Co-operative Agricultural Production Act of 1914 (5 Geo v No. 36) (Qld)

AGRICULTURE. 6171 1) GEO. Y. No. 36, 1914. Co-operative Agricultural Prod1lction Act. Provided that, in the event of the amount to the credit of the Ins~ rance Fund being at any time insufficient to pay all liabilities and expenses as aforesaid, the deficiency sh111 be made good out of the Consolidated Revenue, which is hereby appropriated for the purpose. 9. In section thirty-six of the Principal Act, the Amendment words "officer of the Bank or other" are repealed; also, of s. 36. the words "officer or" are repealed. . 100 In section thirty-eight of the Principal Act, the Amendment words" Secretary for Agriculture" are repealed, and the of s. 38. words "Secretary for Public Lands" are inserted in lieu thereof. . 11. After subsection (i v.) of section thirty-nine of Amendment the Principal Act, the following subsection is inserted:- of s. 39. [iVA.J The management and control of the In- surance Fund of the Trustees; the fixing of rates of insurance; the form of insurance policies; the taking over of all current insur- ance policies when so directed by the Trustees; and all matters necessary or expedient for . the purpose of enabling the rrrustees to duly undertake the husiness of insurance. An Act to Provide for Advances in Aid of 5 Geo. V. No. 36. Co-operative Enterprise in Connection with THE the Manufacture and Storage of Primary COA·OGPREfRCAUTLI.VE Products of Agriculture. TURAL PROD{;CTIUl ACT OF 1914. -BE [ASSENTED TO 23RD DECEMBER, 1914.] it enacted by the King's Most Excellent Majesty, _ lly and with the advice and consent of the Legis- latiye Council and Legislative Assembly of Queensland in Parliament assembled, and hv the authority of the same, as follows :- . • 1. This Act may be cited as "The Co-operative Short title. Agricultural Production Act of 1914." . 2. In this Act, unless the context otherwise indicates,Interpreta. the following terms have the meanings set against them tion. respectively, that is to say:- " Co-opera t' lve Company" or " Company"-The CO'operah.ve joint stock company formed and registered company. under "The Companies Acts, 1863 to 1913,"* in connection with the works concerned; * 27 Vie. No. 4 and amending Acts, supra, pages 186 et seq. and 5829.

6172 AGRICULTURE. Co-operative .Agricultural. Production .Act. 5 GEO. V. No. 36, Land. Minister. Primary products. RegulatiolliJ. Tbis Act. Worb. " Land :'-Any estate or interest in land: the term does not include vacant Crown land; "Minister"-The Secretary for Agriculture or other Minister of the Crown charged for the time being with the administration of this Act; " Primary Products" -Butter, cheese, milk, bacon, flour, cornflour, cotton, grain meal, jam, and preserved fruits, and such other products of the soil as the Governor in Council may from time to time declare, by Order in Council published in the Gazette, to be primary products within the meaning of this Act; " Regulations"-Regulations made under this Act; " This Act "-This Act and any Order in Council and regulations made thereunder. " Works"-Any works or factory for the manu- facture or cold storage of primary products and the by-products thereof, together with all machinery and appurtenances used therein or in connection therewith, and all tramways leading thereto, and the site of the works and all land used in connection with any such tramway. Applicatiou 3. (1.) Subject to this Act, any co-operative for advances. company may make application to the Minister for advances in aid of the construction by the company of works under this Act. Par~ icul~ rs to (2.) . Every such application shall state with full ~ ; ; : ~ : ~ i: ~ he particularity the situation, na.ture, and estimated ?ost of the works to be constructed, mcluding all resumptlOns of land and easements for any purpose; and such other particulars as may be prescribed. Accompany- (3.) Every such application shall be accompanied· jng by documents. -. (i.) An instrument in the prescribed form executed by the company undertaking to conform to the provisions of this Act in all respects; and (ii.) A copy of the memorandum and articles of association of the company: such articles shall provide that the majority in number of the shares of the company shall always be held by persons who are producers of the primary products or some of them in respect of which

AGRICULTURE. ·6173 1914. CO-01Jerative Agricultttral Production Act. the business of the company is to be carried on, and, further, that no dividend at a greater rate than four pounds per centum per annum shall, at any time before the advances under this Act have been repaid, be declared or paid or credited by the company; it shall not be competent for the company at any time to alter the foregoing provisions of such articles; and (iii.) A map or plan of the locality on the prescribed scale showing the site of the works, the nearest township, and such other particulars as may be prescribed; and (iv.) Plans and specifications of the proposed works authenticated on each sheet by the signature of the secretary and sealed with the seal of the company; (v.) Particulars of the titles of all lands owned by the company and of the site of the works; (vi.) A description of all easements, rights-of-way, and other rights and privileges which will be required for the purposes of any road, tram- way, wharf, or other work to be constructed or used in connection with the works; and (vii.) A deposit of such amount of money as the Minister considers sufficient to defray the expenses to be incurred by him in connection with the report upon the application. 4. (1.) Every such application shall be submitted by Report of the Minister to a valuer or valuers for his or their report valuer. thereon. (2.) Such valuer or valuers shall be empowered to take such evidence and make such inquiries upon the matter as he thinks or they think proper. For such purpose he or they shall have the powers of a Commission under" The Official Inquiries Evidence Act of 1910."* (3.) Such valuer or valuers shall report to the Minister upon the following matters, namely;- (a) The nature and objects of the company; (b) The sufficiency of the capital for carrying on the business of the company successfully, making allowance for the advance applied for; * 1 Geo. V. No. 26, supra, page 748.

6174 . AGRICULTURE. Co-operah:ve Agricultural Production Act. 5 GEO. V. No. 36, (c) The most suitable site for the proposed works and the value of such site; (d) The estimated cost of the works; (e) The securities offered by the company for the advance; (f) Such other matters as may be prescribed or may be required by the Minister. Ad vances out 5. With the approval of the Governor in Council, oafppmroonperiyasted advances may be made by the Minister under this Act annually. out of moneys annually appropriated by Parliament for the purposes of such advances. Limit of advance. 6. No advance shall be made to any company under this Act to an amount exceeding one half of the cost of the works, nor unless nor until one half of the capital of the company has been actually paid up by the shareholders. Advll.llces on 7. Notwithstanding anything in this Act contained, ewxoirsktisn. g advances may be made to a co-operative company under this Act in respect of its works already constructed: Provided that no such advance shall be made for any such purpose unless or until the same has been approved by a resolution of both Houses of Parliament. In any such case the provisions of this Act shall be applicable so far as the same can be applied. Security for advances. 8. No advance shall be made under this Act except upon the security of a mortgage or mortgages to the Minister over the works in respect of which such advance is made, and upon such other security as to the Governor in Council may seem fit. Advance to DC " The Bills of Sale Act of 1891" " or any Act amending ~ :: ed a or in substitution for that Act, shall not apply to any mortgage executed under this Act, nor affect the validity or operation of any such mortgage in respect of any chattels comprised therein. 9. (1.) The amount of the advance to a company under this Act shall be deemed to be a loan by the Minister to the company for a period of sixteen years from the first day of July next succeeding the date of the advance, and shall bear interest at the rate of four pounds per centum per annum: * 55 Vie. No. 23, 8upra, page 2149.

1914. AGRWULTURE. Co-operative Agricultural Production Act. 6]75 Provided that, during a period of two years next succeeding the said first day of July, no part of the principal money of the loan shall be repayable, but such principal money shall, nevertheless, bear interest at the rate aforesaid, and such interest shall be payable by the company to the Minister on the first day of July in each such year. Any additional advances made to the company shall be added to and become part of the then outstanding balance of the original advance, and bear interest at the same rate; and the amounts of the annual instalments payable to the Minister under this Act shall be propor- tionately increased so that the whole of the advances, with interest as aforesaid, shall be repaid within the said period. (2.) From and after the expiration of the aforesaid Repayment of period of two years, the amount of such advance, with advance. interest as aforesaid, shall be liquidated by the payment by the company to the Minister, on the first day of July in every year, of a sum equal to nine pounds nine shillings and four pence for everyone hundred pounds of the said amount, and such sums shall continue to be payable until the said amount, with interest accruing thereon, has been so paid. (3.) Notwithstanding anything in this Act contained, Acceleration the Minister may from time to time permit the company ~ ~ f: ~ ~ ~ ents to payoff the whole or any portion of the moneys advanced at any time before they are due. (4.) The payment of the aforesaid instalments shall Repayments a be a first charge on the profits of the company. pfir"osftitcsh. arge on (5.) Until the whole of the moneys advanced to the IIalf.ye'1l'1y company shall have . been repaid ' the Auditor-G • ene , ral eoxfabmooinkastiaonnd shall once at least m every year make an exammatIOn accounts. of the books and accounts of the company, and report thereon to the Minister. The company shall supply to him such books and documents as he may require for the purpose of such examination. 10. (1.) In the month of August in every year, the Half;yearly Mmeinnitst S e1rlOswha· mllg, caWu.sIteh torebspeepcut btloishevederiyn cthoem G pa a n ze y tte toa wstha l ' t C eh- pastruarbetleaimsrhseetndot. obef a loan has been advanced under this Act, the amount of money which is then overdue and in arrear, and also the total of the principal sum then remaining unpaid.

6176 AGRICULTURE. Co-operat1've Agricultural Production Act. 5 GEO. V. No. 36, 1914. Power to enforce the payment of arrears, (2.) If thereafter on the thirty-first day of October any part of such money so overdue and in arrear remains unpaid, the Minister may, by notification in the Gazette, appoint a Receiver to collect on his behalf and to pay to him all or any moneys from time to time due and owing to the company to the amount stated in such notification; and the Minister may from time to time make all such orders and give all such directions with respect to the powers and duties of such Receiver and the management by him of the business of the company as the Minister thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such Receiver shall, from the date stated in such notification, be the only person legally entitled to receive the revenues of such company, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of "The Audit Act of 1874" if! or any Act amending or in substitution for that Act. Minister to ~e 11. The Minister shall from time to time be allowed fao, lrloawdevdanccreesd.It cred1' t for a 11 sums advanced by h" 1m I.n pursuance 0 f thI' S Act, and the receipt in writing of the person to whom any such sum is paid shall be a good and sufficient discharge for such sum. Remedies of 12. The provisions of this Act for securing to the ~~ ·~ ~ ~tive. Minister the repayment to him of all advances made to a company under this Act shall be in addition to any other remedy which the Minister has against the company as a creditor, and he may enforce any such remedy. lPaonwd. er to take beha 1 lf 3. of (1 t . h ) eFcoormthpeanpyu, rpsohsaelsl ohfatvheis pAocwt,etrhferoMminitsitmere, oton time to take, purchase, contract for the use of, or otherwise provide any land which may be required for the works or any tramway, wharf, or other work in connection there- with, and to acquire running rights over any tramway. The powers under this subsection shall be exercised under "The Public Works Land Resumption Act of 1906"t: Provided that, in estimating the compensation to be paid on the resumption or other acquirement of land, by the company, no allowance shall be made for any increase in the value of such land by reason of the con- struction or proposed construction or purchase or proposed * 31! Vie. No. 12, supra, page 74. t 6 Edw. VII, No. 14, supra, page 3608.

AGRICUVl'URE. 6177 i5 GE0. V. No. 8, 1914. Fertilisers Act. purchase of the works or any other matter arising out of the exercise of powers under this Act. (2.) The company in whom any works are for the Tramways, time being vested may, with the approval of the Governor &c. in Council, construct, lay down, maintain, and work any tramway upon any road or land, and may use thereon any locomotives and rolling-stock drawn or propelled by animal, steam, or other motive power. 14. A copy of the Gazette purporting to contain any Evidence of notice or Order in Council given or made under this Act Gazette. shall be conclusive evidence of all the facts therein stated. 15. The Governor in Council may from time to time ReJulatiom. make all such regulations as he thinks fit for giving full effect to this Act. All such regulations, upon publication in the Gazette, 'shall be read as one with this Act, and shall be of equal validity. An Act to Amend the Law relating to the Sale of Fertilisers. [ASSENTED TO 1ST OCTOBER, 1914.J 5 Geo. V. No. 8. THE FERTILISERS ACT m' 1914. B E it enacted by the King's Most ] ~xcellent Majesty, by and with the Rdvice and, consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the anthority of the same, as follows ;- 1. (1.) This Act may be cited as "The Fertilisers Short title Act of 1914," and shall come into operation on the first ~~ ~1~ ~:~ ~nt of day of January, one thousand nine hundred and fifteen. Act. (2.) "The Fertilisers Act of 1905 "'* is repealed. Repeal. 2. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them tion. respectively, that is to say- " Analyst "-An analyst duly appointed as a Analyst. Government analyst or agricultural chemist, and an analyst approved by the Minister as an agricultural analyst, under this Act; * 5 Edw. VII. No. 16, supra, page 51.