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PRIMARY INDUSTRIES ACTS AMENDMENT AND REPEAL BILL 2007

         Queensland



Primary Industries Acts
Amendment and Repeal Bill
2007

 


 

 

Queensland Primary Industries Acts Amendment and Repeal Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Banana Industry Protection Act 1989 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new ss 31-38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 31 Transfer and dissolution . . . . . . . . . . . . . . . . . . . . . . . 5 32 Continuity of proceedings and matters. . . . . . . . . . . . 5 33 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 34 Members cease holding office . . . . . . . . . . . . . . . . . . 6 35 Secretary to the board . . . . . . . . . . . . . . . . . . . . . . . . 6 36 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 6 37 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 38 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Amendment of Sugar Industry Act 1999 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Omission of s 5 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 34 (Parties must use dispute resolution process stated in supply contract) . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Omission of ss 38 and 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 72 (Variation and cancellation of access right, dispute resolution and enforcement) . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 223 (Functions of commissioner) . . . . . . . . . . . 7 12 Amendment of s 228 (Commissioner's budget) . . . . . . . . . . . . . . 8 13 Amendment of s 230 (Commissioner's power to delegate) . . . . . 8

 


 

2 Primary Industries Acts Amendment and Repeal Bill 2007 14 Insertion of new ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Chapter 9 Transitional provisions for Primary Industries Acts Amendment and Repeal Act 2007 288 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 289 Existing mediation or arbitration for dispute about terms of supply contract . . . . . . . . . . . . . . . . . . . . . . . 9 290 Dispute about terms of supply contract in transitional period ...................... 9 291 Variation of existing supply contract . . . . . . . . . . . . . . 10 292 New supply contracts . . . . . . . . . . . . . . . . . . . . . . . . . 10

 


 

2007 A Bill for An Act to amend and repeal the Banana Industry Protection Act 1989, and to amend the Sugar Industry Act 1999

 


 

s1 4 s4 Primary Industries Acts Amendment and Repeal Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Primary Industries Acts 4 Amendment and Repeal Act 2007. 5 Clause 2 Commencement 6 Part 3 of this Act commences on the later of the following-- 7 1 July 2007 8 the date of assent. 9 Part 2 Amendment of Banana 10 Industry Protection Act 1989 11 Clause 3 Act amended in pt 2 12 This part amends the Banana Industry Protection Act 1989. 13 Clause 4 Amendment of s 3 (Definitions) 14 Section 3-- 15 insert-- 16 `amendment Act means the Primary Industries Acts 17 Amendment and Repeal Act 2007. 18 dissolution day means the date of assent of the amendment 19 Act.'. 20

 


 

s5 5 s5 Primary Industries Acts Amendment and Repeal Bill 2007 Clause 5 Insertion of new ss 31-38 1 After section 30-- 2 insert-- 3 `31 Transfer and dissolution 4 `On the dissolution day-- 5 (a) amounts in the fund become the assets of the State; and 6 (b) the liabilities mentioned in section 14(3) become 7 liabilities of the State; and 8 (c) the board is dissolved. 9 `32 Continuity of proceedings and matters 10 `(1) A proceeding by or against the board that has not been 11 finished before the dissolution day may be continued and 12 finished by or against the State. 13 `(2) If, because of an event that happened before the dissolution 14 day, a proceeding could have been started by or against the 15 board, it may be started by or against the State after the 16 dissolution day. 17 `33 Employees 18 `(1) The employment of a person employed by the board 19 immediately before the dissolution day is ended on the 20 dissolution day, and is taken to be lawfully terminated under 21 the Industrial Relations Act 1999. 22 `(2) The person has the rights given to an employee whose 23 employment has been lawfully terminated under that Act. 24 `(3) The rights given to the person may be exercised against the 25 State as if the State had been the employer who terminated the 26 person's employment. 27

 


 

s5 6 s5 Primary Industries Acts Amendment and Repeal Bill 2007 `34 Members cease holding office 1 `(1) Each person who, immediately before the dissolution day, 2 was a member of the board goes out of office on the 3 dissolution day. 4 `(2) No compensation is payable because of subsection (1). 5 `35 Secretary to the board 6 `(1) This section applies to an appointment, in force immediately 7 before the dissolution day, of a person as the secretary to the 8 board. 9 `(2) On the dissolution day, the person goes out of office. 10 `(3) No compensation is payable because of subsection (2). 11 `(4) To remove any doubt, it is declared that subsection (2) does 12 not affect the secretary's employment as a public service 13 employee. 14 `36 Authorised persons 15 `A person authorised by the board to exercise powers under 16 section 21, is, on and from the dissolution day, no longer 17 authorised to exercise the powers. 18 `37 Offences 19 `(1) Proceedings for an offence against the Act may, from the 20 dissolution day, be continued or started by the State and the 21 provisions of the Act necessary or convenient to be used in 22 relation to the proceedings continue to apply as if the 23 amendment Act had not commenced. 24 `(2) This section is declared to be a law to which the Acts 25 Interpretation Act 1954, section 20A, applies. 26 `38 Repeal 27 `This Act is repealed immediately after the dissolution day.'. 28

 


 

s6 7 s 11 Primary Industries Acts Amendment and Repeal Bill 2007 Part 3 Amendment of Sugar Industry 1 Act 1999 2 Clause 6 Act amended in pt 3 3 This part amends the Sugar Industry Act 1999. 4 Clause 7 Omission of s 5 (Notes in text) 5 Section 5-- 6 omit. 7 Clause 8 Amendment of s 34 (Parties must use dispute resolution 8 process stated in supply contract) 9 (1) Section 34(2)-- 10 omit. 11 (2) Section 34(3)-- 12 renumber as section 34(2). 13 Clause 9 Omission of ss 38 and 39 14 Sections 38 and 39-- 15 omit. 16 Clause 10 Amendment of s 72 (Variation and cancellation of access 17 right, dispute resolution and enforcement) 18 (1) Section 72(9)-- 19 omit. 20 (2) Section 72(10) and (11)-- 21 renumber as section 72(9) and (10). 22 Clause 11 Amendment of s 223 (Functions of commissioner) 23 (1) Section 223(b) and (c)-- 24

 


 

s 12 8 s 14 Primary Industries Acts Amendment and Repeal Bill 2007 omit. 1 (2) Section 223(d)-- 2 renumber as section 223(b). 3 Clause 12 Amendment of s 228 (Commissioner's budget) 4 (1) Section 228(3), `QSL and'-- 5 omit. 6 (2) Section 228(4) and (6)-- 7 omit. 8 (3) Section 228(5) and (7)-- 9 renumber as section 228(4) and (5). 10 Clause 13 Amendment of s 230 (Commissioner's power to delegate) 11 Section 230(2)-- 12 omit. 13 Clause 14 Insertion of new ch 9 14 After section 287-- 15 insert-- 16 `Chapter 9 Transitional provisions for 17 Primary Industries Acts 18 Amendment and Repeal Act 19 2007 20 `288 Definitions for ch 9 21 `In this chapter-- 22 commencement means the commencement of this chapter. 23 former dispute resolution provisions means sections 38 and 24 39, as in force immediately before the commencement. 25

 


 

s 14 9 s 14 Primary Industries Acts Amendment and Repeal Bill 2007 transitional period means the period of 3 years starting on the 1 commencement. 2 `289 Existing mediation or arbitration for dispute about 3 terms of supply contract 4 `(1) This section applies if-- 5 (a) before the commencement, a party to a supply contract 6 asked the commissioner to refer a dispute about the 7 terms of a supply contract to mediation; and 8 (b) immediately before the commencement-- 9 (i) the commissioner had not referred the dispute to 10 mediation; or 11 (ii) the mediation had started but not finished; or 12 (iii) the mediation had finished but the dispute had not 13 been resolved; or 14 (iv) the commissioner had referred the dispute to an 15 arbitrator but the arbitration had not finished. 16 `(2) The former dispute resolution provisions continue to apply to 17 the dispute as if the provisions were still in force. 18 `290 Dispute about terms of supply contract in 19 transitional period 20 `(1) This section applies if-- 21 (a) a dispute arises, in the transitional period, between any 22 or all of the parties to a supply contract; and 23 (b) when the dispute arises, the process for dispute 24 resolution stated in the supply contract applies the 25 former dispute resolution provisions. 26 `(2) The parties to the supply contract must attempt to resolve the 27 dispute by using the process that applies the former dispute 28 resolution provisions as if the provisions were still in force. 29

 


 

s 14 10 s 14 Primary Industries Acts Amendment and Repeal Bill 2007 `291 Variation of existing supply contract 1 `(1) This section applies if, at the end of the transitional period, the 2 process for dispute resolution stated in a supply contract 3 applies the former dispute resolution provisions. 4 `(2) The parties to the supply contract must, as soon as practicable 5 after the end of the transitional period, vary the contract to 6 state another dispute resolution process to apply after the 7 transitional period. 8 `(3) The other dispute resolution process can not apply a process 9 that provides for asking the commissioner to refer the dispute 10 to mediation. 11 `(4) Whether or not the parties comply with subsection (2), after 12 the transitional period, the supply contract is taken not to 13 apply the former dispute resolution provisions. 14 `292 New supply contracts 15 `A supply contract entered into on or from the commencement 16 can not, in stating a process for dispute resolution, apply a 17 process that provides for asking the commissioner to refer the 18 dispute to mediation.'. 19 State of Queensland 2007

 


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