Grain Research Foundation Act 1976

Queensland Grain Research Foundation Act 1976 Reprinted as in force on 1 December 2006 Reprint No. 2A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 1976 Act No. 68 s 43

Information about this reprint This Act is reprinted as at 1 December 2006. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Grain Research Foundation Act 1976 Contents Part 1 1 2 4 Part 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Matters about the foundation Constitution of the foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Foundation to be a body corporate . . . . . . . . . . . . . . . . . . . . . . . 4 Membership of the foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Term of appointment of members. . . . . . . . . . . . . . . . . . . . . . . . . 5 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Filling of casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proceedings of the foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Functions of the foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Powers of the foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Financial arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Foundation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Funds to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 General fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Loan funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Indemnity to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Grain Research Foundation Act 1976 Part 3 28 Part 4 Division 1 29 Division 2 Subdivision 1 30 31 32 33 34 35 36 Subdivision 2 37 38 39 40 41 Division 3 42 Part 5 43 Miscellaneous Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters about dissolution of the foundation Preliminary Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dissolution of the foundation Steps to transfer and dissolution Decision to transfer to replacement corporation. . . . . . . . . . . . . . Foundation to decide particular matters for transfer . . . . . . . . . . . Conditions for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of decision about replacement corporation . . . . . . . . . . . . Minister’s decision about transfer . . . . . . . . . . . . . . . . . . . . . . . . . Transfer and dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement corporation does not represent the State. . . . . . . . Provisions facilitating transfer Registration of transferred assets. . . . . . . . . . . . . . . . . . . . . . . . . References to the foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuity of proceedings and matters. . . . . . . . . . . . . . . . . . . . . Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members stop holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal of Act Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 15 15 15 16 16 17 17 17 18 18 18 19 19 20 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 21 22 22 22 23

s1 3 s4 Grain Research Foundation Act 1976 Grain Research Foundation Act 1976 [as amended by all amendments that commenced on or before 1 December 2006] An Act relating to the promotion of research in the Queensland grain industry; to provide for the constitution of a grain research foundation; and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Grain Research Foundation Act 1976 . 2 Commencement This Act shall commence on a day to be fixed by proclamation. 4 Definitions In this Act— assets , for part 4, see section 29. association see section 7(1)(a). authorised person , for part 4, see section 29. company limited by guarantee , for part 4, see section 29. grain industries means the crop industries engaged in the production or development of cereal grains, coarse grains, oilseeds and grain legumes, and includes any crop industry which is declared by regulation to be a grain industry for the purposes of this Act. liabilities , for part 4, see section 29.

s5 4 s7 Grain Research Foundation Act 1976 notice , for part 4, see section 29. proposed transfer day , for part 4, see section 29. replacement corporation , for part 4, see section 29. the foundation means the Grain Research foundation constituted under this Act. transfer day , for part 4, see section 29. Part 2 Matters about the foundation 5 Constitution of the foundation There shall be constituted a body by the name of the Grain Research foundation. 6 Foundation to be a body corporate (1) The foundation shall— (a) be a body corporate with perpetual succession and an official seal; (b) be capable in law of— (i) suing and being sued; and (ii) acquiring, holding, dealing with and disposing of real and personal property; and (iii) doing and suffering all such acts and things as bodies corporate may by law do and suffer. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the foundation affixed to any document or other writing and shall presume, until the contrary is proved, that it was duly affixed. 7 Membership of the foundation (1) The foundation is to consist of 7 members being—

s8 5 s8 Grain Research Foundation Act 1976 (a) (i) an officer of the department who is an agricultural scientist and has substantial experience in the administration of agricultural research; (ii) 2 agricultural scientists, each of whom represents a body, of whatever nature, which conducts agricultural research; and nominated by the chief executive after consultation with the entity the chief executive considers is the peak industry body representing grain growers in the State’s grain industries (the association ); and (b) 4 representatives of the association, each of whom— (i) is actively involved in the grain industries; and (ii) has a comprehensive knowledge of the grain industries; and (iii) has the ability to assess research priorities of the grain industries; nominated by the association. (2) Nominations of the persons to be appointed members of the foundation are to be made within the time and in the manner determined by the Minister. (2A) If the association does not make a nomination within the time and in the manner so determined, the Governor in Council may appoint persons to be members of the foundation as the representatives of the association and each such member is to be taken to have been nominated by the association. (3) The members of the foundation are to be appointed by the Governor in Council. 8 Term of appointment of members The appointment of a member of the foundation is for the term (not longer than 3 years) specified in the member’s instrument of appointment.

s 9 6 s 10 Grain Research Foundation Act 1976 9 Chairperson (1) At the first meeting of the foundation, the members present shall appoint one of their number to be chairperson of the foundation. (2) At the first meeting of the foundation held after 1 July in each year after the year of the first constitution of the foundation the members present shall appoint one of their number to be chairperson of the foundation. (3) In the event of a vacancy occurring in the office of chairperson, the members of the foundation shall at their next meeting appoint one of their number to be chairperson to fill the vacancy. (4) The chairperson holds office as such until the appointment of a successor or until he or she resigns as chairperson or until he or she ceases to be a member of the foundation whichever shall first occur. (5) A chairperson holding office and who is otherwise eligible may be reappointed as chairperson at the termination of his or her period of office as chairperson. (6) The chairperson of the foundation shall be the person appointed as chairperson from time to time pursuant to this section. (7) If the chairperson is not present at a meeting of the foundation, the members present shall appoint from their number a member as chairperson to preside at the meeting, and, whilst so presiding, the member in question may do all such acts and things as the chairperson may do. 10 Vacation of office (1) The office of a member of the foundation becomes vacant if the member— (a) dies; (b) becomes bankrupt or compounds with the member’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

s 11 7 s 12 Grain Research Foundation Act 1976 (c) is convicted in the State of an indictable offence (whether on indictment or summarily) or is convicted elsewhere of an offence that, had it been committed in the State, would be an indictable offence; (d) is absent, without prior leave granted by the foundation, from 3 consecutive ordinary meetings of the foundation; (e) resigns by signed notice given to the Minister; (f) in the case of the member referred to in section 7(1)(a)(i)—ceases to be an officer of the department; (g) in the case of a member referred to in section 7(1)(b)—is removed from office by the Governor in Council pursuant to subsection (2); (h) in the case of a member other than the member referred to in section 7(1)(a)(i)—is removed from office by the Governor in Council pursuant to subsection (3). (2) The Governor in Council is to remove from office a member referred to in section 7(1)(b) on receipt of a request in writing by the association to so remove the member on the ground that the association no longer desires him or her to be a member as its representative. (3) The Governor in Council may, for misbehaviour or incapacity appearing to the Governor in Council to be sufficient for so doing, remove from office a member other than the member referred to in section 7(1)(a)(i). 11 Filling of casual vacancies Where a vacancy occurs in the office of a member of the foundation, the Governor in Council may, in accordance with section 7 and subject to the provisions with respect to nomination contained therein, appoint another person as a member to hold office for the balance of his or her predecessor’s term of office. 12 Proceedings of the foundation (1) Subject to subsection (2), the chairperson shall convene such meetings of the foundation as are, in his or her opinion, necessary for the efficient performance of its functions.

s 12 8 s 12 Grain Research Foundation Act 1976 (2) The chairperson shall convene a meeting of the foundation if requested by another member of the foundation to do so. (3) Not less than 7 days notice of a meeting of the foundation shall be given by the chairperson to the other members, but all the members may agree to a meeting being held on shorter notice being given or without notice. (4) The convenience of the majority of the members shall be considered when a meeting date is being selected. (5) If for any reason the chairperson is not available to convene a meeting of the foundation when another member desires a meeting to be convened, that member may, with the consent of the other members, select a date suitable to such other members for a meeting, and a meeting of the foundation may be convened on that date. (6) The chairperson shall preside at every meeting of the foundation at which he or she is present. (7) Four members constitute a quorum at any meeting of the foundation. (8) Questions arising at a meeting of the foundation shall be determined by a majority of votes of the members present. (9) If a member refuses or fails to vote, his or her vote shall be counted in the negative. (10) The chairperson or other person presiding at a meeting of the foundation has an original vote and, in the event of an equal division of votes upon any question, has a second or casting vote. (11) The foundation shall keep minutes of the proceedings of its meetings. (12) An act or proceeding of the foundation shall not be invalid or ineffectual in consequence only of the number of members of the foundation not being complete at the time of such act or proceeding. (13) All acts and proceedings of the foundation shall, notwithstanding any defect in the appointment of a member or that any member was disqualified or disentitled to act, be as valid and effectual as if every such member had been duly

s 13 9 s 15 Grain Research Foundation Act 1976 appointed and was qualified and entitled to act and as if the foundation had been properly and fully constituted. (14) Subject to the foregoing provisions, the foundation shall conduct and regulate its business in such manner as it determines from time to time. 13 Fees and allowances (1) Subject to subsection (2), each member of the foundation is to be paid, by the foundation, such fees and allowances, if any, as the Governor in Council from time to time determines. (2) Fees are not to be paid to a member who is a public service employee, for attendance at any meeting held during the ordinary working hours of the employee. 14 Staff (1) The foundation may appoint a secretary and such other employees as may in its opinion be necessary for the proper performance of its functions under this Act. (2) Employment of any such person may be on a full-time or a part-time basis or a person may be appointed in an honorary capacity. (3) The foundation may arrange with the association for the performance of secretarial and other duties in relation to the foundation. (4) The foundation may retain or obtain the advice or services of technical or other advisers or experts as it considers necessary from time to time. (5) Before exercising any of its powers under subsection (1) or (4), the foundation shall have due regard to, and consider carefully, the expense involved in the exercise of any such power. 15 Functions of the foundation The functions of the foundation are—

s 16 10 s 17 Grain Research Foundation Act 1976 (a) to conduct or encourage and assist in the conducting of scientific and economic research in connection with or that is likely to benefit the grain industries; (b) to train or encourage and assist in the training of persons for the purposes of the carrying out of research as referred to in paragraph (a); (c) to disseminate information and advice relating to technical matters in connection with the grain industries; (d) to publish technical reports, periodicals, books and papers in connection with the grain industries; (e) to conduct, according to law, public appeals for funds to assist it in the carrying out of its functions; (f) to make donations or gifts or allocate funds to other bodies or persons for the purpose of furthering research with respect to the grain industries or for the purpose of otherwise furthering any of the functions referred to in this section; (g) to do and perform such incidental or consequential acts and things as may be necessary or expedient for the promotion of research in the grain industries or otherwise for the performance of its functions. 16 Powers of the foundation Without limiting any other provision of this Act with respect to the powers of the foundation, the foundation has power to acquire property, real and personal, construct buildings and receive and disburse moneys for the purposes of or in aid of the performance of its functions, and otherwise to do all things necessary or convenient to be done for or in connection with the performance of its functions. 17 Advisory committees (1) The foundation may appoint advisory committees to advise it on such matters within the scope of its functions as are referred by it to those committees.

s 18 11 s 20 Grain Research Foundation Act 1976 (2) A person may be appointed to be a member of any such committee whether or not he or she is a member of the foundation. (3) Subject to subsection (4), each member of an advisory committee is to be paid, by the foundation, such fees and allowances, not exceeding the rate of fees and allowances payable to a member of the foundation, as the foundation from time to time determines. (4) Fees are not to be paid to a member who is a public service employee, for attendance at any meeting held during the ordinary working hours of the employee. 18 Financial arrangements It is hereby declared that the foundation is subject to the Financial Administration and Audit Act 1977 . 19 Foundation is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the foundation is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the foundation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 20 Funds to be kept (1) The foundation shall establish and keep the following funds, that is to say— (a) a general fund; and (b) a loan fund in respect of each loan borrowed; and (c) a trust fund. (2) The funds shall be kept separate and distinct.

s 21 12 s 24 Grain Research Foundation Act 1976 21 General fund (1) There shall be paid into the general fund all moneys, other than loan and trust moneys, that are received by the foundation. (2) Moneys standing to the credit of the general fund shall be applied only in meeting expenses properly incurred by the foundation in the performance of its functions and the exercise of its powers. 22 Loan funds (1) Where moneys are borrowed by the foundation in connection with any function of the foundation, there shall be paid into the loan fund established in respect of such borrowing the moneys so borrowed. (2) Moneys standing to the credit of each loan fund shall be applied only for the purpose or purposes for which those moneys were borrowed by the foundation. 23 Trust fund (1) There shall be paid into the trust fund all moneys received by the foundation by way of deposit or in trust for any person. (2) Moneys standing to the credit of the trust fund shall be applied only to the purpose or purposes for which they were received by the foundation. 24 Accounts (1) The foundation shall keep— (a) a separate banking account for the general fund; (b) a separate banking account for each loan fund or 1 consolidated banking account for all loan funds; (c) a separate banking account for the trust fund. (2) The foundation shall keep in all other respects proper accounts sufficient to record accurately all financial transactions in relation to the performance of the functions and the exercise of the powers of the foundation.

s 26 13 s 28 Grain Research Foundation Act 1976 (3) At least once in each year the foundation shall prepare a statement of income and expenditure and a balance sheet with respect to the general fund and a statement of receipts and disbursements with respect to each other fund kept pursuant to section 20. 26 Indemnity to members Each member of the foundation shall be indemnified from the funds of the foundation in respect of any damages, loss and costs occasioned by any act or omission done or made by the member in good faith on behalf of and in the interests of the foundation. 27 Annual report (1) The foundation shall report annually to the Minister concerning its operations under this Act. (2) The Minister shall lay the report before the Legislative Assembly. Part 3 Miscellaneous 28 Regulation-making power The Governor in Council may make regulations under this Act.

s 29 14 s 29 Grain Research Foundation Act 1976 Part 4 Matters about dissolution of the foundation Division 1 Preliminary 29 Definitions for pt 4 In this part— assets , of the foundation, means all assets of the foundation immediately before the transfer day. authorised person , for the replacement corporation, means its secretary or another individual with the written authority of its board of directors. company limited by guarantee means a company limited by guarantee under the Corporations Act, section 9. 1 liabilities , of the foundation, means all liabilities of the foundation immediately before the transfer day. notice means written notice. proposed transfer day see section 31(a). replacement corporation see section 31(b). transfer day means the day approved by the Minister under section 34 as the transfer day for the foundation. 1 Corporations Act, section 9— company limited by guarantee means a company formed on the principle of having the liability of its members limited to the respective amounts that the members undertake to contribute to the property of the company if it is wound up. Corporations Act, section 124(1) (Legal capacity and powers of company) provides that—‘A company limited by guarantee does not have the power to issue shares.’

s 30 15 s 32 Grain Research Foundation Act 1976 Division 2 Dissolution of the foundation Subdivision 1 Steps to transfer and dissolution 30 Decision to transfer to replacement corporation The foundation must decide to dissolve itself and transfer its assets and liabilities to a corporation that is not a statutory body. 31 Foundation to decide particular matters for transfer Under section 30, the foundation must decide the following— (a) the day on which it proposes to transfer its assets and liabilities (the proposed transfer day ); (b) the corporation to which it will transfer its assets and liabilities (the replacement corporation ). 32 Conditions for transfer The foundation may decide a corporation will be its replacement corporation only if— (a) the corporation has, by notice to the foundation signed by an authorised person for the corporation, agreed to be the replacement corporation; and (b) the corporation is a company limited by guarantee; and (c) the foundation is satisfied that, on the transfer of its assets and liabilities to the replacement corporation, having regard to the requirements and purposes of the transfer, the following will be appropriate— (i) the corporation’s constitution; (ii) the obligations, restrictions and rights that will attach to members of the corporation; (iii) the corporation’s officers.

s 33 16 s 34 Grain Research Foundation Act 1976 33 Notice of decision about replacement corporation (1) The foundation must give the Minister notice of its decision under section 30. (2) The notice must state the following— (a) the day the decision was made; (b) the proposed transfer day; (c) the replacement corporation’s name; (d) the replacement corporation is a company limited by guarantee; (e) the foundation is satisfied that, on the transfer of its assets and liabilities to the replacement corporation, having regard to the requirements and purposes of the transfer, the following will be appropriate— (i) the corporation’s constitution; (ii) the obligations, restrictions and rights that will attach to members of the corporation; (iii) the corporation’s officers. (3) The notice must be accompanied by a copy of the notice mentioned in section 32(a). 34 Minister’s decision about transfer (1) The Minister must consider the notice and may require information from the foundation. (2) If the Minister does not consider that all requirements for this division have been complied with for the transfer, the Minister may give the foundation a written direction about the requirements. (3) The foundation must comply with a direction given under subsection (2). (4) The Minister must, by notice given to the foundation, approve the proposed transfer day, or another day after the proposed transfer day, as the transfer day for the foundation. (5) The day approved by the Minister as the transfer day for the foundation must be declared by gazette notice.

s 35 17 s 37 Grain Research Foundation Act 1976 35 Transfer and dissolution On the transfer day— (a) the foundation’s assets and liabilities are transferred to, and become the assets and liabilities of, the replacement corporation; and (b) the foundation is dissolved. 36 Replacement corporation does not represent the State The replacement corporation— (a) does not represent the State; and (b) can not make the State liable for the debts and obligations of the corporation or any other person. Subdivision 2 Provisions facilitating transfer 37 Registration of transferred assets (1) A certificate signed by an authorised person for the replacement corporation is evidence of an asset having become an asset of the corporation 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 foundation; and (c) states that, under this division, the asset became an asset of the replacement corporation 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.

s 38 18 s 40 Grain Research Foundation Act 1976 Example of entity with registration functions — the registrar of titles (3) A transfer of the asset to the replacement corporation may be registered or given effect to under the 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 other State’s or the Commonwealth’s law; and (b) the entity is permitted by law to do so. 38 References to the foundation A reference to the foundation in an Act or document existing before its dissolution has effect, from its dissolution, as if it were a reference to the replacement corporation, if the context permits. 39 Continuity of proceedings and matters (1) A proceeding that, if the foundation were not dissolved, might have been started or continued by or against the foundation may, from its dissolution, be started or continued by or against the replacement corporation. (2) All matters started by the foundation before its dissolution may be completed by the replacement corporation after the foundation’s dissolution. 40 Employees (1) A person employed by the foundation immediately before the transfer day becomes, on the transfer day, an employee of the replacement corporation. (2) Subsection (1) does not— (a) constitute a redundancy or retrenchment of the person’s employment by the foundation; or (b) entitle the person to a benefit or payment merely because the person is no longer employed by the foundation; or

s 41 19 s 42 Grain Research Foundation Act 1976 (c) interrupt the person’s continuity of service. (3) For the Industrial Relations Act 1999 , the person’s period of employment with the foundation is taken to be an equivalent period of employment with the replacement corporation. (4) Subject to the Industrial Relations Act 1999 , the person has the same employment rights against the replacement corporation that the person had against the foundation immediately before the transfer day. (5) If an industrial instrument under the Industrial Relations Act 1999 bound the person and the foundation immediately before the transfer day, it binds the person and the replacement corporation. 41 Members stop holding office (1) A person who, immediately before the transfer day, was a member of the foundation goes out of office on the transfer day. (2) No compensation is payable to a person because of subsection (1). Division 3 Miscellaneous 42 Application of pt 4 This part is declared to be a law to which the Acts Interpretation Act 1954 , section 20A 2 applies. 2 Acts Interpretation Act 1954 , section 20A (Repeal does not end saving, transitional or validating effect etc.)

s 43 20 s 43 Grain Research Foundation Act 1976 Part 5 Repeal of Act 43 Repeal This Act is repealed immediately after the transfer day.

21 Grain Research Foundation Act 1976 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2006. Future amendments of the Grain Research Foundation Act 1976 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd 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 = 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 edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

22 Grain Research Foundation Act 1976 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 1F 2 Amendments to 1994 Act No. 15 1996 Act No. 25 1996 Act No. 54 1996 Act No. 54 2000 Act No. 16 2001 Act No. 63 2001 Act No. 63 2001 Act No. 63 Effective 10 May 1994 15 August 1996 1 December 1996 1 June 1997 8 June 2000 25 October 2001 28 February 2002 28 February 2002 Reprint date 25 November 1994 20 August 1996 21 March 1997 4 July 1997 20 July 2001 8 November 2001 28 February 2002 28 February 2002 Reprint No. 2A Amendments included 2006 Act No. 48 Effective 1 December 2006 Notes 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation Grain Research Foundation Act 1976 No. 68 date of assent 6 December 1976 commenced 29 January 1977 (proc pubd gaz 29 January 1977 p 274) Note— This Act is repealed immediately after the transfer day (see s 43 as ins 2006 No. 48 s 33) amending legislation— Grain Research Foundation Act Amendment Act 1990 No. 58 date of assent 18 September 1990 ss 1–2 commenced on date of assent remaining provisions commenced 2 February 1991 (proc pubd gaz 2 February 1991 p 395)

23 Grain Research Foundation Act 1976 Grain Research Foundation Act Amendment Act 1991 No. 45 date of assent 28 August 1991 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 2 date of assent 10 May 1994 commenced on date of assent Tobacco Industry (Restructuring) Act 1996 No. 25 ss 1, 28 sch 1 date of assent 15 August 1996 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) 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) 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) (provisions were to commence 8 June 2002 (automatic commencement under AIA s 15DA(2) (2001 SL No. 46 s 2))) Primary Industries Legislation Amendment Act 2001 No. 63 s 1, pt 4, s 58 sch date of assent 25 October 2001 commenced on date of assent Primary Industries Legislation Amendment Act 2006 No. 48 pts 1, 7, s 31 sch date of assent 10 November 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2006 (2006 SL No. 292) 7 List of annotations PART 1—PRELIMINARY pt hdg ins 2006 No. 48 s 31 sch Cesser of Deed of Trust s 3 om R1 (see RA s 37) Definitions prov hdg sub 1996 No. 25 s 28 sch 1 s 4 def “assets” ins 2006 No. 48 s 31 sch def “association” ins 2001 No. 63 s 14(2) def “authorised person” ins 2006 No. 48 s 31 sch def “company limited by guarantee” ins 2006 No. 48 s 31 sch

24 Grain Research Foundation Act 1976 def “department” ins 1990 No. 58 s 4(a) om 1994 No. 15 s 3 sch 2 def “Director-General” ins 1990 No. 58 s 4(a) om R1 (see RA s 39) def “grain industries” ins 1990 No. 58 s 4(b) amd 1994 No. 15 s 3 sch 2 def “liabilities” ins 2006 No. 48 s 31 sch def “Minister” sub 1990 No. 58 s 4(c) om 1994 No. 15 s 3 sch 2 def “notice” ins 2006 No. 48 s 31 sch def “proposed transfer day” ins 2006 No. 48 s 31 sch def “replacement corporation” ins 2006 No. 48 s 31 sch def “the Association” om 2001 No. 63 s 14(1) def “transfer day” ins 2006 No. 48 s 31 sch PART 2—MATTERS ABOUT THE FOUNDATION pt hdg ins 2006 No. 48 s 31 sch Membership of the foundation s 7 sub 1990 No. 58 s 5 amd 1994 No. 15 s 3 sch 2; 2001 No. 63 ss 15, 58 sch Term of appointment of members prov hdg amd 1990 No. 58 s 6(a) s 8 amd 1990 No. 58 s 6(b)–(c) sub 1994 No. 15 s 3 sch 2 Vacation of office s 10 sub 1990 No. 58 s 7 amd 2000 No. 16 s 590 sch 1 pt 2 Filling of casual vacancies s 11 amd 1990 No. 58 s 8; 1994 No. 15 s 3 sch 2 Proceedings of the foundation s 12 amd 1990 No. 58 s 9 Fees and allowances s 13 sub 1991 No. 45 s 3 amd 1996 No. 37 s 147 sch 2 Functions of the foundation s 15 amd 1990 No. 58 s 10 Advisory committees s 17 amd 1991 No. 45 s 4; 1996 No. 37 s 147 sch 2 Financial arrangements s 18 sub 1990 No. 58 s 11 amd 1996 No. 54 s 9 sch Foundation is statutory body s 19 prev s 19 om 1990 No. 58 s 11 pres s 19 ins 1996 No. 54 s 9 sch

25 Grain Research Foundation Act 1976 Audit s 25 om 1990 No. 58 s 12 PART 3—MISCELLANEOUS pt hdg ins 2006 No. 48 s 31 sch Regulation-making power s 28 sub 1996 No. 25 s 28 sch 1 PART 4—MATTERS ABOUT DISSOLUTION OF THE FOUNDATION pt 4 (ss 29–42) ins 2006 No. 48 s 32 PART 5—REPEAL OF ACT pt 5 (s 43) ins 2006 No. 48 s 32 © State of Queensland 2006