{"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."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"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":"## What is this law about?\n\nThis Queensland law creates a new government official called the **Queensland Food Farmers' Commissioner** — think of it as a dedicated watchdog and support office for Queensland farmers who deal with supermarkets.\n\n## Who does it affect?\n\n- **Queensland farmers** (anyone whose main business is farming in Queensland, including crop growers, dairy farmers, beekeepers, poultry farmers, aquaculture operators and more)\n- **Consumers** (ordinary shoppers affected by supermarket pricing and supply chain issues)\n- **Supermarkets** (their dealings with farmers are the main focus)\n\n## What does the Commissioner actually do?\n\nThe Commissioner's role is largely **advisory and informational** — not enforcement. Specifically, they:\n\n1. **Act as a first point of contact** for farmers who have issues with supermarkets\n2. **Provide advice and information** to help farmers understand contracts and arrangements with supermarkets\n3. **Work with other regulators** like the Australian Competition and Consumer Commission (the national body that enforces competition law) and Queensland's Fair Trading office\n4. **Monitor and advise the Queensland Government** on supermarket-supplier relationship rules at a national level\n5. **Prepare and publish reports** on issues affecting farmers or consumers, including dodgy supermarket behaviour\n\n## What the Commissioner *cannot* do\n\nImportantly, this law gives the Commissioner **no direct enforcement powers** — they cannot fine supermarkets, compel documents, or order compensation. Their power is through information, advice, reporting, and raising issues with government.\n\n## Key features of the office\n\n- Appointed by the Governor in Council (senior government), serving up to **3 years**, renewable once\n- Can be removed for misconduct, incompetence or neglect\n- The **Minister can give written directions** to the Commissioner, which must be followed (and must be disclosed in annual reports — keeping it transparent)\n- Staff are **independent** and cannot be directed by outside agencies\n- Must produce an **annual report** tabled in Parliament\n- The law must be **reviewed after 4 years** to check if it's working\n- A **confidentiality obligation** applies to anyone who handles personal information through this office (with a penalty of up to 50 penalty units — currently around $8,000 — for unlawful disclosure)\n- The Commissioner can **share information** with other government agencies to help perform their functions\n\n## Why does it matter?\n\nThis law was created in response to growing concerns about the **power imbalance** between large supermarket chains and small Queensland farmers — where supermarkets can effectively dictate prices and terms. The Commissioner is designed to give farmers a voice, improve transparency in pricing and supply chains, and flag problems to government — even if they can't directly fix those problems themselves."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.5(c)","severity":"medium","reasoning":"FSANZ's mandate under the Food Standards Australia New Zealand Act 1991 (Cwlth) concerns food safety and labelling standards applied to food products, not the regulation of farmers or farm businesses. Listing it as an example of an entity 'responsible for regulating farmers' is factually and legally inaccurate, creating a nonsensical mandate to collaborate with an irrelevant body in this context.","confidence":0.75,"description":"The commissioner is tasked with working collaboratively with entities 'responsible for regulating farmers', but Food Standards Australia New Zealand (FSANZ) regulates food standards for consumers and manufacturers, not farmers. FSANZ has no direct regulatory role over farming businesses."},{"type":"other","section":"sec.3 (definition of 'farmer')","severity":"medium","reasoning":"The 'sole or main business' requirement creates an all-or-nothing threshold. A person who earns 49% of income from farming and 51% from another source is entirely excluded, while one who earns 51% from farming is fully included. This binary construction is poorly suited to the complex economic realities of mixed-enterprise rural businesses and could undermine the Act's stated object of supporting Queensland farmers.","confidence":0.8,"description":"The definition of 'farmer' requires that farming be a person's 'sole or main business', yet the definition of 'farming business' is broad enough to include businesses 'prescribed by regulation'. A person whose sole business is a regulation-prescribed activity may not intuitively be a 'farmer', yet the definition compels this outcome. More critically, a person with two equally significant businesses — one farming, one not — falls entirely outside the definition, creating an arbitrary and rigid threshold."},{"type":"other","section":"sec.2 and sec.5","severity":"medium","reasoning":"Section 2 explicitly includes consumers as a beneficiary class. Section 5 grants the commissioner only soft advisory functions for consumers (reporting to the Minister about matters 'relating to farmers or consumers'). There is no mechanism for consumers to access the commissioner, lodge complaints, or receive direct assistance. The consumer-protection object is effectively unenforceable given the functions provided.","confidence":0.78,"description":"The Act's stated object includes supporting both 'Queensland farmers AND consumers', yet the commissioner's functions are almost entirely farmer-focused. The commissioner is defined as a contact point 'for matters affecting farmers', advises on arrangements between supermarkets and 'their suppliers' (not consumers), and has no investigative or remedial powers with respect to consumers at all. The inclusion of consumers in the object appears aspirational and hollow."},{"type":"self_contradicting","section":"sec.21 and sec.22","severity":"medium","reasoning":"The independence guarantee in sec.21 is rendered largely illusory by sec.22. If the Minister directs the commissioner (who must comply under sec.22(2)) and the commissioner then directs staff, external Ministerial control is effectively exercised over staff without technically breaching sec.21's literal terms. The provision creates the appearance of independence without the substance.","confidence":0.82,"description":"Section 21 declares that the commissioner's staff are not subject to direction by any person 'other than from within the office', yet section 22 allows the Minister to give binding written directions to the commissioner — who is within the office and directs the staff. This creates a structurally circular independence: staff are nominally insulated from external direction, but the commissioner (their internal director) is legally compelled to obey the Minister's directions, meaning Ministerial control flows through the commissioner to the staff."},{"type":"self_contradicting","section":"sec.5(g)","severity":"high","reasoning":"The core object of the Act is transparency. Requiring Ministerial co-approval for publication of the commissioner's own reports creates a structural tension where the primary mechanism for achieving transparency (public reporting) can be suppressed by the executive branch the commissioner is meant to independently advise. This is particularly concerning given the Minister's concurrent power under sec.22 to direct the commissioner's activities.","confidence":0.85,"description":"Publication of reports prepared under sec.5(f) requires the agreement of both the commissioner AND the Minister. This gives the Minister an effective veto over public disclosure, which directly undermines the Act's stated object of 'improving transparency' in sec.2(a)."},{"type":"other","section":"sec.6","severity":"high","reasoning":"The exclusion from the Financial Accountability Act 2009 means the office has no statutory obligation to maintain accounts, prepare financial statements, or submit to Auditor-General scrutiny under that framework. This is anomalous for a publicly funded office and contradicts general principles of public sector accountability, particularly given the Act provides no alternative accountability mechanism for public expenditure.","confidence":0.72,"description":"Section 6 declares the commissioner is not a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982, meaning no financial accountability framework applies to the office. Yet the office employs staff under the Public Sector Act 2022 (sec.19) and controls a government office (sec.20). This creates a body spending public money with no legislative financial accountability regime."},{"type":"other","section":"sec.29","severity":"low","reasoning":"While not strictly a logical impossibility, the misalignment between the 4-year review trigger and the 3-year appointment terms creates a practical absurdity where the review may systematically occur at a point of institutional transition, reducing its evaluative value.","confidence":0.55,"description":"The review of the Act's effectiveness is triggered 'as soon as practicable after the day that is 4 years after commencement'. The first commissioner's maximum term is 3 years (sec.11(1)), potentially renewable once for a further 3 years (sec.11(2)). The review could therefore occur when the office is between commissioners or early in a second term, meaning the review may not capture a complete commissioner lifecycle or may assess an office whose leadership has entirely changed."}],"contradictions":[{"severity":"medium","section_a":"sec.12(3)","section_b":"sec.13","confidence":0.76,"description":"Section 12(3) states the commissioner is appointed under this Act and not the Public Sector Act 2022, distancing the role from the public service. Section 13 then preserves all public service rights and treats service as commissioner as continuous public service — effectively treating the commissioner as a public service officer for entitlement purposes while denying the statutory basis that creates those entitlements."},{"severity":"medium","section_a":"sec.20(1)","section_b":"sec.20(2)","confidence":0.7,"description":"Section 20(1) states the commissioner controls the office. Section 20(2) permits the office to be attached to a department for administrative support. Attachment to a department necessarily imports departmental administrative hierarchies, procedures, and oversight that may conflict with the commissioner's claimed control, particularly given that departmental chief executives have statutory responsibilities under the Public Sector Act 2022 for their department's administrative functions."},{"severity":"medium","section_a":"sec.22(1)-(2)","section_b":"sec.5(2)","confidence":0.73,"description":"Section 5(2) grants the commissioner power to do 'anything necessary or convenient' to perform the commissioner's functions, implying broad operational discretion. Section 22(1)-(2) requires the commissioner to comply with any Ministerial written direction 'about a matter relevant to the performance of the commissioner's functions' — which is effectively unlimited in scope given how broadly 'relevant' could be construed. The Ministerial direction power potentially swallows the commissioner's entire independent discretion."},{"severity":"high","section_a":"sec.2(b)","section_b":"sec.5","confidence":0.88,"description":"The Act's object in sec.2(b) includes 'redressing power imbalances' between supermarkets and farmers. However, the commissioner's functions in sec.5 are limited to providing information, advice, monitoring, and reporting. There are no investigative powers, no ability to compel disclosure, no dispute resolution mechanisms, and no enforcement tools. The functions are structurally incapable of redressing power imbalances; they can only describe them."},{"severity":"medium","section_a":"sec.26(3)","section_b":"sec.27(2)","confidence":0.67,"description":"Section 26(3) authorises disclosure of information 'despite another Act or law' under an information-sharing arrangement. Section 27(2) creates a criminal offence for disclosing personal information except in defined circumstances. Section 27(3)(a)(ii) permits disclosure 'otherwise required or permitted under this Act or another law'. It is unclear whether a sec.26 information-sharing arrangement constitutes permission 'under this Act' for sec.27 purposes, creating ambiguity about whether sharing personal information under a sec.26 arrangement attracts criminal liability under sec.27."},{"severity":"medium","section_a":"sec.21(1)","section_b":"sec.19","confidence":0.74,"description":"Section 19 provides that staff are employed under the Public Sector Act 2022, which contains extensive provisions about management, direction, and accountability of public service officers. Section 21(1) purports to override the Public Sector Act 2022 (per sec.21(2)) by insulating staff from external direction. This creates an irresolvable tension regarding which disciplinary, performance management, and direction provisions of the Public Sector Act 2022 remain operative for staff who are simultaneously employed under that Act but shielded from external direction by sec.21."}]}},"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"}}