{"id":"qld:act-2024-037","name":"Queensland Food Farmers’ Commissioner Act 2024","slug":"queensland-food-farmers-commissioner-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174699,"registerId":"qld-qld:act-2024-037-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Food Farmers’ Commissioner Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main object","content":"### sec.2 Main object\n\nThe main object of this Act is to establish the office of Queensland food farmers’ commissioner to support Queensland farmers and consumers in their dealings with supermarkets for the purpose of—\nimproving transparency of those dealings, including, for example, dealings related to food supply chains and pricing of products; and\nredressing power imbalances; and\nsupporting sustainability and stability of the food supply chain in Queensland.\n- (a) improving transparency of those dealings, including, for example, dealings related to food supply chains and pricing of products; and\n- (b) redressing power imbalances; and\n- (c) supporting sustainability and stability of the food supply chain in Queensland.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\ncommissioner means the Queensland food farmers’ commissioner appointed under part 2 .\ncommissioner for fair trading means the commissioner for fair trading established under the Fair Trading Act 1989 .\nfarmer means a person or entity whose sole or main business is a farming business located in Queensland.\nfarming business includes—\nan agricultural, apicultural, dairy farming, horticultural, land-based aquacultural, pastoral, poultry keeping or viticultural business; and\nanother business that involves cultivating the soil, gathering crops or rearing livestock; and\nanother business prescribed by regulation to be a farming business.\n- (a) an agricultural, apicultural, dairy farming, horticultural, land-based aquacultural, pastoral, poultry keeping or viticultural business; and\n- (b) another business that involves cultivating the soil, gathering crops or rearing livestock; and\n- (c) another business prescribed by regulation to be a farming business.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland food farmers’ commissioner","content":"# Queensland food farmers’ commissioner","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Queensland food farmers’ commissioner","content":"### sec.4 Queensland food farmers’ commissioner\n\nThere is to be a Queensland food farmers’ commissioner.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Functions and powers","content":"### sec.5 Functions and powers\n\nThe main functions of the commissioner are—\nto provide a primary point of contact for matters affecting farmers; and\nto provide information and advice to help farmers understand and manage arrangements that govern relationships between supermarkets and their suppliers; and\nto work collaboratively with State and Commonwealth entities and other persons responsible for regulating farmers, including, for example—\nthe commissioner for fair trading; and\nthe Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth) , section 6A ; and\nFood Standards Australia New Zealand continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) ; and\nto monitor and advise the Queensland Government on developments in national arrangements that govern the relationships between supermarkets and their suppliers; and\nto report to the Minister about a particular issue or general matter relating to farmers or consumers, including, for example, improper behaviours and business practices adversely affecting farmers or consumers; and\nto prepare reports about—\na particular issue or general matter affecting farmers or consumers; or\nthe commissioner’s functions; and\nto publish reports mentioned in paragraph (f) if the commissioner and the Minister consider publication is appropriate; and\nto perform any other function given to the commissioner under this Act or another Act.\nThe commissioner has power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\n(sec.5-ssec.1) The main functions of the commissioner are— to provide a primary point of contact for matters affecting farmers; and to provide information and advice to help farmers understand and manage arrangements that govern relationships between supermarkets and their suppliers; and to work collaboratively with State and Commonwealth entities and other persons responsible for regulating farmers, including, for example— the commissioner for fair trading; and the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth) , section 6A ; and Food Standards Australia New Zealand continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) ; and to monitor and advise the Queensland Government on developments in national arrangements that govern the relationships between supermarkets and their suppliers; and to report to the Minister about a particular issue or general matter relating to farmers or consumers, including, for example, improper behaviours and business practices adversely affecting farmers or consumers; and to prepare reports about— a particular issue or general matter affecting farmers or consumers; or the commissioner’s functions; and to publish reports mentioned in paragraph (f) if the commissioner and the Minister consider publication is appropriate; and to perform any other function given to the commissioner under this Act or another Act.\n(sec.5-ssec.2) The commissioner has power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\n- (a) to provide a primary point of contact for matters affecting farmers; and\n- (b) to provide information and advice to help farmers understand and manage arrangements that govern relationships between supermarkets and their suppliers; and\n- (c) to work collaboratively with State and Commonwealth entities and other persons responsible for regulating farmers, including, for example— (i) the commissioner for fair trading; and (ii) the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth) , section 6A ; and (iii) Food Standards Australia New Zealand continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) ; and\n- (i) the commissioner for fair trading; and\n- (ii) the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth) , section 6A ; and\n- (iii) Food Standards Australia New Zealand continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) ; and\n- (d) to monitor and advise the Queensland Government on developments in national arrangements that govern the relationships between supermarkets and their suppliers; and\n- (e) to report to the Minister about a particular issue or general matter relating to farmers or consumers, including, for example, improper behaviours and business practices adversely affecting farmers or consumers; and\n- (f) to prepare reports about— (i) a particular issue or general matter affecting farmers or consumers; or (ii) the commissioner’s functions; and\n- (i) a particular issue or general matter affecting farmers or consumers; or\n- (ii) the commissioner’s functions; and\n- (g) to publish reports mentioned in paragraph (f) if the commissioner and the Minister consider publication is appropriate; and\n- (h) to perform any other function given to the commissioner under this Act or another Act.\n- (i) the commissioner for fair trading; and\n- (ii) the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Cwlth) , section 6A ; and\n- (iii) Food Standards Australia New Zealand continued in existence under the Food Standards Australia New Zealand Act 1991 (Cwlth) ; and\n- (i) a particular issue or general matter affecting farmers or consumers; or\n- (ii) the commissioner’s functions; and","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Not a statutory body for particular Acts","content":"### sec.6 Not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the commissioner is not a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Extraterritoriality","content":"### sec.7 Extraterritoriality\n\nThe commissioner may perform the commissioner’s functions inside and outside Queensland.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation","content":"### sec.8 Delegation\n\nThe commissioner may delegate the commissioner’s functions under this Act or another Act to an appropriately qualified public service officer.\nIn this section—\nfunctions includes powers.\n(sec.8-ssec.1) The commissioner may delegate the commissioner’s functions under this Act or another Act to an appropriately qualified public service officer.\n(sec.8-ssec.2) In this section— functions includes powers.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Relationship with commissioner for fair trading","content":"### sec.9 Relationship with commissioner for fair trading\n\nNothing in this Act limits the functions of the commissioner for fair trading.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Appointment","content":"### sec.10 Appointment\n\nThe commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.\n(sec.10-ssec.1) The commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.10-ssec.2) The Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Term of appointment","content":"### sec.11 Term of appointment\n\nThe commissioner holds office for the term, of not more than 3 years, stated in the commissioner’s instrument of appointment.\nA person may be re-appointed as commissioner only once for a further term of not more than 3 years.\n(sec.11-ssec.1) The commissioner holds office for the term, of not more than 3 years, stated in the commissioner’s instrument of appointment.\n(sec.11-ssec.2) A person may be re-appointed as commissioner only once for a further term of not more than 3 years.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Conditions of appointment","content":"### sec.12 Conditions of appointment\n\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nA person holds office as the commissioner on the conditions decided by the Governor in Council.\nThe commissioner is appointed under this Act and not the Public Sector Act 2022 .\n(sec.12-ssec.1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.12-ssec.2) A person holds office as the commissioner on the conditions decided by the Governor in Council.\n(sec.12-ssec.3) The commissioner is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.13 Preservation of rights of commissioner\n\nThis section applies if a person who is a public service officer is appointed as commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on the person’s resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.13-ssec.1) This section applies if a person who is a public service officer is appointed as commissioner.\n(sec.13-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.13-ssec.3) At the end of the person’s term of office or on the person’s resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Vacancy in office of commissioner","content":"### sec.14 Vacancy in office of commissioner\n\nThe office of commissioner becomes vacant if the commissioner—\nresigns under section 15 ; or\nis removed by the Governor in Council under section 16 .\n- (a) resigns under section 15 ; or\n- (b) is removed by the Governor in Council under section 16 .","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Resignation","content":"### sec.15 Resignation\n\nThe commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\nThe resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.\n(sec.15-ssec.1) The commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.\n(sec.15-ssec.2) The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Removal","content":"### sec.16 Removal\n\nThe Governor in Council may, at any time, remove a person from office as the commissioner on the recommendation of the Minister.\nThe Minister may recommend the removal of the person from office as the commissioner if the Minister is satisfied the person—\nis guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\nis incapable of performing the functions of the commissioner; or\nhas neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\nThis section does not otherwise limit the Acts Interpretation Act 1954 , section 25 .\n(sec.16-ssec.1) The Governor in Council may, at any time, remove a person from office as the commissioner on the recommendation of the Minister.\n(sec.16-ssec.2) The Minister may recommend the removal of the person from office as the commissioner if the Minister is satisfied the person— is guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or is incapable of performing the functions of the commissioner; or has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.\n(sec.16-ssec.3) This section does not otherwise limit the Acts Interpretation Act 1954 , section 25 .\n- (a) is guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\n- (b) is incapable of performing the functions of the commissioner; or\n- (c) has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Acting commissioner","content":"### sec.17 Acting commissioner\n\nThe Minister may appoint a person to act in the office of commissioner during—\na vacancy in the office of commissioner; or\na period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.\n- (a) a vacancy in the office of commissioner; or\n- (b) a period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":20},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Office of the Queensland food farmers’ commissioner","content":"## Office of the Queensland food farmers’ commissioner","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Office of the Queensland food farmers’ commissioner","content":"### sec.18 Office of the Queensland food farmers’ commissioner\n\nThe office of the Queensland food farmers’ commissioner is established.\nThe office’s function is to help the commissioner perform the commissioner’s functions.\nThe office consists of the commissioner and the commissioner’s staff.\n(sec.18-ssec.1) The office of the Queensland food farmers’ commissioner is established.\n(sec.18-ssec.2) The office’s function is to help the commissioner perform the commissioner’s functions.\n(sec.18-ssec.3) The office consists of the commissioner and the commissioner’s staff.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Staff","content":"### sec.19 Staff\n\nThe commissioner’s staff are employed under the Public Sector Act 2022 .","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Control of office","content":"### sec.20 Control of office\n\nThe commissioner controls the office.\nSubsection (1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services the office requires to perform its function effectively and efficiently.\n(sec.20-ssec.1) The commissioner controls the office.\n(sec.20-ssec.2) Subsection (1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services the office requires to perform its function effectively and efficiently.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Staff not subject to outside direction","content":"### sec.21 Staff not subject to outside direction\n\nThe commissioner’s staff are not subject to direction by any person, other than from within the office, about the way the commissioner’s functions are to be performed.\nSubsection (1) applies despite the Public Sector Act 2022 .\n(sec.21-ssec.1) The commissioner’s staff are not subject to direction by any person, other than from within the office, about the way the commissioner’s functions are to be performed.\n(sec.21-ssec.2) Subsection (1) applies despite the Public Sector Act 2022 .","sortOrder":25},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Role of Minister and reporting requirements","content":"## Role of Minister and reporting requirements","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Ministerial direction","content":"### sec.22 Ministerial direction\n\nThe Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\nThe commissioner must comply with a direction given under subsection (1) .\nThe commissioner must include details, in the commissioner’s annual report prepared under section 25 , of—\nany direction given by the Minister under subsection (1) during the financial year to which the report relates; and\nthe actions taken by the commissioner as a result of the direction.\n(sec.22-ssec.1) The Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.\n(sec.22-ssec.2) The commissioner must comply with a direction given under subsection (1) .\n(sec.22-ssec.3) The commissioner must include details, in the commissioner’s annual report prepared under section 25 , of— any direction given by the Minister under subsection (1) during the financial year to which the report relates; and the actions taken by the commissioner as a result of the direction.\n- (a) any direction given by the Minister under subsection (1) during the financial year to which the report relates; and\n- (b) the actions taken by the commissioner as a result of the direction.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Statement of expectations","content":"### sec.23 Statement of expectations\n\nThe Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\nWithout limiting subsection (1) , the statement of expectations may—\nstate a particular period for which the statement applies; and\nprovide for the nature and scope of the commissioner’s activities for a particular period.\nThe commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n(sec.23-ssec.1) The Minister may give the commissioner a written statement (a statement of expectations ) about the Minister’s expectations for the performance of the commissioner’s functions.\n(sec.23-ssec.2) Without limiting subsection (1) , the statement of expectations may— state a particular period for which the statement applies; and provide for the nature and scope of the commissioner’s activities for a particular period.\n(sec.23-ssec.3) The commissioner must have regard to the statement of expectations in performing the commissioner’s functions.\n- (a) state a particular period for which the statement applies; and\n- (b) provide for the nature and scope of the commissioner’s activities for a particular period.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Reporting to Minister","content":"### sec.24 Reporting to Minister\n\nThe commissioner must—\nkeep the Minister reasonably informed about the functions performed by the commissioner; and\ncomply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed by the commissioner.\n- (a) keep the Minister reasonably informed about the functions performed by the commissioner; and\n- (b) comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed by the commissioner.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Annual report","content":"### sec.25 Annual report\n\nThe commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the functions performed by the commissioner during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.25-ssec.1) The commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the functions performed by the commissioner during the financial year.\n(sec.25-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.","sortOrder":30},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Exchange of information","content":"### sec.26 Exchange of information\n\nThe commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the commissioner or relevant agency; or\nto which the commissioner or relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe commissioner in performing the commissioner’s functions under this Act; or\nthe relevant agency in performing its functions.\nUnder an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party; and\nuse information disclosed under this section in the performance of their functions under this Act or another law.\nIn this section—\nrelevant agency means—\nthe chief executive of a department; or\na local government; or\nanother entity established for a State government purpose that performs functions or administers matters relevant to farmers or consumers.\n(sec.26-ssec.1) The commissioner may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the commissioner or relevant agency; or to which the commissioner or relevant agency has access.\n(sec.26-ssec.2) An information-sharing arrangement may relate only to information that assists— the commissioner in performing the commissioner’s functions under this Act; or the relevant agency in performing its functions.\n(sec.26-ssec.3) Under an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party; and use information disclosed under this section in the performance of their functions under this Act or another law.\n(sec.26-ssec.4) In this section— relevant agency means— the chief executive of a department; or a local government; or another entity established for a State government purpose that performs functions or administers matters relevant to farmers or consumers.\n- (a) held by the commissioner or relevant agency; or\n- (b) to which the commissioner or relevant agency has access.\n- (a) the commissioner in performing the commissioner’s functions under this Act; or\n- (b) the relevant agency in performing its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party; and\n- (c) use information disclosed under this section in the performance of their functions under this Act or another law.\n- (a) the chief executive of a department; or\n- (b) a local government; or\n- (c) another entity established for a State government purpose that performs functions or administers matters relevant to farmers or consumers.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Confidentiality","content":"### sec.27 Confidentiality\n\nThis section applies to a person who—\nis, or has been, performing functions under or relating to the administration of this Act; and\nin that capacity, has acquired or has access to personal information about another person.\nThe person must not disclose the information to anyone else, or use the information, other than under this section.\nMaximum penalty—50 penalty units.\nThe person may disclose or use the information—\nto the extent the disclosure or use is—\nnecessary to perform a function under or relating to the administration of this Act; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nIn this section—\ndisclose includes give access to.\ninformation includes a document.\npersonal information means information about a person’s affairs.\n(sec.27-ssec.1) This section applies to a person who— is, or has been, performing functions under or relating to the administration of this Act; and in that capacity, has acquired or has access to personal information about another person.\n(sec.27-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—50 penalty units.\n(sec.27-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform a function under or relating to the administration of this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.27-ssec.4) In this section— disclose includes give access to. information includes a document. personal information means information about a person’s affairs.\n- (a) is, or has been, performing functions under or relating to the administration of this Act; and\n- (b) in that capacity, has acquired or has access to personal information about another person.\n- (a) to the extent the disclosure or use is— (i) necessary to perform a function under or relating to the administration of this Act; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) necessary to perform a function under or relating to the administration of this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Protection from liability","content":"### sec.28 Protection from liability\n\nThe commissioner is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to the commissioner, the liability attaches instead to the State.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see section 269 of that Act.\n(sec.28-ssec.1) The commissioner is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.28-ssec.2) If subsection (1) prevents civil liability attaching to the commissioner, the liability attaches instead to the State. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see section 269 of that Act.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Review of Act","content":"### sec.29 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after the day that is 4 years after the commencement.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.29-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the day that is 4 years after the commencement.\n(sec.29-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Regulation-making power","content":"### sec.30 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":36}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing an advocacy and advisory role for farmers in supermarket dealings. The scope has not expanded beyond this core function."},"complexity_factors":["Straightforward structure with only 3 Parts and 30 sections","Minimal cross-referencing — mostly refers to well-known external statutes (Fair Trading Act, Competition and Consumer Act)","Simple appointment and administrative framework typical of statutory officeholder legislation","Only 7 defined terms in the interpretation section","No nested exceptions or complex conditional logic — most provisions are direct statements of function or procedure","Standard confidentiality and liability provisions common across Queensland legislation"],"plain_english_summary":"This law creates a new government position called the **Queensland Food Farmers' Commissioner** — essentially an advocate and watchdog for Queensland farmers who supply supermarkets.\n\n**What it does:**\n- Establishes an independent office to help farmers deal with supermarkets\n- Aims to fix the power imbalance between big supermarket chains and individual farmers\n- Improves transparency around food pricing and supply chains\n- Provides a single point of contact for farmers to get advice and raise concerns\n\n**Who it affects:**\n- **Queensland farmers** — anyone whose main business is farming (including agriculture, dairy, horticulture, poultry, viticulture, etc.)\n- **Supermarkets** — though they don't have direct obligations under this Act, their dealings with farmers are monitored\n- **Consumers** — indirectly, through better transparency and supply chain stability\n\n**Key powers of the Commissioner:**\n- Gives advice to farmers about their relationships with supermarkets\n- Works with other regulators (like the ACCC and Fair Trading)\n- Monitors national developments in supermarket-supplier relationships\n- Reports to the Minister about dodgy business practices affecting farmers or consumers\n- Can share information with other government agencies\n- Can operate outside Queensland when needed\n\n**Important limitations:**\n- The Commissioner **cannot** force supermarkets to change their behaviour (no enforcement powers)\n- The role is advisory and advocacy-focused, not a regulator with teeth\n- The Commissioner isn't a 'statutory body' for financial accountability purposes\n\n**Why it matters:**\nFarmers have long complained that big supermarket chains hold all the power in negotiations — dictating prices, changing terms last-minute, and squeezing suppliers. This creates an official voice for farmers within government to highlight these issues and push for fairer treatment, though it stops short of giving the Commissioner direct powers to punish bad behaviour."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act closely mirrors its stated main object. The Commissioner's functions (information, advice, reporting, collaboration) are all directly aligned with the three stated purposes: transparency, redressing power imbalances, and supporting supply chain sustainability. There is no apparent scope creep or narrowing from the declared intent."},"complexity_factors":["Relatively short and straightforward Act with a clear single purpose","References to multiple external Commonwealth and State Acts (Competition and Consumer Act, Fair Trading Act, Public Sector Act, Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Acts Interpretation Act, Food Standards Australia New Zealand Act) requiring cross-referencing","The relationship between Ministerial direction powers and the Commissioner's operational independence introduces mild tension","The information-sharing and confidentiality provisions contain layered exceptions that require careful reading","No enforcement or investigative powers — the Commissioner's role is advisory only, which may create practical ambiguity about effectiveness"],"plain_english_summary":"The law creates a Queensland Food Farmers' Commissioner — an advisory, information and advocacy office to help Queensland farmers deal with supermarkets. It acts as a first point of contact, gives contract and supply‑chain advice, liaises with regulators, and reports to government and the public.\n\nIt has no enforcement powers (no fines or compulsory orders). The role aims to address supermarket–farmer power imbalances, improve transparency, and raise issues affecting farmers and consumers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act establishes a new office with functions, powers, appointment, reporting, information-sharing and confidentiality rules. The text does not show amendments to or narrowing/expansion of an existing scheme; it creates the commissioner role and prescribes its scope consistent with the Act’s stated object (secs 2–5)."},"complexity_factors":["Ministerial direction and mandatory compliance (sec 22) — the Minister can give written directions the commissioner must follow, creating executive oversight.","Statement of expectations and 'have regard to' obligation (sec 23) — non-binding guidance that still constrains priorities and activities.","Annual reporting and tabling (sec 25) — formal transparency and parliamentary tabling deadlines impose administrative and timing requirements.","Information-sharing powers that override other laws (sec 26) — enables exchanges with departments, local governments and other state entities despite other Acts, raising legal and privacy coordination needs.","Confidentiality duty with criminal penalty (sec 27) — strict limits on handling personal information (50 penalty units) create compliance risk and record-keeping obligations.","Appointment, term limits and removal (secs 10–16) — Governor in Council appointment on Minister recommendation, capped terms and grounds for removal give the executive appointment/removal discretion.","Staff independence vs administrative attachment (secs 20–21) — staff are protected from outside direction but office may be attached to a department for support, creating operational trade-offs.","Delegation and extraterritorial reach (secs 7, 8) — functions may be performed outside Queensland and delegated to public service officers, affecting operational scope and accountability.","Liability protection (sec 28) — commissioner insulated from civil liability for honest, non-negligent acts, with liability instead attaching to the State, changing risk allocation.","Explicit non-application under financial statutes (sec 6) — the office is declared not a statutory body for certain financial Acts, affecting its financial governance regime."],"plain_english_summary":"This Act creates the Queensland Food Farmers’ Commissioner — an office to act as a single point of contact and adviser for Queensland farmers and consumers in dealings with supermarkets. The commissioner can monitor supermarket–supplier arrangements, publish reports, share information with state agencies, and advise the Minister and government (secs 4–5, 25–26). The Minister may give written directions and expectations which the commissioner must follow or have regard to, and the commissioner must report annually (secs 22–25)."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-food-farmers-commissioner-act-2024","history":"/api/acts/queensland-food-farmers-commissioner-act-2024/history","analysis":"/api/acts/queensland-food-farmers-commissioner-act-2024/analysis","conflicts":"/api/acts/queensland-food-farmers-commissioner-act-2024/conflicts","importantCases":"/api/acts/queensland-food-farmers-commissioner-act-2024/important-cases","documents":"/api/acts/queensland-food-farmers-commissioner-act-2024/documents"}}