Chicken Meat Industry Committee Act 1976

Queensland Chicken Meat Industry Committee Act 1976 Current as at 28 March 2014 Reprint note This is the last reprint before repeal. Repealed by 1976 Act No. 43 s 44. Repealed on 20 June 2014.

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Queensland Chicken Meat Industry Committee Act 1976 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Part 3 20 22 22A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chicken Meat Industry Committee Constitution of committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Disqualification from and vacation of office . . . . . . . . . . . . . . . . . 8 Deputies of chairperson and members . . . . . . . . . . . . . . . . . . . . 9 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Appointment of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Additional roles of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Fees, allowances, expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Committee is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Agreements Agreements to be written . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Specific authorisations for competition legislation . . . . . . . . . . . . 15 Grower’s contribution to registration and annual fees. . . . . . . . . . 15

Chicken Meat Industry Committee Act 1976 Contents Part 4 25 26 Part 5 Division 1 27 Division 2 28 29 30 31 32 Division 3 33 34 35 Division 4 36 Division 5 37 38 39 Part 6 40 41 42 43 Part 7 44 General provisions Protection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abolition of the committee Preliminary Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions about transfer and abolition Committee’s decision about proposed transfer . . . . . . . . . . . . . . Eligible entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of committee’s decision about proposed transfer . . . . . . . Minister’s decision about committee notice . . . . . . . . . . . . . . . . . Minister’s decision if no approval notice given . . . . . . . . . . . . . . . Transfer Transfer of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . Transferee does not represent the State . . . . . . . . . . . . . . . . . . . Evidence and registration of transferred assets . . . . . . . . . . . . . . Abolition Abolition of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Ending of contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of operation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Chicken Meat Industry Committee Amendment Act 2014 Existing agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unresolved disputes must be referred to arbitrator . . . . . . . . . . . Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal of Act Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 16 17 17 18 19 19 20 20 21 21 22 22 22 23 23 23 24 24 Endnotes 1 2 3 4 Page 2 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 25 26

Chicken Meat Industry Committee Act 1976 Contents 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Page 3

Chicken Meat Industry Committee Act 1976 Part 1 Preliminary [s 1] Chicken Meat Industry Committee Act 1976 [as amended by all amendments that commenced on or before 28 March 2014] An Act relating to the stabilisation of the chicken meat industry, to establish a chicken meat industry committee and for connected purposes Part 1 Preliminary 1 Short title This Act may be cited as the Chicken Meat Industry Committee Act 1976 . 2 Definitions In this Act— agreement means an agreement between a processor or processors and a grower or growers relating wholly or partly to the receival, purchase, supply or sale of broiler chickens for processing. approval notice , for part 5, see section 31(2)(a). assets , for part 5, see section 27. authorised person , for part 5, see section 27. broiler chicken means a chicken that is being or has been grown under intensive housing conditions specifically for human consumption as meat after processing. chairperson means the chairperson of the committee, and includes a deputy of the chairperson whilst acting as chairperson. Current as at 28 March 2014 Page 5

Chicken Meat Industry Committee Act 1976 Part 1 Preliminary [s 2] Page 6 chicken means a fowl of the species Gallus gallus or other species or subspecies developed by domestication that is of an age of 16 weeks or less. chicken meat means meat produced from broiler chickens. collective negotiations means negotiations between growers or their representatives and a processor for making an agreement. committee means the Chicken Meat Industry Committee established by this Act. committee notice , for part 5, see section 30(1). competition legislation means the Competition and Consumer Act 2010 (Cwlth), section 51(1)(b), or the text of that provision as included in section 51(1)(b) of the Competition Code of Queensland. Editor’s notes — 1 Section 51 (Exceptions) of the Code provides— ‘... the following must be disregarded: (a) ... (b) anything done in a State, if the thing is specified in, and specifically authorised by: (i) an Act passed by the Parliament of that State; or’. 2 The Code applies as a law of Queensland under the Competition Policy Reform (Queensland) Act 1996 , part 2. eligible entity , for part 5, see section 29. grower means a person who grows chickens in such numbers as will permit the supply thereof to a processor as broiler chickens in batches of 1000 or more. liabilities , for part 5, see section 27. negotiated agreement means an agreement made as a result of collective negotiations. notice , for part 5, see section 27. person includes a partnership or firm and a body of persons, corporate or unincorporate. Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 3] pre-amended Act means this Act as in force immediately before the commencement. processing , in relation to broiler chickens, means killing and preparing for sale for human consumption as meat. processor means a person who receives or purchases broiler chickens for processing and includes a person who receives or purchases from a grower broiler chickens for sale to another person for processing by that other person. proposed transfer day , for part 5, see section 28(2)(a). proposed transferee , for part 5, see section 28(2)(b). transfer day means the day the Minister declares as the transfer day by gazette notice under section 31(2)(b) or 32(2)(c). transferee , for part 5, see section 27. Part 2 Chicken Meat Industry Committee 3 Constitution of committee (1) For the purposes of this Act there is established and there shall be hereafter constituted a committee called the Chicken Meat Industry Committee. (2) The committee consists of— (a) an equal number of representatives of growers and processors; and (b) a person, other than a grower or processor, who is to be the chairperson. Current as at 28 March 2014 Page 7

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 4] 4 Appointment of members (1) The Minister must appoint the committee members by gazette notice. (2) In the case of representatives of processors the appointment shall be of persons selected by the Minister after consultation by the Minister with such body or bodies representing the interests of processors as the Minister determines. (3) In the case of representatives of growers the appointment shall be of persons selected by the Minister after consultation by the Minister with such body or bodies representing the interests of growers as the Minister determines. (4) Where a body entitled to consultations pursuant to subsections (2) and (3) fails within 14 days after a request in writing in that behalf by the Minister to enter into consultations, the Minister may without such consultations appoint persons who are, in the opinion of the Minister suitable persons to represent the interests of processors or, as the case may be, growers. 5 Tenure of office (1) A member of the committee shall be appointed and hold office for a term of 3 years but if by the expiration of that term the member’s successor has not been duly appointed, the member shall, subject to this Act, hold office until the member’s successor is duly appointed. (2) A member of the committee shall, if the member is otherwise qualified, be eligible for reappointment as a member. (3) The Governor in Council may at any time by notification published in the gazette remove a member of the committee from office as a member. 6 Disqualification from and vacation of office (1) A person who— Page 8 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 7] (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by the person in Queensland would have constituted an indictable offence; shall not be capable of being or continuing to be a member of the committee. (2) The office of a member of the committee shall become vacant if the member— (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave granted by the committee from 3 consecutive meetings of the committee of which due notice has been given to the member; (d) resigns office as a member by signed writing furnished to the Minister; (e) ceases to be qualified to be a member; (f) is removed from office as a member by the Governor in Council. 7 Deputies of chairperson and members (1) The Minister at any time— (a) may appoint persons who are not members of the committee to be deputies of the chairperson; (b) may, after consultations with the bodies referred to in section 4(2) and (3), appoint persons who are not members of the committee to be deputies of the several members of the committee. (2) A person appointed as a deputy of a member of the committee shall, in the absence of the member whose deputy the person Current as at 28 March 2014 Page 9

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 8] is, attend any meeting of the committee in the stead of that member and whilst so attending shall have and may exercise all the powers, authorities, functions and duties of a member of the committee. 8 Meetings (1) The committee shall meet at least twice in every calendar year and at any time if requested so to do by the Minister or a member or members. (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held, shall be in writing and shall be given by the chairperson to every member of the committee at least 7 days prior to the date appointed for that meeting. (3) A notice of a meeting or an adjourned meeting may be given to a member by prepaid post letter addressed to the member’s place of business or residence last known to the chairperson. (4) The members present at a meeting of the committee may at any time adjourn the meeting. (5) If a quorum is not present at a meeting of the committee within 15 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than 2 are present or the secretary to the committee if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than 7 days after the date of the adjournment. (6) The provisions of this subsection shall be construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 9 Procedure at meetings (1) The chairperson shall preside at all meetings of the committee at which the chairperson is present and in his or her absence a deputy of the chairperson appointed under section 7(1)(a) Page 10 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 10] shall preside and whilst so presiding shall have and may exercise and perform all the powers, authorities, functions and duties of the chairperson. (2) A quorum consists of— (a) a majority of committee members who are representatives of growers; and (b) a majority of committee members who are representatives of processors. 10 Conduct of business (1) The committee shall exercise or perform a power, authority, function or duty by the vote of its members, other than the chairperson, present at the meeting and voting on the business in question. (2) A member of the committee who being present at a meeting and eligible to vote abstains from voting shall be taken to have voted for the negative. (3) Subject to this Act, the committee shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. 11 Casual vacancies (1) Where a vacancy occurs in the office of a member of the committee during the term of office of the members then constituting the committee, the Minister may appoint another qualified person as a member in accordance with section 4. (2) A person appointed to fill a casual vacancy in the membership of the committee shall be appointed for the balance of the term for which the person’s predecessor was appointed and shall, if otherwise qualified, be eligible for reappointment as a member of the committee. Current as at 28 March 2014 Page 11

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 12] 12 Appointment of officers The committee shall appoint and at all times have a secretary and may appoint such other officers, as, in its opinion, are necessary for the proper exercise or performance of its powers, authorities, functions and duties under this Act. 13 Functions (1) The committee’s functions are— (a) to facilitate collective negotiations for agreements, including, for example, by— (i) convening a group comprising representatives of growers and a processor to negotiate agreements; and (ii) recommending procedures for the group in the negotiations; and (b) to refer disputes between growers and processors to mediation; and (c) to refer disputes under agreements between growers and processors to arbitration; and (d) to make recommendations to growers and processors about minimum conditions of agreements and other issues affecting the chicken meat industry; and (e) to represent growers and processors on issues affecting the industry; and (f) to give information to growers and processors about issues affecting the industry. (2) Despite subsections (1)(d) and (1)(f), the committee must not make recommendations or give information to growers and processors about— (a) growing fees for supplying broiler chickens under agreements; or (b) how the fees are decided. Page 12 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 2 Chicken Meat Industry Committee [s 14] 14 Powers (1) The committee— (a) may do anything necessary or convenient to be done for performing its functions; and (b) without limiting paragraph (a), may charge for services and facilities it provides. (2) Without limiting subsection (1), the committee has the powers given to it under this or another Act. (3) A charge under subsection (1)(b) must not be more than the reasonable cost of providing the service or facility. 15 Additional roles of chairperson (1) The chairperson may, at any time, give the Minister a report about the committee’s performance of its functions. (2) Also the chairperson must, when asked by the Minister, give the Minister a report about the following— (a) the committee’s performance of its functions; (b) any issue about the chicken meat industry. (3) In addition, the chairperson may advise other committee members about the performance of the committee’s functions. 16 Fees, allowances, expenses (1) The members of the committee shall be entitled to receive such fees, allowances or expenses as are prescribed or so far as not prescribed as the Minister determines. (2) Fees, allowances or expenses may differ in respect of different members of the committee according to class of payment, rate or position held on the committee. 17 Finance All costs including fees, allowances and expenses associated with the functions and operation of the committee incurred in Current as at 28 March 2014 Page 13

Chicken Meat Industry Committee Act 1976 Part 3 Agreements [s 18] connection with the administration of this Act shall be paid out of the funds of the committee. 18 Accounts (1) The chairperson of the committee shall cause to be kept true and regular accounts and records of all moneys received and paid by or on behalf of the committee for or with respect to the purposes of this Act and of the several purposes for which sums of money have been received or paid. (2) The chairperson of the committee shall at least once in each year arrange for an audit of the accounts and records of the financial transactions of the committee to be carried out and for the provision to the Minister of a copy of the report on such audit, certified by the auditor who carried out the audit. 19 Committee is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the committee is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the committee’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . Part 3 Agreements 20 Agreements to be written (1) A processor must not receive from a grower broiler chickens for processing other than under a written agreement. Maximum penalty—20 penalty units. (2) A grower must not supply to a processor broiler chickens for processing other than under a written agreement. Page 14 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 3 Agreements [s 22] Maximum penalty—20 penalty units. (3) In this section— receive includes purchase. supply includes sell. 22 Specific authorisations for competition legislation The following are specifically authorised for the competition legislation— (a) collective negotiations for making a negotiated agreement, or making a negotiated agreement, or giving effect to a provision of a negotiated agreement, that has the purpose of, or would have or be likely to have the effect of, substantially lessening competition; (b) collective negotiations for making a negotiated agreement, or making a negotiated agreement, or giving effect to a provision of a negotiated agreement, to the extent it has the purpose, or has or is likely to have the effect of, fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of, the price for, or a discount, allowance, rebate or credit for, the supply or acquisition of broiler chickens. 22A Grower’s contribution to registration and annual fees (1) If an agreement is registered under section 24B, the processor under the agreement may recover from the grower under the agreement, as a debt, 50% of— (a) the fee that, under section 24B, the processor paid to apply to register the agreement; and (b) each annual fee that, under section 24D, the processor pays for the agreement. Current as at 28 March 2014 Page 15

Chicken Meat Industry Committee Act 1976 Part 4 General provisions [s 25] (2) The processor may set-off an amount owing under subsection (1) against any amount that, under the agreement, the producer owes the grower. (3) This section applies despite any provision of the agreement. Part 4 General provisions 25 Protection of members A member of the committee does not incur liability for any act done by the committee or by him or her acting as a member of the committee in good faith and for the purposes of this Act. 26 Regulation-making power The Governor in Council may make regulations under this Act. Part 5 Abolition of the committee Division 1 Preliminary 27 Definitions for pt 5 In this part— approval notice see section 31(2)(a). assets , of the committee, means all assets of the committee immediately before the transfer day. Page 16 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 28] authorised person , for a proposed transferee or transferee, means its secretary or another individual with the written authority of its board of directors. committee notice see section 30(1). eligible entity see section 29. liabilities , of the committee, means all liabilities of the committee immediately before the transfer day. notice means written notice. proposed transfer day see section 28(2)(a). proposed transferee see section 28(2)(b). transferee means the entity the Minister declares as the transferee by gazette notice under section 31(2)(b) or 32(2)(c). Division 2 Decisions about transfer and abolition 28 Committee’s decision about proposed transfer (1) The committee must decide to— (a) transfer its assets and liabilities to an eligible entity; and (b) abolish itself. (2) For subsection (1)(a), the committee must decide the following— (a) the day on which it proposes to transfer its assets and liabilities (the proposed transfer day ); (b) the eligible entity to which it proposes to transfer its assets and liabilities (the proposed transferee ). 29 Eligible entity (1) An entity is an eligible entity only if— Current as at 28 March 2014 Page 17

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 30] (a) the entity is any of the following— (i) an incorporated association; (ii) a public company, other than a public company that has a share capital; (iii) a non-trading cooperative; and (b) the entity is not an industrial association; and (c) the entity has, by notice to the committee signed by an authorised person for the entity, agreed to the transfer; and (d) the entity’s constitution or rules are consistent with the entity promoting the interests of the chicken meat industry in Queensland. (2) In this section— incorporated association see the Associations Incorporation Act 1981 , schedule. industrial association see the Industrial Relations Act 1999 , section 102. non-trading cooperative see the Cooperatives Act 1997 , section 15. public company see the Corporations Act, section 9. 30 Notice of committee’s decision about proposed transfer (1) The committee must give the Minister notice (the committee notice ) of its decision under section 28. (2) The committee notice must state the following— (a) the date the decision was made; (b) the proposed transfer day; (c) the proposed transferee’s name; (d) that the committee is satisfied the proposed transferee is an eligible entity. Page 18 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 31] (3) The committee notice must be accompanied by a copy of the notice mentioned in section 29(1)(c). 31 Minister’s decision about committee notice (1) The Minister must consider the committee notice and approve or refuse to approve the proposed transfer. (2) If the Minister considers that all requirements for this division have been complied with for the proposed transfer, the Minister must— (a) give the committee a notice (an approval notice ) approving the proposed transfer; and (b) declare the transfer day and transferee by gazette notice. (3) If the Minister does not consider that all requirements for this division have been complied with for the proposed transfer, the Minister must— (a) give the committee a written direction about compliance with the requirements, including, for example, a direction to give the Minister stated information; or (b) give the committee a notice— (i) refusing the proposed transfer; and (ii) giving the reasons for the refusal. (4) The committee must comply with a direction given under subsection (3)(a) within the reasonable time stated in the direction. 32 Minister’s decision if no approval notice given (1) This section applies from the day that is 6 months after the commencement if the Minister— (a) has not given the committee an approval notice; and (b) is not considering a committee notice; and Current as at 28 March 2014 Page 19

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 33] (c) has not, under section 31(3)(a), given the committee a written direction for which the time for compliance has not expired. (2) The Minister must— (a) decide the day on which the committee’s assets and liabilities will be transferred; and (b) decide the eligible entity to which the assets and liabilities will be transferred; and (c) declare the transfer day and the transferee by gazette notice. Division 3 Transfer 33 Transfer of assets and liabilities (1) On the transfer day, the committee’s assets and liabilities are transferred to, and become the assets and liabilities of, the transferee. (2) However, an annual fee that is unpaid on the transfer day— (a) is taken not to be an asset of the committee; and (b) must be written off by the chairperson. (3) In this section— annual fee means an annual fee prescribed under section 24D(2)(b) of the pre-amended Act. 34 Transferee does not represent the State The transferee— (a) does not represent the State; and (b) can not make the State liable for the debts and obligations of the transferee or any other person. Page 20 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 35] 35 Evidence and registration of transferred assets (1) A certificate signed by an authorised person for the transferee is evidence that an asset has become an asset of the transferee on the transfer day if the certificate— (a) identifies the asset; and (b) states the asset was, immediately before the transfer day, an asset of the committee; and (c) states that, under this division, the asset became an asset of the transferee on the transfer day. (2) If the certificate is given to an entity with registration functions under a law of the State for assets of that kind, the entity must do the following as if the certificate were an appropriate instrument of transfer of the asset— (a) register the matter in the same way as transactions for assets of that kind; (b) deal with, and give effect to, the certificate. Example of an entity with registration functions — the registrar of titles (3) A transfer of the asset to the transferee may be registered or given effect under a law of another State or the Commonwealth if— (a) the certificate is given to an entity with registration functions for assets of that kind under the law; and (b) the entity is permitted by law to do so. Division 4 Abolition 36 Abolition of committee (1) This section takes effect immediately after the committee’s assets and liabilities are transferred to the transferee under section 33(1). (2) The committee is abolished and its members go out of office. Current as at 28 March 2014 Page 21

Chicken Meat Industry Committee Act 1976 Part 5 Abolition of the committee [s 37] (3) No compensation is payable to any person because of subsection (2). Division 5 Miscellaneous 37 Ending of contracts (1) This section applies to a contract to which the committee is a party immediately before the transfer day. (2) The contract ends on the transfer day. (3) No compensation is payable to any person because of subsection (2). 38 Records (1) On the transfer day each record of the committee, other than a public record, is transferred to the department. Note — For what happens to the public records of the committee on the transfer day, see the Public Records Act 2002 , section 8(3). (2) In this section— public record see the Public Records Act 2002 , section 6. 39 Saving of operation This part is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies. Page 22 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Part 6 Transitional provisions for Chicken Meat Industry Committee Amendment Act 2014 [s 40] Part 6 Transitional provisions for Chicken Meat Industry Committee Amendment Act 2014 40 Existing agreements (1) This section applies to an agreement in force immediately before the repeal, whether or not the agreement was registered under section 24C of the pre-amended Act immediately before that section’s repeal. (2) The agreement remains in force after the repeal until it is terminated or otherwise ends. (3) In this section— repeal means the repeal of this Act. 41 Registration applications (1) This section applies if— (a) before the commencement, the processor under an agreement applied, under section 24B of the pre-amended Act, for registration of the agreement; and (b) on the commencement, the agreement has not been registered. (2) The application lapses on the commencement. (3) If an application lapses under subsection (2), the committee must— (a) notify the applicant of the lapsing; and (b) refund the fee that accompanied the application. 42 Unresolved disputes must be referred to arbitrator (1) This section applies to a dispute about an agreement or a proposed agreement if— Current as at 28 March 2014 Page 23

Chicken Meat Industry Committee Act 1976 Part 7 Repeal of Act [s 43] (a) the dispute arises on or after the commencement; or (b) the dispute arose before the commencement and has not, by the commencement— (i) been resolved by the parties; or (ii) been resolved by mediation under section 23 of the pre-amended Act; or (iii) been referred to arbitration under section 24 of the pre-amended Act. (2) Despite any provision in the agreement, the committee must refer the dispute to an arbitrator appointed by the committee. (3) However, the arbitrator must not be appointed without the agreement of the parties to the dispute. (4) If the parties have not agreed to the appointment by the transfer day, the dispute is taken to have ended. (5) If the parties agree to the appointment, the Commercial Arbitration Act 2013 applies to the arbitration. (6) The committee can not be ordered to pay the costs, or part of the costs, of the arbitration. 43 Application of pt 6 This part is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies. Part 7 Repeal of Act 44 Repeal This Act is repealed immediately after the transfer day. Page 24 Current as at 28 March 2014

Endnotes Chicken Meat Industry Committee Act 1976 Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 6 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. Current as at 28 March 2014 Page 25

Chicken Meat Industry Committee Act 1976 Endnotes The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 2 2A 2B 2C Amendments to 1995 Act No. 58 1996 Act No. 54 1999 Act No. 45 2000 Act No. 16 2001 Act No. 63 2001 Act No. 63 Effective 28 November 1995 1 June 1997 1 July 1999 1 July 1999 16 November 2001 28 February 2002 Reprint date 16 January 1996 4 July 1997 12 October 1999 25 May 2001 30 November 2001 28 February 2002 Reprint No. 2D 2E 2F 3 3A Amendments included 2002 Act No. 49 2003 Act No. 82 2004 Act No. 53 — 2010 Act No. 54 Effective 24 September 2002 6 November 2003 29 November 2004 29 November 2004 1 January 2011 Notes R2F withdrawn, see R3 Current as at 17 May 2013 28 March 2014 Amendments included 2013 Act No. 8 2014 Act No. 10 Notes 4 List of legislation Chicken Meat Industry Committee Act 1976 No. 43 date of assent 5 May 1976 commenced 3 June 1976 (proc pubd gaz 5 June 1976 p 816) amending legislation— Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Page 26 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Endnotes Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Primary Industries Legislation Amendment Act 1999 No. 45 ss 1–2(1) pt 3 date of assent 17 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1999 (see s 2(1)) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions commenced 28 February 2002 (2002 SL No. 27) Primary Industries Legislation Amendment Act 2001 No. 63 pts 1, 3 date of assent 25 October 2001 ss 1–2 commenced on date of assent remaining provisions commenced 16 November 2001 (2001 SL No. 206) Primary Industries Legislation Amendment Act 2002 No. 49 s 1, pt 3 date of assent 24 September 2002 commenced on date of assent Primary Industries and Other Legislation Amendment Act 2003 No. 82 ss 1–2(1)(a), pt 3, s 88 sch date of assent 6 November 2003 commenced on date of assent (see s 2(1)(a)) Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Fair Trading (Australian Consumer Law) Amendment Act 2010 No. 54 ss 1–2, 67 sch date of assent 1 December 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2011 (2010 SL No. 359) Commercial Arbitration Act 2013 No. 8 ss 1AA–1AB, 43 sch 1 pt 2 date of assent 14 March 2013 ss 1AA–1AB commenced on date of assent remaining provisions commenced 17 May 2013 (2013 SL No. 65) Chicken Meat Industry Committee Amendment Act 2014 No. 10 date of assent 28 March 2014 commenced on date of assent Current as at 28 March 2014 Page 27

Chicken Meat Industry Committee Act 1976 Endnotes 5 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 6. Definitions prov hdg sub 1999 No. 45 s 6(1) s 2 prev s 2 om R1 (see RA s 37) def approval notice ins 2014 No. 10 s 3 def approved form ins 1995 No. 58 s 4 sch 1 om 1999 No. 45 s 6(2) def assets ins 2014 No. 10 s 3 def authorised person ins 2014 No. 10 s 3 def committee notice ins 2014 No. 10 s 3 def collective negotiations ins 1999 No. 45 s 6(3) def committee notice ins 2014 No. 10 s 3 def competition legislation ins 1999 No. 45 s 6(3) amd 2010 No. 54 s 67 sch def eligible entity ins 2014 No. 10 s 3 def liabilities ins 2014 No. 10 s 3 def Minister om R1 (see RA s 39) def negotiated agreement ins 1999 No. 45 s 6(3) def notice ins 2014 No. 10 s 3 def pre-amended Act ins 2014 No. 10 s 3 def proposed transfer day ins 2014 No. 10 s 3 def proposed transferee ins 2014 No. 10 s 3 def transfer day ins 2014 No. 10 s 3 def transferee ins 2014 No. 10 s 3 Constitution of committee s 3 prev s 3 om R1 (see RA s 36) pres s 3 amd 1999 No. 45 s 7 Appointment of members s 4 amd 1989 No. 103 s 3 sch; 1999 No. 45 s 8 Disqualification from and vacation of office s 6 amd 2000 No. 16 s 590 sch 1 Procedure at meetings s 9 amd 1999 No. 45 s 9 Conduct of business s 10 amd 1999 No. 45 s 10 Functions s 13 sub 1999 No. 45 s 12 Powers s 14 prev s 14 om 1999 No. 45 s 11 pres s 14 ins 1999 No. 45 s 12 sub 2003 No. 82 s 6 Page 28 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Endnotes Additional roles of chairperson s 15 ins 1999 No. 45 s 12 Committee is statutory body s 16 ins 1996 No. 54 s 9 sch Finance s 17 amd 2001 No. 63 s 9 PART 3—AGREEMENTS pt hdg ins 1999 No. 45 s 13 sub 2014 No. 10 s 4 Division 1—Agreements div hdg ins 1999 No. 45 s 13 om 2014 No. 10 s 5 Agreements to be written s 20 prev s 20 om 1999 No. 45 s 14 pres s 20 ins 1999 No. 45 s 13 Processors to notify committee of agreements s 21 orig s 21 om 1999 No. 45 s 14 prev s 21 ins 1999 No. 45 s 13 om 2001 No. 63 s 10 Specific authorisations for competition legislation s 22 prev s 22 om 1999 No. 45 s 14 pres s 22 ins 1999 No. 45 s 13 Grower’s contribution to registration and annual fees s 22A ins 2002 No. 49 s 7 Division 2—Dispute resolution div hdg ins 1999 No. 45 s 13 om 2014 No. 10 s 6 Mediation s 23 ins 1999 No. 45 s 13 om 2014 No. 10 s 6 Arbitration s 24 orig s 24 sub 1995 No. 58 s 4 sch 1 om 1999 No. 45 s 15 prev s 24 ins 1999 No. 45 s 13 amd 2013 No. 8 s 43 sch 1 pt 2 om 2014 No. 10 s 6 PART 3A—REGISTRATION OF AGREEMENTS AND ANNUAL FEES pt hdg ins 2001 No. 63 s 11 om 2014 No. 10 s 7 Current as at 28 March 2014 Page 29

Chicken Meat Industry Committee Act 1976 Endnotes Division 1—Registration div 1 (ss 24A–24C) ins 2001 No. 63 s 11 om 2014 No. 10 s 7 Division 2—Annual fees div 2 (s 24D) ins 2001 No. 63 s 11 om 2014 No. 10 s 7 Regulation-making power prov hdg amd 2003 No. 82 s 88 sch; 2004 No. 53 s 2 sch s 26 prev s 26 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 26(3)) pres s 26 ins 1995 No. 58 s 4 sch 1 PART 5—ABOLITION OF THE COMMITTEE pt hdg prev pt 5 hdg ins 2001 No. 63 s 12 exp 14 January 2002 (see prev s 28) pres pt 5 hdg ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Division 1—Preliminary div hdg ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Definitions for pt 5 s 27 prev s 27 ins 2001 No. 63 s 12 exp 14 January 2002 (see prev s 28) pres s 27 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Division 2—Decisions about transfer and abolition div hdg ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Committee’s decision about proposed transfer s 28 prev s 28 ins 2001 No. 63 s 12 exp 14 January 2002 (see prev s 28) pres s 28 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Eligible entity s 29 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Notice of committee’s decision about proposed transfer s 30 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Minister’s decision about committee notice s 31 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Page 30 Current as at 28 March 2014

Chicken Meat Industry Committee Act 1976 Endnotes Minister’s decision if no approval notice given s 32 ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Division 3—Transfer div 3 (ss 33–35) ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Division 4—Abolition div 4 (s 36) ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) Division 5—Miscellaneous div 5 (ss 37–39) ins 2014 No. 10 s 8 AIA s 20A applies (see s 39) PART 6—TRANSITIONAL PROVISIONS FOR CHICKEN MEAT INDUSTRY COMMITTEE AMENDMENT ACT 2014 pt 6 (ss 40–43) ins 2014 No. 10 s 8 AIA s 20A applies (see s 43) PART 7—REPEAL OF ACT pt 7 (s 44) ins 2014 No. 10 s 8 6 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Primary Industries Legislation Amendment Act 1999 s 47(a) [Reprint No. 2] Previous Renumbered as 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 6(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(3) 6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(4) 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 7(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(2) 7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(3) 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 10(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(3) 10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(4) 10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(5) 10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(6) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Current as at 28 March 2014 Page 31

Chicken Meat Industry Committee Act 1976 Endnotes Previous Renumbered as 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 3 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 19C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 19D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 19E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 19F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 4 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 32 Current as at 28 March 2014