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©State of Queensland
QUEENSLAND
MILK SUPPLY ACT AMENDMENT ACT 1983, No. 25
[Reprinted as at 1 January, 1984]
An Act to amend the Milk Supply Act 1977-1981 in certain particulars [ASSENTED TO 19 APRIL, 1983]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by rt:he authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title and citation. (1) This Act may be cited as the Milk Supply Act Amendment Act 1983.
(2) In this Act the Milk Supply Act 1977-1981 is referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the Milk Supply Act 1977-1983.
2. Arrangement. This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-2);
PART II-AMENDMENT OF MILK SUPPLY ACT (ss. 3-7);
PART III-TRANSITIONAL PROVISIONS {ss. 8-13).
PART II-AMENDMENT oF MILK SUPPLY AcT 3-7. Amended Principal Act.
PART III-TRANSITIONAL PROVISIONS
8. Application of this Part. The provisions of this Part apply where on or after 24 February, 1982 and before the commencement of this Act a producer holding a market milk entitlement (in this Part called "the diverting producer") has ceased to supply milk to one processor (in this Pal'lt called "the former processor") and has commenced to supply milk to another processor (in this Part called "the new processor").
9. Validity of determination. Any determination by the Milk Entitlements Committee established under the Principal Act varying the market milk entitlement of the former processor or the new processor in consequence of an event referred to in section 8, which determination has not been set aside or otherwise dealt with by a court of competent jurisdiction or the Milk Appeals Tribunal shall be, and shall be deemed always to have been, valid and effective.
2 ss. 10-13 MILK SUPPLY ACT AMDT ACT 1983
10. Amounts payable for entitlements retained. Where in consequence of an event referred to in section 8, the market milk entitlement of a former processor has been reduced by a number of litres which is less than the market milk entitlement of the diverting producer when supplying the former processor, the former processor is liable to pay to the diverting
producer a sum calculated by-
(a) subtracting from the diverting producer's market milk entitlement when supplying the former processor the number of litres by which the former processor's market milk entitle- ment has been so reduced; and
(b) multiplying the result of such subtraction by $50 per litre.
11. Deductions from amounts payable under s. 10. Any amount payable by a former processor to a diverting producer in accordance with section 10 shall be reduced by-
( a) the amount of any moneys owed by the diverting producer to the former processor in respect of the market milk entitle- ment of il:he diverting producer when supplying the former processor; and
(b) the amount of any moneys which, before the commencement of this Act, were paid by the former processor to or for il:he diverting producer in consequence of the retention by the former processor, as part of its market milk entitlement, of a quantity equivalent to part of the diverting producer's market milk entitlement.
12. Refund by overpaid producer. If, in the circumstance referred to in paragraph (b) of section 11, a former processor has paid to a diverting producer, before the commencement of this Act, an amount in excess of the amount which would be payable to the producer pursuant to sections 10 and 11, the diverting producer shall repay the former processor the amount of the excess.
13. Recovery of moneys. Any amount of money payable pursuant to section 10, 11 or 12 shall be paid within a period of one calendar month after the commencement of this Act and shall be recoverable in any court of competent jurisdiction by way of action for a debt due and owing to the person to or for whom the money is required to be paid by the person by whom the money is required to be paid.
5S6S4-By Authority: S. R. HAMPSON, Government Printer, Queensland
