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1
Sugar Industry Amendment
SUGAR INDUSTRY AMENDMENT BILL
1993
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives
The objectives of the Bill are to provide for a new differential between the
No. 1 Sugar Pool and No. 2 Sugar Pool to be phased in over the 4 crushing
seasons from 1993 to 1996 inclusive; to provide for Minister's standards
concerning sugar quality in a manner which, among other things, preserves
the commercial confidentiality of sugar quality information; to clarify the
manner in which an award operates in relation to an earlier crushing season
or the next crushing season; and to effect minor and consequential
amendments.
Reasons for Bill
Amendments to the Sugar Industry Act 1991 are required to implement
the adjustment in the differential between the two sugar pools, agreed as
part of the sugar infrastructure package, and to clarify and rectify a number
of other matters.
Estimated Cost for Government Implementation
All costs to Government, which will be minimal, will be absorbed within
current resources.
Consultation
There was extensive consultation between the Federal Government, the
State Government, and the sugar industry regarding adjustments to the
calculation of price payable for sugar. Other matters have been the subject
of consultation with the Queensland Sugar Corporation and the Sugar
Industry Policy Council.
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Sugar Industry Amendment
NOTES ON PROVISIONS
Clause 1 provides that the short title of the Act is the Sugar Industry
Amendment Act 1993.
Clause 2 provides that the Sugar Industry Act 1991 is to be amended as
set out in this Bill.
Clause 3 provides for the adjustment of the differential between the No.
1 Sugar Pool and the No. 2 Sugar Pool over the four year crushing seasons
1993-1996 inclusive. An amendment in the Schedule provides for the
extension of the 10% differential for the 1993 crushing season to apply to
the whole of that crushing season. This clause also omits the word "raw"
appearing 4 times in subsection 7.8(6) to correct a drafting error.
Clause 4 inserts a new provision which allows the Authority, subject to
the Minister's approval, to make standards about sugar quality. The
standard relates to guidelines made under section 7.8(6)(b), relating to the
quality of sugar. This provision will, among other things, allow
information relating to sugar quality to remain confidential.
Clause 5 inserts a provision to make it clear that an award may provide
for information to be given concerning an earlier crushing season or the
next crushing season, and to apply by reference to information supplied
under an award for an earlier crushing season. This provision clarifies, for
example, that an award may provide for the gathering of information and
determination of matters relating to harvesting for the next crushing season,
even though the harvesting will be governed by the award for the next
crushing season, and that the award for that next crushing season may apply
information so gathered.
SCHEDULE
The Schedule effects a number of minor and consequential amendments
to the Sugar Industry Act 1991.
Amendment 1 omits a spent repealing provision.
Amendment 2 omits unnecessary definitions.
Amendment 3 inserts additional definitions.
Amendment 4 redrafts the Minister's power of delegation using current
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Sugar Industry Amendment
drafting practice.
Amendment 5 omits administrative material.
Amendment 6 omits an unnecessary provision.
Amendment 7 redrafts a provision to remove unnecessary administrative
material.
Amendment 8 redrafts existing provisions using current drafting practice.
Amendment 9 removes unnecessary administrative material.
Amendment 10 omits a spent provision.
Amendment 11 omits reference to a spent Act.
Amendment 12 implements current drafting practice.
Amendment 13 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 14 redrafts the Corporation's power to delegate using current
drafting practice.
Amendment 15 provides a new section heading reflecting the use of the
Statutory Instruments Act 1992 to govern certain guidelines.
Amendment 16 omits an unnecessary provision.
Amendment 17 omits unnecessary words and provides that certain
guidelines are subordinate legislation, thereby invoking the Statutory
Instruments Act 1992 in regard to those guidelines.
Amendment 18 corrects a drafting error.
Amendment 19 omits unnecessary words.
Amendment 20 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 21 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 22 omits unnecessary administrative material.
Amendment 23 omits unnecessary administrative material.
Amendment 24 omits unnecessary administrative material.
Amendment 25 simplifies drafting and takes into account recent
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Sugar Industry Amendment
amendments to the Acts Interpretation Act 1954.
Amendment 26 omits unnecessary administrative material.
Amendment 27 redrafts a provision using current drafting practice.
Amendment 28 omits unnecessary words.
Amendment 29 redrafts a provision omitting spent transitional material.
Amendment 30 changes words to reflect amended definitions.
Amendment 31 omits unnecessary administrative material.
Amendment 32 omits an unnecessary provision.
Amendment 33 redrafts the existing provisions using current drafting
practice.
Amendment 34 omits unnecessary administrative material.
Amendment 35 omits unnecessary administrative material.
Amendment 36 redrafts a provision using current drafting practice.
Amendment 37 omits unnecessary administrative material.
Amendment 38 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 39 redrafts the Board's power to delegate using current
drafting practice.
Amendment 40 omits reference to a spent Act.
Amendment 41 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 42 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 43 corrects a drafting error.
Amendment 44 corrects a drafting error.
Amendment 45 omits an unnecessary provision.
Amendment 46 redrafts a provision using current drafting practice.
Amendment 47 omits unnecessary administrative material.
Amendment 48 omits reference to a spent Act.
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Sugar Industry Amendment
Amendment 49 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 50 omits unnecessary words.
Amendment 51 redrafts a provision using a definition inserted by this
Bill.
Amendment 52 corrects a drafting error.
Amendment 53 changes a section heading using current drafting practice.
Amendment 54 omits a spent transition provision.
Amendment 55 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 56 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 57 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 58 omits spent transitionary provisions.
Amendment 59 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 60 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 61 omits a spent transitionary provision.
Amendment 62 omits a spent provision.
Amendment 63 omits unnecessary words reflecting current drafting
practice.
Amendment 64 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 65 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 66 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 67 omits a spent transition provision.
Amendment 68 omits unnecessary words.
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Sugar Industry Amendment
Amendment 69 omits unnecessary words.
Amendment 70 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 71 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 72 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 73 updates a statutory reference.
Amendment 74 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 75 omits a spent transition provision.
Amendment 76 provides a time limit for an application to the Land Court,
the same as the time limit for an application to the Tribunal.
Amendment 77 redrafts a provision using current drafting practice.
Amendment 78 corrects a drafting error.
Amendment 79 redrafts a provision using current drafting practice.
Amendment 80 redrafts a provision using current drafting practice.
Amendment 81 omits unnecessary administrative material.
Amendment 82 provides for the use of forms approved by the
chairperson of the Tribunal rather than forms prescribed by regulation.
Amendment 83 redrafts a provision using current drafting practice.
Amendment 84 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 85 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 86 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 87 omits an unnecessary provision.
Amendment 88 omits unnecessary words.
Amendment 89 omits an unnecessary provision.
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Sugar Industry Amendment
Amendment 90 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 91 allows for a penalty, reflecting removal of the general
penalty provision.
Amendment 92 amends a provision to reflect current drafting practice.
Amendment 93 omits the general penalty provision, thereby necessitating
the insertion by this schedule of penalty provisions within specific sections,
in accordance with current drafting practice.
Amendment 94 redrafts the power to make regulations to reflect recent
amendments to the Acts Interpretation Act 1954.
Amendment 95 omits spent transitional and consequential amendment
provisions.
Amendment 96 omits an unnecessary heading.
Amendment 97 omits spent transitional provisions and transitional
provisions, the text of which is no longer required because of section 20A
of the Acts Interpretation Act 1954.
Amendment 98 provides for full citation of a repealed Act, consequential
upon omission of a definition by this Bill.
Amendment 99 omits spent transitional provisions and other transitional
provisions, the text of which is no longer required because of section 20A
of the Acts Interpretation Act 1954.
Amendment 100 inserts a new section to provide for transition to the new
pooling arrangements in the 1993 crushing season, and requires application
of section 43 of the Reprints Act 1992 to a reprint of the Act.
Amendment 101 omits spent repeal provisions.
Amendment 102 provides for a new heading to the schedule.
Amendment 103 inserts into the schedule of regulation making powers an
additional clause relating to penalties.
� The State of Queensland 1993