Primary Industry Bodies Reform Act 1999

Queensland Primary Industry Bodies Reform Act 1999 Reprinted as in force on 27 October 2004 (includes commenced amendments up to 2004 Act No. 41) Reprint No. 1D 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 1999 Act No. 88 s 108

Information about this reprint This Act is reprinted as at 27 October 2004. 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. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). 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 Primary Industry Bodies Reform Act 1999 Contents Part 1 Division 1 1 2 Division 2 3 4 Division 3 Subdivision 1 5 Subdivision 2 6 7 8 9 10 Part 2 Division 1 11 12 13 14 Division 2 Subdivision 1 15 16 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Objects and application Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Interpretation Dictionary Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Key definitions What is a producer body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 What is a secondary body of a producer body . . . . . . . . . . . . . . . 9 Who is an eligible producer for a producer body . . . . . . . . . . . . . 9 What is the share distribution scheme for a producer body . . . . . 10 Meaning of transfer day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Appointment of replacement corporation General Producer body may appoint its replacement corporation . . . . . . . 11 Conditions for appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Notice of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Consequence of failure to make or notify appointment . . . . . . . . 13 Facilitation of incorporation under Associations Incorporation Act Preliminary Main purposes of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Primary Industry Bodies Reform Act 1999 17 18 Subdivision 2 19 20 21 22 23 24 25 Division 3 Subdivision 1 26 27 28 29 Subdivision 2 30 31 32 33 34 35 36 37 Part 3 Division 1 38 39 Division 2 Subdivision 1 40 Subdivision 2 41 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to provisions in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . Facilitative provisions Change to and deferral of certain eligibility requirements . . . . . . Excluded provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changed application of s 9 (Form of application etc.) . . . . . . . . . Changed application of s 12 (Chief executive to make decision about application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change to and deferral of certain name requirements . . . . . . . . . Deferral of requirements about management committee . . . . . . . First management committee members . . . . . . . . . . . . . . . . . . . . Facilitation of incorporation under Cooperatives Act Preliminary Main purposes of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to provisions in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . Facilitative provisions Change to and deferral of minimum membership requirements . Deferral of active membership requirements . . . . . . . . . . . . . . . . Exclusion of pt 2, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . Changed application of s 19 (Application for registration of proposed cooperative) ............................ Changed application of s 20 (Registration of cooperative). . . . . . Changed application of ss 71 and 143 . . . . . . . . . . . . . . . . . . . . . Changed application of s 206 (Election of directors) . . . . . . . . . . Change to and deferral of certain name requirements . . . . . . . . . General provisions for transfer to replacement corporation Transfer of assets and liabilities of secondary bodies Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer to producer body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer to replacement corporation Preliminary Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer Transfer of producer body’s assets and liabilities . . . . . . . . . . . . . 15 15 15 16 16 17 17 17 18 18 18 19 19 20 20 21 21 22 22 23 23 23 24 24 25

3 Primary Industry Bodies Reform Act 1999 Subdivision 3 42 43 44 45 46 46A 46B 46C Subdivision 4 47 48 49 50 51 51A 52 Part 4 53 54 55 56 Part 5 Division 1 57 58 Division 2 Subdivision 1 59 60 61 Subdivision 2 62 Trust for assets of secondary body of Queensland Cane Growers’ Organisation Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of eligible grower for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . Purpose trust for eligible growers . . . . . . . . . . . . . . . . . . . . . . . . . Reimbursement for transferred liabilities . . . . . . . . . . . . . . . . . . . Termination of trust by notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation of replacement corporation to give notice of its proposed use of trust property . . . . . . . . . . . . . . . . . . . . . . . . . . . Automatic termination of trust if termination notice not given by 30 June 2005 and s 46A has been complied with . . Obligation of replacement corporation to give copies of particular notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions to facilitate transfer Exemption for cooperatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of transferred assets. . . . . . . . . . . . . . . . . . . . . . . . . References to producer or secondary body . . . . . . . . . . . . . . . . . Continuity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reimbursement of employment liabilities from trust property . . . Minister’s directions to give effect to transfer . . . . . . . . . . . . . . . . Transfers to replacement corporation without share capital Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligible producers become members of replacement corporation Dissolution on transfer day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers to public companies or to cooperatives with share capital Preliminary Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Status of producer body and its secondary bodies Officers cease holding office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrator Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 26 26 27 28 28 29 29 30 30 31 31 32 33 33 33 34 34 34 35 36 36 36 37

4 Primary Industry Bodies Reform Act 1999 63 64 65 66 67 Division 3 68 Division 4 Subdivision 1 69 70 71 72 73 Subdivision 2 74 75 76 77 Subdivision 3 78 79 Division 5 80 81 82 Part 6 Division 1 83 Division 2 84 85 86 87 Division 3 88 89 Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrator’s remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . Producer body’s costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister’s directions to administrator . . . . . . . . . . . . . . . . . . . . . . The share issue Replacement corporation must issue shares to producer body . . Share distribution scheme General Obligation to distribute shares to eligible producers. . . . . . . . . . . Share issue price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total value of issued shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total number of issued shares . . . . . . . . . . . . . . . . . . . . . . . . . . . Share entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding net asset value How net asset value is to be decided . . . . . . . . . . . . . . . . . . . . . . Minister’s decision about net asset value . . . . . . . . . . . . . . . . . . . Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs of obtaining advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Completing the scheme Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Completion notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Obligation to register shares issued or distributed under pt 5 . . . Part overrides Corporations Act and other laws . . . . . . . . . . . . . . Dissolution day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compulsory membership of replacement corporations Preliminary Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compulsory membership for relevant producers Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to be a member of replacement corporation . . . . . . . . Compulsory membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deferral of replacement corporation’s obligations for membership Review of compulsory membership Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review by poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 39 39 39 39 40 40 40 41 41 41 41 42 42 42 42 43 43 43 44 44 45 46 47 48 48

5 Primary Industry Bodies Reform Act 1999 90 91 92 93 94 95 Division 4 96 Part 7 Division 1 97 98 99 100 101 102 103 Division 2 104 105 106 107 Part 8 108 109 Schedule Conduct of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Result of poll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequence of failure to conduct or declare poll . . . . . . . . . . . . Amendment takes effect as a special resolution . . . . . . . . . . . . . Obligation to register amendment . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Part overrides Corporations Act and other laws . . . . . . . . . . . . . . Miscellaneous Appeals from Minister’s decision on net asset value Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers of District Court on appeal . . . . . . . . . . . . . . . . . Appeal to Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Act applies despite agreements etc. . . . . . . . . . . . . . . . . . . . . . . Act does not affect existing legal relationships. . . . . . . . . . . . . . . Other conditions for transactions under Act taken to be met . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of Act Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of operation of pt 3, div 2, sdiv 3. . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 48 48 49 49 49 50 50 50 50 51 51 52 52 52 52 53 53 54 54 55 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 59 59 60 60 61

s1 7 s2 Primary Industry Bodies Reform Act 1999 Primary Industry Bodies Reform Act 1999 [as amended by all amendments that commenced on or before 27 October 2004] An Act to provide for the transfer of the assets and liabilities of bodies under the Primary Producers’ Organisation and Marketing Act 1926 and the Fruit Marketing Organisation Act 1923 to incorporated bodies that are not public authorities, to amend the Meat Industry Act 1993 , and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Primary Industry Bodies Reform Act 1999 . 2 Commencement (1) Part 9 and part 10, divisions 1 and 2 commence on assent. (2) Part 10, divisions 3 and 4 commence 1 month after the date of assent. 1 (3) The remaining provisions of this Act are taken to have commenced on 29 October 1999. 1 Parts 9 (Amendment of Meat Industry Act 1993 ) and 10 (Repeals and other amendments) omitted reprint 1 (see RA s 40)

s3 8 s5 Primary Industry Bodies Reform Act 1999 Division 2 Objects and application 3 Objects of Act The objects of this Act are— (a) to transfer the assets and liabilities of each producer body and its secondary bodies to a body corporate appointed by the producer body (its replacement corporation ) that is not a public authority; and (b) if a replacement corporation has a share capital—to provide for the distribution of shares in the corporation among eligible producers for its transferring producer body; and (c) to dissolve each producer body and its secondary bodies; and (d) to provide for a transition from compulsory to voluntary membership of each replacement corporation for producers of the commodity for which its transferring producer body was established. 4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative authority of the Parliament permits, the Commonwealth and the other States. Division 3 Interpretation Subdivision 1 Dictionary 5 Definitions The dictionary in the schedule defines particular words used in this Act.

s6 9 s8 Primary Industry Bodies Reform Act 1999 Subdivision 2 Key definitions 6 What is a producer body A producer body is— (a) the committee of direction of fruit marketing (the COD ) under the FMO Act; and (b) each local association that is not a cooperative or an incorporated association; and (c) each producer representative body under the PPO&M Act (a PPO&M producer body ) as follows— (i) the Queensland Cane Growers’ Organisation; (ii) the Queensland Dairyfarmers’ Organisation; (iii) the Queensland Pork Producers’ Organisation; (iv) the Queensland Commercial Fishermen’s Organisation. 7 What is a secondary body of a producer body (1) A secondary body of a producer body is— (a) for the COD—each sectional group committee under the FMO Act; or (b) for a PPO&M producer body— (i) its State council; and (ii) the State council’s subsidiary bodies under the PPO&M Act, section 30E. 2 (2) A local association does not have any secondary body. 8 Who is an eligible producer for a producer body A person is an eligible producer for a producer body if— (a) for the COD—the person is a fruit grower or vegetable grower under the FMO Act; or 2 PPO&M Act, section 30E (Subsidiary bodies)

s 9 10 s 10 Primary Industry Bodies Reform Act 1999 (b) for a local association—the person is, immediately before the transfer day, a member of the association under the Fruit Marketing Organisation Regulation 1964 , section 50; or (c) for a PPO&M producer body—the person is a member of the body under the PPO&M Act. 9 What is the share distribution scheme for a producer body The share distribution scheme , for a producer body, means the scheme for distributing, under part 5, division 4, shares among the persons who, immediately before the transfer day, are eligible producers for the body. 10 Meaning of transfer day (1) For the COD, its secondary bodies and its replacement corporation, the transfer day is the day after the date of assent. (2) For the Queensland Commercial Fishermen’s Organisation, its secondary bodies and its replacement corporation, the transfer day is the later of the following days— (a) the day after the date of assent; (b) 10 December 1999. (3) Otherwise, the transfer day is the day that is 1 month after the date of assent.

s 11 11 s 12 Primary Industry Bodies Reform Act 1999 Part 2 Appointment of replacement corporation Division 1 General 11 Producer body may appoint its replacement corporation (1) A producer body may, before the transfer day, appoint its replacement corporation. (2) The appointment may be decided only by— (a) for the COD or a local association—the COD members; or (b) for a PPO&M producer body—its State council. (3) It is the intention of the Parliament that, unless this Act otherwise provides— (a) the following issues about the replacement corporation are to be resolved when making the appointment— (i) its constitution; (ii) if it has a share capital—its shares and the terms on which they are issued; (iii) if it does not have a share capital—its membership and the conditions for becoming a member; (iv) the obligations, restrictions and rights attaching to its shares or imposed on its members; (iv) its officers. (b) laws of the State that apply to the replacement corporation continue to apply. 12 Conditions for appointment (1) A replacement corporation may be appointed for a producer body only if— (a) it has, by notice to the producer body signed by an authorised person for the replacement corporation, agreed to the appointment; and

s 13 12 s 13 Primary Industry Bodies Reform Act 1999 (b) it is not an industrial association; and (c) its constitution allows the transfer of all of the assets and liabilities of the producer body to the replacement corporation; and (d) it is a company limited by guarantee, a cooperative, an incorporated association or a public company. (2) However, the replacement corporation must not be a public company or a cooperative that has a share capital unless its constitution is consistent with and, allows the carrying out of, the share issue and the share distribution scheme for the producer body. 13 Notice of appointment (1) As soon as practicable after a producer body has appointed its replacement corporation, it must give the Minister notice of the appointment. (2) The notice must— (a) be accompanied by a copy of the notice mentioned in section 12(1)(a); and (b) state the following— (i) the replacement corporation’s name; (ii) the day the appointment was made; (iii) that the replacement corporation is not an industrial association; (iv) that the replacement corporation’s constitution allows the transfer of all of the assets and liabilities of the producer body to the replacement corporation; (v) whether the replacement corporation is a company limited by guarantee, a cooperative, an incorporated association or a public company; (vi) if the replacement corporation is a public company or a cooperative that has a share capital—that its constitution complies with section 12(2).

s 14 13 s 14 Primary Industry Bodies Reform Act 1999 14 Consequence of failure to make or notify appointment (1) This section applies if a producer body does not, before the transfer day— (a) appoint its replacement corporation; or (b) give the Minister notice of the appointment of its replacement corporation. (2) The Supreme Court may, on the application of the chief executive, order the winding up of the producer body or a secondary body of the producer body. (3) Despite the expiry of the PPO&M Act, sections 43(2) and (3) and 46 to 48 3 of that Act apply for the winding up as if— (a) they had not expired; and (b) a reference to a board were a reference to the producer body or secondary body; and (c) a reference to ASIC were a reference to the Minister; and (d) a reference to deregistration of the body were a reference to its dissolution. (4) The Minister may issue a certificate stating the producer body did not, before the transfer day— (a) appoint its replacement corporation; or (b) give the Minister notice of the appointment of its replacement corporation. (5) A certificate purporting to be issued under subsection (4) is, for a proceeding under this section, evidence of the things it states. 3 PPO&M Act, sections 43 (Procedure for winding-up a board), 46 (Application of moneys remaining after winding-up), 47 (Regulations and rules) and 48 (Particular modifications)

s 15 14 s 16 Primary Industry Bodies Reform Act 1999 Division 2 Facilitation of incorporation under Associations Incorporation Act Subdivision 1 Preliminary 15 Main purposes of div 2 The main purposes of this division are to— (a) exclude or change provisions of the Associations Incorporation Act to allow a proposed replacement corporation that is not incorporated to become an incorporated association before the transfer day; and (b) change or defer, until the deferred day, provisions of that Act about aspects of the following matters to the extent they concern the association or the relevant incorporated association— (i) eligibility requirements for incorporation or for continuing incorporation; (ii) name requirements; (iii) membership committee requirements. 16 Application of div 2 (1) This division applies if— (a) an application is made for incorporation or registration of an association under the Associations Incorporation Act; and (b) the application states the incorporation of the association is for its appointment under this part as the replacement corporation for a stated producer body; and (c) the applicant is— (i) if the stated producer body is the COD or a local association—a COD member; or (ii) if the stated producer body is a PPO&M producer body—an officer of its State council.

s 17 15 s 19 Primary Industry Bodies Reform Act 1999 (2) This division does not affect the operation of the Associations Incorporation Act for— (a) any other application for incorporation or registration; or (b) an incorporated association other than the relevant incorporated association. 17 Definitions for div 2 In this division— deferred day means the day that is 2 months after the dissolution day for the relevant incorporated association’s transferring producer body. relevant incorporated association means the association the subject of the application, after its incorporation or registration under the Associations Incorporation Act. 18 References to provisions in div 2 (1) In this division, a reference to a numbered provision is a reference to the provision of the Associations Incorporation Act with that number. (2) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires. Subdivision 2 Facilitative provisions 19 Change to and deferral of certain eligibility requirements (1) This section applies only until the deferred day. (2) The requirement under section 5(1)(a) is changed to a requirement that the association or the relevant incorporated association has at least 2 members. (3) The members must include at least 2 eligible producers for the stated producer body.

s 20 16 s 21 Primary Industry Bodies Reform Act 1999 (4) The requirements under section 5(1)(c) and (e) do not apply to the application, the incorporation or registration of the association or to the relevant incorporated association. (5) The following provisions do not apply to the relevant incorporated association— • section 90(1)(b) and (d) • section 93(1)(c), to the extent it relates to a requirement mentioned in section 5(1)(c) and (e) • section 93(1)(d). 4 20 Excluded provisions The following provisions do not apply to the application or the incorporation or registration of the association— • sections 6 to 8 • section 10 • section 11 • section 13. 5 21 Changed application of s 9 (Form of application etc.) (1) For section 9, the application must state the name and address of the president, treasurer, secretary and any other officer of the association. (2) For subsection (1), the same person may hold 1 or more or all of the offices. (3) For section 9(1) and (2), the chief executive administering the Associations Incorporation Act must waive the following if 4 Associations Incorporation Act, sections 90 (Winding-up by the Supreme Court) and 93 (Cancellation of incorporation) 5 Associations Incorporation Act, sections 6 (Association may resolve to incorporate and adopt proposed rules), 7 (Appointment of person to apply for incorporation), 8 (Interim officers), 10 (Giving notice of application etc.), 11 (Objections to application for incorporation) and 13 (Chief executive to advise association and objectors of decision)

s 22 17 s 24 Primary Industry Bodies Reform Act 1999 satisfied they are not necessary for the requirements for incorporation or registration, as changed by this division— (a) information or the inclusion of documents required by the approved form; (b) information or documents required under a regulation. (4) For section 9(3) and the Associations Incorporation Regulation 1999 , the association’s or the relevant incorporated association’s objects are taken to be sufficiently stated in the application if it states their object is to be the stated producer body’s replacement corporation under this Act. 22 Changed application of s 12 (Chief executive to make decision about application) Section 12 is changed by omitting the words ‘and any objections properly made to the application,’. 23 Change to and deferral of certain name requirements (1) Sections 29 and 30 do not apply to the application or the incorporation or registration of the association. (2) Sections 29 and 30 do not apply to the relevant incorporated association until the deferred day. (3) If the name of the association or the relevant incorporated association is the same, or substantially the same, as the stated producer body’s name, section 43 is taken to have been complied with. 6 24 Deferral of requirements about management committee Section 61(5) 7 does not apply to the relevant incorporated association until the deferred day. 6 Associations Incorporation Act, sections 29 (Name of incorporated association to include ‘incorporated’ etc.), 30 (Use of ‘incorporated’ as part of name etc.) and 43 (Association must not have unsuitable name) 7 Associations Incorporation Act, section 61 (Membership of management committee)

s 25 18 s 27 Primary Industry Bodies Reform Act 1999 25 First management committee members (1) The first members of the relevant incorporated association’s management committee are taken to be the association’s officers, as stated in the application. 8 (2) The first members hold the offices stated in the application until office holders for the offices are elected or appointed by the relevant incorporated association. Division 3 Facilitation of incorporation under Cooperatives Act Subdivision 1 Preliminary 26 Main purposes of div 3 The main purposes of this division are to— (a) exclude or change provisions of the Cooperatives Act to allow a proposed replacement corporation that is not incorporated (a proposed cooperative ) to become a cooperative before the transfer day; and (b) change or defer, until the deferred day, provisions of that Act about aspects of the following matters to the extent they concern the proposed cooperative or the relevant cooperative— (i) the required minimum number of members; (ii) requirements for their members to be active members; (iii) certain requirements for the relevant cooperative’s name. 27 Application of div 3 (1) This division applies if— 8 See section 21(1) (Changed application of s 9 (Form of application etc.)).

s 28 19 s 29 Primary Industry Bodies Reform Act 1999 (a) an application is made for registration under the Cooperatives Act of a proposed cooperative; and (b) the application or a document accompanying it states the registration is for the relevant cooperative’s appointment under this part as the replacement corporation for a stated producer body; and (c) the applicant is— (i) if the stated producer body is the COD or a local association—a COD member; or (ii) if the stated producer body is a PPO&M producer body—an officer of its State council. (2) This division does not affect the operation of the Cooperatives Act for— (a) any other application for registration; or (b) for a cooperative other than the relevant cooperative. 28 Definitions for div 3 In this division— deferred day means the day that is 2 months after the dissolution day for the relevant cooperative’s transferring producer body. relevant cooperative means the proposed cooperative the subject of the application, after its registration under the Cooperatives Act. 29 References to provisions in div 3 (1) In this division, a reference to a numbered provision is a reference to the provision of the Cooperatives Act with that number. (2) Subsection (1) does not apply to the extent that the context or subject matter otherwise indicates or requires.

s 30 20 s 31 Primary Industry Bodies Reform Act 1999 Subdivision 2 Facilitative provisions 30 Change to and deferral of minimum membership requirements (1) This section applies only until the deferred day. (2) The requirement under section 14(3)(c) or 15(3)(c) for the proposed cooperative or the relevant cooperative to have at least 5 members is changed to at least 2 members. (3) The members must include at least 2 eligible producers for the stated producer body. (4) Sections 68 and 328(2)(a) and (f) do not apply to the relevant cooperative. 9 31 Deferral of active membership requirements (1) Each provision as follows (a deferred provision ) does not apply to the application or the registration of the proposed cooperative— • section 14(3)(c) or 15(3)(c), to the extent it requires members to be active members • section 61(1)(a) and (2) • section 101(1), to the extent it applies schedule 1, section 1(b) • part 6 • section 166 • section 167(2) • section 175(4) • section 178 • section 196(2) • section 203(2) 9 Cooperatives Act, sections 14 (Trading cooperatives), 15 (Non-trading cooperatives), 68 (Carrying on business with too few members) and 328 (Grounds for winding-up, transfer of engagements, appointment of administrator)

s 32 21 s 33 Primary Industry Bodies Reform Act 1999 • section 237(1)(e) • section 328(2)(f) • schedule 1, section 1(b). 10 (2) Each deferred provision does not apply to the relevant cooperative until the deferred day. (3) However, this section does not prevent the proposed cooperative or the relevant cooperative from complying with a deferred provision before the deferred day. 32 Exclusion of pt 2, divs 2 and 3 Part 2, divisions 2 and 3 11 do not apply to the application or the registration of the proposed cooperative. 33 Changed application of s 19 (Application for registration of proposed cooperative) (1) For section 19(1)(a), the registrar of cooperatives must waive the giving of information or the inclusion of documents required by the approved form if satisfied they are not necessary for the requirements for registration, as changed by this division. (2) The following requirements apply instead of section 19(1)(c) and (d) and (2)— (a) the applicant and someone else who is an eligible producer for the stated producer body must sign the application; (b) the application must be accompanied by— 10 Cooperatives Act, sections 61 (Qualification for membership), 101 (Content of rules), part 6 (Active membership), 166 (Sale or transfer of shares), 167 (Transfer on death of member), 175 (Voting by proxy), 178 (Inactive members not entitled to vote), 196 (Holding of postal ballot on requisition), 203 (Calling of general meeting on requisition), 237 (Registers to be kept by cooperatives), and schedule 1, section 1 (Requirements for all cooperatives) 11 Cooperatives Act, part 2, divisions 2 (Formation meeting) and 3 (Approval of disclosure statement and rules)

s 34 22 s 35 Primary Industry Bodies Reform Act 1999 (i) 2 copies of the constitution proposed for the relevant cooperative; and (ii) a statement listing the name, address, occupation and place and date of birth of each person who is to be a director of the relevant cooperative; (c) the applicant must sign and certify the constitution; (d) the constitution must comply with section 101, other than to the extent it applies schedule 1, section 1(b). 34 Changed application of s 20 (Registration of cooperative) (1) For section 20(1), the requirements for registration of the proposed cooperative are the requirements for registration, as changed by this division. (2) Section 20 is changed by omitting subsection (2)(a). (3) The requirements mentioned in section 20(2)(b) are the requirements of the Cooperatives Act, as changed by this division. (4) The requirements mentioned in section 20(2)(c) and (d) are taken to have been complied with if the application or the constitution proposed for the relevant cooperative states the relevant cooperative is to be appointed under this part as the stated producer body’s replacement corporation. 35 Changed application of ss 71 and 143 Sections 71 and 143 12 do not apply to the board of the relevant cooperative for a person who is an eligible producer for the stated producer body. 12 Cooperatives Act, sections 71 (Cooperative to give information to person intending to become a member) and 143 (Disclosure to intending shareholders in trading cooperative)

s 36 23 s 38 Primary Industry Bodies Reform Act 1999 36 Changed application of s 206 (Election of directors) For section 206(2), 13 the first directors of the relevant cooperative are the persons stated in the application as the persons who are to be the directors of the relevant cooperative. 37 Change to and deferral of certain name requirements (1) Section 245(2) and (3) 14 does not apply to the application or the registration of the proposed cooperative. (2) Section 245(2) and (3) does not apply to the relevant cooperative until the deferred day. (3) For section 245(5), the name of the proposed cooperative or of the relevant cooperative is not an unsuitable name only because it has a name that is the same, or substantially the same, as the stated producer body’s name. Part 3 General provisions for transfer to replacement corporation Division 1 Transfer of assets and liabilities of secondary bodies 38 Application of div 1 (1) This division applies for any producer body and its secondary bodies, whether or not the producer body has appointed its replacement corporation. (2) However, this division is subject to part 5, division 2, subdivision 1. 15 13 For the directors stated in the application, see section 33(2)(b)(ii) (Changed application of s 19 (Application for registration of proposed cooperative)) 14 Cooperatives Act, section 245 (Name to include certain matter) 15 Part 5, division 2, subdivision 1 (Status of producer body and its secondary bodies)

s 39 24 s 40 Primary Industry Bodies Reform Act 1999 39 Transfer to producer body (1) Immediately before the transfer day, the following assets or liabilities are, or are taken to have been, transferred to the producer body and become assets and liabilities of the producer body— (a) assets and liabilities of, or held or incurred by, each secondary body of the producer body; (b) assets held by the producer body for, or for the objects or purposes of, the producer body or a secondary body of the producer body; (c) assets held by a secondary body of the producer body for, or for the objects or purposes of, the producer body or another secondary body of the producer body; Example for paragraph (c) — Assets held under the PPO&M Act, section 30B, by the Queensland Cane Growers’ Council for a district cane growers’ executive or mill suppliers’ committee or for the objects or purposes of the executive or committee. (d) assets held by anyone else, other than a local association, for, or for the objects or purposes of, the producer body or a secondary body of the producer body. (2) If the producer body is not already incorporated, it is taken to have become a corporation. Division 2 Transfer to replacement corporation Subdivision 1 Preliminary 40 Application of div 2 (1) This division applies on the transfer day. (2) This division applies for any producer body and its replacement corporation.

s 41 25 s 42 Primary Industry Bodies Reform Act 1999 Subdivision 2 Transfer 41 Transfer of producer body’s assets and liabilities Subject to subdivision 3, the producer body’s assets and liabilities are transferred to the replacement corporation and become assets and liabilities of the corporation. Subdivision 3 Trust for assets of secondary body of Queensland Cane Growers’ Organisation 42 Application of sdiv 3 (1) This subdivision applies if— (a) the producer body is the Queensland Cane Growers’ Organisation (the organisation ); and (b) assets of a secondary body of the organisation, other than its State council, are, or are taken to have been, transferred to the organisation under section 39(1) (the section 39 transfer ); and (c) under section 41, the assets are transferred to the organisation’s replacement corporation. (2) In this section— assets , of a secondary body, means the following assets— (a) assets of, or held by, the secondary body immediately before the section 39 transfer; (b) assets held immediately before the section 39 transfer by— (i) the organisation’s State council for, or for the objects or purposes of, the secondary body; and (ii) by the secondary body for, or for the objects or purposes of, the organisation or another secondary body of the organisation.

s 43 26 s 45 Primary Industry Bodies Reform Act 1999 43 Meaning of eligible grower for sdiv 3 (1) In this subdivision, an eligible grower is a person who, from time to time, supplies sugar cane to a building or other structure that is equipped for the manufacture of sugar from sugar cane. (2) In this section— sugar means all raw sugar, crystal sugar, sugar syrups, inverted syrups, liquid sugar and any other form of manufactured sugar other than the following— (a) final molasses; (b) a form of sugar manufactured from another form of sugar previously disposed of by Queensland Sugar Limited ACN 090 152 211; (c) sugar the source of which was grown outside the State. sugar cane means any plant or part of a plant, whether or not the part has been crushed, of the genus Saccharum or of any hybrid of that genus. 44 Purpose trust for eligible growers (1) The assets mentioned in section 42 (the trust propert y ) are taken to be held by the replacement corporation (the trustee ) on trust. (2) The asset is taken to be held by the trustee on trust for the general benefit of all eligible growers. (3) The trust must not be carried on for the profit or gain of any individual eligible grower. 45 Reimbursement for transferred liabilities (1) This section applies if— (a) immediately before the section 39 transfer, the secondary body had, or had incurred, a liability, including, for example, to an agent or employee of the body; and (b) under sections 39 and 41, the liability is transferred to the trustee.

s 46 27 s 46 Primary Industry Bodies Reform Act 1999 (2) The Trusts Act 1973 , section 72, 16 applies to the trust property as if the liability were an expense reasonably incurred by the trustee in or in relation to the execution of the trust or trust powers. 46 Termination of trust by notice (1) The required number of eligible growers may, by signed notice (a termination notice ) to the trustee— (a) terminate the trust; and (b) direct the trustee to— (i) transfer all of the trust property to a stated corporation or corporations, absolutely; or (ii) divide the trust property into stated parts and transfer each of the parts to a stated corporation or corporations, absolutely. (2) However, a termination notice may be given only if— (a) it is signed by or for each stated corporation or corporations; and (b) the constitution of the stated corporation or corporations— (i) does not allow the stated corporation or corporations to act for the profit or gain of any individual eligible grower; and (ii) does not prevent any eligible grower in the relevant area from applying to become a member of the stated corporation or corporations if the grower resides in the area. (3) A termination notice may be made up of different documents to the same effect that, together, are signed by the required number eligible growers. (4) For subsection (1)(b)(ii), a different corporation or corporations may be stated for each stated part of the trust property. 16 Trusts Act 1973 , section 72 (Reimbursement of trustee out of trust property)

s 46A 28 Primary Industry Bodies Reform Act 1999 s 46B (4A) On the giving of a termination notice, any liability mentioned in section 45 and any liability of the replacement corporation as trustee of the trust becomes a liability of the stated corporation or corporations. (5) In this section— relevant area means the part of the State that corresponds to the area of production of sugar cane that is, or is to be, the principal area of operation of the stated corporation or corporations. required number , of eligible growers, means a number of eligible growers that is at least two thirds of all the eligible growers. 46A Obligation of replacement corporation to give notice of its proposed use of trust property If a termination notice has not been given on or before 31 December 2004, the replacement corporation 17 must give each eligible grower a written notice stating how it proposes to use the trust property should, under section 46B, the trust property become its property. 46B Automatic termination of trust if termination notice not given by 30 June 2005 and s 46A has been complied with (1) This section applies if a termination notice has not been given on or before 30 June 2005. (2) On 1 July 2005— (a) the trust is terminated; and (b) all of the trust property is taken to have been transferred to the replacement corporation, absolutely; and (c) any liability mentioned in section 45 and any liability of the replacement corporation as trustee of the trust becomes a liability of the replacement corporation. 17 The replacement corporation is Queensland Cane Growers Organisation Limited A.C.N. 089 992 969.

s 46C 29 Primary Industry Bodies Reform Act 1999 s 47 (3) However, if the replacement corporation has not complied with section 46A, subsection (2) only applies if— (a) the replacement corporation gives each eligible grower a notice mentioned in section 46A; and (b) no termination notice is given within 30 business days after the giving of the notice. 46C Obligation of replacement corporation to give copies of particular notices (1) The replacement corporation must, as soon as practicable after the date of assent , give the Minister a copy of any notice given under old section 46(1). (2) If the replacement corporation is given a termination notice it must give the Minister a copy as soon as practicable. (3) If no termination notice has been given by 1 July 2005, the replacement corporation must, as soon as practicable, give the Minister written notice of that fact. (4) If the replacement corporation gives a notice under section 46A or 46B(3) it must give the Minister a copy as soon as practicable. (5) In this section— date of assent means the date of assent of the Primary Industry Bodies Reform Amendment Act 2004 . old section 46(1) means section 46(1), as immediately in force before the date of assent. Subdivision 4 Provisions to facilitate transfer 47 Exemption for cooperatives If the replacement corporation is a cooperative, the Cooperatives Act, section 268 18 does not apply to the transfer of the producer body’s assets and liabilities to the replacement corporation. 18 Cooperatives Act, section 268 (Acquisition and disposal of assets)

s 48 30 s 49 Primary Industry Bodies Reform Act 1999 48 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 producer body or became an asset of the body under section 39; and (c) that, under this part, 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 for assets of that kind under a law of the State, 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 replacement corporation may be registered or given effect to under the law of another State if— (a) the certificate is given to an entity with registration functions for assets of that kind under the other State’s law; and (b) the person is permitted by law to do so. (4) In this section— asset , of the replacement corporation, includes any asset held by it on trust under section 44. 49 References to producer or secondary body In a document, a reference to a producer body or a secondary body of the producer body is, if the context permits, taken to

s 50 31 s 51 Primary Industry Bodies Reform Act 1999 be a reference to the producer body’s replacement corporation. 50 Continuity of proceedings (1) A proceeding, other than a proceeding that has ended, by or against the producer body or a secondary body of the producer body may be continued and finished by or against its replacement corporation. (2) If a proceeding could have been taken by or against the producer body or a secondary body of the producer body if it had continued to exist, the proceeding may be taken by or against the replacement corporation. 51 Employees (1) A person employed by the producer body or a secondary body of the producer body (the former employer ) immediately before the transfer day becomes an employee of the replacement corporation. (2) Subsection (1) does not— (a) constitute a redundancy or retrenchment of the person’s employment by the former employer; or (b) entitle the person to a benefit or payment merely because the person is no longer employed by the former employer; or (c) interrupt the person’s continuity of service. (3) For the Industrial Relations Act, the person’s period of employment with the former employer is taken to be an equivalent period of employment with the replacement corporation. (4) Subject to the Industrial Relations Act, the person has the same employment rights against the replacement corporation that the person had against the former employer immediately before the transfer day. (5) If an industrial instrument under the Industrial Relations Act bound the person and the former employer immediately

s 51A 32 Primary Industry Bodies Reform Act 1999 s 51A before the transfer day, it binds the person and the replacement corporation. (6) In this section— employment rights includes existing and accruing rights to— (a) remuneration; and (b) recreation, long service, sick or other leave; and (c) superannuation or other benefits and entitlements. 51A Reimbursement of employment liabilities from trust property (1) This section applies if— (a) under section 51, a person becomes an employee of the replacement corporation; and (b) the former employer mentioned in section 51 was a secondary body of the Queensland Cane Growers’ Organisation. (2) The person is taken to be, and to have been, employed by the replacement corporation as trustee in relation to the trust created under section 44 for the secondary body’s assets until— (a) the replacement corporation decides otherwise; or (b) the employment is terminated; or (c) the replacement corporation ceases to be the trustee of the trust; or (d) the trust is terminated. (3) The Trusts Act 1973 , section 72, 19 applies to the property subject to the trust from time to time for any liability of the replacement corporation in relation to the employment. 19 Trusts Act 1973 , section 72 (Reimbursement of trustee out of trust property)

s 52 33 s 54 Primary Industry Bodies Reform Act 1999 52 Minister’s directions to give effect to transfer (1) The Minister may give the producer body or the replacement corporation a written direction to give effect to the transfer of the producer body’s assets and liabilities to the corporation. (2) After the direction has been given it must be— (a) gazetted as soon as practicable; and (b) tabled in the Legislative Assembly within 14 sitting days. Part 4 Transfers to replacement corporation without share capital 53 Application of pt 4 (1) This part applies on the transfer day, in addition to part 3. (2) This part applies for a producer body and its replacement corporation only if the corporation is— (a) an incorporated association; or (b) a company limited by guarantee; or (c) a cooperative that does not have a share capital. 54 Eligible producers become members of replacement corporation (1) Each person who was, immediately before the transfer day, an eligible producer for the producer body is taken to be a member of the replacement corporation, without paying an entry fee or complying with any other condition for membership of the corporation. (2) The replacement corporation and any entity with registration functions under a law of the State for its membership must register the membership of each person who is taken to be a member of the replacement corporation under subsection (1).

s 55 34 s 57 Primary Industry Bodies Reform Act 1999 (3) This section has effect despite the following— (a) the Associations Incorporation Act; (b) the Cooperatives Act; (c) the Corporations Act; (d) the replacement corporation’s constitution. (4) Without limiting subsection (3), if there is any conflict or inconsistency between this section and the replacement corporation’s constitution, this section prevails. 55 Dissolution on transfer day The producer body and its secondary bodies are dissolved. 56 Officers cease holding office (1) Each person who was an officer of the producer body or a secondary body of the producer body goes out of office. (2) To remove any doubt, it is declared that if, apart from subsection (1), a person is an eligible producer immediately before the transfer day, the person is still an eligible producer immediately before that day. (3) No compensation is payable to a person because of subsection (1). Part 5 Transfers to public companies or to cooperatives with share capital Division 1 Preliminary 57 Application of pt 5 (1) This part applies on the transfer day, in addition to part 3.

s 58 35 s 58 Primary Industry Bodies Reform Act 1999 (2) This part applies for a producer body and its replacement corporation only if the corporation is a public company or a cooperative that has a share capital. 58 Definitions for pt 5 In this part— administrator means the person who holds office under division 2 as the administrator of the producer body and its secondary bodies. completion notice see section 79. parties see section 74(1). residual powers see section 61(1). share issue price means the share issue price required under section 70. transfer means the transfer, under section 41, of the producer body’s assets and liabilities to its replacement corporation, other than— (a) an asset held by the corporation on trust under section 44; or (b) a liability mentioned in 45(1) to the extent it can, under the Trusts Act 1973 , section 72, be reimbursed by the corporation from an asset held by the corporation on trust under section 45(2). 20 20 Section 44 (Purpose trust for eligible growers) Section 45 (Reimbursement for transferred liabilities) Trusts Act 1973 , section 72 (Reimbursement of trustee out of trust property)

s 59 36 s 61 Primary Industry Bodies Reform Act 1999 Division 2 Administration Subdivision 1 Status of producer body and its secondary bodies 59 Officers cease holding office (1) Each person who, immediately before the transfer day, is an officer of the producer body or a secondary body of the producer body goes out of office. (2) To remove any doubt, it is declared that if, apart from subsection (1), a person is an eligible producer immediately before the transfer day, the person is still an eligible producer immediately before that day. (3) No compensation is payable to a person because of subsection (1). 60 Suspension of rules (1) The rules of the producer body and its secondary bodies are suspended. (2) In this section— rules , of a body, means a provision of, or an instrument made under, the FMO Act or the PPO&M Act or any other document that governs the operation of the body. 61 Powers (1) The powers the producer body and its secondary bodies had apart from this Act are suspended and they only have power, by their administrator, (their residual powers ) to do as follows— (a) execute a document to evidence or to give effect to the transfer or any transfer of an asset to the producer body under section 39; (b) receive, for the producer body, shares under the share issue;

s 62 37 s 62 Primary Industry Bodies Reform Act 1999 (c) distribute shares under the share distribution scheme for the producer body; (d) do anything necessary for, or incidental to, the share issue and the receipt and distribution of the shares; (e) exercise any other power prescribed under a regulation. (2) Despite the expiry of the FMO Act or the PPO&M Act, the residual powers continue until the dissolution day. Subdivision 2 Administrator 62 Appointment (1) The Minister must appoint as the administrator of the producer body and its secondary bodies the person who, immediately before the transfer day, holds office as the producer body’s chairperson. (2) However, the Minister may appoint a qualified person as the administrator if— (a) there is no chairperson to be appointed as administrator; or (b) the chairperson is unwilling to perform the administrator’s function; or (c) the administrator dies or ceases to hold office. (3) The Minister must, by gazette notice, notify the administrator’s appointment as soon as practicable after the administrator is appointed. (4) In this section— chairperson includes president. qualified person means a person who— (a) is a former officer of the producer body; or (b) has extensive experience in— (i) the industry whose producers the producer body represented under the FMO Act or the PPO&M Act; or

s 63 38 s 64 Primary Industry Bodies Reform Act 1999 (ii) administering public bodies similar to the producer body; or (c) has qualifications and experience in public administration or financial administration. 63 Function (1) The administrator’s function is to exercise the residual powers of the producer body and its secondary bodies or any other powers necessary or convenient for the residual powers. (2) A share transfer or other document bearing the common seal of the producer body or any of its secondary bodies and the administrator’s signature is evidence of the matters it states. 64 Term of office (1) The administrator holds office until— (a) the dissolution day; or (b) the office is earlier vacated under this section. (2) The administrator’s office is vacated if the administrator— (a) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (b) is convicted of an indictable offence, whether on indictment or summarily; or (c) becomes incapable of performing the administrator’s function because of physical or mental incapacity; or (d) is not able to manage a corporation because of the Corporations Act, part 2D.6 or (e) is named in the register held by ASIC under the Corporations Act, section 1274AA. 21 21 Corporations Act, part 2D.6 (Disqualification from managing corporations) and section 1274AA (Register of disqualified company directors and other officers)

s 65 39 s 68 Primary Industry Bodies Reform Act 1999 65 Administrator’s remuneration (1) The administrator has the right to remuneration at the rate decided by the replacement corporation. (2) However, the replacement corporation may decide the rate only after a completion notice has been given to the Minister. 66 Producer body’s costs The replacement corporation must pay any costs, including the administrator’s remuneration, incurred by the producer body in exercising its residual powers. 67 Minister’s directions to administrator (1) The Minister may give the administrator a written direction to ensure the share issue and the share distribution scheme for the producer body are carried out. (2) After the direction has been given it must be— (a) gazetted as soon as practicable; and (b) tabled in the Legislative Assembly within 14 sitting days. Division 3 The share issue 68 Replacement corporation must issue shares to producer body (1) In consideration of the transfer, the replacement corporation must issue shares to the producer body. (2) In making the share issue, the following must be consistent with, and allow the carrying out of, the share distribution scheme for the producer body— (a) the number of shares issued; (b) the share issue price; (c) their type;

s 69 40 s 71 Primary Industry Bodies Reform Act 1999 (d) their value; (e) any terms on which they are issued. Division 4 Share distribution scheme Subdivision 1 General 69 Obligation to distribute shares to eligible producers (1) The producer body must distribute shares issued to it under the share issue among the persons who, immediately before the transfer day, are eligible producers for the body. (2) A person is entitled to be distributed shares only if the person is, immediately before the transfer day, an eligible producer for the producer body. 70 Share issue price (1) The shares to be distributed must be issued at the price prescribed under a regulation. (2) Each share must be issued at the same price. (3) The shares must not be partly-paid shares. 71 Total value of issued shares (1) The total value of shares to be distributed must equal the net value of the producer body’s transferred assets, other than any asset held by the replacement corporation on trust under section 44 22 (the net asset value ). (2) The amount of the net asset value must be decided under subdivision 2. 22 Section 44 (Purpose trust for eligible growers)

s 72 41 s 75 Primary Industry Bodies Reform Act 1999 72 Total number of issued shares The total number of shares to which eligible producers are entitled is to be worked out by dividing the net asset value by the share issue price. 73 Share entitlement An eligible producer’s share entitlement must be worked out in the way prescribed under a regulation. Subdivision 2 Deciding net asset value 74 How net asset value is to be decided (1) The net asset value must be decided by agreement between the administrator and the replacement corporation (the parties ). (2) However, if the parties have not agreed on the value 6 months after the transfer day, either party may ask the Minister to decide the value. 75 Minister’s decision about net asset value (1) If asked, the Minister must decide the net asset value. (2) Also, the Minister may decide the value if— (a) the parties have not agreed on the value 6 months after the transfer day; and (b) the Minister considers completion of the share distribution scheme for the producer body will be unreasonably delayed if the Minister does not decide the value. (3) The decision must be based on expert valuation advice. (4) The Minister may— (a) seek expert valuation advice on which to base the decision; or

s 76 42 s 79 Primary Industry Bodies Reform Act 1999 (b) require the parties to give information the Minister reasonably considers necessary to make the decision. (5) The Minister must give the parties a reasonable opportunity to make representations before making the decision. 76 Notice of decision As soon as practicable after making the decision, the Minister must give each party notice stating— (a) the decision, and the reasons for it; and (b) that the party may appeal against the decision to the District Court within 28 days after the party receives the notice; and (c) how to appeal. 23 77 Costs of obtaining advice If the Minister decides the net asset value, the State may recover from the replacement corporation as a debt the Minister’s costs reasonably incurred in obtaining expert valuation advice on which to base the decision. Subdivision 3 Completing the scheme 78 Distribution (1) The administrator must distribute the shares by way of gratuitous transfer. (2) Each transferee is bound by the replacement corporation’s constitution. 79 Completion notice As soon as practicable after the shares have been distributed, the administrator must give the Minister notice ( completion notice ) that the share distribution scheme has been completed. 23 See part 7, division 1 (Appeals from Minister’s decision on net asset value).

s 80 43 s 82 Primary Industry Bodies Reform Act 1999 Division 5 Miscellaneous 80 Obligation to register shares issued or distributed under pt 5 (1) This section applies to the replacement corporation and any other entity with registration functions under a law of the State for the corporation’s shares. (2) The replacement corporation or the entity must register shares— (a) issued under the share issue; or (b) transferred under the share distribution scheme for the producer body. 81 Part overrides Corporations Act and other laws (1) This part has effect despite— (a) the Cooperatives Act; or (b) the Corporations Act; or (c) the replacement corporation’s constitution. (2) Without limiting subsection (1), if there is any conflict or inconsistency between this part and the replacement corporation’s constitution, this part prevails. 82 Dissolution day (1) If the Minister receives a completion notice, the Minister must, by gazette notice, fix a day (the dissolution day ) for the dissolution of the producer body and its secondary bodies. (2) The producer body and its secondary bodies— (a) continue in existence under this Act until the dissolution day; and (b) are dissolved on the dissolution day. (3) Subsection (2) applies despite the expiry of the FMO Act or the PPO&M Act.

s 83 44 s 84 Primary Industry Bodies Reform Act 1999 Part 6 Compulsory membership of replacement corporations Division 1 Preliminary 83 Definitions for pt 6 In this part— member , of a replacement corporation, includes a shareholder of the corporation. membership exemption provision see section 85(1). membership obligation see section 85(5). poll completion day see section 90(1). producer members see section 88(b). relevant producer , for a replacement corporation, see section 84. Division 2 Compulsory membership for relevant producers 84 Application of div 2 (1) This division applies to a person (a relevant producer ) if, after the dissolution day for a replacement corporation’s transferring producer body, the person produces a commodity for which the transferring producer body was established under the FMO Act or the PPO&M Act. (2) The commodities for each transferring producer body, other than a local association, are as follows— (a) for the COD—fruit or vegetables under the FMO Act; (b) for the Queensland Cane Growers’ Organisation—sugar cane; (c) for the Queensland Dairyfarmers’ Organisation—milk (as defined under the repealed Dairy Industry Act 1993 );

s 85 45 s 85 Primary Industry Bodies Reform Act 1999 (d) for the Queensland Pork Producers’ Organisation—pigs under the Primary Producers’ Organisation and Marketing (Queensland Pork Producers’ Organisation) Regulation 1997 ; (e) for the Queensland Commercial Fishermen’s Organisation—fish under the Fisheries Act 1994 . (3) For subsection (1), a person produces a commodity for the transferring producer body if— (a) for fruit or vegetables—the person would, if the FMO Act had not expired, be a fruit grower or vegetable grower under that Act; or (b) for sugar cane—the person would, if the PPO&M Act had not expired, be a grower of sugar cane under section 30A 24 of that Act; or (c) for milk—the person would, if the Dairy Industry Act 1993 had not been repealed, be the holder of a producer’s licence under the Dairy Industry Act 1993 , sections 28(1)(a) and 29(2); 25 or (d) for pigs—the person has, at any time in the current year, owned and grown 70 or more pigs; 26 or (e) for fish—the person holds a commercial fisher licence under the Fisheries Act 1994 . 27 85 Obligation to be a member of replacement corporation (1) This section applies to a person who is, or who becomes, a relevant producer if the replacement corporation’s constitution does not have a provision to the effect that a 24 PPO&M Act, section 30A (Definitions for section 30) 25 Dairy Industry Act 1993 , sections 28 (Classes of licences) and 29 (Application for and grant of licence) 26 See the Primary Producers’ Organisation and Marketing (Queensland Pork Producers’ Organisation) Regulation 1997 , section 2, definition producer . 27 See PPO&M Act, sections 30F (Queensland Commercial Fishermen’s Organisation and State Council) and 58(1)(a) (Transitional provision for Fisheries Act 1994) and Queensland Commercial Fishermen’s Organisation Regulation 1989 , section 5 (Membership by commercial fishermen).

s 86 46 s 86 Primary Industry Bodies Reform Act 1999 relevant producer need not be a member of the corporation (a membership exemption provision ). (2) However, this section does not apply if— (a) the replacement corporation’s transferring producer body was a local association; or (b) the replacement corporation is, or becomes, an industrial association. (3) If the person is, or becomes, a member of the replacement corporation, the person must continue to be a member of the corporation while the person is a relevant producer. 28 (4) If the person is not a member of the replacement corporation, the person must, within 7 days after having become a relevant producer, take all steps required under the constitution to become a member of the corporation. Example of ‘steps required’ — The replacement corporation is an incorporated association. Its constitution consists only of the model rules under the Associations Incorporation Act. The steps required are the steps under the model rules, sections 6 and 7. (5) The obligation under subsection (3) or (4) is called the membership obligation . 86 Compulsory membership (1) If a person to whom the membership obligation applies does not comply with the obligation, the person is taken to have become an ordinary member of the replacement corporation ( compulsory membership ). (2) The compulsory membership applies without the person paying an entry fee or complying with any other condition for the membership. (3) If the replacement corporation is a public company or a cooperative that has a share capital, for the compulsory 28 For persons who will be members on the dissolution day, see sections 54 (Eligible producers become members of replacement corporation) and 69 (Obligation to distribute shares to eligible producers).

s 87 47 s 87 Primary Industry Bodies Reform Act 1999 membership, the person is taken to have been issued 1 ordinary fully-paid share in the corporation. (4) The share is issued on the same terms as other ordinary shares in the replacement corporation. (5) The replacement corporation and any entity with registration functions under a law of the State for its membership may register the compulsory membership. 87 Deferral of replacement corporation’s obligations for membership The following provisions do not apply for a compulsory membership until 1 month after a member of the board of directors or management committee of the replacement corporation becomes aware of the membership— (a) the requirements of a provision as follows, to the extent the replacement corporation must keep a record in a register for the membership— (i) for an incorporated association—the Associations Incorporation Regulation 1999 , section 9(1)(d); (ii) for a public company—the Corporations Act, sections 168(1)(a) and 169; (iii) for a cooperative—the Cooperatives Act, section 69(2); (b) if the replacement corporation is a public company—the Corporations Act, section 254X. 29 29 Associations Incorporation Regulation 1999 , section 9 (Record keeping) Corporations Act, sections 168 (Registers to be maintained), 169 (Register of members) and 254X (Notice to ASIC of share issue) Cooperatives Act, section 69 (Rights of membership not exercisable until registered etc.)

s 88 48 s 92 Primary Industry Bodies Reform Act 1999 Division 3 Review of compulsory membership 88 Application of div 3 This division applies to a replacement corporation if— (a) its transferring producer body was not a local association; and (b) on the third anniversary of the transfer day— (i) it is not an industrial association; and (ii) its constitution does not include a membership exemption provision for all of its members who are relevant producers for the corporation (its producer members ). 89 Review by poll (1) The replacement corporation must conduct a poll of its producer members. (2) The poll must be to decide whether to amend the corporation’s constitution to include a membership exemption provision for all of its producer members. 90 Conduct of poll (1) The poll must be conducted on or before 30 June 2003 or an earlier day prescribed under a regulation (the poll completion day ). (2) A regulation may provide for how the poll must be conducted and for how the result of the poll must be declared. 91 Costs of poll The replacement corporation must pay the costs of the poll. 92 Result of poll The replacement corporation is taken to have decided to make the amendment unless a majority of all of its producer

s 93 49 s 95 Primary Industry Bodies Reform Act 1999 members as at the date of the poll decide against the amendment. 93 Consequence of failure to conduct or declare poll The replacement corporation is taken to have decided to make the amendment on the poll completion day if before that day— (a) the poll has not been conducted; or (b) the result of the poll has not been declared. 94 Amendment takes effect as a special resolution (1) If the replacement corporation decides to make the amendment, or is taken to have decided to make the amendment, the decision is taken to have been made by a special resolution of the corporation’s members. (2) The special resolution is taken to have been passed on the earlier of the following— (a) the declaration of the result of the poll; (b) the poll completion day. 95 Obligation to register amendment (1) This section applies to the replacement corporation and any entity with registration functions under a law of the State for its constitution if the corporation decides to make, or is taken to have decided to make, the amendment. Examples of an ‘entity under a law of the State ’— • the registrar of cooperatives • the chief executive for the Associations Incorporation Act. (2) The replacement corporation must complete the appropriate documents for the registration of the amendment with the entity as soon as practicable after the special resolution for the amendment is taken to have been passed under section 94(2). (3) The entity must register or otherwise give effect to the documents.

s 96 50 s 99 Primary Industry Bodies Reform Act 1999 Division 4 Miscellaneous 96 Part overrides Corporations Act and other laws (1) This part has effect despite the following— (a) the Associations Incorporation Act; (b) the Corporations Act; (c) the Cooperatives Act; (d) the replacement corporation’s constitution. (2) Without limiting subsection (1), if there is any conflict or inconsistency between this part and the replacement corporation’s constitution, this part prevails. Part 7 Miscellaneous Division 1 Appeals from Minister’s decision on net asset value 97 Application of div 1 This division applies if the Minister decides a producer body’s net asset value. 98 Right of appeal The administrator of the producer body or the replacement corporation may appeal against the decision to the District Court. 99 Starting appeal (1) An appeal is started by— (a) filing written notice of appeal with the District Court; and

s 100 51 Primary Industry Bodies Reform Act 1999 s 101 (b) serving a copy of the notice on the Minister and— (i) if the administrator filed the notice—the replacement corporation; or (ii) if the replacement corporation filed the notice—the administrator; and (c) complying with rules of court applicable to the appeal. (2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision. (3) The court may at any time extend the time for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 100 Stay of operation of decision (1) The District Court may grant a stay of the operation of the decision, and the share issue and share distribution scheme to which it relates, to secure the effectiveness of the appeal. (2) A stay— (a) may be granted on conditions the court considers appropriate; and (b) operates for the period stated by the court; and (c) may be amended or revoked by the court. (3) The period of a stay stated by the court must not extend past the time when the court decides the appeal. (4) An appeal affects the decision, or the carrying out of the decision and the share issue and distribution, only if the decision is stayed. 101 Hearing procedures (1) In deciding an appeal, the District Court— (a) has the same powers as the Minister; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and

s 102 52 Primary Industry Bodies Reform Act 1999 s 105 (d) may hear the appeal in public or in private. (2) An appeal is by way of rehearing. 102 General powers of District Court on appeal (1) In deciding an appeal, the District Court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the matter to the Minister with directions the court considers appropriate. (2) In substituting another decision, the court has the same powers as the Minister. (3) If the court substitutes another decision, the substituted decision is taken for this Act, other than this division, to be the Minister’s decision. 103 Appeal to Supreme Court An appeal lies to the Supreme Court from a decision of the District Court, but only on a question of law. Division 2 General 104 Act applies despite agreements etc. This Act has effect despite anything in any agreement, contract, instrument or undertaking. 105 Act does not affect existing legal relationships Nothing done under this Act in relation to a producer body, secondary body or replacement corporation (the entity )— (a) makes the entity liable for a breach of a contract, trust or confidence or otherwise makes the entity guilty of a civil wrong; or (b) places the entity in breach of a law of the State or an instrument prohibiting, regulating or restricting the

s 106 53 Primary Industry Bodies Reform Act 1999 s 107 assignment or transfer of an asset or liability or the disclosure of information; or (c) is taken to fulfil a condition— (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or (d) releases a surety or other obligee, wholly or partly, from an obligation. 106 Other conditions for transactions under Act taken to be met (1) This section applies if— (a) apart from this section, obtaining the advice or consent of, or giving notice to, a person would be necessary to give effect to a transfer or other transaction contemplated by this Act; and (b) the advice, consent or notice is not required under this Act. (2) The advice is taken to have been obtained. (3) The consent or notice is taken to have been given. 107 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation (a transitional regulation ) may make provision about a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the objects of this Act; and (b) this Act does not make provision or sufficient provision.

s 108 54 Primary Industry Bodies Reform Act 1999 s 109 (3) A transitional regulation must declare it is a transitional regulation. (4) Subsections (2) and (3), this subsection and any transitional regulation expire 1 year after the date of assent. Part 8 Expiry of Act 108 Expiry This Act expires on 31 December 2005. 109 Saving of operation of pt 3, div 2, sdiv 3 Part 3, division 2, subdivision 3 is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies. 30 30 Part 3, division 2, subdivision 3 (Trust for assets of secondary body of Queensland Cane Growers’ Organisation) Acts Interpretation Act 1954 , section 20A (Repeal does not end saving, transitional or validating effect etc.)

55 Primary Industry Bodies Reform Act 1999 Schedule Dictionary section 5 administrator , for part 5, see section 58. ASIC means the Australian Securities and Investments Commission. asset includes right. assets and liabilities , of a producer body, includes the assets and liabilities that, under section 39, are, or are taken to have been, transferred to the body. Associations Incorporation Act means the Associations Incorporation Act 1981 . authorised person , for a replacement corporation, means its secretary or someone else with the written authority of its board of directors or management committee. COD see section 6(a). COD member means a representative or other appointee to the COD under the FMO Act, section 9. company limited by guarantee means a company limited by guarantee under the Corporations Act, section 9. 31 completion notice , for part 5, see section 79. compulsory membership see section 86(1). constitution , of a replacement corporation, means— 31 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 a company) provides that: ‘A company limited by guarantee does not have the power to issue shares.’.

56 Primary Industry Bodies Reform Act 1999 Schedule (continued) (a) for a company limited by guarantee or a public company—its constitution, or proposed constitution, under the Corporations Act; or (b) for a cooperative—its rules, or proposed rules, under the Cooperatives Act; or (c) for an incorporated association—its rules, or proposed rules, under the Associations Incorporation Act. cooperative means a body registered as a cooperative under the Cooperatives Act. Cooperatives Act means the Cooperatives Act 1997 . deferred day means— (a) for part 2, division 2—see section 17; or (b) for part 2, division 3—see section 28. dissolution day , for a producer body, means the day for its dissolution under section 55 or 82. eligible grower , for part 3, division 2, subdivision 3, see section 43. eligible producer , for a producer body, see section 8. FMO Act means the Fruit Marketing Organisation Act 1923 . incorporated association means an association incorporated under the Associations Incorporation Act. industrial association means an industrial association under the Industrial Relations Act. Industrial Relations Act means the Industrial Relations Act 1999 . local association means a local association under the FMO Act. member , for part 6, see section 83. membership exemption provision , for part 6, see section 85(1). membership obligation , for part 6, see section 85(5).

57 Primary Industry Bodies Reform Act 1999 Schedule (continued) net asset value see section 71. officer , of a secondary body, includes a person who is a member, however called, of the secondary body’s management committee or other body that governs its affairs. parties , for part 5, see section 74(1). poll completion day , for part 6, see section 90(1). PPO&M Act means the Primary Producers’ Organisation and Marketing Act 1926 . 32 PPO&M producer body see section 6(c). producer body see section 6. producer members , for part 6, see section 88(b). proposed cooperative , for part 2, division 3, see section 26(a). public company means a public company under the Corporations Act, other than— (a) a company limited by guarantee; or (b) a proprietary company under the Corporations Act, section 45A. relevant cooperative , for part 2, division 3, see section 28. relevant incorporated association , for part 2, division 2, see section 17. relevant producer , for part 6, see section 84(1). replacement corporation see section 3(a). residual powers , for part 5, see section 61(1). secondary body see section 7. section 39 transfer , for part 3, division 2, subdivision 3, see section 42(1)(b). share means a share in share capital of a body corporate. 32 The Primary Producers’ Organisation and Marketing Act 1926 expired as from 21 January 2000, see section 56B of that Act as inserted by Act No. 88 of 1999, section 118.

58 Primary Industry Bodies Reform Act 1999 Schedule (continued) share distribution scheme , for a producer body, see section 9. share issue , for a replacement corporation, means the issue of shares it must make under section 68. share issue price , for part 5, see section 58. State council , for a PPO&M producer body, means its State council under the PPO&M Act. termination notice see section 46(1). transfer , for part 5, see section 58. transfer day see section 10. transferring producer body , for a replacement corporation, means the producer body whose assets and liabilities are transferred to the corporation under section 41. trustee , for part 3, division 2, subdivision 3, see section 44(1). trust property , for part 3, division 2, subdivision 3, see section 44(1).

59 Primary Industry Bodies Reform Act 1999 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 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 27 October 2004. Future amendments of the Primary Industry Bodies Reform Act 1999 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

60 Primary Industry Bodies Reform Act 1999 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B Amendments included none to Act No. 25 of 2000 to Act No. 45 of 2001 Effective 29 October 1999 21 December 1999 15 July 2001 1C to Act No. 49 of 2002 24 September 2002 1D to Act No. 41 of 2004 27 October 2004 Reprint date 27 January 2000 7 July 2000 27 July 2001 (Column discontinued) Notes 5 List of legislation Primary Industry Bodies Reform Act 1999 No. 88 date of assent 21 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 29 October 1999 (see s 2(3)) exp 31 December 2005(see s 108 as amd 2004 No. 41 s 5) amending legislation— Sugar Industry Amendment Act 2000 No. 25 ss 1, 2(1), 3(2) sch 3 date of assent 27 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1999 (see s 2(1)) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Primary Industries Legislation Amendment Act 2002 No. 49 pt 1, s 37 sch date of assent 24 September 2002 commenced on date of assent Primary Industry Bodies Reform Amendment Act 2004 No. 41 date of assent 27 October 2004 commenced on date of assent

61 Primary Industry Bodies Reform Act 1999 6 List of annotations Producer body may appoint its replacement corporation s 11 amd 2001 No. 45 s 29 sch 3 Conditions for appointment s 12 amd 2000 No. 25 s 3(2) sch 3 Meaning of “eligible grower” for sdiv 3 s 43 amd 2000 No. 25 s 3(2) sch 3 sub 2004 No. 41 s 3 Reimbursement for transferred liabilities s 45 amd 2000 No. 25 s 3(2) sch 3 Termination of trust by notice s 46 sub 2004 No. 41 s 4 Obligation of replacement corporation to give notice of its proposed use of trust property s 46A ins 2004 No. 41 s 4 Automatic termination of trust if termination notice not given by 30 June 2005 and s 46A has been complied with s 46B ins 2004 No. 41 s 4 Obligation of replacement corporation to give copies of particular notices s 46C ins 2004 No. 41 s 4 Registration of transferred assets s 48 amd 2001 No. 45 s 29 sch 3 Reimbursement of employment liabilities from trust property s 51A ins 2000 No. 25 s 3(2) sch 3 Eligible producers become members of replacement corporation s 54 amd 2001 No. 45 s 29 sch 3 Term of office s 64 amd 2001 No. 45 s 29 sch 3 Obligation to register shares issued or distributed under pt 5 s 80 amd 2001 No. 45 s 29 sch 3 Part overrides Corporations Act and other laws prov hdg amd 2001 No. 45 s 29 sch 3 s 81 amd 2001 No. 45 s 29 sch 3 Application of div 2 s 84 amd 2002 No. 49 s 37 sch Compulsory membership s 86 amd 2001 No. 45 s 29 sch 3 Deferral of replacement corporation’s obligations for membership s 87 amd 2001 No. 45 s 29 sch 3

62 Primary Industry Bodies Reform Act 1999 Obligation to register amendment s 95 amd 2001 No. 45 s 29 sch 3 Part overrides Corporations Act and other laws prov hdg amd 2001 No. 45 s 29 sch 3 s 96 amd 2001 No. 45 s 29 sch 3 Regulation–making power s 107(2)–(4) exp 21 December 2000 (see s 107(4)) Expiry s 108 amd 2004 No. 41 s 5 PART 9—AMENDMENT OF MEAT INDUSTRY ACT 1993 (ss 110–114) om R1 (see RA s 40) PART 10—REPEALS AND OTHER AMENDMENTS (ss 115–125) om R1 (see RA s 40) SCHEDULE—DICTIONARY def “company limited by guarantee” amd 2001 No. 45 s 29 sch 3 def “constitution” amd 2001 No. 45 s 29 sch 3 def “public company” amd 2001 No. 45 s 29 sch 3 def “termination notice” ins 2004 No. 41 s 6 © State of Queensland 2006