Administration of Commercial Laws Act of 1962 (Qld)

6 (Queemlanb ANNO UNDECIMO EUZABETHAE SECUNDAE REGINAE ee e I I t I I ' I• I I I I I I I I I I I I I I I I I I I t I f I tt I I I I I I I I I I I I I I I No. 3 of 1962 An Act to provide for the appointment of Certain Officen for the Purposes of the Administration of "The Companies Act of 1961," and certain other Commercial Acts, and for purposes incidental thereto [ASSENTED TO 17TH SEPTEMBER, 1962] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Administration of Commercial Laws Act of 1962." Meanmgs of 2. Without limiting the operation of "'The Acts terms Interpretation Acts, 1954 to 1960," unless the context otherwise indicates, the following terms shall have the meanings set against them respectively, that is to say:- Registrar " Registrar "-The Registrar of Companies and Commercial Acts, Brisbane, appointed under this Act; the term, where applicable includes a deputy registrar;

Administration of Commercial Laws Act of 1962, No. 3 7 " Deputy registrar "-A Deputy Registrar of r D e e g p is u tr t a y r Companies and Commercial Acts, Brisbane, appointed under this Act; the term includes any person appointed to act as, or for the time being performing the duties of a Deputy Registrar of Companies and Commercial Acts, Brisbane. 3. (1) The Governor in Council may, from time to A of pp R o e i g n i t s m tra e r nt time, appoint a Registrar of Companies and Commercial Acts, Brisbane. Subject to this Act, every such appointee shall be appointed to and hold his office under, subject to and in accordance with " The Public Service Acts, 1922 to 1960." (2) The person who, immediately prior to the commencement of this Act, held the office of Registrar of Companies and Registrar, Commercial Acts, Brisbane, shall, without further or other appointment whatsoever, be, and be deemed to have been appointed under" The Public Service Acts, 1922 to 1960," to be the Registrar of Companies and Commercial Acts, Brisbane, and shall hold office accordingly. 4. (1) The Governor in Council may, from time to o A f p d l> e O p i u n t t y ment time, appoint such and so many Deputy Registrars of registrars Companies and Commercial Acts, Brisbane, as he considers necessary. Subject to this Act, every such appointee shall be appointed to and hold his office under, subject to and in accordance with " The Public Service Acts, 1922 to 1960." (2) The persons who, immediately prior to the commencement of this Act, held the offices of Deputy Registrar of Companies, Brisbane, and Deputy Registrar under the Commercial Acts, and Inspector, Brisbane, respectively, shall each, without further or other appointment whatsoever, be, and be deemed to have been appointed under" The Public Service Acts, 1922 to 1960," to be a Deputy Registrar of Companies and Commercial Acts, Brisbane, and shall hold office accordingly.

8 Administration of Commercial Laws Act of 1962, No. 3 Judicial nodceof appoint- mm1s, &c. 5. All courts, judges, justices and persons acting judicially shall take judicial notice of the appointment of the Registrar and of every deputy registrar, and of their respective si~tures affixed to any document, notice, or other writing whatsoever, and until the contrary is proved, shall presume that any such signature was duly affixed to such document, notice, or other writing. Offlc:es to be held by Relistrar 6. (1) The Registrar shall, without further or other appointment whatsoever hold each of the following offices, that is to say :- (a) The Registrar of Companies, Brisbane, under "The Companies Act of 1961 "; (b) The principal registrar under "The Registration of Firms Acts, 1942 to 1958 "; (c) The registrar of auctioneers, real estate agents, debt collectors and motor dealers under " The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961 "; (d) The Registrar of Money Lenders under "The Money Lenders Acts, 1916 to 1959 "; (e) The Registrar of Building Societies under " The Building Societies Acts, 1886 to 1958 "; (f) The registrar of co-operative societies under "The Co-operative Societies Acts, 1946 to 1951 "; (g) The registrar of co-operative housing societies under " The Co-operative Housing Societies Acts, 1958 to 1961 "; and (h) An inspector under "The Hire-purchaseAct of 1959," in all respects as if he had been duly appointed to each and every such office in accordance with the respective Act creating the same, and shall have and may exercise all of the powers, authorities and functions, and shall perform all of the duties of each and every such office accordingly. (2) The Governor in Council may, by Order in Council, at any time and from time to time, declare that the Registrar shall hold such other office, either

Administration of Commercial Laws Act of 1962, No. 3 9 in addition to the offices referred to in subsection (1) of this section, or in substitution for any of such offices, as is specified in the Order in Council. Thereupon the Registrar shall, without further or other appointment whatsoever, hold such other office in all respects as if he had been duly appointed thereto in accordance with the Act creating the same, and shall have and may exercise all of the powers, authorities and functions, and shall perform all of the duties of such other office accordingly. 7. (1) Every deputy registrar shall, without further Offices to or other appointment whatsoever, hold each of the d b e e p h u e t l y d by following offices, that is to say : - registrars (a) A Deputy Registrar of Companies, Brisbane under " The Companies Act of 1961 "; (b) A registrar under " The Registration of Firms Acts, 1942 to 1958 "; (c) A deputy registrar under "The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1961 "; (d) A deputy registrar under " The Money Lenders Acts, 1916 to 1959 "; (e) A Deputy Registrar under "The Building Societies Acts, 1886 to 1958 "; (f) A deputy registrar under " The Co-operative Societies Acts, 1946 to 1951 "; (g) A deputy registrar under " The Co-operative Housing Societies Acts, 1958 to 1961 "; and (h) An inspector under " The Hire-purchase Act of 1959/' in all respects as if he had been duly appointed to each and every such office in accordance with the respective Act creating the same, and, without prejudice to the provisions of section eight of this Act, shall have and may exercise all of the powers, authorities and functions of each and every such office accordingly. (2) For the purposes of this Act, "The Money Lenders Acts, 1916 to 1959," "The Building Societies Acts, 1886 to 1958," "The Co-operative Societies Acts, 1946 to 1951," and "The Co-operative Housing Societies Acts, 1958 to 1961," shall each be deemed to contain,

10 Administration of Commercial Laws Act of 1962, No. 3 and to have always contained, a provision empowering the Governor in Council to appoint, from time to time, such and so many deputy registrars as he considers necessary. (3) Every deputy registrar who, by virtue of subsection (1) of this section, holds the office of a registrar under "The Registration of Firms Acts, 1942 to 1958," shall be deemed to be a registrar under those Acts appointed generally, and without a district assigned to him. (4) The Governor in Council may, by Order in Council, at any time and from time to time, declare that every deputy registrar shall hold such other office, either in addition to the offices referred to in subsection (1) of this section, or in substitution for any of such offices, as is specified in the Order in Council. Thereupon, every deputy registrar shall, without further or other appointment whatsoever, hold such other office in all respects as if he had been duly appointed thereto in accordance vi,ith the Act creating the same, and, without prejudice to the provisions of section eight of this Act, shall have and may exercise all of the powers, authorities and functions of such other office accordingly. Powers, &c., 8. (I) Notwithstanding the provisions of any of ~ ~ : the Acts referred to in subsection (1) of section seven of this Act, or of any Act referred to in an Order in Council under subsection (4) of that section, any deputy registrar- (a) may, in the event of and during the absence from any reason whatsoever of the Registrar, or in the event of a vacancy occurring in the office of the Registrar and until a new Registrar is appointed, act as the Registrar and while he so acts shall have and may exercise all of the powers, authorities and functions, and shall perform all of the duties of the Registrar ·;

Administration of Commercial Laws Act of 1962, No. 3 (b) shall have and may exercise all such powers, authorities and functions (including any powers, authorities and functions of the Registrar), and shall perform all such duties (including any duties of the Registrar) under any of the Acts referred to in subsection (I) of section seven of this Act, or under any Act referred to in an Order in Council under subsection (4) of that section, as the Registrar, either generally or in a particular case, may direct or require. (2) The fact that a deputy registrar has exercised any power, authority or function, or has performed any duty of the Registrar shall, until the contrary is proved, be sufficient evidence that such deputy registrar has duly exercised such power, authority or function, or performed such duty, in accordance with the provisions of this Act. 11