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DECISION NO. CABINET MINUTE

BRISBANE, ~o I J / 19if?

Amendment of the Tobacco Industry Protection

Regulations of 1966.

------(Submission No.

Coples Received at .f .;lo ~ 070 p.m. 'Pies Made Cl RC ULA TION DETAILS

GOVERNOR Decision _Fj le 1 21

' . • 2 MR. AHERN 22 • I I Jl-'r J .1'!1i I ' 3 23 M~- r..rtt,JN

4 MR. GIBBS 24

5 MR. GLASSON 25

6 MR. AUSTIN 26

7 MR. LESTER 27 MR. TENN I 8 Cf 28 ' 9 MR. HARPER cf 29 10 MR. MUNTZ 30

11 31 MR. MCKECHN :E 12 MR. KATTER 32 13 MR. NEAL 33

14 MR. CLAUSON 34

15 MR. BORBIDG ~ 35

16 MR. RANDELL 36 17 MR. COOPER 37

18 MRS. HARVEY 38

19 MR. LITTLEP ~OUD 39 Master File 20 40 inches 3 I cm • 1 2 7

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Copy No. 2"0

C 0 N F I D E N T I A L

C A B I N E T M I N U T E

Brisbane, 30th May, 1988

Decision Noe 54384

TITLE: Amendment of the Tobacco Industry Submission No. 49038 Protection Regulations of 1966.

CABINET decided:-

That it be recommended to the Governor in Council that Regulations in accordance with the draft accompanying the Submission, be promulgated.

CIRCULATION: Department of Primary Industries and copy to rtinister. The Honourable the Minister for Mines and Energy. All other Ministers for perusal and return.

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SECURITY CLASSIFICATION 'C' CONFIDENTIAL

Submission No. .. 2 I Copy N 0 •••••• I • ••• • •

FOR CABINET

AMENDMENT OF THE TOBACCO INDUSTRY PROTECTION REGULATIONS OF 1966

1 . The objective of the Tobacco Industry Protection Act 1965-1985 is to control the spread of pests and diseases of tobacco within a tobacco district, or between tobacco districts, as gazetted, within .

2. The existing Regulations under this Act will cease as from 30th June 1988 because of the provisions of the Regulatory Reform Act.

3 • In response to the Government ' s policy to review existing Regulations , there has been consultation with growers, marketing and manufacturing representatives of the industry .

4 . All sectors of the tobacco industry suppor t the continuation of the Regulations and consider the amendment ~ appropriate.

5 . A copy of the proposed Regulations , approved by the Solicitor General is attached.

6 . IT IS RECOMMENDED that Cabinet recommend to the Governor-in­ Council that the attached Regulations be promulgated.

N.J . HARPER Minister for Primary Industries

Brisbane 5· "'3 :::r"' CD .,"' c: ... CD ~ Q. ~ GI 0 ~ ~ n :::J 0 -0 G> ()' (iJ CD Q :J ::s r+ a- .... 'ii- \J c."> = D) c» TOBACCO INDUSTRY PROTECTION ACT 1965-1985 i Fr ::r CD (I) (/) Department of Primary Industries l Br isbane , ' 1988.

HIS Exce l lency the Governor, acting by and with the advice of the

Executive Council and pursuant to the provisions of the Tobacco

Industry Prote ction Act 1965-1985, has been pleased to make the :r~ CD"-· .... O> f~llo wing regulations. (11 .... a 0) -0 0 TOBACCO INDUSTRY PROTECTION REGULATIONS 1988 Q J .... 1. Short Title. These regulations ma y be cited as the m a ' Tobacco Industry Protection Regulations 1988. -~ ~

2. Repeal. The ~obacco Industry Protection - ~egulations o f

1966 are repealed.

3 • Forms. Cl) The forms set forth in the First Schedule

hereto shall be used for the purposes for which they are

respectively applicable~

(2) A form prescribed by these regulations shall be

completed in accordance with such directions as are specified in

the prescribed form.

(3) In these r egulations , a reference to a form by numbe r

shall be a referenc e to the form in the First Schedule which

bears that numbe r.

4. Application for Merchant License. An application for a

Merchant License shall be in Form 1 and shall be l odged with the

Minister on or before the First day o f January in each year.

5. Merchant License. A Merchant License issued by the Minister shall be in Form 2. <> :;· 3 <> <1> CJ "' c: ...... CD ~ Q. I\) GI () ~ ~ n :l 0 0- G> n' iCD Q :l ::s r+ ~ 0 ....,

- (oJ ~,, i- FrQ) 6 . Transfer of Tobacco Plants. (1) An application to ::r (1) transfer tobacco plants from one Tobacco District to another (/)

Tobacco District shall be in Form 3 and shall be lodged with an inspector stationed in the Tobacco District to which the plants are being transferred.

(2) An inspector may approve an application to transfer tobacco plants or may refuse the application. :E (3) An application to transfer tobacco plants shall be ::r CD-· .... O> - (JI - ~companied by a certificate that such plants are free from diseases and pests issued by an inspector stationed in the

Tobacco District from which the plants are being obtained.

(4) A certificate of approval to transfer tobacco plants shall be in Form 4.

7. Orders of an Inspector. An order of an inspector pursuant to section 14(1) (f) or section 15 of the Act shall be in

Form 5 .

8. Sowing Tobacco Seeds. Subject to any exemption granted by the Minister in respect of such periods and on such conditions as are specified in the exemption , a person shall not sow tobacco seed or transplant tobacco seedlings in a Tobacco District or parts of a Tobacco District specified in the Second Schedule hereto during the periods of the year specified in the Second

Sche dule hereto .

9 • Treatment of Tobacco Leaf e (1) An inspector may order the owner or occupie r of premises to destroy , treat or deal with :-

(a) any tobacco leaf or residues of tobacco leaf found on

such premises which, in the opinion of the inspector, is

diseased or infested with any pest ;

(b) any residues of tobacco leaf f ound on such premises :;· "3 ":::r tD "' c: ..... CD ~ 2-N (') ~ ~ () ::J 0 0- ~ G> () aCD Q ::J ::J ,...+ ~ 0

which , in the opinion of the inspector, are likely to

harbour or attract any disease or pest .

(2) An order of an inspector pursuant to this regulation shall be in Form 5.

10. Offences. (1) A person who contravenes or fails to comply with any provision of these regulations commits an offence against these regulations. (2) A person who fails to do what he is ordered to do by a ~ 0 ~~rson acting under the authority of these regulations commits an 0 0 offence against these regulations. ___ _.~I (3) A person who commits an offence against these I regulations is liable to a penalty not exceeding twenty penalty units. n :;· 3 g. ii:

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FIRST SCHEDULE

[Form l]

Tobacco Industry Protection Act 1965-1985

APPLICATION FOR MERCHANT LICENSE

(To be lodged not later than the First of January

of each year)

The Honourable the Minister for Primary Industries, -1- Department of Primary Industries, ~ate Law Building, George Street , BRISBANE . Application is hereby made for Merchant License to sell

( "Tobacco seed" or "Tobacco seedlings"), under the abovementioned

Act .

Name :

Address :

Principal place of business:

Origin o f seed or seedlings :

'. riety : I hereby certify that the above particulars are correct.

Signature :

Date : .., :;· 3 .., ::r OJ "' c: ..... CD g;

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Tobacco Industry Protection Act 1965-1985 i MERCHANT LICENSE

Department of Primary Industries,

Brisbane, 19.

I hereby certify that subject to the provisions of the

T r ~ acco Industry Protection Act 1965-1985,

of , has been granted a license to sell ("Tobacco seed" or "Tobacco seedlings") for the 19 period 19 I tO

Minister for Primary Industries. 0 :;· 3 0 ::T co CD "' c: .... CD ~ Q. GI () ~ ~ () :J 0- 0-. G> () Cil CD 0 :I ::J -.,.... 0 ..... - Col ~ \J =OJ ~Ci Cit ::r CD (Q (/) [Form 3] & Tobacco Industry Protection Act 1965-1985 APPLICATION TO TRANSFER TOBACCO PLANTS

Application is hereby made to transfer tobacco plants to Tobacco District from Tobacco District No.

No. These pla nts were grown by -

i- · ~ me:

Address: Por. No. : Parish: a nd are to be transferred to

Name:

Address:

Por. No. : Parish: They will be carried by rail/ road/air and will be

ansferred on I 19 <> ;:;· 3 <> .."'" CD "' c:- ...... CD g;

Q. I\) GI 0 ~ ~ () :J -0 ..,0 G> () iCD Q :J ::J ..,r+ 0 of -c- = DJ i rr ::r CD fO [Form 4) (/) Tobacco Industry Protection Act 1965-1985

APPROVAL 'I'O TRANSFER TOBACCO PLANTS

Subject to the provisions of the Tobacco Industry

Protection Act 1965-1985 it is hereby approved that the tobacco

plants described below be transferred from Tobacco District

No. to Tobacco District No. provided they are

~-ee from pests and diseases .

Description of plants and variety :

Grown by :

'1ransferred to :

Date and method of Transfer :

Inspector, District No.: Date :

It is hereby certified that the plants described above have been inspected and have been found free from pests and

seases.

Inspector, District No . : Date: :;· 3 n il CD en c: ......

() ~ c.:i l (} ::::J 0 -·.,0 G> (} (iJ

I, the undersigned, being duly appointed an Inspector under and for the purposes of the Tobacco Industry Protection Act , being the of 1965-1985 hereby order you ("the owner" or "occupier") of the land described as - Por.

, parish , to take the action as from the specified below, within a period of

date of this order. Should this order not be complied with, further

proceedings may be taken against you under the abovementioned

Act. Signed:

Date: n 5 3 n ~ OJ "' c: CD ~ 2- ~ () ~ ~ n :l 0 ~ 0- G> ' en ca n CD 0 :J :J r+ a- ....., of -0 c.> = OJ Q) ~ 8" ::r SHlJN) OCHIDOIB ct> (0 (/) :0 (I) a. District No. 2 - (Local Authority Areas of the Shires of MareEba, Herberton and Atherton) : From the first day of October in any year until the tv.;enty­ eighth day of February of the following year.";

District No. 3 - (Local Authority Areas of the Shires of Hinchinbrook and Cardwell) : From the first day of October in any year until the t~nty-eighth day of February of the following year.". .... m District No. 4 - ~ 0 0 -0 (Local Authority Areas of the Shires of Burdekin and Dalrymple): ... f ...., From the first day of December in any year until the first day of June of F the following year. ~ m- District No. 5 - ~

(Local Authority Jlxea of the City of and Local Authority Areas of the Shires of Gooburrurn, woongarra and Isis) : From the first day of December in any year until the first day of July of the following year.

District No. 6 -

(Local Authority Area of the and Local Jl,_uthority Area of the : From the first day of January in any year until the first day of June of that year.

District No. 7 - (Local Authority Areas of the Shires of Inglewocx:J and Stanthorpe): From the Fifteenth day of January in any year until the first day of August of that year.