THE REGULATION OF SUGAR CANE PRICES ACTS, … · THE REGULATION OF SUGAR CANE PRICES ACTS, 1962 to 1966 ... owning or having the control of a mill: The term, where necessary,

THE REGULATION OF SUGAR CANE PRICES ACTS,

1962 to 1966

Regulation of Sugar Cane Prices Act of 1962, No. 45

Amended by

25

Decimal Currency Act of 1965, No. 61, s. 11 Second Schedule Regulation of Sugar Cane Prices Acts Amendment Act of 1966, No. 19

An Act to Consolidate and Amend the Law relating to the Constitution of The Central Sugar Cane Prices Board and of Local Sugar Cane Prices Boards, and to Regulate the Powers and Duties of such Boards, and for other purposes consequent thereon

[Assented to 28 December 1962]

PART I-PRELIMINARY

1. Short title. This Act may be cited as "The Regulation of Sugar Cane Prices Act of 1962."

Collective title conferred by Act of 1966, No. 19, s. 1 (3).

2. Commencement. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Commenced 1 March 1963 (Proclamation--Gazette 2 March 1963, p. 895).

3. Repeals and Savings. "The Regulation of Sugar Cane Prices Acts, 1915 to 1954," (hereinafter in this Act referred to as "the repealed Acts") are hereby repealed:

Provided that, but without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962"-

(a) unless otherwise expressly prescribed every Proclamation, Order in Council, regulation, award, approval, decision, declaration, determination, direction, order, or other act of authority made, granted, issued, done, or otherwise originated under the repealed Acts and subsisting or in force immediately prior to the commencement of this Act shall, subject as hereinafter provided. and so far as is consistent with this Act, continue for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effiuxion of time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined under this Act;

(b) every election or appointment of any person to be chairman, temporary chairman, or a member, of the Central Sugar Cane Prices Board or of any Local Sugar Cane Prices Board, and every award, approval, decision, declaration, determination, direction, or order, and every appointment

26 SUGAR Vol. 17

held or made or purporting to have been held or made under the repealed Acts shall be deemed to be and to have been validly and duly held or made under this Act and the same are and each of them is hereby confirmed for all purposes whatsoever;

(C) every Order in Council, notice and order approved, ratified, confirmed and validated by section three of "The Regulation of Sugar Cane Prices Acts Amendment Act of 1931" shall be deemed to be and to have been validly and duly made under this Act and the same are and each of them is hereby confirmed for all purposes whatsoever;

(d) all penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the date of the repeal of such provision shall and may be enforced as if the repealed Acts had not been repealed;

(e) all actions and proceedings of whatever nature under any provision of the repealed Acts commenced or pending at the date of the repeal of such provision may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained;

(f) every investigation and inquiry commenced under the repealed Acts may be continued and concluded as if the repealed Acts had not been repealed, and any breach of an award and any offence against any provision of the repealed Acts committed prior to the date of the repeal of the repealed Acts may be investigated and prosecuted, and any penalties may be imposed and enforced with respect thereto in all respects as if the repealed Acts had not been repealed.

Act referred to: Acts Interpretation Act 1954-1970, title ACTS OF PARLIA!\IENT.

Vol. 1, p. 82.

4. Parts of Act. This Act is divided into Parts as follows:-PART I-PRELIMINARY (ss. 1-5);

PART II-LoCAL SUGAR CANE PRICES BOARDS (ss. 6-15);

PART III-CENTRAL SUGAR CANE PRICES BOARD (S5. 16-31);

PART IV-REGULATION OF SUGAR CANE PRICES;

DIVISION I-ASSIGNMENTS (ss. 32-41); DIVISION Il-REGULATION OF MILLING AND GROWING (SS.

42-59) ; DIVISION Ill-CONTRACTS AND AGREEMENTS (ss. 60-61); DIVISION IV-APPEALS AND APPLICATIONS (ss. 62-66); DIVISION V-PROCEEDINGS OF BOARDS--{;ENERALLY (ss.

67-81) ; DIVISION VI-EASEMENTS AND PERMITS TO USE LAND (ss.

82-89) ; DIVISION VII-CANE-TESTERS AND CHECK-WEIGHERS (SS.

90-96) ;

REGULATION OF SUGAR CANE PRICES ACTS ss.3-5 27

PART V-BREACHES OF AWARDS AND OTHER OFFENCES (5S. 97-100);

PART VI-GENERAL PROVISIONS (55. 101-112).

5. Meaning of tenns. Without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962," in this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-

"Administrator"-A person appointed by the Minister under section forty-seven of this Act to administer the affairs of a mill;

"Adopted"-Used with reference to an award-adopted In

accordance with this Act by the Central Board; "Assignment"-An assignment made in accordance with this Act

of particular land to a particular mill, and in force at any time in question: The term, where necessary, includes an altered or transferred assignment: The term also, where applicable, includes the lands comprised in an assignment;

"Award"-An award made or adopted or deemed to have been made or adopted in accordance with this Act, and in force at any time in question: The term, where necessary, includes any variation of an award;

"Cane-grower"-Any person, or body or association of persons whether corporate or unincorporate, holding land assigned to a mill under this Act: The term, except where this Act expressly otherwise provides, does not include any owner of a mill holding land assigned to that mill or to any other mill;

"Cane-tester"-A cane-tester appointed under this Act; "Cane Tester Examining Board"-The Cane Tester Examining

Board constituted under this Act; "Central Board"-The Central Sugar Cane Prices Board con

stituted under this Act; "Chairman"-The Chairman of the Central Board appointed

under this Act by the Governor in Council: The term includes a person appointed under this Act by the Governor in Council to act temporarily in the office of the Chairman of the Central Board;

"Check-weigher"-A check-weigher appointed under this Act; "Commercial cane sugar" -The estimated yield of cane sugar

from sugar-cane, determined as prescribed; "Crushing capacity"-The estimated maximum rate of crushing at

which a mill can operate continuously whilst maintaining a proper level of efficiency;

"Farm peak"-The maximum quantity of sugar-cane grown upon land assigned under this Act to a mill, which at any time in question may be delivered to that mill by the cane-grower and accepted by the mill-owner for the manufacture of sugar, within that quantity of sugar specified with respect to that mill under a Proclamation referred to in section forty-two of this Act;

"Local Board"-A Local Sugar Cane Prices Board constituted under this Act;

28 SUGAR Vol. 17

"Member"-A member of the Central Board or, as the case requires, a Local Board, appointed or elected in accordance with this Act;

The term includes a person appointed under this Act by the Governor in Council to act temporarily in the office of a member of the Central Board or, as the case may be, a Local Board;

"Mill suppliers' committee"-A Mill suppliers' committee constituted under "The Primary Producers' Organisation and Marketing Acts, 1926 to 1957";

"Minister"-The Minister for Agriculture and Forestry or other Minister of the Crown for the time being charged with the administration of this Act;

"Owner of a Mill", "Mill-owner"-Any person, or body or association of persons whether corporate or un incorporate, owning or having the control of a mill: The term, where necessary, includes the manager or managing director or other person controlling the business of a mill and the Corporation of the Treasurer created under and for the purposes of "The Sugar Works Guarantee Acts, 1893 to 1908," "The Sugar Works Act of 1911," and "The Co-operative Sugar Works Act of 1914" and any officer of such Corporation;

"Secretary"-The secretary of the Central Board appointed under this Act: The term includes any person appointed to act in, or for the time being performing the duties of, the office of the secretary of the Central Board;

"Sugar Cane Prices Fund"-The Sugar Cane Prices Fund established under this Act;

"Sugar-mill", "Mill"-A works equipped for the manufacture of sugar from sugar-cane and referred to in the appendix to the Schedule of a Proclamation referred to in section fortytwo of this Act.

Acts referred to: Acts Interpretation Act 1954-1970, title ACTS OF PARLIAMENT,

Vol. 1, p. 82. Primary Producers' Organisation and Marketing Acts, 1926 to 1966, title

PRIMARY PRODUCE, Vol. 13, p. 784. Sugar Works Guarantee Acts, 1893 to 1908, repealed. Sugar Works Act of 1911, repealed. Co-operative Sugar Works Act of 1914, repealed.

Assignment--See ss. 32-41. Award-See ss. 15,28-30,52-59,62,63,81,97-101. Cane-grower-As to "firm" and "association", see R. v. Central Cane Prices

Board; Ex parte Colonial Sugar Refining Co. Ltd., [1917] St. R. Qd. 1, at p. 12; [1917] Q.W.N. 4.

For cases where the definition of "cane-grower" was held to yield to the general policy of the Act, see Lennon v. Gibson & Howes Ltd., [1919] A.c. 709; 26 C.L.R. 285; Stevens v. Colonial Sugar Refining Co. Ltd. (1920), 28 C.L.R. 330.

Cane-tester--See ss. 90-96. Central Board--See ss. 16-31. Check-weigher--See s. 96. Local Board--See ss. 6-15. Sugar Cane Prices Fund--See ss. 104-107.

REGULATION OF SUGAR CANE PRICES ACTS ss.5·7 29

PART II-LocAL SUGAR CANE PRICES BOARDS

6. Local Boards. (1) The Governor in Council may, by Order in Council, constitute Local Sugar Cane Prices Boards for the purposes of this Act.

In making such Order in Council the Governor in Council shall give due consideration to any recommendations made by the Central Board.

The same Local Board shall be constituted with respect to one mill only.

(2) Except as hereinafter provided, no member of Parliament or of the legal profession shall be or act as a member of a Local Board:

Provided that a person may be appointed and act as chairman of a Local Board notwithstanding that he is a member of the legal profession.

Once a Local Board is constituted by Order in Council, it continues in existence until the Order in Council is rescinded, irrespective of changes in its personnel, R. v. Central Cane Prices Board; Ex parte Colonial Sugar Refining Co. Ltd., [1917] St. R. Qd. 1; [1917] Q.W.N. 4.

See ss. 7 (constitution of Local Boards), 8 (members), 9 (term of office), 10 (vacation of office), 11 (filling of vacancies), 12 (quorum), 13 (meetings), 14 (existing Local Boards), 15 (jurisdiction).

In certain circumstances, the powers of a Local Board are exercised by the Central Board, see s. 27.

As to adoption of the awards of Local Boards, see s. 28. As to assignments to Local Boards, see ss. 32-41. For matters to be taken into account by Local Boards when making an

award, see s. 57. As to appeals from a Local Board, see s. 62. As to representation before a Local Board, see s. 68. Local Boards do not obey the strict rules as to evidence, s. 69. The chairman of a Local Board has the powers of a stipendiary magistrate,

s. 74 (b). As to the finality of the decision of a Local Board, see s. 81.

As to the oath of office for Local Board members, see s. 102. For powers of members of Boards to inspect records, see s. 103. Facilitation is made of proof of certain matters relating to Local Boards,

by s. 109.

7. Constitution of Local Boards. Application for the constitution of a Local Board may be made to the Minister by-

(a) the owner of the mill with respect to which the Local Board is required; or

(b) any number of cane-growers, being not less than twenty (or one-third if the whole number does not exceed sixty) of those cane-growers who supplied sugar-cane during the season then last past to the mill with respect to which the Local Board is required.

Such application may be made not later than the thirty-first day of January next preceding the season with respect to which the Local Board is required.

Upon receipt of such application the Minister may cause to be made such inquiry into the matter as he thinks proper, and may recommend to the Governor in Council that a Local Board shall be constituted in accordance with the terms of the application or with such modifications thereof as he thinks necessary.

30 SUGAR VoI.17

Thereupon the Governor in Council may, not later than the first day of March next succeeding the application, constitute the Local Board, declare the number of its members and assign a name to the Local Board.

See notes to s. 6.

8. Members of Local Boards. (1) A Local Board shall consist of three or five members (including a chairman), as shall be declared in the Order in Council.

The chairman shall be appointed by the Governor in Council.

One half of the members (other than the chairman) shall be appointed as representatives of the cane-growers, and one half as representatives of the mill-owner.

(2) The members of a Local Board (other than the chairman) shall be elected as prescribed by the regulations, provided that-

(a) at the election of a representative or representatives of the cane-growers, no cane-grower shall be entitled to more than one vote;

(b) at such an election no cane-grower shall be entitled to vote unless he is the holder of an assignment of five or more acres of land;

(c) if the cane-growers fail or the mill-owner fails to nominate the requisite number of their respective representatives or to elect such number of representatives as prescribed by the regulations, the Governor in Council may, by notification published in the Gazette, appoint such and so many persons as representatives of the cane-growers or the mill-owner respectively as are required to constitute such Local Board.

See notes to's. 6.

9. Term of office. The chairman of a Local Board shall hold office during the pleasure of the Crown.

Subject to the provisions of section ten of this Act, the term of office of a member of a Local Board (other than the chairman) shall be three years from the date of his appointment; but nothing herein shall be construed to prevent any such member from being at any time re-elected or re-appointed as a member.

The times for the holding of the first triennial elections under this Act of members of Local Boards shall be fixed by reference to the last such election held under the repealed Acts.

See notes to s. 6.

10. Vacation of office. (1) The office of a member of a Local Board (other than the chairman) shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the next triennial election of representatives for appointment as members of Local Boards.

(2) In the case of such a member first elected and appointed to a Local Board constituted after the commencement of this Act, his office shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the triennial election first happening after the constitution of such Local Board.

REGULATION OF SUGAR CANE PRICES ACTS ss.7.12 31

(3) In the case of such a member holding office as such immediately prior to the commencement of this Act, his office shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the triennial election first happening after the commencement of this Act.

(4) Notwithstanding the provisions of section nine of this Act and the foregoing provisions of this section, the office of such a member shall become vacant if he-

(a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or

otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

(c) is absent without leave granted by the Local Board for three consecutive ordinary meetings of the Board of which due notice has been given him;

( d) is convicted of an indictable offence; or of an offence against section one hundred and two of this Act;

(e) is removed from office by the Governor in Council, on the recommendation of the Central Board:

Provided that the attendance of such a member at the time and place appointed for an ordinary meeting shall, for the purposes of this subsection, be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the chairman of the Local Board shall record the name of any such member who so attends.

(5) The Governor in Council may, on the recommendation of the Central Board, at any time remove any member of a Local Board and, in accordance with this Act, appoint another member in his stead.

Notification of such removal shall be published in the Gazette. See notes to s. 6.

11. Filling of vacancies. Where the office of a member of a Local Board (other than the chairman) has become vacant, the cane-growers or the mill-owner, according to whose representative has caused such vacancy, shall, on a date fixed by the Central Board and notified in the Gazette, elect in accordance with this Act a representative to fill such vacancy.

Any representative appointed a member of a Local Board pursuant to this section shall hold office for the unexpired portion of the term of office of the members of that Local Board (other than the chairman):

Provided that if at any time any member of a Local Board (other than the chairman) is from illness, absence or other cause prevented from attending any meeting of that Local Board, or pending the filling by election of any vacancy in the office of such a member, the Governor in Council may appoint some person to act temporarily as a member of the Local Board in his room, and while so acting such person shall have all the powers of and be deemed to be a member of such Local Board.

See notes to s. 6.

12. Quorum, etc., of Local Boards. All the powers and authorities of a Local Board may be exercised at any meeting of such Board at which a majority of the whole number of members is present, and all questions shall be decided by a majority of the members present at the meeting. In the event of the members present being equally divided in opinion

32 SUGAR Vol. 17

with respect to any matter to be determined by such Board, the chairman thereof shall, in addition to his ordinary vote, have a casting vote, and shall exercise with respect to all such matters the powers and authorities of such Board, and shall make the decision of the Board accordingly.

During any vacancy in a Local Board (other than in the office of chairman) the continuing members may act as if no vacancy existed.

See notes to s. 6.

13. Meetings, etc., of Local Boards. Without limiting the provisions of section one hundred and eleven of this Act as to the making of regulations, regulations may be made under this Act providing for the election of members of a Local Board (other than the chairman) and for meetings of Local Boards and proceedings thereat, and the conduct of the business of such Boards and the remuneration of members thereof.

See notes to s. 6.

14. Existing Local Boards. (1) Every Local Sugar Cane Prices Board constituted under the repealed Acts and in existence immediately prior to the commencement of this Act shall be and remain a Local Board for all the purposes of this Act until the Order in Council constituting such Board is rescinded.

(2) The chairman and every other member of every Local Board referred to in subsection (1) of this section, holding office immediately prior to the commencement of this Act, shall be and remain the chairman or a member, as the case may be, of such Board in all respects as if appointed or elected to his respective office under this Act, until his office becomes vacant in accordance with this Act.

See notes to s. 6.

15. Jurisdiction of Local Boards. (1) Subject to sections sixty and sixty-one of this Act a Local Board shall, in each year, with respect to the mill and the lands assigned to that mill, make an award as hereinafter provided.

(2) The award of a Local Board shall be signed by the chairman and forwarded by him to the secretary of the Central Board so that it shall be received by the secretary not later than the fifteenth day of April of the year in question, or such earlier or later date as the Central Board for any special reason may fix; and the secretary shall forthwith publish the award in the Gazette.

(3) The award of a Local Board shall, from a date specified in the award, take effect and have the force of law and, except as otherwise provided by this Act, shall not be in any manner challenged or disputed, and shall be binding upon the owner of the mill and the cane-growers upon the lands to which the award applies (including all mortgagees, licensees, assignees, transferees and other persons having any title to or interest in such mill or lands or the sugar-cane on such lands), and shall remain in force for a period of sixty days from the date of its pUblication in the Gazette and thereafter for such extended period of time (if any) as may be determined by the Central Board in accordance with section sixty-two of this Act:

Provided that, where the Central Board, in accordance with this Act, declares that the award of the Local Board, or such award as varied by the Central Board, is adopted, then the award of the Local Board shall


cease to have force and effect as such on and from the date specified by the Central Board as the date on and from which the adopted award shall take effect.

( 4) If the Order in Council constituting a Local Board is rescinded, the members of that Local Board shall forthwith cease to hold office as such, but the rescission of the Order in Council shall not affect the operation of any award made by that Local Board or by the Central Board exercising, in accordance with this Act, the jurisdiction of that Local Board, and then in force.

See notes to s. 6. As to awards, see ss. 28-30, 52-59, 62, 63, 81, 97-101.

PART III-CENTRAL SUGAR CANE PRICES BOARD

16. Central Board. (1) The Governor in Council may, by Order in Council, constitute a Central Sugar Cane Prices Board for the purposes of this Act.

(2) The Central Board shall consist of five members, namely(i) a Judge of the Supreme Court or of the District Court

or a former Judge of the Supreme Court or of the District Court, who shall also be Chairman.

For this purpose, the Governor in Council may require any Judge of the Supreme Court or of the District Court to act as Chairman, and such Judge shall so act;

(ii) a cane-growers' representative; (iii) a mill-owners' representative; (iv) a qualified sugar chemist; and (v) a person experienced in accountancy and audit.

(3) No member of Parliament and no member of the legal profession (other than the Chairman, being a Judge or a former Judge) shall be qualified to be or act as a member of the Central Board.

(4) The Chairman, being a Judge of the Supreme Court or of the District Court, shall perform the duties of the Chairman without remuneration or emolument other than his salary as such Judge (apart from reasonable travelling expenses).

(5) The office of Chairman, held by a Judge of the Supreme Court, shall be an office cast upon that Judge by law within the meaning of section twelve of "The Supreme Court Acts, 1861 to 1961."

( 6) In case of the illness, inability, or absence of the Chairman, the Governor in Council may require any Judge of the Supreme Court or of the District Court to act temporarily as Chairman, and such Judge shall so act, and whilst so acting shall have all the powers and perform all the duties of the Chairman, during the illness, inability, or absence of the Chairman, and the provisions of subsections (4) and (5) of this section shall apply accordingly.

(7) The cane-growers' representative shall be elected by ballot by the cane-growers in such manner as may be prescribed by the regulations:

Provided that no cane-grower shall be entitled to more than one vote, and no cane-grower shall be entitled to vote unless he is the holder of an assignment with respect to five or more acres of land.

1

34 SUGAR Vol. 17

(8) The mill-owners' representative shall be elected by ballot by the mill-owners in such manner as may be prescribed by the regulations:

Provided that no mill-owner shall be entitled to more than one vote in respect of each mill.

(9) The cane-growers' representative and the mill-owners' representative shall be elected not later than a date to be prescribed by the regulations.

( 10) Where only one person is nominated as the cane-growers' representative or the mill-owners' representative, as the case may be, the person so nominated shall be deemed to be duly elected as such representative without the necessity of a ballot.

( 11) Upon failure by such cane-growers or mill-owners respectively to elect their representative, the Governor in Council shall appoint such representative.

Act referred to: Supreme Court Acts, 1861 to 1965, title SUPREME COURT AND

PRACTICE, p. 489, post. See ss. 17 (existing Local Board), 18 (term of office of members), 19 (term

of office of Chairman), 20 (vacation of office), 21 (vacancies), 22 (quorum), 23 (secretary and officers), 24-27 (powers), 28 (adoption of awards), 29 (rescission or variation of decisions), 31 (powers of Chairman).

As to assignments by the Central Board to a Local Board, see ss. 32-41. The Central Board may recommend the mill peak, s. 42. Generally, as to the regulation of milling and growing, see ss. 42 et seq. As to the taking over of mills by the Central Board, see ss. 46-48. For matters to be taken into account in making awards, see s. 57. As for appeals from the Local Board to the Central Board, see ss. 62, 63. As to representation before the Central Board, see s. 67. As to evidence before the Central Board, see ss. 69, 78, 79. As to proceedings before the Central Board generally, see ss. 67-81. Generally, the Central Board's decisions are final, s. 81. As to easements and permits to use land, see ss. 82 et seq. For powers of members of the Central Board to inspect records, etc., see

s. 103. As to furnishing of returns by mill owners to the Central Board, see s. 168. As to facilitation of proof of certain matters, see s. 109.

17. Existing Central Board. (1) The Central Sugar Cane Prices Board constituted under the repealed Acts and in existence immediately prior to the commencement of this Act shall be and remain the Central Board for all the purposes of this Act.

(2) The Chairman and every other member of the Central Sugar Cane Prices Board referred to in subsection (1) of this section, holding office immediately prior to the commencement of this Act, shall be and remain the Chairman or a member, as the case may be, of the Central Board in all respects as if appointed or elected to his respective office under this Act, until his office becomes vacant in accordance with this Act.

See s. 16 and notes thereto.

18. Term of office of members. Subject to the provlSlons of section twenty of this Act, the term of office of members other than the Chairman shall be three years from the date of their appointment; but nothing herein shall be construed to prevent any member from being at any time re-elected or re-appointed as a member.


The times for the holding of the first triennial election under this Act of members of the Central Board shall be fixed by reference to the last such election held under the repealed Acts.


19. Term of office of Chairman. (1) The term of office of the Chairman being a former Judge of the Supreme Court or of the District Court shall be fifteen years or until he reaches the age of seventy years, whichever is the shorter.

Subject to section twenty of this Act such Chairman shall hold office during good behaviour, and shall not be removed therefrom unless an address praying for such removal shall be presented to the Governor by the Legislative Assembly, and, subject as aforesaid, the terms and conditions of his appointment shall constitute a contract of service:

Provided that at any time when Parliament is not sitting the Governor in Council may suspend such Chairman from his office for inability or misbehaviour, in which case a statement of the cause of suspension shall be laid before the Legislative Assembly within sev~n days after the commencement of the next session thereof.

If an address shall during that session be presented to the Governor by the Legislative Assembly praying for the restoration of such suspended Chairman to his office, he shall be restored accordingly; but if no such address shall be presented the Governor in Council may confirm such suspension, and declare the office of the Chairman to be vacant, and the same shall be vacant accordingly.

(2) The Chairman, being a Judge of the Supreme Court or of the District Court, shall hold office during the pleasure of the Crown.


20. Vacation of office. (1) Notwithstanding any other provision of this Act, the Chairman, being a former Judge of the Supreme Court or of the District Court, shall be deemed to have vacated his office, if he engages, during his term of office, in any employment outside the duties of his office except with the prior approval of the Governor in Council.

(2) The office of Chairman (held by a person being a former Judge of the Supreme Court or of the District Court) and of any member other than the Chairman shall become vacant if he-

(a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or

otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

(c) is absent without leave granted by the Central Board from three consecutive ordinary meetings of the Board of which due notice has been given him;

(d) is convicted of an indictable offence, or of an offence against section one hundred and two of this Act:

Provided that the attendance of such Chairman or any other member of the Central Board at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall record the name of such Chairman and any other member who so attends.

36 SUGAR Vol. 17

(3) The office of a member of the Central Board (other than the Chairman) shall become vacant if he is removed from office by the Governor in Council.

The Governor in Council may at any time remove any such member for inability or misbehaviour.

Notification of such removal shall be published in the Gazette. See s. 16 and notes thereto.

21. Filling of vacancies. ( 1 ) In the event of a vacancy arising from any cause in the office of a member of the Central Board (other than the Chairman), such vacancy shall be filled by the election, if the case so requires, of a cane-growers' or a mill-owners' representative, or in other cases by the appointment by the Governor in Council of some person qualified as provided by this Act, to hold office during the remainder of the three years' term of office; and upon failure by such cane-growers or mill-owners, as the case may require, to elect their representative, the Governor in Council shall appoint such representative.

(2) If at any time any member of the Central Board (other than the Chairman) is from illness, inability, absence, or other cause prevented from attending any meeting of the Board, or pending the filling by election of any vacancy in the office of such member, the Governor in Council may appoint some person to act temporarily as a member in his room, and while so acting such person shall have all the powers and authorities of and be deemed to be a member of the Central Board.

During any vacancy in the Central Board (other than in the office of the Chairman) the continuing members may act as if no vacancy existed.


22. Quorum, etc., of Central Board. ( 1) At any meeting of the Central Board three members shall form a quorum if the Chairman is present, or, in his absence, if three members (being the persons designated in paragraphs (ii) and (iii) of subsection (2) of section sixteen of this Act, and one of the persons designated in paragraphs (iv) and (v) of that subsection) are present they shall form a quorum; and all the powers and authorities of the Board shall be exercisable at any such meeting at which a quorum is present, and all questions shall be decided by a majority of the members present:

Provided that-(a) where four members are present at a meeting, and the

Chairman is one of them, in the event of the vote being equal, the Chairman shall, in addition to his ordinary vote, have a casting vote, but no other member acting at any meeting as Chairman, unless appointed by the Governor in Council so to act in accordance with this Act, shall have a casting vote;

(b) with respect to the making, variation or rescission of an award, and the hearing and determination of any appeal or application provided for in Division IV of Part IV of this Act, only the Chairman and those members designated in paragraphs (ii) and (iii) of subsection (2) of section

REGULATION OF SUGAR CANE PRICES ACTS ss.20-24A 37

sixteen of this Act shall have the right to vote, and the other members shall have advisory and consultative powers only;

(C) the powers and authorities of the Central Board under sections thirty-seven to thirty-nine, both inclusive, of this Act shall not be exercised unless the Chairman presides at the meeting of the Board.

(2) Without limiting the provisions of section one hundred and eleven of this Act as to the making of regulations, regulations may be made under this Act providing for the election of members of the Central Board (other than the Chairman) and for meetings of the Central Board and proceedings thereat, and the conduct of the business of the Central Board.


23. Secretary and officers of Central Board. ( 1 ) The Governor in Council may, from time to time, appoint a secretary of the Central Board and such other officers as may be deemed necessary for the purposes of this Act.

(2) The persons appointed respectively as secretary of the Central Sugar Cane Prices Board and officers under the repealed Acts, and holding their respective offices immediately prior to the commencement of this Act, shall, without further or other appointment, be deemed appointed to their respective offices pursuant to and for the purposes of this Act.


24. Powers, etc., of Central Board. The Central Board shall, with respect to matters within its jurisdiction, have full power and authority from time to time to make all such orders and give all such directions a. in its opinion are necessary or expedient for carrying into executiethe objects and intentions of this Act and all such orders and directions shall be observed.

Any person who contravenes or fails to comply with any such order or direction shall be guilty of an offence against this Act.

The term "person" in this section includes any body or association of persons, whether corporate or unincorporate.

See s. 16 and notes thereto. As to "necessary or expedient for carrying into execution the objects and

intentions" of the Act, see R. v. Townley; Ex parte Row, [1970] Qd. R. 117.

24A. Powers of Central Board in respect of mechanically harvested sugar-cane. ( 1 ) In addition to the powers, authorities and jurisdiction conferred upon it by the provisions other than this section of this Act, the Central Board may, upon the application of any cane-grower or mill-owner, make an order requiring, upon such terms and provisions as the said Board deeming just specifies in the order ,-

(a) that sugar-cane delivered by the cane-grower who makes the application to the sugar-mill to which his land is assigned or, in the case of an application by a mill-owner, that sugar-cane delivered by any cane-grower named in the application (being a cane-grower whose land is assigned to the mill) to his sugar-mill shall be so delivered in a mechanically harvested chopped up state; and

38 SUGAR Vol. 17

(b) that the owner of the sugar-mill in respect whereof or, as the case may be, by whom the application is made shall from time to time and at all times supply such and so many bins or other containers as, being in the opinion of the Central Board suitable, are necessary to enable all mechanically harvested chopped up sugar-cane to be duly transported from the point of delivery to the sugar-mill in question.

(2) An order under this section may be made in relation to a season or two or more seasons, or it may be made without reference to a season or seasons in which event it shall, subject to subsection (3) of this section continue in force without limit of time.

(3) Upon the application of the mill-owner or any cane-grower affected by an order under this section the Central Board may, subject to this subsection make a further order revoking, varying or otherwise modifying such first-mentioned order.

The Central Board may make such further order upon such terms and conditions as deeming just it specifies therein.

A further order under this subsection shall not be made in relation to any season unless-

(a) the mill-owner and every cane-grower who will be affected thereby consent thereto; or

(b) the application therefor was made before the last day of the next preceding year.

Further orders under this subsection may be made from time to time.

Upon variation or modification as prescribed by this subsection the order in question as varied or modified shall become and be for the time being the order under subsection (1) of this section.

( 4) A mill-owner or cane-grower who contravenes or fails to comply in any respect with any order under this section shall be guilty of an offence against this Act and liable to a penalty not exceeding two hundred dollars and if such contravention or failure occurs on successive days he shall in addition be liable to a penalty not exceeding fifty dollars for each day on which such contravention or failure recurs.

(5) A Local Board in making any award shall not determine any matter in respect of which the Central Board has power to make an order pursuant to this section.

Inserted by Act of 1966, No. 19, s. 2. See s. 16 and notes thereto.

25. Additional powers, etc., of Central Board. The Central Board, for the purposes of this Act, and in addition to the powers, authorities and jurisdiction conferred upon it by this Act, shall have and may exercise wch other powers, authorities and jurisdiction as may from time to time be declared by the Governor in Council by Order in Council.


26. Powers, etc., of Central Board in matters submitted by Minister. t'ubject to this Act, the Central Board shall have jurisdiction over ill matters arising under this Act which are submitted to it by the Minister as proper to be dealt with by such Board in the public interest, whether or not a Local Board has been constituted in respect

REGULATION OF SUGAR CANE PRICES ACTS ss. 24A-28 39

of such matters, and the Central Board in the exercise of such jurisdiction shall have full power and authority to decide all such matters, and may make such awards and orders as it thinks proper.

The Local Board (if any) shall in such case cease to exercise its functions or have jurisdiction with respect to any matter so submitted as aforesaid to the Central Board, except to such extent as the Central Board otherwise orders.


27. Central Board may act as Local Board. ( 1 ) The Central Board shall have and may exercise all the powers, authorities and jurisdiction of a Local Board where-

(a) no Local Board is constituted for any mill or where the constitution or appointment of a Local Board is, for any reason, invalid;

(b) the Local Board concerned or the chairman thereof has failed to comply with the provisions of subsection (1) or (2) of section fifteen of this Act;

(c) the Minister has submitted to the Central Board that a Local Board has been guilty of wilful or unnecessary delay in making an award or a decision with respect to any matter within the jurisdiction of the Local Board, and the Central Board, after due inquiry, is satisfied that the Local Board has been guilty of such delay as aforesaid.

(2) Where the Central Board acts pursuant to subsection (1) of this section, it shall have all the powers, authorities and jurisdiction of the Local Board concerned or, in any case referred to in paragraph (a) of that subsection, of a Local Board properly constituted with respect to the mill concerned, and shall conduct its hearings in accordance with the procedure specified for Local Boards by or under this Act, and shall make an award in accordance with section fifteen of this Act.

Such award shall be deemed to be the award of and to have been made by the Local Board concerned or, in any case referred to in paragraph (a) of subsection ( 1 ) of this section, of a Local Board properly constituted with respect to the mill concerned, though no such Board may have been properly constituted.

The Local Board concerned (if any) shall in such case cease to exercise its powers, authorities and jurisdiction except to such extent as the Central Board otherwise orders.

As to Local Boards, see s. 6 and notes thereto. As to Central Boards, see s. 55. See also s. 16 and notes thereto.

28. Adoption of awards of Local Boards. ( 1 ) Unless within twenty-one days after the date of publication in the Gazette of an award of a Local Board, a notice of appeal against such award or any part thereof, or an application for leave to appeal against that part of such award which represents the farm peak determined in respect of the assignment of the applicant, has, in accordance with this Act, been filed with the secretary of the Central Board, the Central Board shall declare that award to be adopted and shall specify a date on and from which such adopted award shall take effect.

40 SUGAR Vol.!7

Notification of such adoption and of the date so specified shall be published in the Gazette.

(2) An award adopted by the Central Board in accordance with subsection ( 1 ) of this section shall, on and from the date specified by the Central Board, be binding upon the same persons and of the same force and effect as the award of the Local Board.

Such adopted award shall continue in force until a new award is made or by this Act is deemed to have been made by the Local Board, or by a Local Board properly constituted with respect to the mill concerned, and, where the Central Board so orders (and it is hereby empowered, wherever it deems desirable, so to order), thereafter, but limited to the season with respect to which it was made, until all matters necessary to be dealt with by or under the authority of such award have been concluded.

As to Local Boards, see s. 6 and notes thereto. As to Central Boards, see s. 16 and notes thereto.

29. Central Board may rescind or vary decisions, etc. The Central Board may-

(a) at any time rescind, or at any time and from time to time vary, any approval, decision, declaration, determination, direction, order, or recommendation made by it;

(b) at any time and from time to time vary any award or farm peak:

Provided that no approval, decision, declaration, determination, direction, order, recommendation, award, or farm peak shall be re-opened or varied by the Central Board except in accordance with a specific provision of this Act or, in the absence of any such provision, upon the application of a mill-owner or a cane-grower claiming to be affected or aggrieved thereby.

See also s. 16 and notes thereto.

30. Retrospectivity of awards, etc. Any award of a Local Board and any determination of a farm peak by a Local Board may, if the Local Board so determines, and any award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board, and any variation of any such award, adopted award, approval, decision, declaration, determination, direction, or order, and any determination of a farm peak and any variation thereof by the Central Board may, if the Central Board so determines, be made to take effect retrospectively so as to cover the whole sugar season with respect to which such award of a Local Board, such determination of a farm peak by the Local Board, such award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board, or such variation, or such determination of a farm peak or variation thereof by the Central Board, as the case may be, is made.

As to the Central Board, see s. 16 and notes thereto. As to Local Boards, see s. 6 and notes thereto.

31. Powers, etc., of Chairman. Subject to this Act the Chairman of the Central Board shall have all the powers, authorities and jurisdiction of a Judge of the Supreme Court in and with respect to the exercise by him of all or any of his powers, authorities and jurisdiction under this Act.

As to the Central Board, see s. 16 and notes thereto.


PART IV-REGULATION OF SUGAR CANE PRICES

DIVISION I-ASSIGNMENTS

32. Assignments. ( 1 ) Where a Local Board has been constituted under section six of this Act with respect to a mill, the Central Board shall have exclusive jurisdiction to assign lands to that mill, and may, at any time, and from time to time-

(i) alter any such assignment by adding further lands thereto or removing any lands therefrom;

(ii) cancel any such assignment; (iii) assign to the mill, in substitution, wholly or partly, for

any lands so assigned, any other lands.

(2) The Central Board may at any time and from time to time declare that lands assigned under this section to any mill shall remain so assigned for such period and on such conditions as the Central Board thinks fit, and thereupon such lands shall remain so assigned to that mill for the period and on the conditions so declared.

(3) The Central Board may from time to time cause to be published in the Gazette a description of the lands assigned to a mill.

As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto. As to the obligation of cane-growers to sell their cane to the mill to which

their lands are assigned, see also s. 49, post, and Stevens v. Colonial Sugar Refining Co. Ltd. (1920), 28 C.L.R. 330.

As to a covenant that land contracted to be sold has a certain assignment for growing cane and harvest where that assignment is subsequently reduced, see Toogood v. Anderson, [1938] Q.W.N. 41.

33. Re-zoning of assigned lands. Where lands are assigned under this Act to a mill, the Central Board may, where it considers it just and proper so to do, and either of its own motion or upon application made to it in that behalf, re-zone such assigned lands by assigning those lands to some other mill.

The Central Board may take into consideration any advantage by way of increased price for sugar-cane or otherwise which may be expected to accrue to any cane-grower concerned.


34. Mill-owner may enter upon assigned lands. (1) For the purposes of defining or delineating the boundaries of any lands contained in an assignment, or of ascertaining whether sugar-cane delivered or to be delivered to a mill has been or will be harvested from land within the boundaries of the lands contained in an assignment or from within the net area with respect to that assignment as provided for in section forty-one of this Act, or of estimating yields of sugar-cane, the owner of the mill to which any lands are assigned may by his employees, servants, or agents, at any reasonable time, enter upon the lands of any canegrower and make such surveys, measurements, observations and estimates as may reasonably be necessary for the aforementioned purposes.

The cane-grower concerned shall provide all reasonable facilities to assist such mill-owner in the exercise of his powers under this section.

42 SUGAR Vol. 17

Any cane-grower who hinders or obstructs any mill-owner or any employee, servant, or agent of a mill-owner in the exercise of his powers under this section shall be guilty of an offence against this Act.

(2) A plan of an assignment prepared by or for the mill-owner in accordance with any directions issued by the Central Board and acknowledged by the cane-grower by his signature to be correct within the limits of his knowledge shall be prima facie evidence of the boundaries of the lands contained in that assignment.

35. Cane-grower may prepare plan of assignment. ( 1) Any cane-grower who is not satisfied that a plan of his assignment submitted to him for acknowledgement under section thirty-four of this Act correctly defines his assignment may procure and submit to the Central Board a plan drawn up by an authorised surveyor in accordance with any directions issued by the Central Board and purporting to define the boundaries of the lands contained in the assignment.

The Central Board, if satisfied that such lastmentioned plan correctly defines the boundaries of the lands contained in the assignment shall certify to that effect.

Where the Central Board is not so satisfied it may, in its discretion, either reject the plan or make such amendment thereof as it deems fit and, in the latter case, may certify such amended plan.

The certification of the Central Board shall be under the hand of the secretary.

(2) Every plan (including every amended plan) certified by the Central Board under this section shall be filed by the secretary in the office of the Central Board, and may be produced by the secretary in any proceeding.

(3) Where any question has arisen or shall arise as to the area or boundaries of lands contained in an assignment, a plan (including an amended plan) certified by the Central Board under subsection (I) of this section shall be final and conclusive and shall be binding on all courts, Boards and persons, including any body or association of persons, whether corporate or unincorporate, and shall not be subject to appeal or in any way called in question in any court on any account whatsoever.

36. Central Board to construe plans of assignments. The Central Board shall have exclusive jurisdiction to construe and interpret any plan (including any amended plan) certified by the Central Board under section thirty-five of this Act, and any such construction and interpretation may be given by the Central Board, either of its own motion or upon application made to it in that behalf.


37. Central Board to approve transfer, etc., of assignments. Notwithstanding anything in this Act, and without in any wise limiting the provisions of sections thirty-two and thirty-three of this Act, an assignment shall lapse if the cane-grower holding that assignment sells, leases. sub-leases, lets or otherwise transfers or disposes of the lands contained in that assignment or any part thereof unless such cane-grower has obtained the prior approval in writing of the Central Board to such sale, lease, sub-lease, letting, transfer or disposition, as the case may be, in which case the assignment of such lands or such part thereof

REGULATION OF SUGAR CANE PIUCES ACTS &s.34-40 43

shall be deemed to be transferred to the person to whom such sale, lease, sub-lease, letting, transfer or disposition, as the case may be, has been made.

The approval of the Central Board shall be granted unless the Central Board is satisfied that the price or terms or conditions of such sale, lease, sub-lease, letting, transfer, or disposition, as the case may be, are unfair or unreasonable, or that the person to whom such sale, lease, sub-lease, letting, transfer, or disposition, as the case may be, is desired is not a fit and proper person to hold an assignment:

Provided that, where the cane-grower has, without the prior approval in writing of the Central Board as aforesaid, sold, leased, sub-leased, let, or otherwise transferred or disposed of, part only of the lands contained in his assignment, his assignment shall lapse only with respect to that part of the lands contained in his assignment so sold, leased, sub-leased, let, transferred or disposed of, as the case may be, and his assignment shall be deemed to be altered accordingly.

In this section the term "person" includes any body or association of persons, whether corporate or unincorporate.


38. Reversion of transferred assignment. Where land assigned to any mill has been leased, whether before or after the commencement of this Act, and the terms and conditions of such lease have been approved either under the repealed Acts or under this Act, the assignment of the lands so leased shall at the termination of such lease, revert to the lessor, unless the Central Board otherwise directs:

Provided that where such assignment has, subsequent to the date of grant of such lease, been altered by the Central Sugar Cane Prices Board under the repealed Acts, or by the Central Board under this Act, the assignment as so altered shall be the assignment which so reverts to the lessor.

The term "lease" in this section includes a sub-lease and a letting and the term "lessor" shall be construed accordingly.

As to the Central Board, see also s. 16 and notes thereto.

39. Rescission of transfer of assignment. Where the terms and conditions of a sale, lease, sub-lease, letting, or other transfer or disposition of assigned lands have been approved, either by the Central Sugar Cane Prices Board under the repealed Acts, or by the Central Board under this Act, and in the obtaining of such approval any misrepresentation was made or any false information was given, the Central Board may, in its discretion, rescind such approval and the transfer of such assignment, and all such consequences shall then follow as if that sale, lease, sub-lease, letting, transfer, or disposition had been made after the commencement of this Act and without the prior approval of the Central Board.


40. Misrepresentations on transfer of assignment. Any person who knowingly makes any misrepresentation or knowingly gives any false information to the Central Board for the purpose of obtaining the approval of the Central Board to any sale, lease, sub-lease, letting, or other transfer or disposition of assigned lands, shall be guilty of an offence against this Act.


44 SUGAR Vol. 17

41. Net area of assignments. (1) In respect of each and every assignment the Central Board shall determine a net area.

(2) The maximum area of land within the defined boundaries of the lands contained in an assignment from which sugar-cane may be harvested for delivery to a mill in any season or seasons shall be the net area of the assignment.

(3) The Central Board may at any time and from time to time vary the net area of any assignment with respect to any annual harvest.


DIVISION II-REGULATION OF MILLING AND GROWINO

42. Central Board may recommend mill peak. ( 1 ) Any owner of a mill referred to in the Appendix to the Schedule of a Proclamation made during the year one thousand nine hundred and thirty-nine or during any year thereafter under "The Sugar Acquisition Act of 1915" declaring and directing the prices of raw sugar the produce of the crop of sugarcane of the season occurring in the year during which such Proclamation is made, manufactured in that year or to be manufactured in that and the next succeeding year and acquired under such lastmentioned Act, or any fifty or more cane-growers supplying sugar-cane to that mill, or, subject to section sixty-six of this Act, the Mill suppliers' committee constituted in respect of that mill, or the Queensland Cane Growers' Council, may apply to the Central Board for a recommendation as to what quantity of sugar should, in the opinion of the Central Board, be specified with respect to that mill in the corresponding Appendix to the Schedule of any similar Proclamation to be made with respect to the next succeeding year.

(2) The Central Board shall not grant an application under subsection ( 1 ) of this section unless the applicant proves that the quantity of sugar so specified with respect to the mill in relation to which the application is made is not, having regard to any change in circumstances which may have occurred, in conformity with the principles expressed in or deducible from the Terms of Reference of the Royal Commission dated the fifteenth day of December, one thousand nine hundred and thirty-eight, and published in the Gazette of the same date, and the Majority Report thereunder, within the limit of those terms, but including the following principles, namely:-

(i) the total tonnage to be allotted should provide for Australian consumption and the filling of the export quota under any agreement or arrangement for the time being in force;

(ii) this tonnage should be allotted in such a way as to provide for the distribution of settlement along the coastal areas suitable for sugar-cane growing;

(iii) the allocation should recognise to a reasonable extent increased efficiency and new circumstances such as the introduction of irrigation and improved sugar-cane varieties, and should also take into consideration to a reasonable extent the financial returns per acre and per farmer in the different districts;

(iv) provision for the utmost employment of labour economically possible under fair and reasonable wages and conditions.

REGULATION OF SUGAR CANE PRICES ACTS 8'1.41-44 45

(3) If the Central Board grants the application it shall recommend to the Minister what quantity of sugar should, in its opinion, be specified with respect to the mill to which the application relates in the corresponding Appendix to the Schedule of any similar Proclamation to be made with respect to the next succeeding year, and in addition shall recommend what modifications (if any) should, in its opinion, be made in the quantity or respective quantities of sugar to be specified with respect to any other mill or mills in such corresponding Appendix.

The Minister shall refer such recommendation to the Governor in Council, who may give such effect thereto as he shall think fit in making any Proclamation with respect to the next succeeding year.

No recommendation made by the Central Board under this section shall prejudice or in anywise affect any Proclamation made under "The Sugar Acquisition Act of 1915" before the making of such recommendation.

Act referred to: Sugar Acquisition Act of 1915, p. 81, post.


43. Mills to crush sufficient sngar-cane for market reqnirements. Where in any year the quantity of sugar acquired by virtue of a Proclamation or Proclamations under "The Sugar Acquisition Act of 1915" (save such sugar as is so acquired at a price or prices the rate or rates whereof are prescribed by such Proclamation or Proclamations to be a nominal or penalty sum or sums) exceeds, with respect to a mill specified in the Schedule of a Proclamation referred to in section fortytwo of this Act, that quantity set opposite the name of such mill in such Schedule, the Local Board concerned, in the making of an award with respect to that mill, or the Central Board in the making, adopting, or varying of an award with respect to that mill or of its own motion at any time prior to the termination of the crushing season in that year, may determine the additional quantities of sugar-cane required to manufacture such excess quantity of sugar, which shall be taken delivery of, crushed and paid for by the owner of that mill from those canegrowers respectively who have for supply from within their respective net areas of lands assigned to that mill sugar-cane in excess of their individual farm peaks, and such determinations shall be included in and form part of the award of the Local Board, or of the Central Board, as the case may be, with respect to that mill.

Act referred to: Sugar Acquisition Act of 1915, p. 81, post.


44. Variation of determinations. ( 1 ) Where a Local Board or the Central Board has made determinations under section forty-three of this Act, at any time during the crushing season with respect to which such determinations were made, the owner of a mill affected thereby, or any twenty or more cane-growers whose lands are assigned to that mill, or, subject to section sixty-six of this Act, the Mill suppliers' committee constituted for that mill, may apply to the Central Board for a variation of any such determinations, and the Central Board may vary any or all of such determinations if satisfied, upon consideration of all relevant circumstances, that such variation is fair and just.

(2) At any time not later than twenty-one days after the termination of the crushing season with respect to which any determinations were made under section forty-three of this Act, an application may, as respects

46 SUGAR Vol. 17

any sugar-cane taken delivery of and crushed pursuant to any such determinations, be made to the Central Board by the mill-owner, canegrowers, or Mill suppliers' committee referred to in subsection (1) of this section, for a deduction from or addition to the base price or prices of sugar-cane fixed by the relevant award, but the Central Board shall not make any such deduction or addition unless it is satisfied that by reason only of the quantity of such sugar-cane in the crushing season in question the overall economy of the owner of the mill concerned or of the cane-growers whose lands are assigned to that mill is adversely affected.

Subject to being so satisfied the Central Board may make such deduction or addition as it deems fair and just and in so doing may take into account any factors deemed by it to be relevant.

(3) The Central Board may, if it deems it fair and just, order that any deduction or addition referred to in subsection (2) of this section shall be borne by or paid to the cane-growers supplying all or part of the sugar-cane referred to in that subsection.

(4) For the purposes of subsection (2) of this section the overall economy of the owner of the mill concerned or of the cane-growers whose lands are assigned to that mill shall be deemed to be adversely affected when in the opinion of the Central Board the relativity of the overall economy of that mill-owner, on the one hand, and of those cane-growers, on the other hand, has been changed by reason only of the mill-owner being required to crush sugar-cane pursuant to section forty-three of this Act, and has been so changed to such an extent that it is fair and just to make a deduction from or addition to the base price or prices of all or part of that sugar-cane.


45. Exemption from obligation of milling, etc. The Central Board, if satisfied, having regard to all relevant circumstances, that it is just and reasonable so to do, may exempt, for such period and on such terms and conditions as it thinks fit, an owner of a mill from the obligation of carrying on the business of manufacturing sugar from sugar-cane grown on lands assigned to that mill, or from maintaining that mill in a proper and reasonable manner for such purpose, or from preparing for or commencing or carrying on crushing operations during any season or any part thereof.

Every application for exemption under this section shall be made to the Central Board on or before the thirtieth day of September next preceding the season in question or such later date as the Central Board may allow.

46. Failure to mill, etc. Where the Central Board is satisfied, upon an application in that behalf by any cane-grower or cane-growers, that the owner of a mill, not thereunto authorised by an exemption granted under section forty-five of this Act, has failed for any reason whatsoever to carry on the business of manufacturing sugar from sugar-cane grown on lands assigned to the mill, or to maintain the mill in a reasonable and proper manner for such purpose or to commence crushing or to take delivery of sugar-cane, or to crush such sugar-cane, or to prepare for or carry on crushing operations in a reasonable and proper manner, then the Central Board may so declare.

REGULATION Of' SUGAR CANE PRICES ACTS ss.44-47 47

Any such declaration shall be notified in the Gazette. As to the Central Board, see also s. 16 and notes thereto.

47. Take over of mill. (1) Where the Central Board has made a declaration under section forty-six of this Act the Minister may appoint some person (in this Act referred to as the "Administrator") to administer the affairs of the mill, whereupon the following consequences may ensue, that is to say:-

(i) the Administrator, by his officers, servants, agents and workmen, may enter upon and take possession of the mill in question and all works, lands, buildings, plant, tramways, machinery, equipment, goods and chattels whatsoever used, occupied or held by or on behalf of the owner of that mill for the purposes of or in connection with the business of that mill.

The owner of the mill and all his agents, managers, attorneys, servants and workmen shall, without any delay, hindrance, obstruction, claim, demand, or objection whatsoever, give and deliver peaceful possession of such property to the Administrator;

(ii) the Administrator, by his officers, servants, agents and workmen, may put and maintain such property in working order;

(iii) the Administrator by his officers, servants, agents and workmen, may carry on the business of the mill to the same extent and with the same powers and authorities as if the mill and all such property aforesaid were vested in him as the absolute owner thereof and, if he does so carryon the business of the mill, may conform to and carry into execution the relevant award, and for that purpose may use and employ all the property of the mill-owner hereinbefore mentioned;

(iv) notwithstanding anything in this Act, the authority vested in the Administrator by this section shall extend to authorise the Administrator to take possession of, work, use and consume such tramways, equipment, stores and goods, or any other part of the property of the owner of the mill for the purpose of removing the whole or any part of the sugar-cane grown on lands assigned to that mill to any other mill for crushing at such other mill;

(v) all the property referred to in this section may, without any warrant other than this Act, be seized and taken possession of for the purposes of this Act by any person authorised in writing in that behalf by the Administrator; and such person, with such assistance as he may deem fit, may for any such purpose enter any place at any time, and use any force which may reasonably be necessary.

Any person who hinders or obstructs any officer, servant, agent or workman of the Administrator, or any person authorised in writing by the Administrator under paragraph (v) of this section, or any person assisting such authorised person, in the exercise of any of his powers or authorities under this section shall be guilty of an offence against this Act.

48 SUGAR Vol. 17

(2) All property taken and used under this section shall be taken and used on just terms, and the owner of such property shall be entitled to be paid such reasonable amount as may be necessary to compensate such owner for any loss or damage suffered thereby.

In computing such compensation due allowance shall be made for any loss or injury due to disturbance of any business of such owner, whether carried on in Queensland or elsewhere, or to severance of any property.

The amount of such compensation shall be determined by the Central Board.

(3) Any party dissatisfied with the determination of the Central Board may, within twenty-one days thereafter, appeal to the Full Court of the Supreme Court of Queensland.

Such appeal shall be by way of re-hearing and the decision of the Full Court shall be final and conclusive.

The costs of any such appeal shall be in the discretion of the Full Court.

( 4) Where the Administrator carries on the business of a mill pursuant to this section, he shall cause to be kept an account of all income and expenditure of and in connection with such mill or other property of the mill-owner while he remains in possession of such mill or other property, and shall cause the same to be audited from time to time by the Auditor-General.

In such account the expenditure shall include all expenses incurred by the Administrator of and in connection with the taking possession, the putting and maintaining in order, and the working of the mill or any part of the property of the mill-owner, and of keeping the said account and of the audit thereof.

(5) As soon as may be after the termination of the crushing season the Auditor-General shall, by a certificate published in the Gazette, certify and declare the state of the said account and the amount of the profit or loss, as the case may be.

Such certificate shall be conclusive evidence of the facts therein certified and declared.

Where the Auditor-General certifies that there is a profit, the Administrator shall pay the amount thereof to the mill-owner.


48. Liability of mill-owner not affected unless Central Board so certifies. No declaration of the Central Board under section forty-six of this Act and no action purporting to have been taken under section forty-seven of this Act by the Minister, the Administrator, or by any officer, servant, agent, or workman of the Administrator, or by any person authorised in writing by the Administrator shall relieve the mill-owner from liability for any penalty or damages in any civil or other proceedings whether for an offence against this Act or breach of an award or otherwise howsoever to which he would be liable by reason of any failure referred to in section forty-six of this Act, unless the Central Board is satisfied that the mill-owner had reasonable excuse for such failure and, being so satisfied, has, upon application made in that behalf by the mill-owner, certified to that effect.



49. Obligation of cane-grower disposing of sugar-cane grown on assigned lands. Sugar-cane grown by a cane-grower on lands contained in his assignment shall not be disposed of otherwise than for plants or by delivery in accordance with the relevant award to the mill to whic.h the land is assigned except in the following circumstances, that IS

to say:-(a) where the sugar-cane is diseased sugar-cane within the

meaning of sections thirteen, fourteen, fifteen, or eighteen of "The Sugar Experiment Stations Acts, 1900 to 1959"; or

(b) where the sugar-cane, by reason of physical damage, damage by pests or disease, low content of cane sugar, or other defect is reasonably considered by the cane-grower to be unfit for harvest for delivery to a mill;

or, with respect to sugar-cane other than sugar-cane to which paragraph (a) or (b) of this section applies-

(c) where that cane-grower has already had accepted at a mill or mills that quantity of sugar-cane representing his farm peak, or that quantity of sugar-cane harvested from the net area of his assignment, whichever is the lesser quantity; and the sugar-cane accordingly is, or is estimated by the millowner to be, surplus to such lesser quantity; or

(d) where the sugar-cane has been damaged by frost, flood, fire, wind, or like agency; in which case the cane-grower concerned shall, subject to the approval of the Central Board, and subject to paragraph (c) hereof, be at liberty to deliver such damaged sugar-cane to any mill which is then crushing, whether the lands of such cane-grower are assigned to that mill or not, and the Central Board on granting such approval may grant the same subject to such conditions as it deems just and reasonable in the circumstances; or

(e) subject to paragraph (c) hereof, where the cane-grower has obtained the written permission of the owner of the mill to which his land is assigned to deliver sugar-cane to another mill, and the owner of that other mill agrees to accept such sugar-cane; or

(f) where the crop of sugar-cane concerned is estimated by the mill-owner to yield less than eight tons of sugar-cane per acre; or

(g) where the owner of the mill has been exempted under section forty-five of this Act from the obligation of carrying on the business of manufacturing sugar, and the business of that mill is not being carried on by an Administrator pursuant to section forty-seven of this Act.

Any cane-grower who disposes of sugar-cane otherwise than in accordance with the provisions of this section shall be guilty of an offence against this Act.

Act referred to:

Sugar Experiment Stations Acts, 1900 to 1965, p. 89, post.


50 SUGAR Vol. 17

50. Obligation of mill-owner to accept sugar-cane grown on assigned lands. Sugar-cane grown on lands assigned to a mill and delivered to that mill in accordance with the relevant award shall be accepted by the mill-owner and paid for in accordance with the award except in the following circumstances, that is to say:-

(a) where the sugar-cane is diseased sugar-cane within the meaning of sections thirteen, fourteen, fifteen, or eighteen of "The Sugar Experiment Stations Acts, 1900 to 1959"; or

(b) where the sugar-cane contains less than seven per centum of commercial cane sugar; in which case the burden of proof that such sugar-cane contains less than seven per centum of commercial cane sugar shall be on the mill-owner; or

(c) where the quality or condition of the sugar-cane is such that the mill-owner is entitled under the relevant award to defer or refuse acceptance of such sugar-cane; or

(d) where the cane-grower has already had accepted at a mill or mills that quantity of sugar-cane representing his farm peak together with the additional quantity of sugar-cane (if any) determined in his case under section forty-three of this Act; or that quantity of sugar-cane harvested from the net area of his assignment, whichever is the lesser quantity; or

(e) where the mill-owner has been exempted under section fortyfive of this Act from the obligation of carrying on the business of manufacturing sugar.

Any mill-owner who fails to comply with the provisions of this section shall be guilty of an offence against this Act.

Act referred to: Sugar Expe'fiment Stations Acts, 1900 to 1965, p. 89, post.

51. Delivery and acceptance of sugar-cane. For the purposes of this Act-

(a)

(b)

any delivery or tender of delivery of sugar-cane in accordance with the relevant award by a cane-grower or his agent at the point of delivery specified in the award or agreed upon in accordance with the award shall be deemed to be delivery of that sugar-cane to the mill concerned; acceptance of sugar-cane by a mill-owner shall comprise the handling of sugar-cane from the point of delivery afore-mentioned to the mill, the crushing thereof, and the acceptance of liability for payment therefor in accordance with the relevant award, but no action taken with respect to any sugar-cane prior to a determination by the mill-owner that such sugar-cane is or is not acceptable in accordance with section fifty of this Act shall be deemed to constitute acceptance of such sugar-cane.

52. Award to fix commencement of crushing. Every award shall fix a date on and after which the mill-owner concerned shall take delivery of and crush sugar-cane.

53. Award to provide for termination of crushing. Without prejudice to the right of a mill-owner to apply for and be granted exemption from the obligation of carrying on the business of sugar manufacture as


provided for in section forty-five of this Act, every award shall contain provisions for the termination of crushing operations for the season, including the provision that when the rate of supply of sugar-cane to the mill falls below a specified limit the mill-owner shall have the right to cease crushing operations.

54. Disputes tribunaL ( 1) An award may provide for the setting up of a tribunal of one or more persons, but not exceeding five persons, to hear and determine disputes between or amongst parties bound by the award.

A member of a Local Board may be a member of such tribunal.

(2) Subject as hereinafter provided, such tribunal shall have jurisdiction over all matters committed to it by the award:

Provided that an award shall not confer upon such a tribunal jurisdiction to determine any matter the jurisdiction to determine which is by this Act vested in the Central Board or a court.

(3) The decision of any such tribunal upon a dispute shall, except as hereinafter provided, be final and conclusive and binding upon the parties to the dispute, and may be enforced according to its tenor by action or suit in any court of competent jurisdiction:

Provided that any party to the dispute who is aggrieved by the decision of such tribunal may appeal in all respects as if that decision were a decision of a stipendiary magistrate upon proceedings for an offence against this Act or for a breach of an award as referred to in subsection (1) of section ninety-nine of this Act.


55. Separate farm peak for each assignment. ( 1) In making an award, a Local Board, or the Central Board exercising under section twentyseven of this Act the powers, authorities and jurisdiction of a Local Board, shall, in the absence of an agreement under section sixty-one of this Act, determine in respect of each and every separate assignment a farm peak.

(2) The farm peak may be so determined upon such basis as may be prescribed (which basis may differ in respect of different mill areas), or, in so far as is not prescribed, upon the basis of the tonnage of sugar-cane to be harvested, or the tonnage of sugar to be manufactured from sugar-cane harvested, or the area of land from which sugar-cane may be harvested, or upon such other basis as the Board thinks just, and provision may be made for relatively larger farm peaks for smaller assignments, if the Board deems desirable.

(3) This section, and the provisions of this Act relating to any right of appeal against a determination made hereunder, shall apply with respect to every cane-grower concerned, including any owner of a mill growing sugar-cane upon lands assigned to that mill.

As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto.

56. Award to determine harvesting, etc., matters. (1) An award shall determine all matters relating to the harvesting and delivery of sugar-cane by the cane-growers, and the transport, handling and crushing thereof and the payment therefor by the mill-owner.

52 SUGAR Vol. 17

(2) In respect of the matters referred to in subsection (1) of this section, an award may provide for a penalty payment in terms of money or in terms referable to money, by the mill-owner to a cane-grower or by a cane-grower to the mill-owner for a breach of the conditions laid down in the award.

Nothing herein contained shall be read or construed so as to prevent the mill-owner or any cane-grower from proceeding by complaint under section ninety-nine of this Act for a breach of the award.

57. Matters which may be considered in making awards. A Local Board, in making an award, or the Central Board in making, adopting, or varying an award may take into consideration all or any of the following matters, that is to say:-

(a) the estimated quantity of sugar-cane to be treated at the mill concerned;

(b) the estimated commercial cane sugar content of the sugarcane;

( c) the cost of production of sugar-cane and the cost of manufacture of sugar;

(d) the crushing capacity of the mill; (e) the conditions as to labour or otherwise under which the

sugar-cane is grown, harvested and delivered to the mill; (f) the selling price of raw sugar and refined sugar; (g) any other local conditions; (h) any prescribed matters; (i) any matters deducible from any or all of the matters above-

mentioned. As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto. Difficulty in giving effect to an award cannot affect its validity, R. v. Central

Cane Prices Board; Ex parte Colonial Sugar Refining Co. Ltd., [1917] St. R. Qd. 1; [1917] Q.W.N. 4.

For the distinction between the making of an award and its taking effect, see Powell v. Farleigh Estate Sugar Co. Ltd. (1919), 27 C.L.R. 219.

58. Award to specify base price of sugar-cane. (1) An award shall specify a base price to be paid for sugar-cane, or base prices to be paid for sugar-cane of different qualities, according to the content of commercial cane sugar or on such other basis or bases as the Board making the award may specify:

Provided that an award may provide for a relative scheme of payment, that is to say-

(a) for payment for sugar-cane of the average quality thereof accepted at the mill concerned during any week or other specified period of time at a price equal to that payable for sugar-cane of the average quality of all sugar-cane accepted at that mill during the crushing season in question; and

(b) for the determination of the price to be paid to each and every cane-grower for his sugar-cane accepted at the mill concerned during any week or specified period of time according to the relation the quality of that sugar-cane bears

REGULATION OF SUGAR CANE PRICES ACTS S'J.56-58 53

to the quality of all sugar-cane accepted at that mill by the mill-owner during that week or, as the case may be, other specified period of time.

(2) The base price or base prices for sugar-cane specified in the award shall be associated with an estimated selling price of sugar stated in the award, and provision may be made in the award for the actual price or prices for sugar-cane to vary from the base price or base prices as the actual selling price of sugar varies from such estimated price.

(3) An award may fix different prices for sugar-cane in relation to different conditions as to labour or otherwise under which the sugarcane is grown, harvested and delivered to the mill; but, subject to the aforegoing provisions, the basis of determination of the price of sugarcane shall be the same with respect to each and every cane-grower bound by the award.

( 4) An award shall determine an interim minimum price or interim minimum prices for sugar-cane not exceeding eighty (or, where the Central Board so directs in any special case, not exceeding eighty-five) per centum of the base price or base prices, as the case may be, for sugar-cane determined by the award.

(5) Except as hereinafter provided, every award shall be deemed to provide that-

(a) except where the mill shall have been taken possession of by an Administrator under this Act, the mill-owner shall pay to each cane-grower, in respect of his sugar-cane accepted in each month of the season, a sum equal to the interim minimum price for such sugar-cane under the award;

(b) such payment shall be made within thirty days after the end of the month to which it applies; and

(c) if such mill-owner fails to make such payment within the specified time, he shall be guilty of a breach of the award:

Provided that nothing herein shall be read or construed so as to affect a provision in an award prescribing payments for sugar-cane at more frequent intervals than hereinbefore provided.

( 6) Except as hereinafter provided, deductions from the base price payable for sugar-cane may be provided for in the award in respect of burnt, frosted, dried-up, diseased, decayed, badly topped, trashy, or dirty sugar-cane, or overloading of trucks:

Provided that, the award may provide for a specified deduction (not exceeding one dollar per ton) to be made from the base price payable for sugar-cane of any variety-

(a) which is certified by The Sugar Experiment Stations Board under subsection (7) of section eleven of "The Sugar Experiment Stations Acts, 1900 to 1959," to possess a material milling disability; or

(b) which (if a meeting specially called for the purpose of canegrowers whose lands are assigned to the mill agrees in the prescribed manner to limit the number of the varieties of sugar-cane approved by the Director of Sugar Experiment Stations appointed under "The Sugar Experiment Stations Acts, 1900 to 1959," or if, in the event of such meeting having been duly requisitioned but not having been duly convened or having lapsed for want of a quorum or for

54 SUGAR Vol. 17

any other reason, The Sugar Experiment Stations Board constituted under such last mentioned Acts determines to limit such number) is not included in the limited number so agreed upon or determined:

Provided further that, where a variety of sugar-cane is planted upon land assigned to a mill during a period-

(i) for which no limited number was agreed upon or determined under paragraph (b) of the first proviso to this subsection, and such variety was included in the varieties of sugar-cane approved by the Director of Sugar Experiment Stations aforementioned; or

(ii) for which a limited number was agreed upon or determined under paragraph (b) of the first proviso to this subsection, and such variety was included in such limited number,

all sugar-cane grown from such planting during the first, second and third calendar years after the calendar year of planting shall be taken delivery of and crushed by the mill-owner concerned without any deduction from the price thereof under the said paragraph (b).

And provided always that every experimental variety of sugar-cane delivered or authorised to be delivered to a mill by the Director of Sugar Experiment Stations aforementioned shall be taken delivery of and crushed by the mill-owner concerned without any deduction from the price thereof.

(7) Notwithstanding the provisions of subsection (6) of this section, an award may provide that if the quality or condition of sugar-cane does not comply with standards specified in the award, the mill-owner may refuse or defer acceptance of such sugar-cane.

(8) Without limiting the provisions of section one hundred and eleven of this Act as to the making of regulations, the regulations under this Act may prescribe that, notwithstanding any award, a lower price than that fixed by such award shall be payable to the cane-grower in any case where the conditions as to labour or otherwise under which the sugar-cane is grown, harvested, or delivered to the mill are in any respect unsatisfactory to the Minister, and that in such case the difference between such lower price and the price fixed by such award shall be paid by the mill-owner to the Minister, to be placed by him to the credit of the Sugar Cane Prices Fund.

As amended by Act of 1966, No. 11, s. 3, Seh. Act referred to:

Sugar Experiment Stations Acts, 1900 to 1965, p. 89, post. As to the Central Board, see s. 16 and notes thereto. Compare R. v. Central Sugar Cane Prices Board; Ex parte Maryborough

Sugar Factory Ltd., [1959] Qd. R. 565. As to subsection (6), see R. v. Townley; Ex parte Row, [1970] Qd. R. 117.

59. Payment of subscriptions, etc. An award may direct the mill-owner, at the written request of any cane-grower, to pay to any organisation or association approved by the Local Board or the Central Board, or to an authorised agent of such organisation or association out of any moneys payable by the mill-owner to such cane-grower, any subscription, fee, or other contribution payable by such cane-grower to such organisation or association.


REGULATION OF SUGAR CANE PRICES ACTS &'>.58-61 55

DIVISION III-CONTRACTS AND AGREEMENTS

60. Contracts outside Act. ( 1) Subject as hereinafter provided, any contract or agreement, whether entered into before or after the commencement of this Act, between a mill-owner or any other person and any cane-grower or any group of cane-growers which, if it were valid, would have the effect of disentitling such cane-grower or any member of such group of cane-growers from the benefit of an award or of any of the provisions of this Act, shall to that extent be absolutely void and inoperative.

(2) Any contract or agreement, whether entered into before or after the commencement of this Act, between a mill-owner or any other person and any cane-grower or any group of cane-growers shall, in the case of any contract or agreement entered into before the commencement of this Act, not later than thirty days after such commencement and, in all other cases, not later than thirty days after the execution of such contract or agreement, be filed in the office of the secretary of the Central Board.

(3) Every such contract or agreement shall be approved by the Central Board unless in its opinion it is unfair or unreasonable, and upon such approval shall be binding upon the parties thereto, but not otherwise.

(4) The Central Board may, by notification published in the Gazette, authorise the filing of a copy of any such contract or agreement in lieu of the original instrument, and, further, may exempt any contract or agreement or any class of contract or agreement (including liens and mortgages) from the operation of subsection (2) of this section.

(5) No contract or agreement made between any owner of a mill and a Mill suppliers' committee or any body acting or purporting to act on behalf of all cane-growers supplying sugar-cane to that mill shall be valid and binding upon such cane-growers or such mill-owner unless and until it is approved in writing by eighty-five per centum of the canegrowers supplying sugar-cane to that mill, and is approved by the Central Board.

(6) No contract or agreement so approved shall continue in force for a period exceeding three years from the date of the execution thereof except by order of the Central Board.

(7) Every contract or agreement approved by the Central Board under this section shall be filed by the secretary in the office of the Central Board, and may be produced by the secretary in any proceeding.

(8) In this section the term "person" includes any body or association of persons, whether corporate or unincorporate.


61. Agreements as to farm peaks. (1) Notwithstanding anything contained in section sixty of this Act, but subject to the approval of the Central Board and subject also as hereinafter in this section provided, the cane-growers whose lands are assigned to a mill may enter into an agreement specifying a farm peak in respect of each and every assignment to that mill:

Provided that-(i) every such agreement shall be signed by not less than seventy

per centum of the cane-growers whose lands are assigned to that mill, and who, in the opinion of the Central Board,

56 SUGAR Vol. 17

are likely to supply not less than seventy per centum of the sugar-cane to be supplied by cane-growers during each and every season covered by such agreement;

(ii) no owner of a mill holding land assigned to that mill shall be qualified to enter into or be a party to any agreement entered into and approved under this section, but in every year in which an agreement under this section is in force the Local Board concerned shall make a farm peak determination with respect to any such mill-owner;

(iii) the farm peaks fixed by an agreement entered into and approved under this section and any farm peaks determined by the Local Board in respect of an owner of a mill holding land assigned to that mill shall be deemed to be included in and form part of the relevant award of the Local Board.

(2) Subject as provided in subsection (1) of this section and as hereinafter provided, all of the provisions of subsections (5) and (6) of section sixty of this Act shall, mutatis mutandis, apply and extend and be observed and enforceable with respect to agreements entered into and approved under subsection (1) of this section:

Provided that the Central Board shall give not less than seven days' notice of its intention to consider the question of approval of any such agreement by advertisement published in a newspaper or newspapers circulating in the district in which the lands assigned to the mill concerned are situated.

(3) Every agreement approved by the Central Board under this section shall be filed by the secretary in the office of the Central Board, and may be produced by the secretary in any proceeding.


DIVISION IV-APPEALS AND APPLICATIONS

62. Appeal against award of Local Board. ( 1) An appeal shall lie to the Central Board against any award of a Local Board, or any part of such award.

Such appeal may be brought by any mill-owner or, subject to section sixty-six of this Act, by the Mill suppliers' committee constituted for the mill in respect of which the award was made, or by any twenty or more cane-growers holding lands assigned to that mill.

The Central Board shall hear and determine every appeal under this subsection.

Every such appeal shall be by way of re-hearing. (2) Any cane-grower may apply to the Central Board for leave to

appeal against that part of an award of a Local Board which represents the farm peak determined in respect of his assignment.

The Central Board may, in its absolute discretion, grant or refuse such application, and, if it grants leave to appeal, may, after hearing all persons whom the Central Board thinks are or may be affected, vary the award of the Local Board by modifying the determinations with respect to the appellant, or with respect to the appellant and any or all of the other cane-growers affected, in such manner as it shall think necessary in order to give effect to its decision upon such appeal.

REGULATION OF SUGAR CANE PRICES ACTS ss. 61, 62 57

(3) A notice of appeal or an application for leave to appeal under this section shall be lodged with the secretary of the Central Board not later than twenty-one days after the publication of the award in the Gazette.

( 4) Upon the filing of any notice of appeal or application for leave to appeal as aforesaid the Central Board may, if it considers it necessary so to do, extend the period for which such award will remain in force under this Act to some specified date or until all appeals and applications under this section have been heard and determined.

Any such extension shall be notified by the secretary in the Gazette.

(5) The pendency of any appeal or application under this section shall not suspend or delay the operation of the award or of any part thereof.

( 6) At the hearing of any appeal or application under this section the record of the proceedings before the Local Board, or a copy thereof certified as correct by the chairman of such Board, shall be admitted in evidence by the Central Board; and, subject to this Act, any representative respectively of the mill-owner or of the cane-growers (or in the case of an application, the applicant, or, by leave of the Central Board, any canegrower likely in the opinion of the Central Board to be affected by such application and, subject to this Act, any representative of such applicant or, as the case may be, such cane-grower) shall, if he so desires, be permitted to appear, to call evidence, to examine and cross-examine any witness, and to address the Central Board.

(7) Where the Central Board dismisses all appeals under this section with respect to an award of a Local Board, it shall declare that such award is adopted, and shall specify a date on and from which the adopted award shall take effect.

(8) Where the Central Board-(i) allows any appeal referred to in subsection (1 ) of this

section and varies the award of the Local Board accordingly; (ii) allows any appeal referred to in subsection (2) of this

section and varies the award of the Local Board by altering the farm peak of any appellant, or any appellants, or any or all of the other cane-growers affected,

it shall specify the variations made by it in the award of the Local Board and shall declare that such award as so varied is adopted, and shall specify a date on and from which the adopted award shall take effect.

(9) At the discretion of the Chairman, the secretary of the Central Board shall publish in the Gazette either the adopted award or the variation or variations specified by the Central Board, and the date on and from which the adopted award shall take effect.

( 10) The Central Board shall, before declaring that an award of a Local Board is adopted, dispose of all appeals and applications under this section affecting that award. For this purpose the Central Board may combine the hearings of any or all of such appeals and applications as it thinks fit.


58 SUGAR VoI.17

63. Appeal agaimt adopted award. ( 1) An appeal shall lie to the Central Board against any adopted award or any part of any adopted award.

(2) The appeal may be brought by any mill-owner, or, subject to section sixty-six of this Act, by the Mill suppliers' committee constituted for the mill with respect to which the adopted award applies, or by any twenty or more cane-growers holding lands assigned to that mill.

(3) The appeal shall be commenced not later than twenty-one days after the termination of the crushing season with respect to which the adopted award applies (or such later date, being within the period during which the adopted award remains in force, as the Central Board may, in special circumstances, allow), by the filing with the secretary of the Central Board of a notice of appeal.

( 4) The Central Board shall hear and determine every appeal under this section and shall, if it is satisfied that the circumstances upon which the award was based have so changed that a variation is fair and just, allow the appeal and vary the adopted award in such manner as it shall think necessary in order to give effect to its decision upon such appeal.


64. Increase in base price of sugar-cane in unduly long season. ( 1) Any twenty or more cane-growers or, subject to section sixty-six of this Act, the Mill suppliers' committee constituted for a mill may, in the circumstances hereinafter referred to in this section, apply to the Central Board for an increase in the base price or base prices of sugar-cane fixed by any award with respect to the mill concerned.

(2) Such application shall be filed with the secretary of the Central Board not later than twenty-one days after the termination of the crushing season with respect to which such award applied.

(3) Upon such application the Central Board, if satisfied that the time taken by the owner of the mill concerned to crush that quantity of sugar-cane equal to the aggregate of the farm peaks of the lands assigned to that mill was, in respect of the crushing season in question, unduly long, and that the cane-growers were economically prejudiced by that undue length, may vary the award in question by increasing the base price or prices of sugar-cane fixed by such award:

Provided that the Central Board shall make such variation only if it is satisfied that the undue length of time in question was occasioned by acts or omissions of, or other circumstances within the control of, the owner of that mill, and that such owner should justly bear the economic loss thereby occasioned.


65. Variation of farm peaks. (1) Notwithstanding anything in this Act, or in any agreement referred to in section sixty-one of this Act, any farm peak may be varied by the Central Board, either of its own motion or upon application made to it in that behalf, at any time while that farm peak is in force if the Central Board is satisfied that the circumstances or conditions existing when that farm peak was determined or, as the case may be, agreed upon have so changed that a variation of that farm peak is fair and just.


(2) Provision for the variation of a farm peak where the circumstances or conditions existing when that farm peak was determined or, as the case may be, agreed upon, have so changed that a variation of that farm peak is fair and just, may be inserted-

(a) by a Local Board in any award made by it; (b) by the Central Board in any award made, adopted, or varied

by it; (c) in any agreement under section sixty-one of this Act.

Such provision shall be in addition to, and not in substitution for or 10 derogation of the provisions of subsection (1) of this section.


66. Appeal, etc., by Mill suppliers' committee. ( I) Wherever in this Act it is provided that an appeal or application to the Central Board may be brought or made by a Mill suppliers' committee constituted for a mill such appeal or application shall be for and on behalf of the canegrowers supplying sugar-cane to that mill, and the decision of the Mill suppliers' committee to bring the appeal or make the application shall be made at a special meeting of that committee called for that purpose at which no other business shall be transacted.

(2) The notice of appeal or application, and all other documents in the matter, shall be signed by the chairman and the secretary of the Mill suppliers' committee, and a statement in writing signed by such chairman and secretary and setting out the date when the special meeting at which the committee made its decision to bring the appeal or make the application was held and the resolution embodying the decision shall accompany such notice or application.


DIVISION V-PROCEEDINGS OF BOARDs--GENERALL Y

67. Representation before Central Board. On the hearing or determination before the Central Board of any matter arising under this Act, any party interested shall be entitled to appear and be heard, whether personally or by his counselor solicitor or by his agent duly appointed in writing in that behalf.

As to the Central Board, see s. 16 and notes thereto. As to whether a party interested is entitled to adduce evidence on relevant

matters, see R. v. Central Cane Prices Board; Ex parte Colonial Sugar Refining Co. Ltd., [1917] St. R. Qd. 1; [1917] QW.N. 4.

Mandamus will lie to a Board which refuses to allow a party interested his rights under this section, ibid.

68. Representation before Local Boards. On the hearing or determination before a Local Board of any matter arising under this Act, any party interested shall be entitled to appear and be heard, whether personally or by his agent duly appointed in writing in that behalf:

Provided that no member of Parliament or of the legal profession shall be entitled to appear before a Local Board in any representative capacity.

As to Local Boards, see s. 6 and notes thereto.

60 SUGAR Vol. 17

69. Evidence. The Central Board, or any Local Board, in the exercise of any jurisdiction, duty, power, or function conferred or imposed upon it by this Act, shall not be bound by any rule of law or practice as to evidence, and the members thereof may inform their minds on any matter in such manner as they think fit.


70. Condnct of hearings before Central Board. ( 1) The Chairman of the Central Board may, as and when he thinks proper, exclude any person other than a member of such Board from the hearing of any inquiry or matter before such Board, and administer an oath to or take an affirmation of secrecy from any person present at any such hearing (including any person holding any office under this Act).

(2) No witness at any hearing before the Central Board shall be entitled to claim any privilege from answering any relevant question or producing any relevant document on the ground that it relates to matters mentioned in section one hundred and two of this Act, or that he has taken any oath or made any affirmation of secrecy under this Act.

(3) Any person who, except in the course of giving evidence before the Central Board as referred to in subsection (2) of this section, violates any oath or affirmation of secrecy taken or made by him under this section, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one thousand dollars and, if such person holds any office under this Act, he shall on conviction of such offence (and without any specific order) cease to hold such office on and from the date of such conviction.

( 4) Every oath or affirmation of secrecy taken or made under this section shall be filed by the secretary in the office of the Central Board and may be produced by the secretary or by any other officer of the Central Board authorised by the Chairman in any proceeding for an offence against this section. Such oath or affirmation shall, upon its production in evidence and until the contrary is proved, be sufficient evidence that such oath or affirmation was duly made or taken under this Act by the person whose signature it purports to bear.

As amended by Act of 1966, No. 19, s. 3, Sch. As to the Central Board, see s. 16 and notes thereto.

71. Copies of depositions, etc. Notwithstanding the provisions of section seventy of this Act (but subject always to the provisions of that section relating to an oath or affirmation of secrecy and to the penalty prescribed for any violation thereof) any member of a Local Board, and any millowner or cane-grower, and the duly appointed agent of any of such persons, may inspect and take copies of or extracts from the record of any proceedings before any Local Board, including depositions of witnesses and documentary evidence, and any accounts or estimates, taken and admitted before the Local Board relating to matters in issue, for the purpose of verifying or testing the accuracy of the same.

As to Local Boards, see s. 6 and notes thereto.

72. Chairman may administer oaths, etc. The Chairman of the Central Board or the chairman of any Local Board may require any person including a member of the Central Board or of a Local Board, as the

REGULATION OF SUGAR CANE PRICES ACfS ss.69-76 61

case may be, to give his evidence on oath or affirmation and for such purpose may administer an oath or take an affirmation.


73. Chainnan of Central Board to act as mediator where desirable. The Chairman of the Central Board may act as a mediator in any matter arising under this Act, whether or not it is within the jurisdiction of the Central Board, in all cases where it appears to him that his mediation is desirable in the public interest.


74. Summoning of witnesses, contempt, etc. For the purpose of comJ

peUing the attendance of persons failing to attend when summoned or refusing to give evidence or produce documents or writings in their possession or power, and for the purpose of the punishment of persons gUilty of contempt-

(a) the Chairman of the Central Board shall have all the powers and authorities of a Judge of the Supreme Court;

(b) the chairman of a Local Board shall have all the powers and authorities of a stipendiary magistrate sitting in Petty Sessions under "The Justices Acts, 1886 to 1960."

Act referred to: Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.

Stipendiary magistrate sitting in Petty Sessions under "The Justices Acts, 1886 to 1960" now stipendiary magistrate sitting in a Magistrates Court constituted under "The Justices Acts, 1886 to 1968"; see Justices Acts Amendment Act of 1964, s. 2 (5), title JUSTICES, Vol. 8, p. 250.


75. Intervention by the Crown. The Crown may, where, in the opinion of the Minister, the public interest is or would be likely to be affected by an award or a decision of the Central Board or the award of a Local Board, intervene in any proceedings before the Central Board or the Local Board, as the case may be, and make such representations as it thinks necessary in order to safeguard the public interest.


76. Compulsory conferences. ( 1) The Chairman of the Central Board may, whenever in his opinion it is desirable for the purpose of preventing or settling any dispute with respect to any matter arising under this Act or under any award thereunder, summon any person to attend, at a time and place specified in the summons, at a conference, presided over by such Chairman.

(2) Any person may be so summoned, notwithstanding that he is not connected with the dispute, if the Chairman thinks that such person's presence at the conference is likely to conduce to the prevention or settlement of the dispute.

(3) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the Chairman, and in default shall be guilty of contempt and, by order of the Chairman, shall be liable to a penalty not exceeding two hundred dollars.

( 4) The conference may be held partly or wholly in public or in private at the discretion of the Chairman.

62 SUGAR Vol. 17

(5) Any person so summoned, who attends pursuant to the summons and continues his attendance as directed by the Chairman, may be paid out of the Sugar Cane Prices Fund such amount (if any) as the Chairman certifies to be a reasonable recompense for his expenses and loss of time.

As amended by Act of 1966, No. 19, s. 3, Sch. As to the Central Board, see s. 16 and notes thereto.

77. Conciliation. (1) In the course of the hearing (including any compulsory conference summoned by the Chairman of the Central Board as provided for in section seventy-six of this Act) of any matter arising under this Act or under any award thereunder, the Central Board or Chairman thereof, as the case may be, may make all such suggestions and do all such things as appear to it or to him to be right and proper for dealing with the matter or bringing about the settlement of the matter by amicable agreement.

(2) If an agreement is arrived at, a memorandum of its terms shall be made in writing and certified by the Chairman, and such memorandum shall be filed in the office of the Central Board, and, unless otherwise ordered by the Central Board, shall, for the purposes of this Act, have the same force and effect as, and be deemed to be an adopted award or part of an adopted award, according to its tenor.


78. Central Board may depute the taking of evidence. The Central Board may issue an order to the chairman of a Local Board to take evidence on its behalf in relation to any matter arising under this Act, and to report thereon to the Central Board, and the chairman of the Local Board shall thereupon and in respect of such matter have all the powers of the chairman of a Local Board set out in section seventy-four of this Act with respect to the matters referred to in that section.

The Central Board may act on such evidence as if it had been taken before the Central Board, and may act on such report in such manner as it deems fit.


79. Power to limit evidence. The Chairman of the Central Board may declare and settle the issues to be determined with respect to any matter pending before the Central Board, and may limit the taking or hearing of evidence on any such matter or issue.


80. Costs in certain cases. If, in the opinion of the Chairman of the Central Board, any party fails to proceed with any matter or issue raised at the instance of such party, or unduly protracts any proceedings by the calling of unnecessary or irrelevant evidence, or otherwise howsoever, the Chairman may order such party to pay such costs as in his opinion have been occasioned by such failure or undue protraction of the proceedings, and may, if he thinks fit, apportion such costs to be paid to and amongst the other parties.

Every such order shall have the like effect as an order in an action before a Judge of the Supreme Court, and be enforceable accordingly.

As to the Central Board. see s. 16 and notes thereto.


81. Decisions to be final. Except as otherwise provided in this Act-(a) every award of a Local Board, every award, adopted award,

and every approval, decision, declaration, determination, direction, and order of the Central Board shall be final and conclusive, and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any court on any account whatsoever;

(b) proceedings before the Central Board, or a Local Board shall not be removable by certiorari, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by any court in respect of or to restrain proceedings under any award of a Local Board, or any award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board relating to any matter which, on the face of the proceedings, appears to be or to relate to a matter arising under this Act;

(c) the validity of any proceedings or award of a Local Board, or any proceedings, award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board shall not be challenged.

As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto. As to when the Attorney-General is a proper party to proceedings seeking to

establish the invalidity of an award, see Colonial Sugar Refining Co. Ltd. v. Attorney-General and Howe, [1917] St. R. Qd. 83; [1917] Q.W.N. 15.

The provisions of paragraph (b) do not prevent the Supreme Court from issuing a writ of prohibition to the Central Board. So held in R. v. Celltral Sugar Cane Prices Board; Ex parte Maryborough Sugar Factory Ltd., [1959] Qd. R. 565.

DIVISION VI-EASEMENTS AND PERMITS TO USE LAND

82. Easements, etc., for tramway purposes. (1) For the purposes of this Act the Central Board may, upon the application of a mill-owner, make an order granting to that mill-owner an easement or other such interest upon any land for tramway, road, or other like purposes upon and subject to such terms and conditions and compensation (if any) as the Central Board may deem just.

(2) Compensation in respect of an easement or other such interest granted under this section may be claimed by every person who, if the mill-owner was empowered to take and took that easement or other interest as a constructing authority under "The Public Works Land Resumption Acts, 1906 to 1955," would be entitled to claim compensation, and the compensation (if any) payable shall be determined by the Central Board in the manner provided by such lastmentioned Acts.

(3) The mill-owner shall serve a copy of his application upon all persons who, to his knowledge, are entitled to claim compensation as aforesaid, and every such person shall have the right to appear and to be heard in the proceedings before the Central Board upon the application:

Provided that the Central Board may direct the mill-owner to serve a copy of his application upon any other person whom the Central Board thinks may have an interest in such application, and the mill-owner shall serve such copy upon that person who may appear and be heard in the proceedings before the Central Board upon the application.

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( 4) If the mill-owner satisfies the Central Board that he has been unable, for reasons deemed by the Central Board to be sufficient, to serve a copy of the application upon any of the persons referred to in subsection (3) of this section, the Central Board may nevertheless proceed to hear and determine the application, but the order applied for shall, if granted, be subject to a condition that the compensation (if any) awarded to that person shall be paid by the mill-owner into the Sugar Cane Prices Fund. Moneys so paid into that Fund shall be held therein upon trust for the person to whom such moneys were awarded as compensation.

(5) Notwithstanding the provisions of subsection (2) of this section, if the Central Board grants under this section an easement or other such interest upon assigned land, it may grant to the holder of the assignment in satisfaction or part satisfaction of any compensation awarded to him in respect of that easement or other interest an assignment of other land to the same or another mill.


Act referred to: Public Works Land Resumption Acts, 1906 to 1955; see now Acquisition

of Land Act of 1967, title WORKS. As to tbe Central Board, see s. 16 and notes thereto.

83. Register of Easements. ( 1) The secretary of the Central Board shall make and keep a Register Book to be called the "Register of Easements" and shall cause to be entered and registered therein particulars of all orders made from time to time by the Central Board under section eightytwo of this Act in the order of the making thereof respectively and shall assign to each such order upon registration a consecutive number.

The aforesaid particulars shall include the number and date of the order, the date of the registration thereof, the name of the mill-owner, the names and addresses of the owners of lands upon or in respect of which the easement or other such interest has been granted, the description of such lands, and such other particulars as may from time to time be prescribed.

(2) For such Register Book there shall be kept an Index of all orders referred to therein arranged alphabetically according to the names of the owners of the lands affected thereby.

(3) The registration of any such order as aforesaid shall be deemed to be full and sufficient notice to all persons of such order and "The Real Property Acts, 1861 to 1960," shall be read subject to this section.

(4) Any person may, during the usual hours of business of the secretary of the Central Board, and upon payment of the prescribed fee, search the Register Book and any order of the Central Board referred to therein.

(5) The Register of Easements and the Index thereto kept under the repealed Acts shall continue under this Act and shall be the Register of Easements and the Index thereto respectively under this Act.

(6) Evidence of the contents of the Register of Easements may be given in any proceeding by a certificate under the hand of the secretary of the Central Board and every such certificate shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence of the matters stated therein.

REGULATION OF SUGAR CANE PRICES ACTS ss.82.87 65

For the purposes of this section the signature of the secretary of the Central Board shall be judicially noticed.

Act referred to: Real Property Acts, 1861 to 1963, title REAL PROPERTY, Vol. 14,

p.633. As to the Central Board, see s. 16 and notes thereto.

84. Continuation of existing easement rights. Notwithstanding anything in this Act or in any other Act or law, every easement referred to in subsection (1) of section forty-one of the repealed Acts shall continue under this Act for such period of time as the tramline referred to in that subsection is required or used by the mill-owner concerned for the carriage of sugar-cane, and the sole and exclusive ownership of every bridge referred to in that subsection shall continue to be vested absolutely in that mill-owner.

The provision referred to was discussed in Casaiegno v. Pioneer Sugar Mills Pty. Ltd., [1951] St. R. Qd. 141, where the Full Court held that the section gives tramline easements over public roads as well as over private lands.

85. Alteration of position of tramlines. The position of any tramline referred to in section eighty-four of this Act or of any tramline or road constructed consequent upon an order under the repealed Acts or under section eighty-two of this Act may from time to time be altered by the mill-owner with the consent of the owners of any lands affected by such alteration (which consent shall be in writing and filed with the Central Board) or by the authority of an order of the Central Board, and, in the latter case, upon and subject to such terms and conditions and compensation (if any) as the Central Board shall deem just.

On any such alteration, the mill-owner shall have the like easement or other such interest in relation to the lands over which the tramline or road in its new positio:1 is laid down and constructed as he had in relation to the lands over which the tramline or road was, immediately prior to such alteration, laid down and constructed.


86. Construction of cattle-grids, etc. On the application of any owner of land on which any tramline or road referred to in sections eighty-two, eighty-four, or eighty-five of this Act is for the time being laid down and constructed, or by the owner of any land adjacent thereto, the Central Board may order the mill-owner concerned to provide, construct and maintain at or near the boundaries of the lands of any such owner such cattle-grids, structures or other facilities as are, in the opinion of the Central Board, reasonably necessary to prevent livestock from straying over the tramline or road from the land of one owner onto the land of another.

Any mill-owner who fails to comply with an order of the Central Board under this section shall be guilty of an offence against this Act.


87. Construction, etc., of tramlines. Any mill-owner, and all persons authorised by him may, for the purposes of harvesting, or supply or delivery to his mill, of sugar-cane-

3

(a) construct, maintain, alter, repair, work and use a tramway or road, and carry out any other necessary works-

(i) upon any land the property of that mill-owner, any land in respect whereof that mill-owner holds an easement or

66 SUGAR Vol. 17

other such interest for tramway, road, or other like purposes and any land, including any road, in respect whereof that mill-owner has, by virtue of this Act, an easement or other such interest for tramway, road, or other like purposes; or

(ii) subject to the provisions of subsection (24) of section thirty-five of "The Local Government Acts, 1936 to 1961," upon any road in respect whereof that mill-owner holds a permit under that subsection; and

(iii) subject to the provisions of "The Main Roads Acts, 1920 to 1962," upon any declared road in respect whereof that mill-owner holds an authority under subsection (2) of section twenty-one of those Acts;

(b) provide for use, and use and employ on a tramway as aforesaid, including any and every tramway to which this Act applies, such locomotive engines (whether steam engines or engines motivated by any power other than steam), other motive power, and rolling stock to be drawn or propelled thereby as the mill-owner in question deems necessary for the efficient working and use for the purposes aforesaid of that tramway;

(c) provide for use, and use and employ on a road as aforesaid, including any and every road to which this Act applies, such vehicles as the mill-owner in question deems necessary for the efficient working and use for the purposes aforesaid of that road.

This section shall be read and construed so as not to limit or affect any power or authority conferred upon any mill-owner under any other Act with respect to any of the matters specified in this section.

Any cane-grower or any other person who hinders or obstructs a mill-owner or any person authorised by a mill-owner in the exercise of any of his powers or authorities under this section shall be guilty of an offence against this Act.

Acts referred to: Local Government Act 1936-1970, title LOCAL AUTHORITIES, Vol. 10,

p. 315. Main Roads Acts, 1920 to 1968, title ROADS, Vol. 15, p. 43.

88. Permits to pass over land. (1) The Central Board may, from time to time, upon and subject to such terms and conditions and such compensation (if any) as the Central Board may deem just, by order direct and authorise that any person (hereinafter in this section referred to as "the permitter") shall for the purpose of the harvesting of sugarcane or its supply or delivery to a mill permit the mill-owner or any cane-grower such use of the permitter's land as the Central Board shall deem necessary.

Any such order may be varied from time to time or rescinded by the Central Board.

(2) A copy of every such order shall be filed by the secretary in the office of the Central Board and shall be available for inspection by any interested party during the usual hours of business of the secretary, upon payment of the prescribed fee.



(4) Any permitter who contravenes or fails to comply with an order made under this section shall be guilty of an offence against this Act.


89. Orders of the Central Board to be final. An order made by the Central Board under any of the provisions of this Division VI of this Part IV of this Act shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed, or called in question or be subject to certiorari, prohibition, mandamus, or injunction, in any court on any account whatsoever, and shall in all courts and for all purposes be conclusive and binding on all persons affected thereby.

Every such order shall have the effect of a judgment of the Supreme Court and may be filed in that Court and enforced accordingly.


DIVISION VII-CANE-TESTERS AND CHECK-WEIGHERS

90. Cane Tester Examining Board. ( 1) The Minister may constitute a Cane Tester Examining Board for the purposes of this Act. The members appointed to such Board may be paid such remuneration as the Minister may from time to time authorise.

Any payments authorised by the Minister under this subsection shall be made from the Sugar Cane Prices Fund.

(2) The powers, authorities and duties of the Cane Tester Examining Board shall be as prescribed by the regulations.

91. Appointment of cane-testers. ( 1) Any person desirous of being appointed a cane-tester under this Act shall first satisfy the Cane Tester Examining Board that he possesses the necessary qualifications, whereupon the Cane Tester Examining Board shall so certify.

(2) The holder of a certificate of the Cane Tester Examining Board shall be eligible for appointment as a cane-tester and may be appointed as a cane-tester by the Minister to any mill where, in the opinion of the Minister, the services of a cane-tester are desirable, and for such period of time as the Minister may determine.

(3) The Minister may appoint more than one cane-tester to the same mill and if he does so shall designate one of them to be the canetester in charge.

( 4) The possession of a certificate of the Cane Tester Examining Board shall be sufficient evidence for all purposes that the holder has the necessary qualifications for the discharge of his duties as a canetester.

(5) A cane-tester may, for the purpose of performing his duties under this Act, enter upon the premises of any mill to which he has been appointed by the Minister.

( 6) The salaries of cane-testers shall be paid out of the Sugar Cane Prices Fund and shall be at such rates as the Minister may from time to time determine.

68 SUGAR Vot.17

(7) All cane-testers appointed under the repealed Acts and holding office as such immediately prior to the commencement of this Act shalL without further or other appointment whatsoever, be deemed appointed pursuant to and for the purposes of this Act in the terms of their respective appointments.

92. Duties of cane-testers. ( 1) Every cane-tester appointed to a mill shall-

(a) determine whether the weighing of sugar-cane is correctly performed;

(b) determine whether the samples of sugar-cane and sugar-cane juice are taken and analysed in accordance with the procedures prescribed by the regulations, the award, and any special directions of the Central Board;

(c) determine whether the commercial cane sugar content of the sugar-cane is calculated in accordllnce with the regulations, and the value of the sugar-cane is computed in accordance with the award; and

(d) perform such other duties as may be prescribed by the regulations or as may be directed by the Central Board.

(2) Every cane-tester appointed to a mill or, where more than one cane-tester is appointed to the same mill, the cane-tester in charge, shall record-

(a) in respect of that mill, for each week or period, and for the season-

(i) the tonnage of sugar-cane crushed; (ii) the average commercial cane sugar content of that sugar

cane; and (iii) the tonnage of sugar of ninety-four net titre made and

estimated; (b) in respect of each cane-grower or duly formed group of

cane-growers delivering sugar-cane to that mill, for each week or period, and for the season-

(i) the tonnage of sugar-cane crushed; (ii) the average commercial cane sugar content of that sugar

cane; and (iii) the value of that sugar-cane;

(c) forward to the Central Board at such times or intervals as the Central Board may specify such of the records referred to in paragraphs (a) and (b) of this subsection as the Central Board may specify.

(3) Every cane-tester appointed to a mill or, where more than one cane-tester is appointed to the same mill, the cane-tester in charge, shall, if satisfied that the operations referred to in paragraphs (a), (b) and (c) of subsection (1) of this section have been properly performed or carried out, certify to that effect.

Where such cane-tester, or cane-tester in charge, as the case may be, is not satisfied that any such operation has been properly performed or carried out he may require that such operation be repeated if circumstances permit until he is so satisfied, and if circumstances do not permit he may require that a sample be discarded or that a recorded result be deleted or replaced by that result which is in his opinion correct.


To this end he shall be entitled to perform weighings, take samples, analyse samples, and make calculations, and his results shall be accepted as correct.

( 4) Any person who hinders or obstructs any cane-tester in the performance of his duties or exercise of his powers under this Act shall be guilty of an offence against this Act.

As to the Central Board, see s. 16 .!nd notes thereto.

93. Laboratory to be provided. There shall be provided at every mill by the mill-owner a proper and sufficient laboratory and all necessary and proper apparatus and material for making analyses of sugar-cane and sugar-cane juice and, where required by the Central Board in the case of any mill, apparatus as approved by the Central Board for the continuous sampliDg of sugar-cane juice for analysis.


As to the Central Board, see s. 16 2nd nctes the,'eto.

94. Powers of cane-testers. For the purposes of this Act a cane-tester shall be entitled at all reasonable times, but so as not to interfere unduly with the work of the mill staff, to use the weigh bridge and the laboratory and such apparatus, equipment and materials of the mill-owner as are necessary.

The mill-owner shall afford to a cane-tester all reasonable facilities for observing and checking weighing, sampling and analysis.

95. Mill-owner to supply information to cane-tester. (1) The owner of a mill shall, at the request of the cane-tester, or, where more than one cane-tester is appointed to that mill, the cane-tester in charge, supply to the cane-tester, or cane-tester in charge, as the case may be, such information as is required to complete the records referred to in subsection (2) of section ninety-two of this Act and to enable such cane-tester or cane-tester in charge, as the case may be, to make the prescribed returns to the Central Board.

(2) Such information shall not be disclosed without the consent of the mill-owner except that a cane-tester or the Central Board may, at the request of any cane-grower or any duly formed group of cane-growers, disclose the tonnage of cane supplied by him or them for the week or period, the average commercial cane sugar content thereof, and such other matters pertaining to his or their deliveries as may reasonably be requested by such cane-grower or group.

Any cane-tester who discloses such information otherwise than in accordance with this subsection, or in the course of giving evidence in any proceedings before the Central Board, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding one thousand dollars, and on conviction of such offence (and without any specific order) shall cease to hold office under this Act as a cane-tester.

As amended by Act of 1966, No. 19, s. 3, Seh. As to the Central Board, see s. 16 and notes thereto.

95. Appointment of check-weighers. ( 1) The cane-growers supplying sugar-cane to a mill may, by agreement amongst themselves, appoint a person or persons to observe and check the weighing of sugar-cane supplied by such cane-growers to such mill.

70 SUGAR Vol. 17

(2) Every person so appointed shall be deemed to be a checkweigher wi thin the meaning of "The Weights and Measures Acts, 1951 to 1958," and all the provisions of those Acts, and of any regulations thereunder, relating to the weighing of agricultural produce and to checkweighers thereof shall be applicable to sugar-cane and to check-weighers appointed under this Act.

Act referred to: Weights and Measures Acts, 1951 to 1967, title WEIGHTS AND

MEASURES.

PART V-BREACHES OF AWARDS AND OTHER OFFENCES

97. Breach of award. (1) If any cane-grower or mill-owner bound by an award contravenes or fails to comply with any of the terms of the award, he shall be guilty of a breach of the award.

(2) If any cane-grower bound by an award fails to deliver his cane to the mill concerned in accordance with this Act and the relevant award, then, in addition to any penalty or punishment to which such cane-grower may be liable under this Act for an offence against this Act or a breach of the award, the owner of the mill concerned may, by his workmen, enter in and upon the lands of the cane-grower and harvest his crop, paying to him the value of the same pursuant to the award after deducting the cost of harvesting and any other expenses incidental thereto.

(3) If any mill-owner fails to accept sugar-cane which has been delivered and which in accordance with this Act and the relevant award should have been accepted by him, then, in addition to any penalty or punishment to which such mill-owner may be liable under this Act for an offence against this Act or a breach of the award, such mill-owner shall be liable to pay to the cane-grower concerned the value of such sugar-cane determined in accordance with the award, or, if no such determination can be made, such reasonable sum as is assessed as the value of such sugar-cane having regard to all relevant circumstances.

Where a complaint is made under this Act for an offence against this Act or a breach of the award constituted by such failure as aforesaid, such value shall be determined or such sum assessed by the court hearing the complaint and that court shall order such value or sum to be paid by the mill-owner to the cane-grower:

Provided that a court may decline to impose any penalty or punishment under section ninety-eight or ninety-nine of this Act or to make any order as aforesaid if satisfied that the mill-owner had reasonable grounds for failing to accept such sugar-cane.

( 4) If any mill-owner fails to make payment for sugar-cane in accordance with this Act and the relevant award, then, where a complaint is made under this Act for an offence against this Act or a breach of the award constituted by such failure as aforesaid, such mill-owner shall, in addition to any penalty or punishment to which he may be liable under this Act for an offence against this Act or a breach of the award, be ordered by the court hearing the complaint to make payment (if he has not already done so) for such sugar-cane at the rate provided in the award and in addition to pay to the cane-grower interest for the period of delay in making such payment, upon the amount of such payment, at such rate not exceeding six per centum per annum as may be determined by that court.


(5) An award shall be deemed to be an agreement entered into between each cane-grower and the mill-owner bound by the award, and nothing contained in this section and no penalty or punishment imposed under section ninety-eight or ninety-nine of this Act shall deprive any person bound by the award of any civil right or remedy against any other person so bound, to compel observance of the award according to its tenor, or in respect of any breach of agreement or otherwise.

The term "person" in this subsection includes any body or association of persons, whether corporate or unincorporate.

As amended by Act of 1966, No. 19, s. 3, Sch. As to the effect of subsection (5), see Powell v. Farleigh Estate Sugar Co. Ltd.

(1919), 27 C.L.R. 219; Millaquin Sugar Co. Ltd. v. Lutz, [1919] St. R. Qd. 25; [1919] Q.W.N. 7.

98. Penalty for breach of award. (1) Any person guilty of a breach of an award shall be liable, in the case of an individual, to a penalty not exceeding two hundred dollars or, in the case of a body corporate to a penalty not exceeding one thousand dollars; and, in addition the court by which the offender is convicted may, on application thereto, or of its own motion, make an order in the nature of an injunction restraining such person from committing any further breach or non-observance of the award.

If such person disobeys the said order, that person shall be liable, in the case of an individual, to imprisonment for a period not exceeding three months or, in the case of a body corporate, to a further penalty not exceeding one hundred dollars for each and every day on which such disobedience takes place.

(2) Where an unincorporate body or association of persons is guilty of a breach of an award, each and every member thereof shall be deemed to be guilty of such breach of the award.

(3) Where, by virtue of the provisions of subsection (2) of this section, a person is, by reason of his being a member of an un incorporate body or association of persons which has committed a breach of an award, convicted of such breach, an order in the nature of an injunction as referred to in subsection (1) of this section may be made against that body or association of persons.

If such body or association of persons disobeys the said order then each and every member thereof shall be liable to the penalty prescribed in the said subsection (1) as applicable in the case of an individual.

( 4) Where a body corporate has committed a breach of an award or has disobeyed an order in the nature of an injunction made under subsection (1) of this section, the managing director, manager, or other governing officer, by whatever name called, of such body corporate, shall also be deemed to have committed such breach or disobeyed such order, as the case may be, and shall be liable to the appropriate penalty prescribed by subsection (1) of this section as applicable in the case of an individual:

Provided that any such person shall not be convicted if he satisfies the Court that the breach was committed or the order disobeyed without his consent or connivance and that he exercised all such diligence as he ought to have exercised having regard to all the circumstances.

As amended by Act of 1966, No. 19, s. 3, Sch.

72 SUGAR Vol. 17

99. Proceedings (or offences and breaches generally. (1) Proceedings for offences against this Act or for breaches of an award shall be by complaint, and shall be heard and determined by a stipendiary magistrate under "The Justices Acts, 1886 to 1960."

Such proceedings may be instituted at any time within twelve months after the commission of the offence or of the breach of the award, or within four months after the commission of the offence or breach of the award, as the case may be, comes to the knowledge of the complainant, whichever is the later.

(2) Any person guilty of an offence against this Act shall be liable, if no specific penalty is prescribed for that offence, to a penalty not exceeding two hundred dollars.

(3) Where an un incorporate body or aSSOClatlOn of persons is guilty of an offence agaiilst this Act, each and every member thereof shall be deemed to be guilty of such offence.

(4) Where a body corporate has committed an offence against this Act, the managing director, manager, or other governing officer, by whatever name called, of such body corporate, shall also be deemed to have committed such offence and shall be liable, in the discretion of the Court, to the appropriate penalty prescribed by this Act for that offence:

Provided that any such person shall not be convicted if he satisfies the Court that the offence was committed without his consent or connivance and that he exercised all such diligence as he ought to have exercised having regard to all the circumstances.

As amended by Act of 1966, No. 19, s. 3, Sch. Act referred to:

Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105. As to appeal, see s. 100.

100. Appeal from stipendiary magistrate. (1) Notwithstanding the provisions of "The Justices Acts, 1886 to 1960," a'ld of any other Act or law no appeal shall lie from a decision of a stipendiary magistrate under section ninety-nine of this Act, except in accordance with the provisions of this section.

(2) An appeal shal! lie from the decision of such stipendiary magistrate to the Chairman of the Central Board, or in his absence from any cause, to such Judge of the Supreme Court as may be appointed in that behalf by the Governor in Council, but shall not lie to the Supreme Court.

(3) Such appeal shall be instituted by the filing with the secretary of the Central Board of a notice of appeal not later than twenty-one days after the decision of the stipendiary magistrate is given, and shall be by way of re-hearing.

( 4) Any party dissatisfied with the decision of the Chairman of the Central Board or of the Judge aforementioned on the appeal, on the ground that such decision is erroneous in point of law or is in excess of jurisdiction, may apply to such Chairman or Judge not later than twentyone days after such decision is given to state a special case for the opinion of the Full Court of the Supreme Court of Queensland (hereinafter in this section referred to as the Full Court). Such Chairman or Judge shall state a special case accordingly unless he considers the application is frivolous or vexatious, in which case he shall so inform the applicant who may, not later than twenty-one days after being so informed, apply


to the Full Court for an order that such Chairman or Judge shall state such special case and, if the Full Court so orders, such Chairman or Judge shall state such special case.

(5) The Full Court, upon any special case stated-(i) shall determine every question of law arising thereon, and

may remit the matter to such Chairman or Judge with its opinion thereon (and such Chairman or Judge shall take action in accordance with that opinion), or may make such other order in relation to the matter as seems proper; or

(ii) may cause such special case to be sent back to such Chairman or Judge for amendment, and thereupon the same shall be amended accordingly, and the Full Court shall then consider the matter as so amended and deal therewith in accordance with the provisions of paragraph (i) of this subsection.

(6) The costs of any special case stated or of any application or order under this section shall be in the discretion of the Full Court.

Act referred to: Justices Acts, 1886 to 1968, title JUSTICES, Vol. 8, p. 105.

As to the Central Board, see s. 16 and notes thereto. As to costs, see also Proserpine Co-operative Sugar Milling Association v.

Bel/bow (1937), 31 Q.J.P.R. 19.

PART VI-GENERAL PROVISIONS

101. Award to be posted up. Every owner of a mill shall keep posted up a true copy of every award in force with respect to that mill, printed in legible characters, in some conspicuous place in or near the main office of his mill.

All cane-growers whose lands are assigned to that mill shall have free access, at all reasonable times, to the copy of every such award so posted up.


102. Oath of office. (l) Before the Chairman (not being a Judge of the Supreme Court or of the District Court) or any member of the Central Board, or the chairman or any member of a Local Board, or the secretary or any officer of the Central Board, or any cane-tester, enters upon the duties of his office, he shall take and sign or make and sign before a justice of the peace an oath or affirmation, as the case may be, that he will faithfully exercise and discharge the powers and duties of his office without fear of or favour to any person, and will not therein wilfully make any false or inaccurate statement, and will not, otherwise than in accordance with this Act, disclose any matter or evidence before the Central or any Local Board relating to-

(i) trade secrets; or (ii) the profits or losses or the receipts or outgoings of any

mill-owner or cane-grower; or (iii) the books of a mill-owner or a cane-grower or a witness

produced before the Central Board or a Local Board; or (iv) the financial position of any mill-owner or any cane-grower

or any such witness;

74 SUGAR Vol. 17

and upon the violation of such oath or affirmation he shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one thousand dollars, and on conviction of such offence and without any specific order shall cease to hold office under this Act:

Provided that any person who has, in accordance with this section, taken an oath or made an affirmation as aforesaid by virtue of his appointment (including any temporary appointment) to any of the ollices aforementioned, may act in any other of such offices (either permanently or temporarily) without taking any further oath or making any further affirmation as aforesaid, but shall, for the purposes of this Act, be deemed to have taken such oath or made such affirmation in relation to such other office and shall be bound by such oath or affirmation accordingly.

(2) Every oath or affirmation of office taken or made under this section shall be filed in the office of the Central Board and may be produced by the secretary, or by any other officer of the Central Board authorised by the Chairman, in any proceeding for an offence against this section. Such oath or affirmation shall, upon its production in evidence and until the contrary is proved, be sufficient evidence that such oath or affirmation was duly made or taken under this Act by the person whose signature it purports to bear.

As amended by Act of 1966, No. 19, s. 3, Sch. As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto.

103. Powers of inspection of records, etc. ( 1) Any member or officer of the Central Board or of a Local Board, acting under the written authority of the Chairman of the Central Board or chairman of the Local Board, as the case may be, but subject always to the oath or affirmation prescribed in section one hundred and two of this Act and to liability for the penalty therein prescribed for any violation of such oath or affirmation, shall be at liberty at all times to enter upon the premises of any mill or the lands of any cane-grower or of any mill-owner who is the holder of an assignment and to carry out surveys, make measurements and observations, and inspect any books, papers, vouchers, chemical and laboratory records, and other documents and records of any mill-owner or cane-grower relating to the manufacture of sugar or the production of sugar-cane, and to take copies of or make extracts therefrom.

The mill-owner or cane-grower referred to in such authority shall, upon the production of such authority by the holder thereof, provide all reasonable facilities for such inspection or other proceeding referred to in such authority, and the mill-owner or the cane-grower, as the case may be, and every servant of such mill-owner or cane-grower, shall furnish to such member or officer all such information in his power as is reasonably required of him.

Any mill-owner or cane-grower or servant of a mill-owner or canegrower who, upon production of such authority, refuses or neglects or fails to comply with the provisions of this section shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding two hundred dollars.

(2) Where the chairman of a Local Board refuses to give his written authority to any member or officer of the Local Board for the purposes of subsection (1) of this section, the person requiring the same may apply to the Chairman of the Central Board who may, if he

REGULA1'ION OF SUGAR CANE BRICES ACTS ss.102-105 75

deems fit, give such authority, which shall for the purposes of subsection ( 1) of this section be deemed to have been given by the chairman of the Local Board.

As amended by Act of 1966, No. 19, s. 3, Sch. As to Local Boards, see s. 6 and notes thereto. As to the Central Board, see s. 16 and notes thereto.

104. Sugar Cane Prices Fund. There shall be established and kept in the Treasury a Fund to be called the Sugar Cane Prices Fund.

The Sugar Cane Prices Fund established and kept under the repealed Acts shall continue and shall be the Sugar Cane Prices Fund under this Act.

105. Assessments on sugar-cane. (1) The Minister may make and levy an assessment of one cent on every ton of sugar-cane received at a mill, or such other sum per ton as the Governor in Council may, at any time and from time to time, fix by Order in Council.

Such assessment shall be paid by the mill-owner to the Minister and shall be based upon the actual number of tons of sugar-cane received at the mill during each season and shall become due and payable immediately upon the termination of such season.

Such assessment shall be borne by the cane-grower and the millowner respectively in equal proportions for every ton so received from such cane-grower.

The amount of the assessment shall be a debt due from the owner of the mill to the Minister and recoverable at the suit of the Minister accordingly, but the mill-owner may deduct from the price of the sugarcane each cane-grower's proportion of such assessment.

For the purposes of this subsection the term "sugar-cane received at a mill" shall mean sugar-cane delivered to that mill and accepted and paid for by the owner of that mill including any sugar-cane the property of that mill-owner so delivered and accepted for which the mill-owner would have been liable to make payment had it been the property of and lawfully delivered to that mill by some other cane-grower.

(2) All assessments levied under this section shall be paid into the Sugar Cane Prices Fund.

(3) All assessments levied under the repealed Acts and not recovered by the Minister as at the commencement of this Act shall remain due and payable to the Minister as if made and levied under this Act, and upon recovery by the Minister shall be paid into the Sugar Cane Prices Fund accordingly.

( 4) A certificate under the hand of the Minister certifying that on any date an amount specified therein was due and owing by the mill-owner specified therein to the Minister as an assessment or part of an assessment made and levied under this section or under the repealed Acts shall, upon its production in evidence and until the contrary is proved, be sufficient evidence of the matters contained in such certificate.

As amended by Decimal Currency Act of 1965, s. 11, Second Schedule. The owner of the mill must pay the assessment on cane grown by himself

and treated in his own mill, Lennon v. Gibson & Howes Ltd., [1919] A.C. 709; 26 C.L.R. 285.

The section applies even though a Local Sugar Cane Prices Board has not been constituted in respect of the sugar mill, Gillies v. Mulgrave Central Mill Co. Ltd., [1923] St. R. Qd. 22; [1923] Q.W.N. 8.

76 SUGAR VoI.17

106. Application of Fund. The Sugar Cane Prices Fund, including all moneys contained in that Fund immediately prior to the commencement of this Act, but excluding any trust moneys held in that Fund pursuant to section thirty-five of the repealed Acts or section eighty-two of this Act, may be applied for the payment of-

(a) all expenses incurred, whether before or after the commencement of this Act, by the Governor in Council, the Minister, the Central Board and every Local Board (including any remuneration of persons appointed under the repealed Acts or under this Act) in the execution of the repeaJed Acts or of this Act, but shall not, without the consent of the Central Board, be charged with the costs of any legal proceedings between a mill-owner and a canegrower;

(b) expenses of Queensland representatives of the sugar industry reasonably incurred, whether before or after the commencement of this Act, in attending any conference called or brought about by the State or by the Commonwealth or by any body or association of persons recognised by the Governor in Council in that behalf and having relation to the preservation or betterment of the sugar industry or the price of sugar-cane or of sugar;

(c) expenses incurred by the Governor in Councilor the Minister under the repealed Acts or under this Act or otherwise, whether before or after the commencement of this Act, for the general benefit of the sugar industry, other than expenses incurred under "The Sugar Experiment Stations Acts, 1900 to 1959";

(d) all sums recovered against the Crown by process of law or adjudged or ordered to be paid by the Crown or agreed to be paid by the Crown under any compromise or agreement in any legal proceedings by way of compensation or damages or costs or otherwise, and whether before or after the commencement of this Act, and all costs, charges and expenses incurred by the Crown in any legal proceedings, and not otherwise recoverable by the Crown, in consequence of or in relation to the execution of any of the provisions of the repealed Acts or of this Act, or purporting so to be;

(e) any amounts certified by the Chairman of the Central Sugar Cane Prices Board under section fifteen of the repealed Act, or by the Chairman of the Central Board under section seventy-six of this Act.

Act referred to: Sugar Experiment Stations Acts, 1900 to 1965, p. 89, post.


107. Administration and audit of Fund. The Sugar Cane Prices Fund shall be administered by the Minister and shall be audited from time to time by the Auditor-General.

108. Returns by mill-owners and cane-growers. (1) Every mill-owner shall, not later than the prescribed date in each and every year, furnish to the Central Board such returns as may be prescribed by the regulations.


(2) Every cane-grower thereunto required by the Central Board by notice in writing shall, not later than the prescribed date in each and every year, furnish to the Central Board such returns as may be prescribed by the regulations.

(3) Any mill-owner or cane-grower who fails to furnish duly to the Central Board any prescribed return or who furnishes to the Central Board any such return which is to his knowledge false or misleading in a material particular, shall be guilty of an offence against this Act and shall be liable, in the case of a mill-owner, to a penalty not exceeding five hundred dollars, or, in the case of a cane-grower, to a penalty not exceeding one hundred dollars.

( 4) Every return under this section shall be verified by statutory declaration under "The Oaths Acts, 1867 to 1959."

(5) Unless the Central Board otherwise determines in any particular case or class of cases, every such return shall be treated as confidential, and the contents thereof shall not be divulged.

Where the Central Board determines that any such return or returns shall be open to inspection by any person who is a party to any inquiry pending before that Board or any representative of such person, the Chairman may administer an oath to or take an affirmation of secrecy from such person, and any person who, except in the course of giving evidence before the Central Board violates any oath or affirmation of secrecy taken or made by him under this subsection shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one thousand dollars.

( 6) Every oath or affirmation of secrecy taken or made under this section shall be filed by the secretary in the office of the Central Board and may be produced by the secretary in any proceeding for an offence against this section. Such oath or affirmation shall, upon its production in evidence and until the contrary is proved, be sufficient evidence that such oath or affirmation was duly made or taken under this Act by the person whose signature it purports to bear.

As amended by Act of 1966, No. 19, s. 3, Sch. Act referred to:

Oaths Acts, 1867 to 1960, title OATHS, Vol. 13, p. 321. As to the Central Board, see s. 16 and notes thereto.

109. Facilitation of proof. (1) An office copy of, or a copy of the Gazette containing, or a document certified under the hand of the secretary of the Central Board and purporting to be a copy of an award (or of any variation or variations of any award), approval, decision, declaration, determination, direction, exemption, order, or other act of authority of the Central Board or a Local Board, or the Chairman of the Central Board, or the chairman of a Local Board, shall be received in all courts and tribunals and before all persons as evidence of such award, approval, decision, declaration, determination, direction, exemption, order, or other act of authority without further proof, and it shall not be necessary to prove compliance with any condition precedent entitling the Central Board or Local Board or Chairman of the Central Board, or chairman of the Local Board, as the case may be, to make such award, approval, decision, determination, direction, exempti.on, or order, or do such act.

78 SUGAR VoI.17

(2) In any proceeding under or for a purpose of this Act-(a) it shall not be necessary to prove the appointment of any

person under this Act; (b) a signature purporting to be the signature of any person

holding any office under this Act shall be taken to be the signature it purports to be, until the contrary is proved;

(c) the averment in any complaint of the date on which the commission of any offence against this Act, or of any breach of an award, came to the knowledge of the complainant shall, until the contrary is proved, be sufficient evidence of such matter.


110. Orders in Council. (1) No Order in Council purporting to have been made by the Governor in Council under this Act, and being within the powers conferred on the Governor in Council by this Act, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same.

(2) No misnomer or inaccurate description in or omission from any Order in Council made under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter, provided the same is designated so as to be understood.

111. Regulations. (1) The Governor in Council may, from time to time, make such regulations, not inconsistent with this Act, prescribing all matters and things which are necessary or convenient for carrying out or giving effect to this Act, and without limiting the generality of the foregoing provisions of this subsection, in particular prescribing-

(a) forms under this Act and the respective purposes for which such forms or forms to the like effect shall be used;

(b) the keeping by mill-owners of books and records (including chemical and laboratory records) relating to matters arising under this Act;

(c) the keeping by cane-growers of books and records relating to matters arising under this Act;

(d) returns under this Act and the particulars to be contained in such returns, and the methods and times of making such returns;

(e) fees for any application or notice or return under this Act, and for inspection of any register or record, and for the making and supply of any copy thereof or extract therefrom;

(f) fees and allowances to persons appointed under this Act; (g) rules for the initiation and conduct of proceedings before

the Central Board and Local Boards; (h) the powers, authorities and duties of the secretary and

officers of the Central Board; (i) the powers, authorities and duties of the Cane Tester

Examining Board; (j) additional duties of cane-testers; (k) rules for the appointment of check-weighers; (1) the powers, authorities and duties of check-weighers;


(m) the methods of calculation of the commercial cane sugar content of sugar-cane;

(n) procedures for taking an analysis of samples of sugar-cane and sugar-cane juice;

(0) all matters and things necessary or convenient to be prescribed with respect to the Sugar Cane Prices Fund;

(p) the amount of any penalty for any breach of the regulations, which penalty shall not exceed, in any particular case two hundred dollars;

(q) all matters and things required or permitted by this Act to be prescribed.

(2) Subject to the provisions of subsection (8) of section fifty-eight of this Act, where any regulation under this Act conflicts with a provision of any award in force under this Act at the time of the making of such regulation, the provisions of the award shall prevail.

(3) Regulations may be made under this Act at any time after the passing hereof.

( 4) The power to make regulations under this Act with respect to any matter or thing shall include power to make regulations prohibiting that matter or thing either generally or to meet particular cases.

As amended by Act of 1966, No. 19, s. 3, Sch. For Regulations, see Table of Contents, p. 7, ante. As to validity of regulations generally, see Preliminary Note to title ACTS

OF PARLIAMENT, Vol. 1, p. 72. The extent of the regulation-making powers under the corresponding section

of the repealed Act was considered in Colonial Sugar Refining Co. Ltd. v. Attorney-General, [1916] St. R. Qd. 278; [1916] Q.w.N. 37.


112. Publication of Proclamations, etc. ( 1 ) Every Proclamation, Order in Council and regulation made under this Act shall-

(i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and

such publication shall be conclusive evidence of the matters contained therein;

(iii) take effect from the date of such publication unless, in the case of any such Order in Councilor regulation, a later date is specified in that or in any other Order in Councilor regulation for its commencement when in such event it shall take effect from that later date; and

(iv) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council or regulation has been laid before it disallowing such Proclamation, Order in Councilor regulation or part thereof, that Proclamation, Order in Councilor regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Councilor regulation.

Documents

THE REGULATION OF SUGAR CANE PRICES ACTS, … · THE REGULATION OF SUGAR CANE PRICES ACTS, 1962 to 1966 ... owning or having the control of a mill: The term, where necessary,