Agricultural Bank Acts Amendment Act of 1931 (22 Geo v No. 22) (Qld)

13386 BANKS. Agricultural Bank Acts Amendment Act. 22 GEO. V. No. 22~ BANKS. 2~ ~ ~ ~ 2. V. An Act to Further Amend" The Agricultural Bank THE Acts, 1923 to 1929," in certain particulars. AGRICUL· TURAL BANK [ASSENTED TO 21sT NOVEMBER, 1931.] BE ACTa AMENDMENT it enacted by the King's Most Excellent Majesty, ACT OF 1931. by and with the advice and consent of the Legis- lative 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 Agricnlturar ::-!truction. Bank Acts Amendment Act of 1931," and shall be read and construed as one with *" The Agricult1tral Bank Acts, 1923 to 1929," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Agricultural Bank Acts, 1923 to 1931." Amendments of the Principal Act. Amendment 2. Section nineteen of the Principal Act is of B. 19. amended as follows : - The two provisoes of subsection four of the said section are repealed and the following proviso is inserted in lieu thereof :- "Provided that the term of any advance secured by any mortgage existing at the date of the passing of " The Agricultural Bank Acts Amendment Act of 1931 " or secured by any mortgage subsequent to such date may, from time to time, be extended, in the absolute discretion of the Bank, to any term as may be fixed by the Bank, and the period allowed by the Bank during which interest only is payable may, from time to time, be extended, in the absolute discretion of the Bank, to any period as may be fixed by the Bank, but so that the term of the advance (as so extended) added to the period allowed by the Bank during which interest only is payable (as so extended) shall not exceed, in the whole, twenty-five years." Amend- ments of s.20. 3. Section twenty of the Principal Act is amended as follows:- (i.) The table set forth in the said section is amended as follows:- In the second column thereof the figures "200" (occurring opposite the words "Purchase of dairy cattle") are repealed and the figures" 250" are inserted in lieu thereof. '" 14 Geo. V. No. 41 and 20 Geo. V. No. 3, supra, pages 10443 and 12429.

1931. BANKS. Agricultural Bank Acts Aln,endment Act. 13387 In the third column thereof, intituled "Maximum Maximum Tocecrumrs of( bAem' dvganI. nce,r"efethreencfeigutroe t " h 3 e " mwa'XheImreumit steecromnd 0 lyfatidenrvmraenspcofeect advance for the purchase of sheep) is repealed and the off Phurchase figure " 5" I.S.mserted'In ll' eu t hereo f . ° incsreeaesped from 3 t() 5 The following additions are also made in the said years. table, as follows:- 1st Column. . 2nd Column. 3rd Column. Purchase of farm horses . .1--- £65 Purchase of grass and fodder crop seed : £25 I 7 3 (ii.) The definition of "Dairy farmer" is repealed Dairy and a new definition is inserted in lieu thereof, namely :_ farmer. " " Dairy farmer" means- (a) A person engaged in dairying who is the owner of female dairy cattle, the value of which in the opinion of the Bank does not exceed two hundred and fifty pounds and the number of which does not exceed thirty-five; or (b) A person desiring to engage in dairying who wishes to purchase female dairy cattle to a value not exceeding two hundred and fifty pounds; or (c) A person as defined in paragraph (a) or (b) as aforesaid who wishes to purchase a bull." (iii.) The definition of "Sheep farmer" is repealed Sheep and a new definition is inserted in lieu thereof, namely : - farmer. " " Sheep farmer" means- (a) A person engaged in sheep farming who is the owner of sheep the value of which, in the opinion of the Bank, does not exceed three hundred pounds; or (b) A person desiring to engage in sheep farming who wishes to purchase sheep to a value not exceeding three hundred pounds."

13388 BANKS. Agricnlt1lral Bank Acts Amendment Act. 22 GEO. V. No. 22, Operation of (iv.) The amendments to the said section twenty atomse.n 2 d 0 m . ents m ad e b y" Teh Agn . cultural Bank Acts Amendment Act of 1931 " shall come into force and take effect from the passing of " The Agricultural Bank Acts Amendment Act of 1931." 4. The following new section is inserted after section twenty of the Principal Act, as follows : - Advances to " [20A.] The' Bank may, upon the application of gpruarzcihearssefoorf any grazier, being the owner or occupier of farm land, beef cattle. make advances not exceeding the sum of three hundred pounds to the applicant for the purchase of beef cattle for breeding and fattening purposes, and for a term to be fixed by the Bank not exceeding a maximum term of five years exclusive of any period allowed by the Bank (not exceeding two years) during which interest only is payable: Moreover, the provisions of section twenty as to advances upon application for the purpose of the purchase of grass and fodder crop seed, including the maximum amount that may be 'advanced, the maximum term of such advance (exclusive of any period allowed by the Bank not exceeding one year during which interest only is payable) shall, mutatis mutandis, apply in respect of any grazier as aforesaid." Amend- 5. Section 25A of the Principal Act is amended as, s m ,2 e 5 n .6 ts .. of follows : - (i.) In subsection six, after the words "herein con- tained" the words "but subject to the provisions of subsection 6A hereunder," are inserted. (ii.) The following new subsection is inserted after subsection six as follows :- aPsrotvoisLiooncasl conta "[ i 6 ne A d .] inNtohtiws iAthcstt,awndhiennganaynyltahnindgantod atnhye icmopnrtoravrey- Arauteths.orit.y ments thereon, which have been mortgaged to the Bank on and after the first day of July, one thousand nine hundred and twenty-nine, have been sold subsequent to that date by the Bank as mortgagee exercising its power of sale under the mortgage, the Bank in its discretion may pay to a Local Authority (including the Brisbane City Council) such portion of the amount due and owing to the Local Authority (or the Brisbane City Council) for rates in respect of such land and improvements as is hereinafter provided.

BANKS. 13389 1931. Agricultural Bank Acts Amendm,ent Act. Such portion of rates so due and owing which may be paid by the Bank under this subsection to the Local Authority (or the Brisbane City Council) shall be one-half of the amount of the rates so due and owing to the Local Authority (or the Brisbane City Council), but shall not exceed one-half of the rates so due and owing for any period of longer duration than four years, notwithstanding that such rates are due and owing for a longer period than four years. The provisions of this subsection may extend and apply notwithstanding that the proceeds of such sale are not sufficient to satisfy the moneys due to the Bank and all costs and expenses of and occasioned by such sale." 6. The following new section is inserted after section 25B of the Principal Act as follows : - " [250.] (1.) Without prejudice to any other right, Lessee or power, or remedy of the Bank, when the Bank, in the~ = ullY exercise (under the Principal Act as hereinafter defined) of holding its powers under any mortgage thereunder, has entered over. into and taken possession of the mortgaged land and improvements, and has leased such land and improve- ments to a lessee on such tenancy as is comprised in the agreement for the lease of the land and improvements concerned, or has placed any tenant in possession, whether on a weekly or any other tenancy, and the term or interest of such lessee or tenant in such land and improve- ments shall have expired by effluxion of time or shall have been determined by notice to quit or demand of possession, and such lessee or any person claiming under him or tenant who shall actually occupy such land and improvements or any part thereof shall neglect to quit and deliver up possession of such land and improvements or of such part thereof, it shall be lawful for the Bank, by its manager, or any inspector thereof or person authorised in that behalf by the manager, to make a complaint before a police magistrate or any two justices of the peace, who shall hear and determine the matter in a summary way; and on being satisfied of the truth of the complaint such police magistrate or justices may issue his or their warrant addressed to the manager or inspector or person authorised as aforesaid or to an officer of the police requiring and authorising him, within a period to be therein named, and not being less tl;tan seven nor more than thirty clear days from the date

13390 BANKS. Agricultural Bvnk Acts Amendment Act. 22 GEO. V. No. 22, 1931. Penalty. of the warrant, to enter (by force if needful) into such land and improvements and to remove such lessee or person claiming under him or tenant as aforesaid, and to give possession of the same to the Bank, and such warrant shall be a sufficient authority to such manager, inspector, authorised person, or officer of police to enter upon such land and improvements with such assistants as he shall deem necessary to remove such lessee or person claiming under him or tenant as aforesaid and to give possession to the Bank accordingly: Provided that no entry upon any such warrant shall be made on a Sunday, Good Friday, Christmas Day, or Anzac Day, or at any time except between the hours of nine o'clock in the morning and four o'clock in the afternoon. For the purposes of this section the term "Principal Act" shall mean the Principal Act as defined in para- graph two of subsection seven of section 25A of this Act, excepting that for the words *" "The Agricultural Bank Act of 1923," " where those words twice occur, the words t" " The Agricultural Bank Acts, 1923 to 1931," " shall be substituted and read and construed accordingly; and without in any wise limiting the meaning of the term " Bank" the term shall also mean and include the Bank when acting as agent or attorney for and on behalf of the Crown or Minister of the Crown. (2.) Any person who shall have been removed from any such lands and improvements pursuant to the provisions of this section and who shall, without the permission of the Bank having been obtained in that behalf, subsequently re-enter such lands and improve- ments, shall be guilty of an offence, and shall be liable to a penalty not exceeding fifty pounds, to be recovered .in a summary way by complaint under t"The Justices Acts, 1886 to 1929." " * 14 Geo. V. No. 41, supra, page 10443. t 14 Geo. V. No. 41; 20 Geo. V. No. 3; 22 Geo. V. No. 22 (this Act), supra, pages 10443, 12429, and 13386. t 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq. (See Alphabetical Table of Acts.)