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Sugar Industry
SUGAR INDUSTRY BILL 1999
EXPLANATORY NOTES
GENERAL OUTLINE
Short Title
The Act will be known as the Sugar Industry Act 1999.
Policy objectives of the Bill
The principle objective of the Bill is to facilitate an internationally
competitive, export oriented sugar industry based on sustainable production
that benefits both the persons involved in the sugar industry and the wider
community.
Reasons for the policy objectives of the Bill
The sugar industry in Queensland has historically been regulated. Public
benefit testing carried out during the 1995-96 review of the industry
determined that it is in the interests of both those persons involved in the
industry and the wider community for the industry to remain regulated,
though at a reduced level than as exists under current sugar industry
legislation.
The review of industry, carried out by the Sugar Industry Review
Working Party ("SIRWP"), identified several areas within the industry for
reform. The SIRWP's report, published in November 1996, reviewed
major policy areas and contained 74 recommendations for reform. The
report indicated that the Queensland Sugar Corporation ("the corporation")
should be restructured to provide it with an increased focus on export and
domestic marketing arrangements and reduced regulatory powers, with
these powers being transferred to local industry bodies and to the sugar
industry commissioner, whose office is created under the Bill.
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The Bill's objectives were developed following extensive consideration
of the SIRWP's report by implementation and legislation committees
established by the Department of Primary Industries and consisting of
industry and government representatives.
The extent of legislative change proposed by the committees was such
that the drafting of a new Bill and repeal of existing sugar industry
legislation was considered more reasonable than attempting to amend the
existing legislation. This has been supported by all sectors of the sugar
industry.
The way in which the policy objectives will be achieved by the Bill
The policy objectives will be achieved by the Bill through implementation
of a number of key reforms to sugar industry practice and regulatory
framework:
· The Bill retains the corporation's compulsory acquisition and
single desk selling powers for the export and domestic markets.
The corporation's regulatory functions have been confined to
ultimate responsibility for raw sugar quality and brands. The
office of sugar industry commissioner has been created to
administer most of the remaining regulatory functions, and the
sugar industry tribunal has been abolished with appeals to be
heard in civil courts.
· An improved framework has been incorporated into the Bill to
provide for increased responsibility of industry to manage its
affairs at a local level. By way of example:
· The negotiation process between mill owners and growers
has been enhanced by allowing the negotiating team to
develop a dispute resolution process. A dispute resolution
process may be provided under a regulation in the event that
the negotiating team does not agree on a process.
· Provisions have been incorporated by which growers and
mill owners negotiate regarding cane supply to determine
income distribution, with a view to enhancing mill area net
income. In negotiating a collective agreement, the
negotiating team's objective is to enhance the profit of the
mill owner and the growers supplying cane to the mill.
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· Processes have been established through which growers are
able to expand in their mill area or possibly move cane
supply from one mill to another mill.
· Existing environmental and land use requirements in the
process of approving new cane land have been changed, to
help ensure the industry's long term sustainable
development.
· A process has been established to address transport and local
authority matters when new cane land is being considered.
· The research, development and extension roles of the Bureau of
Sugar Experiment Stations ("BSES") and cane protection and
productivity boards relative to each other have been changed.
Alternatives to the Bill
The two alternatives to the Bill are:
· To make the necessary legislative changes by way of amendment
to the existing Sugar Industry Act 1991 and Sugar Milling
Rationalisation Act 1991; and
· To not make any legislative changes to the above Acts, leaving the
sugar industry to continue its current operation under those Acts.
These alternatives are considered unacceptable for two reasons:
· The SIRWP's review and recommendations and the subsequent
consideration and endorsement of those recommendations, have
made it apparent that legislative change is necessary, to such an
extent that a new Bill has been considered the most reasonable
way to implement the recommendations.
· Unless a new Bill is introduced, the Sugar Industry Act 1991
must be amended by 31 December 1999 to preserve for the 2000
season and beyond, current authorisations for the Trade Practices
Act 1974 which will expire on 30 June 2000.
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Estimated administrative cost to government for implementation of
the Bill
It is not anticipated that there will be any administrative cost to
government for implementation of the Bill.
Consistency with fundamental legislative principles
The Bill complies in the main with the fundamental legislative principles
contained in the Legislative Standards Act 1992 with the exception of clause
85.
Each grower must have a supply agreement with a mill owner for each
season. A grower may enter an individual agreement with the mill owner,
or a collective agreement made for the mill by the negotiating team.
Clause 85 of the Bill requires that as part of a supply agreement, the
negotiating team must make a cane quality program. The clause imposes
contractual terms on growers that may adversely affect the rights and
liberties of growers (individuals) and as such may contravene section
4(3)(a) of the Legislative Standards Act 1992. There is no provision for a
regulation to detail the content of a cane quality program.
The provisions of clause 85 are considered necessary and reasonable for
the following reasons:
· The entity (a negotiating team) responsible for making the cane
quality program is equally representative of the mill owner and
supplying growers. If there is any dispute within the negotiating
team regarding the making of a cane quality program, there is
provision for the negotiating team to undergo a dispute resolution
process (under clause 184).
· Regulatory detail regarding a cane quality program may impede
the process in that different conditions exist in different mill areas,
and it may not be reasonable for all negotiating teams to comply
with a `standard' regulation.
· In the Sugar Industry Act 1991, quality issues may be determined
by guidelines prepared by the corporation, by Ministerial standard
and by local awards. Further, mill owners are not obliged to
accept cane below the award standard. The Bill has decentralised
these cane quality functions in negotiating teams, and further,
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enshrines existing statutory obligations regarding quality into
contractual terms.
Consultation in relation to the Bill
Government
The Departments of Premier and Cabinet, Natural Resources, State
Development (Business Regulatory Reform Unit), Employment Training
Industrial Relations (Employment Taskforce), Justice, Queensland
Transport, Main Roads and Communication and Information, Local
Government and Planning along with Environmental Protection Agency
and Queensland Treasury have been consulted in relation to preparation of
the Bill.
The Office of Queensland Parliamentary Counsel has prepared the Bill.
Industry
Extensive public consultation was undertaken during the SIRWP's
review in 1995/96. This resulted in 446 written and 80 oral submissions.
The SIRWP's report was made public.
There has been extensive consultation with representative sugar industry
groups in relation to the Bill. In particular, the corporation, Australian Sugar
Milling Council ("ASMC"), Australian Cane Farmers' Association
("ACFA") and CANEGROWERS have been consulted.
In November 1998, a consultation draft of the Bill was circulated on a
confidential basis for comment, to the directors of ASMC, ACFA, BSES,
CANEGROWERS, the corporation, a member of each cane protection and
productivity board, and major sugar refiner representatives. This provided
the opportunity to those persons who will actually use the legislation to
review its requirements. The implementation committee together with the
chairs of ACFA, ASMC and CANEGROWERS considered comments in
December 1998.
Executive officers of industry organisations were consulted on the final
draft Bill.
Results of consultation
There is general agreement among sugar industry bodies and government
agencies regarding implementation of SIRWP recommendations in the Bill.
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NOTES ON PROVISIONS
CHAPTER 1--PRELIMINARY
Short title
Clause 1 provides that the short title of the Act will be the Sugar Industry
Act 1999.
Commencement
Clause 2 provides that the provisions relating to the office of sugar
industry commissioner will commence on 1 October 1999. The remaining
provisions commence on 1 January 2000. This staggered commencement
allows for the establishment of the office of sugar industry commissioner
prior to commencement of the Act.
Principal object of Act
Clause 3 provides that the principal object of the Act is to facilitate an
internationally competitive, export oriented sugar industry based on
sustainable production, which benefits both the persons involved in the
industry and the wider community.
Definitions
Clause 4 makes reference to definitions of particular words being in
schedule 2.
State bound
Clause 5 provides that the Act binds the State.
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CHAPTER 2--PRODUCTION, SUPPLY AND
MILLING
PART 1--CANE PRODUCTION AREAS
Division 1--Establishment of entitlement
Cane production area
Clause 6 provides that a cane production area entitles a grower to enter
into a supply agreement with a mill owner to supply the mill with cane
grown on particular land. A cane production area is property distinct from
the land on which cane is grown. Accordingly, a cane production area may,
subject to this part, be sold, leased, subleased or otherwise transferred. A
mill owner who holds a cane production area does not have to enter into a
supply agreement in order to supply its cane to the mill.
The allocation of cane production areas establishes a framework for the
orderly production, supply and milling of cane. This framework exists to
facilitate efficient arrangements for the industry.
A cane production area describes:
· the holder, for example Grower A;
· the number of hectares on which sugar cane can be grown under
the entitlement. For example, a cane production area may specify
twenty hectares, which would entitle the grower to grow twenty
hectares of sugar cane; and
· the particulars of the land on which the hectares must be located,
for example, the twenty hectares must be located within land
description Lot 1234 on Plan A123456, in the county of Curra.
The number of hectares described in the cane production area need not
equate with the area of land owned by the grower, that is, the grower may
own a thirty hectare farm, but apply to grow cane on only twenty hectares of
that land. The cane may be grown on any twenty of the thirty hectares,
subject to land use suitability.
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Division 2--Applications for grant, variation or cancellation of cane
production areas
Subdivision 1--General provisions
Explanation of div 2
Clause 7 explains the operation of division 2. A person may apply under
subdivision 2 to a cane production board for a grant, variation or
cancellation of a cane production area. Applications may request a cane
production board to do certain things, listed in subclause (2), in relation to
cane production areas.
In order to achieve a desired outcome in relation to a cane production
area, a person may make one or more application to the cane production
board. An example of applications is provided in subclause (4). For a
transaction involving more than 1 mill, the applicant must comply with the
provisions of division 3.
General provisions applying to applications
Clause 8 details the powers and obligations of a cane production board in
relation to applications to grant or vary a cane production area. In respect of
inter-mill applications, certain additional conditions under division 3 apply.
A cane production board may grant or vary a cane production area for a
particular period or indefinitely. An application takes effect when it is
entered on the register kept by the cane production board in accordance with
clause 157, unless the contrary intention appears.
Information notice must be given for refusal of application
Clause 9 provides that if a cane production board refuses to grant an
application or imposes conditions on the grant that the applicant did not
seek, the board must give the applicant a notice giving reasons for its
decision within 28 days of making the decision.
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Subdivision 2 --Particular applications to cane production boards
Clauses 10 to 17 under this subdivision provide a summary list of
authorised transactions regarding cane production areas, on which a cane
production board may make decisions.
A cane production board may consider any combination of transactions
under a single or combined application.
Grant of new or increased cane production area from out of
unallocated hectares
Clause 10 deals with the grant of new cane production area from hectares
available for allocation as cane production area, but which have not yet been
allocated to growers. Unallocated hectares represent the number of hectares
determined by the negotiating team less the total number of the hectares
described in all existing cane production areas relating to the mill area. The
hectares may be unallocated either because:
· they have never been allocated and represent expansion of the
number of hectares of cane supplied to the mill; or
· they are hectares that were previously contained in another cane
production area but are now `spare' because an existing cane
production area has been cancelled.
Subclause (4) details the circumstances that must or will exist before the
cane production board may grant a new cane production area from
unallocated hectares. Subclause (5) requires the cane production board,
prior to granting the application, to consider anything required under
regulation.
Grant of new or increased cane production area from out of
transferred hectares
Clause 11 describes the process to be followed when a new or increased
cane production area is granted based on the transfer of a number of
(allocated) hectares from the same mill. Hectares are allocated if they are
currently included in a cane production area. In order to ensure that the
hectares described in the new or increased cane production area are removed
from the existing cane production area, a transfer under clause 12 will also
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be required.
An example of a transaction under this clause would be if Mr Smith
wanted to become a grower in a mill area where there are no unallocated
hectares available for the mill to grant. For Mr Smith to obtain hectares for
a cane production area, he would need an existing grower to transfer cane
production area to him. Accordingly, if Grower Jones wished to transfer
his cane production area because he had decided to leave cane farming, both
Mr Smith and Grower Jones would apply under clause 11 (refer clause
11(3)).
As with a grant under clause 10, the cane production board may only
grant an application for the grant of a new or increased cane production area
if certain preconditions have been satisfied, which are detailed in subclauses
(4) and (5).
When the grant of the new or increased cane production area is entered
on the register, the corresponding amount of cane production area must be
removed from the transferor's (in the above example, Grower Jones')
recorded cane production area.
All transactions under this clause must comply with the requirements
relating to a cane supply agreement under clause 17.
Transfer of cane production area to another person
Clause 12 allows the transfer of a cane production area to another person.
This could occur, for example, when the grower's cane farm is sold to
another person. In that example a transfer of cane production area under
clause 12, plus a grant to the buyer of the transferred cane production area
under clause 11 would be required. The descriptions contained in the cane
production area, detailed in clause 7, are not altered other than for the
description of the holder of cane production area.
A cane production board may grant an application only if the
preconditions detailed in subclauses (3) and (4) have been complied with,
and obligations under any collective agreement have been met. Once the
total number of hectares included in a cane production area are transferred,
the cane production area must be cancelled under clause 15.
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Variation of description of land included in cane production area
Clause 13 enables a grower to apply for a variation of the land described
in the grower's cane production area. This might occur where, for example,
a grower acquires a new block of land and wishes to grow cane on that
block rather than on the land described in the cane production area.
The cane production board may grant the application only if the
preconditions detailed in subclauses (2) and (3) have been complied with.
Variation of conditions of cane production area
Clause 14 allows a grower to apply for a variation in the conditions on
the grower's cane production area that were imposed by a cane production
board under clause 8. The cane production board must grant the application
if it unanimously considers the variation to be appropriate.
Cancellation of cane production area or hectares on application
Clause 15 enables a grower to apply to have the grower's cane
production area cancelled or varied by cancelling a portion of the area's
hectares. The cane production board must grant the application if it is
satisfied that the growing of cane will be permanently discontinued on the
relevant hectares or if the application is associated with another application
relating to the same mill area.
The cancellation of cane production area cannot be used as a mechanism
to `transfer' cane land to another mill without the consent of the existing
mill. Cancelled cane production area becomes unallocated hectares in the
existing mill area.
Third party consent required in particular circumstances
Clause 16 ensures that the interests of third parties are acknowledged in
respect of certain applications made to a cane production board.
The applicant must make a statutory declaration as to whether or not a
third party has an interest in the land and if so, whether or not written
consent has been obtained. However the cane production board may
dispense with the consent requirement where it considers the consent is
being unreasonably withheld.
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Relationship between entitlement change and supply agreement
obligations
Clause 17 details circumstances in which it may be necessary for a
grower to apply to a cane production board to change a supply agreement,
since the agreement depends on the grower's entitlements under a cane
production area.
A cancellation of or variation to a cane production area does not, other
than as expressly provided by the Act, alter the grower's responsibility to
meet obligations under a supply agreement. A mill owner may take
proceedings against a grower for breaching a supply agreement.
Where a collective agreement applies and applications are made to:
· transfer a cane production area from one person to another; or
· cancel all or part of a cane production area or hectares of a cane
production area,
the transferring grower must provide a statutory declaration in respect of
cane supply agreement obligations and ensure that the necessary consents
are obtained.
Division 3 --Applications affecting cane production areas relating to
more than 1 mill effectively moving cane supply from 1 mill to another
Subdivision 1 --Preliminary
Purpose and explanation of div 3
Clause 18 explains the three processes established under the division by
which a grower supplying cane to a mill (the "current mill") may apply to
be granted a new or increased cane production area relating to another mill
(the "receiving mill"), in order to move the supply of cane from the current
mill to the receiving mill. In all cases, a grower must be granted unallocated
hectares in the receiving mill area, and the grower's cane production area, or
a number of hectares included in it, in the current mill area must be
cancelled.
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Each process ensures the termination of the grower's obligations under a
collective agreement made for the current mill that applies to the relevant
cane supply.
Definitions for div 3
Clause 19 details definitions for the purposes of the division.
Subdivision 2 --Consent process
Consent process
Clause 20 provides that the grower may in support of the grower's
application under clause 29, obtain consent to the application from:
· Owners of the current and receiving mills; and
· Mill suppliers' committees of the current and receiving mills.
If these consents are obtained, the grower will not be subject to the
processes detailed in subdivisions 3 and 4.
Subdivision 3 --Horizontal expansion process
Start of horizontal expansion process
Clause 21 provides that the process commences upon the current mill
owner or current mill suppliers' committee asking the current cane
production board to ascertain the extent to which demand by growers for
expansion in cane production areas exceeds currently available unallocated
hectares. The board, in accordance with a regulation process, must call for
applications for grant of unallocated hectares, assess the level of demand of
those growers with suitable available cane land and refer assessment of any
demand to the negotiating team. The applications must be genuine. Those
growers to whom the board considers it would grant unallocated hectares,
are called "eligible growers".
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If the negotiating team agrees to horizontal expansion
Clause 22 provides that if the negotiating team agrees on expansion, the
cane production board must grant, in accordance with the provisions
detailed in clause 10, the increased number of unallocated hectares. If the
negotiating team agrees on expansion, the processes detailed under clauses
23, 24 and 25 will not be relevant.
If the negotiating team does not agree on horizontal expansion
Clause 23 provides that if the negotiating team does not agree on
expansion the matter will be subject to arbitration. The arbitrator must
consult with the negotiating team and determine everything regarding the
expansion, including the length of the crushing season.
If the arbitrator decides there will be expansion, the negotiating team for
the purposes of clause 22, is taken to have agreed to the expansion.
However if the mill owner rejects the arbitrator's decision and will not
invest the capital necessary to give effect to the arbitrator's decision, the
decision is of no effect as a final decision of the negotiating team. Further,
the arbitrator must notify the current cane production board if the arbitrator
finds that the mill owner, in connection with the arbitration, has not offered
to increase milling capacity by a measurable amount. The board in turn
notifies the mill owner and eligible growers.
The notice from the board to the mill owner and eligible growers must
detail that it will follow a cancellation / granting process (detailed in clauses
24 and 25 and by regulation) to ensure to the extent practicable that there
will not be a significant reduction in the total number of hectares included in
the current mill's cane production area. The process will facilitate
cancellation of the eligible growers' current cane production area or relevant
number of hectares, and ensure that the board will properly exercise its
powers under clause 10. The process is subject to resolution at any time of
the negotiating team's dispute.
Process for moving supply from current mill
Clause 24 details the minimum requirements for the regulation process
referred to in clause 23. A time limit applies within which eligible growers
may be considered under the process. The process ensures as far as
possible, that an eligible grower will not be able to apply to a receiving mill
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for a grant of unallocated hectares, unless the current cane production board
is satisfied that there are sufficient applications for unallocated hectares in
the current mill area to `replace' the eligible grower's area that will be
cancelled following a grant in the receiving mill area. This in turn ensures,
as far as possible, the economic viability of the current mill.
Other provisions that may be included in the process
Clause 25 provides further matters that may be included in the regulation
process and that clause 24 does not limit matters that may be detailed by
regulation in respect of the horizontal expansion process.
Subdivision 4 --Productivity increase process
Establishment of productivity increase process
Clause 26 provides that the process commences when the circumstances
detailed in subclause (3) exist, which arise from an arbitrated dispute within
the negotiating team about the framing or variation of a collective
agreement.
The arbitrator must determine that the season length has been
significantly increased due to a significant sustainable increase in cane
productivity of a particular amount (the "sustainable increase"), and that the
mill's crushing capacity should be increased by a stated amount in order to
be able to deal with the sustainable increase.
Further, the mill owner must reject the arbitrator's determination and the
arbitrator must decide that the mill owner in connection with the arbitration,
has not offered to increase crushing capacity by a measurable amount.
The arbitrator then declares the amount of the sustainable increase as a
number of hectares, and the current cane production board notifies growers
and the mill owner and indicates it will follow a regulation process to
facilitate cancellations of cane production area or hectares to support
growers' applications to move supply to a receiving mill. A grower would
make application to a receiving mill in order to achieve more efficient
crushing arrangements.
The process is subject to resolution at any time of the negotiating team's
dispute.
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Process of moving supply from current mill
Clause 27 sets out the minimum requirements for the regulation process
referred to in clause 26. A time limit applies within which growers may be
considered under the process.
Cane production area and hectares cancelled under this clause do not
become unallocated hectares available to be granted under clause 10.
Other provisions that may be included in the process
Clause 28 provides further matters that may be included in the regulation
process and that clause 27 does not limit matters that may be detailed by
regulation in respect of the productivity increase process.
Subdivision 5 --Applications relating to receiving mill
Application allowing supply to receiving mill
Clause 29 provides that a grower may apply under clause 10 to the
receiving cane production board for a new cane production area or an
increase in hectares in the grower's receiving cane production area if the
grower has either:
· Obtained the consents referred to in clause 20; or
· Received a move consent notice referred to in clause 24(2) or
clause 27(2).
The clause details requirements of a grower's application, which are in
addition to the application requirements in division 2. The receiving cane
production board may under clause 10 grant the grower's application, which
will be effective from the start of the crushing season for the next year.
Cancellation of supply to current mill
Clause 30 provides that if the receiving cane production board grants the
grower's application, it will be effective from the start of the following
year's crushing season. The board must notify the current cane production
board to cancel the grower's current cane production area or the relevant
number of hectares, effective from the start of the following year's crushing
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season. The current cane production board must record the cancellation in
its register.
The grower, on cancellation of the current cane production area or
hectares, is not bound by a collective agreement made for the current mill in
so far as the agreement relates to the grower's growing, harvesting and
supplying the cane (note however that if the grower has had only some
hectares cancelled, the grower is still bound by the collective agreement in
respect of cane grown on the remaining hectares in the current cane
production area). The grower's obligations under an individual agreement
are not affected only due to the granting of an application under clause 29.
Hectares cancelled under this clause on grant of an application based on
consents or on a move consent notice issued under the horizontal expansion
process, become unallocated hectares for the current mill.
Division 4 --Cancellation of cane production area without application
Cane production board may cancel a cane production area for
particular reasons
Clause 31 provides that a cane production board may cancel a cane
production area in circumstances detailed in the clause, in order that the
board can meet its objective of ensuring the efficient participation of
growers supplying cane to the mill for which the board is established.
However a board cannot cancel cane production area without first having
issued a `show cause' notice to a grower requesting reasons as to why the
cancellation should not be made. It should be noted here that under clause
213, the notice to show cause must give the person to whom it is given at
least 28 days in which to make submissions.
If a grower has hectares or cane production area cancelled under this
clause, the grower's obligations under a supply agreement are not affected.
Accordingly, a cane production board may cancel a cane production area to
meet its own objectives without affecting other legal proceedings. The
number of hectares cancelled under this clause become unallocated hectares
for the relevant mill area.
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Division 5 --Registration requirements for grant, variation or
cancellation of cane production areas
Giving effect to cane production board's decisions
Clause 32 details that a cane production board must, once satisfied that
the transaction for which an application is made will proceed, record on the
cane production area register the effect of the board's decisions in granting
applications or cancelling cane production area or hectares. The cane
production board may delay recording the effect of a decision made by the
board until it receives confirmation that the transaction has proceeded.
Division 6 --Cane production area plans
Agreed cane production area plan is evidence
Clause 33 provides that a cane production area plan verified by a grower
and the owner of the mill to which the cane production area relates is
evidence of the matters outlined in the plan. Accordingly the verified plan
may be produced, if necessary, as evidence of the matters outlined in the
plan.
Submission of plan to cane production board
Clause 34 provides that a grower or mill owner may submit an
alternative cane production area plan to the cane production board if they are
not satisfied that an original plan is accurate. As to a plan's accuracy, the
cane production board may certify or reject the plan, or amend and certify an
alternative plan.
Cane production board may interpret disputed plans
Clause 35 provides that a cane production board may decide disputed
issues with regard to verified or certified cane production area plans, upon
application from one or both of the parties.
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Division 7 --Expansion of cane production areas generally
Negotiating team must decide expansion of cane production areas
Clause 36 provides that a negotiating team established for a mill must
decide all matters regarding the size of expansion of cane production areas
and length of crushing season for the mill.
Disputes
Clause 37 applies in the event of a dispute about expansion of cane
production area that has been determined under the dispute resolution
process detailed in clause 184. The decision is not binding on the mill
owner and growers if it requires the mill to make a capital investment and
the mill owner refuses. The clause does not apply if the horizontal
expansion or productivity increase processes under division 3 are used.
A grower who has not made an application for expansion is not required
to accept an allocation of hectares to the grower's cane production area.
PART 2--CANE SUPPLY AND PROCESSING
AGREEMENTS
Division 1--Cane supply is governed by supply agreements
Object of pt 2
Clause 38 explains the intention of the part to ensure that individual or
collective supply agreements between growers and mill owners incorporate
cane supply, cane crushing, and payments to growers.
The ability for individual supply agreements to be negotiated is a change
from the position under the Sugar Industry Act 1991, where there were
various constraints on any "mill supply contracts" negotiated separately
from the award. Notably, under this Act, the corporation does not have a
role in approving supply agreements.
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Individual agreement
Clause 39 provides that an individual agreement may be made directly
between 1 or more growers and a mill owner. The content of an individual
agreement is not constrained by a collective agreement in terms of the
period of the agreement or by the quantity of cane supplied from the
grower's available cane for supply. For example, a grower may have both a
collective agreement for a portion of the grower's crop and an individual
agreement for the remainder.
Collective agreement--nature
Clause 40 provides that a negotiating team is to make a collective
agreement for the mill or mills for which it is established.
Collective agreement--before the start of negotiations
Clause 41 details the administrative arrangements and the obligations of
the parties involved in negotiation of a collective agreement.
Collective agreement--making
Clause 42 details matters regarding signing and publishing a collective
agreement.
Collective agreement--effect
Clause 43 confirms that a collective agreement is a legally binding
contract.
Variation of collective agreement
Clause 44 provides for variation of a collective agreement on the
application of 20 or more growers within 21 days of the agreement being
published. However a provision of a collective agreement that has been
determined by a dispute resolution process is not affected by an application
by 20 or more growers. For example if a condition has been subject to a
dispute resolution process, then one of the parties to the agreement must
have been strongly opposed to the condition. Therefore, further strong
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opposition by 20 or more growers cannot start a process to change what a
dispute resolution process has already determined.
Which agreement applies to particular grower
Clause 45 provides that a grower must have a supply agreement for each
season. That agreement may be either an individual agreement with the mill
owner or a collective agreement. If a grower does not voluntarily enter a
supply agreement then the grower is deemed to be part of the collective
agreement with the mill to which the grower's cane production area relates.
Grower may give notice of change of entitlement
Clause 46 provides that a grower, prior to entering into a collective
agreement which is to run for more than 4 years, may notify the negotiating
team of the grower's intention to cease supply from all or a number of
hectares at the end of 4 years. If the cancellation is granted, the grower is
excluded from supply of cane to the mill in relation to the cancelled cane
production area or number of hectares included in it.
The purpose of this provision is to enable growers to plan their exit from
the industry, while at the same time providing some certainty and
information to the mill owner.
Division 2 --Process for entering individual agreements
Individual agreement entered by grower with mill owner
Clause 47 sets out the obligations of a grower and mill owner entering
into an individual agreement. Notably, various notice provisions must be
complied with, and if they are not, the grower and mill owner are bound by
the provisions of the collective agreement that has been negotiated.
Individual agreement--stopping or cancelling
Clause 48 provides that the relevant mill suppliers' committee may apply
for a Magistrates Court order to stop or cancel an individual agreement only
on the ground that the agreement's provisions will significantly adversely
affect growers supplying cane to the mill under the relevant collective
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agreement.
Division 3 - Content of supply agreements
Content of agreement
Clause 49 provides that a supply agreement must cover matters relating
to growing, harvesting, transport, handling and delivery to the mill,
acceptance and crushing by the mill and payment by the mill owner. It
may address financial matters relating to sugar quality. A collective
agreement does not have to set the same conditions and arrangements for all
growers covered by the agreement.
Cane not required to be accepted by mill
Clause 50 provides that whether or not it is stated in a supply agreement,
there are certain circumstances, stated in the clause, in which a mill is not
required to accept cane supplied by a grower with whom a supply
agreement exists.
Delivery and acceptance of cane
Clause 51 details the meaning of delivery and acceptance of cane under a
supply agreement.
Emergency and natural disaster
Clause 52 provides that all parties to a collective agreement are excused
from obligations that they are unable to meet due to natural disasters or
emergency.
Dispute resolution
Clause 53 provides that a collective agreement must provide for a final
decision if there is a dispute within the negotiating team or within a future
negotiating team. A future negotiating team is bound by a previous decision
of a negotiating team.
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If the collective agreement does not provide for dispute resolution, the
process set out in a regulation will be followed.
General considerations
Clause 54 provides that the objective of a collective agreement is to
enhance the net income of the mill owner and the growers supplying cane,
by taking account of local circumstances. The clause details matters that
may be considered when negotiating a collective agreement.
PART 3--CANE VARIETY CONTROL
Approved cane
Clause 55 provides that the Bureau of Sugar Experiment Stations
("BSES") may approve, or cancel approval of, a variety of cane for
growing.
Permit to grow cane of non-approved variety
Clause 56 provides that the BSES may permit upon application, the
growing of a non-approved variety of cane.
Offences concerning non-approved cane
Clause 57 creates an offence if non-approved cane is grown, and further
offences if non-approved cane is disposed of or attempted to be disposed of
to another person, or if it is delivered or attempted to be delivered to a mill,
or if it is accepted at a mill.
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PART 4--CANE ACCESS, HARVESTING AND MILL
SUPPLY
The Act differs from the Sugar Industry Act 1991 in that here, the term
"access right" may be used to refer either to a cane railway easement or to a
permit to pass, unless otherwise specified. The Queensland Sugar
Corporation does not have a role in granting access rights under this Act.
Access right to harvest and supply cane
Clause 58 states that this part provides for the grant, by a land-holder or
the commissioner, of two types of access right, permits to pass and cane
railway easements. The access rights network provides the foundation to
facilitate the harvest of cane and its supply to mills, and enables mill owners
to service the cane railway system.
Permits to pass may be granted to both growers and mill owners.
Permits authorise the grantee (and the grantee's agents) to use the grantor's
land in accordance with permit conditions. Cane railway easements may
only be granted to mill owners.
The grant of an access right is subject to the powers under the Transport
Infrastructure Act 1994 of the chief executive or a railway manager within
the meaning of that Act.
Land-holder may grant an access right
Clause 59 provides that a land-holder may grant an access right affecting
the holder's land, by way of an agreement with a mill owner or grower.
Commissioner may grant an access right
Clause 60 provides, having regard to the importance of access rights to
the industry, for a default mechanism for establishing access rights if
agreement cannot be reached between the land-holder and person seeking
the access right.
The grower or mill owner seeking the access right may apply to the
commissioner for the grant of the access right. Affected parties may be
heard in relation to the application.
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The commissioner may grant the access right and may impose
reasonable conditions to minimise inconvenience and interference to the
land-holder in the use of the land. There is however a limitation on the
commissioner's power to grant an access right in that the commissioner
cannot grant an access right if it would affect native title, unless there is an
indigenous land use agreement in place consenting to the grant.
Notice of decision
Clause 61 obliges the commissioner, within 21 days of a decision being
made under clause 60, to give an information notice of the decision to the
applicant, and if the access right is granted, to any person the commissioner
considers may be entitled to claim compensation.
Grant of access right takes effect on registration
Clause 62 provides for registration of access rights in the register
maintained by the commissioner. Access rights do not take effect until
recorded in the register.
Compensation on grant of access right
Clause 63 provides for compensation rights to land-holders affected by
access rights. Negotiation between parties is encouraged, but if agreement
cannot be reached, the clause provides for determination of compensation
by either a valuer or the Land Court.
Access rights register
Clause 64 obliges the commissioner to establish and maintain an access
rights register, and details the information to be recorded in the register.
Access rights are recorded in the order in which they are granted, and
registration in the register is deemed adequate notice to all persons of the
existence of the right. In this sense the Act contains an exception to the
principles of indefeasibility laid down in the Land Title Act 1994.
Mill owners and growers must notify the commissioner and land-holder
of the relinquishment of access rights. Details are recorded in the register.
Registers may be inspected during the ordinary working hours of the
commissioner's office upon payment of the prescribed fee.
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Certificates
Clause 65 provides that in relation to a proceeding, certificates containing
information recorded in the register may be given by the commissioner and
are taken to be evidence of such information.
Noting of access right on other registers
Clause 66 requires a person to whom an access right is granted, to notify
the registrar of titles within 28 days of the grant. Registrars of other
registers of title to land may also be notified. The Sugar Industry Act 1991
did not specify a time frame within which this notification was to be made.
The registrars must register a note warning of the existence of the access
right. This note is not tantamount to registration of the access right under
the register(s).
Variation and cancellation of access right, dispute resolution and
enforcement
Clause 67 provides for the variation or cancellation of access rights or of
a condition on which an access right is held. This may be done by
agreement between the parties or on application to the commissioner. The
clause details requirements to notify register holders on variation or
cancellation of an access right. The clause also empowers the
commissioner to mediate in disputes about the exercise of access rights.
Access rights are enforced through the Land Court.
Compensation on cancellation or variation of access right
Clause 68 provides for compensation following the commissioner's
cancellation or variation of an access right under clause 67. If the
application to cancel or vary was made by the holder of the access right,
clause 63 applies to the determination of compensation in the same way as it
applies (in clause 63) to the grant of an access right by the commissioner on
the application of a mill owner or grower. If the application was made by
the land-holder, compensation is determined in accordance with clause 68.
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Rectification or reinstatement of land on cancellation or variation of
access right
Clause 69 empowers the commissioner to require rectification and
reinstatement works to be carried out on land following cancellation or
variation of access rights by the commissioner. Where land is no longer
subject to or affected by access rights, work may be necessary before the
land-holder can make use of such land. Such work may involve removal of
structures and repairs to the surface of the land.
Construction etc. of railways, obstruction of access right
Clause 70 makes provision to ensure as far as possible, the supply of
cane to a mill by creating various powers regarding construction,
maintenance, alteration and use of a railway or road and associated vehicles,
rolling stock, machinery and equipment. These powers are where relevant,
subject to provisions of the Local Government Act 1993 and the Transport
Infrastructure Act 1994.
Penalties apply if persons obstruct or attempt to obstruct the use of an
access right or the rights conferred by the clause. Further, persons may
apply for a Magistrates Court order restraining anyone from obstructing or
attempting to obstruct the applicant's use of an access right or right to
construct, maintain, alter or use the railway or road. This avenue did not
exist under the Sugar Industry Act 1991.
PART 5--MILLS
Division 1--What are mills
Meaning of "mill"
Clause 71 provides a definition of "mill".
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Division 2--Proposed mills
Object of div 2
Clause 72 provides that division 2 is intended to facilitate the
establishment of a mill and the arrangements necessary to support and
enable the operation of the new mill such as cane supply agreements and
grant of cane production areas.
Establishment of relevant industry bodies
Clause 73 permits the formation of the industry bodies necessary for a
new mill to function under the statutory scheme. Many of the bodies and
structures are required to be in place before the mill is formally established.
A cane production board may be established under chapter 4 part 4 for
the proposed mill once the Minister is satisfied:
· the person wishing to establish the new mill has demonstrated the
necessary commitment to establishing the mill; and
· arrangements have been made with growers for cane supply.
To facilitate cane supply arrangements negotiating teams are formed as if
the mill has been established. Similarly, in forming a mill suppliers'
committee under the Primary Producers' Organisation and Marketing Act
1926, the proposed growers are considered under that Act to be growers
supplying cane to the mill.
Cane production areas and supply agreements
Clause 74 authorises the cane production board for a proposed mill to
establish cane production areas using the powers conferred by chapter 2 part
1. Other bodies established under the Act are to exercise their powers
relating to cane production areas as if the proposed mill had been
established, except that cane production areas cannot be created, varied or
cancelled until the mill is established.
Collective agreements are of no effect until the mill is established. The
Minister may by gazette notice, declare the day on which the mill is
established.
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Division 3 --Mill Closure
Division 3 outlines the procedure for closing an existing mill. The
division also provides a mechanism for enabling the transfer of access
rights to another mill on the closure of an existing mill. The mill owner
does not require the corporation's consent to close a mill as was the case
under the Sugar Milling Rationalisation Act 1991.
Closure
Clause 75 provides that for division 3, a mill is closed if it permanently
ceases crushing cane. The mill closes at the last moment of the day of
closure. A mill owner must immediately notify the Minister of the day of
closure or suffer imposition of a penalty. The Minister may declare the
closure day by gazette notice.
Meaning of "receiving mill" and "closed mill cane"
Clause 76 defines "receiving mill" for the closed mill to be the mill that
undertakes to crush closed mill cane. "Closed mill cane" is cane that would
have been supplied to the closed mill under supply agreements had it not
closed.
Abolition of relevant industry bodies
Clause 77 provides for the removal of the supporting bodies and
structures made redundant by the mill closure. The cane production board
and negotiating team cease to exist on the mill closure. Where the board
and negotiating team were established for the closed mill and another mill,
both bodies continue to operate in so far as the other mill is concerned.
Action may be taken to support transfer of access rights
Clause 78 authorises regulations to be made to support or complement
arrangements between the receiving mill and the owner or manager of the
closed mill for the purposes of:
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· granting access rights for cane supply and transport of the closed
mill's cane to the receiving mill. Grants may be either by way of
transfer of access rights formerly held by the closed mill or the
grant of additional rights. Any additional rights are subject to the
same provisions about compensation and review as if the grant
were made under clause 60.
· recording the changes in access rights in the registers held under
any Act.
· providing for interpretation of documents evidencing access rights
so as to give effect to the transfer.
Where an access right is transferred, a party is not entitled to
compensation only because the transfer has occurred as a result of mill
closure. Notwithstanding, a negotiated compensation arrangement can be
agreed to between the parties.
Division 4 --Cane analysis programs
Division 4 obliges a negotiating team to develop a cane analysis program
for the mill for which it is established and stipulates the content of such a
program. This differs from the position under the Sugar Industry Act 1991
where similar programs (sugarcane and sugarcane products examination
and testing programs) were not mandatory but instituted at the corporation's
option.
Requirement to have cane analysis program and purpose
Clause 79 obliges each mill to have a cane analysis program. The
program enables a mill owner to obtain information regarding cane received
at the mill for the purpose of supervising payments due to the grower under
the Act's sugar acquisition scheme.
Content of program
Clause 80 details matters about which a program may provide.
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Costs of program
Clause 81 provides that costs associated with operation of the program
are to be paid in the proportions agreed by the mill owner and mill
suppliers' committee, or failing agreement, in equal amounts.
Approval process for program
Clause 82 outlines a process by which the negotiating team can seek
approval for a cane analysis program or variations to a program from the
commissioner. The commissioner may also offer advice to the negotiating
team developing the program. In deciding whether to approve a program
the commissioner must consider the matters detailed in subclause (3).
The commissioner must give the mill owner and mill suppliers'
committee notice of the provisions of a program after approval or variation,
following which the program or variation is binding on the persons to
whom it applies. The commissioner in approving a program may cancel an
existing program.
Enforcement of program
Clause 83 provides that if a person suffers loss or damage due to another
person's contravention of the cane analysis program or a direction under the
program binding on the defaulting party, the first person may recover the
loss or damage as a debt.
Dispute resolution
Clause 84 provides that if a negotiating team cannot agree on the cane
analysis program or a change to the program, the dispute must be resolved
by dispute resolution process.
Division 5 --Cane quality programs
Division 5 obliges a negotiating team to develop a cane quality program,
which forms part of supply agreements, and stipulates the content of such a
program.
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Requirement to have cane quality program
Clause 85 provides that a negotiating team must make a cane quality
program for the mill for which it is established. A copy of the program
must immediately be provided to the corporation and the program is taken
to be part of the collective agreement for the mill and of any supply
agreement made with the mill owner.
Purpose of program
Clause 86 provides that the cane quality program facilitates the
management of sugar quality to meet the customer quality requirements
determined by the corporation.
Content of program
Clause 87 states that quality programs may provide for anything about
achieving cane quality including standards and tests and may also include a
premium and discount scheme for sugar quality.
Costs of program
Clause 88 provides that the costs of operating a cane quality program are
to be met by the mill owner and the mill suppliers' committee in agreed
proportions or failing agreement equally.
Dispute resolution
Clause 89 provides that if a negotiating team cannot agree on the quality
program or a change to the program, the dispute must be resolved by
dispute resolution process.
Division 6 --Commissioner's function for redirection of cane
Redirection of cane
Clause 90 introduces a mechanism to deal with accidents or mishaps
preventing a mill from crushing cane. If a mill cannot crush cane and a
nearby mill is able to crush the disabled mill's cane, the commissioner may
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convene a compulsory conference between both mills and their respective
mill suppliers' committees to determine if the parties can agree on
redirection of the cane. Failure to attend the conference is subject to a
penalty. Each party bears its costs for the conference.
CHAPTER 3--MARKETING
Vesting of sugar in corporation
Clause 91 provides that all sugar upon manufacture becomes the absolute
property of the corporation, free from all mortgages, charges, liens, pledges
and trusts. A person divested of that property has a right to receive payment
under the Act.
Corporation to market and pay for vested sugar
Clause 92 states that the corporation must market the vested sugar and
calculate the net value of sugar marketed and the payments due to each mill
owner. Payments must be made under the relevant payment scheme
established under clause 93.
Schemes for payment
Clause 93 provides that the corporation may, on consultation with mill
owner and grower organisations, establish and amend as many payment
schemes as it considers appropriate. The costs of the corporation's
operations may be shared out to each payment scheme.
The establishment of various payment schemes allows for the setting up
of payment schemes based on, for example, producer pricing and early
season sugar production.
Production of brands of raw sugar
Clause 94 facilitates the marketing of sugar vested in the corporation.
The effect of this clause is that the sugar marketed by the corporation is
managed in order to maximise the pooled proceeds.
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The corporation may make arrangements with a mill owner as to
production of a particular brand of sugar in a particular period or amount. If
agreement cannot be reached, the corporation may make directions to the
mill owner. The corporation will pay the mill owner the costs associated
with manufacture of this sugar that are greater than the cost incurred for
producing the industry standard brand of sugar. Any dispute over a mill
owner's costs must be resolved by the dispute resolution process provided
by regulation.
The industry standard brand is determined by regulation and in general is
the sugar that is commonly manufactured by sugar mills. The purpose of
determining the industry standard brand by regulation is to ensure that all
parties are aware of the base requirement on industry in respect of the
production of brands.
Directions about delivery etc.
Clause 95 gives the corporation absolute power in respect of the delivery
of vested sugar. This power enables the corporation to make directions to
mill owners or growers in relation to storage, delivery instructions,
conditions of delivery, payment of costs associated with supply and supply
of information to the corporation in relation to supply of sugar.
A person who does not comply with a direction is financially liable for
loss or damage suffered by the corporation because of the non-compliance.
Sugar quality standards
Clause 96 provides that the corporation may make a standard as to how
sugar quality is decided and how it affects amounts payable to a mill owner.
The corporation must notify the mill owner and the relevant mill suppliers'
committee in order for the standard to be effective.
Corporation's operating costs
Clause 97 provides that from the proceeds received by the corporation
from the sale of vested sugar, the corporation must provide for:
· costs of the sale of sugar; and
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· costs to discharge its functions, its budgeted costs including the
commissioner's budget, and its operating costs.
Exemption of sugar for local consumption
Clause 98 provides that a mill owner may retain a quantity, specified in
the clause, of sugar manufactured at the mill for local consumption
("exempt sugar"), or sell exempt sugar to another mill owner to be retained
for local consumption. Exempt sugar may only be sold to growers and
workers connected with the mill. Other conditions relevant to exempt sugar
are detailed in the clause. A mill owner is required to keep records of sugar
sold for local consumption, and it is an offence not to do so.
CHAPTER 4--ADMINISTRATION
PART 1--MINISTER'S POWERS
The Minister's powers as detailed in clauses 100 to 102 inclusive apply
in the main to the corporation, the commissioner, BSES, cane production
boards and cane protection and productivity boards.
Minister may establish advisory bodies
Clause 99 provides that the Minister may establish an advisory
committee or other body to help administer the Act.
Reports to Minister
Clause 100 provides that entities referred to in the clause must provide,
when requested by the Minister, a report about any specified matter relating
to the entity's activities or functions under the Act. A regulation may detail
reports to be made by a cane production board. All reports must be
provided within any specified time frame.
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Minister's directions
Clause 101 provides that the Minister may give written directions to the
entities referred to in the clause relating to the discharge of their functions if
the Minister:
· is satisfied the direction is necessary to ensure that the discharge
of the entity's functions does not conflict with major government
policies; and
· has advised the entity that a direction is being considered and has
given the entity an adequate opportunity to discuss the matter with
the Minister.
The Minister must table a copy of the direction in the Legislative
Assembly within 14 days of giving the direction. The clause does not apply
to Ministerial directions about matters authorised under another provision of
this or any other Act.
Minister's directions in entities' annual reports
Clause 102 provides that the entities referred to in the clause must include
details of any direction given by the Minister during the relevant financial
year, in their respective annual report.
PART 2--QUEENSLAND SUGAR CORPORATION
Division 1--Constitution and membership
In line with the intended commercial focus of the corporation as the
marketing arm of the industry, the corporation is established as a body
corporate. The aim, so far as possible, is to structure and operate the
corporation as if it were a company brought into existence under the
Corporations Law.
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Establishment of corporation
Clause 103 provides that subject to the Act, the corporation is established
as a body corporate capable of suing and being sued, acquiring, holding and
dealing with property and undertaking any acts that a body corporate may
undertake according to law.
Judicial notice of corporation's seal
Clause 104 provides that the corporation's seal is to be judicially noticed
and due affixation presumed unless the contrary is proved.
Corporation does not represent the State
Clause 105 provides that the corporation does not represent the State and,
unless so authorised by the State under any Act, cannot make the State liable
for the debts of the corporation or of any other person.
Objectives of corporation
Clause 106 outlines the principal objectives of the corporation. These
objectives reflect the underlying commercial nature of the corporation's
activities.
Board of directors
Clause 107 provides that the corporation's board of directors consists of
10 directors. This includes the chief executive officer who is a director
without further appointment. The remaining 9 directors are appointed by
the Governor in Council, including one appointed as chairperson.
Appointed directors hold office for up to 3 years.
Qualifications for appointment to board of directors
Clause 108 details qualification requirements for directors appointed by
the Governor in Council.
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Remuneration of directors
Clause 109 provides that the corporation pays appointed directors the
fees and allowances decided by the Governor in Council.
Division 2 --General provisions about the corporation
Disqualifications for appointment
Clause 110 details the circumstances and events disqualifying persons
for appointment to the board or continuing as an appointed director.
Vacation of office
Clause 111 describes the circumstances in which an appointed director's
office will become vacant.
Meetings of board of directors
Clause 112 outlines the requirements of and procedures for, meetings of
the board.
Director's interest in a matter to be considered by the board
Clause 113 obliges a director to disclose any interest in any matter that is
to be considered by the board, and details matters relevant to a director's
"material personal interest" (this term is defined in the dictionary in
schedule 2). If a director has a material personal interest, s/he may be
present during discussion of and vote on the matter only in the
circumstances detailed in subclause (4).
Voting etc. by directors on Australian marketing matter
Clause 114 deals with voting on an "Australian marketing matter"
(which is defined in subclause (5)). Any director who is an "industry
participant" (defined in schedule 2) is deemed to have a material personal
interest in the matter and is disqualified from being present at the meeting
while the matter is considered and from voting on the matter. If the
remaining directors are insufficient to form the usual quorum, at least 2
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appointed directors without such interests constitute a quorum for the
purposes of the meeting.
Prohibition on political activity
Clause 115 provides that the board is prohibited from using its funds for
political purposes and from becoming affiliated with any entity with political
objectives.
Removal of director
Clause 116 enables the Governor in Council, if satisfied that the board
has contravened clause 115, to remove a director.
Division 3 --Corporation and officers --general functions, powers and
duties
Functions of corporation
Clause 117 outlines the functions of the corporation. Its primary role as
the marketing arm of the industry is apparent.
General powers of corporation
Clause 118 grants wide powers to the corporation to facilitate the
carrying out of its functions. The corporation is obliged to act commercially
in the exercise of such powers, reflecting the commercial nature of its role.
Corporation to consult industry
Clause 119 provides a framework for the corporation to consult with
industry representatives on matters affecting the Queensland sugar industry,
on a regular basis and when directed by the Minister to do so.
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Chief executive officer and staff of corporation
Clause 120 provides that the corporation must employ a chief executive
officer. The corporation may employ persons and engage consultants and
service providers that it considers necessary.
Corporation's power to delegate
Clause 121 provides for delegation of powers to the chairperson of the
corporation or to an appropriately qualified employee or member of a
committee of the corporation.
Duty and liability of certain officers of corporation
Clause 122 imposes the following obligations on the directors, chief
executive officer and other persons involved in the management of the
corporation:
· to act honestly in the exercise of powers and functions;
· to exercise reasonable care and diligence in the exercise of powers
and functions;
· not to directly or indirectly make improper use of the officer's
position; and
· not to directly or indirectly make improper use of information
acquired because of the person's position as a corporation officer.
Breach of these obligations renders the officer liable to a penalty. The
corporation may recover any profits received by an officer and any loss or
damage suffered by the corporation as a result of any breach, regardless of
whether the officer has been convicted of an offence.
Application of various public sector Acts
Clause 123 settles the extent to which certain public sector Acts apply to
the corporation. The corporation is subject to the provisions of the Acts
mentioned in the clause.
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PART 3--BUREAU OF SUGAR EXPERIMENT
STATIONS
Division 1--Constitution and membership
Establishment of BSES
Clause 124 provides for the establishment of the BSES subject to the
Act, as a body corporate capable of suing and being sued, acquiring, holding
and dealing with property and undertaking any acts that a body corporate
may undertake according to law.
Judicial notice of BSES's seal
Clause 125 provides that the BSES's seal is to be judicially noticed and
due affixation presumed unless the contrary is proved.
Objective of BSES
Clause 126 identifies the BSES's role as a major research, development
and extension body for the industry.
Board of directors
Clause 127 details the composition of the BSES's board of directors and
provides that appointed directors hold office for 3 years.
Qualifications for appointment to board of directors
Clause 128 details qualification requirements for the BSES's appointed
directors.
Remuneration of directors
Clause 129 provides that the Governor in Council decides the fees and
allowances paid by the BSES to appointed directors.
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Division 2 --General provisions about BSES
Disqualifications for appointment
Clause 130 details the circumstances and events disqualifying persons
for appointment to the board or continuing as an appointed director.
Vacation of office
Clause 131 describes the circumstances in which the office of an
appointed director will become vacant.
Meetings of the board of directors
Clause 132 outlines the requirements of, and procedures for, meetings of
the board.
Director's interest in a matter to be considered by the board
Clause 133 obliges a director to disclose any interest in any matter that is
to be considered by the board, and details matters relevant to a director's
"material personal interest" (this term is defined in the dictionary in
schedule 2). If a director has a material personal interest, s/he may be
present during discussion of and vote on the matter only in the
circumstances detailed in subclause (4).
Prohibition on political activity
Clause 134 prohibits the BSES from using its funds for political
purposes or becoming affiliated with any entity with political objectives.
Removal of director
Clause 135 enables the Governor in Council, if satisfied that the board
has contravened clause 134, to remove a director.
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Division 3 --BSES and officers --general functions, powers and duties
Functions of BSES
Clause 136 outlines the functions of the BSES and reflects its primary
role as a major research, development and advisory body for the industry.
Notably, the BSES under this Act is able to commercially exploit the
products of its research, development and extension activities. Also, under
this Act, the BSES is no longer to assist cane protection and productivity
boards in the discharge of their functions as was the case under the Sugar
Industry Act 1991. The BSES may however collaborate with cane
protection and productivity boards in the coordination of local research,
development and extension.
General powers of BSES
Clause 137 grants powers to the BSES to facilitate the discharge of its
functions.
BSES's power to delegate
Clause 138 provides for delegation of powers to a director or to an
appropriately qualified staff member. The BSES may no longer, as was the
case under the Sugar Industry Act 1991, delegate to a cane protection and
productivity board.
Application of various public sector Acts
Clause 139 takes account of the statutory nature of the BSES and makes
the BSES subject to the provisions of the Acts mentioned in the clause.
Division 4 --Funding
Chief executive officer and staff of BSES
Clause 140 provides that the BSES must employ a chief executive
officer. The BSES may employ persons and engage consultants, service
providers and inspectors it considers necessary.
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Regulation may levy a charge payable to BSES
Clause 141 makes provision for a regulation to levy a charge payable to
BSES on growers and mill owners in relation to cane growing, harvesting,
supply and processing. The charge is to be used to fund BSES's services to
the Queensland sugar industry. If the charge is not paid, it can be recovered
by the BSES as a debt due from the grower or mill owner. If a mill owner
pays a grower's charge, the mill owner can recover the amount from the
grower. The regulation may prescribe the operational aspects of the charge
such as the basis on which it will be made and how it will be paid.
PART 4--CANE PRODUCTION BOARDS
Division 1--Establishment and membership
Establishment of a cane production board
Clause 142 provides that the Minister may establish a cane production
board for 1 mill or for more than 1 mill if a single negotiating team has been
established for those mills.
Objectives of a cane production board
Clause 143 identifies the role of the cane production board in facilitating
participation by growers and mill owners in the industry at a local level.
Cane production boards have an additional objective to those of local boards
under the Sugar Industry Act 1991, to assist in the sustainable production of
cane.
Functions and powers of a cane production board
Clause 144 details the functions of a cane production board and reflects
its administrative role in the industry at a local level, and the necessity for
the boards to be aware of environmental and other matters affecting the local
industry. Cane production boards have wider administrative functions than
those of local boards under the Sugar Industry Act 1991, and an additional
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function in making guidelines about matters specified in the clause. Cane
production boards have the power to do anything necessary or convenient to
be done for their functions.
Power to engage assistance
Clause 145 enables a cane production board to employ and engage
persons it considers necessary to assist in the carrying out of its functions.
Local boards did not have this ability under the Sugar Industry Act 1991.
Membership of a cane production board
Clause 146 details membership requirements of a cane production board
and provides that members are appointed by the Minister for up to 3 years.
Chairpersons must be persons whom the Minister is satisfied will act
independently in discharging their functions.
Acting appointments
Clause 147 provides for the appointment of acting board members by the
entity that nominated the member for appointment.
Remuneration of members
Clause 148 provides for the remuneration of cane production board
members. The fees payable to the chairperson are set by the Minister and
are paid jointly by the mill owner(s) and mill suppliers' committee(s). The
fees payable to members are set and paid for by the mill owner(s) and mill
suppliers' committee(s).
Division 2--General provisions about cane production boards
Disqualifications for appointment
Clause 149 details the circumstances and events disqualifying persons
for appointment to the board or continuing as an appointed member.
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Vacation of office
Clause 150 describes the circumstances in which a cane production board
member's office will become vacant.
Meetings of a cane production board
Clause 151 outlines the requirements of and procedures for, meetings of
a cane production board.
Member's interest in a matter to be considered by a board
Clause 152 obliges a cane production board member to disclose any
interest in any matter to be considered by the board, and details matters
relevant to a member's "material personal interest" (this term is defined in
the dictionary in schedule 2). If a member has a material personal interest,
s/he may be present during discussion of and vote on the matter only in the
circumstances detailed in subclause (4).
Administrative costs
Clause 153 provides that the mill owner(s) and mill suppliers'
committee(s) as agreed between them pay a cane production board's
administrative costs. Failing agreement, the administrative costs will be
shared equally.
Legal and professional costs
Clause 154 provides that cane production boards cannot incur legal or
other professional costs unless the majority of members agree.
Division 3 --Amalgamation of cane production boards
Amalgamation
Clause 155 provides for the Minister to amalgamate cane production
boards established for more than 1 mill if a single negotiating team has been
established for those mills. The clause contains provisions relating to
abolition of the old board and commencement of the new board. The
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amalgamation process differs from the process under the Sugar Industry
Act 1991, which enabled the Minister to amalgamate local boards following
a poll for amalgamation.
Other effects of amalgamation
Clause 156 provides transitional arrangements for the transfer of the
abolished board's affairs to the new board. For instance, existing
proceedings or proceedings that might have been commenced by or against
the abolished board may be continued or commenced by or against the new
board. The abolished board's assets, rights, liabilities and obligations
become those of the new board. References to abolished boards are taken to
be references to the new board.
The new board must act to replace the abolished board's cane production
area register with a single register detailing each cane production area
relating to each mill for which the new board is established. Further, the
negotiating team established for both mills must act to establish a single
cane analysis program and cane quality program for the mills.
Division 4--Cane production board register
Cane production board to keep cane production area register
Clause 157 obliges a cane production board to keep a register for each
cane production area supplying cane to the mill for which it is established,
and stipulates the information to be recorded in the register. The clause also
contains provisions relating to form and inspection of registers and states
that regulations may stipulate the information to be notified to the board for
registration and notification procedures. The obligation to keep a register is
a newly created obligation for cane production boards, as under the Sugar
Industry Act 1991 the corporation kept the equivalent Sugar Cane
Assignment Register.
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PART 5--CANE PROTECTION AND PRODUCTIVITY
BOARDS
Division 1 --Constitution and membership
Establishment of productivity area and cane protection and
productivity board
Clause 158 provides for the establishment by regulation of a productivity
area and a cane protection and productivity board for a productivity area.
Cane protection and productivity board
Clause 159 establishes a cane protection and productivity board as a body
corporate having a seal and capable of suing and being sued in its corporate
name.
Judicial notice of a cane protection and productivity board's seal
Clause 160 provides that a cane protection and productivity board's seal
is to be judicially noticed and due affixation presumed unless the contrary is
proved.
Objective of a cane protection and productivity board
Clause 161 details the objective of a cane protection and productivity
board as being the enhancement of the industry through increase in the
quantity and improvement in the quality of cane crops in the productivity
area.
Membership of a cane protection and productivity board
Clause 162 provides that members of a cane protection and productivity
board are appointed by the Minister. Once appointed, members may
choose one of their number to act as chairperson.
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Acting appointments
Clause 163 facilitates the appointment of a person, under the direction of
the BSES, to act as a member for any meeting of the board. The clause
details the entities that are able to appoint acting members.
Remuneration of members
Clause 164 provides that board members are paid by the board the fees
and allowances set by the Minister.
Division 2--General provisions about cane protection and productivity
boards
Disqualifications for appointment
Clause 165 details the circumstances and events disqualifying persons
for appointment to the board or continuing as an appointed member.
Vacation of office
Clause 166 describes the circumstances in which a cane protection and
productivity board member's office will become vacant.
Meetings of a cane protection and productivity board
Clause 167 outlines the requirements of and procedures for, meetings of
cane protection and productivity boards.
Member's interest in a matter to be considered by the board
Clause 168 obliges a cane protection and productivity board member to
disclose any interest in any matter that is to be considered by the board, and
details matters relevant to a member's "material personal interest". If a
member has a material personal interest in a matter, s/he may be present
during discussion of and vote on the matter only in the circumstances
detailed in subclause (4).
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Prohibition on political activity
Clause 169 provides that a cane protection and productivity board must
not use its funds for political purposes or become affiliated with any entity
with political objectives.
Removal of member
Clause 170 enables the Minister, if satisfied the cane protection and
productivity board has contravened clause 169, to remove a member.
Division 3--Cane protection and productivity board's functions, powers
and duties
Functions of a cane protection and productivity board
Clause 171 outlines the functions of a cane protection and productivity
board and reflects its role as a local advisory body on productivity issues
particularly in relation to crop quality and land use sustainability. The board
also has a role in minimising the environmental impact of the local industry.
General powers of a cane protection and productivity board
Clause 172 grants powers to a cane protection and productivity board to
facilitate the discharge of its functions.
Power to engage assistance
Clause 173 empowers a cane protection and productivity board to
employ or engage any persons considered necessary.
Application of various public sector Acts
Clause 174 takes account of the statutory body status of a cane protection
and productivity board and makes the board subject to the provisions of the
Acts mentioned in the clause.
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Regulation may levy a charge payable to a board
Clause 175 makes provision for a regulation to levy a charge payable to a
cane protection and productivity board on growers and mill owners in
relation to cane growing, harvesting, supply and processing. The charge is
to be used to fund the board's services to the Queensland sugar industry. If
the charge is not paid, it can be recovered by the board as a debt due from
the grower or mill owner. If a mill owner pays a grower's charge, the mill
owner can recover the amount from the grower. The regulation may
prescribe the operational aspects of the charge such as the basis on which it
will be made and how it will be paid.
Division 4 --Dissolution of cane protection and productivity boards
Dissolution
Clause 176 provides that a cane protection and productivity board may be
dissolved by regulation.
Another cane protection and productivity board to take place of
dissolved cane protection and productivity board
Clause 177 provides that assets, rights, liabilities, obligations and causes
of action by or against a dissolved board may be transferred by regulation to
the new board, and that references to a dissolved board are taken to be
references to the new board. This differs from the position under the Sugar
Industry Act 1991 whereby the BSES took the place of a dissolved cane
protection and productivity board.
Change to registers
Clause 178 facilitates the recording of transfers of property from
dissolved boards to new boards in the relevant registers of title and property.
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PART 6--NEGOTIATING TEAMS
Division 1--Establishment of negotiating team
Establishment
Clause 179 establishes a negotiating team for each mill.
Membership
Clause 180 provides that a mill owner and mill suppliers' committee are
to be equally represented on negotiating teams. Additional members may
be appointed by agreement between the mill owner and mill suppliers'
committee. The mill suppliers' committee and mill owner are to advise
each other of the names of the members appointed for the coming year by 1
January each year, and if membership changes during the year. The
appointment of members differs from the position under the Sugar Industry
Act 1991 where the Governor in Council was responsible for appointing
members to negotiating teams.
Acting appointments
Clause 181 provides that a mill owner and the mill suppliers' committee
may appoint a person to act as a negotiating team member for any meeting.
Objective of a negotiating team
Clause 182 provides that the objective of a negotiating team is to assist
growers and mill owners to jointly improve profitability.
Division 2--Functions and powers
Functions and powers
Clause 183 outlines the functions of a negotiating team and reflects its
role as the body responsible for the development of grower and mill owner
agreements. Further, negotiating teams decide matters about expansion and
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develop cane analysis and cane quality programs. These functions have
been expanded upon from negotiating teams' more limited function under
the Sugar Industry Act 1991 to make awards for the mill(s) for which the
team was established. A negotiating team has the power to do anything
necessary or convenient to be done for its functions.
Dispute resolution about functions
Clause 184 provides a mechanism for resolving disputes within a
negotiating team relating to the team's functions. If a dispute resolution
process agreed by the negotiating team applies to a dispute that process
must be followed. If a process has not been agreed upon, the process
provided for under a regulation must be followed. Decisions made by a
negotiating team to resolve disputes are considered final decisions and are
not subject to the Commercial Arbitration Act 1990. Under the Sugar
Industry Act 1991, negotiating teams were not responsible for developing a
dispute resolution process.
Power to engage assistance
Clause 185 enables a negotiating team to employ and engage persons
considered necessary. Negotiating teams were not, under the Sugar
Industry Act 1991, able to engage assistance.
Division 3 --General provisions about negotiating teams
Meetings and decisions of a negotiating team
Clause 186 outlines the requirements of and procedures for, meetings of
a negotiating team. The clause provides that a decision of a negotiating team
must be unanimous or as decided under a dispute resolution process under
clause 184.
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PART 7--SUGAR INDUSTRY COMMISSIONER
The sugar industry commissioner is a position newly created under this
Act. The position of commissioner was created in order to separate
regulatory functions from marketing and commercial functions, all of which
had been undertaken by the corporation under the Sugar Industry Act 1991.
The commissioner will carry out the majority of regulatory functions that
were previously carried out by the corporation.
Division 1 --Commissioner
Appointment of commissioner
Clause 187 provides for the appointment by the Governor in Council of a
sugar industry commissioner for a term of up to 5 years on conditions
specified in the instrument of appointment.
Functions of commissioner
Clause 188 outlines the functions of the commissioner.
Remuneration
Clause 189 provides for the commissioner to be paid the remuneration,
including allowances, decided by the Governor in Council.
Disqualifications for appointment
Clause 190 details the circumstances and events disqualifying persons
for appointment or continuing to act as commissioner.
Vacation of office
Clause 191 describes the circumstances in which the office of
commissioner will become vacant.
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Commissioner's independence
Clause 192 obliges a commissioner to act independently and impartially
in the discharge of the office. The corporation may provide the
commissioner with access to administrative support services to facilitate the
effective and efficient discharge of the commissioner's functions.
Commissioner's budget
Clause 193 provides for the commissioner to annually prepare and
submit a draft budget to the Minister. The Minister decides the budget after
consultation with the corporation and industry bodies. The corporation is
responsible for paying the budget, which includes the commissioner's
remuneration decided under clause 189. The commissioner may only
authorise expenditure in accordance with the budget approved by the
Minister, unless otherwise directed by the Minister.
Commissioner's staff
Clause 194 provides that the commissioner may employ staff considered
to be necessary.
Commissioner's power to delegate
Clause 195 provides for the commissioner to delegate the
commissioner's powers to an appropriately qualified staff member, an
entity established under the Act, or an appropriately qualified member or
officer of an entity. Additionally, powers relating to cane analysis programs
may be delegated to appropriately qualified persons other than those
specifically mentioned above.
The commissioner's mediation powers in relation to disputes about the
exercise of an access right may be delegated to an appropriately qualified
mediator or to the chairperson of the cane production board established for
the mill that is or is proposed to be supplied with cane through use of the
access right.
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Prohibition on political activity
Clause 196 provides that the commissioner is prohibited from using
funds provided under the Act for political purposes.
Removal of commissioner
Clause 197 enables the Governor in Council, if satisfied that the
commissioner has contravened clause 196, to remove the commissioner
from office.
Division 2 --Commissioner's function for registers
Commissioner and registers
Clause 198 obliges the commissioner to keep the central register of cane
production areas. For this purpose the commissioner may require cane
production boards to forward information for entry in the register. The
clause also permits a cane production board to, with the agreement of the
mill and mill suppliers' committee, effectively delegate its responsibility for
keeping the local cane production area register to the commissioner.
CHAPTER 5--APPEALS
Appeal to Magistrates Court
Clause 199 provides for rights of appeal to the Magistrates Court, and the
appeal process, with respect to the decisions detailed in subclause (1).
The court may confirm the decision or set it aside and make another
decision, which is taken to be the decision of the commissioner or relevant
cane production board. A decision of the Magistrates Court may be taken
on appeal to the District Court on a question of law.
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Appeal to Land Court
Clause 200 provides a right of appeal in respect of the commissioner's
decision under clauses 60 or 67, respectively in relation to grant of an access
right, or variation and cancellation of an access right.
The court may confirm the appealed decision or set it aside and make
another decision, which is taken to be the decision of the commissioner and
from which there is no right of appeal.
CHAPTER 6--AUTHORISATIONS FOR
COMPETITION LEGISLATION
The effect of the chapter is to specifically authorise for the competition
legislation, certain matters under the Act. Where relevant, these matters are
authorised even if they have the purpose, effect or likely effect of
substantially lessening competition. The authorisations are necessary for
those actions that may be considered to be anti-competitive.
Definitions for ch 6
Clause 201 provides definitions for terms referred to in the chapter.
"Competition legislation" is defined to mean section 51(1)(b) of the Trade
Practices Act 1974 (Cwlth) or section 51 of the Competition Code.
Cane production areas
Clause 202 specifically authorises for the competition legislation, certain
matters relevant to the granting, variation or cancellation of a cane
production area (including conditions attached to the cane production area).
Expansions
Clause 203 provides that the following decisions are specifically
authorised for the competition legislation:
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· refusal by a mill owner or mill suppliers' committee to give
consent under clause 20 to a grower's application under clause 29.
· rejection by a mill owner of the arbitrator's decision mentioned in
clause 23(4) or 26(3)(d).
· a current cane production board's giving of or refusal to give, a
move consent notice under clauses 24(2) or 27(2).
· a negotiating team's decision about expansion under clause 36.
The latter two decisions above apply to the giving of or refusal to give a
notice, or the making of a decision, only to the extent the notice or refusal is
given, or the decision is made, in order to give effect to a settlement.
The above decisions are authorised even if they have the purpose, effect
or likely effect of substantially lessening competition.
Supply agreements--individual agreements
Clause 204 provides that subject to the clause, the making or variation of
individual agreements by 1 or more growers and mill owner are specifically
authorised for the competition legislation.
Supply agreements--collective agreements
Clause 205 provides that subject to the clause, the making or variation of
collective agreements by a negotiating team are specifically authorised for
the competition legislation.
Supply agreements--payments
Clause 206 provides that entry into a supply agreement is specifically
authorised for the competition legislation, to the extent that the agreement
provides for the terms on which payments are to be made by a mill owner
to a grower for cane supplied under the agreement.
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Cane quality programs
Clause 207 provides that a negotiating team's making of a cane quality
program for a mill under clause 85 is specifically authorised for the
competition legislation, to the extent that the program provides for a scheme
of premiums and discounts for cane quality and gives effect to a settlement.
Payment schemes
Clause 208 provides that the corporation's establishment of payment
schemes under clause 93 and anything done under or because of a payment
scheme are specifically authorised for the competition legislation.
Brand sugar
Clause 209 specifically authorises for the competition legislation, the
entry into of and the giving of effect to, an arrangement between the
corporation and a mill owner under clause 94 under which the owner is to
produce a particular brand of raw sugar in a particular period or amount.
Directions about delivery
Clause 210 specifically authorises for the competition legislation, the
corporation's directions on matters regarding the storage of vested sugar
before its supply to the corporation, and delivery of vested sugar to the
corporation. The clause also specifically authorises anything done under or
because of a direction by the corporation or a person to whom the direction
is given.
Sugar price directions
Clause 211 confirms that entry by the corporation into a contract for the
sale of sugar for a price stated in a sugar price direction (given by the
Minister under clause 101(1)), is specifically authorised for the competition
legislation.
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CHAPTER 7--MISCELLANEOUS
Injunctions
Clause 212 authorises the Supreme Court to grant injunctions restraining
a person from engaging in conduct detailed in subclause (1), and if
considered desirable, requiring the person to do anything.
Application to the Supreme Court is made by either an entity established
under the Act or by any other party whose interests are or would be affected
by the conduct. Injunctions restraining conduct may only be given if there
is no other adequate remedy. Alternatively, injunctions may be granted
where the parties consent. The court may grant interim injunctions.
The court may also vary or discharge injunctions and grant damages in
addition to or in substitution for the grant of an injunction. The court's
power to grant an injunction may be exercised regardless of the
circumstances detailed in subclauses (8) and (9).
General provisions about show cause proceedings
Clause 213 provides for a `show cause' notice to give the recipient at
least 28 days within which to make submissions. The entity giving the
notice may extend this time and must give the recipient reasonable
opportunity to be heard.
Statutory declaration
Clause 214 permits the commissioner or another entity established under
the Act to require that information given in support of an application or
submission is verified by statutory declaration.
Records to be kept
Clause 215 obliges each entity established under the Act to keep records
necessary for the discharge of its functions.
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Superannuation schemes
Clause 216 permits entities established under the Act to make
arrangements for superannuation.
Offence to make false statement in application or submission
Clause 217 makes it an offence to make, without reasonable excuse, false
or misleading statements in applications or submissions made to an entity
under the Act.
Improper use of information prohibited
Clause 218 prohibits a past or present commissioner, officer, director,
member or employee of the entities established under the Act from
improperly using information or opportunities arising from their position, to
benefit any person or cause harm to the entity.
Indemnity
Clause 219 provides an indemnity from legal action in relation to acts
and omissions done or not done in good faith and without negligence, for
the persons detailed in the clause.
Proceedings for an offence
Clause 220 details requirements and matters relevant to proceedings to be
taken in respect of any offence committed under the Act.
Evidence
Clause 221 contains evidentiary provisions relating to commission of
offences against the Act.
Regulation-making power
Clause 222 empowers the Governor in Council to make regulations
under the Act, and to impose a maximum penalty of not more than 20
penalty units for any contravention of a regulation.
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CHAPTER 8--AMENDMENTS, REPEALS AND
TRANSITIONAL PROVISIONS
PART 1--AMENDMENTS AND REPEALS
Amendments
Clause 223 provides that schedule 1 amends the Acts and regulations
referred to in the schedule.
Repeals
Clause 224 provides that the Sugar Industry Act 1991 and the Sugar
Milling Rationalisation Act 1991 are repealed.
Subsequent references in the explanatory notes to the Sugar Industry Act
1991 will be to the "repealed Act".
PART 2--TRANSITIONAL PROVISIONS
Division 1--Interpretation
Definitions for pt 2
Clause 225 details definitions for the purposes of part 2.
Division 2 --Assignments
Assignment becomes a cane production area
Clause 226 provides for a person who held an assignment under the
repealed Act to become a grower holding a cane production area under this
Act. The land described in the assignment and cane production area is the
same.
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The rights and obligations attached to an assignment under the repealed
Act are not carried forward to this Act. However, a new set of rights and
obligations that apply to cane production areas are established under this
Act.
Plan of transitional assignment becomes plan of a cane production
area
Clause 227 provides for a plan of assignment under the repealed Act to
be a plan of cane production area under this Act.
Particular corporation guideline to continue in effect
Clause 228 provides for a guideline made by the corporation in relation
to a grant of assignment, to continue as a guideline of each cane production
board.
The corporation guideline remains in effect until the cane production
board makes a guideline about a similar matter or otherwise until 30 March
2000.
Division 3 --Awards and mill supply contracts
Awards
Clause 229 provides for existing awards to remain in effect until they
expire.
Mill supply agreements
Clause 230 provides for existing mill supply agreements to continue in
force as a supply agreement under this Act.
Existing mill starts as mill
Clause 231 deems a mill that existed under the repealed Act, to be a mill
under clause 71 of this Act.
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Division 4 --Transitional easements and permits to pass
Transitional easement becomes a cane railway easement
Clause 232 deems easements granted under the repealed Act to be access
rights, with the same conditions, under this Act.
Transitional permit becomes permit to pass
Clause 233 deems permits to pass granted under the repealed Act to be
access rights, with the same conditions, under this Act.
Register of easements becomes the access rights register
Clause 234 provides for the register of easements under the repealed Act
to become the access rights register under this Act, for which the
commissioner is responsible.
References to the register of easements
Clause 235 deems a reference to an easement or a permit to pass in a
register maintained by the registrar of titles or another person responsible
for maintaining a register of title in land, to be a reference to the relevant
access right.
Transitional applications
Clause 236 continues as an application for the relevant access right to the
commissioner under this Act, an undecided application under the repealed
Act by either a mill owner for a grant of easement or by a mill owner or
grower for a permit to pass.
Division 5--Marketing
Vesting preserved
Clause 237 continues the vesting in the corporation under this Act,
anything vested in the corporation under the repealed Act.
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Pool for payment
Clause 238 makes provision for a sugar pool and any related
arrangements under the repealed Act to be a payment scheme under this
Act.
Directions about delivery to and acceptance by corporation
Clause 239 continues until they expire, the corporation's delivery
instructions and arrangements regarding vested sugar.
Sugar quality standards
Clause 240 continues under this Act, an existing Ministerial standard
about sugar quality.
Division 6 --Minister's powers
Minister's directions to corporation
Clause 241 continues under this Act, an existing Ministerial direction
regarding the discharge of the corporation's functions.
Division 7 --Queensland Sugar Corporation
Continuation of corporation
Clause 242 continues the corporation under this Act. Appointed
directors continue to hold their positions until their terms expire and the
chief executive and all staff continue in employment on the same terms and
conditions.
Delegation continues
Clause 243 continues any delegation by the corporation of its powers.
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Sugar Cane Assignment Register becomes the commissioner's register
Clause 244 provides that the Sugar Cane Assignment Register
established and maintained under the repealed Act becomes the register kept
by the commissioner under this Act.
Before 30 March 2000, each cane production board must have requested
the commissioner to provide the parts of the commissioner's register that
are relevant to the cane production board's area and activities.
Although no process is described in the Act, the commissioner will most
likely need to set up an administrative process for the transfer of recorded
information between each cane production board and the commissioner.
Division 8 --Bureau of Sugar Experiment Stations
Continuation of bureau
Clause 245 provides for the continuation of the BSES under this Act.
Appointed directors continue to hold their positions until their terms expire
and the director of BSES and all staff continue in employment on the same
terms and conditions.
Approved cane and permits for non-approved cane
Clause 246 provides that existing approvals and permits issues by the
BSES in relation to the growing of cane, remain valid under this Act subject
to the conditions on which the approvals and permits were granted.
Division 9 --Cane production boards
Local board becomes a cane production board
Clause 247 provides that a local board established under the repealed Act
becomes a cane production board under this Act. A member of a local
board becomes a member of the relevant cane production board, until their
term expires.
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The powers and functions of cane production boards are quite different
from those that were exercised by local boards under the repealed Act. No
powers or functions of local boards have been handed on to cane production
boards, other than those stated in this Act.
References to certain boards etc.
Clause 248 provides that a reference to a local board may be taken to be a
reference to a cane production board, if the context permits.
Division 10 --Cane protection and productivity boards
Continuation of productivity areas
Clause 249 provides that a declared sugarcane productivity area under the
repealed Act continues as a productivity area under this Act.
Continuation of cane protection and productivity boards
Clause 250 provides that a cane protection and productivity board under
the repealed Act continues as a cane protection and productivity board under
this Act. Appointed members continue to hold their positions until their
terms expire, and any staff continue in employment on the same terms and
conditions.
Division 11--Negotiating teams
Continuation of negotiating teams
Clause 251 provides that a negotiating team established under the
repealed Act continues as a negotiating team under this Act. Appointed
members continue to hold their positions until their terms expire.
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Division 12 --Sugarcane and sugarcane products examination and
testing programs
Continuation of programs
Clause 252 provides that a sugarcane and sugarcane products
examination and testing program instituted for a mill under the repealed Act
continues under this Act as a cane analysis program. Obligations on
persons created by the repealed Act program remain unchanged.
Division 13--Sugar Industry Tribunal
Continuation of pt 12 of repealed Act
Clause 253 provides for the continuation of the Sugar Industry Tribunal
for the purposes of this section. The tribunal will continue to hear
applications brought before it before the Sugar Industry Act 1991 was
repealed until all applications have been finalised.
The tribunal, in addition to its powers under part 12 of the repealed Act,
may make orders necessary to account for changes to the law under this
Act, and give effect to its decision under this Act.
Division 14 --Sugar Industry Commissioner
Particular functions postponed
Clause 254 provides for the postponement of commencement of the
commissioner's functions regarding cane analysis programs until 1 January
2000.
Division 15 --Competition policy legislation
Definitions for div 15
Clause 255 defines terms used in the division.
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Guidelines
Clause 256 specifically authorises the corporation's making an
assignment grant guideline (in force under section 139(1) of the repealed
Act and referred to in clause 228 of this Act), to the extent that the guideline
provides (under the repealed Act) with respect to the aggregate of all
assignments' areas available to be granted in a calendar year, that a
prescribed proportion is to be offered in the first instance to holders of
existing assignments.
Awards
Clause 257 specifically authorises for the competition legislation, the
making of an award by a negotiating team under section 118 of the repealed
Act and continued in force under clause 229 of this Act, to the extent that the
award is made for giving effect to a settlement about matters detailed in
subclause (2).
Mill supply agreements
Clause 258 in relation to existing mill supply contracts, specifically
authorises for the competition legislation the activities under a contract that
are detailed in subclause (2).
Directions about delivery to and acceptance by corporation
Clause 259 specifically authorises for the competition legislation, in
relation to a direction regarding delivery of vested sugar given under section
108 of the repealed Act and continued in force under clause 239 of this Act,
the things detailed in subclause (2).
Minister's directions to corporation
Clause 260 specifically authorises for the competition legislation, the
entry by the corporation into a contract for the sale of sugar for a price stated
in a written direction from the Minister under section 25(1) of the repealed
Act and continued in force under clause 241 of this Act.
70
Sugar Industry
Expiry
Clause 261 provides that division 15 expires on 30 June 2000.
SCHEDULE 1
Schedule 1 contains amendments to other Acts and regulations.
SCHEDULE 2
Schedule 2 contains the dictionary.
© The State of Queensland 1999