Mae | ++ AUDAX : AT: FIDELIS +} Queensland Chicken Meat Industry Amendment Bill 2011 Chicken Meat Industry Amendment Bill Contents ON Oa FWD = Division 1 19A Division 2 Short title Commencement........... 0.00 c eee cee eee eee Queensland Actamended ........... 0 cc cee cette eee Amendment of long title ......... 2.0... eee eee eee eee ee Amendment of s 1 (Short title) .................00....000. Amendment of s 2 (Definitions) ...................2-0000. Omission of pt 2 (Chicken Meat Industry Committee) ......... Insertion of new pts 2A and 2B ................ 0c eee eee Part 2A Matters about dissolution of Chicken Meat Industry Committee Preliminary Definitions for pt2A .......... 0.0... eee eee eee Dissolution of committee Subdivision 1 Steps to transfer and dissolution 19B 19C 19D 19E 19F 19G 19H Decision to transfer to replacement corporation. .... Committee to decide particular matters for transfer . . Conditions for transfer ..................00000, Notice of decision about replacement corporation. . . Minister's decision about transfer................ Transfer and dissolution...............0....00. Replacement corporation does not represent the State eee ee Subdivision 2 _ Provisions facilitating transfer 19J 19K Registration of transferred assets................ References to the committee ................00. Continuity of proceedings and matters............ U » Ko} oO aa fr fp KRHA oonN NN OD Chicken Meat Industry Amendment Bill 2011 Contents 11 13 1517 Page 2 19L Employees ........ 00... c cece cece ee eee 19M Members stop holding office ................00. Part 2B Provisions about replacement corporation 19N Function ...... 0.0... c cece eee 190 POWEIS ©... eee 19P Chairperson ....... 2.0.00. e eee eee ee Amendment of pt 3, hdg (Agreements and dispute resolution) . . Omission of pt 3, div 1, hdg (Agreements).................. Insertion of NewS 21... eee ee 21 Dispute resolution..................2.0...000. Omission of s 22A and pt 3, div2...............0.00 00 eee Amendment of pt 3A, hdg (Registration of agreements and annual fees) 6... eee eee Omission of pt 3A, div 1, hdg (Registration)................. Amendment of s 24A (Committee to keep register)........... Amendment of s 24B (Application for registration)............ Omission of s 24C and pt 3A, div2 .................--00-- Replacement of s 25 (Protection of members)............... 25 Review of Act........... 0.00 cee cece eee eee Insertion of new pt5....... 00... eee eee ee Part 5 Transitional provisions for Chicken Meat Industry Amendment Act 2011 27 Definitions for pt5.................00 2.000008 28 Public records of committee.................0.. 29 Disposal of public records ..................0.. 30 Existing register of agreements ................. 31 Application for registration ..................... 32 Mediation of prescribed disputes on or after transfer day eee 33 Mbitration of prescribed disputes on or after transfer AY eee 11 12121213 13131414 1515 A Bill for An Act to amend the Chicken Meat Industry Committee Act Clause Clause Clause Clause Clause Clause Chicken Meat Industry Amendment Bill 2011 [s 1] The Parliament of Queensland enacts— Page 4 Short title This Act may be cited as the Chicken Meat Industry Amendment Act 2011. Commencement Sections 6(1), 7 and 10 to 19 commence on a day to be fixed by proclamation. Act amended This Act amends the Chicken Meat Industry Committee Act 1976. Amendment of long title Long title, from 'industry, — omit, insert— 'industry'. Amendment of s 1 (Short title) Section 1, 'Committee' — omit. Amendment of s 2 (Definitions) (1) Section 2, definition chairperson— omit. (2) Section 2— insert— 'assets, for part 2A, see section 19A. NO 1214 1619 2123 Clause 7 Clause 8 (3) (4) Chicken Meat Industry Amendment Bill 2011 [s 7] authorised person, for part 2A, see section 19A. company limited by guarantee, for part 2A, see section 19A. IAMA, for part 5, see section 27. liabilities, for part 2A, see section 19A. notice means written notice. proposed transfer day, for part 2A, see section 19C(a). public record, for part 5, see section 27. replacement corporation see section 19C(b). transfer day see section 19A.'. Section 2, definition committee, from 'by' — omit, insert— 'under this Act as in force immediately before the assent of the Chicken Meat Industry Amendment Act 2011... Section 2, definition competition legislation, 'Editor's notes' — omit, insert— 'Notes'. Omission of pt 2 (Chicken Meat Industry Committee) Part 2— omit. Insertion of new pts 2A and 2B After section 19— insert— Page 5 oOo mMmrnNnt nun fF WN Se cr CO aeilend Wn ine ns Rr oe ao 1922 Chicken Meat | [s 8] 'Part 2A 'Division ndustry Amendment Bill 2011 Matters about dissolution of Chicken Meat Industry Committee 1 Preliminary '19A Definitions for pt 2A 'Division 'In this part— assets, of the committee, means all assets of the committee immediately before the transfer day. authorised person, for the replacement corporation, means its secretary or another individual with the written authority of its board of directors. company limited by guarantee means a company limited by guarantee under the Corporations Act, section 9. liabilities, of the committee, means all liabilities of the committee immediately before the transfer day. proposed transfer day see section 19C(a). transfer day means the day approved by the Minister under section 19F as the transfer day for the committee. 2 Dissolution of committee 'Subdivision 1 Steps to transfer and dissolution '19B Dec Page 6 ision to transfer to replacement corporation 'The committee must decide to dissolve itself and transfer its assets and liabilities to a corporation that is not a statutory body. on nm 11 13 15 18 23 Chicken Meat Industry Amendment Bill 2011 [s 8] '19C Committee to decide particular matters for transfer 'Under section 19B, the committee must decide the following— (a) the day on which it proposes to transfer its assets and liabilities (the proposed transfer day); (b) the corporation to which it will transfer its assets and liabilities (the replacement corporation). '19D Conditions for transfer 'The committee may decide a corporation will be its replacement corporation only if— (a) the corporation has, by notice given to the committee signed by an authorised person for the corporation, agreed to be the replacement corporation; and (b) _ the corporation is a company limited by guarantee; and (c) the committee is satisfied that, on the transfer of its assets and liabilities to the replacement corporation, having regard to the requirements and purposes of the transfer, the following will be appropriate— (i) _ the corporation's constitution; (ii) the obligations, restrictions and rights that will attach to the corporation's members; (iii) the corporation's officers. '19E Notice of decision about replacement corporation '(1) The committee must give the Minister notice of its decision under section 19B. '(2) The notice must state the following— (a) _ the day the decision was made; (b) _ the proposed transfer day; (c) _ the replacement corporation's name; Page 7 NAD NB WN 121618 21 25 2729 Chicken Meat Industry Amendment Bill 2011 [s 8] (d) (e) the replacement corporation is a company limited by guarantee; the committee is satisfied that, on the transfer of its assets and liabilities to the replacement corporation, having regard to the requirements and purposes of the transfer, the following will be appropriate— (i) _ the corporation's constitution; (ii) the obligations, restrictions and rights that will attach to the corporation's members; (iii) the corporation's officers. '(3) The notice must be accompanied by a copy of the notice mentioned in section 19D(a). '19F Minister's decision about transfer '(1) The Minister must consider the notice and may require information from the committee. '(2) If the Minister does not consider that all requirements for this division have been complied with for the transfer, the Minister may give the committee a written direction about the requirements. '(3) The committee must comply with a direction given under subsection (2). '(4) The Minister must, by notice given to the committee, approve the proposed transfer day, or another day after the proposed transfer day, as the transfer day for the committee. '(5) The day approved by the Minister as the transfer day for the committee must be declared by gazette notice. '19G_ Transfer and dissolution "On the transfer day— Page 8 Com INA DANS W NY — So ao Ne 15 1719 21 2326 28 Chicken Meat Industry Amendment Bill 2011 [s 8] (a) the committee's assets and liabilities are transferred to, and become the assets and liabilities of, the replacement corporation; and (b) the committee is dissolved. '19H Replacement corporation does not represent the State 'The replacement corporation— (a) does not represent the State; and (b) can not make the State liable for the debts and obligations of the corporation or any other person. 'Subdivision 2 _ Provisions facilitating transfer '191 Registration of transferred assets 'D (2) A certificate signed by an authorised person for the replacement corporation is evidence of an asset having become an asset of the corporation on the transfer day if the certificate— (a) identifies the asset; and (b) _ states the asset was, immediately before the transfer day, an asset of the committee; and (c) states that, under this division, the asset became an asset of the replacement corporation on the transfer day. If the certificate is given to an entity with registration functions under a law of the State for assets of that kind, the entity must do the following as if the certificate were an appropriate instrument of transfer of the asset— (a) register the matter in the same way as transactions for assets of that kind; (b) deal with, and give effect to, the certificate. Example of an entity with registration functions— the registrar of titles Page 9 Po wnnNn aN 1416 19 21 2325 27 29 Chicken Meat Industry Amendment Bill 2011 [s 8] '(3) A transfer of the asset to the replacement corporation may be registered or given effect to under the law of another State or the Commonwealth if— (a) the certificate is given to an entity with registration functions for assets of that kind under the other State's or the Commonwealth's law; and (b) _ the entity is permitted by law to do so. '19J References to the committee 'A reference to the committee in an Act or document existing before its dissolution has effect, from its dissolution, as if it were a reference to the replacement corporation, if the context permits. '19K Continuity of proceedings and matters '(1)_ A proceeding that, if the committee were not dissolved, might have been started or continued by or against the committee may, from its dissolution, be started or continued by or against the replacement corporation. '(2) All matters started by the committee before its dissolution may be completed by the replacement corporation after the committee's dissolution. '19L Employees '(1)_ A person employed by the committee immediately before the transfer day becomes, on the transfer day, an employee of the replacement corporation. '(2) Subsection (1) does not— (a) constitute a redundancy or retrenchment of the person's employment by the committee; or (b) entitle the person to a benefit or payment merely because the person is no longer employed by the committee; or (c) interrupt the person's continuity of service. Page 10 NY AWK WN 111517 192327 29 "3) (4) (5) Chicken Meat Industry Amendment Bill 2011 [s 8] For the Industrial Relations Act 1999, the person's period of employment with the committee is taken to be an equivalent period of employment with the replacement corporation. Subject to the Industrial Relations Act 1999, the person has the same employment rights against the replacement corporation that the person had against the committee immediately before the transfer day. If an industrial instrument under the Industrial Relations Act 1999 bound the person and the committee immediately before the transfer day, it binds the person and the replacement corporation. '19M Members stop holding office 'D (2) 'Part 2B A person who, immediately before the transfer day, was a member of the committee goes out of office on the transfer day. No compensation is payable to a person because of subsection (1). Provisions about replacement corporation '19N Function 'The replacement corporation's function is to facilitate collective negotiations for agreements, including, for example, by— (a) convening a group comprising representatives of growers and a processor to negotiate agreements; and (b) recommending procedures, including codes of conduct, for the group in the negotiations. Page 11 ere OM NDNA WN re oO 1417 19 2225 27 Clause Clause Clause Chicken Meat Industry Amendment Bill 2011 [s 9] '190 Powers 'The replacement corporation— (a) may do anything necessary or convenient to be done for performing its function; and (b) without limiting paragraph (a), may charge for registering agreements under section 24B and for any services it provides. '19P Chairperson 'The replacement corporation's chairperson must be a director who— (a) has recognised expertise in corporate governance; and (b) _ is independent of the following— (i) representative bodies of the chicken meat industry; (ii) processors; (iii) growers.'. 9 Amendment of pt 3, hdg (Agreements and dispute resolution) Part 3, heading, 'and dispute resolution' — omit. 10 Omission of pt 3, div 1, hdg (Agreements) Part 3, division 1, heading— omit. 11 Insertion of new s 21 After section 20— insert— Page 12 YUDMN BH NH 111315 17 19 21 24 Clause Clause Clause Clause Clause Chicken Meat Industry Amendment Bill 2011 [s 12] 21 Dispute resolution '1) A written agreement must state a process for dispute resolution between the parties to the agreement. '(2) The parties to the agreement must attempt to resolve any dispute under the agreement between the parties by using the process.'. 12 Omission of s 22A and pt 3, div 2 Section 22A and part 3, division 2— omit. 13 Amendment of pt 3A, hdg (Registration of agreements and annual fees) Part 3A, heading, 'and annual fees'— omit. 14 Omission of pt 3A, div 1, hdg (Registration) Part 3A, division 1, heading— omit. 15 Amendment of s 24A (Committee to keep register) (1) Section 24A, heading, 'Committee'— omit, insert— 'Replacement corporation'. (2) Section 24A, 'committee'— omit, insert— 'replacement corporation'. 16 Amendment of s 24B (Application for registration) (1) Section 24B(1), 'committee'— Page 13 Dunk WN on 11 13 1518202225 Chicken [s 17] Clause 17 Clause 18 '25 Clause 19 Page 14 Meat Industry Amendment Bill 2011 omit, insert— 'replacement corporation'. (2) Section 24B(2)— omit, insert— '(2) The replacement corporation must— (a) register the agreement; and > (b) _ give the applicant notice of the registration.'. Omission of s 24C and pt 3A, div 2 Section 24C and part 3A, division 2— omit. Replacement of s 25 (Protection of members) Section 25— omit, insert— Review of Act '(1) The Minister must, within 10 years after the commencement of this section, start a review of this Act to ensure it is adequately meeting community expectations and _ its provisions remain appropriate. '(2) The Minister must, as soon as practicable after the review is finished, table a report of the outcome of the review in the Legislative Assembly..'. Insertion of new pt 5 After section 26— insert— YNaoWkwWN YE Oo wo 1214 1618 2023 Chicken Meat Industry Amendment Bill 2011 [s 19] 'Part 5 Transitional provisions for Chicken Meat Industry Amendment Act 2011 '27 Definitions for pt 5 'In this part— IAMA means The Institute of Arbitrators & Mediators Australia ACN 008 520 045. public record means a public record under the Public Records Act 2002. '28 Public records of committee 'A public record held by the committee immediately before the transfer day becomes a public record of the department on the transfer day. 29 Disposal of public records '(1)_ This section applies if— (a) a thing is done for which a certificate mentioned in section 19I(1) is evidence of the thing; and (b) _ the thing is, or involves, a disposal of a public record. '(2) To remove any doubt, it is declared that, for the purpose of the Public Records Act 2002, section 13, the public record is disposed of under legal authority, justification or excuse. '30 Existing register of agreements '(1)_ The register of agreements kept under previous section 24A is taken to be the register of agreements kept under current section 24A. '(2) In this section— current section 24A means section 24A as in force immediately after the transfer day. Page 15 ww Com ND Nn 1215 17 202428 Chicken Meat Industry Amendment Bill 2011 [s 19] previous section 24A means section 24A as in force immediately before the transfer day. '31 Application for registration '(1)_ An application for registration of an agreement, made under previous section 24B and not decided before the transfer day, must be decided from the transfer day under section 24B. '(2) In this section— previous section 24B means section 24B as in force immediately before the transfer day. '32 Mediation of prescribed disputes on or after transfer day '(1)_ This section applies to a prescribed dispute if— (a) before the transfer day—the parties to the dispute notified the committee of the dispute; and (b) onor after the transfer day—the dispute— (i) had not been resolved; and (ii) had not been referred to mediation under previous section 23(1). '(2) From the transfer day, the replacement corporation must refer the prescribed dispute to mediation— (a) if the dispute is not resolved within 90 days after it arose; or (b) _ if asked by the parties. '(3) The mediation must be conducted by— (a) a person agreed to by the parties; or (b) if the parties can not agree on a mediator—a mediator appointed by the president of IAMA. '(4) The president of [AMA may appoint a mediator under subsection (3)(b) only if the person has the qualifications or Page 16 Com A ANH W 11 14 16 18 20 22 2427 29 '33 Chicken Meat Industry Amendment Bill 2011 [s 19] experience the president considers appropriate to mediate the dispute. '(5) The parties must pay the mediator the costs of mediation in the proportions decided by the mediator. '(6) An amount of unpaid costs is a debt payable to the mediator and may be recovered in a court with jurisdiction to recover the amount. '(7) Nothing in this section affects any rights or remedies to which a party to the dispute may be entitled. '(8) In this section— prescribed dispute means a dispute that arose before the transfer day between a grower and a processor about an agreement or proposed agreement. previous section 23(1) means section 23(1) as in force immediately before the transfer day. Arbitration of prescribed disputes on or after transfer day '(1)_ This section applies to— (a) aprescribed dispute mentioned in section 32 that— (i) is between the parties to an agreement about an amount payable under the agreement; and (ii) is not resolved by mediation by a mediator appointed under section 32; or (b) a dispute between the parties to an agreement about an amount payable under the agreement that— (i) was referred to mediation by a mediator under previous section 23; and (ii) is not resolved by mediation by the mediator. '(2) This section applies despite any provision in the agreement to the contrary. '(3) The replacement corporation must refer the dispute to— (a) an arbitrator agreed to by the parties; or Page 17 OM ADU FW NRE — So PRR WN oie ns 17 19 21 23 25 27 30 32 Chicken Meat Industry Amendment Bill 2011 [s 19] Page 18 (4) (5) (6) D) (b) if the parties can not agree on an arbitrator—an arbitrator appointed by the president of IAMA. However, the mediator must not be appointed as the arbitrator without the agreement of the parties. The Commercial Arbitration Act 1990 applies to the arbitration. However, the replacement corporation can not be ordered to pay the costs, or part of the costs, of the arbitration. In this section— previous section 23 means section 23 as in force immediately before the transfer day.'. © State of Queensland 2011 Be © ON AN BW NH re oO