations by agent



14A.(1) Every marketing board shall insure, and keep itself insured at all times, with the insurance commissioner or some insurer within the meaning of the Insurance Act 1973 (Cwlth), against the failure of any agent of such board to duly pay to the board all moneys so payable by the agent as such agent.

s 14B

41 Primary Producers' Organisation and Marketing Act 1926

s 14F

(2) Every board shall take and keep in force sufficient security from the insurance commissioner or some insurer licensed under the Insurance Act 1973 (Cwlth), for the faithful execution of his or her office by any officer entrusted by such board with the custody or control of moneys by virtue of his or her office. (3) For the purposes of subsections (1) and (2), the committee of direction of fruit marketing is a board. (3A) For the purposes of subsection (2), the Queensland Commercial Fishermen's State Council is a board. (4) Any board within the meaning of this section may apply to the chief executive for exemption from complying with subsection (1) or for a limitation of its obligation to insure and keep itself insured in terms of subsection (1). (5) The chief executive may make such recommendation respecting such application as the chief executive shall think fit to the Minister, who shall refer same to the Governor in Council. (6) Subject to a recommendation by the chief executive in that behalf, the Governor in Council may from time to time by regulation exempt any board within the meaning of this section from complying with subsection (1) or may limit the obligation of any such board to insure and keep itself insured in terms of subsection (1) to an amount stated in such regulation. Marketing board to be corporation for certain purpose



14B. For the purpose of the Land Act 1962, section 206 a marketing board shall be deemed to be and at all times to have been a body corporate constituted by an Act with power to take, acquire, purchase and hold land. Other marketing arrangements



14F. A marketing board may, subject to the prior approval of the Minister, purchase from any person or body as may be approved, a product, whether produced in Queensland or not, which, if produced within the board's area of operations, would be a commodity within the meaning of this Act if--

s 15

42 Primary Producers' Organisation and Marketing Act 1926

s 15

(a) the board is unable to supply on a sales contract from within its area of operation; or (b) the board considers that it is necessary or expedient to supplement the supply of the commodity in order to meet demand. All the commodity to be delivered to marketing board



15.(1) Save as hereinafter prescribed, all the commodity shall be delivered by the growers thereof to the marketing board or their authorised agents within such times, at such places, and in such manner as the board may fix, or as may be prescribed. (2) All the commodity so delivered shall be deemed to have been delivered to the board for marketing by the board on behalf of the growers thereof. (3) Any person who, save as hereinafter prescribed sells or delivers any of the commodity to or buys or receives any of the commodity from any person other than the board shall be guilty of an offence against this Act and liable-- (a) for a first offence--to a penalty not exceeding 20 penalty units; (b) for a second such offence--to a penalty not exceeding 100 penalty units; (c) for a third or subsequent such offence--to a penalty not exceeding 200 penalty units. (4) The board may, in such cases and on all such terms and conditions as may be prescribed or approved by the Minister, exempt (either generally or in any particular case) from the operation of this section-- (a) such small growers of the commodity as the board think fit; and (b) sales of the commodity direct to local consumers or to retail vendors; and (c) such portion of the commodity as the grower may require for the grower's own use as seed or for food for the grower's family or the grower's livestock; and

s 16

43 Primary Producers' Organisation and Marketing Act 1926

s 18

(d) such other sales, deliveries, purchases or receivals of the commodity as may be prescribed or approved by the Minister. (5) The board's decision as to whether any specified person or article falls within the limits of any such exemption shall be final. (6) The board may at any time, by notification published in the gazette, revoke any such exemption. (7) This section shall not apply in respect of any commodity or any part thereof which, by virtue of this Act, does not vest in and become the property of the board concerned or which is not required to be delivered to the board or its authorised agents. Delivery in name of grower



16.(1) All the commodity delivered to a board shall be delivered in the name of the grower thereof, and if so prescribed such grower shall tender with each consignment of the commodity intended for delivery to the board a certificate of merchantable quality from a State grading officer or other officer appointed in that behalf, indicating the quality of the commodity comprised in the consignment. (2) Any person who fails to comply with this section shall be guilty of an offence against this Act. Tender evidence of intention to deliver



17. The tendering of the commodity by any person (whether by himself or herself or by any other person authorised by the person) to an authorised agent, for acceptance of delivery by the authorised agent, shall be prima facie evidence of an intention to deliver the tendered commodity to the board to be disposed of by the board in accordance with this Act. Acceptance by board etc.



18.(1) A marketing board shall not refuse to accept from any grower any of the commodity which is of the prescribed quality, or which conforms to the prescribed standard, or (when so prescribed) for which a certificate of merchantable quality from a State grading officer or other officer appointed

s 18

44 Primary Producers' Organisation and Marketing Act 1926

s 18

in that behalf has been obtained and tendered with the commodity, provided that the commodity is delivered in accordance with this Act within such reasonable times as shall be fixed by the board. (1A) However, a marketing board may refuse to accept any of the commodity which, by virtue of this Act, does not vest in and become the property of such board or is not required to be delivered to the board or its authorised agents. (2) Subject to this Act a board shall, out of the proceeds of the commodity disposed of by the board under this Act, make payment to each grower of the commodity delivered to the board who has complied with the requirements of any notice issued pursuant to section 25-- (a) if included in a separate pool as provided for in subsection (7)--that proportion of the net proceeds of the sale of all the commodity included in that separate pool which the amount of the commodity supplied by the grower included in such separate pool bears to all of the commodity included in such separate pool; (b) in any other case--that proportion of the net proceeds of the sale of all the commodity which the amount of the commodity supplied by the grower bears to all of the commodity; with proper allowance for differences in the quality of the commodity. (2AA) However, where-- (a) a grower to whom no payment has been made by the board pursuant to the provisions of subsection (2)(a) or (b) signifies in writing to the board that the grower is prepared to accept payment to the grower by the board of an amount determined by the board in lieu of the grower's entitlement under those provisions to pool payments for the commodity delivered by him or her to the board; or (b) a grower to whom total payment has not been made by the board pursuant to the provisions of subsection (2)(a) or (b) signifies in writing to the board that the grower is prepared to accept payment to the grower by the board of an amount determined by the board in lieu of the grower's entitlement pursuant to those provisions to

s 18

45 Primary Producers' Organisation and Marketing Act 1926

s 18

payment of the balance of pool payments or part thereof for the commodity delivered by him or her to the board; the board may make payment 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 the grower's entitlement under subsection (2). (2A) A surplus of moneys which arises from the operation by the board of the payment schemes or any of them pursuant to subsection (2) or (2AA) shall be placed to the credit of a cash payment scheme reserve account which account may be drawn upon in the manner approved or prescribed. (2B) Notwithstanding the provisions of subsection (2) or (2AA) 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 subsection (2) or (2AA), as a result of the overpayment by the board to growers of payments, the board may-- (a) 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; or (b) with the prior approval of the Minister, utilise funds standing to the credit of the cash payment scheme reserve account to meet that loss of moneys. (3) For the purpose of ascertaining the net price to be paid to the growers of the commodity delivered to the board, and generally for the purposes of this Act, the board's decision as to the quality or standard of such commodity, the method of determining the deductions, dockages, premiums or other adjustments, cost of freight from trucking point to customary shipping port, and other charges, all expenditure incurred in and about the marketing of the commodity, and generally the method of the determining of and actually what is the net price, shall be final. (4) The board shall pay to every grower the value of so much of the grower's commodity which has been stacked, stored, or otherwise dealt with in the prescribed manner so as to be ready for delivery to the board, and which thereafter, through no fault of the grower, has been damaged or destroyed before such delivery.

s 18

46 Primary Producers' Organisation and Marketing Act 1926

s 18

(5) A board may-- (a) with the prior approval in writing of the Minister, establish and maintain a reserve fund or reserve funds for such purposes as may be prescribed or, so far as is not so prescribed, as may be approved; and (b) with the prior approval of the Minister in each case, 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 prescribed or, so far as is not so prescribed, as may be approved. (5A) The board may, with the prior approval in writing of the Minister, deduct from the net proceeds from the sales of the commodity for any one year or season and place into a reserve account or reserve accounts, an amount not exceeding 5% of those net proceeds. (5B) Where-- (a) the board operates a payment scheme in accordance with subsection (2) or (2AA), it may make that deduction from the net proceeds of sale; (b) the board operates a payment arrangement approved pursuant to section 18A or 18B, it may make that deduction in such manner as is approved. (5C) 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. (5D) The board may transfer moneys, received by the board, that do not form part of the proceeds of sale of the commodity to a reserve fund approved pursuant to subsection (5). (7) Without limiting the generality of subsection (2), a board may in any year or season operate separate pools in accordance with this Act on the basis of any 1 or more of the following-- (a) time of delivery; (b) zone or area of production of the commodity;

s 18A

47 Primary Producers' Organisation and Marketing Act 1926

s 18A

(c) quality, grade or variety of the commodity; (d) any such other manner as may be prescribed or, if no such manner is prescribed, as may be approved. (8) 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 section 22 or 23A, the board may deduct from such payment the debts due and owing by that grower of a kind and in the order of priority specified in paragraphs (a) and (b)-- (a) first, debts due and owing to the Crown, or to any person or body representing the Crown; (b) second, debts due and owing to the board. (9) Where, at the end of a financial year, any portion of the commodity delivered to 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; and (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. Variation of payment arrangements



18A. The Governor in Council may, following a request in writing by a board to the Minister, by regulation approve of such variations of the payment arrangements, prescribed by section 18(2) or (2AA), in respect of the commodity for which the board is constituted, as may be necessary to ensure that growers of that commodity receive such payments from the net proceeds of sale of the commodity produced by that grower and marketed

s 18B

48 Primary Producers' Organisation and Marketing Act 1926

s 18B

by the board, as reflect the proper market value of the commodity having regard to the marketing arrangements adopted by the board concerned. Marketing arrangements for individual growers



18B.(1) The Governor in Council may, by regulation, approve of the implementation of a scheme whereby a marketing board may, subject to such terms, details and conditions in relation thereto as are specified in that or a subsequent regulation, 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 the commodity produced by that grower and to be sold by the board by reference to a price listed or quoted-- (a) on a futures exchange; or (b) in an approved commodity market; or (c) by the board after being determined-- (i) as prescribed; or (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 regulation shall take effect according to its tenor. (3) In respect of the quantity or proportion of the commodity dealt with pursuant to subsection (1), the Governor in Council may by regulation 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 regulation shall take effect according to its tenor. (4) The Minister may limit the quantity or proportion of the commodity 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 the commodity of a grower is dealt with pursuant to subsection (1)--

s 18C

49 Primary Producers' Organisation and Marketing Act 1926

s 18C

(a) that grower shall be fully responsible for any costs or losses arising therefrom incurred on the grower's behalf by the board; and (b) the board may require the grower to lodge with the board a fidelity bond, 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 a general 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 the grower's obligations under section 15 in respect of such quantity or proportion of the commodity of the grower as is not dealt with pursuant to this section. Board may contract with grower



18C.(1) Notwithstanding any other provision of this Act, a board may contract with a grower to receive a part or all of the commodity produced by that grower for inclusion in any payment or marketing scheme 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), a 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; and (b) inclusion of the commodity 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) A board may offer different payment or marketing schemes or arrangements in respect of different classes of the contracts referred to in subsection (1).

s 19

50 Primary Producers' Organisation and Marketing Act 1926

s 20

(4) This section shall not be construed so as to relieve a grower from the grower's obligations in respect of the commodity under section 15. Issue of certificates and payment in connection with commodity delivered to board


19.(1) As soon as practicable after the receipt of any commodity, the board shall issue to the grower thereof a certificate in the approved form. (1A) However, the board, if they have received notice of any mortgage, charge, lien, or encumbrance over or contract relating to such commodity, may in their discretion refuse or withhold the issue of such certificate. (2) Where the commodity is grown under a share-farming agreement the board may, in their discretion, issue a separate certificate to each of the parties to such agreement. (3) Such certificate shall not be transferable, except by way of security approved by the board. (4) The board may make or arrange for advances on account of the commodity delivered to the board, and any such advances and any payment made on account of such commodity may be made at such time or times, and on such terms and conditions, and in such manner, as the board may think fit. Contracts for sale of commodity



20.(1) Every contract which is made in or outside of Queensland, whether before or after the extension of this Act to the commodity, so far as it relates to the sale of the commodity for delivery in or out of Queensland, shall, when specified by the marketing board in a notification published in the gazette, be and is hereby declared to be and to have been void and of no effect as from the date upon which it was made, so far as such contract has not been completed by delivery at the date of such notification. (1A) However, for the purposes of this section any such contract shall be deemed to be severable. (2) Any transaction or contract with respect to any commodity which is the subject matter of any contract or part of a contract declared by this

s 21

51 Primary Producers' Organisation and Marketing Act 1926

s 22

section to be void shall also be void and of no effect, and any money paid in respect of any contract or part of a contract hereby made void or of any such transaction shall, to the extent to which the said contract or transaction is made void, be repaid. (3) Nothing in this section shall apply to a commodity the subject of an interstate contract. Power of Queensland Rail etc. to refuse to carry



21. Notwithstanding anything in the Transport Infrastructure Act 1994, or the law relating to common carriers, or any agreement to the contrary (whether made before or after the extension of this Act to the commodity), Queensland Rail and any common carrier and any owner, charterer, master, or agent of any ship may, on the request of the marketing board, without incurring liability, refuse to carry any of the commodity (not the subject of an interstate contract) from any place in Queensland to any other place in Queensland, or, except as prescribed, to deliver any of the commodity. Remedy against board confined to claim for an account



22.(1) No action for damages shall be brought against the marketing board or any person acting under their authority by any person claiming to be entitled to any bill of sale, mortgage, charge, lien (including any lien on crops under the Bills of Sale and Other Instruments Act 1955) or other encumbrance whatsoever of or upon or over any of the commodity or claiming to be the true owner of the commodity. (2) However, any person who but for this section might have brought any such action may adopt the delivery of the commodity to the board as a delivery thereof by the person to the board, and may claim accordingly for an account of the payments due in respect thereof. (3) But notwithstanding anything in the Bills of Sale and Other Instruments Act 1955 or any other Act, or any rule of law to the contrary, any such person shall not be entitled to claim as aforesaid for an account of the payments due in respect of the commodity, or any part of such payments, unless the person has given prior notice in writing to the board in the approved form of such bill of sale, mortgage, charge, lien, or other

s 23

52 Primary Producers' Organisation and Marketing Act 1926

s 23A

encumbrance, or claim of ownership, and then only for such part of such moneys as has not been paid to other persons at the time of the receipt by the board of such notice. Duty to give notice of encumbrances etc. on delivery thereof



23.(1) Every grower of the commodity which is subject to any bill of sale, mortgage, charge, lien, or encumbrance referred to in section 22, or in respect of which or of the crop from which the same was harvested the grower has entered into any contract in derogation of the grower's title to sell the commodity as the absolute owner thereof (and whether such bill of sale, mortgage, charge, lien, or encumbrance or contract was made before or after the extension of this Act to the commodity), shall, when delivering the commodity to the board, give to the person receiving the commodity on behalf of the board a notice in writing in the approved form of every such bill of sale, mortgage, charge, lien, or encumbrance or contract. (2) A notice given in respect of a delivery made to any person receiving the commodity on behalf of the board at one railway station or place of delivery shall not be deemed to be a compliance with this section in respect of a delivery made to any other person receiving the commodity on behalf of the board at the same or any other railway station or place of delivery. (3) Any person wilfully guilty of a failure to comply with any of the provisions of this section shall be guilty of an offence against this Act. Priority of order for payment of harvesting costs



23A.(1) In addition to but without in any wise limiting the provisions of the Wages Act 1918, and notwithstanding any Act or law or rule or process of law to the contrary, any order of which the board has written notice given by a grower of a commodity to pay any portion of the moneys due to such grower by the board on account of the commodity to any person for and in respect of the cost of harvesting or carrying away such commodity from the crop shall be and constitute a charge upon such moneys and shall be paid by the board before--

s 24

53 Primary Producers' Organisation and Marketing Act 1926

s 25

(a) any payment due in respect of such commodity for which the board is accountable to any person whomsoever by virtue of the provisions of section 22; or (b) any order of which the board has taken cognisance to pay to any person other than the Crown (or corporation or instrumentality representing the Crown) any portion of such moneys. (2) Every grower of a commodity who has given any order to pay any portion of the moneys due to such grower by a board on account of the commodity to any person for and in respect of the cost of harvesting or carrying away such commodity from the crop shall, when delivering the commodity to the board, give to the person receiving the commodity on behalf of the board notice in writing of such order. Non-liability of board for payments in good faith etc. 24. Where the marketing board in good faith has made any payment-- (a) to a grower delivering any of the commodity to the board or any person acting under their authority; or (b) to any person entitled or claiming to be entitled through such grower; or (c) to any person on the order of such grower or lastmentioned person; the board shall not be answerable to any other person in respect of such payment for the commodity or any part thereof or in any action, claim, or demand whatsoever for damages or otherwise.





PART 5--RETURNS AND ADMINISTRATION



Board may require growers and holders to furnish returns

25.(1) The board may from time to time, by notice in the gazette and 2 newspapers published in the State, require growers of the commodity and holders of the commodity to furnish a return in the form specified in such

s 26

54 Primary Producers' Organisation and Marketing Act 1926

s 27A

notice, showing the quantity of the commodity grown or held at any time specified in such notice, and setting forth such other particulars (if any) as may be specified therein. (2) Any grower or holder who fails to comply with any of the requirements of such notice, or who wilfully furnishes any false or misleading return, shall be guilty of an offence against this Act. Protection of the Crown etc.



26. No action, claim, or demand whatsoever shall lie, or be made or allowed by or in favour of any person whomsoever, against the Crown, the Minister, the director of marketing, a person acting in the room of the director of marketing in accordance with section 11(1B), a person who is a member of a subsidiary body within the meaning of section 30E or (save as in this Act is expressly provided) a board or any officer or person acting in the execution of this Act, for or in respect of any damage or loss or injury sustained or alleged to be sustained by reason of the passing of this Act or the extension of this Act to a commodity, or of its operation, or of anything done or purporting to be done thereunder. Financial administration



27. Notwithstanding any other Act, the provisions of the Financial Administration and Audit Act 1977 apply to a board as if the board was a statutory body within the meaning of that Act. Unclaimed moneys



27A.(1) A board may transfer to such of its funds as may be approved by the Minister any moneys which have remained unclaimed in its hands for not less than 3 years, and thereupon such moneys shall become and be the property of the board. (1A) If at any time subsequent to such transfer, any person establishes a claim to such moneys the board may, with the approval of the Minister, make payment thereof to the person from the fund or funds whereto such moneys were transferred.

s 29

55 Primary Producers' Organisation and Marketing Act 1926

s 29

(2) For the purposes of this section the committee of direction of fruit marketing constituted under the Fruit Marketing Organisation Act 1923 shall be deemed to be a board.



PART 6--LEVY BY BOARD



Board may make levy

29.(1) The board, with the prior approval of the Minister, may from time to time make a levy in respect of the commodity for which the board is constituted, in such amount as the board, with the approval of the Minister, may determine. (2) All moneys raised by a board in respect of levies under this section shall be paid to the credit of a special account in the books of the board and shall be applied as follows-- (a) in payment of such administrative expenses of the board as the board may from time to time determine to be payable out of such account; (b) in establishing and maintaining a fund or funds for the purpose of effecting or providing insurance against fire, pests, hail, flood, or other casualty for the benefit of such class or classes of growers as may be prescribed; (c) in establishing and maintaining a reserve fund; (d) in establishing and maintaining a fund for effecting any other special object which the board may determine to be in the common interest of the growers of the particular commodity; (e) in establishing and maintaining a fund for legal expenses, whether by way of compensation, damages, or costs incurred or to be incurred by the board, or which may have been incurred or may be incurred by any other board being a party to legal proceedings where such proceedings were or are of common interest to growers and boards generally under this Act, and to the intent that contribution may be made by the board from such fund towards

s 29

56 Primary Producers' Organisation and Marketing Act 1926

s 29

the aforesaid legal expenses of such other board, being a party to such proceedings of common interest to growers and boards generally. (2A) However, it shall not be competent for a board to establish any such fund as in subsection (1)(c), (d), and (e) unless or until the purpose for which it is proposed to establish the fund and the rate of levy on the commodity for that purpose are expressly approved by the Minister. (2B) Before any particular levy is made for the purposes of the establishment of such fund, the board shall cause a notice of intention to be published in at least 1 newspaper normally circulating in the board's area of operation. (2C) Within 30 days of the publication of such notice, 50 growers of the commodity (or such other number of growers as may be approved), may petition the Minister that a poll be taken of all growers of the commodity upon the question of the making of the levy for the establishment of such fund and, in the event of such a petition being received by the Minister, a poll shall be conducted by the department. (2D) Following such a poll, the fund shall not be established and the levy shall not be made unless-- (a) not less than 50% of growers of the commodity eligible to vote on any such question have duly exercised their right to vote in that poll; and (b) not less than 60% of the valid votes cast are in favour of the establishment of the fund. (2E) Notwithstanding anything in this Act to the contrary contained, it is hereby declared that the Governor in Council may from time to time, in any case in what it considers it advisable so to do by regulation, require and direct any board to make a levy in respect of the commodity for which the board is constituted, and therewith to establish a fund as security to meet any liability or obligation undertaken by Her Majesty the Queen for or on behalf of the board, whether such liability or obligation be then paid or be then presently payable or payable in the future; and by the same or any other regulation may require the board to utilise the moneys in such fund for the purpose of meeting such liability or obligation until such liability or obligation shall have been paid in full, and for the purpose of reimbursing

s 29

57 Primary Producers' Organisation and Marketing Act 1926

s 29

Her Majesty the Queen the amount of any moneys expended by Her for the board on account of any such liability or obligation, and thereafter to utilise such moneys for such purpose as the Governor in Council may direct in the interests of the board and the growers. (2F) However, no poll of growers shall be demandable or taken on the question of the making of any such levy. (3) For the purposes of this section the committee of direction constituted under the Fruit Marketing Organisation Act 1923, shall be deemed to be a board, and the power to make regulations under this Act with respect to levies by a board shall also extend to levies by the State Wheat Board and the committee of direction respectively. (3A) However, if it is proposed to establish any fund, as in subsection (2)(c), in the common interest of growers of any particular class of fruit, the regulations may provide that a poll may be requested by and a poll may be taken of growers of that particular class of fruit, and that if the establishment of such fund is approved (whether without a poll being requested or after a poll), the levy in that behalf shall be in respect of that particular class of fruit only. (3B) Nothing herein contained shall be construed to limit the powers of the committee of direction under any regulations in that behalf made under the lastmentioned Acts with respect to levies on fruitgrowers. (4) Where any legal proceedings have been or may be incurred by a board, whether in the Supreme Court or in the High Court, and being of such importance as directly or indirectly to be of common interest to growers and boards generally under this Act, it shall be lawful for any other board with the approval of the Governor in Council to make a contribution payment from the funds of such board in such amount as the board shall think reasonable for and towards the purpose of reimbursing the funds of the board which was party to such legal proceedings. (5) Such contribution payment so made shall be applied in and towards the sums of money adjudged to be paid by the board being party to the legal proceedings and in and towards the costs, charges, and expenses incurred by or payable by such board.

s 29B

58 Primary Producers' Organisation and Marketing Act 1926

s 30

(6) Any such contribution so made by the board concerned may notwithstanding anything in the principal Act or any other Act to the contrary be made-- (a) by a direct contribution payment by the board out of its funds to the board the party to the legal proceedings; or (b) in accordance with the provisions of subsections (1) and (2) aforesaid. Superannuation schemes 29B.(1) A board may-- (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. (2) The auditor-general may audit the schemes. (3) Subsection (2) is subject to the Financial Administration and Audit Act 1977, part 6.5 (4) It shall not be competent to a board, for the purpose of establishing or, joining in establishing or taking part in a scheme, to expend moneys derived from levies which are applicable only for the respective purposes for which the levies were imposed. Cane to be a commodity





30.(1) Sugar cane is hereby declared to be a commodity under and for the purposes of this Act. (2) For the sugar industry there shall be constituted-- (a) mill suppliers' committees;

5

Financial Administration and Audit Act 1977, part 6 (Audit of consolidated fund and public sector entities)

s 30

59 Primary Producers' Organisation and Marketing Act 1926

s 30

(b) district cane growers' executives; (c) the Queensland Cane Growers' Council. (3) The Queensland Cane Growers' Council is hereby declared to be a board under and for the purposes of this Act, constituted for the commodity sugar cane. (3A) Unless or until such board is empowered in that behalf by a regulation under this Act to undertake the functions of marketing the commodity, such board shall not be a marketing board. (4) A regulation may establish or dissolve a mill supplier's committee for a mill. (5) A mill supplier's committee must have the number of members, that is 10 or less, fixed under a regulation. (5B) The members must be elected in the way prescribed under a regulation by growers who supply sugar cane to the mill. (5C) A regulation may-- (a) establish a district cane growers's executive; or (b) dissolve an executive; or (c) amend an executive's constitution; or (d) amalgamate executives; or (e) fix-- (i) the mill suppliers that elect an executive; and (ii) the number of representatives to be elected by the suppliers; or (f) provide that a person elected as a member of the mill suppliers' committee for a prescribed mill is taken also to be a member of the district cane growers' executive for the mill.

(5D) A representative to a district cane growers's executive may only be elected by growers who supply the mill the representative supplies. (5E) Elections for district cane grower's executives must be conducted in a way prescribed under a regulation.

s 30

60 Primary Producers' Organisation and Marketing Act 1926

s 30

(5F) In addition to the elected members, the elected representatives on the district cane grower's executive for the mill are members of the committee by virtue of office. (6) In each case the candidate or a grower's appointee appointed by such grower for election to the mill suppliers' committee or the district cane growers' executive shall be a grower and a bona fide supplier to the mill in respect of which he or she is a candidate or a grower's appointee appointed by such grower. (7) The Queensland Cane Growers' Council shall consist of representatives of district cane growers' executives who shall be respectively a member or members of the district cane growers' executive in question appointed by it. (7A) The representatives must be persons elected in accordance with regulations made under subsection (8B). (7B) The said council may convene an annual sugar industry conference, the delegates to which conference shall comprise 1 representative for each sugar mill appointed by the mill suppliers' committees respectively. (7C) The annual sugar industry conference and the annual general meeting of growers may be held conjointly. (7D) Special conferences may be convened by the said council on matters of urgent business as the said council may deem desirable. (7E) The said council shall have such powers, authorities, jurisdiction, duties, and obligations as shall from time to time be vested in and imposed upon them by the Governor in Council by regulation. (7F) In the event of the Governor in Council proposing to confer upon the Queensland Cane Growers' Council the power to undertake the functions of marketing the commodity the provisions of section 9, so far as the same are applicable, shall be applied and be observed. (7G) The Queensland Cane Growers' Council shall be a body corporate, and shall by that name have perpetual succession and an official seal which shall be judicially noticed, and shall in that name be capable in law of suing and being sued, and notwithstanding any other provision of this Act shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property.

s 30

61 Primary Producers' Organisation and Marketing Act 1926

s 30

(8) Regulations made by the Governor in Council may-- (a) make all necessary provision for and regulate the conduct by post or otherwise of the election from time to time of members of district cane growers' executives and of mill suppliers' committees and for the taking of any vote of growers or suppliers of sugar cane under this Act and for regulating the meetings of the Queensland Cane Growers' Council, executives, and committees, and the conduct of business thereat and for the tenure of office of the members of each of them and for any other purpose relating to the business and proceedings of the same or any of them, including the qualifications and disqualifications of members and the qualifications of growers and suppliers of sugar cane; providing for the vacation of office of members of any such executive or committee who make default in carrying out their functions and the election or appointment of other members in their room; (b) prescribe the fees, allowances, and travelling expenses which may be paid to members of the Queensland Cane Growers' Council and of district cane growers' executives and of mill suppliers' committees and of representatives attending the annual sugar industry conference, the annual general meeting of growers and any special conferences convened by the council; (c) on the recommendation of the Queensland Cane Growers' Council, define the powers and functions of district cane growers' executives and mill suppliers' committees respectively or any of them; define the mutual relationships between the said council and the said executives and committees or any of them. (8A) Notwithstanding any other provision in this Act, the Governor in Council may by regulation-- (a) empower the Queensland Cane Growers' Council, any district cane growers' executive, or any mill suppliers' committee to make a general levy on growers of sugar cane for administrative purposes: in the case of the council, in respect of the whole industry, or in the case of an executive on growers of cane in their district, or in the case of a committee on suppliers of cane to the particular mill for which they are a mill suppliers' committee, but

s 30

62 Primary Producers' Organisation and Marketing Act 1926

s 30

no poll of growers shall be demandable or taken on the question of the making of any such general levy. Such general levy may be in such amount as will be sufficient to provide for the administrative purposes of the council, executive, or committee as the case may be. However, no district cane growers' executive or mill suppliers' committee shall be empowered to make any levy for administrative purposes unless or until the consent thereof of the Queensland Cane Growers' Council has been obtained. Also, any district cane growers' executive may, subject to the provisions of paragraph (d), make a general levy on any section of growers supplying cane to a mill within the district with respect to which such executive is constituted for administrative purposes. In addition, the sums raised by such levy shall be expended only in the interests of the section paying such levy; (b) empower-- (i) the Queensland Cane Growers' Council; (ii) any district cane growers' executive; (iii) any mill suppliers' committee; to make a particular levy on growers of sugar cane, in the case of the council in respect of the whole industry, or in the case of an executive on growers of cane in their district, or in the case of a committee on suppliers of cane to the particular mill for which they are a mill suppliers' committee; (ba) however, the sums raised by any particular levy shall be expended only in the interests of the industry generally or of the district or of the locality concerned, as the case may be; (bb) also, any district cane growers' executive may make a particular levy on any section of growers supplying cane to a mill within the district of such executive for any purpose affecting such section of growers; (bc) in addition, the sums raised by such levy shall be expended only in the interests of the section paying such levy; (bd) further, any mill suppliers' committee may make a particular levy on any section of growers supplying cane to a mill for which they

s 30

63 Primary Producers' Organisation and Marketing Act 1926

s 30

are a mill suppliers' committee for any purpose affecting such section of growers; (be) also, the sums raised by such levy shall be expended only in the interests of the section paying such levy; (bf) however, before any particular levy is made-- (i) by the Queensland Cane Growers' Council, at the request in writing of not less than 10% of the growers supplying cane to mills throughout the State, a poll of such growers shall be held as prescribed;

(ii) by a district cane growers' executive at the request in writing of not less than 20% (or such less per centum as is approved) of-- (A) all growers supplying cane to mills within the district concerned, in the case of the making of a particular levy on all growers of cane within the district; or (B) the section of growers concerned supplying cane to a mill in the district concerned, in the case of the making of a particular levy on that section; a poll shall be held as prescribed of all growers referred to in sub-subparagraph (A) or, as the case may be, the section of growers referred to in sub-subparagraph (B); (iii) by a mill suppliers' committee, at the request in writing of not less than 20% (or such less per centum as is approved) of-- (A) all suppliers of cane to the mill concerned, in the case of the making of a particular levy on all such suppliers; or (B) the section of growers concerned supplying cane to the mill concerned, in the case of the making of a particular levy on that section; a poll shall be held as prescribed of all suppliers referred to in sub-subparagraph (A) or, as the case may be, the section of growers referred to in sub-subparagraph (B);

s 30

64 Primary Producers' Organisation and Marketing Act 1926

s 30

and if upon such poll the majority of votes is against the making of the levy in question it shall not be made; and that regulations under this Act may prescribe the means whereby, including the funds wherefrom, the costs and expenses of such a poll may be defrayed; (bg) also, no district cane growers' executive or mill suppliers' committee shall be empowered to make any particular levy unless or until the consent thereto of the Queensland Cane Growers' Council has been obtained; (c) prescribe the basis or bases on which levies, whether general or particular, shall be made; (d) fix the amount of any such levy, whether on the same or different bases; (e) prescribe the methods of recovery or collection of any levies, whether general or particular, including the recovery or collection of any such levies from persons holding moneys to the credit of the persons liable to pay such levies; (f) impose fines not exceeding 20 penalty units for nonpayment of any such levies or moneys by growers or persons holding moneys to the credit of growers;

(g) facilitate the proof of any matters. (8B) The Governor in Council may make regulations for-- (a) the election of the representatives by the members of mill suppliers' committees for the mills whose suppliers are represented on the district cane growers' executive concerned; and (b) the number of representatives to be elected; and (c) the terms of office of the representatives; and (d) the vacation of office by the representatives; and (e) the filling of casual vacancies.

s 30A

65 Primary Producers' Organisation and Marketing Act 1926

s 30B



Definitions for section 30

30A. For the purposes of section 30 and regulations made pursuant to that section-- "grower" means a person who holds a cane production area under the Sugar Industry Act 1999 either alone or with others, but does not include-- (a) a person who is the owner of a mill; (b) a corporation that is a subsidiary of another corporation under section 46 of the Corporations Law 6 (a "subsidiary" ) and the other corporation owns a mill; (c) a subsidiary of a mill owner. "grower's appointee" means a person who is a member of a corporation that is a grower and who is appointed in writing by such corporation for the purpose of representing it in matters arising under this Act. "mill" see the Sugar Industry Act 1999, section 75.7 Queensland Cane Growers' Council may hold property as trustee



30B.(1) The Queensland Cane Growers' Council shall in its corporate name have power to purchase, sell, take on lease, lease, exchange and hold land as trustee for any district cane growers' executive or any mill suppliers' committee upon trust for all or any of the objects and purposes of such executive or, as the case may be, committee. (2) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property upon trust for all or any of the objects and purposes of a district cane growers' executive or mill suppliers' committee and that executive or committee ceases to exist then-- (a) where another executive or, as the case may be, committee is substituted for that executive or committee; or

6 7

Corporations Law, section 46 (What is a subsidiary) Sugar Industry Act 1999, section 75 (Meaning of "mill")

s 30C

66 Primary Producers' Organisation and Marketing Act 1926

s 30C

(b) where under section 30(5C)8 that executive is amalgamated with 1 or more other district cane growers' executives; the Queensland Cane Growers' Council shall hold that property upon trust for the same objects and purposes in relation to the substituted executive or committee or, as the case may be, the executive formed as a result of the amalgamation of 1 or more executives as referred to in paragraph (b). (3) Where pursuant to subsection (1) the Queensland Cane Growers' Council holds any property as trustee for a district cane growers' executive or a mill suppliers' committee and that executive or committee ceases to exist and no other executive or committee is substituted for that executive or committee and in the case of a district cane growers' executive, that executive is not amalgamated with 1 or more other district cane growers' executives, then the Queensland Cane Growers' Council shall hold the property on trust-- (a) in a case where the executive or committee has ceased to exist pursuant to the provisions of an Act--for such objects and purposes as are specified in that Act; (b) in a case where the Act referred to in paragraph (a) is silent as to the objects and purposes for which the property is to be held--for the objects and purposes specified in a document evidencing the trust, which are contingent upon the executive or, as the case may be, committee ceasing to exist. Producer representative bodies



30C.(1) A producer representative body shall represent the interests of the growers or producers of the commodity in respect of which the body concerned has been established and shall be called the `Queensland [name of growers or producers of the commodity] Organisation'. (2) The members of a producer representative body shall be the growers or producers of the commodity for the time being entitled to vote at any election of members of the State council of the producer representative body or of any subsidiary body of that council.

8

Section 30 (Cane to be a commodity)

s 30C

67 Primary Producers' Organisation and Marketing Act 1926

s 30C

(3) Subject to this Act, the objects of a producer representative body in relation to the commodity in respect of which it has been established shall be-- (a) to-- (i) organise growers and producers into a comprehensive body and give all growers and producers an opportunity to voice an opinion and participate in the making of decisions in all matters affecting their industry;

(ii) ensure that the views of growers and producers are adequately represented to all bodies the operations of which affect the production, marketing or consumption of the commodity; (iii) do everything possible to ensure for growers and producers a fair return having regard to the capital invested and the labour involved in their industry; (iv) make such financial contributions as it sees proper to a union of employers, and help and cooperate with that union in industrial matters relating to the commodity; (v) promote the commodity and to undertake research on subjects relating to the commodity; (vi) promote the adoption of improved production and marketing methods for the commodity; (vii) cooperate with the department and other bodies to improve the efficiency and welfare of the industry; (viii)affiliate with similar organisations in Queensland, in the States and Territories, and at the Commonwealth level; (ix) establish and maintain services of a commercial or non-commercial nature that are of benefit to a majority of growers or, as the case may be, producers; (x) establish reserve funds to promote the objects of the producer representative body; (xi) promote the financial welfare and stability of growers and producers, and improve and maintain their quality of life,

s 30D

68 Primary Producers' Organisation and Marketing Act 1926

s 30D

education, medical services and communications to a standard at least comparable to that existing in other sections of the community involved in similar industries; (xii) foster and protect the interests of growers and producers; (b) such other objects, necessary or expedient for the administration of this Act, as shall be approved or prescribed. (4) A regulation may-- (a) establish a producer representative body; and (b) state conditions for the body's establishment.
Example of conditions under subsection (4)(b)-- A regulation may provide that a producer representative body may only be established if-- (a) (b) (c) (d) a stated number of growers of the commodity for a proposed board request a poll about the establishment of the body; and the poll is taken; and the prescribed majority of the commodity's growers vote in the poll; and the prescribed majority of valid votes are cast in favour of the body's establishment.



State councils

30D.(1) A regulation may make provision for the constitution of a State council of the producer representative body mentioned in the regulation. (2) A State council-- (a) shall be capable of exercising all of the powers, authorities, duties and functions of a board (other than those powers, authorities, duties and functions that specifically relate to a marketing board) in accordance with this Act; and (b) may carry on business under a business name pursuant to section 11(3C).

s 30E

69 Primary Producers' Organisation and Marketing Act 1926

s 30E



Subsidiary bodies

30E.(1) A regulation may make provision for the constitution of local branches and district councils, or similar bodies, and for each of those bodies to be a subsidiary body of the State council of the producer representative body mentioned in the regulation. (2) A subsidiary body-- (a) may exercise such of the powers of the producer representative body under or pursuant to this Act as may be specified by the Governor in Council, subject to such terms and conditions as may be specified in that or a subsequent regulation; and (b) shall present an annual report, including audited financial statements where applicable, to the producer representative body in such form and at such time as the producer representative body may determine; and (c) shall, where the body has control of any funds, be audited by the auditor-general or an officer authorised by the auditor-general, who shall for those purposes have, and may exercise, all the powers conferred on the auditor-general under the Financial Administration and Audit Act 1977. (2A) However, the Governor in Council may, on the recommendation of the Minister following consultation with the auditor-general, by regulation exempt any subsidiary body or subsidiary bodies from such audit by the auditor-general and direct that an audit be conducted by a person who is a registered company auditor under the Corporations Law and such regulation shall take effect according to its tenor. (3) For the purposes of this Act-- (a) each mill suppliers' committee and each district cane growers' executive shall be deemed to be a subsidiary body of the Queensland Cane Growers' Council; (b) each local dairyfarmers' branch and each district dairyfarmers' council shall be deemed to be a subsidiary body of the Queensland Dairyfarmers' State Council;

s 30F

70 Primary Producers' Organisation and Marketing Act 1926

s 30F

(c) each local pork producers' branch and each district pork producers' council shall be deemed to be a subsidiary body of the Queensland Pork Producers' State Council; (d) each commercial fishermen's local branch shall be deemed to be a subsidiary body of the Queensland Commercial Fishermen's State Council. (4) The declaration of a commodity and the constitution of a marketing board pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a board that is to be a producer representative body pursuant to this Act. (5) The declaration of a commodity and the constitution of a board that is to be a producer representative body pursuant to this Act shall not preclude a further declaration of that commodity and the constitution of a marketing board pursuant to this Act. Queensland Commercial Fishermen's Organisation and State Council



30F.(1) The Queensland Commercial Fishermen's Organization constituted under the Fishing Industry Organization and Marketing Act 1982 ("the corporation" ) is hereby preserved, continued in existence and constituted under this Act as a body unincorporate under the name `Queensland Commercial Fishermen's Organisation'. (2) The Queensland Commercial Fishermen's Organisation shall consist of-- (a) the representatives of commercial fishermen's local branches referred to in subsection (5); and (b) those person who are qualified to be members of a commercial fishermen's local branch. (3) Queensland Commercial Fishermen's State Council by that name shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued, of compounding and proving in any court of competent jurisdiction all debts and sums of money due to it and of acquiring, holding, devising and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do or suffer.

s 30F

71 Primary Producers' Organisation and Marketing Act 1926

s 30F

(3A) All courts and person acting judicially shall take judicial notice of the common seal and until the contrary is proved shall presume that it was duly affixed to any document on which it appears. (4) The Queensland Commercial Fishermen's State Council may acquire and hold land as trustee for any commercial fishermen's local branch. (5) The Queensland Commercial Fishermen's State Council shall consist of the number of representatives that each commercial fishermen's local branch is entitled to appoint, in the manner prescribed, to the State council. (6) There shall be constituted in respect of every area within the State that is prescribed for the purposes of this subsection a commercial fishermen's local branch consisting of those fishermen who have the qualifications prescribed. (7) A commercial fishermen's district council may be constituted in respect of every district within the State that is prescribed for the purposes of this subsection. (8) A district council, where constituted, shall consist of the number of representatives that are prescribed from commercial fishermen's local branches within the district of the council appointed by each such branch in the manner prescribed. (9) A regulation may be made with respect to all such matters and thing as are necessary or convenient for the administration of this section and without limiting the generality of that power with respect to-- (a) the constitution and functions of commercial fishermen's district councils (where constituted) and commercial fishermen's local branches; and (b) defining districts in respect of commercial fishermen's district councils (where constituted) and areas in respect of commercial fishermen's local branches; and (c) meetings and the conduct of business at meetings of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils (where constituted) and commercial fishermen's local branches; and (d) nomination, election, appointment, qualifications, disqualifications, tenure of office, vacation of office, filling of

s 30F

72 Primary Producers' Organisation and Marketing Act 1926

s 30F

casual vacancies, as the case may be, in respect of members of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils (where constituted) and commercial fishermen's local branches. (10) The Queensland Commercial Fishermen's State Council, with the approval of the Minister, from time to time may-- (a) approve the fees, expenses and allowances that may be paid to members of the Queensland Commercial Fishermen's State Council, commercial fishermen's district councils (where constituted) and commercial fishermen's local branches; and (b) make a general levy on members of commercial fishermen's local branches for the purpose of carrying out the functions of Queensland Commercial Fishermen's State Council, commercial fishermen's district councils (where constituted) and commercial fishermen's local branches. (11) On and from the commencement of this section-- (a) all real and personal property, and every right, title, estate or interest therein and all management and control of any matter or thing that immediately before that commencement was vested in or belonged to the corporation shall, without any transfer, assignment or conveyance or notice other than this subsection, vest in and belong to the Queensland Commercial Fishermen's State Council; (b) all suits, actions and proceedings and all causes of action pending or existing immediately before that commencement by or against the corporation may be carried on and prosecuted by or against the Queensland Commercial Fishermen's State Council, and no such suit, action or proceedings shall abate or be prejudicially affected by that commencement; (c) all contracts, agreements and undertakings entered into with, and all securities lawfully given to or by, the corporation shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to or by, the Queensland Commercial Fishermen's State Council;

s 31

73 Primary Producers' Organisation and Marketing Act 1926

s 31

(d) all persons employed by the corporation shall continue to be employed by the Queensland Commercial Fishermen's State Council on the same terms and conditions as to salary and otherwise as applied to those persons immediately before that commencement and for all purposes those persons shall be deemed to have been always employed by the State council; (e) the provident scheme or arrangement that secures benefits for persons referred to in paragraph (d) and which immediately before that commencement was being participated in by the corporation shall be deemed to be a scheme or arrangement established by the Queensland Commercial Fishermen's State Council under section 29B. (12) The registrar of titles or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land on receiving notice thereof shall, upon the written request of the Queensland Commercial Fishermen's State Council, register the Queensland Commercial Fishermen's State Council for or with respect to any right, title, estate or interest in land that vests in it pursuant to subsection (11), and for that purpose may make every entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as shall to him or her appear necessary and proper. (13) A prescribed instrument made under subsection (10)(b) is subordinate legislation.



PART 7--GENERAL



Recovery of penalties

31.(1) All offences against this Act except any offence declared by this Act to be a misdemeanour may be prosecuted and punished by complaint under the Justices Act 1886.

s 31A

74 Primary Producers' Organisation and Marketing Act 1926

s 31A

(2) In any such complaint-- (a) several offences may be charged, whether of the same or of different kinds; (b) several persons may be joined as defendants, whether in respect of the same or of different offences, and whether those offences are committed by the same or by different persons; and in such case separate decisions may be given in respect of each defendant so joined. (2A) However, in any such case the adjudicating court may give such directions as it thinks fit for the separate hearing of any charge against any defendant. (3) Any person who commits any offence against this Act for which no other penalty or punishment is expressly provided, shall be liable to a penalty not exceeding 40 penalty units. (4) If any person committing an offence against this Act is a company, the individual person guilty of the offence, and also the managing director or other manager in Queensland of the company, shall each of them be liable to the like punishment. (5) If 2 or more persons are responsible for the same offence, each of those persons shall be guilty of the offence and the liability of each of them shall be independent of the liability of the others. Undue influence and like offences 31A. Any person who-- (a) uses or threatens to use any force or restraint, or does or threatens to do any temporal or spiritual injury, or directly or indirectly causes or threatens to cause any detriment of any kind, to an elector or to any person entitled to vote at an election or poll held under or in pursuance of this Act or under the Fruit Marketing Organisation Act 1923, or under the Grain Industry (Restructuring) Act 1991, in order to induce such elector or person to vote or refrain from voting or to vote in any particular manner at any such election or poll or on account of the elector or



s 32

75 Primary Producers' Organisation and Marketing Act 1926

s 32

person having voted or refrained from voting or having voted in any particular manner at any such election or poll; or (b) by force or fraud prevents or obstructs the free exercise of the vote by any such elector or person, or by any such means compels or induces any such elector or person to vote or refrain from voting or to vote in any particular manner at such an election or poll; is guilty of a misdemeanour, and is liable on conviction on indictment to 1 year's imprisonment or, in the discretion of the court, to a fine of 20 penalty units. Evidence 32. In any proceedings for any offence against this Act-- (a) any notification, requisition, direction, demand, order, or other document in writing, purporting to be signed or made or sent by a board or the chairperson or secretary thereof, shall be judicially noticed; (b) the production of a copy of the gazette purporting to contain any notification, direction, or order made by a board shall be conclusive evidence of the matters contained therein, and that all steps necessary to be taken prior to the making of such notification, direction, or order have been duly taken; (c) the averment on behalf of the board in any complaint that anything was or is a commodity to which the provisions of this Act are applicable, or was or is such a commodity mentioned or included in any notification, direction, or order, or that any place is a place in Queensland, or that any person is a grower of such a commodity, or is an authorised agent, shall be sufficient evidence of that fact; (d) any document or anything purporting to be a copy of or extract from any document containing any reference to any matter or thing alleged to be done in contravention of this Act shall, upon proof that it was produced by or came from the custody of a person charged with the offence, or a responsible officer or a



s 34

76 Primary Producers' Organisation and Marketing Act 1926

s 34A

representative of that person, be admissible in evidence against that person and evidence of the matters and things thereby appearing and that the document (or, in the case of a copy, that the original thereof) was written, signed, despatched, and received by the persons by whom it purports to have been written, signed, despatched, and received, and that any such copy or extract is a true copy of or extract from the original of or from which it purports to be a copy or extract. Annual report of board



34.(1) A board shall prepare an annual report in accordance with the Financial Administration and Audit Act 1977, section 46J. (2) The board shall promptly arrange for a copy of the report referred to in subsection (1) to be sent to the last known address of each grower of the commodity who during either of the last 2 concluded financial years-- (a) has delivered the commodity to the board; or (b) has been issued with a permit of exemption from delivery to the board pursuant to section 15(4) in relation to the commodity which, but for such permit, would have been required to be delivered to the board. (3) Any person, other than the growers who have been sent a copy pursuant to subsection (2), may obtain from the board a copy of the report referred to in subsection (1) upon payment of such charge (if any) fixed by the board which charge shall be reasonable and based on the cost of producing and providing the copy. (3A) The board shall ensure that a sufficient number of copies of the report is available for the purposes of this subsection. (4) The annual report shall include a report on the operations of each affiliated body of the board. Annual general meeting of growers



34A.(1) Within 60 days of the distribution of the annual report referred to in section 34, or within such further period of time as the Minister may

s 34C

77 Primary Producers' Organisation and Marketing Act 1926

s 36

allow, the board shall conduct a meeting of growers of the commodity ("the annual general meeting"). (2) The board shall cause to be published in a newspaper or newspapers circulating within the operational area or areas of the board a notice which sets forth details of the time, place and agenda of the annual general meeting. (3) This section shall not operate to prevent the board from arranging to hold annual general meetings of growers in more than 1 location within the operational area of the board. (4) Schedule 2, part 2 shall apply in respect of the annual general meeting. Application of Act to affiliated body



34C.(1) Notwithstanding the provisions of any other Act, but subject to subsection (2), the provisions of sections 13(1)(d), 29B, 34 and 34A shall apply to an affiliated body as if it were a board. (2) The audit of the annual statement of accounts of an affiliated body shall be carried out by the auditor-general only as often as the auditor-general considers necessary. Application of Act to the committee of direction of fruit marketing



34E. The provisions of sections 13B and 13C shall apply to the committee of direction of fruit marketing as if it were a board.



PART 8--WINDING­UP ARRANGEMENTS



Board may be wound up

36. Subject to this Act, a board may be wound up by the Supreme Court on any 1 of the following grounds--

s 37

78 Primary Producers' Organisation and Marketing Act 1926

s 37

(a) growers have voted to wind-up the board under section 37 and the board has not been dissolved under section 40(10) or (11); (b) the board had ended and it has not been reconstituted, extended or amalgamated with another board; (c) if the Governor in Council has so directed upon the recommendation of the Minister following consideration of a report by an inspector appointed pursuant to section 38 and consideration of a poll of growers conducted at the direction of the Minister in respect of any of the matters referred to in section 38(1)(c) or 38(1)(e) and in accordance with procedures provided in section 37(3) and (4). Initiation of winding-up by growers



37.(1) The Governor in Council may by gazette notice seek a petition for a poll on whether a board should be wound up under section 40.9 (2) If such a petition is received, within 30 days from the date of publication of the gazette notice, that requests such a poll and is signed-- (a) in the case of a marketing board, by 30% of the growers in the board's area of operation who have delivered a prescribed quantity of the commodity to the board during a prescribed period; or (b) in the case of a producer representative body, by 30% of the growers of the commodity; the Minister may direct a poll on that question. (3) In the event of a poll being directed-- (a) all growers of the commodity as prescribed for the purposes of this subsection; or (b) if the term growers is not so prescribed, all growers of the commodity in the board's area of operation; shall be entitled to vote.

9

Section 40 (Vesting of property and assumption of liabilities)

s 38

79 Primary Producers' Organisation and Marketing Act 1926

s 38

(4) A poll referred to in subsection (2) shall be conducted by the department. (5) If-- (a) not less than 50% of growers entitled to vote in the poll duly exercise their right to vote; and (b) not less than 60% of valid votes cast are in favour of the winding-up of the board; the board shall be wound up in accordance with this Act. Appointment of inspector



38.(1) The Minister may, by instrument in writing, appoint any person to be an inspector to investigate the affairs of a board, or any particular affairs of the board as may be specified in the instrument of appointment, if-- (a) requested to do so by any creditor or creditors of the board; or (b) the trustees of a debenture trust document have sought the appointment of a receiver pursuant to the terms of a debenture trust deed; or (c) the board recommends to the Minister that the board be placed into voluntary liquidation; or (d) the board is a marketing board and has not received or marketed any of the commodity either directly or by means of an appointed agent for a period of 3 years; or (e) it appears to the Minister that it is in the public interest that an investigation be carried out into the affairs of a board or of any particular affairs of that board. (2) An inspector appointed pursuant to subsection (1) shall report to the Minister at such time and in such manner as the Minister may determine.

s 39

80 Primary Producers' Organisation and Marketing Act 1926

s 40



Powers of inspector

39. The provisions of the Australian Securities Commission Act 1989 (Cwlth), part 310 shall be deemed to apply in respect of an investigation of a board by an inspector appointed pursuant to section 38 as if-- (a) the board were a corporation; and (b) the inspector is the Australian Securities Commission subject to any modifications or additions thereto as are deemed necessary by the Governor in Council by regulation in respect of the circumstances of the board concerned. Vesting of property and assumption of liabilities 40.(1) For the purposes of this section and section 42-- "association" means a cooperative registered or proposed to be registered under the Cooperatives Act 1997 that is, in the opinion of the Governor in Council, representative of the growers of the commodity for which the particular board is constituted. (2) Where-- (a) it is proposed by the Minister that a board be wound up in accordance with this Act; or (b) growers have so voted in accordance with section 37; the Governor in Council may by gazette notice appoint a day (the "appointed day" ) on and from which-- (c) the property and assets of the board shall be divested from the board and shall be vested in an association specified in the gazette notice; and (d) the liabilities and obligations of the board shall cease to be liabilities and obligations of the board and shall be liabilities and obligations of the association specified in the gazette notice.



10

Australian Securities Commission Act 1989 (Cwlth), part 3 (Investigations and information-gathering)

s 40

81 Primary Producers' Organisation and Marketing Act 1926

s 40

(3) All moneys that, immediately before the appointed day, are standing at credit in a fund or account administered by the board together with interest accrued and due thereon shall, on and from the appointed day, belong to and be vested in the association specified in the gazette notice. (4) All moneys and liquidated or unliquidated claims that immediately before the appointed day are payable to or recoverable by the board shall on and from the appointed day be payable to and be recoverable by the association as its property and the association may pursue such remedies to recover those moneys and claims as might have been pursued by the board. (5) All property of the board shall on and from the appointed day be divested from the board and be vested in the association. (6) On and from the appointed day-- (a) all contracts and agreements entered into by or on behalf of the board; and (b) all guarantees, undertakings and securities given by or on behalf of the board; and in force immediately before the appointed day shall be deemed to have been entered into or, as the case may be, given by or to the association and may be enforced against or by the association accordingly. (7) All actions, suits and proceedings pending immediately before the appointed day at the suit of the board may, on and from the appointed day, be continued or discontinued by the association, which shall be substituted as a party thereto in place of the board. (8) All debts due and owing and moneys payable by and liquidated or unliquidated claims recoverable against the board and subsisting immediately before the appointed day shall, on and from the appointed day, become and be debts due and owing or moneys payable by or, as the case may be, claims recoverable against the association. (9) An association specified in a gazette notice under subsection (2) may conduct a special general meeting of members of the association to consider any changes to the registered rules and objects of the association that may be appropriate following the operation of the provisions of this section.

s 41

82 Primary Producers' Organisation and Marketing Act 1926

s 42

(10) The board is dissolved on the appointed day if-- (a) the appointed day is after this subsection commences; and (b) no order has been made to wind-up the board before the appointed day. (11) A regulation may fix a date for the board to be dissolved (the "dissolution date" ) if-- (a) the appointed day is before subsection (10) commences; and (b) no order is made to wind-up the board before the appointed day. (12) The board is dissolved on the dissolution date. Administrator may be appointed



41.(1) The Governor in Council may upon the recommendation of the Minister appoint a person to be an administrator of the operation of the provisions of section 40. (2) The provisions of the Corporations Law, chapter 5, part 5.6, division 311 shall be deemed to apply to and in respect of an administrator appointed pursuant to subsection (1), subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by regulation in respect of the circumstances of the board concerned. (3) An administrator appointed pursuant to subsection (1) shall be paid such remuneration from the funds of the board or association concerned as is determined by the Governor in Council. Duty to facilitate transfer of property etc.



42.(1) From the publication of a gazette notice under section 40 to the appointed day the board to which the order refers and all persons connected with the operations of that board shall do all acts and things necessary or desirable to facilitate-- (a) the transfer to the association of the property and liabilities provided for by this Act; and
11

Corporations Law, chapter 5, part 5.6, division 3 (Liquidators)

s 43

83 Primary Producers' Organisation and Marketing Act 1926

s 43

(b) the delivery to the association or its nominee on the appointed day of-- (i) all contracts, agreements, guarantees, undertakings and securities entered into by or given by or to the board; and

(ii) all documents, writings and other records pertaining to the operations of the board. (2) The registrar of titles and all other persons charged with keeping registers with respect to dealings with property shall, upon request made by or on behalf of the association, make in the registers all endorsements necessary to record the transfer of property to the association under section 40. (3) Notwithstanding any enactment to the contrary, a request made for the purpose of subsection (2) shall not be liable to stamp duty and no fees or charges shall be payable in respect thereof. Procedure for winding-up a board



43.(1) If the Minister is satisfied that 1 of the grounds exists under the provisions of section 36 for the winding-up of a board, the chief executive on the direction of the Minister may make application to the Supreme Court for the board to be wound up. (2) For the purposes of the winding-up the Supreme Court may appoint a liquidator or provisional liquidator. (3) The provisions of the Corporations Law, chapter 5, parts 5.4 to 5.7B12 shall be deemed to apply to and in respect of such winding-up as if-- (a) the board concerned were a company; and

12

Corporations Law, part 5.4 (Winding-up in insolvency), part 5.4A (Winding-up by the court on other grounds), part 5.4B (Winding-up in insolvency or by the court division), part 5.5 (Voluntary winding-up), part 5.6 (Winding-up generally), part 5.7 (Winding-up of bodies other than companies), part 5.7A (Reciprocity with other jurisdictions) and part 5.7B (Recovering property or compensation for the benefit of creditors of insolvent company)

s 44

84 Primary Producers' Organisation and Marketing Act 1926

s 45

(b) the liquidator or provisional liquidator appointed by the court under this section were a liquidator or, as the case may be, provisional liquidator appointed under the provisions of that part; subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by regulation in respect of the circumstances of the board concerned. Arrangements and reconstructions



44. Where a compromise or arrangement is proposed between a board and its creditors or any class of them, the provisions of the Corporations Law, chapter 5, part 5.113 shall be deemed to apply to and in respect of that compromise or, as the case may be, arrangement as if the board were a company, subject to such modifications or additions thereto as are deemed necessary by the Governor in Council by regulation in respect of the circumstances of the board concerned. Exercise of board's functions etc.



45.(1) Where a compromise or arrangement referred to in section 44 has been granted the approval of the court, then subject to the provisions of that compromise or arrangement-- (a) the person or persons appointed to administer the compromise or arrangement shall have and may exercise and perform the powers, duties and functions conferred or imposed on the board by or under this Act or any other Act to which the board is subject; and (b) those powers, duties and functions may be exercised or performed to the exclusion of the board. (2) Subject to section 26, any act, matter or thing done or omitted to be done in the exercise or performance of the powers, duties and functions referred to in subsection (1) by the person or persons so appointed, shall have the same effect and the same consequences as if it were done by the board without the compromise or arrangement being in force.
13

Corporations Law, part 5.1 (Arrangements and reconstructions)

s 46

85 Primary Producers' Organisation and Marketing Act 1926

s 47



Application of moneys remaining after winding-up 46.(1) This section applies-- (a) if property of a board remains after it has been wound up ("the property"); and (b) despite the Corporations Law, section 576.14 (2) The property must be-- (a) held on trust by trustees fixed under subsection (2); and (b) if the property or part of it is money--paid to an industry trust fund (a "trust fund"); and (c) disposed of in a way approved by the Governor in Council.

(2) A trust fund must be administered by not less than 3 persons nor more than 7 persons appointed by the Governor in Council by regulation of which persons at least one-half shall be growers of the commodity for which the board concerned was constituted. (3) The auditor-general must audit each trust fund and may exercise any or all of the powers conferred on the auditor-general by the Financial Administration and Audit Act 1977. (4) A trust fund must be disbursed within 5 years of the day on which the fund was established unless the Minister, after consultation with the persons appointed to administer the fund, determines that the fund may continue for a further specified period. Regulations and rules



47.(1) Without limiting the generality of section 33, the Governor in Council may, from time to time, make regulations under this Act to make provision for all matters required or permitted to be prescribed or which the Governor in Council considers convenient to be prescribed to facilitate the operation of sections 36 to 46.

14

Corporations Law, section 576 (Outstanding property of defunct company to vest in Commission)

s 48

86 Primary Producers' Organisation and Marketing Act 1926

s 48

(2) Rules of court may be made under the Supreme Court Act 1995 for the purposes of sections 39, 41, 43 and 44. (3) The Corporations (Queensland) Rules 1993 apply for the purposes of those sections, subject to any modifications thereof or additions thereto as are deemed necessary by the Governor in Council by regulation in respect of any particular board or boards. Particular modifications



48. Without limiting the generality of sections 39, 41, 43, 44 and 47, the power of the Governor in Council to make modifications to the provisions of the Corporations Law, the Corporations Regulations , chapter 5, part 5.1 and schedule 815 and any rules of court made under the Supreme Court Act 1995 shall include the specific power to include in any such modifications provisions deeming that a reference-- (a) a company shall be read as a reference to a board; and (b) a director of a company shall be read as a reference to a member of a board; and (c) the principal office of a company shall be read as a reference to the principal place of business of a board; and (d) the liquidator shall be read as a reference to the administrator appointed pursuant to section 41; and (e) the commission shall be read as a reference to the Minister.

15

Corporations Regulations, chapter 5, part 5.1 (Arrangements and reconstructions), schedule 8 (External administration schemes of arrangement under part 5.1 of the Corporations Law)

s 49

87 Primary Producers' Organisation and Marketing Act 1926

s 51



PART 9--MISCELLANEOUS



Conditions of approval 49. Any approval given pursuant to this Act-- (a) may be general or specific; and (b) may be subject to terms and conditions; and (c) may be given for a period of time or without limit of time; and (d) may be revoked, altered or amended at any time. Guidelines etc. may be issued



50.(1) The Minister may after consultation with the board or boards concerned issue guidelines, directions or instructions, in writing, to all or any 1 or more of the boards in respect of the exercise of any of the powers contained in sections 13, 14, 14F, 15, 18, 18A, 18B, 18C, 29 and 29B. (2) A board shall comply with all guidelines, directions or instructions that have been issued to that board. (3) The director of marketing shall report to the Minister, in writing, any failure by a board to comply with any guidelines, directions or instructions that have been issued to that 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 or boards concerned. Approved rules or articles



51.(1) Notwithstanding any other provision of this Act, the Minister may after consultation with the body concerned make, or approve the making of, rules or articles in respect of any matter that is permitted to be prescribed by or under this Act in respect of-- (a) a marketing board; or

s 52

88 Primary Producers' Organisation and Marketing Act 1926

s 53

(b) a producer representative body; or (c) a subsidiary body of a producer representative body. (2) A rule or article as made in accordance with subsection (1)-- (a) shall apply in respect of the particular body or bodies described therein and shall be binding on, and shall be observed by, that body or bodies, as the case may be; (b) may operate for a period of time (as may be specified therein) or without limit of time; (c) may, if made by the Minister, be revoked, altered or amended by the Minister at any time, or, if made with the approval of the Minister, be revoked altered or amended with the further approval of the Minister. (3) Any action carried out in accordance with any rule or article made pursuant to subsection (1) shall be deemed to be a valid exercise of power under this Act. (4) The director of marketing shall cause a register to be maintained of rules and articles made pursuant to subsection (1) and shall make that register available for perusal by any person on payment of such fee as is approved. Returning officer may be appointed



52. 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. Application of Act to certain other bodies



53. Notwithstanding any other provision of this Act, the provisions of sections 36 to 48 shall apply to the Queensland Commercial Fishermen's Organisation as if it were a board.

s 54

89 Primary Producers' Organisation and Marketing Act 1926

s 56



Review of Act 54.(1) The Minister shall carry out a review of the operation of this Act-- (a) not later than 10 years after the date of commencement of the Primary Producers' Organisation and Marketing Act Amendment Act 1987, section 1; 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-- (a) the effectiveness of the operations of this Act and of each board constituted and operating under this Act; and (b) the need for continuation, in the then present form, of each board constituted and operating under this Act; and (c) such other matters as appear to the Minister to be relevant to the operation and effectiveness of this Act. (3) The Minister shall prepare a report based on the Minister's review of the Act and shall, as soon as practicable after that report is prepared, cause the report to be laid before Parliament. Approval of forms 55. The chief executive may approve forms for use under this Act. Regulation-making power 56.(1)The Governor in Council may make regulations under this Act. (2) A regulation may be made for or about the following matters-- (a) generally-- (i) making all necessary provision for and regulating the conduct by post or otherwise of the election by the ward system or otherwise from time to time of members of a board, producer representative body or subsidiary body, and for the taking of any poll of growers or primary producers





s 56

90 Primary Producers' Organisation and Marketing Act 1926

s 56

under this Act; compilation and revision of rolls of growers or primary producers entitled to vote at elections or polls; method of determining the qualification of voters; settlement of disputed elections or questions arising out of or in connection with any election or poll; the tenure of office of members; the filling of casual vacancies therein arising from death, retirement, or resignation; the appointment of a deputy to act for any member in the event of illness, absence, or for other cause; (ii) prescribing that any ballot-paper in respect of the conduct of an election or poll under this Act may be verified by any approved form of declaration; imposing any prescribed penalty not exceeding 20 penalty units upon any person who makes any such declaration which is to the person's knowledge false in any material particular, and (if any attestation of such declaration is prescribed) imposing any prescribed penalty not exceeding 20 penalty units upon any person who attests any such declaration which is, to the person's knowledge, false in any material particular; (iii) if necessary, defining the persons or classes of persons who shall be deemed to be growers concerned for the purposes of any petition or poll under this Act, the number of growers, as the case may be, concerned; the preparation of a roll or list of such growers and making such roll or list conclusive evidence of the title to vote at any such poll; procedure in connection with the taking of any such poll; (iv) the certificates and other forms which may be used under this Act; (v) forms of returns and of statistics (whether in respect of any commodity being the subject of a regulation under this Act or not), or in respect of such other matter or thing as may be prescribed to be made and furnished to the council or any board or to the Minister and the contents thereof, and the persons (whether primary producers or not) by whom the same shall be made, and the time and mode of making and furnishing the same;

s 56

91 Primary Producers' Organisation and Marketing Act 1926

s 56

(vi) prescribing that records of an expired board shall be held or disposed of as the Minister may direct; (vii) the number of members or office holders of a board, producer representative body or subsidiary body; (b) the powers and functions of subsidiary bodies; (c) the relationship between a State council and its subsidiary bodies; (d) the fees, allowances and expenses that may be paid to a member, officer or representative of a board, producer representative body or subsidiary body; (e) the business, meetings and procedures of a board, producer representative body or subsidiary body; (f) with respect to boards-- (i) the business, proceedings, and meetings of the board; the quorum at meetings; the signing of documents;

(ii) authorising the board in every sale or agreement for sale of the commodity by the board to any person to insert conditions and to fix a sum as and by way of liquidated damages for any breach of condition, which damages shall be recoverable accordingly; (iii) ascertaining whether the commodity is of the required quality and prescribing a standard therefor, and for an increase or decrease in the price otherwise payable to any grower for any of the commodity delivered by the grower to the board according to the quality or standard of the commodity; and regulating the storage, package, marketing, branding, grading, carriage, exporting, and delivery of the commodity; (iv) prescribing periods of time in respect of which the computation of or accounting for the net proceeds of the commodity may be made; (v) issuing licences by a board with the approval of the Minister to wholesale dealers to trade in a commodity, which licence

s 56

92 Primary Producers' Organisation and Marketing Act 1926

s 56

may, on the recommendation of the board, be withheld in any case without assigning any reason therefor; (vi) issuing licences by a board with the approval of the Minister to manufacturers to manufacture a commodity, which licence may, on the recommendation of the board, be withheld in any case without assigning any reason therefor; (g) empowering a board, producer representative body or subsidiary body to make a general levy on growers of the commodity for administrative purposes, but no poll of growers shall be requested or taken on the question of the making of such general levy; (h) requiring and empowering a board, producer representative body or subsidiary body to make a particular levy on growers of the commodity for which it is a board, producer representative body or subsidiary body to meet any obligation of the board, producer representative body or subsidiary body to Her Majesty the Queen, or any obligation in respect of which Her Majesty may then be or may at any time thereafter become directly or indirectly liable on account of the board, producer representative body or subsidiary body, and fixing the amount of such levy, but no poll of growers shall be requested or taken on the question of the making of such particular levy; (i) requiring and empowering a board, producer representative body or subsidiary body that has made a particular levy on growers of the commodity for which it is a board, producer representative body or subsidiary body to pay the proceeds from such levy to a cooperative registered under the Cooperatives Act 1997, on such terms, provisions, and conditions as may be prescribed; requiring and empowering a board, producer representative body or subsidiary body to deduct from gross realisations for the commodity any levy or toll that is made or imposed on the commodity by any statutory body pursuant to the provisions of the legislation constituting that statutory body, and to remit the total proceeds of that deduction to the statutory body concerned;

(j)

(k) empowering a board, producer representative body or subsidiary body to use for all or any of the purposes of the board, producer

s 56

93 Primary Producers' Organisation and Marketing Act 1926

s 56

representative body or subsidiary body the proceeds of any levy or levies theretofore made; (l) empowering a board, producer representative body or subsidiary body to make particular levies on growers or on a particular class or particular classes of growers of the commodity in particular industries or sections of industries or any particular districts or localities, and fixing the amount of such levies, whether on the same or on different bases, in respect to the different industries, operations, districts, or localities;

(m) providing, if deemed necessary, for the expenditure of the sums raised by any particular levies only in the interests of the particular industry or section of industry or district or locality upon the growers in which such levies were made; (n) fix the amount of a levy by a board, producer representative body or subsidiary body; (o) provide that a particular levy may only be made by a board, producer representative body or subsidiary body in stated circumstances;
Examples of regulations under paragraph (la)-- 1. A regulation may provide that a board, producer representative body or subsidiary body may only make a particular levy on the growers in an industry if-- (a) (b) (c) 2. a stated number of the growers request a poll of the growers; and the poll is taken; and a majority of the growers voting in the poll approve the making of the levy.

A regulation may provide that a stated subsidiary body may only make a particular levy with the consent of its State council.

(p) require a person or body who requested a poll under this Act to pay its costs; (q) prescribing the basis or bases on which levies, whether general or particular, shall be made; (r) prescribing the class of growers for whose benefit any levy whether general or particular should be made;

s 56A

94 Primary Producers' Organisation and Marketing Act 1926

s 57

(s) prescribing conditions upon which growers may be entitled to participate in the benefit of any levy for the purpose of effecting or providing insurance; (t) providing methods of recovery or collection of any levies, whether general or particular, including the recovery or collection of any such levies from persons holding moneys to the credit of the growers liable to pay such levies;

(u) imposing fines not exceeding 20 penalty units for nonpayment of any such levies or moneys by growers or persons holding moneys to the credit of growers. (3) A regulation may fix a penalty, not exceeding in any case 20 penalty units, for any breach thereof. No further levies after date of assent for Primary Industry Bodies Reform Act 1999


56A.(1) A levy must not be fixed, imposed or made under this Act after the date of assent for the Primary Industry Bodies Reform Act 1999. (2) This section applies despite another provision of this Act. Expiry of Act



56B. This Act expires 1 month after the date of assent for the Primary Industry Bodies Reform Act 1999.



PART 10--TRANSITIONAL



Transitional provision for Act No. 59 of 1996 57. Despite the repeal of section 30(9) by the Primary Industries

s 58

95 Primary Producers' Organisation and Marketing Act 1926

s 58

Legislation Amendment Act (No. 2) 1996 , section 6916 the Queensland Dairyfarmers' Organisation and the Queensland Pork Producers' Organisation continue to exist. Transitional provision for Fisheries Act 1994



58.(1) To remove any doubt, from the commencement of the expired section 23317 of the Fisheries Act 1994, a reference in the Queensland Commercial Fishermen's Organisation Regulation 1989 to-- (a) a Master Fisherman's Licence, or a Master Fisherman's Licence issued under the former Act, is taken to be a reference to-- (i) a master fisherman's licence issued under the former Act18 continued in force as an authority or renewed under the Fisheries Act 1994;19 or

(ii) a commercial fisher licence issued under the Fisheries Act 1994;20 or (b) a Queensland Commercial Fishing Vessel Licence, or a Queensland Commercial Fishing Vessel Licence (endorsed as a primary vessel with one or more fishery entitlements) issued under the former Act, is taken to be a reference to-- (i) a commercial fishing vessel licence issued under the former Act21 continued in force as an authority or renewed under the

16

The Primary Industries Legislation Amendment Act (No. 2) 1996 , section 69 (Amendment of s 30 (Cane to be a commodity)). Fisheries Act 1994, expired section 233 (Existing licences etc.). Section 233 commenced on 27 January 1995 and expired on 27 July 1995. The section continued, amongst other things, a licence in force under the former Act as an authority under the Fisheries Act 1994. See the Fishing Industry Organisation and Marketing Regulation 1991, section 7 (Master Fisherman's licence). See the Fisheries Act 1994, expired section 233 (Existing licences etc.). For licences issued under the Fisheries Act 1994, see the Fisheries Regulation 1995 section 31 (Licences Authority may issue). See the Fishing Industry Organisation and Marketing Regulation 1991, section 9 (Fishing vessel licences).

17

18

19 20

21

s 58

96 Primary Producers' Organisation and Marketing Act 1926

s 58

Fisheries Act 1994 with 1 or more fishery symbols written on it; or (ii) a primary commercial fishing boat licence, or a tender commercial fishing boat licence, issued under the Fisheries Act 1994 with 1 or more fishery symbols written on it. (2) In subsection (1)-- "former Act" means the Fishing Industry Organisation and Marketing Act 1982.

97 Primary Producers' Organisation and Marketing Act 1926

ˇ

SCHEDULE 2



MEETING PROCEDURE

PART 1--BOARD MEETINGS
s 11(11) 1. The rules in this part shall apply in respect of the conduct of meetings of a marketing board. 2. Subject to rule 3, the board shall meet at such times and places as the board by resolution determines. 3.(1) The first meeting of a newly constituted or newly elected board shall be convened by the director of marketing within 30 days of the date of appointment by the Minister of the members of the board. (2) At that meeting the board shall elect 1 of its members to preside as chairperson for that meeting. 4. The person appointed as chairperson of a board pursuant to section 11(1C) or (1D) of the Act shall subsequent to his or her appointment preside at all meetings of the board at which he or she is present during his or her term as chairperson. 5. In the event of the absence of the chairperson, the Minister may appoint another member of the board as acting chairperson of that board during that absence and such person while so acting shall have and may exercise all the powers and shall carry out all the duties of the chairperson. 6. In the event of the absence from a meeting, through illness or otherwise, of the chairperson or of an acting chairperson, the board may appoint a member of the board to be chairperson of that meeting. 7. In the event of the absence from a meeting, through illness or otherwise, of any member of the board, the Minister may appoint a person nominated by such person to act as deputy for such member at such

98 Primary Producers' Organisation and Marketing Act 1926

SCHEDULE 2 (continued) meeting and such person while so acting shall have and may exercise all the powers and shall carry out all the duties of a member. 8. Business of a board shall not be conducted unless a quorum, made up of that number of members that is more than one-half the total number of members, is present. 9. The chairperson may, and if requested by any 2 members, shall call a special meeting of the board at any time. 10.(1) The secretary shall cause the members of the board to be notified in writing of the agenda and business, to be dealt with at each ordinary or special meeting, not less than 7 days before each such meeting. (2) However, if the chairperson and the director of marketing so agree, shorter notice may be given of any special meeting. 11.(1) As its first order of business following the election, if necessary, of the chairperson of the meeting, a newly constituted or newly elected board shall adopt by formal resolution standing orders not inconsistent with this Act for the conduct of meetings and debate. (2) Standing orders shall include reference to a published work on meeting procedures that shall be followed and observed to the extent that those procedures can sensibly apply to meetings of the board. (3) If any matter arises that is not covered by the standing orders so adopted, the decision of the chairperson shall be final. (4) Standing orders may be amended by the board at any meeting of the board. 12. All resolutions dealt with at any board meeting shall be decided by a majority vote of members present and by open voting, but should any member present request that a ballot be taken upon any resolution then such resolution shall be determined by secret ballot. 13.(1) Except as provided for in rules 14 and 15 every member present at a meeting shall vote on each resolution dealt with at that meeting. (2) If a member abstains from voting, other than pursuant to rule 14 or 15, upon any resolution such abstention shall be recorded in the negative.

99 Primary Producers' Organisation and Marketing Act 1926

SCHEDULE 2 (continued) 14. A member who has declared a conflict of interest in respect of any resolution and who has requested that such conflict of interest be noted in the minutes of the meeting shall abstain from voting on that resolution and such abstention shall be so recorded. 15. The director of marketing or his or her deputy, as the case may be, may abstain from voting on any question and such abstention shall be so recorded. 16.(1) In the event of an equality of votes on any resolution, it shall be deemed that the resolution is decided in the negative. (2) Each member of the board shall have a deliberative vote only. 17. If all the members have signed a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a meeting of the members held on the day on which the document was signed or, if the document was signed by different members on different days, on the last day on which the document was signed by a member. 18. For the purposes of rule 17, 2 or more documents containing statements in identical terms, each of which is signed by 1 or more members, shall together be deemed to constitute the document containing a statement in those terms signed by those members on the respective days on which they so signed. 19. A written record of any resolution as described in rule 17 shall be presented to the next meeting of the board for confirmation as to the correctness of that recording and, if so confirmed, shall thereupon form part of the minutes of that meeting. 20. A member shall declare to the board the interest held by the member in any body corporate or bodies corporate and that declaration shall in the case of each such body corporate contain the particulars required to be included in a notice in writing by a director pursuant to the Corporations Law, section 236.22

22

Section 236 (General duty to make disclosure)

100 Primary Producers' Organisation and Marketing Act 1926

SCHEDULE 2 (continued) 21. The secretary shall keep minutes of all meetings of the board and shall forward a draft copy of the minutes of each meeting to each member of the board not later than 14 days from the date of the meeting. 22. A draft copy of the minutes shall be presented to the next meeting of the board for confirmation as to the correctness of that copy, and if so confirmed shall be signed by the chairperson and secretary as representing the true minutes of that preceding meeting.

PART 2--ANNUAL GENERAL MEETINGS OF GROWERS
s 34A(4) 1. The rules of this part shall apply in respect of the conduct of the annual general meeting of growers and, subject to the approval of the meeting, may apply at any other meeting of growers convened by the board. 2. The chairperson of the board shall be the chairperson of the annual general meeting. 3. In respect of any matter not covered by these rules or in any disputation regarding the interpretation of these rules, the decision of the chairperson shall be final. 4. Standing orders adopted by the board concerned for the conduct of meetings shall, as far as they are relevant, apply in respect of the annual general meeting. 5.(1) The qualifications in respect of entitlement to vote at an election of board members shall apply mutatis mutandis to entitlement to vote at the annual general meetings of growers. (2) However, every board member shall be entitled to a vote.

101 Primary Producers' Organisation and Marketing Act 1926

SCHEDULE 2 (continued) 6. Subject to these rules, a person who desires to make a motion at an annual general meeting of growers shall forward to the secretary of the board concerned a notice of motion in writing, signed by the mover and a seconder who shall be persons entitled to vote at such a meeting, so as to reach the secretary not less than 14 days before the day of the annual general meeting. 7. A notice of motion duly received by the secretary of the board shall be placed on the notice paper for the annual general meeting and shall be debated unless the meeting by a majority vote determines otherwise. 8. The chairperson may, at the chairperson's absolute discretion, accept or reject motions or amendments to motions from the floor. 9. The chairperson may group motions dealing with the same or similar matters and direct that debate be conducted simultaneously on all such motions. 10. The chairperson-- (a) may direct that a vote be taken on any matter that is before the annual general meeting; and (b) shall take a vote on any motion properly before the meeting if so required by a majority of growers present and entitled to vote. 11.(1) All motions dealt with at an annual general meeting shall be decided by a majority vote of growers present and entitled to vote and by open voting. (2) However, if any grower present and entitled to vote requests that a ballot be taken upon any motion, such motion shall be determined by secret ballot. 12. A motion on the notice paper shall lapse unless the mover and seconder are present for the debate of that motion. 13. A record shall be kept by a person appointed by the chairperson of all motions on which a vote is taken and such record shall include the result of that vote and shall be open for inspection at the board's offices by any grower entitled to vote.

102 Primary Producers' Organisation and Marketing Act 1926

SCHEDULE 2 (continued) 14.(1) The determination of policy in respect of all matters affecting the operation of the board shall be the prerogative of the board. (2) However, in formulating that policy the board shall consider any motion passed at an annual general meeting.

103 Primary Producers' Organisation and Marketing Act 1926



ENDNOTES

´

1

Index to endnotes
Page Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Orders in council amending Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

2 3 4 5 6 7 8 9

´

2

Date to which amendments incorporated

This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 19 January 2000. Future amendments of the Primary Producers' Organisation and Marketing Act 1926 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

104 Primary Producers' Organisation and Marketing Act 1926

´

3
= = = = = = = = = = = = = = = = = =

Key
Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres

´

4

Table of earlier reprints
TABLE OF EARLIER REPRINTS

[If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only] Reprint No. 1 1A 1B 2 Amendments included to Act No. 36 of 1995 to Act No. 25 of 1996 to Act No. 39 of 1997 to Act No. 82 of 1997 Reprint date 22 March 1996 26 August 1996 21 November 1997 28 April 1998

´

5

Tables in earlier reprints
TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1

105 Primary Producers' Organisation and Marketing Act 1926

´

6

List of legislation

Primary Producers' Organisation and Marketing Act 1926 17 Geo 5 No. 20 date of assent 20 November 1926 commenced 1 December 1926 (proc pubd gaz 27 November 1926 p 2370) as amended by-- orders in council published gazette-- 5 March 1927 pp 757­8 commenced on date of publication 16 April 1927 p 1257 commenced on date of publication 21 June 1927 p 2051 commenced on date of publication 25 June 1927 pp 2079­80 commenced on date of publication 23 July 1927 p 199 commenced on date of publication 30 July 1927 pp 250­1 commenced on date of publication 25 February 1928 pp 882­3 commenced on date of publication 6 October 1928 p 1202 commenced on date of publication Primary Producers' Organisation and Marketing Act Amendment Act 1928 19 Geo 5 No. 8 s 1, pt 1 date of assent 11 October 1928 commenced on date of assent orders in council published gazette-- 16 February 1929 pp 420­1 commenced on date of publication 31 May 1930 pp 1925­7 commenced on date of publication 28 June 1930 pp 2173­4 commenced on date of publication 30 August 1930 pp 951­2 commenced on date of publication

106 Primary Producers' Organisation and Marketing Act 1926
Primary Producers' Organisation and Marketing, Fruit Marketing Organisation, Wheat Pool, and Diseases in Plants Acts Amendment Act 1930 21 Geo 5 No. 22 pt 2 date of assent 13 November 1930 commenced on date of assent order in council published gazette-- 2 April 1932 p 1395 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1932 23 Geo 5 No. 31 date of assent 6 January 1933 commenced on date of assent orders in council published gazette-- 4 March 1933 p 813 commenced on date of publication 13 April 1933 pp 1479­82 commenced on date of publication 15 April 1933 p 1505 commenced on date of publication 2 March 1935 p 951 commenced on date of publication 15 November 1935 pp 1429­35 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1935 26 Geo 5 No. 35 date of assent 12 December 1935 commenced on date of assent orders in council published gazette-- 1 August 1936 pp 436­7 commenced on date of publication 12 September 1936 p 864 commenced on date of publication 28 January 1937 pp 105­6 commenced on date of publication 28 August 1937 p 563 commenced on date of publication 16 July 1938 p 225 commenced on date of publication 17 September 1938 p 896 commenced on date of publication

107 Primary Producers' Organisation and Marketing Act 1926
5 November 1938 pp 1954­5 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1938 2 Geo 6 No. 28 date of assent 1 December 1938 commenced on date of assent Primary Producers' Organisation and Marketing Acts Amendment Act 1939 3 Geo 6 No. 21 date of assent 1 December 1939 commenced on date of assent orders in council published gazette-- 13 April 1940 pp 1451­2 commenced on date of publication 7 December 1940 pp 1689­90 commenced on date of publication 27 September 1941 p 1124 commenced on date of publication 27 September 1941 pp 1125­6 commenced on date of publication Primary Producers' Organisation and Marketing Amendment Act 1941 5 Geo 6 No. 14 s 2 date of assent 20 November 1941 commenced on date of assent Acts and Other Acts

Sugar Experiment Stations Acts and Other Acts Amendment Act 1941 5 Geo 6 No. 16 pt 4 date of assent 20 November 1941 commenced on date of assent orders in council published gazette-- 25 April 1942 p 1310 commenced on date of publication 3 October 1942 pp 939­40 commenced on date of publication 28 November 1942 p 1696 commenced on date of publication 30 January 1943 pp 317­18 commenced on date of publication 26 June 1943 pp 1820­1 commenced on date of publication 28 August 1943 p 800 commenced on date of publication

108 Primary Producers' Organisation and Marketing Act 1926
25 December 1943 p 1746 commenced on date of publication 25 December 1943 p 1747 commenced on date of publication 5 August 1944 pp 198­9 commenced on date of publication 16 December 1944 p 1170 commenced on date of publication 3 November 1945 p 1009 commenced on date of publication 11 November 1945 pp 1136­8 commenced on date of publication 22 December 1945 p 1549 commenced on date of publication 14 September 1946 p 1057 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1946 11 Geo 6 No. 13 date of assent 20 December 1946 commenced on date of assent orders in council published gazette-- 11 January 1947 p 192 commenced on date of publication 29 March 1947 p 972­3 commenced on date of publication 11 October 1947 pp 979­80 commenced on date of publication 13 December 1947 pp 2669­70 commenced on date of publication 20 December 1947 pp 2417­18 commenced on date of publication 24 July 1948 pp 684­5 commenced on date of publication 13 November 1948 p 2668­9 commenced on date of publication 20 November 1948 pp 2755­6 commenced on date of publication 28 November 1948 p 2737 commenced on date of publication

109 Primary Producers' Organisation and Marketing Act 1926
9 April 1949 p 1225 commenced on date of publication 21 May 1949 pp 2150­1 commenced on date of publication 4 November 1950 pp 2124­5 commenced on date of publication 20 January 1951 p 148 commenced on date of publication 31 March 1951 p 1171 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1951 15 Geo 6 No. 25 date of assent 3 October 1951 commenced on date of assent orders in council published gazette-- 20 October 1951 pp 535­6 commenced on date of publication 1 March 1952 pp 782­3 commenced on date of publication 21 March 1953 pp 979­80 commenced on date of publication 26 September 1953 p 449 commenced on date of publication 31 October 1953 p 997 commenced on date of publication 30 January 1954 p 251 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1954 3 Eliz 2 No. 29 date of assent 28 October 1954 commenced on date of assent orders in council published gazette-- 5 March 1955 p 882 commenced on date of publication 2 April 1955 p 1267 commenced on date of publication 18 June 1955 pp 846­7 commenced on date of publication 19 November 1955 p 1343 commenced on date of publication

110 Primary Producers' Organisation and Marketing Act 1926
Primary Producers' Organisation and Marketing Acts Amendment Act 1955 4 Eliz 2 No. 42 date of assent 2 December 1955 commenced on date of assent orders in council published gazette-- 10 March 1956 pp 761­3 commenced on date of publication 24 March 1956 p 1228 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1957 6 Eliz 2 No. 9 date of assent 11 April 1957 commenced on date of assent orders in council published gazette-- 19 October 1957 p 776 commenced on date of publication 2 November 1957 pp 932­7 commenced on date of publication 7 December 1957 pp 1651­6 commenced on date of publication 21 December 1957 pp 2032­3 commenced on date of publication 15 February 1958 p 516 commenced on date of publication 23 August 1958 pp 2593­4 commenced on date of publication 28 August 1958 pp 2953­4 commenced on date of publication 28 February 1959 pp 1404­5 commenced on date of publication 3 October 1959 pp 701­3 commenced on date of publication 21 November 1959 pp 1876­7 commenced on date of publication 21 May 1960 p 738 commenced on date of publication 15 April 1961 pp 2064­6 commenced on date of publication 1 July 1961 p 844 commenced on date of publication

111 Primary Producers' Organisation and Marketing Act 1926
22 July 1961 p 1116 commenced on date of publication 23 December 1961 p 1310 commenced on date of publication 6 October 1962 pp 404­5 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1962 No. 15 date of assent 3 December 1962 commenced on date of assent orders in council published gazette-- 16 March 1963 pp 1014­15 commenced on date of publication 16 March 1963 pp 1015­16 commenced on date of publication Primary Producers' Organisation and Marketing Acts and Another Act Amendment Act 1965 No. 12 date of assent 21 April 1965 commenced on date of assent orders in council published gazette-- 26 June 1965 p 1140 commenced on date of publication 4 December 1965 p 1297 commenced on date of publication 12 February 1966 pp 1148­9 commenced on date of publication 3 September 1966 p 29 commenced on date of publication Primary Producers' Organisation and Marketing Acts Amendment Act 1966 No. 18 date of assent 15 December 1966 commenced on date of assent orders in council published gazette-- 11 March 1967 pp 927­8 commenced on date of publication 1 July 1967 p 1060 commenced on date of publication 15 January 1968 p 244 commenced on date of publication

112 Primary Producers' Organisation and Marketing Act 1926
20 April 1968 pp 1589­90 commenced on date of publication 29 June 1968 p 1029 commenced on date of publication 12 October 1968 pp 492­3 commenced on date of publication 2 November 1968 pp 807­8 commenced on date of publication 12 April 1969 pp 1248­9 commenced on date of publication 28 June 1969 p 1137 commenced on date of publication 15 November 1969 pp 1150­1 commenced on date of publication 21 March 1970 pp 1074­5 commenced on date of publication 21 March 1970 pp 1075­6 commenced on date of publication 18 July 1970 p 1516 commenced on date of publication 19 December 1970 pp 1537­8 commenced on date of publication 13 November 1971 pp 1176­8 commenced on date of publication 20 May 1972 pp 391­2 commenced on date of publication 29 July 1972 p 1519 commenced on date of publication 29 July 1972 p 1519 commenced 1 May 1973 Metric Conversion Act 1972 No. 31 pt 2 sch 1 date of assent 21 December 1972 commenced 23 July 1973 (proc pubd gaz 21 July 1973 p 2150) Primary Producers' Organisation and Marketing Act Amendment Act 1973 No. 17 date of assent 13 April 1973 commenced 16 June 1973 (proc pubd gaz 16 June 1973 p 1460)

113 Primary Producers' Organisation and Marketing Act 1926
orders in council published gazette-- 27 October 1973 p 1055 commenced on date of publication 8 June 1974 p 835 commenced on date of publication 10 May 1975 p 317 commenced on date of publication 7 June 1975 p 810 commenced on date of publication 6 September 1975 p 29 commenced on date of publication 13 September 1975 p 117 commenced on date of publication 11 October 1975 p 488 commenced on date of publication 24 January 1976 pp 255­6 commenced on date of publication 27 March 1976 pp 1199­200 commenced on date of publication Fisheries Act 1976 No. 80 s 92 date of assent 16 December 1976 commenced 1 January 1978 (proc pubd gaz 10 December 1977 p 1305) orders in council published gazette-- 11 June 1977 p 953 commenced on date of publication 3 December 1977 pp 1250­2 commenced on date of publication 21 January 1978 p 186 commenced on date of publication 18 February 1978 p 637 commenced on date of publication 15 April 1978 p 1472 commenced on date of publication 20 January 1979 p 182 commenced on date of publication 24 February 1979 p 646 commenced on date of publication 7 April 1979 p 1318 commenced on date of publication

114 Primary Producers' Organisation and Marketing Act 1926
Primary Producers' Organisation and Marketing Act Amendment Act 1979 No. 6 date of assent 20 April 1979 commenced on date of assent orders in council published gazette-- 26 May 1979 pp 684­5 commenced on date of publication 7 June 1980 p 931 commenced on date of publication 11 October 1980 p 691 commenced on date of publication 7 March 1981 p 780 commenced on date of publication Primary Producers' Organisation and Marketing Act Amendment Act 1981 No. 38 date of assent 20 May 1981 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 27 June 1981 (see s 2(2) and proc pubd gaz 27 June 1981 p 1710) orders in council published gazette-- 14 November 1981 pp 1141­2 commenced on date of publication 5 December 1981 p 1435 commenced on date of publication Companies (Consequential Amendments) Act 1981 No. 111 pt 6 sch date of assent 16 December 1981 commenced 1 July 1982 (see s 2(4) and proc pubd gaz 29 June 1982 p 2102) orders in council published gazette-- 17 April 1982 p 1724 commenced on date of publication 12 June 1982 p 1422 commenced on date of publication 19 June 1982 p 1592 commenced on date of publication Primary Producers' Organisation and Marketing Act Amendment Act 1983 No. 24 date of assent 19 April 1983 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 25 June 1983 (see s 2(2) and proc pubd gaz 25 June 1983 p 1343)

115 Primary Producers' Organisation and Marketing Act 1926
orders in council published gazette-- 2 July 1983 p 1463 commenced on date of publication 10 September 1983 p 136 commenced on date of publication 17 December 1983 p 1680 commenced on date of publication 28 April 1984 p 1786 commenced on date of publication Primary Producers' Organisation and Marketing Act and Other Acts Amendment Act 1984 No. 62 pt 2 date of assent 29 May 1984 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 July 1984 (see s 2(2) and proc pubd gaz 23 June 1984 p 1353) orders in council published gazette-- 23 June 1984 p 1334 commenced on date of publication 30 June 1984 p 1467 commenced on date of publication 28 July 1984 p 1863 commenced on date of publication 27 October 1984 p 893 commenced on date of publication 8 December 1984 p 1937 commenced on date of publication Primary Producers' Organisation and Marketing Act and Another Act Amendment Act 1985 No. 18 pt 2 date of assent 4 April 1985 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 11 May 1985 (see s 2(2) and proc pubd gaz 11 May 1985 p 681) order in council published gazette-- 21 September 1985 p 251 commenced on date of publication City of Brisbane Market Act and Other Acts Amendment Act 1985 No. 84 pt 6 date of assent 9 December 1985 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 20 February 1986 (see s 2(2) and proc pubd gaz 22 February 1986 p 679)

116 Primary Producers' Organisation and Marketing Act 1926
orders in council published gazette-- 22 February 1986 p 671 commenced on date of publication 16 August 1986 p 2571 commenced on date of publication 18 October 1986 p 1099 commenced on date of publication 27 June 1987 pp 2242­3 commenced on date of publication Primary Producers' Organisation and Marketing Act Amendment Act 1987 No. 57 (as construed by Act No. 35 of 1988 s 10) date of assent 1 October 1987 ss 1­2 commenced on date of assent (see s 2(1)) s 21 commenced 11 May 1987 (see s 2(2)) remaining provisions commenced 15 October 1987 (see s 2(3) and proc pubd gaz 17 October 1987 p 575) order in council published gazette-- 1 October 1988 p 537 commenced on date of publication Fishing Industry Organization and Marketing Act and Other Acts Amendment Act 1989 No. 43 pt 5 date of assent 5 May 1989 ss 1­2 commenced on date of assent (see s 2(1)) remaining provisions commenced 13 May 1989 (see s 2(2) and proc pubd gaz 13 May 1989 p 334) Wheat Pool Act and Another Act Amendment Act 1989 No. 59 pt 4 date of assent 5 May 1989 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Public Accountants Registration (Repeal and Consequential Amendments) Act 1990 No. 85 s 5 sch 2 date of assent 29 November 1990 commenced 1 January 1991 (see s 2(3)) order in council published gazette-- 2 March 1991 p 1064 commenced on date of publication Grain Industry (Restructuring) Act 1991 No. 91 sch 4 date of assent 11 December 1991 commenced on date of assent

117 Primary Producers' Organisation and Marketing Act 1926
Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1­3 sch 1 date of assent 17 December 1991 amdts (5), (7) and (11) commenced 11 December 1991 (see Act) remaining provisions commenced on date of assent (see s 2) Primary Producers' Organisation and Marketing (Constitution of Queensland Cane Growers' Council) Order 1991 SL No. 203 notfd gaz 21 December 1991 pp 2584­7 commenced on date of notification Primary Producers' Organisation and Marketing Amendment Order (No. 2) 1992 SL No. 250 notfd gaz 14 August 1992 p 2892 commenced on date of notification Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1­3 sch 1 date of assent 7 December 1992 commenced on date of assent Egg Industry (Restructuring) Act 1993 No. 72 ss 1­2, 119 date of assent 7 December 1993 ss 1­2 commenced on date of assent remaining provisions commenced 1 January 1994 (see s 2 and 1993 SL No. 472) Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1­3 sch 1 date of assent 14 December 1993 ss 1­2 commenced on date of assent (see s 2) remaining provisions commenced 10 November 1993 (see s 3 sch 1) Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1­3 sch 1 date of assent 10 May 1994 commenced on date of assent Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 ss 1­2, 9 sch 2 date of assent 16 June 1995 commenced on date of assent Primary Industries Legislation Amendment Act 1996 No. 13 pts 1, 9 s 24 sch date of assent 23 May 1996 commenced on date of assent Sugar Industry Amendment Act 1996 No. 19 ss 1, 2(2) sch date of assent 30 July 1996 commenced on date of assent Tobacco Industry (Restructuring) Act 1996 No. 25 ss 1, 28 sch 1 pt 1 date of assent 15 August 1996 commenced on date of assent

118 Primary Producers' Organisation and Marketing Act 1926
Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1­2, 9 sch date of assent 20 November 1996 ss 1­2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Primary Industries Legislation Amendment Act (No. 2) 1996 No. 59 pts 1, 9 date of assent 5 December 1996 ss 1­2 commenced on date of assent remaining provisions commenced 25 July 1997 (1997 SL No. 225) Miscellaneous Acts (Non-bank Financial Institutions) Amendment Act 1997 No. 17 ss 1­2, 74 sch date of assent 15 May 1997 ss 1­2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 163) Cooperatives Act 1997 No. 39 ss 1­2, 472 sch 7 date of assent 25 August 1997 ss 1­2 commenced on date of assent remaining provisions commenced 1 September 1997 (1997 SL No. 286) Primary Industries Legislation Amendment Act (No. 2) 1997 No. 73 pts 1, 8 date of assent 1 December 1997 ss 1­2 commenced on date of assent remaining provisions commenced 19 December 1997 (1997 SL No. 475) Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss 1­3, sch date of assent 5 December 1997 commenced on date of assent Sugar Industry Act 1999 No. 51 ss 1, 2(2), 228 sch 1 date of assent 18 November 1999 ss 1­2 commenced on date of assent remaining provisions commenced 1 January 2000 (see s 2(2)) Primary Industry Bodies Reform Act 1999 No. 88 ss 1­2(1) pt 10 div 2 date of assent 21 December 1999 commenced on date of assent (see s 2(1))

´

7

List of annotations

Long title sub 1987 No. 57 s 4 amd 1996 No. 59 s 59 PART 1--PRELIMINARY pt hdg ins 1996 No. 13 s 24 sch

119 Primary Producers' Organisation and Marketing Act 1926
Short title prov hdg amd R1 (see RA s 37) s1 amd R1 (see RA s 37) INTERPRETATION hdg prec s 2 om 1996 No. 13 s 24 sch Act to be read subject to the Commonwealth Constitution s 1A ins 1935 26 Geo 5 No. 35 s 2 om 1991 No. 97 s 3 sch 1 Definitions prov hdg sub 1996 No. 13 s 25(1) s2 def "affiliated body" ins 1984 No. 62 s 5(a) amd 1994 No. 15 s 3 sch 1; 1997 No. 39 s 472 sch 7 def "appointed day" ins 1987 No. 57 s 5(a) sub 1996 No. 13 s 25(2) def "approved form" ins 1996 No. 13 s 25(3) def "bank" ins 1987 No. 57 s 5(b) om 1996 No. 54 s 9 sch def "board" amd 1987 No. 57 s 5(c) def "certificate" amd 1996 No. 13 s 25(4) def "commodity" amd 1928 19 Geo 5 No. 8 s 2(i)(a); 1930 21 Geo 5 No. 22 s 4; 1935 26 Geo 5 No. 35 s 3; 1939 3 Geo 6 No. 21 s 2; 1989 No. 43 s 42(a); 1993 No. 72 s 119(2) def "Council" om 1994 No. 15 s 3 sch 1 def "Department" amd 1973 No. 17 s 3(a) om 1991 No. 97 s 3 sch 1 def "financial institution" ins 1997 No. 17 s 74 sch def "financial year" ins 1984 No. 62 s 5(b) def "marketing" ins 1987 No. 57 s 5(d) def "Minister" sub 1973 No. 17 s 3(b) om 1991 No. 97 s 3 sch 1 def "net proceeds of sale" ins 1987 No. 57 s 5(e) def "prescribed" sub 1987 No. 57 s 5(f) om 1996 No. 59 s 60(1) def "prescribed instrument" ins 1987 No. 57 s 5(f) amd 1996 No. 13 s 25(5) om 1996 No. 59 s 60(1) def "primary producer" amd 1928 19 Geo 5 No. 8 s 2(i)(b); 1989 No. 43 s 42(b); 1994 No. 15 s 3 sch 1 def "producer representative body" ins 1987 No. 57 s 5(g) amd 1989 No. 43 s 42(c); 1994 No. 15 s 3 sch 1 sub 1996 No. 59 s 60(1)­(2) def "Regulations" om 1991 No. 97 s 3 sch 1 def "State council" ins 1996 No. 59 s 60(2) def "State Wheat board" om 1991 No. 91 sch 4 def "subsidiary body" ins 1996 No. 59 s 60(2) def "This Act" om 1994 No. 15 s 3 sch 1

120 Primary Producers' Organisation and Marketing Act 1926
PART 1A--APPLICATION OF ARRANGEMENTS ACT 1982 pt hdg ins 1996 No. 54 s 9 sch STATUTORY BODIES FINANCIAL

Declaration that board and subsidiary bodies are statutory bodies s3 ins 1996 No. 54 s 9 sch REPEALS hdg prec s 3 om 1991 No. 97 s 3 sch 1 Repeal of earlier Acts s3 om 1991 No. 97 s 3 sch 1 COUNCIL OF AGRICULTURE hdg prec s 4 om 1994 No. 15 s 3 sch 1 Council of Agriculture s4 amd 1932 23 Geo 5 No. 31 s 2 sub 1938 2 Geo 6 No. 28 s 2 amd 1939 3 Geo 6 No. 21 s 3; 1954 3 Eliz 2 No. 29 s 2; o in c pubd gaz 24 March 1956 p 1228; 28 February 1959 pp 1404­5; 1962 No. 15 s 2; o in c pubd gaz 29 July 1972 p 1519; 1973 No. 17 s 4; o in c pubd gaz 24 February p 646; 1979 No. 6 s 2; 1981 No. 38 s 3; 1987 No. 57 s 6; 1989 No. 103 s 3 sch; 1991 No. 97 s 3 sch 1 om 1994 No. 15 s 3 sch 1 COUNCIL OF AGRICULTURE FUND hdg prec s 5 sub 1938 2 Geo 6 No. 28 s 3 Council of Agriculture Fund s5 sub 1938 2 Geo 6 No. 28 s 3 om 1994 No. 15 s 3 sch 1 COUNCIL OF AGRICULTURE FUND hdg prec s 5A om 1996 No. 13 s 24 sch Precept by council s 5A ins 1987 No. 57 s 7 om 1996 No. 13 s 26 OFFICERS hdg prec s 6 om 1996 No. 13 s 24 sch PART 2--OFFICERS pt hdg ins 1996 No. 13 s 24 sch Appointment of director of marketing s6 amd 1938 2 Geo 6 No. 28 s 4; 1994 No. 15 s 3 sch 1 FUNCTIONS OF COUNCIL COMMODITIES AND COMMODITY BOARD hdg prec s 7 om 1996 No. 13 s 24 sch PART 3--COMMODITIES AND COMMODITY BOARDS pt hdg ins 1996 No. 13 s 24 sch

121 Primary Producers' Organisation and Marketing Act 1926
Functions of the Council s7 amd 1938 2 Geo 6 No. 28 s 5 sub 1987 No. 57 s 8 om 1994 No. 15 s 3 sch 1 LOCAL PRODUCERS' ASSOCIATIONS hdg prec s 8 om 1938 2 Geo 6 No. 28 s 6 Local producers' associations s8 amd 1932 23 Geo 5 No. 31 s 3 om 1938 2 Geo 6 No. 28 s 6 Power to declare commodity and extend Act and constitute board for same s9 amd 1928 19 Geo 5 No. 8 s 2(ii); 1930 21 Geo 5 No. 22 s 5; 1932 23 Geo 5 No. 31 s 4; 1935 26 Geo 5 No. 35 s 4; 1938 2 Geo 6 No. 28 s 7; 1939 3 Geo 6 No. 21 s 4; 1957 6 Eliz 2 No. 9 s 2; 1965 No. 12 s 4; 1972 No. 31 s 6 sch 1; 1973 No. 17 s 5; 1987 No. 57 s 9 (as construed by Act No. 35 of 1988 s 10); 1991 No. 97 s 3 sch 1; 1994 No. 15 s 3 sch 1; 1996 No. 13 ss 27, 24 sch Northern Pig board s 9A ins 1946 11 Geo 6 No. 13 s 2 om 1987 No. 57 s 10 Board may control several commodities s 10 amd 1985 No. 18 s 5; 1994 No. 15 s 3 sch 1 Existing boards s 10A ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1930 21 Geo 5 No. 22 s 6; 1957 6 Eliz 2 No. 9 s 3; 1987 No. 57 s 11; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch Petition for continuance or otherwise of board s 10B ins 1928 19 Geo 5 No. 8 s 2(iii) Amalgamation of boards s 10C ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1962 No. 15 s 3; 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch Further powers of Governor in Council as to boards s 10D ins 1928 19 Geo 5 No. 8 s 2(iii) amd 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1 Commodity board s 11 amd 1932 23 Geo 5 No. 31 s 5; 1935 26 Geo 5 No. 35 s 5; 1938 2 Geo 6 No. 28 s 8; 1946 11 Geo 6 No. 13 s 3(1); 1954 3 Eliz 2 No. 29 s 3; 1987 No. 57 s 12; 1991 No. 91 sch 4; 1996 No. 13 s 24 sch Further powers of commodity board s 11A ins 1938 2 Geo 6 No. 28 s 9 amd 1996 No. 59 s 61

122 Primary Producers' Organisation and Marketing Act 1926
Failure to elect or appoint representative s 11B ins 1938 2 Geo 6 No. 28 s 10 amd 1996 No. 59 s 62 Termination of term of office of board s 11C ins 1984 No. 62 s 6 amd 1987 No. 57 s 13; 1996 No. 13 s 28 Confidentiality of members of a board s 11D ins 1987 No. 57 s 14 Vacation of office s 11E 1987 No. 57 s 14 Boards not to be concerned in party politics s 12 amd 1938 2 Geo 6 No. 28 s 11; 1951 15 Geo 6 No. 25 s 2; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 29; 1996 No. 59 s 63; 1997 No. 73 s 40 Duty of board s 12A ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special powers of a Board s 12B ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special powers of Minister s 12C ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Application of ss 12A, 12B, and 12C s 12D ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 Special power of Governor in Council s 12E ins 1951 15 Geo 6 No. 25 s 3 om 1955 4 Eliz 2 No. 42 s 2 General powers of board s 13 amd 1938 2 Geo 6 No. 28 s 12; 1939 3 Geo 6 No. 21 s 5; 1973 No. 17 s 6; 1979 No. 6 s 3; 1981 No. 38 s 4; 1981 No. 111 s 23 sch; 1983 No. 24 s 3; 1987 No. 57 s 15; 1989 No. 59 s 45; 1996 No. 13 s 30; 1996 No. 54 s 9 sch; 1996 No. 59 s 64; 1997 No. 39 s 472 sch 7 Fraud by officers etc. of board s 13A ins 1979 No. 6 s 4 Powers of affiliated body s 13B ins 1984 No. 62 s 7 Minister's directions s 13C ins 1984 No. 62 s 7 MARKETING POWERS ETC. hdg prec s 14 om 1996 No. 13 s 24 sch

123 Primary Producers' Organisation and Marketing Act 1926
PART 4--MARKETING pt hdg ins 1996 No. 13 s 24 sch Powers of marketing board s 14 amd 1932 23 Geo 5 No. 31 s 6; 1941 5 Geo 6 No. 14 s 2(1); 1951 15 Geo 6 No. 25 s 4; 1954 3 Eliz 2 No. 29 s 4; 1955 4 Eliz 2 No. 42 s 3; 1973 No. 17 s 7; 1987 No. 57 s 16; 1989 No. 103 s 3 sch; 1991 No. 91 sch 4; 1994 No. 15 s 3 sch 1 Marketing board to insure against defalcations by agent s 14A ins 1938 2 Geo 6 No. 28 s 13 amd 1939 3 Geo 6 No. 21 s 6; 1973 No. 17 s 8; 1987 No. 57 s 17; 1991 No. 97 s 3 sch 1; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 31 Marketing board to be corporation for certain purpose s 14B ins 1981 No. 38 s 5 Marketing board may offer book debts and commodity as security s 14C ins 1981 No. 38 s 5 amd 1983 No. 24 s 4 om 1996 No. 54 s 9 sch Financial arrangements s 14D ins 1987 No. 57 s 18 om 1996 No. 54 s 9 sch Debentures, bonds and stock s 14E ins 1987 No. 57 s 18 om 1996 No. 54 s 9 sch Other marketing arrangements s 14F ins 1987 No. 57 s 18 All the commodity to be delivered to marketing board s 15 amd 1928 19 Geo 5 No. 8 s 2(iv); 1965 No. 12 s 5; 1987 No. 57 s 19 (as construed by Act No. 35 of 1988 s 10); 1989 No. 103 s 3 sch; 1996 No. 13 s 24 sch Acceptance by board etc. s 18 amd 1932 23 Geo 5 No. 31 s 7; 1965 No. 12 s 6; 1979 No. 6 s 5; 1983 No. 24 s 5; 1987 No. 57 s 20; 1989 No. 59 s 45; 1996 No. 13 s 24 sch Variation of payment arrangements s 18A ins 1987 No. 57 s 21 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 32 Marketing arrangements for individual growers s 18B ins 1987 No. 57 s 21 amd 1994 No. 15 s 3 sch 1; 1996 No. 54 s 9 sch; 1997 No. 17 s 74 sch Board may contract with grower s 18C ins 1987 No. 57 s 21

124 Primary Producers' Organisation and Marketing Act 1926
Issue of certificates and payment in connection with commodity delivered to board s 19 amd 1996 No. 13 s 33 Contracts for sale of commodity s 20 amd 1996 No. 13 s 24 sch Remedy against board confined to claim for an account s 22 amd 1987 No. 57 s 22; 1996 No. 13 ss 34, 24 sch Duty to give notice of encumbrances etc. on delivery thereof s 23 amd 1996 No. 13 s 35 Priority of order for payment of harvesting costs s 23A ins 1935 26 Geo 5 No. 35 s 6 amd 1989 No. 59 s 45; 1996 No. 13 s 24 sch RETURNS ETC. hdg prec s 25 om 1996 No. 13 s 24 sch PART 5--RETURNS AND ADMINISTRATION pt hdg ins 1996 No. 13 s 24 sch Protection of the Crown etc. prov hdg sub 1987 No. 57 s 23(a) s 26 amd 1987 No. 57 s 23(b); 1996 No. 59 s 65 Financial administration s 27 amd 1973 No. 17 s 9; 1979 No. 6 s 6; 1984 No. 62 s 8 sub 1987 No. 57 s 24 amd 1991 No. 97 s 3 sch 1; 1996 No. 59 s 66 Unclaimed moneys s 27A ins 1962 No. 15 s 4 amd 1973 No. 17 s 10; 1979 No. 6 s 7; 1991 No. 91 sch 4 Investment of moneys s 27B ins 1973 No. 17 s 11 amd 1979 No. 6 s 8; 1983 No. 24 s 6; 1991 No. 91 sch 4 om 1996 No. 54 s 9 sch Annual statement of accounts of a board s 27C ins 1984 No. 62 s 9 om 1987 No. 57 s 25 Audit of accounts s 27D ins 1984 No. 62 s 9 om 1987 No. 57 s 25 Precept by Council s 28 amd 1938 2 Geo 6 No. 28 s 14; 1973 No. 17 s 12; 1979 No. 6 s 9 om 1987 No. 57 s 25 LEVY BY BOARD hdg prec s 29 om 1996 No. 13 s 24 sch

125 Primary Producers' Organisation and Marketing Act 1926
PART 6--LEVY BY BOARD pt hdg ins 1996 No. 13 s 24 sch Board may make levy s 29 amd 1928 19 Geo 5 No. 8 s 2(v); 1930 21 Geo 5 No. 22 s 7; 1935 26 Geo 5 No. 35 s 7; 1985 No. 18 s 6; 1987 No. 57 s 26; 1991 No. 91 sch 4; 1993 No. 72 s 119(3); 1996 No. 13 ss 36, 24 sch; 1996 No. 59 s 67 Winding-up of boards s 29A ins 1928 19 Geo 5 No. 8 s 2(vi) amd 1973 No. 17 s 13; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Provisional liquidator s 29AA ins 1954 3 Eliz 2 No. 29 s 5 amd 1973 No. 17 s 14; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Assets remaining on completion of winding up of board s 29AB ins 1954 3 Eliz 2 No. 29 s 5 amd 1973 No. 17 s 15; 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Winding up in progress at the commencement of Part VI of the Companies (Consequential Amendments) Act 1981 s 29AC ins 1981 No. 111 s 23 sch om 1987 No. 57 s 27 Superannuation schemes prov hdg sub 1995 No. 36 s 9 sch 2 s 29B ins 1946 11 Geo 6 No. 13 s 4 amd 1983 No. 24 s 7 sub 1985 No. 84 s 17 amd 1991 No. 91 sch 4; 1995 No. 36 s 9 sch 2; 1996 No. 59 s 68 Alternative method of levy by Egg Board s 29C ins 1985 No. 18 s 7 amd 1987 No. 57 s 28; 1989 No. 103 s 3 sch om 1993 No. 72 s 119(4) SUGAR INDUSTRY hdg prec s 30 om 1994 No. 15 s 3 sch 1 Cane to be a commodity s 30 amd 1928 19 Geo 5 No. 8 s 2(vii); 1930 21 Geo 5 No. 22 s 8; o in c pubd gaz 4 March 1933 p 813; 15 April 1933 p 1505; 2 March 1935 p 951; 1935 26 Geo 5 No. 35 s 8; o in c pubd gaz 12 September 1936 p 864; 1939 3 Geo 6 No. 21 s 7; 1941 5 Geo 6 No. 16 s 21(1); o in c pubd gaz 14 September 1946 p 1057; 1946 11 Geo 6 No. 13 s 5; o in c pubd gaz 26 September 1953 p 449; 1954 3 Eliz 2 No. 29 s 6; 1962 No. 15 s 5; 1966 No. 18 s 2; o in c pubd gaz 27 July 1972 p 1519; 10 May 1975 p 317; 7 June 1975 p 810; 11 October 1975 p 488; 1979 No. 6 s 10;

126 Primary Producers' Organisation and Marketing Act 1926
1981 No. 38 s 6; o in c pubd gaz 14 November 1981 p 1141­2; o in c pubd gaz 12 June 1982 p 1422; 18 October 1986 p 1099; 1987 No. 57 s 29 (as construed by Act No. 35 of 1988 s 10); o in c pubd gaz 1 October 1988 p 537; 2 March 1991 p 1064; 1991 SL No. 203 ss 6, 7; 1992 SL No. 250 s 3; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 24 sch; 1996 No. 59 s 69; 1997 No. 73 s 41 Definitions for section 30 prov hdg sub 1996 No. 19 s 2(2) sch s 30A prev s 30A ins 1973 No. 17 s 16 om 1976 No. 80 s 92 pres s 30A ins 1979 No. 6 s 11 def "corporation" sub 1981 No. 111 s 23 sch om 1996 No. 13 s 37(1) def "grower" amd 1981 No. 111 s 23 sch; 1996 No. 13 s 37(2)­(4); 1999 No. 51 s 228 sch 1 def "mill" ins 1996 No. 19 s 2(2) sch sub 1999 No. 51 s 228 sch 1 Queensland Cane Growers' Council may hold property as trustee s 30B ins 1981 No. 38 s 7 amd 1989 No. 103 s 3 sch; 1996 No. 59 s 70 Producer representative bodies s 30C ins 1987 No. 57 s 30 amd 1996 No. 59 s 71 State councils s 30D ins 1987 No. 57 s 30 amd 1994 No. 15 s 3 sch 1; 1996 No. 59 s 72 Subsidiary bodies s 30E ins 1987 No. 57 s 30 amd 1989 No. 43 s 43; 1990 No. 85 s 5 sch 2; 1994 No. 15 s 3 sch 1; 1996 No. 13 s 38; 1996 No. 59 s 73 Queensland Commercial Fishermen's Organisation and State Council s 30F ins 1989 No. 43 s 44 amd 1992 No. 68 s 3 sch 1; 1994 No. 15 s 3 sch 1 GENERAL hdg prec s 31 om 1996 No. 13 s 24 sch PART 7--GENERAL pt hdg ins 1996 No. 13 s 24 sch Recovery of penalties s 31 amd 1928 19 Geo 5 No. 8 s 2(viii); 1965 No. 12 s 7; 1987 No. 57 s 31 (as construed by Act No. 35 of 1988 s 10); 1996 No. 13 s 24 sch

127 Primary Producers' Organisation and Marketing Act 1926
Undue influence and like offences s 31A ins 1928 19 Geo 5 No. 8 s 2(ix) amd 1987 No. 57 s 32 (as construed by Act No. 35 of 1988 s 10); 1996 No. 13 s 39 Evidence s 32 amd 1996 No. 59 s 74 Regulation-making power s 33 reloc as s 56 1996 No. 13 s 40(6) Annual report of board s 34 sub 1984 No. 62 s 10 amd 1987 No. 57 s 34 Annual general meeting of growers s 34A ins 1984 No. 62 s 10 amd 1987 No. 57 s 35 Annual report of director of marketing s 34B ins 1984 No. 62 s 10 amd 1987 No. 57 s 36; 1996 No. 13 s 41 om 1996 No. 25 s 28 sch 1 Application of Act to affiliated body s 34C ins 1984 No. 62 s 10 amd 1991 No. 97 s 3 sch 1 Application of Act to State Wheat Board s 34D ins 1984 No. 62 s 10 om 1991 No. 91 sch 4 amd 1991 No. 97 s 3 sch 1 Application of Act to the committee of direction of fruit marketing s 34E ins 1984 No. 62 s 10 amd 1996 No. 59 s 75 PART 8--WINDING-UP ARRANGEMENTS pt hdg ins 1996 No. 13 s 24 sch Application of Act to Queensland Grain Handling Authority s 34F ins 1984 No. 62 s 10 om 1991 No. 91 sch 4 WINDING-UP ARRANGEMENTS hdg prec s 36 ins 1987 No. 57 s 37 om 1996 No. 13 s 24 sch Board may be wound up s 36 ins 1987 No. 57 s 37 amd 1996 No. 13 s 42

128 Primary Producers' Organisation and Marketing Act 1926
Initiation of winding-up by growers s 37 ins 1987 No. 57 s 37 amd 1996 No. 13 s 43; 1996 No. 59 s 76 Appointment of inspector s 38 ins 1987 No. 57 s 37 Powers of inspector s 39 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 44 Vesting of property and assumption of liabilities s 40 ins 1987 No. 57 s 37 amd 1996 No. 13 s 45; 1997 No. 39 s 472 sch 7 Administrator may be appointed s 41 ins 1987 No. 57 s 37 amd 1996 No. 13 s 46 Duty to facilitate transfer of property etc. s 42 ins 1987 No. 57 s 37 amd 1996 No. 13 s 47 Procedure for winding-up a board s 43 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 48 Arrangements and reconstructions s 44 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 49 Exercise of board's functions etc. s 45 ins 1987 No. 57 s 37 Application of moneys remaining after winding-up s 46 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 50 Regulations and rules s 47 ins 1987 No. 57 s 37 amd 1994 No. 15 s 3 sch 1; 1996 No. 13 s 51 Particular modifications s 48 ins 1987 No. 57 s 37 amd 1996 No. 13 s 52 MISCELLANEOUS hdg prec s 49 ins 1987 No. 57 s 38 om 1996 No. 13 s 24 sch PART 9--MISCELLANEOUS pt hdg ins 1996 No. 13 s 24 sch Conditions of approval s 49 ins 1987 No. 57 s 38

129 Primary Producers' Organisation and Marketing Act 1926
Guidelines etc. may be issued s 50 ins 1987 No. 57 s 38 amd 1996 No. 54 s 9 sch Approved rules or articles s 51 ins 1987 No. 57 s 38 amd 1996 No. 59 s 77 Returning officer may be appointed s 52 ins 1987 No. 57 s 38 Application of Act to certain other bodies s 53 ins 1987 No. 57 s 38 amd 1991 No. 91 sch 4 Review of Act s 54 ins 1987 No. 57 s 38 Approval of forms s 55 prev s 55 ins 1993 No. 76 s 3 sch 1 exp 6 August 1993 (see s 55(3)) pres s 55 ins 1996 No. 13 s 53 Regulation-making power prov hdg sub 1987 No. 57 s 33(a); 1994 No. 15 s 3 sch 1; 1996 No. 13 s 40(1) s 56 prev s 56 ins 1994 No. 15 s 3 sch 1 exp 10 May 1994 (see s 56(3)) AIA s 20A applies to s 56(1) (see s 56(2)) pres s 56 (prev s 33) amd 1928 19 Geo 5 No. 8 s 2(x); 1930 21 Geo 5 No. 22 s 9; 1935 26 Geo 5 No. 35 s 9; 1938 2 Geo 6 No. 28 s 15; 1939 3 Geo 6 No. 21 s 8; 1981 No. 38 s 8; 1983 No. 24 s 8; 1987 No. 57 s 33(b) (as construed by Act No. 35 of 1988 s 10); 1994 No. 15 s 3 sch 1; 1996 No. 13 ss 40(1)­(5), 24 sch reloc 1996 No. 13 s 40(6) amd 1996 No. 59 s 78; 1997 No. 82 ss 1­3, sch No further levies after date of assent for Primary Industry Bodies Reform Act 1999 s 56A ins 1999 No. 88 s 118 Expiry of Act s 56B ins 1999 No. 88 s 118 PART 10--TRANSITIONAL pt hdg ins 1997 No. 73 s 42 Transitional provisions for Act No. 59 of 1996 s 57 prev s 57 ins 1994 No. 15 s 3 sch 1 exp 10 May 1994 (see s 57(3)) AIA s 20A applies to s 57(1) (see s 57(2)) prev s 57 ins 1996 No. 13 s 53 exp 23 August 1996 (see s 57(3)) pres s 57 ins 1997 No. 73 s 42

130 Primary Producers' Organisation and Marketing Act 1926
Transitional provision for Fisheries Act 1994 s 58 ins 1997 No. 73 s 42 SCHEDULE 1--SPECIFIED BOARDS ins 1987 No. 57 s 39 sub 1991 No. 97 s 3 sch 1 om 1996 No. 25 s 28 sch 1 SCHEDULE 2--MEETING PROCEDURE ins 1987 No. 57 s 39 amd 1996 No. 13 s 54 SCHEDULE 3--CHANGE IN NAME OF BODIES ins 1987 No. 57 s 39 om 1996 No. 59 s 79

´

8

List of forms

Form 1 version 1--Nomination Form (Mill Suppliers' Committee) pubd gaz 23 June 1995 p 1370 Form 2 version 1--Nomination Form (District Cane Growers' Executives) pubd gaz 23 June 1995 p 1370 Form 3 version 1--Ballot Paper pubd gaz 10 February 1995 p 546 Form 4 version 1--Returning Officer's declaration pubd gaz 10 February 1995 p 546

131 Primary Producers' Organisation and Marketing Act 1926

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9

Orders in council amending Act

Primary Producers' Organisation and Marketing Act 1926 NOTE: The Primary Producers' Organisation and Marketing Act 1926 has from time to time been amended in respect to various commodity boards and State councils mentioned hereunder, by orders in council as follows--
Board Atherton Tableland Maize Marketing Board Date of gazettal of order in council 21 June 1927 p 2051 Section of Act amended Inserting new section 14(d).

30 July 1927 pp 250­1 6 October 1928 p 1202 31 May 1930 pp 1926­7

17 September 1938 p 896

12 April 1969 pp 1248­9

15 November 1969 pp 1150­1 16 August 1986 p 2571 Barley Board Marketing 28 June 1930 pp 2173­4

Inserting new paragraph (c) of subsection (4) of section 15. Adding new subsection (vi) to section 14. Inserting new section 15(1) and adding new subsections (a) and (b) thereto. Inserting new sections 21 and 21(a). Repealing section 15(1) and inserting new section 15(1) in lieu. Repealing subsection (1) of section 15 and inserting new subsection (1) in lieu. Inserting new section 14N Amending subsections (vi), (vii) and (ix) of section 5. Inserting new section 14(1), an d a dd i ng new subsection (12) to section 19. Inserting new subsection (6) to section 14(1). Adding new paragraph to subsection (3) of section 15. Substituting new subsection (1) of section 15 for subsection (1) of

25 April 1942 p 1310 19 November 1955 p 1343 2 November pp 932­7 1957

132 Primary Producers' Organisation and Marketing Act 1926
section 15; amending subsection (3) of section 15; inserting new sections 21A, 21B, 21C, 21D, 21E, 21F, 21G and 21H in lieu of section 21; adding new paragraph to subsection (3) of section 31; repealing subsection (4) of section 31 and inserting new subsection (4) of section 31 in lieu. Adding paragraph (d) to subsection (1) of section 14(I). Subsection (2) of section 18. Section 14Q. First paragraph of section 14(I)(1) deleted and new first paragraph inserted in lieu thereof. Section 21D. Section 21D. Subsection 2 of section 18. Subsection 2 of section 18. Subsection 2 of section 18. Subsection (2) of section 18. Inserting new subsection (2) to section 18. Inserting new subsection (2) to section 18. Inserting new subsection (2) to section 18; repealing subsections (4), (5) and (6) of section 15, and inserting new section 15A; inserting subsection (6) of section 31. Subsection (2) of section 18. Inserting new section 14(A) and new subsection (5) to section 19. Inserting new paragraph (1) to subsection (2) of section 18. Inserting new subsection (v) to section 13.

16 March 1963 pp 1015­16 18 July 1970 p 1516 27 October 1973 p 1055 6 September 1975 p 29

Butter Board

Marketing

26 May 1979 pp 684­5 11 October 1980 p 6915 5 December 1981 p 1435 10 September 1983 p 136 17 December 1983 p 1680 25 February 1928 pp 882­3 16 February 1929 pp 420­1 13 April 1933 pp 1479­82 15 November pp 1429­35 1935

23 January 1937 pp 105­6 26 June 1943 pp 1820­1

28 August 1943 p 800

133 Primary Producers' Organisation and Marketing Act 1926
9 April 1949 p 1225 20 January 1951 p 148 Inserting new subsection (v) to section 13. Inserting new subclause (d) of subsection (1) of section 14(A); repealing subsection (4) of section 14(A); and inserting new subsection (4) of section 14(A). Amending subsections (1) and (4) of section 14(A); repealing subsection (5) of section 14(A); and inserting new subsection (5) of section 14(A); amending subsection (5) of section 19. Inserting new section 13. Subsection (2) of section 18. Subsection (1) of section 14(A). Inserting new section 18.

21 March 1953 pp 979­80

21 November 1959 pp 1876­7 6 October 1962 pp 404­5 22 February 1986 p 671 Central Queensland Egg Marketing Board 29 March 1947 pp 972­3

24 July 1948 pp 684­5 18 June 1955 pp 846­7 15 April 1961 pp 2064­6

21 March 1970 pp 1075­6 26 July 1976 p 2267

Central Queensland Grain Sorghum Marketing Board

10 March 1956 pp 761­3

Inserting new sections 15(1) and 21. Adding subparagraph (a) to paragraph (iii) of section 13. Amending subsections (5) and (6) of section 21 and inserting new sections 21A, 21B, 21C, 21D, 21E and 21F. Inserting new section 14Q. Omitting section 21A and substituting a new section 21A. Inserting new section 14M; substituting new subsection (1) of section 15 in lieu of subsection (1) of section 15; adding new paragraph to subsection (3) of section 15; repealing subsections (4), (5) and (6) of

134 Primary Producers' Organisation and Marketing Act 1926
section 15; inserting new section 15A; substituting new section 18 for section 18; adding new subsection (13) to section 19. Amending paragraph (a) of subsection (1) of section 15; amending subsection (3) of section 15; repealing second paragraph of subsection (3) of section 15; substituting sections 21A, 21B, 21C, 21D, 21E, 21F, 21G and 21H for section 21; adding new paragraph to subsection (3) of section 31; repealing subsection (4) of section 31 and inserting new subsection (4) of section 31 in lieu. Amending paragraph (a) of subsection (2) of section 18; amending subsections (10) and (12) of section 21A; repealing subsection (9) of section 21B; repealing subsection (2) of section 21C; renumbering subsection (3) of section 21C as subsection (2); amending subsections (1), (3), and (4) of section 21D; amending subsections (1) and (2) of section 21F; inserting new section 21I. Omitting subsection (5) of section 18 and substituting new subsection (5). Omitting subsection (1) of section 14M and substituting new subsection (1). Amending subsection (5) of section 18 by inserting two additional paragraphs therein.

7 December pp 1651­6

1957

23 August 1958 pp 2956­8

12 May 1974 p 368

28 July 1984 p 1863

16 August 1986 p 2571

135 Primary Producers' Organisation and Marketing Act 1926
Cotton Board Marketing 5 March 1927 pp 757­8 Inserting new section 14A and adding subsection (5) to section 19. Amending above order in council gazetted 5 March 1927. Amending above order in council gazetted 5 March 1927. Adding new subsection (vii) to section 14. Inserting new subsection (iv) to section 13. Adding new subsection (5A) to section 18. Adding proviso to subsection (5A) to section 18. Adding new subsection (5) to section 14A. Inserting new subsection (5B) to section 18. Amending subsection (5A) of section 18 and deleting subsection (5B). Inserting new subsection (1) of section 15. Subsection (1) of section 15. Adding new subsection (6) to section 14A. Subsection (2) of section 15. Renumbering section 14A as section 14B and amending subsection (1) thereof. Subsections (5) and (6) of section 14(B). Subsections (1) and (5) of section 14(B). Subsection (5A) of section 18. Subsection (5A) of section 18. Inserting new section 14E and adding new subsection (8) to section 19. Amending above order in council gazetted 25 June 1927.

16 April 1927 p 1257

23 July 1927 p 199

31 May 1930 pp 1925­6 2 April 1932 p 1395 28 August 1937 p 563 25 December 1943 p 1747 22 December 1945 p 1549 31 October 1953 p 997 4 December 1965 p 1297

11 March 1967 pp 927­8 12 October 1968 pp 492­3 2 November 1968 pp 807­8 21 January 1978 p 186 15 April 1978 p 1472

20 January 1979 p 182 7 April 1979 p 1318 19 June 1982 p 1592 23 June 1984 p 1334 25 June 1927 pp 2079­80

Egg Board

Marketing

136 Primary Producers' Organisation and Marketing Act 1926
23 July 1927 p 199 1 August 1936 pp 436-7 Amending above order in council gazetted 25 June 1927. Inserting new section 18; inserting new provision after the fourth provision in subparagraph (f) of paragraph (iii) of subsection (1) of section 33. Inserting new subsection (6) of section 18. Adding new paragraph (ixA) to subsection (6) of section 18. Subsection (6) of section 18. Adding new paragraph (viA) to subsection (6) of section 18. Inserting new sections 15(1) and 21. Adding provision to subparagraph (f) of paragraph (iii) of subsection (1) of section 33. Adding proviso to paragraph (iv) of subsection (6) of section 18. Adding new subsection (5) to section 14E. Adding further proviso to paragraph (iv) of subsection (6) of section 18. Adding new section 14A. Amending subsection (1) of section 14E, and adding new paragraphs (d) and (e) to such subsection; amending paragraphs (iv) and (ix) of subsection (6) of section 18. Amending part (b) of clause 3 and part (i) of clause 4. Deleting subsection (5) of section 14(e). Deleting subsection (6) of section 18.

5 November 1938 pp 1954­5 13 April 1940 pp 1451­2 7 December 1940 pp 1689­90 27 September 1941 p 1124 27 September 1941 pp 1125­6 28 November 1942 p 1696

5 August 1944 pp 198­9

16 December 1944 p 1170 3 November 1945 p 1009

13 December pp 2269­70 20 December pp 2417­18

1947 1947

20 October 1951 pp 535­6

137 Primary Producers' Organisation and Marketing Act 1926
Amending subsections (1) and (6) of section 21. Paragraph (a) of subsection (1) of section 15. Substituting new subsection (5) of section 21 for subsection (5) of section 21; amending subsection (6) of section 21; inserting new sections 21A, 21B, 21C, 21D, 21E and 21F. Amending schedule to section 21C. Adding new subsection (5) to section 14(E). Section 21E. Inserting new section 14P. Inserting subsection (6) to section 14(E). Rescinding subsection (4) and amending section (5) of section 18. Renumbering clause (5) as clause (4) of section 18 and inserting new clause (5). Section 18(5). Rescinding subsection 18(2) and inserting new subsection 18(2). Inserting new subsection (1) of section 15 and adding new subsection to section 15 after subsection (3) thereof; inserting new sections 21 and 21A. Adding new section 14(I). Repealing subsections (4), (5) and (6) of section 15 and inserting new section 15A. Inserting new section 14(J) an d a dd i ng new subsection (13) to section 19.

1 March 1952 pp 782­3 21 December pp 2032­3 1957

15 February 1958 p 516 26 June 1965 p 1140 12 February 1966 pp 1148­9 21 March 197 pp 1074­5 19 December 1970 pp 1537­8 20 May 1972 pp 391­2

7 March 1981 p 780

27 October 1984 p 893 21 September 1985 p 251

Ginger Board

Marketing

3 October 1942 pp 939­40

25 December 1943 p 1746 5 March 1955 p 882

Navy Bean Marketing Board

13 November pp 2668­9

1948

138 Primary Producers' Organisation and Marketing Act 1926
20 April 1968 pp 1589­90 13 September 1975 p 117 11 June 1977 p 953 30 June 1984 p 1467 30 August 1930 pp 951­2 Inserting new subsections (1) and (2) to section 15. Section 14(J)(1). Adding to subsection (6) of section 14(J). Section 14(5)(1). Adding new subsection (viii) to section 14, and new subsection (7) to section 15; adding new section 14H, and new subsection (11) to section 19; adding new subsections (c) and (d) to section 15(1), and amending section 15(2). Amending section 14H, and amending subsection (11) of section 19. Adding new subsection (5) to section 29. Section 18 deleted and new section 18 inserted. Subsection (7) of section 15. Omitting section 30(1); substituting section 30(2)­(8).

Peanut Board

Marketing

16 July 1938 p 225

30 January 1943 pp 317­18 3 September 1966 p 29 1 July 1967 p 1060 3 December pp 1250­2

Qu e e n s l a n d Commercial Pig Producers State Council

1977

18 February 1978 p 837 28 July 1984 p 1863 Qu e e n s l a n d Dairymen's State Council 11 November pp 1136­8 1945

Substituting section 30(5). Amending section 30(5) and (7). Amending section 30; adding a new section 30(9). Amending section 30(3); adding a new section 30(7B). Adding a new section 30(7B). Amending section 30(2)­(6), (8) and (9). Inserting new s 30(8A). Amending section 30(7) and (7B); renumbering

11 January 1947 p 192 11 October 1947 pp 979­80 20 November 1948 p 2757 4 November 1950 p 2124­5 31 March 1951 p 1171

139 Primary Producers' Organisation and Marketing Act 1926
subsection (7B) (ins order in council 11 October 1947) as subsection (7C). Amending section 30(7B) and (8). Amending section 30(8). Amending section 30(5). Amending section 30(9). Substituting section 30(8A). Amending section 30(7B); adding new section 30(7D); amending section 30(8). Amending section 30(7D). Amending section 30. Amending section 30(5); substituting section 30(6), (7), (7B) and (7D). Amending schedule. Amending section 30(7D). Substituting section 30(2), (3) and (4); amending section 30(8). Inserting new subsection (1) of section 15; inserting new subsection (3) of section 15; inserting new section 18; adding subsection (13) to section 19. Adding new subsection 14(viii). Subsection (13). Section 14H (1) repealed and new section 14H (1) inserted. Subsection (13). Inserting new subsection (1) of section 15 and inserting new sections 18 and 21. Adding new section 14(K), an d a dd i ng new subsection (12) to section 19. Adding new paragraph to subsection (1) of section 18 and amending subsection (2) of section 18.

2 April 1955 p 1267 19 October 1957 p 776 23 August 1958 pp 2953­94 21 May 1960 p 738 22 July 1961 p 1116 23 December 1961 p 1310

28 June 1969 p 1137 24 January 1976 pp 255­6 27 March 1976 pp 1199­200 7 June 1980 p 931 17 April 1982 p 1724 27 June 1987 pp 2242­3

Rice Board

Marketing

13 November pp 1176­8

1971

8 June 1974 p 835 2 July 1983 p 1463 28 April 1984 p 1786 8 December 1984 p 1937 20 November 1948 pp 2755­6 21 May 1949 pp 2150­1

Tobacco Leaf Marketing Board

140 Primary Producers' Organisation and Marketing Act 1926
30 January 1954 p 251 Adding new paragraph to subsection (1) of section 18 and amending subsection (2) of section 18. Amending section 18 and adding new subsections (5) and (16) to section 18. Adding new subsection (4AA) to section 11. Subsections (1) and (2) of section 18. Inserting new subparagraphs (g) and (h) after subparagraph (f) of paragraph (iii) of subsection (1) of section 33.

3 October 1959 pp 701­3

1 July 1961 p 844 16 March 1963 pp 1014­15 29 June 1968 p 1029

© State of Queensland 2000