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Queensland
Sugar Industry Amendment
Bill 2005
Queensland
Sugar Industry Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of ch 3 (Marketing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 109 (Reports to Minister) . . . . . . . . . . . . . . . . . 6
6 Amendment of s 110 (Minister's directions) . . . . . . . . . . . . . . . . . 6
7 Replacement of s 111 (Minister's directions in entities' annual
report) ........................................ 7
111 Minister's directions in commissioner's annual
report ............................. 7
8 Omission of s 112 (Review of sugar vesting scheme) . . . . . . . . . 7
9 Omission of ch 4, pt 3 (Queensland Sugar Limited). . . . . . . . . . . 8
10 Omission of ch 4, pt 4 (The Sugar Authority) . . . . . . . . . . . . . . . . 8
11 Amendment of s 223 (Functions of commissioner) . . . . . . . . . . . 8
12 Amendment of s 223A (Powers of commissioner) . . . . . . . . . . . . 8
13 Amendment of s 227 (Commissioner's independence) . . . . . . . . 8
14 Amendment of s 228 (Commissioner's budget) . . . . . . . . . . . . . . 9
15 Amendment of s 230 (Commissioner's power to delegate) . . . . . 9
16 Omission of s 234A (Appeal to District Court--exemption
application) .................................... 9
17 Replacement of ss 243-246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
243 Pooled export contracts . . . . . . . . . . . . . . . . . . . . . . . 9
244 Pooled domestic contract to satisfy refiner supply
contract made before 30 October 2004 . . . . . . . . . . . 11
245 Pooled export and domestic contract . . . . . . . . . . . . . 12
18 Amendment of s 247 (Injunctions) . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Omission of s 254 (Indemnity) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Replacement of ch 10 (Transitional provisions) . . . . . . . . . . . . . . 13
2
Sugar Industry Amendment Bill 2005
Chapter 8 Transitional provisions for Sugar Industry
Amendment Act 2005
Part 1 Preliminary
258 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
259 References to authority . . . . . . . . . . . . . . . . . . . . . . . 13
260 References to unamended Act . . . . . . . . . . . . . . . . . . 14
Part 2 Sugar vested in QSL
261 Payments by QSL to mill owners . . . . . . . . . . . . . . . . 14
262 Payment schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
263 Obligations of mill owners. . . . . . . . . . . . . . . . . . . . . . 14
Part 3 Exemptions
264 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
265 Late exemption applications . . . . . . . . . . . . . . . . . . . . 15
266 Decision made after commencement on late
exemption application. . . . . . . . . . . . . . . . . . . . . . . . . 16
267 Application for amendment of exemption . . . . . . . . . . 16
268 Improper use of exempt sugar after commencement. 16
269 Annual returns given after commencement . . . . . . . . 17
270 Further documents or information for annual return. . 17
271 Exempt matter after commencement . . . . . . . . . . . . . 17
272 False or misleading application for amendment of
exemption made after commencement . . . . . . . . . . . 18
273 Executive officers of corporation . . . . . . . . . . . . . . . . 18
Part 4 Queensland Sugar Limited
274 QSL's audited financial statements for 2005/2006
financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 5 Dissolution of Sugar Authority
275 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
276 Transfer and dissolution . . . . . . . . . . . . . . . . . . . . . . . 19
277 Continuity of proceedings and matters. . . . . . . . . . . . 19
278 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
279 Members cease holding office . . . . . . . . . . . . . . . . . . 20
Part 6 Appeals
280 Appeal to District Court against authority's decision . 20
Part 7 Competition policy legislation
281 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
282 Pooled export contracts made before
commencement ..................... 21
3
Sugar Industry Amendment Bill 2005
283 Export contracts made before commencement . . . . . 22
Part 8 Injunctions
284 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
285 Undecided applications taken to have been
withdrawn .......................... 24
286 Injunctions of no effect after commencement. . . . . . . 24
287 Non-application of ss 285 and 286 in relation to
improper use of exempt sugar . . . . . . . . . . . . . . . . . . 24
21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 25
2005
A Bill
for
An Act to amend the Sugar Industry Act 1999
s1 6 s6
Sugar Industry Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Sugar Industry Amendment Act 3
2005. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Sugar Industry Act 1999. 8
Clause 4 Omission of ch 3 (Marketing) 9
Chapter 3-- 10
omit. 11
Clause 5 Amendment of s 109 (Reports to Minister) 12
(1) Section 109(1) and (2)-- 13
omit, insert-- 14
`(1) If the Minister asks, the commissioner must give the Minister 15
a report about anything specified by the Minister about the 16
discharge by the commissioner of the commissioner's 17
functions under this Act or the commissioner's activities.'. 18
(2) Section 109(3)-- 19
renumber as section 109(2). 20
Clause 6 Amendment of s 110 (Minister's directions) 21
(1) Section 110(1) and (2)-- 22
omit, insert-- 23
s7 7 s8
Sugar Industry Amendment Bill 2005
`(1) The Minister may give the commissioner written directions 1
about the discharge of the commissioner's functions.'. 2
(2) Section 110(3), `entity'-- 3
omit, insert-- 4
`commissioner'. 5
(3) Section 110(4)(a), `entity of its functions'-- 6
omit, insert-- 7
`commissioner of the commissioner's functions'. 8
(4) Section 110(4)(b), `entity in writing that a direction is under 9
consideration and given it'-- 10
omit, insert-- 11
`commissioner in writing that a direction is under 12
consideration and given the commissioner'. 13
(5) Section 110(3) to (6)-- 14
renumber as section 110(2) to (5). 15
Clause 7 Replacement of s 111 (Minister's directions in entities' 16
annual report) 17
Section 111-- 18
omit, insert-- 19
`111 Minister's directions in commissioner's annual 20
report 21
`The commissioner must include in each annual report 22
prepared by the commissioner under the Financial 23
Administration and Audit Act 1977, section 46J,1 a report of 24
any direction given to the commissioner by the Minister 25
during the financial year for which the report is prepared.'. 26
Clause 8 Omission of s 112 (Review of sugar vesting scheme) 27
Section 112-- 28
omit. 29
1 Financial Administration and Audit Act 1977, section 46J (Annual report)
s9 8 s 13
Sugar Industry Amendment Bill 2005
Clause 9 Omission of ch 4, pt 3 (Queensland Sugar Limited) 1
Chapter 4, part 3-- 2
omit. 3
Clause 10 Omission of ch 4, pt 4 (The Sugar Authority) 4
Chapter 4, part 4-- 5
omit. 6
Clause 11 Amendment of s 223 (Functions of commissioner) 7
(1) Section 223(b) and (d)-- 8
omit. 9
(2) Section 223(e), `chapter 10;'-- 10
omit, insert-- 11
`chapter 8;2'. 12
(3) Section 223(c), (e) and (f)-- 13
renumber as section 223(b) to (d). 14
Clause 12 Amendment of s 223A (Powers of commissioner) 15
Section 223A(b), `chapter 10;'-- 16
omit, insert-- 17
`chapter 8; '.
3
18
Clause 13 Amendment of s 227 (Commissioner's independence) 19
Section 227(2)-- 20
omit. 21
2 See section 276 (Transfer and dissolution)
3 See section 276 (Transfer and dissolution)
s 14 9 s 17
Sugar Industry Amendment Bill 2005
Clause 14 Amendment of s 228 (Commissioner's budget) 1
Section 228(6), `chapter 10,'-- 2
omit, insert-- 3
`chapter 8,4'. 4
Clause 15 Amendment of s 230 (Commissioner's power to delegate) 5
(1) Section 230(1)-- 6
omit, insert-- 7
`(1) The commissioner may delegate the commissioner's powers 8
to an appropriately qualified member of the commissioner's 9
staff.'. 10
(2) Section 230(3)-- 11
renumber as section 230(2). 12
Clause 16 Omission of s 234A (Appeal to District Court--exemption 13
application) 14
Section 234A-- 15
omit. 16
Clause 17 Replacement of ss 243-246 17
Sections 243 to 246-- 18
omit, insert-- 19
`243 Pooled export contracts 20
`(1) This section applies to the negotiation, making or varying of, 21
or giving effect to, a contract (a pooled export contract) 22
between QSL and a mill owner-- 23
(a) for sugar manufactured by the mill owner to be sold by 24
QSL, as agent or on its own behalf, in export markets; 25
and 26
(b) under which payments by QSL to the mill owner-- 27
4 See section 275 (Transfer and dissolution).
s 17 10 s 17
Sugar Industry Amendment Bill 2005
(i) are made by reference to 1 or more pools of 2 or 1
more mill owners that aggregates prices payable 2
for sugar supplied or delivered by the mill owners 3
to QSL; and 4
(ii) may be calculated and made under a financial 5
incentive scheme of premiums, discounts and 6
allowances relating to the quality of sugar supplied 7
or delivered. 8
`(2) Subsection (1)(b)(i) applies whether or not there is an 9
arrangement or understanding between the mill owners about 10
the entering into of the contract. 11
`(3) The following things, whether done before or after the 12
commencement of this section, are specifically authorised for 13
the competition legislation-- 14
(a) the negotiation of, and the entering into, arrangements 15
or understandings about the terms of the contract-- 16
(i) between QSL and the mill owners; or 17
(ii) between or among the mill owners; 18
(b) the making of the contract; 19
(c) the variation of the contract; 20
(d) the supply or delivery of sugar by the mill owner to 21
QSL, and the acquisition or receipt of the sugar by QSL, 22
under the contract; 23
(e) the payment of a price for sugar by QSL to the mill 24
owner under the contract; 25
(f) the receipt of a price for sugar by the mill owner from 26
QSL under the contract; 27
(g) the calculation of the prices to be paid by QSL to each 28
mill owner by applying a formula apportioning some or 29
all of the sale proceeds and costs from the sugar sold in 30
export markets between some or all of the mill owners 31
who have entered into a pooled export contract; 32
(h) a financial incentive scheme of premiums, discounts and 33
allowances relating to the quality of sugar supplied or 34
delivered by the mill owner to QSL under the contract; 35
s 17 11 s 17
Sugar Industry Amendment Bill 2005
(i) the export by QSL of sugar acquired or received under 1
the contract. 2
`(4) This section expires on the later of the following days-- 3
(a) 30 September 2009; 4
(b) if a regulation made under this section before 30 June 5
2009 prescribes a later day of expiry--the later day. 6
`244 Pooled domestic contract to satisfy refiner supply 7
contract made before 30 October 2004 8
`(1) This section applies to the negotiation, making or varying of, 9
or giving effect to, a contract (a pooled domestic contract) 10
between QSL and a mill owner-- 11
(a) for sugar manufactured by the mill owner to be sold by 12
QSL, as agent or on its own behalf, to a domestic refiner 13
to fulfil QSL's obligations under a contract made before 14
30 October 2004 to supply sugar to the refiner; and 15
(b) under which payments by QSL to the mill owner-- 16
(i) are made by reference to 1 or more pools of 2 or 17
more mill owners that aggregates prices payable 18
for sugar supplied or delivered by the mill owners 19
to QSL; and 20
(ii) may be calculated and made under a financial 21
incentive scheme of premiums, discounts and 22
allowances relating to the quality of sugar supplied 23
or delivered. 24
`(2) Subsection (1)(b)(i) applies whether or not there is an 25
arrangement or understanding between the mill owners about 26
the entering into of the contract. 27
`(3) The following things, whether done before or after the 28
commencement of this section, are specifically authorised for 29
the competition legislation-- 30
(a) the negotiation of, and the entering into, arrangements 31
or understandings about the terms of the contract-- 32
(i) between QSL and the mill owners; or 33
(ii) between or among the mill owners; 34
s 17 12 s 17
Sugar Industry Amendment Bill 2005
(b) the making of the contract; 1
(c) the variation of the contract; 2
(d) the supply or delivery of sugar by the mill owner to 3
QSL, and the acquisition or receipt of the sugar by QSL, 4
under the contract; 5
(e) the payment of a price for sugar by QSL to the mill 6
owner under the contract; 7
(f) the receipt of a price for sugar by the mill owner from 8
QSL under the contract; 9
(g) the calculation of the prices to be paid by QSL to each 10
mill owner by applying a formula apportioning some or 11
all of the sale proceeds and costs from the sugar sold in 12
domestic markets between some or all of the mill 13
owners who have entered into a pooled domestic 14
contract; 15
(h) a financial incentive scheme of premiums, discounts and 16
allowances relating to the quality of sugar supplied or 17
delivered by the mill owner to QSL under the contract; 18
(i) the supply or delivery to the domestic refiner of sugar 19
acquired or received under the contract. 20
`(4) This section expires on 30 September 2007. 21
`245 Pooled export and domestic contract 22
`(1) This section applies to a contract between QSL and a mill 23
owner for the supply or delivery of sugar manufactured by the 24
mill owner to be sold by QSL, as agent or on its own behalf, 25
both in export markets and domestic markets. 26
`(2) Section 243(3) applies to the export market component of the 27
contract as if it were a pooled export contract. 28
`(3) Section 244(3) applies to the domestic market component of 29
the contract as if it were a pooled domestic contract. 30
`(4) This section expires on the later of the following days-- 31
(a) 30 September 2009; 32
(b) if a regulation made under this section before 30 June 33
2009 prescribes a later day of expiry--the later day.'. 34
s 18 13 s 20
Sugar Industry Amendment Bill 2005
Clause 18 Amendment of s 247 (Injunctions) 1
Section 247(1) and (3), `chapter 2 or 3'-- 2
omit, insert-- 3
`chapter 2'. 4
Clause 19 Omission of s 254 (Indemnity) 5
Section 254-- 6
omit. 7
Clause 20 Replacement of ch 10 (Transitional provisions) 8
Chapter 10-- 9
omit, insert-- 10
`Chapter 8 Transitional provisions for 11
Sugar Industry Amendment 12
Act 2005 13
`Part 1 Preliminary 14
`258 Definitions for ch 8 15
`In this chapter-- 16
authority means the Sugar Authority established under the 17
unamended Act, section 126. 18
commencement means the day this section commences. 19
unamended Act means this Act as in force immediately 20
before the commencement. 21
`259 References to authority 22
`For this chapter, a reference in the unamended Act, chapter 3, 23
to the authority is taken to be a reference to the commissioner. 24
s 20 14 s 20
Sugar Industry Amendment Bill 2005
`260 References to unamended Act 1
`(1) If this chapter states that a provision of the unamended Act 2
continues to apply-- 3
(a) the provision applies as if the amending Act had not 4
been enacted; and 5
(b) any other provision referred to in the provision 6
continues to apply. 7
`(2) In this section-- 8
amending Act means the Sugar Industry Amendment Act 9
2005. 10
`Part 2 Sugar vested in QSL 11
`261 Payments by QSL to mill owners 12
`(1) This section applies if QSL has not, before the 13
commencement, made a payment due to a mill owner for 14
sugar manufactured by the mill owner that, under the 15
unamended act, vested in QSL. 16
`(2) The unamended Act, sections 101 and 102, continue to apply 17
to the payment. 18
`262 Payment schemes 19
`(1) To remove any doubt, it is declared that the repeal of the 20
unamended Act, section 105, does not, after the 21
commencement, prevent QSL giving effect to a sugar quality 22
standard made under the section. 23
`(2) In this section-- 24
sugar quality standard means a standard made by QSL under 25
the unamended Act, section 105(1), about how sugar quality 26
is decided and affects amounts payable to a mill owner. 27
`263 Obligations of mill owners 28
`(1) This section applies to a mill owner who sells, after the 29
commencement, local consumption exempt sugar if the sugar 30
s 20 15 s 20
Sugar Industry Amendment Bill 2005
is manufactured from cane supplied to the mill in the crushing 1
season for 2005. 2
`(2) The unamended Act, section 107(7) and (8), continues to 3
apply to the mill owner. 4
`(3) In this section-- 5
local consumption exempt sugar means local consumption 6
exempt sugar under the unamended Act, section 107(1). 7
`Part 3 Exemptions 8
`264 Definitions for pt 3 9
`In this part-- 10
amendment, of an exemption, means an amendment of an 11
exemption under the unamended Act, section 107A. 12
annual return means an annual return given under the 13
unamended Act, section 107R. 14
exemption means an exemption under the unamended Act, 15
section 107A. 16
exempt sugar, for an exemption, means exempt sugar for an 17
exemption under the unamended Act, section 107A. 18
exempt use means an exempt use under the unamended Act, 19
section 107B. 20
late exemption application means a late exemption 21
application under the unamended Act, section 107E(4). 22
`265 Late exemption applications 23
`(1) This section applies if-- 24
(a) a supplier makes a late exemption application before the 25
commencement; and 26
(b) after the commencement but within 15 days after the 27
authority receives the application, the commissioner 28
gives the supplier a notice requiring the supplier, within 29
a stated reasonable period-- 30
s 20 16 s 20
Sugar Industry Amendment Bill 2005
(i) to give the commissioner a stated document or 1
information relevant to the application; or 2
(ii) to verify the correctness of the document or 3
information by statutory declaration. 4
`(2) The application is taken to have been withdrawn if the 5
supplier does not comply with the requirement. 6
`266 Decision made after commencement on late 7
exemption application 8
`(1) This section applies if-- 9
(a) a supplier makes a late exemption application before the 10
commencement; and 11
(b) immediately before the commencement, the authority 12
has not made a decision about the application. 13
`(2) The unamended Act, sections 107H to 107L and 107O, 14
continue to apply to the application. 15
`267 Application for amendment of exemption 16
`(1) A supplier may at any time after the commencement apply to 17
the commissioner for an amendment of the supplier's 18
exemption. 19
`(2) The unamended Act, section 107P, continues to apply to the 20
making and deciding of the application. 21
`268 Improper use of exempt sugar after commencement 22
`(1) This section applies to a person who, after the 23
commencement, uses exempt sugar under an exemption for a 24
use other than-- 25
(a) the exempt use stated for the sugar in the exemption; or 26
(b) if the person has a contract with QSL for the use of the 27
exempt sugar under the exemption--the use decided by 28
QSL. 29
`(2) The unamended Act, section 107Q(2) and (3), continues to 30
apply to the sugar. 31
s 20 17 s 20
Sugar Industry Amendment Bill 2005
`(3) The unamended Act, section 107V, continues to apply to the 1
person. 2
`269 Annual returns given after commencement 3
`(1) This section applies to a supplier if, immediately before the 4
commencement, the supplier-- 5
(a) is the holder of an exemption that is in force, other than 6
an exemption granted for a late exemption application; 7
and 8
(b) has not, as required under the unamended Act, section 9
107R, given the authority an annual return. 10
`(2) The unamended Act, sections 107R(2), 107S and 107W, 11
continue to apply to the supplier. 12
`(3) The unamended Act, section 107R(5), continues to apply. 13
`270 Further documents or information for annual return 14
`(1) This section applies if-- 15
(a) before the commencement, a supplier receives a notice 16
under the unamended Act, section 107S, and the 17
supplier has not complied with the notice; or 18
(b) after the commencement but before the end of 15 19
business days after 31 January 2006, a supplier receives 20
a notice under the unamended Act, section 107S. 21
`(2) The unamended Act, section 107S(3), continues to apply to 22
the supplier. 23
`(3) The unamended Act, section 107S(4), continues to apply. 24
`271 Exempt matter after commencement 25
`(1) After the commencement, a document held by the authority 26
before the commencement under the unamended Act, section 27
107T-- 28
(a) continues to be exempt matter under the Freedom of 29
Information Act 1992; and 30
(b) is taken to be held by the commissioner. 31
s 20 18 s 20
Sugar Industry Amendment Bill 2005
`(2) A document given to the commissioner after the 1
commencement in connection with the following is exempt 2
matter under the Freedom of Information Act 1992-- 3
(a) the making or granting of an application for an 4
exemption; 5
(b) the giving of an annual return. 6
`272 False or misleading application for amendment of 7
exemption made after commencement 8
`(1) This section applies to a person who makes an application for 9
amendment of an exemption after the commencement. 10
`(2) The unamended Act, section 107U, continues to apply to the 11
person. 12
`273 Executive officers of corporation 13
`(1) This section applies if, after the commencement, a corporation 14
commits an offence against a provision of the unamended Act, 15
chapter 3, part 2, division 8. 16
17
Note--
18
The unamended Act, sections 107U(1), 107V and 107W(1), have
19
continued application under sections 272(2), 268(3) and 269(2)
20
respectively.
`(2) The unamended Act, section 107X, continues to apply to the 21
executive officers of the corporation. 22
`Part 4 Queensland Sugar Limited 23
`274 QSL's audited financial statements for 2005/2006 24
financial year 25
`(1) This section applies for the financial year starting on 1 July 26
2005 if, immediately before the commencement, QSL has not, 27
as required under the unamended Act, section 123(2), given 28
the Minister, the auditor-general and the authority QSL's 29
audited financial statements for the financial year. 30
s 20 19 s 20
Sugar Industry Amendment Bill 2005
`(2) The unamended Act, section 123, continues to apply for the 1
financial year. 2
`Part 5 Dissolution of Sugar Authority 3
`275 Definitions for pt 5 4
`In this part-- 5
assets, of the authority, means all assets of the authority 6
immediately before the commencement. 7
liabilities, of the authority, means all liabilities of the 8
authority immediately before the commencement. 9
`276 Transfer and dissolution 10
`On the commencement-- 11
(a) the authority's assets and liabilities are transferred to, 12
and become the assets and liabilities of, the 13
commissioner; and 14
(b) the authority is dissolved. 15
`277 Continuity of proceedings and matters 16
`(1) A proceeding that, before the commencement, might have 17
been started or continued by or against the authority may, 18
after the commencement, be started or continued by or against 19
the commissioner. 20
`(2) All matters started by the authority before the commencement 21
may be completed by the commissioner after the 22
commencement. 23
`278 Employees 24
`(1) A person's employment by the authority immediately before 25
the commencement is, on the commencement, taken to be 26
lawfully terminated under the Industrial Relations Act. 27
s 20 20 s 20
Sugar Industry Amendment Bill 2005
`(2) The person has the rights given to an employee whose 1
employment has been lawfully terminated under that Act. 2
`(3) The rights given to the person may be exercised against the 3
commissioner as if the commissioner had been the employer 4
who terminated the person's employment. 5
`279 Members cease holding office 6
`(1) Each person who, immediately before the commencement, 7
was a member of the authority goes out of office on the 8
commencement. 9
`(2) No compensation is payable to a person because of subsection 10
(1). 11
`Part 6 Appeals 12
`280 Appeal to District Court against authority's decision 13
`(1) This section applies to an applicant mentioned in the 14
unamended Act, section 107H, who may appeal to the District 15
Court against a decision of the authority. 16
`(2) If-- 17
(a) the person has appealed to the District Court under the 18
unamended Act, section 234A, against the decision; and 19
(b) the appeal has not been decided before the 20
commencement; 21
the unamended Act, section 234A, continues to apply to the 22
appeal after the commencement. 23
`(3) If-- 24
(a) the person could have appealed to the District Court 25
under the unamended Act, section 234A, against the 26
decision; and 27
(b) the applicant has not appealed before the 28
commencement; 29
the unamended Act, section 234A, continues to apply after the 30
commencement. 31
s 20 21 s 20
Sugar Industry Amendment Bill 2005
`Part 7 Competition policy legislation 1
`281 Definitions for pt 7 2
`In this part-- 3
Competition Code means the Competition Code under the 4
Competition Policy Reform (Queensland) Act 1996. 5
competition legislation means the Trade Practices Act 1974 6
(Cwlth), section 51(1)(b),5 or the Competition Code of this 7
jurisdiction, section 51.6 8
`282 Pooled export contracts made before 9
commencement 10
`(1) This section applies to a pooled export contract made before 11
the commencement. 12
`(2) The following things, whether done before or after the 13
commencement, are specifically authorised for the 14
competition legislation-- 15
(a) the negotiation of, and the entering into, arrangements 16
or understandings about the terms of the contract-- 17
(i) between QSL and the mill owners; or 18
(ii) between or among the mill owners; 19
(b) the variation of the contract; 20
(c) the supply or delivery of sugar by the mill owner to 21
QSL, and the acquisition or receipt of the sugar by QSL, 22
under the contract; 23
5 Trade Practices Act 1974 (Cwlth), section 51 (Exceptions)
6 The Competition Code, section 51, states that in deciding whether a person has
contravened the Code, Part IV, certain things must be disregarded. Section 51(1) of
the Code provides that the following must be disregarded--
(a) ...
(b) anything done in a State, if the thing is specified in, and specifically authorised
by:
(i) an Act passed by the Parliament of that State; or
(ii) regulations made under such an Act.
s 20 22 s 20
Sugar Industry Amendment Bill 2005
(d) the payment of a price for sugar by QSL to the mill 1
owner under the contract; 2
(e) the receipt of a price for sugar by the mill owner from 3
QSL under the contract; 4
(f) the calculation of the prices to be paid by QSL to the 5
mill owner by applying a formula apportioning some or 6
all of the sale proceeds and costs from the sugar sold in 7
export markets between some or all of the mill owners 8
who have entered into a pooled export contract; 9
(g) a financial incentive scheme of premiums, discounts and 10
allowances relating to the quality of sugar supplied or 11
delivered by the mill owner to QSL under the contract; 12
(h) the export by QSL of sugar acquired or received under 13
the contract. 14
`283 Export contracts made before commencement 15
`(1) This section applies to a contract (an export contract) made 16
before the commencement between QSL and a mill owner for 17
sugar manufactured by the mill owner to be sold by QSL, as 18
agent or on its own behalf, in export markets. 19
`(2) The following things, whether done before or after the 20
commencement, are specifically authorised for the 21
competition legislation-- 22
(a) the negotiation of, and the entering into, arrangements 23
or understandings about the terms of the contract 24
between QSL and the mill owner; 25
(b) the making of the contract; 26
(c) the variation of the contract; 27
(d) the supply or delivery of sugar by the mill owner to 28
QSL, and the acquisition or receipt of the sugar by QSL, 29
under the contract; 30
(e) the payment of a price for sugar by QSL to the mill 31
owner under the contract; 32
(f) the receipt of a price for sugar by the mill owner from 33
QSL under the contract; 34
s 20 23 s 20
Sugar Industry Amendment Bill 2005
(g) the calculation of the prices to be paid by QSL to the 1
mill owner by applying a formula apportioning some or 2
all of the sale proceeds and costs from the sugar sold in 3
export markets between some or all of the mill owners 4
who have entered into an export contract; 5
(h) a financial incentive scheme of premiums, discounts and 6
allowances relating to the quality of sugar supplied or 7
delivered by the mill owner to QSL under the contract; 8
(i) the export by QSL of sugar acquired or received under 9
the contract. 10
`Part 8 Injunctions 11
`284 Definitions for pt 8 12
`In this part-- 13
injunction includes an interim injunction. 14
repealed provision means a provision of the unamended Act, 15
chapter 3. 16
undesirable conduct, for a person, means the person has 17
engaged, is engaging, or is proposing to engage, in conduct 18
that is, was, or would be, any of the following-- 19
(a) a contravention of a repealed provision; 20
(b) attempting to contravene a repealed provision; 21
(c) aiding, abetting, counselling or procuring a person to 22
contravene a repealed provision; 23
(d) inducing or attempting to induce (whether by threats, 24
promises or otherwise) a person to contravene a 25
repealed provision; 26
(e) being in any way, directly or indirectly, knowingly 27
concerned in, or party to, the contravention by a person 28
of a repealed provision; 29
(f) conspiring with others to contravene a repealed 30
provision. 31
s 20 24 s 20
Sugar Industry Amendment Bill 2005
`285 Undecided applications taken to have been 1
withdrawn 2
`(1) This section applies if an interested entity applied before the 3
commencement under the unamended Act, section 247, to the 4
Supreme Court for an injunction-- 5
(a) either-- 6
(i) restraining a person from engaging in undesirable 7
conduct; or 8
(ii) requiring a person to do anything the person is 9
required to do under a repealed provision; and 10
(b) on the commencement, the application had not been 11
decided. 12
`(2) Subject to section 287-- 13
(a) on the commencement, the application is taken to have 14
been withdrawn; and 15
(b) no order for costs may be made for the application. 16
`286 Injunctions of no effect after commencement 17
`(1) This section applies if the Supreme Court has, on the 18
application of an interested entity, granted an injunction, 19
under the unamended Act, section 247-- 20
(a) restraining a person from engaging in undesirable 21
conduct and, if the court considered it desirable to do so, 22
requiring the person to do anything; or 23
(b) requiring a person to do anything the person is required 24
to do under a repealed provision. 25
`(2) Subject to section 287, the injunction is of no effect after the 26
commencement. 27
`287 Non-application of ss 285 and 286 in relation to 28
improper use of exempt sugar 29
`Sections 285 and 286 do not apply if-- 30
(a) the interested entity is the commissioner; and 31
s 21 25 s 21
Sugar Industry Amendment Bill 2005
(b) the repealed provision is the unamended Act, section 1
107V.7'. 2
Clause 21 Amendment of schedule (Dictionary) 3
(1) Schedule, definitions amendment, annual return, applicant, 4
appointed member, authority, business manager, Competition 5
Code, competition legislation, exemption, exemption 6
application, exemption certificate, exemption certificate 7
details, exemption conditions, exempt sugar, exempt use, 8
industrial association, industry participant, interest, late 9
exemption application, material personal interest, on-user, 10
payment scheme, periodic estimate, periodic estimate day, 11
raw sugar equivalent, research, use and verified -- 12
omit. 13
(2) Schedule-- 14
insert-- 15
`Competition Code-- 16
(a) for chapter 6, see section 236; or 17
(b) for chapter 8, part 7, see section 281. 18
competition legislation-- 19
(a) for chapter 6, see section 236; or 20
(b) for chapter 8, part 7, see section 281. 21
pooled domestic contract see section 244(1). 22
pooled export contract see section 243(1).'. 23
© State of Queensland 2005
7 Section 107V (Improper use of exempt sugar)
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