CABINET MINUTE DECISION NO.
BRISBANE, /2- / ~..2 /19 f>,f'
SUBJECT: ______Supply of Pasteurised Milk and Cream Withi n Localitie s
Prescribed - Milk Supply Act 1977-1986.
______,( Subm ission No. JO.;/ 7/7 )
y...Fr( J'o Copies Received at ,t"00 p.m. r'lpies 1de CIRCULATION DETAILS
1 GOVERNOR 21 Decision I ile
2 22 MR. AHERN ~ p (,~. 1~ ·1·9l
3 MR. GUNN 23
4 MR. GIBBS 24
5 MR. GLASSO N 25
6 MR. AUSTit 26
7 MR. LESTEB 27
8 28 MR. TENNI 9 MR. HARPEB 29
10 MR. MUNTZ 30
11 31 MR. MC'l(F'ri-: NIP. 12 32 MR. KATTEF --- 13 MR. NEAL 33
14 MR. CLAUSC N 34 ·- MR. BORBII: GE i 15 35
16 MR. RANDEI L 36
17 MR. COOPEF 37 --'-- - MRS. HARVE y 18 38
19 MR. LITTLE PROUD 39
-- ~ 20 Master Fi] e 40 incties cm , 1 12 Kodak Color Control Patcnes.: Blue Cyan Green Copy No. 20
C O N F I D E N T I A L
C A B I N E T M I N U T E
Brisbane, 12th December, 1988
Decision No. 55776
Submission No. 50278 TITLE: Supply of Paste urised Milk and Cre am within Local i ties Prescribe d - Milk Supply Act 1977-1986 0
CABINET decided~-
That it be recommended to the Gove rnor in Council for the Order in Council attached to the Submission to be approve d.
CIRCULATION: Department of Primary Industries and copy to Ministe r o All other Ministers for pe rusal and r e turn.
~~ Certified Troe Copy
A/Se cre tary to Cabinet. SECURITY CLASSIFICATION 'C' CONFIDENTIAL 502/[;
Submission No. Copy No.
FOR CABINET
SUPPLY OF PASTEURISED MILK AND CREAM WITHIN LOCALITIES PRESCRIBED
MILK SUPPLY ACT 1977-1986
1. Queensco Foods Co-operative Association Ltd is the result of an amalgamation of Queensland Farmers Co-operative Association (Q.F.C.A.), Booval and Caboolture Co-operative Dairy Association, Caboolture.
2. Queensco applied for one Order in Council to replace the two existing Orders held by Q.F.C.A. (due to expire on 31 December 1993) and Caboolture Co-operative Dairy Association (due to expire on 30 June 1994).
3. The Tribunal decided to recommend that the single Order in Council be granted for seven years and that the Minister should be empowered to approve any changes should the Association apply to cease pasteurising milk at one of these plants.
4. A draft Order in Council is attached.
5. IT IS RECOMMENDED that Cabinet recommend to the Governor in Council that the attached Order in Council be approved.
N. J. HARPER Brisbane Minister for Primary Industries 9 DE C i938 ------MILK SUPPLY ACT 1977-1986 -MAINTENANCE------OF- --MILK·------&CREAM PASTEURISATION PLANTS AT B------OO VAL AND CABOOL TURE ORDER------IN COUNCIL------
At the Executive Building , Brisbane, the day of , 1988
Present :
His Excellency the Governor 1n Council
HIS Excellency the Governor, acting by the and with the advice of the Executive Council and in pursuance of the provisions of the Milk Supply Act 1977-1986 , does hereby -
1. Repeal from the 1st day of January 1989 the Order in Council granted in favour of Queensland Farmers Co-operative Association Ltd ., Booval dated the 18th day n 5 n of December 1986 and published on the 20th day of 3 :::,- December 1986 in the Queensland Government Gazette at m "'.,. pages 2342 - 2344 , issued in accord an ce with this Act; and C ... (D ~ 2 . Repeal f r om the 1st day of January 1989 the Order in Q. N Council granted in favour of Caboolture Co-operative a, Association Ltd ., Caboolture dated the 13th day of April ~ 1972 and published on the 15th day of April i972 in the ~ n Queensland Government Gazette at pages 1681-1684 and as ::l 0 amended by Order in Council dated the 21st day of March - .... 1974 and published on the 23rd day of March 1974 in the ....0 Queensland Government Gazette at page 1200 and as G> n further amended by Order in Council dated the 19 th day i o of January 1984 and published on the 21st day of January ~ :::J 1984 in the Queensland Government Gazette at page 132 and as further amended by Order in Council dated the 0 18th day of June 1987 and published on the 20th day of June 1987 in the Queensland Government Gazette at page - 1750 , issued in accordance with this Act; and
3. Authorise QUEENSCO FOOOS CO-OPERATIVE ASSOCIATION LTD . (hereinafter called "the authorised person") to maintain pasteurisation plants for the treatment of milk and c r eam at pr emises situated at Jacaranda Street, Booval a nd King Street , Caboolture and to supply pasteurised milk and crea m within the localities specified in the Fi rst Sc hedule hereto (herei nafter called " the said a r ea " ) for a period of seven (7) years commencing on 1st day of Ja n uary 1989 subject to the provisions of this Act and the terms and conditions set forth in the Second Schedule hereto . 2 -
An the Honourable the Minister for Primary Industries 1s to give the necessary directions accordingly.
Clerk of the Council
The First Schedule
The area comprised by the Local Authority areas of the City of Redcliffe and Shire of Caboolture , Divisions 1 , 2 and 4 of the Local Authority area of the Shire of Landsborough, that portion of Bribie Island which lies in Division 5 of the Shire of Landsborough , the Shire of Kilcoy and that part of the Local Authority area of the Shire of Pine Rivers which lies to the east and the north of a line commencing on the South Pine River at the crossing of the North Cost Ra ilway and bounded thence by that railway to the crossing of the North Pine River, by that river upwards to the D'Aguilar Range .
The Local Authority Areas of the City of Ipswich and the Shires of Moreton , Boonah , Laidley and Esk . n ~ 3 n ::, a, The area of the City of Gympie and the Shire of Widgee. That "' portion of the Shire of Tiara included in the parishes of ~ g= Curra , Gutchy and Neerdie . That part of the Shire of Noosa Q. described as - a, Commencing at the sea shore of the South Pacific Ocean 0 ~ on the northern bank of the Noosa River, thence 1n south-westerly bounded by the northern boundary of the ::J 0 Noosa River by the boundaries of the parishes of Noosa - and Tewantin traversing Lake Doonella to the road at the 0-, north-east corner of portion 396, parish of Tewantin, (i) n thence by that road westerly to the north-western corner CDa1 Q of sub . 3 of that portion 396, thence south-westerly by ::, ::J St. Andrews Drive to the south-western corner of portion r+ 107 in the parish of Tewantin being part of the State 0 Forest Reserve 959 , thence by the boundary of the Parish of Maroochy and Sunrise Road to the most western corner - of sub . 8 of portion 1132, parish of Maroochy, thence westerly by the boundary of the Shires of Maroochy and Noosa to the junction of the boundaries of the Shires of Maroochy , Noosa and Widgee, thence northerly and easterly by the bounddries of the Shires of Widgee and Noosa to the sea shore of the South Pacific Ocean, thence southerly by that sea shore to the point of commencement.
That portion of the Shire of Noosa lying to the west of a line commencing at the south-east corner of Reserve 1108 in the parish of Weyba , town of Noosa Heads, on the southern bank of the Noosa River , thence south-westerly by the 3 -
southern boundary of the Noosa River to its junction with Weyba Creek, thence by western boundary of Weyba Creek and Lake Weyba to the boundary of the Shire of Noosa .
The Second Schedule
1. The authorised person shall, so long as this Order in Council shall remain in force, maintain and keep the pasteurisation plants in good and substantial order and condition and to the satisfaction of the Chairman of the Queensland Milk Board (hereinafter called "the Chairman"). The Chairman, or any person authorised by him either generally or specifically in that behalf may from time to time and at all reasonable times enter into and upon any lands, premises, buildings, or constructions in or upon which the pasteurisation plants are established and may inspect the pasteurisation plants or any part or parts thereof and take schedules or inventories thereof and give notice to the authorised person of any defect or want of order or condition therein and the authorised person shall thereupon immediately make good or amend such defect or want of order or condition therein.
2 . The authorised person shall at all times, so long as this Order in Council shall remain in force , properly, efficiently, and skilfully manage or cause to be properly, efficiently, and skilfully managed the pasteurisation plants and shall at all times find and provide all necessary managers, workmen, servants and supplies for the proper conducting, carrying on, and managing of the pasteurisation plants and for the proper supplying of pasteurised milk and cream.
3 . The authorised person shall provide a laboratory and facilities for the chemical and bacteriological testing of milk and cream and shall carry out such chemical and bacteriological tests of milk and cream received for pasteurisation as the Chairman may from time to time require and shall transmit to the Chairman the results of such tests. 0- 4. The authorised person shall insure and at all times so long as this Order in Council shall remain in force keep insured to its full insurable value the pasteurisation plants against loss or damage by fire.
Unless the Governor in Council otherwise determines all moneys payable under such insurance as aforesaid shall be applied by the authorised person in or towards replacing and reinstating the pasteurisation plants or the part or parts thereof (as the case may be) damaged or destroyed by fire.
5. The authorised person shall not, without the 4 -
authority of the Minister first had and obtained alter, add to , or extend the pasteurisation plants.
If the authorised person shall desire to alter , add to , and/or extend the pasteurisation plants he shall make application in writing to the Chairman. Every such application shall be accompanied by sketch plans drawn to scale showing the proposed alterations, additions, or extensions.
If the Chairman after investigation shall be of the opinion that the proposed alterations , additions or extensions of the pasteurisation plants (either with or without modification or amendment) are economically justifiable, he may r ecommend to the Minister that the authorised person be authorised to alter, add to, or extend the pasteurisation plants in accordance with the plans approved by him.
If the Minister shall authorise the authorised person to alter , add to , or extend the pasteurisati o n p l ants, then al l such alterations , additions, or extensions shal l be made by the authorised person strictly i n accordance with the sketch plans approved by the Chairman and any variations in such sketch plans from time to time authorised by the Minister on
the recommendation of the Chairman. n 3 n::r :::,- "'V, CD ..,. 6. If at any time while this Order in Council remains in C force the Chairman shall be of the opinion that the
7 . ( i ) The authorised person shall pay for all milk and cream supplied to him by any processor or producer for pasteurisation an amount calculated according to the minimum price, if 5 -
any, fixed and declared therefor under the Milk Supply Act 1977-1986, or any Act in amendment thereof or in substitution therefor .
( i i ) All milk and cream so supplied by a processor or a producer to the authorised person for pasteurisation during any calendar month shall be paid for on or before the fifteenth day of the succeeding calendar month.
8. ( i ) The Chairman may at his discretion from time to time determine the minimum or maximum quantity of milk or cream which each or any processor or producer may supply to the authorised person for pasteurisation and a different minimum or maximum quantity may be so determined with respect to different processors or producers.
Such quantity may be so fixed -
( a ) upon a daily, week ly , or other periodical basis; and
(b) by reference to milk or cream produced in a particu l ar loc ality or loca l ities of the State,
as the Chairman in his discretion determ~nes. m mC A determination made by the Chairman under ~ this clause shall continue in force until ~ N modified by a like determination or until the ~ same shall be revoked by the Chairman by a 0 ~ notice of revocation served by the Chairman 1 n upon the authorised person in manner provided ~ 0 by subclause ( iii) of this clause for the service of a list of processors and producers . 0--, Qn ( i i ) For the purpose of this clause the Chairman i shall have power to require the authorised ~g person to furnish to him at any time and from time to time a return of all proc esso rs and 0 producers who are or were supplying the authorised person with milk or cream for - pasteurisation during any period specified by the Chairman and to specify in such return the quantity of milk or cream supplied by each processor and producer and the authorised person upon being so required by the Chairman shall forthwith furnish such return and shall specify therein such quantity of milk or cream.
( i i i ) Upon determination the Chairman shall serve upon the authorised person personally or by prepaid post a list of processors and 6 -
producers showing the minimum or maximum quantity of milk or cream fixed by the Chairman which each processor or producer included in such list may supply to the authorised person for pasteurisation.
( i V) Upon and from the service of such a list the authorised person -
(a) shall not accept for pasteurisation milk or cream contrary to any minimum or maximum quantity specified in such l i s t ;
(b) shall not accept for pasteur1sation milk or cream supplied by a producer or processor who is not included in such list;
(c) shall not accept for pasteurisation milk or cream that has been produced in a locality that is not included in S U C h l i S t ,
save and except with the consent in writing of the Chairman first had and obtained .
<'> - 9 . Any notice or list which under or in pursuance of 3 ii; :, -a, this Order in Council may be served by prepaid post u, shall be deemed to have been served if addressed and r g= - sent by prepaid post to the place of business or last know n place of abode in the State of Queensland Q. --1\J of the person upon whom such notice or list is to be a, served, and every such notice or list so sent by (')~ prepaid post shall be deemed to have been served at 1n the time when the same would be received by such ::, 0 person in the ordinary course of the post. 0- """I 1 0 . (i) On and after the date of this Order in Council, so long as this Order in Council G> n shall remain in force , the unauthorised io:, ::, person shall , subject as is hereinafter in this clause provided, supply the demand for pasteurised milk and cream in the said area.
( i i ) The authorised person shall be relieved of his obligation to supply the demand for pasteurised milk and cream in the said area during such period of time (if any) as the Chairman shall from time to time certify in writing that the authorised person is or will be or shall have been prevented from supplying such demand by fire, flood, storm , tempest , drought, shortage of supplies of milk or cream, destruction of or serious damage to the pasteurisation plants, war, acts of God, or causes not attributable to the 7 -
neglect or default of the authorised person, his agents, servants, or employees.
(iii) The authorised person shall be deemed to supply the demand for pasteurised milk and cream in the said area if the authorised person at all times, so long as this Order in Council shall remain in force (other than any period of time during which the authorised person is, shall be, or shall have been relieved in manner aforesaid of his obligation to supply the demand for pasteurised milk and cream in the said area), shall have at the pasteurisation plants or licensed depots such quantity of pasteurised mil k and cream as the Chairman may from time to time cons i der reasonably sufficient to meet such demand.
(iv) Nothing in this Order in Counc i 1 shall require or be construed as requiring the authorised person to give delivery of pasteurised milk or cream at any place other than the pasteurisation plants o r licensed depots .
( v ) The authorised person shall not, whether by agreement or in any other manner whatsoever,
show any undue preference to any person in the 0 5 3 0 ~ ~ supply of pasteur i sed milk or cream, and every m ~ person within the said area shall, subject to C .... the provisions of this Order in Council, be m ~ entitled to purchase pasteurised milk or cream ~ II,) from the authorised person upon the same terms ~ upon which any other person is entitled in 0 ~ similar circumstances to so purchase. 1 n ~ 0 (vi) If the authorised person shall fail, neglect, - or refuse to supply the demand for pasteurised 0-, milk and cream in the said area or shall give Qn any undue preference to any person in th e i supply of pasteurised milk or cream he shall ~o ~~ be guilty of an offence and liable to a r+ penalty as prescribed in section 114 of the .., Milk Supply Act 1977-1986. -0 (i) The authorised person shall keep or cause to t~ be kept at the pasteurisation plants or at ig such other pl ace as may from time to time be approved by the Chairman, proper books and accounts for and in respect of the maintenance of the pasteurisation plants and the supply of pasteurised milk and cream in the said area.
(ii) The authorised person shall regularly enter or cause to be regularly entered in such books and accounts full and accurate particulars of all transactions relating to the establishment and carrying on of the pasteurisation plants 8 -
and the supply of pasteurised milk and cream in the said area, including the following particulars:-
(a) The name and address of each processor and producer who from time to time supplies milk or cream for pasteurisation and the quantity of milk or cream from time to time supplied for pasteurisation by each such processor and producer.
(b) The price from time to time paid by the authorised person to each producer for the milk or cream supplied for pasteurisation by such processor and producer.
(c) The quantity of milk and cream from time to time pasteurised at the pasteurisation plant.
( d) The quantity of pasteurised milk and cream from time to time sold or supplied and where possible the name and address of each person to whom the pasteurised milk or cream was sold or supplied and the quantity of pasteurised milk or cream supplied to each such person.
(e) The price or prices from time to time charged by the authorised person for pasteurised milk or cream sold or supplied to any person and where possible to each such person .
( i i i ) If the authorised person shall fail or omit to keep such books and accounts or to regularly enter or cause to be regularly entered in such beaks and accounts any of the particulars the entry of which is required pursuant to subclause (ii) of this clause he shall be 0 guilty of an offence and liable to a penalty - as prescribed in section 114 of the Milk Supply Act 1977-1986.
1 2 . ( i ) Any person authorised by the Chairman may , and either generdlly or in a particular case , examine and/or audit the books, accounts , and documents of the authorised person, and for the purpose s of such exa mination a nd /or audit suc h person authorised by the Chairman may examine any books, accounts, and documents relating to such accounts and may make and take away with him any extract from any book or copy of any such account or document. 9 -
(ii) If the authorised person obstructs or causes , permits, suffers , or allows to be obstructed the said person so authorised in the exercise of his powers under the clause , or without lawful excuse refuses to produce any book , account, document, writing, paper, or instrument in his possession or under his control, or to permit the making or taking away of any extract from any book or copy of any account or document, or to answer any question asked by the person so authorised for the purpose of the exercise of his powers the authorised person shall be liable to (iii) The authorised person shall if and when required by the person authorised by the Chairman direct every manager or other principal officer of any bank with which the authorised person has deposited any moneys , whether in his own account or in any general or separate trust account, to disclose every such account to the person authorised as aforesaid, and to permit such person to make and take away with him an extract from any n 5 3 n book or copy of any such account , or a copy of :::r m .. 14. If at any time after the commencement of this Order in Council the Governor in Council should be of the opinion that the authorised person has committed any breach of any of th~ terms and conditions of this Schedule, whether knowingly or otherwise and whether or not he has been proceeded against in respect of any offence , the Governor in Council may revoke this Order in Council upon such terms as to the Governor in Council may seem just. 1 5 . ( i ) The authorised person shall not without the consent of the Governor in Council first had 1 0 - and obtained transfer his rights, power s , or authorities, or any of them under this Order in Council to any company or person or transfer , sell , lease, or othe rwi se part with the possession of the pasteurisation plants . ( i i ) Any such consent of the Governor in Council may be upon such terms as to the Governor in Council may seem just. ( i i i ) On and after the transfer by the authorised person with the consent of the Governor in Council of his powers, duties, and liabilities under this Order in Council such company or person to whom such rights , powers, a nd authorities shall have been transferred shall be the authorised person fa the purposes of this Order in Council. 16 . If the authorised persons shall commit any breach of the provisions of this Order in Council the authorised person shall be gui lt y of an offence and shall be liable to a penalty as prescribed in section 114 of the Milk Supply Act 1977-1986. 1 7 . Nothing in this Order in Counc il contained shall relieve or be construed as relieving the authorised person from compliance with the provisions of any Act or Regulation now or hereafter in force applicable to the pasteurisation plants or the business carried on by the authorised person in pursuance of this Order in Council and in particular the provisions of the Dairy Produce Act 1978-1979, the Health Act 1937-1984 the Milk Supply Act 1977-1986, the Food Act 1981 , and any provis io ns of any Order in Council or Regulations from time to time in force under the aforesaid Acts or any of such Acts. 1 8 . If at any time the position of Chairman is abolished by statute any rights, power s , or discretions vested i n or e xerc is ~b le by the Chairman shall be vested in or exercisable by such person or body as may be substituted by statute for the Chairman, and if no such person or body is substituted, by the Minister for the time entrusted with the administration of the Milk Supply Act 1977-1986 or any Act amending the same or substituted therefor . 19 . In this Order in Council the terms "pa steurisation plant" and "pasteuri sation plants" shall mean and include all lands, messuages, tenements, buildings, premises, erection, machinery, plant, tools, applicances, chattels, and things from time to time used or intended to be used by the authorised person in, about, or in connection with the business carried on by the authorised person in pur suance of this Order in Council, and whether the sa me or any of them 1 1 - are owned, leased, or provided in any other manner whatsoever by the authorised person for the use in or in connection with such business, and unless the context shall otherwise require the singular shall include the plural and vice versa . 20 . If any time while this Order in Council remains in force the Chairman shall be of the opinion that the demand for pasteurised milk and cream in the said area may adequately be met from one only of the pasteurisation plants, and if an application by the authorised person has been received by the Chairman seeking approval for the demand to be so met, the Chairman may recommend to the Minister that ~he authorised person be exempted so far as relates to one of the pasteurisation plants from the obligations which it would otherwise have under the terms of this the Second Schedule . The Minister may thereafter direct that the Chairman shall by notice in writing under the hand of the Chairman exempt the authorised person with effect from a date to be specified in such notice from compliance with the provisions of this the Second Schedule so far as relates to such of the pasteurisation plants as shall be specified by the Minister and the authorised person shall upon being so exempted thereafter be discharged from any obligations under this the Second Schedule which would otherwise arise by virtue of the terms and aJ conditions of this the Second Schedule to such extent C CD as is specified in the notice and subject to any g= terms and conditions specified in that notice . The Q. Chairman may, with the approval of the Minister first a, had and obtained at any time , revoke such notice of 0 exemption and upon such revocation and with effect 1 () from the date of such revocation the authorised ::, 0"" person shall be bound by the terms and conditions of - the obligations imposed by this the Second Schedule 0..., to the same extent as if such exemption had not been granted . ,~ :, ::, r+ a- ~