Agricultural Bank Acts Amendment Act of 1911 (2 Geo v No. 25) (Qld)

l. PUBLIC ACTS OF THE PARLIAMENT OF QUEENSLAND!) 2° GEORGII V. .) AG R I C U L T U R E . An Act to Consolidate and Amend "The Agri- 2NGoe.o2. 5V. . cultural Bank Acts, 1901 to 1905."* THE AGRICULTURAL [ASSENTED TO 22ND DECEMBER, 1911.} A B ~ A f N E K ND A M C E T N S T B ACT OF 1911. E it enacte~ by the KiI~ g's Most Excellent Majes~ y, . by and wIth the adVIce and consent of the LegIS- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Agricultural Bank Short title, " Acts A mendment Act of 1911 " and shall be read as one construction, with "The Agricultural Bank Acts, 1901 to 1905,"t which : e~ c: = ~ t of ~ A. ' cts; " with this Act, may together be cited as " Th~ Act. 4gricultural Bank Act (Consolidated) of 1911." "'I:he Ligrioultural Batik Act of 1901" is herein referred to a: ~ the Principal Aqt~ . " " "" This Act shall commence and take effect on and from tJi~ first dtty of; .January, one thousand" niue .hundred and twelve: " '.:, 2.1 11 the deflnition of "Agricultural Lands" in Amendment ~ 9~ion two of the • Principal Act, the words. ;, mining of s. 2. homestead leases held under Part VIII. of" are repealed, and the words "miner's homestead lease as defined by" are inserted in lieu: thereof. .• The following provision is added to the said section two:- Where by this Act any remedy is given to the Remedy Trustees against or with respect to any land, the expression ? , ga{ n~ t lEmd ' ~ Jand" shalL include not only the land but also all i:'p;o::. improvements thereon. ments. !to "The' Agrioultural Bank Aot (Oonsolidated) of 1911" is printed in Appendix A, infra. t 1 Edw. VII. No. 24; 4 Edw. VII. No. 13; and5 Edw. VII. No. 15, supra, pages 35 et seq.

5064 AGRICULTURE. A.qricultural Bank Act Amendment Act. 2 GEO. V. No. 25, o A f m s. en4d. ment cipal 3 A . c(t1, .) thIen wsuobrdsesct" ioHn eonmeaoyf pseacytitoon. tfhoeurTroufsttehees Psruicnh- salaries and allowances as he thinks fit" are repealed. Subsection three of the said section is repealed, and the following provisions are inserted in lieu thereof :- [3.J Dne of the Trustees shall be appointed to be the Managing Director of the Bank, and shall be paid such salary and allowances as the Governor in Council thinks fit. The Managing Director shall devote his whole time to the service of the Bank, and shall not engage in any employment other than in connection with the duties of his office. The Governor in Council may remove the Managing Director from his office for misbehaviour or incompetence, or if he engages in any employment other than in con- nection with the duties of his office, or absents himself from duty for a period of seven consecutive days, except on leave granted by the Secretary for Agriculture. The Managing Director shall hold office during ihe pleasure of the Crown. [4.J Each Trustee, other than the Managing Director, shall be entitled to receive a fee of three guineas for every meeting of the Trustees which he attends up to the time of the termination thereof, but the total sum paid to either of such Trustees in .respect of such attendance and any other allowances, exclusive of actual travelling expenses, if any, shall not exceed one hundred and fifty-seven pounds ten shillings in any year. The Trustees, other than the Managing Di~ ector, shall hold office fora period of two years, but shall be eligible to be from time to time reappointed to office for a further period of like duration. ' [o'.J The remuneration of and allowances to the Trustees shall be paid out of moneys to be appropriated from time to time by Parliament for the purpose. Consequential (2.) The following amendments are made in the amendments. Principal Act :- In section two, the definition of "Manager" IS repealed. The first paragraph of section six is repealed. In subsections one and two of section seven, the words " Manager or other" are repealed.

AGRICUL'rURE. 5065 1911- Agricultural Bank Act Amendm~ nt Act. In subsection two of the said section, the word "Manag-er," where it occurs after the words "Deputy Trustee," is repealed. • In sections fifteen, sixteen, nineteen, twenty, and twenty-two, the word "Manager/' wherever it occurs, is repealed, and the words "Managing Director" are respectively inserted in lieu thereof. . (3.) In sections two and seven of " The Agricultural Bank Act Amendment Act of 1904,"* and in section four of "The Agricultural Bank Acts Amendment Act of 1905,"t the word "Manager," wherever it occurs, is repealed, and the words "Managing Director" are respectively inserted in lieu thereof. 4~ Forthwith upon the appointment of new Trustees Offices of under the authority conferred by this Act, the Trustees ~ xist~ ng of the Bank appointed under the Principal Act and then v~ : t: : ~ in office shall vacate their respective offices, and shall cease to be such Trustees. 5. (1.) In subsection (a) of section two of "The Amendment Agl'icultural Bank Act Amendment Act of 1904,"* the ~ fo~ sA! ta~ t words "on the holding" are repealed, and the words 1904. 'f:/with respect to the holding, or payment of. the balance of any pu.rchasemoney in respect of the purchase of the holding or any stock, machinery, or implements therefor" are inserted in lieu thereof. (2.) Section fouit' of the last-mentioned Act is repealed. 6. Subsections one and two of section three of "The Amendment .dgricultural Bank Act Amendment Act . oif 1904"* are ooff 1 s. 9 3 04 o . f A." l'Iepealed, and the foUowing subsections are inserted in lieu thereof :- (1.) The amount which may be advanced under this Act shall in every case be determined by the fair estimated value of the holding with the improvements made and proposed to be made thereon, after taking into considera- tion all sums already advanced and still owing on the security. Advances for any ·of the following purposes, namely, buildings not exceeding forty pounds, ringbarking, clear- ' ing, fencing, draining, or water conservation, may be made .of an amount not exceeding two hundred pounds to the full value of the improvements proposed to be made: Provided that, in the case of an advance being made for * 4 Edw. VII. No. 13, sU([Jra, page 42. t 5 Rdw. VII. No. 15, sUP"«, page 44.

5066 AGRICULTURE. A. ' J1~ icllltural Bank Act Amendment Act. 2 GEO. V. No. 25, the purpose of freeing land from prickly-pear, the Manag- ing Director shall retain such proportion of the advance as he thinks proper, not exceeding one-half part thereof, for such period as he thinks proper in order to secure the effective and permanent freeing of the land from prickly- pear. In . no case shall the total amount of the advances under this Act, exclusive of the advances made under the last preceding paragraph, exceed twelve shillings in the pound of such estimated value. (2.) For the purposes of making advances under this Act on the security of a miner's homestead lease, as defined by "The Mining Act of 1898,"* such leasehold shall be considered as if it were held in fee-simple by the lessee thereof. The following words are added to subsection three of the said section, namely-CC who has not first obtained in the prescribed manner a certificate that he is able to read and write from dictation words in such language as the Secretary for Agriculture may direct." Amendment 7. The following provision is added to section six of s. 6. of the Principal Act :- . Any Commissioner, Land Agent, or Crown Lands Ranger under "The LandAct qf 1910,"t and any State Inspector of Stock or of Dairy Produce or any police officer may be appointed an officer .or agent of the Bank at such salary or allowance by way of fees as the Governor i¥ Council thinks proper. ,. and aWgehnetrsevoefrthperaBctaincakbplere, fienretnhcee sahpaplol ibnetmgievnetn otof· ooffffiicceerrss of the State public service. " Amendmellt 8. The following provision is added to subsectio~ of s. 17. two ()f section seventeen of the Principal Act : - "The provisions of ' The Mercantile Acts, 1867 tt) 1896,' ~ requiring the registration of mortgages of live st.ock shall not apply to any mortgage of live stock executed in favour of the Trustees under this Act." . In subsection three of the said section as amended by section ten of " The Agricultural Bank Act Amendment Act of1904,"§ before the words" shall be liable to stamp duty," the words" or any other document or instrume:qt executed for the purposes of this Act" are inserted. * 62 Vie. No. 24, 8upra, page 2178. t 1 Geo. V. No. ID, supra, page 1347. :t 31 Vie. No. 36; 34 Vie. No. 12; and 60 Vie. No. 10, supra, pages 2133 et Beq. § 4 Edw. VII. No. 13, 8upra, page 42.

.. A.GRICULTrRE. 5067, ~ = 91L . Aqr~ ·Cltltl1ra. l ~ lInk Act Amendment . ~ ct. . . _. __.. I. ~ 9. In sectIOn eIghteeu of . the PrmClpalAct as A~ endment amended by section eleven of "The I1grioultu/i'al Banko£ s. 18. Aot Amendment Aot of 1904,"* after the words ., Crown lands," the words" or to marsupial-proof fencing or rabbit- proof fencing" are inserted. The following words are . added to the section: "or a mortgage to any person or Corporation representing the Crown under any law relating to the construction and control of sugar works." 10. In subsectionone ofsection twenty of the Principal Amendment Act, the words" subject to such conditions" are repealed, of s. 20. and the words" subject to such terms and conditioIls" are i:t;lserted in lieu thereof; also, after the words "just and expedient," the words "with power to give time for pay- ment of purchase money, or to allow the purchase money to remain on mortgage at the risk of. the borrower, and to vary or rescind any contract for sale, and to buy in at any auction, and to resell without being answerable for any loss" are inserted: . In the proviso to the said subsection the words" five Amendment per centum," "seven and a-half per centum," and "ten of s. 20. per centum " .are repealed and the words "two· and a-half pounds per centum,H "three and three-quarter pouiIds per eentum,"and "five pounds per centum" are respectively inserted in li@u thereof. The following provision is added to the said subsec- tibn:-· . "Provided further that~ before any land· is sold by private sale under this section, it shall first be offered at pu.blicallction, due notice of which shall be publicly adver- tised as prescribed in the locality where the land is situated." - 'rhe f()llowing subsectionis added to the said section:- (3.) As against mortgagors, the Trustees shall not be responsible for involuntary losses or the default of agents or auctioneers. 11. After section twenty of the Principal Act, the following section is inserted· :-.- J n addition to any other remedy provided by this Act Money due f or the recovery 0 f any sum () f money payab' le under any ibsyabdoerbrotwtoer provision of this Act to the :Managing Director or Trustees Crown. by a borrower, it is hereby declared that every such sum of money shall be and. remain until payment a debt due , ·.4 Edw. VII. No. 13, supra, page 42.

6068 AGRICULTURE. Agricultural Bank AM Amendment Act. 2 GEO. V. No. 25, by the borrower to the Crown, and shall be recoverable, with interest, by the Managing Director accordingly. Amendment 12. The following words are inserted at the beginning of s. 21. of section twenty-one of the Principal Act:- • "As an additional remedy and power and without modification or abatement of the provisions of the last preceding section" Amendment of s. 22. 13. In section twenty-two of the Principal Act, all the words after the word "behalf" to the end of the section are repealed, and the following words are inserted in lieu thereof:- (a) Keep the land comprised in such mortgage or other security free from all noxious weeds and plants, particularly prickly pear, china apple, noogoora burr, and bathurst burr; and Cb) Keep in good and tenaniable repair all fences, fixtures, and improvements upon the land; and - (a) Insure and keep insured all buildings above the value of forty pounds upon the land; and (d) Pay all rates and taxes, and perform all the lawful requisitions of any local or other authority with respect to the land;. and' (e) Perform the conditions <?f any lease and observe the provisions of any Act under which the land is held: If, after the expiration of two monthst notice in writing by the Managing Director, such person has not complied with the require- ments of this section- Ci.) The like consequences shall follow as are hereinbefore provided in case of default made in the payment of any sum of money payable under this Act; or (ii.) The Managing Director or any person authorised in that behalf may comply with all such requirements and, if necessary for that purpose, enter upon the land, and the expense thereby incurred with interest at the rate of five pounds per centum per anfl.um shall be repaid to the Managing Director by the borrower on demand, and if not so paid the Trustees may, at their option,. either forthwith exercise the powers conferred

AGRICVLTURE. 5069 1911. Agricultural Bank Act Ampndment Act. upon them as aforesaid in case of default made in the payment of any sum of money or add the amount of such expense and interest to the mortgage debt, whereupon the same shall be deemed to be part thereof. 14. (1.) In subsection (i.) of section twenty-three of Amendment the Principal Act, before the word "subdivided," the of s. 23. word "transferred" is inserted; also, before the words "letting," the words "transfer or" are inserted; also, before the word "subdivides," the word "transfers" is inserted. (2.) After the said section twenty-three, the following sections are inserted :- Whenever under this Act power is conferred upon Power to lea. ~ the Trustees to cause any • land to be sold b, .J ,' reason ofin s l e ll m ~ e g u , o&f c. any default or breach of covenant or condition or other.. wise, then and in every such case-' (i.) The Trustees may, if they think fit, from time to time previous to exercising such power of sale, lease such land or any part thereof for any term not exceeding fourteen years: Provided that, upon the determination of any such lease and before anv new lease or renewal of lease is granted, the Trustees shall offer to sell the fee-simple of the land at public auction as hereinbefore prescribed. Everv such lease shall contain a covenant to pay such rent and observe such conditions as the Trustees in each case think fit. The rents and profits from time to time derived from any such lease shall be applied- (a) In payment of the costs and expenses from time to time incurred in connection with the lease; (b) In payment of the instalments and other payments (if any) due under this Act; (c) In payment of the balance (if any) to the borrower. (ii.) Moreover, and without prejudice to any other remedy under th1s Act, the whole of the debt remaining unpaid by the borrower under this Act shall forthwith become due and payable, and shall be recoverable with interest by the Managing Director accordi~gly.

. AGRTCU . LTURE. ·A.'1ric.ultltral Bank Act .tlmend111/'nt Act. 2 GEO. Y. No. 25, Transfer of (1.) Where the COnElellt of the rrrustees is sought to the holding. transfer of any land with respect to .which an advance under this Act has been made, the rrrustees may require 3:s a condition to their consent that the transferee shall en.ter into and execute, in favour of the Trustees, such : inortga~e~ bonds, covenants, and other instruments and securities as will effectually secure the payment. by' the transferee of all sums of money w#h the prescribed interest advanced to the transferor under this Act, and upon the entering into and execution of the same the traIlsferee shalL be equally bound thereby as if such advance had been made to him in the first instance. . Letting of (2.) Where the consent of the fJ.'rustees is sought to land. the letting of any land with respecLto which an advance under this Act has been made, the Trustees may require . as a condition to .their consent that the lessee shall enter into and execute in favour of the Trust.ees·such agreement as will secure to the Tl'1,lstees, when so deml:\nded, all the rents and profits of· the land and the attornment of such lessee to the Trustees. Amendment of s. 24.. 15. In section twenty. four of the Principal Act as. amended by section twelve of "The Agricultural Bank Aot AmendmentAot of 1904,"* after the. words "Orown lands," the words "or mining, or declaration of forfeiture" are inserted. . .' 16. After section twenty-four of the Principal Act, the following sections are inserted, and" The Agrioultural Bank Aot (Oonsolidated) of 1911" shall be read and construed as .if the said sections were insert.ed in the Principal .Act at the date of the passing thereof :- Protection of .... N o matter or thing done and, no agreement entered aTnrru! d 0 temecsers int ; o by the Trustees or any of them or the Managing f~ o~ personal Dlrector,lOlnd no matter or thing done by any officer of lIabIlIty. the Eank or other person acting under the direction of the Trustees or Managing Direct()r, shall, if the matter or thing was done or the agreement was entered into bona fide for the purposes of ".The Agrioultural Bank Aot (Oonsolidated) of 1911," subject the Trustees or any of them .. or the Managing Director, or any such officer or person, to any personal liability in respect thereof. Notice of . . An action shall not be brought against the. Trustees action. or any of them or the Managing Director, or any officer of the Bank or ,other person, for anything done or intended oromittedtobedone under" The Agrioultural Bank Aot (ponsolidated) of 1911 ," until the expiration of one month ~ 4.])(lw,J[II.:No. 'l3, ~ ltpra, page 42.

AGRTGUL'l'UHE. .5071 19~ " l. Agricultural Bank .dot 4menament Act. after notice in writing has been served on the Trustees or person to be sued, clearly stating the cause of action and the name and place of abode of the .intended plaintiff and of his solicitor or agent. .. Gnthe trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action · which is not stated in the notice so served. Unle'ss such notice is proved, the .court shall find for the defendant. . Every 'such action shall be commenced withi:p. six . months n~ xt after the accruing of the cause of action, and . not afterwards. .0...... ', .. Any per,s(ffi to whom any such notice of action is given may ,tender amends to the plaintiff, his solicitor, ~r agent at any time within omr month after sei'vice of the . notice, and, in case the, .. sam~ .. is not acG~ pte9. 1 may pl~ ad such tender. , 17. T4~ first, second, third, and fOl~ ith p'iragraphs of 4mendment section seven of "The Agrioultural Ba.nk Aot Amen • d. < A if c s t c o 7 f o 19 £ 0 th 4 e . ment Aot f)f 1904"* are repealed, and the followmg . . '. provision is inserted in lieu thereof:- ... . . Sectiori: :one 'hundred and 'sixty of :':'Xhe Land Aot of · 1910"t shall apply in every case where an .advance. has'been: made by the Trustees upon th. ~ secur, ity ofa mdrtgageof ! a holding the freehold V\Therebf may be acquire,d from the C:(own. . ., 18. rrhe'power giv: ~ nto the Governotiu. Counci, l~y R~gulations, the Principal Act to make Regulations. shal1extc.nd to . Regulations for giving effect to-the objects and provisions i of' this Act. . . . '. . , 19. In all copies oUhe Principal Act .hereafter printedcdonsolid~tion. by the Government Printer, '3111 repeals and amendments of the provisions of the Principal Act made by H The Agrioultural BarJkLlo( Llmr;ndment AOot of . 1904, " ~ . or. " The Agrioultural Bank A ots Amendment Aot 0/1905 " ~ or this Act shall be omitted and inserted, as the case may be, in accordance with the directions set out in the Schedu1e . to this Act, and the sections of ,the Consolidated Act shall bear, thenumbel's assigned to them, respectively, in the second column of tlie said Schedule, and reference shall be . made. in the margin of the Consolidated Act to the sections , of the Acts ,by which such repeals or amendments are respectively made. 4 Edw. VII. No. 13, supra, page 42. t IGeo.V.No.15,8upril,page13.,t7;, :t: 6 Edw. VII.No. 16, supra, page 44.

5072 AGRICULTURE. •4.qriculturlll Bank Act Amendment Ad. 2 GEO. V. No. 25, SCHEDULE. DIRECTIONS TO BE OBSERYED BY GOYERNMENT l'RlNTER IN PRINTING THE CONSOLIDATED ACT. :O ~ 'l ~ ~ " " " -- . ' i " " ; s ' E E e - : e " g n 3 O 0 § - < ~ l Direction. Remarks. I 1 After" Act" insert" (Oons?lidated)"; omit See s. 1 of this Act. " 1901" and insert " 1911 " 2 2 Amend' See ss. 2 and 3 (2) of . 33 4. 4 Amend ... this A'ct. See s. 3 of this Act. 5 I) 6 6 Amend See ss. 3 (2) and '7 of this Act. 7 7 Amend See s. 3 (2) of this Act. 88 99 10 10 11 11 12 12 13 13 14 14 Amend See s. 9 of Act of 1904. 15 15 Omit subsection 3; reuumber subsections (4) See s. 3 (2) of Act of and (5) to be (3) and (4); also amend as 1904 and ss. 3 (2) and directed by this Act 8 of this Act. 16 Amend; insert s. 2 of Act of 1904 as See ss. 3 (3) and 5 of amended by this Act, and further amend this Act. by omitting "the provisions of the Prin. cipal Act, as modified by"; also amend as directed by this Act 17 Insert s. 3 of the Actof 1904 as amended See s. 2 of Act of 1905 by this Act and s. 6 of this Act. 16 18 Amend See s. 3 (2) of this Act. 17 19 Amend See s. 8 of this A.ct and s. 10 of Act of 1904. 18 20 Amend 8'ee s. 11 'of Act of 1904 and s. 9 of this Act. 21 Sce s. 11 of this Act. 22 Insert s. 6 of Act of 1904, amended by omitting" the Principal Act or" 19 23 Amend ' See s. 5 of Act of 1904 and s. 5 of Act of 1905 and s. 3 (2) of this Act. 24 Insert s. 7 of Act of 1904, amended by omit· See ss. 3 (3) and 17 of ting "the Principal Act or", and further this Act. . amended 25 Insert s. 8 of Act of 1904 as amended and fur. See s. 3 of Act of 1905. ther amend by omitting" the Principal or"

1911. AGRICULTURE. Agricultural Bank Act Amf'ndment Act. 5073 SCHEDUbE-continued. DIRECTIONS TO BE OBSERVED BY GOVERNMENT PRINTER:IN PRINTING THJi: CONSOLIDAT~ : ll f.CT. Direction. Remarks. ------1------------------------------------ -------------------- 26 Insert s. 4 of Act of 1905, amended by omit- See s. 3 (3) of this Act. ting "the passing of this Act" and inserting " the twenty-fourth day of November, one thonsand nine hundred and five", and ."I further amend as directed by this Act 20 27 Amend ... ... ... ... See ~s. 3 (2) and 10 of thIS Act. 28 .. . See s. 12 of this Act. 21 29 Amend ... ... ... ... ... See s. 13 of this Act. 30 Insert s. 13 of Act of 1904, amended by ... omitting "sections twenty and twenty- one of the Principal Act" and inserting "sections twenty-seven and twenty-nine of this Act." 22 31 Amend by omitting" the last two preceding See ss. 3 (2) and 13 of sections but one" and inserting" sections this Act. twenty-seven and twenty-nine of this Act," and also amend as directed by this Act. 2 . . . . 3 . . 333234 Amend ... ... ... ... ... See s. 14 (1) of this Act. See s. 14 (2) of this Act. See s. 14 (2) of this Act. 24 35 Amend ... See s. 12 of Act of 190'" ... 36 .. 37 and s. 15 of this Act. See s. 16 of this Act. See s. 16 of this Act• 25 28 26 39 ALIENS,RESTRICTION ON LEASES TO. See REAL PROPERTY. APPROPRIATION ACTS. See CONSTITUTION