274
SUG AR EXPERIMENT STATION S
ACT AMENDMENT ACT
ANALYSIS OF CONTENTS
1. Short title
2. Principal Act and citation as amended
3. Amendment of s. 3A
4. Amendment of s. 3D
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ANNO TRICESIMO NONO
ELIZABETHAE SECUNDAE REGINAE
No0 18 of 1990
An Act to amend the Sugar Experiment Stations Act 19001983 in certain particulars
[ASSENTED TO 25TH MAY, 1990]
Sugar Experiment Stations Act Amendment Act
1990, No. 18
275
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:1. Short title. This Act may be cited as the Sugar Experiment
Stations Act Amendment Act 1990.
2. Principal Act and citation as amended . (1) In this Act the Sugar
Experiment Stations Act 1900-1983 is referred to as the Principal Act.
(2) The Principal Act as amended by this Act may be cited as the
Sugar Experiment Stations Act 1900-1990.
3. Amendment of s. 3A. Section 3A of the Principal Act is amended
by(a) inserting the following note to the section:"Sugar Experiment Stations Board.";
(b) omitting subsection (2) and substituting the following
subsections:
"(2) For the purposes of this section"appointed day" means the day on which notification is
published in the Gazette of the appointment of the
first members of the reconstituted Board by the
Governor in Council on, or as soon as practicable
after, the day on which the Sugar Experiment Stations
Act Amendment Act 1990 is passed;
"approved organisation" means an organisation that is
designated in writing by the Minister as an approved
organisation for the purposes of this section;
"authorised office" means the office, which is in the
Department of Primary Industries or other
department of government of the State responsible
to the Minister in respect of the administration of
this Act, that is designated by the Minister in writing
as the authorised office for the purposes of this
section;
"reconstituted Board" means the Board as reconstituted
under subsection (2A).
(2A) On and from the appointed day the existing members
of the Board shall go out of office and the Board shall be
reconstituted and shall consist of the following members appointed
by the Governor in Council by notification published in the
Gazette:(a) the Minister who shall be ex officio a member and
chairman of the Board;
(b) the person holding the authorised office, who shall
be ex officio a member of the Board;
(c) two members representative of cane-growers,
recommended by the Minister from persons
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Sugar Experiment Stations Act Amendment Act
1990, No. 18
nominated by the approved organisations in respect
of cane-growers;
(d) two members representative of mill-owners,
recommended by the Minister from persons
nominated by the approved organisations in respect
of mill-owners;
(e) a person, with special qualifications, nominated by
the Minister.
(2B) No act or proceedings of the Board shall be invalidated
by reason only that there was a vacancy in the membership of
the Board at the material time or by reason of any defect in the
appointment of any person as a member, delegate member or
officer of the Board.";
(c) omitting paragraph (a) of subsection (4) and substituting the
following paragraph:"(a) If a person required by this Act to be nominated for
membership of the Board by an approved organisation is not
duly nominated on or before a date fixed by the Minister, the
Governor in Council may appoint a person not nominated as
prescribed to be a member of the Board in satisfaction of that
requirement.";
(d) omitting subsection (6).
4. Amendment of s. 3D . Section 3D of the Principal Act is amended
by-
(a) in subsection (3)(i) omitting from the first paragraph the words "or, in his absence,
the deputy chairman";
(ii) omitting from the second paragraph the words ", but the deputy
chairman shall have a deliberative vote only
(b) in subsection (4) omitting all words from and including "When
the deputy" to and including "in the negative."
(c) in subsection (5) omitting from the second paragraph the
expression "(2)" and substituting the expression "(2A)";
(d) omitting subsection (6) and substituting the following
subsection:"(6) (a) The Governor in Council may by Order in Council
appoint a person to act as a delegate member of the Board to
deputise for a member of the Board, including the chairman,
where that person has been nominated by the member of the
Board for whom that person is to deputise.
(b) For so long as an appointment as such continues in
effect the delegate member shall have and may exercise the
powers, functions and duties of the member for whom that
person is to deputise and of any office held by that member on
the Board, during the absence of that member, and for the
purposes of that delegation is taken to be a member of the Board
and to hold that office on the Board.
Sugar Experiment Stations Act Amendment Act
1990, No. 18
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(c) The appointment of a person as a delegate member shall
terminate and be of no further effect(i) in the case of an appointment expressed to be for
the purpose of any meeting or meetings of the Board,
upon the conclusion of that meeting or, as the case
may be, the last of those meetings;
(ii) in the case of an appointment expressed to be for a
period, upon the expiration of that period;
(iii) if the member for whom that person is deputising
vacates his office as prescribed by section 3B
(iv) upon the occurrence of any event that would cause
that person to vacate office as a member were he a
member of the Board;
(v) upon termination of that delegation by the Governor
in Council.";
(e) in subsection (7) omitting the word "two" and substituting the
expression "2A".