Rural Adjustment Authority Act 1994

Queensland RURAL ADJUSTMENT AUTHORITY ACT 1994 Reprinted as in force on 1 January 2002 (includes commenced amendments up to 2001 Act No. 73) Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This regulation is reprinted as at 1 January 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Queensland RURAL ADJUSTMENT AUTHORITY ACT 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Objective of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—QUEENSLAND RURAL ADJUSTMENT AUTHORITY Division 1—Establishment of authority 5 Establishment of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Legal status of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2—Functions and powers of authority 8 Authority’s functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Authority’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3—FINANCIAL ASSISTANCE 11 Approved assistance schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Administering approved assistance schemes. . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Funding of approved assistance schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 4—OTHER PROVISIONS ABOUT THE AUTHORITY Division 1—The board 14 The board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Role of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Rural Adjustment Authority Act 1994 18 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—Proceedings of the board 19 Time and place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Conduct of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3—Financial matters 23 Application of Financial Administration and Audit Act . . . . . . . . . . . . . . . . 13 23A Authority is a statutory body for Statutory Bodies Financial Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Administration budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Other things about the authority 25 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 5—STAFF OF THE AUTHORITY Division 1—Chief executive officer 28 Chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Restriction on appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 31 Chief executive appointed under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 32 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 33 Chief executive officer not to engage in other paid employment . . . . . . . . . 15 34 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 35 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2—Staffing the authority 36 Authority staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 37 Alternative staffing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 3—Conflict of interest 38 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 6—MISCELLANEOUS 39 Duty to act honestly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 40 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3 Rural Adjustment Authority Act 1994 41 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 42 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 43 Calling up financial assistance obtained by false statement . . . . . . . . . . . . . 19 44 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 7—SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS Division 2—Transitional references 46 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 47 References to Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3—Provisions expiring in 1 year or more 51 Interest rates for certain existing Young Farmers Establishment Scheme loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 22 3 Key. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 s 1 5 s 4 Rural Adjustment Authority Act 1994 RURAL ADJUSTMENT AUTHORITY ACT 1994 [as amended by all amendments that commenced on or before 1 January 2002] An Act to establish an authority to give assistance to rural producers and certain small businesses, and for related purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Rural Adjustment Authority Act 1994. 2 Commencement This Act commences on the day section 3 of the Queensland Industry Development Corporation Act 1994 commences. 3 Objective of Act (1) The objective of this Act is to establish a body, the Queensland Rural Adjustment Authority, to deliver financial and other assistance primarily targeted at fostering the development of a more productive rural sector. (2) The authority’s activities are to be directed mainly at giving assistance to rural producers who have long-term viability, although the authority will also help persons leave rural production. (3) However, the body may also give assistance to small businesses (other than rural producers), and other elements of the State’s economy, in periods when they are experiencing temporary difficulty. 4 Definitions In this Act— “approved assistance scheme” see section 11. s 4 6 s 4 Rural Adjustment Authority Act 1994 “authority” means the Queensland Rural Adjustment Authority. “authority’s assistance funds” means amounts held by the authority, if the amounts have been— (a) advanced to the authority by the State for giving financial assistance under approved assistance schemes; or (b) paid to the authority by persons to whom financial assistance has been given, whether the assistance was given before or after the commencement of this Act; or (c) earned on— (i) the investment by the authority of the amounts mentioned in paragraph (a) or (b); or (ii) loans made, whether before or after the commencement of this Act, in giving financial assistance. “board” means the authority’s board of directors. “chairperson” means the chairperson of the board. “chief executive officer” means the authority’s chief executive officer. “director” means a director of the board, and includes the chairperson. “government owned corporation” has the same meaning as in the Government Owned Corporations Act 1993. “officer” of the authority means any of the following— (a) the chief executive officer; (b) an authority employee, whether or not there is a written contract of employment between the authority and the employee; (c) an individual who performs services for the authority— (i) under a contract (other than a contract of employment) between the individual and the authority; or (ii) under an arrangement between the authority and a person (other than the individual). s 5 7 s 8 Rural Adjustment Authority Act 1994 PART 2—QUEENSLAND RURAL ADJUSTMENT AUTHORITY Division 1—Establishment of authority 5 Establishment of authority The Queensland Rural Adjustment Authority is established. 6 Legal status of authority The authority— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. 7 Authority represents the State (1) The authority represents the State. (2) Without limiting subsection (1), the authority has all the privileges and immunities of the State. Division 2—Functions and powers of authority 8 Authority’s functions (1) The authority’s primary function is to put approved assistance schemes into effect by— (a) ensuring the schemes are properly and fairly administered; and (b) directly giving the assistance the schemes provide for. (2) The other functions of the authority are— (a) to arrange for education, training and advice to applicants under approved assistance schemes; and (b) to negotiate for assistance funding with all levels of government; and s 9 8 s 9 Rural Adjustment Authority Act 1994 (c) to carry out research into, and develop policies on, issues affecting persons likely to receive assistance under this Act; and (d) to review, and give advice to the Minister on— (i) proposed assistance schemes; and (ii) the implementation of approved assistance schemes; and (iii) economic and other conditions in the rural sector; and (e) to consult, and liaise with— (i) commercial lenders and financial advisers; and (ii) public sector units with the function of helping the rural and small business sectors of the economy, and equivalent entities of other States or the Commonwealth; and (iii) organisations representing the interests of persons likely to receive assistance under this Act; and (f) to perform functions incidental to a function under another paragraph of this subsection; and (g) to perform other functions given to the authority under this Act or another Act; and (h) other functions prescribed by regulation. 9 Authority’s powers (1) The authority has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) charge for, and fix conditions for the supply of, the goods, services and information it supplies; and (e) engage consultants; and (f) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the authority has the powers given to it under this or another Act. s 11 9 s 12 Rural Adjustment Authority Act 1994 PART 3—FINANCIAL ASSISTANCE 11 Approved assistance schemes (1) An “approved assistance scheme” is a scheme that— (a) states the purpose and nature of financial assistance that may be given; and (b) identifies the categories of persons eligible to receive the assistance; and (c) is approved by the Governor in Council. (2) An approved assistance scheme— (a) may include conditions on which financial assistance must be given; and (b) may provide for— (i) payments into the consolidated fund or a fund or the departmental accounts of a department of amounts of the authority’s assistance funds associated with the scheme; and (ii) write-offs to loan balances. (3) As soon as practicable after an approved assistance scheme is created, a document explaining the scheme must be open to inspection at the authority’s office. (4) The authority may give financial assistance only under an approved assistance scheme. 12 Administering approved assistance schemes (1) In administering an approved assistance scheme, the authority may— (a) assess and decide applications for assistance under the scheme; and (b) cancel the provision of assistance; and (c) put conditions on the giving of assistance; and (d) change the arrangements for the repayment of debts to the authority; and s 13 10 s 15 Rural Adjustment Authority Act 1994 (e) decline to deal with applications made by persons previously refused assistance under the scheme; and (f) decide its own procedures; and (g) keep operational accounts with financial institutions within Australia. (2) However, in administering an approved assistance scheme, the authority must comply with— (a) the contents of the scheme; and (b) agreements entered into between the authority and persons receiving assistance under the scheme. 13 Funding of approved assistance schemes Amounts of financial assistance given by the authority under an approved assistance scheme are to be drawn from the authority’s assistance funds. PART 4—OTHER PROVISIONS ABOUT THE AUTHORITY Division 1—The board 14 The board The authority has a board of directors. 15 Role of the board (1) The board is responsible for the way the authority performs its functions and exercises its powers. (2) Without limiting subsection (1), it is the board’s role to ensure the authority performs its functions in an appropriate, effective and efficient way. s 16 11 s 19 Rural Adjustment Authority Act 1994 16 Composition of board (1) The board consists of— (a) the chairperson; and (b) at least 5, but not more than 7, other directors. (2) The Governor in Council— (a) decides the actual number of other directors; and (b) appoints the chairperson and other directors. 17 Duration of appointment (1) The appointment of a director is for the term (not longer than 3 years) stated in the director’s instrument of appointment. (2) The office of a director becomes vacant if— (a) the director resigns by signed notice to the Minister; or (b) the director is found guilty of an indictable offence or an offence against this Act; or (c) the director becomes employed by, or becomes a contractor of, the authority; or (d) the director’s appointment is ended by the Governor in Council under subsection (3). (3) The Governor in Council may, at any time, end the appointment of a director for any reason or none. 18 Conditions of appointment (1) A director is appointed on a part-time basis. (2) A director is entitled to be paid the remuneration and allowances fixed by the Governor in Council. Division 2—Proceedings of the board 19 Time and place of meetings (1) The board may hold its meetings when and where it decides. s 20 12 s 20 Rural Adjustment Authority Act 1994 (2) However, the board must meet at least once every 3 months. (3) The chairperson— (a) may at any time call a meeting of the board; and (b) must call a meeting if asked by one-quarter or more of the other directors. 20 Conduct of proceedings (1) The chairperson presides at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent, the director chosen by the directors present presides. (3) At a meeting of the board— (a) a quorum is at least half the directors appointed; and (b) a question is decided by a majority of the votes of the directors present and voting; and (c) each director present has a vote on each question to be decided and, if the votes are equal, the director presiding has a casting vote. (4) The board may conduct its proceedings (including its meetings) as it considers appropriate. (5) The board may hold meetings, or permit directors to take part in meetings, by telephone, closed-circuit television or another form of communication. (6) A director who takes part in a meeting of the board under subsection (5) is taken to be present at the meeting. (7) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— (a) at least half the directors give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. s 21 13 s 23 Rural Adjustment Authority Act 1994 21 Disclosure of interests (1) A director must disclose to a meeting of the board a direct or indirect financial interest in an issue being considered or about to be considered by the board if— (a) the director, or a person who, under the regulations, is related to the director, has the interest; and (b) the interest could conflict with the appropriate performance of the director’s duties about the consideration of the issue. (2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise directs, the director must not be present when the board considers the issue, or take part in a decision of the board on the issue. (3) Another director who also has, or who is, under the regulations, related to a person who also has, a direct or indirect financial interest in the issue must not— (a) be present when the board is considering its decision under subsection (2); or (b) take part in making the decision. (4) If, because of this section, a director is not present at a meeting of the board for the deliberation of the board about an issue, but there would be a quorum if the director were present, the remaining directors present are a quorum for the board’s deliberation or decision about the issue at the meeting. 22 Minutes The board must keep minutes of its proceedings. Division 3—Financial matters 23 Application of Financial Administration and Audit Act (1) The authority is a statutory body within the meaning of the Financial Administration and Audit Act 1977. (2) This section is enacted to avoid doubt. s 23A 14 s 26 Rural Adjustment Authority Act 1994 23A Authority is a statutory body for Statutory Bodies Financial Arrangements Act 1982 (1) Under the Statutory Bodies Financial Arrangements Act 1982, the authority is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 24 Administration budget (1) For each financial year, the authority must develop, adopt and submit to the Minister an administration budget not later than the day the Minister directs. (2) An administration budget has no effect until approved by the Minister. (3) During a financial year the authority may develop, adopt and submit to the Minister amendments to its administration budget. (4) An amendment has no effect until approved by the Minister. Division 4—Other things about the authority 25 Seal Judicial notice must be taken of the imprint of the authority’s seal appearing on a document, and the document must be presumed to have been properly sealed unless the contrary is proved. 26 Application of certain Acts The authority is— (a) a unit of public administration under the Crime and Misconduct Act 2001; and (b) an agency under the Equal Opportunity in Public Employment Act 1992. s 27 15 s 33 Rural Adjustment Authority Act 1994 27 Delegation The authority may delegate its powers to a director or an officer of the authority. PART 5—STAFF OF THE AUTHORITY Division 1—Chief executive officer 28 Chief executive officer (1) The authority must have a chief executive officer (however called). (2) The chief executive officer is responsible for ensuring the authority is managed as required by the policies of the board. 29 Appointment The chief executive officer is appointed by the Governor in Council. 30 Restriction on appointment A director must not be appointed as chief executive officer. 31 Chief executive appointed under this Act The chief executive is to be appointed under this Act, and not under the Public Service Act 1996. 32 Term of appointment The chief executive officer holds office for the term (not longer than 5 years) stated by the Governor in Council in the instrument of appointment. 33 Chief executive officer not to engage in other paid employment The chief executive officer must not, without the approval of the board— s 34 16 s 36 Rural Adjustment Authority Act 1994 (a) engage in paid employment outside the duties of the office of chief executive officer; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on business. 34 Conditions of appointment The chief executive officer holds office on the conditions (including conditions for remuneration, allowances and remuneration when the appointment ends) fixed by the authority. 35 Acting chief executive officer The Governor in Council may appoint a person, who is eligible for appointment as chief executive officer, to act in the office of chief executive officer during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office. Division 2—Staffing the authority 36 Authority staff (1) The authority may engage the employees it considers necessary to perform its functions. (2) The authority may decide its employees’ conditions of employment. (3) However, subsection (2) has effect subject to any relevant award, industrial agreement, certified agreement or enterprise flexibility agreement. (4) The authority’s employees are to be employed under this Act, and not under the Public Service Act 1996. (5) In subsection (2)— “conditions of employment” includes conditions about duration of the employment and ending the employment. s 37 17 s 39 Rural Adjustment Authority Act 1994 37 Alternative staffing arrangements The authority may arrange with the chief executive of a department, an authority of the State or a government owned corporation, for the services of officers or employees of the department, authority or corporation to be made available to the authority. Division 3—Conflict of interest 38 Disclosure of interests (1) This section applies to an officer of the authority if— (a) the officer, or a person who, under the regulations, is related to the officer, has a direct or indirect financial interest in an issue being decided, or about to be decided by the authority (whether or not under a delegation from the authority); and (b) the interest could conflict with the proper performance of the officer’s duties about the decision. (2) As soon as practicable after the officer becomes aware of the facts causing this section to apply to the officer, the officer must disclose the nature of the interest to the authority. PART 6—MISCELLANEOUS 39 Duty to act honestly (1) This section applies to a person who is a director or an officer of the authority. (2) A person to whom this section applies must at all times act honestly in the exercise of the person’s powers and the discharge of the person’s duties. Maximum penalty—200 penalty units. s 40 18 s 42 Rural Adjustment Authority Act 1994 40 Disclosure of information A person must not disclose information obtained in the administration of this Act (or another Act giving functions to the authority) unless the disclosure is made— (a) with the agreement of the person from whom the information was obtained; or (b) for the administration of this Act (or another Act giving functions to the authority); or (c) in legal proceedings; or (d) under the Crime and Misconduct Act 2001 or the Ombudsman Act 2001; or (e) with another lawful excuse. Maximum penalty—100 penalty units. 41 False or misleading information (1) A person must not for the purposes of this Act, including for the purpose of an application for financial assistance under this Act— (a) state anything the person knows is false or misleading in a material particular; or (b) omit from a statement anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—200 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1)(a) or (b) to state that the statement made was false or misleading to the person’s knowledge. 42 False or misleading documents (1) A person must not, for the purposes of this Act, including for the purpose of an application for financial assistance under this Act, give to the authority a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units. s 43 19 s 44 Rural Adjustment Authority Act 1994 (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the authority, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the authority. (3) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge. 43 Calling up financial assistance obtained by false statement (1) This section applies to financial assistance given under this Act to a person who— (a) in applying for the financial assistance contravened section 41 (False or misleading information) or 42 (False or misleading documents); and (b) would not otherwise have been given the financial assistance. (2) The authority may, by notice given to a person who has received financial assistance to which this section applies— (a) call up a loan or other amount given as the financial assistance; and (b) exercise the authority’s rights under a security for the loan or other amount. (3) If the authority calls up a loan or other amount under this section, the amount is payable from the day the notice is given, or from a later day stated in the notice. 44 Regulations The Governor in Council may make regulations under this Act. s 46 20 s 51 Rural Adjustment Authority Act 1994 PART 7—SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS Division 2—Transitional references 46 Application of division This division applies to references in Acts in existence at its commencement. 47 References to Acts A reference to any of the following Acts is taken to be a reference to this Act— • Agricultural Bank (Loans) Act 1959 • Co-ordination of Rural Advances and Agricultural Bank Act 1938 • Farm Water Supplies Assistance Act 1958 • Farmers’ Assistance (Debts Adjustment) Act 1967 • Primary Producers’ Assistance Act 1972. Division 3—Provisions expiring in 1 year or more 51 Interest rates for certain existing Young Farmers Establishment Scheme loans (1) In this section— “advance” means an advance that was the subject of an order in council under section 12 (Interest) of the repealed Act prescribing the rate of interest payable for the advance. “long-term bond rate”, for a financial year, means the average of the monthly rates for 10 year Treasury bonds, as published in the Reserve Bank Bulletin, from the June immediately before the financial year to the May of the financial year. “prescribed proportion” means, for an advance in its— s 51 21 s 51 Rural Adjustment Authority Act 1994 (a) first or second year—60%; and (b) third or fourth year—70%; and (c) fifth or sixth year—80%; and (d) seventh or eighth year—90%; and (e) ninth or later year—100%. “repealed Act” means the Agricultural Bank (Loans) Act 1959. (2) The rate of interest payable on amounts for the time being owing or remaining unpaid for an advance is the prescribed proportion of the long term bond rate for the financial year previous to the financial year in which the rate of interest is calculated. (3) This section has effect from 1 July 1987. (4) This section has effect despite anything to the contrary in the repealed Act, including in an order in council made under section 12 of the repealed Act. (5) This division expires 10 years after it commences. 22 Rural Adjustment Authority Act 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2002. Future amendments of the Rural Adjustment Authority Act 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 23 Rural Adjustment Authority Act 1994 3 Key Key to abbreviations in list of legislation and annotations 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted prev = previous unnum = unnumbered Reprint No. Amendments included Effective Reprint date 1 none 1 October 1994 20 October 1994 1A to 1995 Act No. 57 28 May 1996 19 September 1996 1B to 1996 Act No. 54 1 December 1996 11 December 1996 1C to 1997 Act No. 17 1 October 1997 14 October 1997 2 to 1997 Act No. 17 1 October 1997 2 June 1998 2A to 1999 Act No. 29 1 July 1999 15 October 1999 2B to 2000 Act No. 46 25 October 2000 3 November 2000 2C to 2001 Act No. 45 15 July 2001 27 July 2001 2D to 2001 Act No. 73 3 December 2001 7 December 2001 2E to 2001 Act No. 73 1 January 2002 2 January 2002 3 to 2001 Act No. 73 3 December 2001 1 January 2001 24 Rural Adjustment Authority Act 1994 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS 6 List of legislation Rural Adjustment Authority Act 1994 No. 50 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 1994 (see s 2, 1994 No. 45 s 2 and 1994 SL No. 342 ss 2, 8) amending legislation— Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Miscellaneous Acts (Non-bank Financial Institutions) Amendment Act 1997 No. 17 ss 1–2, 74 sch date of assent 15 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 163) Financial Administration Legislation Amendment Act 1999 No. 29 ss 1–2, 50 sch date of assent 16 June 1999 ss 1–2, 50 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 122 and see 1999 SL No. 119, 1999 SL No. 70 s 2(3)) Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Name of table Reprint No. Corrected minor errors 2 25 Rural Adjustment Authority Act 1994 Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Ombudsman Act 2001 No. 73 ss 1–2, 96 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) 7 List of annotations Definitions s 4 def “public accounts” om 1999 No. 29 s 50 sch Authority represents the State s 7 amd 2001 No. 45 s 29 sch 3 Authority’s functions s 8 amd 1996 No. 37 s 147 sch 2 Specific limitations about borrowing and investing s 10 om 1996 No. 54 s 9 sch Approved assistance schemes s 11 amd 1999 No. 29 s 50 sch Administering approved assistance schemes s 12 amd 1997 No. 17 s 74 sch Authority is a statutory body for Statutory Bodies Financial Arrangements Act 1982 s 23A ins 1996 No. 54 s 9 sch Application of certain Acts s 26 amd 2001 No. 69 s 378 sch 1 Chief executive appointed under this Act s 31 sub 1996 No. 37 s 147 sch 2 Authority staff s 36 amd 1996 No. 37 s 147 sch 2 Disclosure of information s 40 amd 2001 No. 69 s 378 sch 1; 2001 No. 73 s 96 sch 1 26 Rural Adjustment Authority Act 1994 PART 7—SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS Division 1—Interpretation div hdg om 2000 No. 46 s 3 sch Definitions s 45 exp 1 October 1995 (see s 45(2)) References to Acts s 47 amd 1995 No. 57 s 4 sch 1 Vesting of assets and liabilities s 48 exp 1 October 1995 (see s 48(4)) AIA s 20A applies (see s 48(3)) Pending legal proceedings s 49 exp 1 October 1995 (see s 49(3)) AIA s 20A applies (see s 49(2)) Duty to assist transfer of property s 50 exp 1 October 1997 (see s 50(3)) Division 3—Provisions expiring in 1 year or more div hdg exp 1 October 2004 (see s 51(5)) Interest rates for certain existing Young Farmers Establishment Scheme loans s 51 amd 2000 No. 46 s 3 sch exp 1 October 2004 (see s 51(5)) Transitional regulations s 52 exp 1 October 1995 (see s 52(3)) Division 4—Provisions expiring in 6 months div hdg exp 1 April 1995 (see s 53) Documents relating to Farm Water Supplies Assistance Act 1958 s 53 prev s 53 exp 1 April 1995 (see s 53) pres s 53 ins 1995 No. 57 s 4 sch 1 exp 28 May 1996 (see s 53(4)) Documents s 54 exp 1 April 1995 (see s 53) Former QIDC Act schemes still being administered s 55 exp 1 April 1995 (see s 53) Validation of certain schemes s 56 exp 1 April 1995 (see s 53) PART 8—REPEALS pt 8 (s 57) om R1 (see RA s 40) SCHEDULE—ACTS REPEALED om R1 (see RA s 40) © State of Queensland 2003