Bills of Sale and Other Instruments Act and Other Acts Amendment Act 1971 (Qld)

274 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1971 An Act to Amend The Bills of Sale and Other Instruments Act of 1955, The Liens on Crops of Sugar Cane Acts 1931 to 1965, and The State Securities Registration Act of 1925, each in certain particulars [ASSENTED TO 16TH APRIL, 1971 ] BE 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:- PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Bills of Sale and Other Instruments Act and Other Acts Amendment Act 1971. 2. Commencement . This Act shall come into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE BILLS OF SALE AND OTHER INSTRUMENTS ACT OF 1955;

Bills of Saleand Other InstrumentsAct, Etc., Amdt Act 1971, No. 10 275 PART III- AMENDMENTS OF THE LIENS ON CROPS OF SUGAR CANE AcTs 1931 To 1965; PART IV-AMENDMENTS OF THE STATE SECURITIES REGISTRATION ACT OF 1925. PART II-AMENDMENTS OF THE BILLS OF SALE AND OTHER INSTRUMENTS AcT OF 1955 4. Citation . (1) In this Part, The Bills of Sale and Other Instruments Act of 1955 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Bills of Sale and Other Instruments Act1955-1971. 5. Amendment of s. 6. Meaning of terms . Section 6 of the Principal Act is amended- (a) by inserting after the definition of " Chattels " the following definition:- " CCoommissionerr "-Commissioner for Corporate Affairs appointed under the Securities Industry Act1971: The term includes- (a) an Assistant Commissioner for Corporate Affairs appointed under that Act; and (b) a Clerk of the Court by or with whom or in whose office anything is required by this Act to be done or effected: The term also includes a person for the time being occupying or performing the duties of, any such office. " (b) by inserting after the definition of " Instruments " the following definition:- Office"-In relation to any instrument, the office in which registration, or renewal of registration, under this Act of that instrument is required by section 9 of this Act to be effected; " and (c) by omitting the definitions of " Registrar " and " Registry ". 6. Amendment of s. 9 . Place of registration . Section 9 of the Principal Act is amended- (a) by omitting from paragraph (i) the words " Registrar of the Supreme Court " and inserting in their stead the words " Commissioner for Corporate Affairs "; (b) by omitting from paragraph (ii) the words " Registrar of the Supreme Court " and inserting in their stead the words " Commissioner for Corporate Affairs "; (c) by omitting from paragraph (iii) the words " Registrar of the Supreme Court " and inserting in their stead the words " Commissioner for Corporate Affairs "; (d) by omitting paragraph (b) of the proviso and inserting in its stead the following paragraph:- (b) In the case of an instrument given in consideration of any limited principal sum not exceeding one hundred dollars, the office shall be the office of the clerk of the court at a place appointed for holding magistrates courts in the magistrates courts district within which the place at which the chattels comprised in or subject to the instrument are described in it as

276 Bills of Sale and Other Instruments Act, Etc., Amdt Act 1971, No. 10 being, is situated, or if such chattels are described as being at places situated within different magistrates courts districts, the office of the clerk of the court at a place appointed for holding magistrates courts in the magistrates courts district within which the place of residence (as described in the instrument) of the grantor is situated but if the consideration expressed in an instrument does not consist of money or value declared in money, registration thereof shall be effected in the office of the Commissioner for Corporate Affairs at Rockhampton, Townsville, or Brisbane, or in more than one of those offices, in accordance with the preceding provisions of this section relating to registrations in an office or offices of the Commissioner for Corporate Affairs."; (e) by omitting the penultimate paragraph (being the paragraph commencing with the words " Where an instrument ") and inserting in its stead the following paragraph:- " Where an instrument has been registered under this Act in one office and registration thereof is required by this Act to be made in another office, then for the purpose of such registration in that other office a copy of the original copy of the instrument issued out of the first office and authenticated by the signature and the seal (if any) of the Commissioner may be filed in that other office as the original copy of the instrument.". 7. Amendment of s. 10 . Mode of registration . Section 10 of the Principal Act is amended by omitting from subsection (2) the words " in the office of a Registrar of the Supreme Court, by the Office Seal " and inserting in their stead the words " in an office of the Commissioner for Corporate Affairs, by the seal of the Commissioner ". 8. Amendment of s. 12. Registration of certain instruments to be renewed every five years. Section 12 of the Principal Act is amended- (a) by omitting from paragraph (a) of subsection (4) the words " an affidavit " and inserting in their stead the words " a statutory declaration "; (b) by omitting from paragraph (b) of subsection (4) and subsection (5) the word " affidavit " (wherever occurring) and inserting in its stead the words " statutory declaration "; and (c) by omitting from subsection (5) the words " in the office of a Registrar of the Supreme Court, by the Office Seal " and inserting in their stead the words " in an office of the Commissioner for Corporate Affairs, by the seal of the Commissioner ". 9. Amendment of s. 13 . Renewal of registered liens upon crops. Section 13 of the Principal Act is amended- (a) by omitting the words " an affidavit " (wherever occurring) and inserting in their stead the words " a statutory declaration "; (b) by omitting from the section as so amended the word " affidavit 99 (wherever occurring) and inserting in its stead the words " statutory declaration "; and (c) by omitting the words "in the office of a Registrar of the Supreme Court, by the Office Seal " and inserting in their stead the words " in an office of the Commissioner for Corporate Affairs, by the seal of the Commissioner ".

Bills of Sale and OtherInstrumentsAct, Etc., Amdt Act 1971, No. 10 277 10. Amendment of s. 14. Transfer or assignment of registered instruments . Section 14 of the Principal Act is amended- (a) by omitting from subsection (2) the word " affidavit " and inserting in its stead the words " statutory declaration "; and (b) by omitting from subsection (4) the words " in the office of a Registrar of the Supreme Court, by the Office Seal " and inserting in. their stead the words " in an office of the Commissioner for Corporate Affairs, by the seal of the Commissioner ". 11. Amendment of s. 15 . Entry of discharge of registered instrument. Section 15 of the Principal Act is amended by omitting from paragraph (b) of subsection (2) the word " affidavit " and inserting in its stead the words " statutory declaration ". 12. Amendment of s. 16 . Correction of errors , etc. Section 16 of the Principal Act is amended by inserting after the expression " affidavit," (wherever occurring) the words " statutory declaration ". 13. Amendment of s. 17. Search , etc. Section 17 of the Principal Act is amended- (a) by inserting in subsection (1), after the expression " affidavit," (wherever occurring), the words " statutory declaration "; and (b) by omitting from subsection (3) the word " affidavit " (wherever occurring) and inserting in its stead the words " statutory declaration ". 14. Amendment of s. 18 . Transmission of copies of register entries. Section 18 of the Principal Act is amended- (a) by omitting from subsection (1) the words " clerk of petty sessions " (wherever occurring) and inserting in their stead the words " clerk of the court "; (b) by omitting from that subsection the words " Registrar of the Supreme Court at Rockhampton, or at Townsville, or at Brisbane " and inserting in their stead the words " Assistant Commissioner for Corporate Affairs at Rockhampton or at Townsville or the Commissioner for Corporate Affairs at Brisbane "; and (c) by omitting from subsection (2) the words " a Registrar of the Supreme Court " and inserting in their stead the words " the Commissioner for Corporate Affairs or an Assistant Commissioner for Corporate Affairs ". 15. Substitution of " Commissioner "` for " Registrar ". Save where otherwise expressly amended by this Act the Principal Act is amended by omitting the word " Registrar " (wherever occurring) and inserting in its stead the word " Commissioner ". 16. Substitution of " office " for " Registry ". Save where otherwise expressly amended by this Act the Principal Act is amended by omitting the word " Registry " (wherever occurring) and inserting in its stead the word " office ". 17. Amendment of Third Schedule. The Third Schedule is .amended- (a) by omitting the word " Affidavit " and inserting in its stead the words " Statutory Declaration ";

278 Bills of Sale andOther InstrumentsAct, Etc., Amdt Act 1971, No. 10 (b) by omitting the word " affidavit " (wherever occurring) and inserting in its stead the words " statutory declaration (c) by omitting the words " make oath and say as follows " and inserting in their stead the words " do solemnly and sincerely declare that--"; and (d) by omitting the expression commencing with the word 66 Sworn " and continuing to the end of the Schedule and inserting in its stead the following expression:- " And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. Declared at State of day of , this , 19 , in the A.B. Before me C.De '. 18. Transitional . (1) The Registrar of the Supreme Court at Rockhampton shall, on the commencement of this Act, transmit to the Assistant Commissioner for Corporate Affairs at the office of the Commissioner for Corporate Affairs at Rockhampton the register book kept by him under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (2) The Registrar of the Supreme Court at Townsville shall, on the commencement of this Act, transmit to the Assistant Commissioner for Corporate Affairs at the office of the Commissioner for Corporate Affairs at Townsville the register book kept by him under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (3) The Registrar of the Supreme Court at Brisbane shall, on the commencement of this Act, transmit to the Commissioner for Corporate Affairs at the Commissioner's office at Brisbane the register book kept by him under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (4) The Commissioner for Corporate Affairs shall keep in his office at Rockhampton, Townsville and Brisbane respectively the register books, indices thereto, and all copies of instruments, verifying affidavits and other documents and records transmitted pursuant to this section to him or an Assistant Commissioner at those offices respectively and such register books and indices shall be the register books and indices required by the Principal Act as amended by this Act to be kept in those offices respectively. (5) Every registration of or in respect of an instrument to which the Principal Act applied, of force and effect immediately before the commencement of this Act shall, on and from that commencement, be deemed to have been effected in the office of the Commissioner for Corporate Affairs at Brisbane, Townsville or Rockhampton, according as the register book in which the registration is recorded is, or is required to be, transmitted pursuant to this section to the Commissioner or another designated officer at such office at that place.

Bills of Saleand Other InstrumentsAct, Etc., Amdt Act 1971, No. 10 279 PART III-AMENDMENTS OF THE LIENS ON CROPS OF SUGAR CANE ACTS 1931 To 1965 19. Citation. (1) In this Part The Liens on Crops of Sugar Cane Act of 1931 as amended from time to time is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Liens on Crops of Sugar Cane Act1931-1971. 20. Amendment of s. 2 . Interpretation . Section 2 of the Principal Act is amended by inserting before the definition of " crop " the following definitions:-- " " Assistant Commissioner "-An Assistant Commissioner for Corporate Affairs appointed under the Securities IndustryAct1971; " Commissioner "-The Commissioner for Corporate Affairs appointed under the Securities Industry Act1971; ". 21. Amendment of s. 4 (3). Registration of instrument . Section 4 of the Principal Act is amended by omitting from subsection (3) the words " an affidavit " and inserting in .their stead the words " a statutory declaration ". 22. Amendment of s. 14 . Provisions as to renewal of liens. Section 14 of the Principal Act is amended- (a) by omitting the words " an affidavit " and inserting in their stead the words " a statutory declaration "; (b) by omitting the words " such affidavit " (wherever occurring) and inserting in their stead the words " such statutory declaration "; and (c) by omitting the word " registrar " and inserting in its stead the words " Commissioner or Assistant Commissioner or, where the proper office is the office of a clerk of the court, the clerk of the court "; 23. Amendment of s. 18 . Place of registration . Section 18 of the Principal Act is amended- (a) by omitting from paragraph (1) the words " Registrar of the Supreme Court " and inserting in their stead the word " Commissioner "; (b) by omitting from paragraph (2) the words " Registrar of the Supreme Court " (wherever occurring) and inserting in their stead the word " Commissioner "; (c) by omitting from paragraph (4) the words " fifty pounds " and inserting in their stead the words " one hundred dollars "; (d) by omitting from paragraph (4) the words " clerk of petty sessions district " and inserting in their stead the words " clerk of the court at a place appointed for holding magistrates courts in the magistrates courts district "; (e) by omitting from that paragraph the words " such petty sessions districts " and inserting in their stead the words " such magistrates courts districts "; (f) by omitting from paragraph (5) the words " in the Supreme Court in the District in which the crop is described as being situated " and inserting in their stead the words " in the office of the Commissioner at Brisbane, Townsville or Rockhampton or in more than one of those offices,. in accordance with the preceding provisions of this section relating to the registration of liens in offices of the Commissioner ".

280 Bills of Sale and Other Instruments Act, Etc., Amdt Act 1971, No. 10 24. Substitution of " office " for " registry ". The Principal Act is amended by omitting from the Principal Act the word " registry " (wherever occurring) and inserting in its stead the word " office ". 25. Amendment of Schedule B. Schedule B of the Principal Act is amended- (a) by omitting the words " In the Supreme Court of Queensland (or In the Petty Sessions Office " and inserting in their stead the words " In the office of the Commissioner for Corporate Affairs, or In the Magistrates Courts Office "; (b) by omitting the words " make oath and say as follows: " and inserting in their stead the words " do solemnly and sincerely declare that- "; (c) by omitting the expression commencing with the words " Signed and. sworn " and ending at the end of the Schedule and inserting in its stead the expression- " And I make this solemn declaration conscientiously believing the same to be true and by virtue of The Oaths Acts 1867 to 1960. Declared at State of day of this '19 , in the Before me- 26. Transitional . (1) The Registrar of the Supreme Court at Brisbane shall, on the commencement of this Act, transmit to the Commissioner at his office at Brisbane the register book kept by the Registrar under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (2) The Registrar of the Supreme Court at Townsville shall, on the commencement of this Act, transmit to the Assistant Commissioner at the Commissioner's office at Townsville the register book kept by the Registrar under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (3) The Registrar of the Supreme Court at Rockhampton shall, on the commencement of this Act, transmit to the Assistant Commissioner at the Commissioner's office at Rockhampton the register book kept by the Registrar under the Principal Act, and the index thereto, and all copies of instruments, verifying affidavits and other documents filed in his registry under the Principal Act and all records therein relating to such instruments and documents. (4) The Commissioner shall keep in his office at Brisbane, Townsville and Rockhampton respectively the register books, indices thereto, and all copies of instruments, verifying affidavits and other documents and records transmitted pursuant to this section to him or an Assistant Commissioner at those offices respectively and such register books and indices shall be the register books and indices required by the Principal Act as amended by this Act to be kept in those offices respectively.

Bills of Sale and OtherInstrumentsAct, Etc., Amdt Act 1971, No. 10 281 (5) Every registration of or in respect of any lien to which the Principal Act applied, of force and effect at the commencement of this Act shall, on and from that commencement, be deemed to have been effected in the office of the Commissioner at Brisbane, Townsville or Rockhampton according as the register book in which the registration is recorded is, or is required to be, transmitted pursuant to this section to the Commissioner or another designated officer at such office at that place. PART IV-AMENDMENTS OF THE STATE SECURITIES REGISTRATION ACT OF 1925 27. Citation. (1) In this Part, The State Securities Registration Act of 1925 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the State Securities Registration Act 1925-1971. 28. Amendment of s. 2 . Interpretation . Section 2 of the Principal Act is amended by inserting after the words " In this Act," the following words " the term " Commissioner " means the Commissioner for Corporate Affairs appointed under the Securities Industry Act1971,". 29. Amendment of s. 3 . Registration of Securities . Section 3 of the Principal Act is amended- (a) by omitting from the third paragraph of subsection (1) the words " in the Registry of the Supreme Court at Brisbane; whereupon the Registrar of the Supreme Court " and inserting in their stead the following words in the office of the Commissioner at Brisbane, whereupon the Commissioner "; (b) by omitting from the fifth paragraph of subsection (1) the words " prescribed by Rules of Court with respect to searches in the Registry " and inserting in their stead the words " of sixty cents or such other sum as may be prescribed in substitution therefor by the Governor. in Council by Order in Council published in the Gazette "; and (c) by omitting from subsection (2) the words " in the Registry of the Supreme Court at Brisbane, whereupon the Registrar of the Supreme Court " and inserting in their stead the words " in the office of the Commissioner at Brisbane, whereupon the Commissioner "; 30. New s. 5. Orders in Council to be laid before Legislative Assembly. The following section is added after section 4 of the Principal Act:- " 5. Orders in Council to be laid before Legislative Assembly. (1) Every Order in Council made under this Act shall- (a) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (b) take effect from the date of such publication unless a later date is specified in that Order in Council for its commencement when in such event it shall take effect from that later date; and (c) be laid before the. Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.

282 Bills ofSale and Other InstrumentsAct, Etc., Amdt Act 1971, No. 10 (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Order in Council has been laid before the Legislative Assembly disallowing the same or part thereof, that Order in Council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council." 31. Transitional . (1) The Registrar of the Supreme Court at Brisbane shall, on the commencement of this Act, transmit to the Commissioner at his office at Brisbane all copies of securities and other documents filed in his registry under the Principal Act and all records therein relating to such securities and documents. (2) The Commissioner shall keep in his office at Brisbane all copies of securities and other documents and records transmitted to him pursuant to this section and such records shall be the records required by the Principal Act as amended by this Act to be kept by him. (3) Every registration of or in respect of any security to which the Principal Act applied, of force and effect immediately before the commencement of this Act shall, on and from that commencement, be deemed to have been effected in the office of the Commissioner at Brisbane..