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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SUGAR INDUSTRY
AMENDMENT BILL 2003
Queensland
SUGAR INDUSTRY AMENDMENT BILL
2003
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 82 (Closure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
82 Closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 84 (Continuation of mill suppliers' committee for
particular purpose) ........................................ 5
6 Insertion of new ch 3, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 100 (Vesting of sugar in QSL) . . . . . . . . . . . . . . . . . . . . . . 5
8 Insertion of new s 102A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
102A Charge in favour of growers on amounts payable to mill owner . . . . 6
9 Insertion of new ch 3, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--EXEMPTIONS FROM VESTING IN QSL
Division 1--Obtaining vesting exemption
107A Power to exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
107B Who may apply for vesting exemption . . . . . . . . . . . . . . . . . . . . . . . 7
107C Requirements for application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
107D QSL may seek further information or documents . . . . . . . . . . . . . . . 8
107E Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
107F Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Amending vesting exemption
107G Application to amend vesting exemption. . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Cancellation or suspension of vesting exemption
107H Power to cancel or suspend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Sugar Industry Amendment Bill 2003
107I Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
107J Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
107K Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
107L Notice and taking of effect of proposed action decision . . . . . . . . . . 11
10 Amendment of s 124 (Minister's directions to QSL) . . . . . . . . . . . . . . . . . . 11
11 Amendment of s 234 (Appeal to Magistrates Court) . . . . . . . . . . . . . . . . . . 12
12 Omission of s 246 (Sugar price directions) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Omission of s 342 (Minister's directions to Queensland Sugar Corporation) 12
14 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--TRANSITIONAL PROVISION FOR SUGAR INDUSTRY
AMENDMENT ACT 2003
344 Cessation of existing domestic sugar prices directions . . . . . . . . . . . 13
15 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2003
A BILL
FOR
An Act to amend the Sugar Industry Act 1999
s1 4 s4
Sugar Industry Amendment Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Sugar Industry Amendment Act 2003. 3
2 Commencement
Clause 4
(1) Sections 1 to 5, 7(2) and 8 commence, or are taken to have 5
commenced, on the earlier of the following days-- 6
(a) the date of assent; 7
(b) 15 April 2003. 8
(2) The remaining provisions of this Act commence on the date of 9
assent. 10
3 Act amended
Clause 11
This Act amends the Sugar Industry Act 1999. 12
4 Replacement of s 82 (Closure)
Clause 13
Section 82-- 14
omit, insert-- 15
`82 Closure 16
`(1) A mill owner may close a mill in any year-- 17
(a) only after the crushing season for that year ends; and 18
(b) only if the owner has given notice to each grower whose cane 19
production area relates to the mill (an "affected grower") of the 20
owner's intention to close the mill after the crushing season ends. 21
`(2) The notice must-- 22
(a) state that the mill owner intends to close the mill after the 23
crushing season ends; and 24
(b) can not be given after 1 May in any year. 25
s5 5 s7
Sugar Industry Amendment Bill 2003
`(3) If the mill owner closes the mill in contravention of this section, the 1
owner is liable to each affected grower for any loss suffered because of the 2
contravention. 3
`(4) However, the liability to an affected grower is subject to any 4
agreement between the owner and the affected grower.'. 5
5 Amendment of s 84 (Continuation of mill suppliers' committee for
Clause 6
particular purpose) 7
Section 84(4)-- 8
omit, insert-- 9
`(4) The committee's function is to represent the previous growers' 10
interests. 11
12
Example--
13
If another mill is available for land included in the growers' cane production areas
14
relating to the closed mill, the function includes helping them negotiate cane
15
production areas for the other mill.'.
6 Insertion of new ch 3, pt 1, hdg
Clause 16
Chapter 3, before section 100-- 17
insert-- 18
`PART 1--VESTING OF SUGAR IN QSL AND 19
MARKETING OF VESTED SUGAR'. 20
7 Amendment of s 100 (Vesting of sugar in QSL)
Clause 21
(1) Section 100-- 22
insert-- 23
`(1A) However, the sugar does not become the property of QSL if a 24
vesting exemption is in force for the sugar.1'. 25
1 See part 2 (Exemptions from vesting in QSL).
s8 6 s8
Sugar Industry Amendment Bill 2003
(2) Section 100-- 1
insert-- 2
`(4) This section is subject to section 102A.'. 3
(3) Section 100(1A) to (4)-- 4
renumber as section 100(2) to (5). 5
8 Insertion of new s 102A
Clause 6
After section 102-- 7
insert-- 8
`102A Charge in favour of growers on amounts payable to mill owner 9
`(1) This section applies if-- 10
(a) under a payment scheme, an amount (the "charged amount") is 11
payable by QSL to a mill owner for sugar vested in QSL; and 12
(b) a grower is a party to a supply agreement with the mill owner. 13
`(2) The grower has a charge on the charged amount. 14
`(3) The charge-- 15
(a) secures payment in accordance with the supply agreement of all 16
amounts that are payable to the grower for cane supplied under 17
the agreement; and 18
(b) has priority over any other charge or security over the charged 19
amount. 20
`(4) However, if more than 1 grower has a charge on the charged amount 21
and the charged amount is insufficient to secure payment to all the growers, 22
the amount secured under subsection (3)(a) for each of the growers is 23
reduced ratably. 24
`(5) This section is declared to be a Corporations legislation 25
displacement provision for the Corporations Act, section 5G, in relation to 26
chapters 2K and 5 of that Act.2'. 27
2 Corporations Act, section 5G (Avoiding direct inconsistency arising between the
Corporations legislation and State and Territory laws) and chapters 2K (Charges)
and 5 (External administration)
s9 7 s9
Sugar Industry Amendment Bill 2003
9 Insertion of new ch 3, pt 2
Clause 1
After section 107-- 2
insert-- 3
`PART 2--EXEMPTIONS FROM VESTING IN QSL 4
`Division 1--Obtaining vesting exemption 5
`107A Power to exempt 6
`(1) QSL may, under this part, exempt sugar manufactured by a mill 7
from vesting, under section 100, in QSL (a "vesting exemption"). 8
`(2) A vesting exemption may be granted for-- 9
(a) the whole or a stated part of sugar manufactured by the mill; or 10
(b) a stated period or indefinitely. 11
`107B Who may apply for vesting exemption 12
`(1) The following may apply for a vesting exemption for a mill-- 13
(a) the owner of the mill; 14
(b) a grower whose cane production area relates to the mill. 15
`(2) However, the application can be made only if more than half of the 16
growers who have entered into, or who are taken to have entered into, the 17
collective agreement for the mill have agreed to the application. 18
`(3) The agreement may be provided for in the collective agreement or 19
given by other writing. 20
`107C Requirements for application 21
`(1) The application must state each of the following-- 22
(a) the applicant's name and address; 23
(b) the mill for which the exemption is sought; 24
(c) the period of the vesting exemption is sought; 25
(d) the sugar for which the vesting exemption is sought; 26
s9 8 s9
Sugar Industry Amendment Bill 2003
(e) the proposed use of the sugar to be exempted. 1
2
Example of a proposed use of exempted sugar--
3
Using it to produce ethanol.
`(2) The application must be accompanied by the fee prescribed under a 4
regulation. 5
`107D QSL may seek further information or documents 6
`(1) QSL may, after the application has been made, give the applicant a 7
notice requiring the applicant-- 8
(a) to give it a stated document or information that is relevant to the 9
application; or 10
(b) to verify the correctness of the document or information by 11
statutory declaration. 12
`(2) However, the notice may be given only within 15 business days 13
after QSL receives the application. 14
`(3) The application is taken to be withdrawn if, within the stated time in 15
the notice, the applicant does not comply with a requirement under 16
subsection (1). 17
`107E Deciding application 18
`(1) QSL must consider and decide either to grant or refuse the 19
application within 28 business days after the last of the following events to 20
happen-- 21
(a) the making of the application; 22
(b) if, under section 107F, QSL has required the applicant to give a 23
document or information--the giving of the required document 24
or information. 25
`(2) QSL may refuse the application if it considers the granting of the 26
application or the proposed use of the sugar would interfere with any of its 27
existing sugar marketing arrangements. 28
`(3) In making the decision, QSL must consider any criteria prescribed 29
under a regulation. 30
`(4) If QSL decides to grant the application, it may decide to impose 31
conditions on the vesting exemption it considers necessary or desirable to 32
s9 9 s9
Sugar Industry Amendment Bill 2003
ensure the sugar exempted is used only for the purpose for which the 1
exemption is granted. 2
`(5) A condition imposed under subsection (4) is called an "exemption 3
condition". 4
`107F Notice of decision 5
`(1) If QSL decides to grant the application, QSL must give the applicant 6
notice of the decision as soon as practicable after making the decision. 7
`(2) The notice must state each of the following-- 8
(a) that the vesting exemption has been granted; 9
(b) the sugar and any period to which the exemption applies; 10
(c) the purpose for which the exempted sugar may be used; 11
(d) any exemption condition. 12
`(3) If QSL makes a decision as follows, it must, as soon as practicable 13
after making the decision, give the applicant an information notice about 14
the decision-- 15
(a) a decision to refuse the application; 16
(b) a decision about any of the following, unless the applicant has 17
agreed to or requested the decision-- 18
(i) the sugar or any period to which the vesting exemption 19
applies; 20
(ii) the purpose for which exempted sugar may be used; 21
(iii) an exemption condition. 22
`Division 2--Amending vesting exemption 23
`107G Application to amend vesting exemption 24
`(1) If a vesting exemption is in force, a person who, under section 107B, 25
may apply for the exemption may at any time apply to QSL to amend the 26
exemption. 27
`(2) Sections 107C to 107F apply, with necessary changes, to the 28
application as if it were an application for a vesting exemption. 29
s9 10 s9
Sugar Industry Amendment Bill 2003
`Division 3--Cancellation or suspension of vesting exemption 1
`107H Power to cancel or suspend 2
`QSL may cancel or suspend a vesting exemption only-- 3
(a) on the ground that a person has used sugar the subject of the 4
exemption for a purpose other than a purpose for which the 5
exemption was granted; and 6
(b) if the procedure under sections 107I to 107L is followed. 7
`107I Show cause notice 8
`(1) If QSL proposes to cancel or suspend the vesting exemption, it must 9
give the person who applied for the exemption a notice stating each of the 10
following-- 11
(a) the action (the "proposed action") QSL proposes to take under 12
section 107H; 13
(b) that QSL believes a person has used sugar the subject of the 14
exemption for a purpose other than a purpose for which the 15
exemption was granted; 16
(c) the facts and circumstances that are the basis for the belief; 17
(d) if the proposed action is to amend--the proposed amendment; 18
(e) if the proposed action is to suspend--the proposed suspension 19
period; 20
(f) that the person who applied for the exemption may make, within 21
a stated period, written submissions to show why the proposed 22
action should not be taken. 23
`(2) The stated period must end at least 28 business days after the notice 24
is given. 25
`107J Considering submissions 26
`(1) QSL must consider any written submission made under 27
section 107I(1)(f) by the person who applied for the exemption within the 28
period stated in the notice. 29
`(2) If QSL at any time decides not to take the proposed action, it must, 30
as soon as practicable, give the person notice of the decision. 31
s 10 11 s 10
Sugar Industry Amendment Bill 2003
`107K Decision on proposed action 1
`If, after complying with section 107J, QSL still believes a person has 2
used sugar the subject of the vesting exemption for a purpose other than a 3
purpose for which the exemption was granted, it may decide to-- 4
(a) if the proposed action was to suspend for a stated 5
period--suspend for no longer than the proposed suspension 6
period; or 7
(b) if the proposed action was to cancel-- 8
(i) cancel the vesting exemption; or 9
(ii) suspend it for a stated period. 10
`107L Notice and taking of effect of proposed action decision 11
`(1) QSL must, as soon as practicable after making a decision under 12
section 107K, give the person who applied for the exemption an 13
information notice about the decision. 14
`(2) The decision takes effect on the later of the following-- 15
(a) the day the information notice is given; 16
(b) a later day of effect stated in the notice.'. 17
10 Amendment of s 124 (Minister's directions to QSL)
Clause 18
(1) Section 124(1), after `powers'-- 19
insert-- 20
`other than in relation to the pricing of raw sugar for sale to domestic 21
customers'. 22
(2) Section 124(3)-- 23
omit. 24
(3) Section 124(4), `any other type of direction'-- 25
omit, insert-- 26
`a direction'. 27
(4) Section 124(10)-- 28
omit. 29
s 11 12 s 14
Sugar Industry Amendment Bill 2003
(5) Section 124(4) to (9)-- 1
renumber as section 124(3) to (8). 2
11 Amendment of s 234 (Appeal to Magistrates Court)
Clause 3
Section 234(1)-- 4
insert-- 5
`(h) a person who has applied for a vesting exemption who is 6
dissatisfied with a decision by QSL to refuse the application or a 7
decision by QSL about any of the following-- 8
(i) the sugar or any period to which the vesting exemption 9
applies; 10
(ii) the purpose for which exempted sugar may be used; 11
(iii) an exemption condition. 12
(i) a person who is dissatisfied with a decision by QSL to cancel or 13
suspend a vesting exemption.'. 14
12 Omission of s 246 (Sugar price directions)
Clause 15
Section 246-- 16
omit. 17
13 Omission of s 342 (Minister's directions to Queensland Sugar
Clause 18
Corporation) 19
Section 342-- 20
omit. 21
14 Insertion of new ch 10, pt 3
Clause 22
After section 343-- 23
insert-- 24
s 15 13 s 15
Sugar Industry Amendment Bill 2003
`PART 3--TRANSITIONAL PROVISION FOR SUGAR 1
INDUSTRY AMENDMENT ACT 2003 2
`344 Cessation of existing domestic sugar prices directions 3
`(1) This section applies to a direction given under section 124 or a 4
direction under the repealed Act continued in effect under section 322.3 5
`(2) From the date of assent for the Sugar Industry Amendment Act 2003, 6
the direction ceases to have effect to the extent it relates to the pricing of 7
raw sugar for sale to domestic customers.'. 8
15 Amendment of schedule (Dictionary)
Clause 9
Schedule, definition "closed mill"-- 10
omit, insert-- 11
` "closed mill", for chapter 2, part 5, division 4, means a mill closed under 12
section 82. 13
"exemption condition" see section 107E(5). 14
"proposed action" see section 107I(1)(a). 15
"vesting exemption" see section 107A(1).'. 16
3 Sections 124 (Minister's directions to QSL) and 322 (Minister's directions to
corporation)
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