Queensland Bills Explanatory Notes

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SUGAR INDUSTRY AMENDMENT BILL (NO. 2) 1994

                                     1
                         Sugar Industry Amendment


 SUGAR INDUSTRY AMENDMENT BILL
            (NO. 2) 1994


                     EXPLANATORY NOTES

GENERAL OUTLINE


Objectives of the Legislation
  The Sugar Industry Amendment Bill (No. 2) 1994 will amend the Sugar
Industry Act 1991 to place beyond doubt the power of the Queensland Sugar
Corporation, when granting an assignment, to impose a condition limiting the
ability of an assignment holder to transfer their assignment.
  The Bill has become necessary as a result of concerns raised by the
Parliamentary Committee of Subordinate Legislation in relation to the Sugar
Industry (Assignment Grant) Guideline 1994. This Guideline was made by the
Queensland Sugar Corporation on 30 November 1993 and, in part, imposed a
condition stipulating a date prior to which an assignment holder could not enter
an authorised transaction or other transfer of an assignment.
   The objectives of the Bill are to make it clear the Corporation has the power
to impose such a condition and to place beyond doubt the validity of the
Corporation's actions in having imposed such conditions in the past.


Consultation
  The Queensland Sugar Corporation has been consulted in the preparation of
the Bill and fully supports the proposed amendments to the Sugar Industry Act
1991.
  Other industry bodies which have been consulted are the Australian Sugar
Milling Council and the Queensland Canegrowers Council. Both of these
organisations have also indicated their support for the Bill.
 
 
                                    2
                        Sugar Industry Amendment

Notes on Provisions
  Clause 1 provides that the short title is to be the Sugar Industry Amendment
Act (No. 2) 1994.
  Clause 2 provides that the Act is to amend the Sugar Industry Act 1991.
  Clause 3 amends section 9.3 of the Sugar Industry Act 1991 to declare that
the Queensland Sugar Corporation's power to impose conditions on the grant or
variation of an assignment includes the power to impose a condition either -
     (a) prohibitingaspecifiedauthorisedtransactionaffectingtheassignment
         or any other purported dealing in the assignment;
          or
     (b) prohibitingaspecifiedauthorisedtransactionaffectingtheassignment
         or any other purported dealing in the assignment unless it complies
         with a specified condition.
   It is also provided that the Corporation has the power to grant exemption
from any condition which it has imposed.
  Clause 4 amends section 9.5(1) of the Sugar Industry Act 1991 to extend the
required content of written guidelines to include the conditions which have
been imposed or may be imposed, on the grant of an assignment.
   Clause 5 places it beyond doubt that the Corporation has always had the
power, when granting or varying an assignment, to impose a condition limiting
the ability of assignment holders to transfer their assignments.
  Clause 5 confirms the validity of the Sugar Industry (Assignment Grant)
Guideline 1994.


                           © The State of Queensland 1994

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