Sugar Industry (Authorised Transaction Orders) Guideline 1992


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SUGAR INDUSTRY (AUTHORISED TRANSACTION ORDERS) GUIDELINE 1992
Queensland Sugar Industry Act 1991 SUGAR INDUSTRY (AUTHORISED TRANSACTION ORDERS) GUIDELINE 1992 Reprinted as in force on 27 October 1993 (includes amendments up to SL No. 123 of 1992) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 27 October 1993. As required by section 5 of the Reprints Act 1992 , it— shows the law as amended by all amendments that commenced on or before that day; and incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. As required by section 6 of the Reprints Act 1992 , the reprint includes a reference to the law by which each amendment was made—see List of legislation and List of annotations in Endnotes. The opportunity has also been taken, under section 7 of the Reprints Act 1992 , to do the following— use aspects of format and printing style consistent with current legislative drafting practice as permitted by section 35 of that Act. Also see Endnotes for— details about when provisions commenced; and any provisions that have not commenced and are not incorporated in the reprint.
Queensland SUGAR INDUSTRY (AUTHORISED TRANSACTION ORDERS) GUIDELINE 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Approved order forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 General orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Application form to specify orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Local Board may make specific orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Corporation’s forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 AUTHORISED TRANSACTION ORDERS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 8 AUTHORISED TRANSACTION ORDERS ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 10 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3 Sugar Industry (Authorised Transaction Orders) Guideline 1992 SUGAR INDUSTRY (AUTHORISED TRANSACTION ORDERS) GUIDELINE 1992 [as amended by all amendments that commenced on or before 27 October 1993 2 ] ˙ Short title 1. This guideline may be cited as the Sugar Industry (Authorised Transaction Orders) Guideline 1992 3–4 . ˙ Approved order forms 2. The orders indicated in this guideline are the approved form of orders to be made by a Local Board under sections 9.8 and 9.33 of the Act to give effect to the authorised transactions mentioned in sections 9.7 and 9.32 of the Act. ˙ General orders 3. Subject to section 4, on application to it by the party or parties to an authorised transaction, a Local Board may make orders in the general terms indicated in Schedule 1 to give effect to the authorised transaction. ˙ Application form to specify orders 4.(1) An application to a Local Board for the approved form of orders mentioned in section 3 is to— (a) identify each assignment involved, existing or proposed, and state its presently assigned description; and (b) state the name and address of each party to the authorised transaction; and (c) specify the type of authorised transaction in detail sufficient to identify the matters mentioned in section 9.7 or 9.32 of the Act for which it provides; and
4 Sugar Industry (Authorised Transaction Orders) Guideline 1992 (d) set out each of the orders that are to be directed to the Corporation in the way indicated in Schedules 2 and 3; and (e) comply with any other guideline issued by the Corporation in relation to the application. (2) For the purposes of subsection (1)(d), it is sufficient if the orders set out in the application, when read with the application documents, are substantially of the same effect as the orders indicated in the Schedules. ˙ Local Board may make specific orders 5. Despite sections 2, 3 and 4, a Local Board in deciding an application for orders to give effect to an authorised transaction may— (a) make orders in the general terms indicated in Schedule 1, subject to any amendment of the orders requested in the application that may be necessary to ensure that the orders give effect to the Local Board’s decision; or (b) instead of making orders in the general terms indicated in Schedule 1, make specific orders necessary to give effect to the Local Board’s decision in the way indicated in Schedules 2 and 3. ˙ Corporation’s forms 6. Despite sections 2, 3 and 4, orders made by a Local Board using forms issued by the Corporation for use in relation to a particular type of authorised transaction and substantially of the same effect as the orders indicated in this guideline are sufficient for all purposes. ˙ Instructions 7. Instructions at the end of a Schedule apply in relation to the orders indicated in the Schedule.
5 Sugar Industry (Authorised Transaction Orders) Guideline 1992 ¡ SCHEDULE 1 [Note: Transactions involving more than 1 mill require the unanimous consent of the members of each Local Board constituted for the mills.] To the Queensland Sugar Corporation— The ____________________ Local Board approves the attached application and makes all orders necessary to give effect to it. The orders are subject to the following conditions— by order of the Local Board Chairperson
6 Sugar Industry (Authorised Transaction Orders) Guideline 1992 ¡ SCHEDULE 2 AUTHORISED TRANSACTION ORDERS •TRANSACTION INVOLVING ONLY 1 MILL• Transfer to new holder Transfer assignment 1 from Party A to Party B Variation of presently assigned description Cancel the assignment to the mill of the following land ______________ __________________________________________________________ Assign to the mill the following land ____________________________ __________________________________________________________ Transfer of assignment’s area Cancel ______ hectares of assignment 1’s area Allocate _______ hectares of assignment area to assignment 2 Transfer of farm peak from holder to another person Transfer ________ of farm peak from Party A to Party B
7 Sugar Industry (Authorised Transaction Orders) Guideline 1992 SCHEDULE 2 (continued) Transfer of farm peak from an assignment to another assignment Cancel ________ of farm peak existing in relation to assignment 1 Allocate ________ of farm peak to assignment 2 Cancellation of assignment Cancel assignment 1 Grant of assignment Grant assignment 2 Instructions 1. Orders of a type set out in this Schedule are to be made so far as relevant to give effect to an authorised transaction mentioned in section 9.7 or 9.32 of the Act if the authorised transaction involves only 1 mill. 2. If abbreviated references to an assignment, party or other matter are used, for example Party A or Party B , Disponer or Disponee , Transferor or Transferee , Assignment 1 or Assignment 2 , the application documents are to clearly identify the subject of the abbreviation.
8 Sugar Industry (Authorised Transaction Orders) Guideline 1992 ¡ SCHEDULE 3 AUTHORISED TRANSACTION ORDERS •TRANSACTION INVOLVING MORE THAN 1 MILL• A Transfer of assignment’s area Cancel ______ hectares of assignment 1’s area Transfer of farm peak from holder to another person Transfer ________ of farm peak from Party A to Party B Transfer of farm peak from an assignment to another assignment Cancel ________ of farm peak existing in relation to assignment 1 Cancellation of assignment Cancel assignment 1
9 Sugar Industry (Authorised Transaction Orders) Guideline 1992 B Transfer of assignment’s area Allocate _______ hectares of assignment area to assignment 2 Transfer of farm peak from an assignment to another assignment Allocate ________ of farm peak to assignment 2 Grant of assignment Grant assignment 2 Instructions 1. Orders of a type set out in this Schedule are to be made so far as relevant to give effect to an authorised transaction mentioned in section 9.7 or 9.32 of the Act if the authorised transaction involves more than 1 mill. 2. If abbreviated references to an assignment, party or other matter are used, for example Party A or Party B , Disponer or Disponee , Transferor or Transferee , or Assignment 2 , the application documents are to clearly identify the subject of the abbreviation. 3. The orders in Part A are the type of orders to be made by the Local Board for the mill to which is assigned the land of the assignment cancelled or from which is transferred assignment’s area or farm peak under the authorised transaction. 4. The orders in Part B are the type of orders to be made by the Local Board for the mill to which will be assigned the land of an assignment created by the authorised transaction or to which will be transferred assignment’s area or farm peak under the authorised transaction.
10 Sugar Industry (Authorised Transaction Orders) Guideline 1992 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in section 5(c) of the Reprints Act 1992 . Accordingly, this reprint includes all amendments that commenced operation on or before 27 October 1993. Future amendments of the Sugar Industry (Authorised Transaction Orders) Guideline 1992 may be made in accordance with this reprint under section 49 of the Reprints Act 1992 . ´ 3 List of legislation Sugar Industry (Authorised Transaction Orders) Guideline 1992 SL No. 45 pubd Gaz 13 March 1992 pp 1482–90 commenced on date of publication as amended by— Sugar Industry (Authorised Transaction Orders) Amendment Guideline (No. 1) 1992 SL No. 123 pubd Gaz 5 June 1992 pp 1113–14 commenced on date of publication
11 Sugar Industry (Authorised Transaction Orders) Guideline 1992 ´ 4 List of annotations Key to abbreviations in list of annotations amd Chap cl def Div hdg ins om prec pres prev (prev) prov Pt RA renum Sdiv sub = = = = = = = = = = = = = = = = = = amended Chapter clause definition Division heading inserted omitted preceding present previous previously provision Part Reprints Act 1992 renumbered Subdivision substituted Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Short title s 1 amd 1992 SL No. 123 s 3 SCHEDULE 1 hdg amd 1992 SL No. 123 s 4 © State of Queensland 1998