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©State of Queensland
QUEENSLAND
TOBACCO INDUSTRY STABILISATION ACT 1965-1972
[Reprinted as at 1 September, 1983]
Tobacco Industry Stabilisation Act of 1965, No. 57 As amended by
Metric Conversion Act 1972, No. 31, Part ll, First Schedule
Part II and First Schedule in relation to this Act commenced 23 July 1973 (Proc.
pubd. Gaz. 21 July 1973, p. 2150).
An Act Relating to the Stabilisation of the Tobacco Industry [ASSENTED TO 17 DECEMBER, 1965]
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 the authority of the same, as follows:-
PART I-PRELIMINARY
1. (1) Short title. This Act may be cited as "The Tobacco Industry Stabilisation Act of 1965."
(2) Commencement of Act. (a) This Act shall come into operation on the day on which the Tobacco Marketing Act 1965 of the Common- wealth comes into ope11ation.
(b) If the Tobacco Marketing Act 1965 of the Commonwealth came 1nto operation on a day earlier than ,the date on which this Act received the Royal Assent, this Act shall be deemed to have come into force on that earlier day and shall operate retmspectively accordingly:
P.rowded that an aot or omission which con.g,titutes an offence against this Act which occurred before the date on which this Act received the Royal .ASisent shall be deemed not to constitute an offenoe against this Aot.
Collective title conferred by Act of 1972, No. 31, s. 6 First Schedule.
Commenced 4 December 1965, being the date the Tobacco Marketing Act 1965 (Commonwealth) came into operation.
z.
Parts. This Act is divided into Parts as follows:- PART I-PRELIMINARY (ss. 1-7);PART II-POWERS OF CoMMONWEALTH BOARD (ss. 8-9);
PART III-ToBAcco QuoTA CoMMITTEE (ss. 10-25);
PART IV-TOBACCO QUOTA APPEALS TRIBUNAL (ss. 26-39);
PART ¥-REGULATION OF TOBACCO QUOTAS (ss. 40-47);
2 ss. 3·5 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
PART VI-ADJUSTED QuoTAs AND RIGHTS oF QuoTA HoLDERs
( ss. 48-49) ;
PART VII~GENERAL (ss. 50-56).
3. Primary Producers' Organisation and Marketing Acts preserved.
This Aot shall be read and construed with "The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," ·and all Proclamations, Orders in Council and regulations thereunder for the time being in force, (to the extent to which they relate to The Tobacco Leaf Marketing Board and to tobacco leaf, or to either) and the provisions of "The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," ·and of all Proclamations, Orders in Council and regulations thereunder (to the extent to which they relate to The Tobacco Leaf Marketing Board and to tobacco leaf, or to either) shall, •save insofar •as they are inconsistent with the express provisions of this Act, continue to appy to and with respect to The Tobacco Leaf Marketing Board ·and to tobacco leaf and to tobacco growers and all persons and matters to or with respect to whom or which those provisions apply at the coming into operation of this Act.
4. Application of this Act. This Act applies in relation to--
(a) •tobacco leaf grown in Queensland and held by ·any person other than a tobacco manufacturer on the date of the coming into opemtion of this Act; and
(b) .1Jobacco leaf harvested in Queensland in the season which commenced on the first day of July, 1965, and all subsequent seasons.
5. Functions of State Board under Commonwealth Act and tbis Act.
( 1) For the purposes of the Commonwealth Act the State Board shall from time to time as occasion requires, nominate to the Minister two or more of its members, being members elected by tobacco growers, and one of the members so nominated shall be nominated by the Minister to the Commonwealth Minister for appointment as the member of the Commonwealth Board representing tobacco growers in this State and another of the members so nominated by the State Board shall be nominated by the State Minister to the Commowealth Minister for appointment a:s the deputy of such member of the Commonwealth Board.
(2) The State Board may act as 'agent of the Commonweal•th Board.
( 3) Subject only to such terms and conditions as may from time to time be determined by the Commonwealth Board during the operation of section eight of this Act, the State Board shall receive, ~tore, handle or sell or offer for sale all quota tobacco leaf produced in Queensland and may enter into such contvacts or arrangements with a tobacco leaf marketing board of 'another State to receive, store, handle and or sell or offer for sale quotJa tobacco leaf produced in such other State.
( 4) (a) Subject to paragraph (b) of thls subsection, the State Board may receive, store, handle, or sell or offer for sale non-quota tobacco leaf produced in Queensland and may enter into contracts or
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 6, 7 3
arrangements with a t9bacco leaf marketing board of another State to receive, store, handle or sell or offer for sale non-quota tobacco leaf produced in such other State.
{b) During the operation of section eight of this Act
tlre
State Board shall not sell or offer for sale 'any non-quota tobacco leaf unless with the approval of the Commonwealth Board.(5) Notwiths,tanding the provisions of "The Primary Producers' Organisation and Marketing Acts, 1926 to 1965," or of any Proclamation, Order in Council or regulation thereunder the State Board shall at all times be at liberty to refuse to accept delivery of ·any non-quota tobacco leaf.
6. Act to apply subject to Constitution. (1) If by reason of the Constitution of the Commonwea]ith, a provision of this Act, or a notice under a provision of this Act, cannot validly ·apply in relation to any particular tobacco leaf or class of tobacco leaf, that provision or notice shall be construed as intended to oper~te in relation to all tobacco leaf in rel1ation to which it purports to apply, being tobacco leaf in relation to which it oan validly apply.
(2) Subsection ( 1) of this section is in addition to, and not in substitution for, 1any other provision .relating to the construction of Acts and statutory instruments subject to the Constitution.
7. Definitions. In this Act unless the context otherwise indicates or requires, the following terms 'shall have the meanings set against ·them respectively, that is to say-
"Appeals Tribunal"-The Tobacco Quota Appeals Tribunal constituted under this Act;
"Appmpriate State Minister"-In relation to ·a State wherein tobacco leaf is produced, the Minister of State of that State who administers the Department in that State dealing with agricultural matters and includes a Minister of State of that State acting on behalf of that Minister;
"Australian tobacco quota"-The quantity of tobacco leaf, of those grades stipulated by the Commonwealth Board, which the Commonwealth Minister d~lares from time to time to be the Australian tobacco quota;
"Committee"-The Tobacco Quota Committee constituted under this Act;
"Commonwealth Act"-The Tobacco Marketing Act 1965 of the Commonwealth and includes any Act amending or in substitution for that Act;
"Commonwealth Board"-The Australian Tobacco Board esvab- lished under the Tobacco Marketing Act 1965 of the Commowealth;
"Commonwealth Minister"-The Minister of State for the time being ·administering the Commonwealth Act, or another Minister of State of the Commonwealth acting for and on behalf of that Minister;
4 s. 7 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
"Grower's adjusted quota"-A grower's adjusted quota deter- mined by the Committee in accordance with this Act;
"Grower's basic quota"-A grower's basic quota allocated by the Committee in accordance with this Act;
"Minister"-The Minister for Primary Indus·tries or other Minister of the Crown for the time being charged with the administra- tion of this Act: The term includes a Minister of the Crown temporarily performing the duties of the Minister adminis- tering this Act;
"Non-quota tobacco leaf"-Any tobacco leaf which does not form part of the Australian tobacco quota;
"Person"-Includes any partnership or firm and any body of persons, corporate or unincorpoate;
"Quota tobacco leaf"-Any tobacco leaf w~thin the Australian tobacco quota;
"Season"-In relation to tobacco leaf, any period of twelve consecutive months, commencing on the first day of July, during which tobacco leaf is harves•ted;
"Shortfall"-
(a) in relation to an individual quota farm, the amount in any one calendar year by which the grower's basic quota for that farm exceeds the quantity of quota tobacco leaf available from that farm;
(b) <in relation to a selling floor district, the amount in any one calendar year by which the total of growers' basic quotas for that selling floor district exceeds the quantity of quota tobacco leaf available within that selling floor district;
(c) in relation to a State, the amount in any one calendar year by which the State tobacco quota exceeds the total of quota tobacco leaf available within that State; and
(d) in relation to Australia, the amount in any one calendar year by which the Australian tobacco quota exceeds the total of quota tobacco leaf available in Australia;
"State Board"-The Tobacco Leaf Marketing Board constituted under "The Primary Producers' Organisation and Marketing Acts, 1926 to 1965";
"State tobacco quota"-Such quantity of tobacco leaf as may from time to time be agreed by the Aus·tralian Agricultural Council or the Ministers who are members of such Council as the quantity of tobacco leaf which shall be Queensland's share of the Australian tobacco quota;
"Tobacco Leaf"-Leaf of the tobacco plant that has been cured, burt has not been subjected to any process of manufacture
other than drying or re-drying.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 8-10 5
PART 11-PowERS OF CoMMONWEALTH BoARD
8. Powers of Board. For the purpose of giving effect to such policy with respeot to the marketing of Australian tobacco leaf as is from time to time agreed upon between the Commonwealth, the State and any other States that are declared by the Commonwealth Minister to be tobacco- growing States, the Commonwealth Board, by instrument in writing, may give directions to .the State Board with respect to the sale or other disposal by the State Board of Australia tobacco leaf and, in particular, without limiting the generaHty of the foregoing, may direct the State Board not to sell Australian tobacco leaf of a grade specified in the instrument at 'a price less than such price as is specified in the instrument in relation to that grade, and, while the instrument remains in force, the State Board shall comply with the directions contained in the instrument.
9. Suspension of s. 8. The Governor in Oouncil may by Order in Council at 'any time suspend the operation of section eight of this Aot.
PART Ill-TOBACCO QUOTA COMMITTEE
10. Appointment of Committee. (1) For the purposes of this Act there shall be a Tobacco Quota Committee which shall have the functions, powers, authol'ities and duties conferred or imposed upon it by this Aot.
(2) The Tobacco Quota Committee shall consist of four membern appointed by the Minister by notification published in the Gazette, namely-
(a) A Tepresentative of the Department of Primary Industries who shall be Chairman;
(b) Three representatives of tobacco pr.oducers who shall be nominated by ·the State Board as follows:-
(i) (where the basis of representation is prescribed by regula- tion under this Act) in accordance with such regulation;
•and
(ii) (where the basis of ·representation is not so prescribed), f11om 'among the elected members of the State Board for the time being in office:
Provided that in the event of the failure of the State Board to nominate 'a sufficient . number of representatives of tobacco producern the Minister may appoint ·a sufficient number of persons who shall be deemed to have been nominated by the State Board.
( 3) Where by or under any Act it is provided that the holder of any office shall devote the whole of his time to the duties of such office or shall be prohlbited from engaging in employment other than such office, such provision shall be conS>trued so as not to disqualify such holder from holding that office and ·also the office of 'a member of the Committee or from receiving ·and retaining any salary, ·allowance or expenses payable to him •as a member of the Committee.
6 ss. 11-14 TOBACCO INDUSTRY STABILISATION ACT 1965.-1972
11. Term of office of members. (1) Subject to the provisions of section twelve of this Act, the persons other than 'the Chairman appointed as members of the Tobacco Quota Committee for the fkst term shall hold office from the date of appointment until and including the thirty-first day of December, one thousand nine hundred and sixty-eight,
·and members other than the Chairman appointed for any subsequent te·rm shall hold office for such period as may be prescribed.
(2) The Chairman of the Tobacco Quota Committee shall hold office during -the pleasure of the Minister.
12. (1) Disqualification from office. A person who-
(a) is ·an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy; or (b) has been convicted of an indictable offence; or
(c) is a patient within the meaning of "The Mental Health Acts, 1962 to 1964,"
shall not be capable of being or continuing to be a member of the Committee.
(2) Vacation of office. A member of the Committee shall be deemed to have vacated his office ~as such if he-
{a) dies; or
(b) is absent from three consecutive meetings of the Committee, of which due notice has been given to him, without leave g1.1anted by the Chairman; or
(c) resigns such office by writing under his hand delivered to the Chairman.
Where the Governor in Council is sati;sfied that a member of the Committee has contravened or failed to comply with any provision relating to tobacco leaf of ·any Act or with any provision of this Act he may, whether or not such member has been convicted of such contraven-
·tion or failure, vacate the office of such member.
13. Filling of vacancies. In the event of any vacancy arising in the membership of the Committee through any cause whatsoever, the Minister may appoint 'another person as a member for the unexpired portion of the term of office of his predecessor and any such appointment shall be made in ·the same manner as is provided in section ten of this Act for the •appointment of members.
14. (1) Acting chairman. The Minister may from time to time appoint 'any member of the Committee to be the acting chairman of the Committee.
(2) Presiding at meetings. The Chairman shall preside at all meetings of the Committee at which he is present.
If the Chairman is unable for any reason to attend any meeting of the Committee, ·the ·acting chairman (if any) shall preside at the meeting.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 15-18 7
If both the Chairman and the acting Chairman (if any) are absent from any meeting of the Committee, the members present shall appoint
one of ~their number to IJ["eside at the meeting.
The person presiding at a meeting of the Committee shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote.
15. Deputy for member. The Minister may at any time appoint a deputy for any member of >the Committee and any deputy so appointed shall in the absence of the member for whom he acts have the powers and authorities and shall perform the duties of the member whose deputy he is.
Without limiting the aforegoing, the deputy of the member who is the Chairman of the Committee shall also perform the duties and have the authorities of the Chairman.
16. Notice and adjournment of meeting. (1) All meetings of the Committee shall be convened by the Chairman who shall cause at least two days' notice to be given in writing to each member.
For the purposes of this subsection notice by telegram shall constitute sufficient notice in writing.
The Committee may unanimously decide that shorter notice may be given of any meeting either generally or in a particular case.
( 2) The Chairman or the person acting as chairman may at any time during the course of any meeting of the Committee adjourn such meeting until such time and to such place as may be decided by the meeting.
17. Quorum. At any meeting of 'the Committee, three members shall constitute a quorum.
If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them or any one member, if only one is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment:
Provided that nothing in this Act shall be construed so as to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.
18. Voting. ( t) At any meeting of the Committee all questions shall be decided by a majority of votes of the members present.
If a member fails or refuses to vote he shall be deemed to have voted in the negative.
(2) Notwithstanding the provisions of sections sixteen and seventeen of this Act and subsection ( 1 ) of this section, the Chairman of the Committee may at any time refer any question requiring the consideration of the Committee to all members of the Committee in writing and any decision made in writing by a majority of the members of the Committee
8 ss. 19-23 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
shall have the same force and effect as a decision made at a properly constituted meeting. For the purposes of this subsection a reference by telegram shall constitute a sufficient reference in writing.
( 3) An act or proceeding of the Committee shall not be invalid or illegal in consequence only of the number of members of the Committee not being complete at the time of such act or proceeding.
( 4) No member of the Committee shall at any time exercise a vote in respect of the allocation, re-allocation, transfer, review, forfeiture or reduction of any grower's basic quota in respect of which he holds any pecuniary interest, and any member who holds any such interest shall declare such interest to the Committee and shall vacate any meeting of the Committee during any discussion concerning such grower's basic quota.
19. Sub-committee. The Committee may at any time appoint a sub-committee from among its members to examine and recommend to the Committee any matter or thing relevant to its functions as defined in tllis Act.
20. Minutes. (1) The Chairman of the Committee shall cause a record to be kept of all decisions of the Committee whether made at a duly constituted meeting or by reference in writing and such record shall be presented to the duly convened meeting of the Committee immediately following, for confirmation as to its correctness and shall thereupon be signed by the Chairman and thereupon shall form part of the official minutes of the Committee.
(2) Any record of a decision contained in such minutes may be tendered as evidence of such decision by the Committee at any hearing by the Appeals Tribunal or in any Court and shall be judicially noticed.
21. Fees and expenses. The members of the Committee, including the Chairman, shall be entitled to receive such allowances, fees and expenses as may from time to time be approved by the Minister.
22. Finance. (1) All costs including any allowances, fees and expenses associated with the functions and operation of the Committee shall be a charge against the State Board and shall be recoverable from the State Board.
(2) Any charges imposed on the State Board by virtue of this section shall be deemed to be a marketing expense incurred by the State Board under and for the purposes of "The Primary Producers' Organisation and Marketing Acts, 1926 to 1965."
23. Accounts. (1) The Chairman of the Committee shall cause true and regular accounts to be kept of all sums of money received and paid by or on behalf of the Committee for or on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid:
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 24-26 9 Provided that with the approval of the Minister the Chairman may arrange for the keeping of such accounts on behalf of the Committee by the State Board (which is hereby thereunto authorized). ·
( 2) Such accounts as are kept in accordance with subsection ( 1) of this section shall be audited by the Auditor-General or by a person appointed by the Auditor-General.
The Auditor-General shall have with respect to such accounts all the powers conferred on him by "The Audit Acts, 1874 to 1965".
24. Staff. The Committee may appoint a secretary and such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act.
Subject to the approval of the Minister, an officer of the Public Serivce may, in addition to the position which he holds therein, be appointed also the secretary to the Committee or an officer of the Committee.
The Committee may with the approval of the Minister, arrange with the State Board, which is hereby thereunto authorized, for the pel'formance of secretarial and other duties in relation to the Committee.
25. Powers of Committee. The Commi,ttee shall, with respect to the functions conferred upon it by this Act, or the regulations hereunder, have power and authority from time to time to take such action and to obtain such information as in its. opinion is necessary or expedient for the carrying into execution of the objects and intentions of this Act, and in particular but without in any way Hmiting the generality of the powers aforesaid may---
(a) obtain the assistance of technical or other advisers. who in the opinion of ·the Committee may be able to furnish information or advice which would be of assistance to the Committee in the performance of its functions, and defray such costs as may be incurred in obtaining such assistance;
(b) notwithstanding the provisions of "The Primary Produ~cers'
Organisation and Marketing Acts, 1926 to 1965," or any Order rin Council or regulation under these Acts, require the State Board to furnish any iriformation or copy of any record, document or writing which in the opinion of the Committee is relevant to any matter before it and which is in the possess,ion of or is known to the State Board, or its agents, and the State Board or its agents shall at all vimes make such information or copy of such record, document or writing available to the Committee.
PART IV-ToBAcco QuoTA APPEALS TRIBUNAL
26. Appointment of Appeals Tribnnal. (1) For the purposes of this Act, there shall be a Tobacco Quota Appeals Tribunal which shall have the functions, powers, authorities, and duties conferred or imposed upon it by this Act.
10 ss. 27, 28 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
(2) The Appeals Tribunal shall consist of three members appointed by the Governor in Coundl by notification published in the Gazette,
namely:-
(a) A barrister-at-law, a Stipendiary Magistrate, or a person who has been a Stipendiary Magistrate, who shall be Chairman;
(b) A person nominated by the Minister who shall be well versed in matters relating to the tobacco industry and who shall not directly or indirectly by himself or his partner or partners have any pecuniary interest in the production, sale or manufacture of tobacco leaf;
(c) A person to be selected by the Minister from a panel of three persons nominated by the State Board:
Provided that a member of the Legislative Assembly of Queensland or of the Parliament of the Commonwealth shall not be qualified to be, or to act as a member of the Appeals Tribunal.
In the event of the failure or refusal by the State Board to nominate a panel of three the Governor in Council may appoint any person to be the third member of the Tribunal.
27. Term of office of members. Subject to this Act the persons appointed as members of the Appeals Tribunal for the first term shall hold office from the date of appointment until and including the thirty- first day of December, one thousand nine hundred and sixty-eight, and members appointed for any subsequent term shall hold office for such period as may be prescribed.
28. ( 1) Disqualification from office. Any person who-
( a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankruptcy;
(b) has been convicted of an indictable offence;
(c) is a patient within the meaning of "The Mental Health Acts, 1962 to 1964",
shall not be capable of being or continuing to be a member of the Appeals Tribunal.
(2) Vacation of office. A member of the Appeals Tribun·al shall be deemed to have vacated his office as such member if he-
(a) dies; or
(b) is absent from three consecutive sittings of the Appeals Tribunal without leave granted by the Chairman;
(c) resigns such office by writing under his hand delivered to the Chairman;
(d) (where he was nominated by the Minister in accordance with paragraph (b) of subsection (2) of section twenty-sb( of this Act) is directly or indirectly interested by himself in, or he or his partner or partners have a pecuniary interest in, the production, sale or manufacture of tobacco leaf.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 29-34 11
Where the Governor in Council is satisfied that a member of th'~
Appeals Tribunal has contravened or failed to comply with any provision relating to tobacco leaf of any Act or with any provision of this .Act he may, whether or not such member has been convicted of ;.;uch contravention or failure, vacate the office of such member.
29. Fining of vacandes. In the event of any vacancy arising in the membership of the Appeals Tribunal through any cause whatsoever, the Governor in Council may appoint another person as a member for the unexpired portion of the term of office of his predecessor, and any such appointment shall be made in the same manner as is provided in section twenty-six of this Act.
30. Acting chairman. The Governor in Council may at any time appoint a person qua1ified in accordance with paragraph (a) of subsection (2) of seotion twenty-six o£ this Act to act temporarily as Chairman of Li.e Appeals Tribunal during any absence of the Chairman, and whilst so acting he shall have all the powers and perform all the duties of the Chairman.
31. Acting member. The Governor in Council may at any time appoint a pe11son to act in the place of a member of the Appeals Tribunal during any absence of the member and any person so appointed shall during any absence of the member for whom he acts have the same
powers and authorities as the member for whom he so acts.
32. Fees and expenses. The members of the Appeals Tribunal including the Chairman shall be entitled to receive such allowances, fees and expenses as may from time to time be approved by the Governor in Council.
33. Notice and adjournment of sittings. (1) All sittings of the Appeals Tribunal shall be convened by the Chairman who shall cause at least two days' notice to be given in writing to each member.
For the purposes of this subsection notice by telegram shall constitute sufficient notice in writing.
(2) The Chairm.an or in the event of an acting Chairman having been appointed, the acting Chairman, may adjourn any sitting from time to time and from place to place.
34. Quorum. At any sitting of the Appeals Tribunal any two members shall constitute a quorum provided that the Chairman, or in the event of an acting chairman having been appointed the acting chairman, is one of the members present, and all the powers and authorities of the Appeals Tribunal shall be exercisable at any sitting thereof at which a quorum is present.
12 ss. 35-39 TOBACCO INDUSTRY STABILISATION ACT 1965-1972 35. Decisions. (1) At any sitting of the Appeals Tribunal all questions shall be decided by a majority of the members present.
(2) The member appointed in accordance with paragraph (c) of subsection (2) of section twenty-six of this Act shall not take part in proceedings of the Tribunal in respect of any matter relating to any grower's basic quota in which he holds any precuniary interest.
( 3) In the event of only two members being present at a sitting of the Appeals Tribunal and failing to agree on any matter, such matter shall be referred to the next sitting of the Appeals Tribunal.
36. Record of decisions. (1) The Chairman of the Appeals Tribunal shall cause a record signed by him to be kept of all decisions of the Appeals Tribunal.
( 2) Any such record purporting to be under the hand of the Chair- man shall be evidence of the decision in question and until the contrary is proved, shall be conclusive such evidence.
37. Finance. (1) All costs including any allowances, fees and expenses associated with the functions and operation of the Appeals Tribunal shall be a charge against the State Board and shall be recoverable from the State Board.
( 2) Any charges imposed on the State Board by virtue of this section shall be deemed to be marketing expenses incurred by the State Board under and for the purposes of "The Primary Producers' Organisation and
Marketing Acts, 1926 to 1965."
38. Staff. The Appeals Tribunal shall appoint or arrange for the services of a secretary and may appoint or arrange for the services of such other officers as may in its opinion be necessary for the proper performance of its functions and duties under this Act.
Subject to the approval of the Minister and officer of the Public Service may in addition to the position which he holds therein, be appointed also the secretary to the Appeals Tribunal or any officer of the Appeals Tribunal.
The Appeals Tribunal may with the approval of the Minister arrange with the State Board, which is hereby thereunto authorized, for the performance of secretarial and other duties in relation to the Appeals Tribunal.
39. Powers of Appeals Tribunal. (1) For the purpose of exercising its functions under this Act the Appeals Tribunal shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under "The Commissions of Inquiry Acts, 1950 to 1954,"
except such as are limited to a Chairman of such a Commission who is a Judge of the Supreme Court.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 40-43 13
(2) Any witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such scale as may be prescribed or in the absence of a prescribed scale as may be determined by the Chairman of the Appeals Tribunal.
PART V-REGULATION OF TOBACCO QUOTAS
40. Determination of grower's basic quota. Any person who desires to be allocated a grower's basic quota shall make application in the prescribed form and in the prescribed manner to the Chairman of the Committee.
Upon consideration of such an application the Committee may- (a) refuse the application; or
(b) grant to the applicant a grower's basic quota.
41. Grower's basic quota to attach to land and holder. A grower's basic quota shall attach to both the person to whom it is allocated and to the land specified in such allocation. Any tobacco leaf produced by such person on any land other than the land specified in the allocation of a grower's basic quota shall not form part of that grower's basic quota or that grower's adjusted quota.
42. Qualifications of quota holders. A person shall not be qualified to hold a grower's basic quota unless-
( a) he is the owner or lessee of the land to which the quota is to be attached; or
(b) he satifies the Committee that his interest in such land is such that the holding by him of a grower's basic quota would be fair and reasonable.
43. Transfer of grower's basic quota. A person to whom a grower's basic quota has been granted shall not transfer that quota to any other person unless such first-mentioned person has obtained the prior approval in writing of the Committee (which is hereby thereunto authorized) to such transfer and unless such other person is qualified to hold that grower's basic quota.
The Committee may approve of the allocation in Queensland of a grower's basic quota to any person in respect of whom the authority administering such quotas or the equivalent thereof in another State has approved of the transfer of such person's grower's basic quota or the equivalent thereof from such State to the State of Queensland.
A grower's basic quota shall not be transferred from the State of Queensland to another State unless the Minister has first approved of such transfer.
14 ss. 44-46 TOBACCO INDUSTRY STABILISATION ACT 1965-1972 44. Forfeiture and reduction of quota. Where the Committee is satisfied that-
(a) a person holding a grower's basic quota has failed for any two successive years to plant a sufficient area to tobacco to produce his grower's basic quota;
(b) a person holding a grower's basic quota has failed for three consecutive years to produce his basic quota; or
(c) a grower's basic quota was issued erroneously or in conse- quence of any false document, statement or representation or fraudulent document, statement or misrepresentation,
the Committee may by notice call upon the holder of the grower's basic quota in question to show cause within the time specified in the notice why the Committee should not-
( d) forfeit the grower's basic quota concerned; or
(e) reduce the amount of the grower's basic quota concerned by such amount as is specified in the notice,
and where the holder of the grower's basic quota in question fails to show cause within the time specified in the notice or within any extension of time which the Committee may allow, the Committee may deal with the grower's basic quota in accordance with the notice.
Where the holder of a grower's basic quota shows cause why the Committee should not forfeit his quota, the Committee may, if it thinks fit, reduce the amount of the quota by such amount as it thinks fit.
As amended by Act of 1972, No. 31, s. 6 First Sch.
45. Increase of quota. (1) Any person holding a grower's basic quota who desires an increase in such quota shall make application in the prescribed form and in the prescribed manner to the Chairman of the Committee.
Upon consideration of such application the Committee may- (a) refuse the application; or
(b) grant the application by increasing the grower's basic quota by such amount as it thinks fit.
(2) The Committee may at any time, irrespective of whether an application has been made or not, increase the grower's basic quota of any person.
46. Application made before coiDJOOJJ£ement of Act. Where before the commencement of this Act a person has made application for an interim tobacco quota to the Committee known as "The Interim Tobacco Quota Committee," the Committee may at its discretion accept that application, notwithstanding that it is not in the prescribed form and was not made in the prescribed manner, as an application for a grower's basic quota in which event, the application shall be deemed to be an application for a grower's basic quota made pursuant to this Act.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 ss. 47-49 15
47. Appeal. (1) Any person who is aggrieved by a decision of the Committee-
( a) upon an application made by him under sections forty, forty- three or forty-five of this Act; or
(b) forfeiting or reducing his grower's basic quota, may appeal against the decision to the Appeals Tribunal.
( 2) An appeal shall not be brought under this section unless- ( a) it is limited to one or more of the following grounds of appeal,
namely-
(i) that the decision of the Committee was not in accordance with the Act;
(ii) that the decision of the Committee was manifestly unfair;
(iii) that the decision of the Committee would cause severe personal hardship to tlie appellant;
(b) it is made in the prescribed form which shall be accompanied by the prescribed fee, or if not prescribed, a fee of twenty dollars; and
(c) it is made in the prescribed manner.
( 3) The Appeals Tribunal shall hear and determine every appeal under this section and may by its decision confirm, vary or reverse the decision of the Committee.
Any appeal which the Appeals Tribunal considers frivolous or vexatious shall be dismissed by .the Appeals Tribunal.
( 4) Where the Appeals Tribunal does not consider that an appeal is frivolous or vexatious, the fee as hereinbefore mentioned shall be refunded to the appellant.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
PART VI-ADJUSTED QuoTAS AND RIGHTS OF QuoTA HOLDERS
48. Determination of adjusted quotas. The Committee may from time to time during any calendar year in relation to each holder of a grower's basic quota, determine a grower's adjusted quota for that calen- dar year, which quota shall be arrived at by taking into consideration-
(a) his grower's basic quota;
(b) any one or more types of shortfalls; and
(c) all allocations of growers' basic quotas in excess of the State tobacco quota.
49. Rights attaching to a grower's basic quota. A perSIOD. who holds a grower's basic quota shall be entitled-
(a) to deliver to the State Board for sale, at any sale declared by that Board to be a sale for quota tobacco leaf, such pro- portion of his grower's basic quota or of his grower's adjusted
16 ss. 5\1·52 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
quota as the State Board, with the approval of the Committee, may from time to time deteFmine and any such leaf so delivered shall be offered for sale by the State Board as quota tobacco leaf subject to the provisions of this Act; and (b) to share in the allocation by the Committee or by the State
Board acting under the authority of the Committee of any shortfalls on such basis as may from time to time be prescribed under this Act, or in the event of such basis not being pre- scribed on a basis determined by the Committee.
PART VII-GENERAL
50. Limitation of liability. No act, matter, thing, recommendation or decision done or made in good faith by-
( a) the Minister;
(b) the State Board;
(c) any member of the Committee;
(d) any member of the Appeals Tribunal;
(e) any officer of the Department of Primary Industries,
for the purpose of carrying out or giving effect to this Act, shall subject them or any of them or the Crown to any action, Hability, claim or demand.
51. No restriction on re-appointment. Nothing contained in this Act shall prevent any person from being immediately, or at any time, re-appointed to any office or place under this Act if he is otherwise capable for the ·time being, of holding that office or place.
52. Offences and penalties. ( 1 ) Any person who except with the prior approval of the State Board (proof ·whereof shall lie upon him) delivers to the Board any tobacco leaf which he knows not to be part of his grower's adjusted quota for the 1Jime being shall be guilty of an offence and be liable to a penalty not exceeding one thousand dollars and to the forfeiture to the State Board of ·the tobacco leaf in respect of which the offence was committed and any payment made by the State Board to any person, prior to the conviction of such pe1.1son, for such tobacco leaf shaH be recoverable by the State Board from ·the person to whom the payment was made as if <it were a debt due and unpaid by him to the Board.
(2) Any .person who refuses or fails to furnish any information or return as required under ·this Act shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred dollars and to an additional penalty not exceeding ten dollars for each and every day during which such person continues to refuse or to fail to furnish 'such information or return.
( 3) A person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 SB. 53·55 17
( 4) Any person who commits an offence against any provision. of this Act, fo.t; which a penalty 'is not expressly provided, shall be liable to a penalty not exceeding one hundred dollars.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
53. Liability for offences by corporations, &c. (1) &cept where otherwise expres,sly provided in this Act, where a corporation offends against this Act each and every one of the following ~rsons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely:-
(a) the managing director, manager, or othe·r governing officer, by whatever name called, and every member of the governing body, by whatever name called, thereof; and
(b) every person who in Queensland manages or acts or takes part in the management, administration, or government of the business in Queensland of the f_orporation.
Th~s subsection applies so as not to limit ~r affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it.
(2) Except where otherwise expressly provided in this Act, where any member of a partnership, firm, an unincorporate body or association of persons commits an offence against this Act, the other member or members, as the case requires, of that partnel.'ship, firm, body or association shall be deemed to have also committed the offence and shall be liable to be proceeded against and punished accordingly.
( 3) No person who ris proceeded against pursuant to this section shall be convicted if the Court is sat~s.fied that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances.
54. Recovery of penalties. (1) All offences against this Act may be prosecuted in a summary way under "The Justices Acts, 1886 to 1965,"
upon the complaint of the Chairman of the Tobacco Quota Committee.
or of any person authorized by the Minister either generally or in the, particular ca,se.
(2) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within s1ix months after the commiss•ion of the offence comes to the knowledge of the complainant, whichever is the later period.
55. Regulations. (1) The Governor in Council may from time to time make such regulations, not inconsistent with this Act, providing for all or any purposes, whether general or to meet particular cases as are convenient for the admrinistration of this Act or as are necessary or expedient for carrying out the objects and purposes of this Act.
18 s. 55 TOBACCO INDUSTRY STABILISATION ACT 1965-1972
(2) The power ~o make with respect to any persons or any matters or things whatsoever, any regulation shall include power to make that regulation so that it may be of general or specially limited application according to, time, place, purposes, class, descript,ion or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially 1imited applica~ion with respect to the same persons, matters or things.
The power to make regulations with respect to any matter or thing shall include the power to make regulations prohibiting that matter or thing either generally or to meet particular cases.
( 3) Without limiting the generality of the foregoing provis,ions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things-
(a) the basis on which representatives of tobacco producers on the Committee may be nominated by ~the State Board including the definition of any districts necessary for such purpose;
(b) any matter relating to the calling, conduct and adjournment of meetings of the Committee or any matter relating to the conduct of the sittings of the Appeals Tribunal;
(c) providing for any matter concerning the records, finance, accounts or staff of the Committee;
(d) providing for such additional functions and duties to be performed by the Committee as may be considered by the Minister to be desirable;
(e) prescribing the basis of allocation or reallocation of growers' basic quotas to be adopted by the Committee and the fixing of maximum growers' basic quotas that may be granted by the Committee;
(f) prescribing the basis of allocation of shortfalls to be adopted by the Committee;
(g) providing for the determination of growers' adjusted quotas;
(h) prescribing the basis on which the Committee may approve or disapprove of any transfer, amendment or forfeiture of a 'grower's basic quota;
(i) prescribing forms under ·this Act, and the respective purposes for which such form or forms or forms to the like effect may be used;
(j) prescribing returns of any information, stauistics and data and the persons or classes of persons who shall furnish such returns and the times and places of the furnishing thereof;
(k) prescribing the amount of any penalty but not exceeding in any case two hundred dollars, for any contravention of or failure to comply with a regulation;
(1) providing for the 'Subscribing of declarations as to the truth of any statement, application or return or any part or parts thereof made pursuant to this Act;
TOBACCO INDUSTRY STABILISATION ACT 1965-1972 s. 56 19 (m) all matters required or permitted by this Act to be prescribed except such a matter which is required to be prescribed otherwise than by regulation.
Decimal currency reference substituted pursuant to section 7 · of Decimal Currency Act of 1965.
56. Publication of Orders in Council and regulations. (1) Every Order in Council and regulation made under this Act shall-
(a) be published in the Gazette;
(b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(c) take effect on and from the date of such publication, unless in the case of any such regulation a later date is 'specified in that or any other such regulation for its commencement when in such event it shall take effect from that later date; and (d) 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 Order in Counoil or regulation has been laid before the Legislative Assembly, disallowing such Order in Council or regulation or part thereof, that Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a new Order in Council, or, as the case may be, regulation.
60822-By Authority: S. R. HAMPSON, Government Printer, Queensland
INDEX
TO
TOBACCO INDUSTRY STABILISATION ACT 1965-1972
Page
Act-
application of commencement of parts of suspension of s. 8
A
to apply subject to Constitution of Commonwealth Adjusted Quota see Grower's adjusted quota Appeals-
in respect of decision of Committee re grower's basic quota- fee for . . . . . . . .
when may be refunded grounds for . . . . . . hearing of, by Appeals Tribunal . power to appeal
Appeals Tribunal-
actin~ Chairman of, Governor in Council may appoint appomtment of . . . . . . . . . Chairman of-
may adjourn sittings of to convene sittings of
costs of, to be charge against State Board.
decisions of-
record of, to be kept ..
to be evidence thereof
may make arrangements with State Board for performance of secretarial and other duties
meaning of term members of-
acting, Governor in Council may appoint appointment of, by Governor in Council . disqualification from office of
fees and expenses of, entitlement to filling of vacancies in
limitation of liability of. . . . . . . . . . . . . . . member of Legislative Assembly of Queensland or Parliament
of Commonwealth not qualified to be number of.
term of office of
vacation of office of . . . . . . . . . . . . when Governor in Council may vacate office of who to be.
officer of- may be appointed
officer of Public Service I,Tlay be appointed as powers of .
re-appointment, no restriction on secretary of-
may be appointed . . . . . . . . . officer of Public Service may be appointed as . sittings of-
decisions of to be decided by majority may be adjourned by Chairman
member with pecuniary interest not to take pan in proceedings . .
prior notice of, to be given quorum of.
to hear appeals in respect of decision of Committee re grower's basic quota
witness for-
entitled to payment for expenses
s. 4 I (2).
2 9 6
47 (2) (b) 47 (4).
47 (2).
47 (3) . 47 (I) .
30 26 33 (2) . 33 (I) . 37 (I) . 36 36 (2) . 38
7 31 26 (2).
28 (I) . 32 29 50 26 (2) 26 (2) 27 28 (2) 28 (2) 26 (2) 38 38 39 51 38 38 35 (I) . 33 (2) . 35 (2) . 33 (I) . 34 47 39 (2).
2 I I 5 3
15 15 15 15 15
II 9 II II 12 12 12 12 3 II 10 10 II II 16 10 10 10 10 10 10 12 12 12 16 12 12 12 II 12 II II 15 13
22 INDEX
Appropriate State Minister- meaning of term Association-
liability for offences by Auditor-General-
to audit accounts of Committee .
Australian Tobacco Board see Commonwealth Board.
Australian tobacco leaf-
powers of Commonwealth Board re marketing of . Australian tobacco quota-
meaning of term
Board see Commonwealth Board, State Board.
Commencement of Act Committee-
accounts of- audit of to be kept Chairman of- ilctmg---.:..
B
c
Minister may appoint . . . . . to preside at meetings in absence of Chairman fees and expenses of, entitlement to . . may adjourn meeting
term of office of . . . . . . . . . . to give prior notice of holding of meeting to members to preside at meetings
constitution of. . . . . . . . . . . . . . . . . . . costs of, to be charge against State Board and recoverable therefrom . . . . . . . . . . . . . . . . . . . . decisions of, to be recorded in minutes . . . . . . . . . . deputy for member of, may be appointed by Minister . . . . . . may arrange with State Board for performance of secretarial and
other duties . . . may increase grower's basic quota meaning of term
meetings of-
adjournment of when quorum not present may be adjourned
person presiding may have casting vote prior notice of holding of to be given quorum of.
voting at . . . . . . . . . . . . . . . when Chairman may refer any question under consideration
to all members in writing who to preside
members of-
appointment of by notification published in Gazette deputy for, may be appointed by Minister disqualification from holding office of fees and expenses of, entitlement to
limitation of liability of. . . . . . . . . . . . . not to vote at meeting when he has a pecuniary interest number of. . . . . . ..
re-appointment of, no restriction on term of office of
vacancy in, filling of
vacation of office of . . . . . . . . . . . . . when Governor in Council may vacate member from office when holder of another office not disqualified from being who to be.
officer of-
appointment of . . . . officer of Public Service may be .
power to forfeit and reduce grower's basic quota . power to grant application for grower's basic quota powers of
Page s. 7
53 17
23 (2) .
I (2)
23 (2) . 23 (I) .
14 (I) . 14 (2).
21 16 (2) II (2) 16 (I) 14 (2) 10 22 20 15
24 9
45 14
7 3
17 7
16 (2) 7
14 (2). 6
16 (I) . 7
17 7
18 7
18 (2).
14 (2)
10 (2) 5
15 7
12 (I) . 6
21 8
50 16
18 (4). 8
10 (2). 5
51 16
II (1). 6
12 (2). 6
12 (2) .. 6
12 (2). 6
10 (3) 5
10 (2) 5
24 9
24 9
44 14
40 13
25 9
