Co-operative Sugar Works Act of 1914 (5 Geo v No. 34) (Qld)

SUCCESSION .-SUGAR. 6391 5 GEO. V. No. 34, 1914. Co-operative Sugar Works .Act. (11.) vVhere the Court has ordered periodic payments, or has ordered a lump sum to bp invested for the benefit of any person, it may inquire whether at any subsequent date the party benefited by the order has hecome possessed of or entitled to provisions for his proper maintenance or support, and into the adequacy of such provisions, and may discharge, vary, or suspend the order, or make such other order as is just in the circumstances. 4. (1.) Where an order is made by the Court under Duty ou this Act, all duties payable on the transmission of · the~ ~ : ~ ~ t~ ~ ~ V estate under the will of the testator shall be computed as N.Z., 1908, I ·f the proVl.sl.Ons 0 f the order had been l)art 0 f the WI ·11 . No. 60 ' s.34. (2.) Any duty paid in excess of the amount required Refund of to be paid under this section shall, on application and duty paid in without further appropriation than thi's Act, be refulldf'd excess. to the person entitled to receive the same. 5. The Court may from time to time, in manner pro- Oourt nuy vided by the Judicature Act, * make Rules of Court with make Rll)68. l'eSpect to applications, orders, and matters under this Act. Such Rules of Court may provide that applicants in particular cases may be required to give security for the costs of and in connection with applications. All such Hules of Court shall be laid before both Houses of Parliament within forty days after the making thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next session of Parliament. SUGAR. An Act to Provide for the Establishment and 5 Geo. V. Management of Co-operative Sugar Works. N;~ ! 4. OO·OPERXl'lVJo; [ASSENTED TO 23RD DECEMBER, 1914.] SUGAR WORKS B ACT m' 1!H4. E it enacted by the King's Most Excellent Majesty, 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 Co-operative Sugar Short title Works Act oif 1914 , " and shall come into operation on a m n e d ncceomme· nt of the first day of January, one thousand nine hundred and Act. fifteen. * 40 Vie. No. 6 and 64 Vie. No. 6, 8Upl'a, pages 2401 etseq. p

6892 SUGAR. Co-operative Sugar Works Act. 5 GEO_ V. No. 34, Interpreta- 2. In this Act, unless the context otherwise indicates, tion_ the following terms have the meanings set against them respectively, that is to say :- Calle ered i t. Cane Land_ Oompany. Oorporation. Mill Site. Oacupisr. Owner. "Cane Credit "-All sums consisting of- (a) Moneys paid to the Treasurer out of the earnings of the company towards redemption of the principal money advanced by him, and which moneys have been apportioned as the Corporation thinks just amongst the suppliers of cane under cane-growing agree- ments in proportion to the value of cane supplied hy them respectively; and (b) Moneys l)aid to the Corporation by share- holders of the company by way of rates to meet any annual deficiency in the redemption of the principal money advanced by the Treasurer; "Cane Land "-Land which is suitable for the gTowth of sugar-cane and of a quality to produce adequate crops of cane; "Company"-The co-operative joint stock company formed and registered under "Tile Companies Acts, It;fj3 to 1913,"* in connection with the sugar works concerned; " Corporation"-'rhe Corporation of the Treasurer of Queensland created by " The SI/gal' Tf7()rks G'ltarantee Acts Amendment Act of 1908"t ; " Land"- Any estate or interest in land: the term does not include vacant Crown land; "Mill Site"- The land on which is erected or is to be erected the mill buildings and machinery and the appurtenances thereof; "Occupier"-The person in actual occupation of any land; or, if there is no person in actual occupation, the person entitled to possession thereof; "Owner"-The person other than His Majesty who for the time being is entitled to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent thereof: the term * 27 Vie. No. 4 and amending Acts, supra, pages 186 et Beq. and 5829. t 8 Edw. vn. No. 10, supra, page 3423.

SUGAR. 6393 1914. Co-operative Sugarr :works Act. includes any lessee from the Crown holding under a longer tenure than a tenancy from year to year, and any superintendent, overseer, or manager for such lessee residing on the land; " Regulations"- Regulations made under this Act; Regulations. "Share Credit"- Share credit established under Share Credit. this Act-being amounts representing four pounds per centum per annum upon the amount of capital of the company subscribed, respectively, by the original shareholders, and which amounts have been paid to the Treasurer towards redemption of the principal money advanced by him, and have been credited to those shareholders in the books of the company; " ~ ugar Worl\s"-Any mill for' the extraction and Sugar Works. manufacture of sugar and the by-products thereof, together with all machinery, chattels, and appurtenances used therein or in con- nection therewith, and all tramways and railways leading thereto, and the mill site and all land used in connection with any such tramway or railway; "This Act "-'l'his Act and any Order in Council This Act. and regulations made thereunder. 3. (1.) Subject to this Act, persons being owners or Application occupiers of cane land within a specified locality may for mill. make application to the Governor in Council for the construction or purchase of sugar works under this Act in such locality. (2.) Every such application shall- (i.) State with full particularity the situation and Par~ icul~ rs to Probable cost of the mill site and the nature abpepgllIyceantI. lODn.th8 and estimated cost of the buildings, machinery, and other works to be constructed or purchased, and of all resumptions of land and easements for any purpose; and (ii.) Specify the locality upon the lands comprised in which it is intended to grow cane in sufficient quantity to keep the sugar works employed to the full extent of their average capacity during the ordinary season for manufacturing sugar; and (iii.) Such other particulars as may be prescribed.

.6394 SUGAR. Go-operative 81lgar Works Act. 5 GEO. Y. Ko. :H, (3.) Every such application shall be accompanied by- Accompany- ing documents. (L) An instrument in the prescribed form signed by owners and occupiers of cane land within the specified locality, undertaking to grow Cane, setting forth the respective areas of cane land held by them and the respective areas proposed to be planted by them with cane for the first, second, and third seasons respec- tively, and undertaking to become share- holders in a company proposed to be formed, and to subscribe to the capital stock of the company a sum equal to one-third of the capital required for the construction and equipment or purchase, as the Case may be, of the sug~ r works; and (ii.) A copy of the memorandum and articles of association of the proposed company; such articles shall provide that no dividend at a greater rate than five pounds per centum per annum shal1 , at any time after the advances by the Treasurer have been repaid, be declared or paid or credited by the company, and, further, that no person shall be qualified to hold shares in the company unless he is and remains a grower of cane under a cane-growing agree- ment as hereinafter provided in respect of a minimum acreage of land to be prescribed in sllch articles. }'or the purposes of such pro- vision of such articles the term "dividend" shall include any payment, credit, or valuable consideration to shareholders out of the profits of t.he company, whether by way of dividend, bonus, distribution uf reserves, or allocation of shares partly or fully paid, or otherwise howsoever. J t shall not be competent for the company at any time to alter the aforesaid provisions of such articles in any particular; and (iii.) Satisfactory evidence that all the lands proposE'd to be planted with cane are cane land; and (iv.) A valuation of the land of the applicants, dis- tinguishing between cane land and other land; in estimating such value, no allowance shan be made for any increase in value by reason of

1914:. SUGAH. Co-operative Sugar Works Act. 6395 the proposed construction or purchase of the sugar works or any other matter arising out of the exercise of powers under this Act; and (v.) Satisfactory evidence that all owners and occupiers of cane land within the specified localitv, other than owners who are absent from "queensland or whose addresses are unknown, have had notic8 of the proposed application and an opportunity of joining in the undertaking aforesaid; and (vi.) A map or plan of the specified locality on the prescribed scale showing the mill site or proposed mill site, the nearest township (if any), the cane land which it is proposed to plant with cane, the prospective route of every permanent tramway, and such other particulars as may be prescribed; and (vii.) 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 sugar works; and (viii.) A deposit of such amount of money as the Treasurer 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 Treasurer to a valuer or valuers for his or their report valuer. thereon. ( ~ .) 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 Oommission under " 'l'he OjfidCll Inquiries Evidence Act of 1910."* (13.) Such valuer or valuers shall report to the rrreasurer upon the following matters, namely:- (u) The quantity, quality, and value of the cane land of the applicants, and also of other land of the applicants which is not cane land; in estimating such value, no allowance shall be made for any increase in value by reason of the proposed construction or purchase of the sugar works or any other matter arising uut of the exercise of powers under this Act; * 1 Geo. v. No. 26, supra, page 748.

6396 SUGAR. Co-operative Sugar Works Act. 5 GEO. Y. No. :34, (b) The quantity and quality of other cane land which the proposed sugar works would pro- bably serve; (0) If the application is for the construction of new sugar works, the most suitable site for a mill, and the value of such site; (d) 'The estimated cost of the sugar works; (e) Such other matters as may be prescribed or may be required by the Treasurer. Notice of intention to construct or purchase works. 5. The Treasurer may, by notification in the Gazette, give notice that the memorandum and articles of associa- tion of the company have been approved by the Governor in Council, and that it is the intention of the Governor in Council to construct or purchase sugar works in the locality referred to in any such application. During a period of ninety days after the date of such notification, any owner or occupier of cane land in the said locality or adjacent thereto may execute and transmit to the Governor in Council an instrument in like form and to the same effect as the instrument referred to in para- graph (i.) of subsection three of section three hereof, where- upon he shall be treated as if he were one of the original applicants; and upon the formation of the company he shall be entitled to become an original shareholder. Company to 6. (1.) A joint stock company may be formed for a rbeegfiostremreedd. and sugar WOI' k S t 0 be constructed or purchased under th I ' S A ct and duly registered under "The Oompanies Aots, 1863 to 1913,"* with a capital equal to the cost of con- struction or purchase of the said sugar works, and divided into shares of a value approved by the Corporation. . (2.) Persons who have entered into cane-growing agreements as hereinafter provided, and no other persons, shall be qualified to hold shares in the company, and these shares shall be issued as fully paid up. (3.) 1'he Corporation may prescribe t.he maximum number of shares which may be taken up and paid for in actual money by any s1Jareholder on the original formation of the company. I n prescribing such maximum the Corporation shall have due regard to the acreages of cane land which are made subject to cane-growing agreements as hereinafter provided: Provided that such maximum. * 27 Vie. No. 4 and amending Acts, supra, pages 186 et seq. and 5829.

SUGAR. 6397 1914. Co-operative Sugar Works Act. number shall be exclusive of any shares which may be allotted to any such shareholder by means of cane credit or share credit. . (4.) 'l'wo-thirds of the shares of the company shall be allotted in the first instance as fully paid up to a person designated by the Corporation to be the trustee of the Corporation for the purposes of holding and dealing with such shares under this Act. Such person is herein referred to as "the trustee." The Corporation may from time to time set apart such number of these shares as in its judgment are or may be necessat·y to be reserved for allotment to persons who have become entitled to cane credit as hereinafter provided. So long as any shares stand in the name of the trustee in the books of the company they shall be held by him as additional security to the Corporation for all advances made in respect of the sugar works. 7. (1.) When the Governor in Council is satisfied Construction that- and cnntrol of works and (a) A company has been formed and duly registered busines•. as hereinbefore provided; and (0) One-third of the shares of the company have been issued and allotted to persons who have ('ntered into cane-growing agreements as here- inafter provided; and the holders of these shares have paid in sterling money to the Corporation the full amount of the capital represented by such shares, being a total of one-third part of the capital of the company, or have deposited with the Corporation an undertaking entered into by a bank or other approved financial institution, in form satis- factory to the Corporation, to pay to the Corporation, as and when demanded by it, the full amount of the said capital represented by the said shares; and (0) The remaining shares of the company, repre- senting the remaining two-thirds of the shares of the company, have been issued and allotted to the trustee; he may direct and empower the Corporation to construct or purchase and thereafter to manage, maintain, work, and control sugar works under this Act, and may authorise

6398 SUGAR. Co-operat£t'e Sugar Works Act. 5 GEO. V. No. 34, and direct the Treasurer to pay to the Corporation, as and by way of an advance to the company, Cl sum equal to two-thirds part of the cost of the construction or purchase of the said sugar works: Provided that it shall not be lawful to purchase an.y sugar works under this Act unless or until the agreement for such purchase has been approved by resolution of both Houses of Parliament. (2.) Additions b capital cost marre thereafter may be authorised in like manner. (3.) The cost of construction or purchase of the sugar works shall be .defrayed out of the capital moneys of the company. (4.) All such works when constructed or purchased shall vest in the Corporation until transferred to the com- pany or otherwise disposed of as hereinafter by this Act provided. (:i.) 'rhe Corporation shall have full power and authority to manage, maintain, work, and control the sugar , , ~ orks and the business thereof, including the regulation of the leasing and selling of all land of the original shareholders, subject to cane-growing agreements. The Corporation shall have power to grow cane upon any land whatsoever for supply to the sugar works, and, subject to ,. Tlte S1!J!J((J' Oultivation Act of J 913,"* to purchase cane from any person wllOmsoever. (6.) The Corporation may appoint and employ such officers, m~ nagers, valuers, engineers, workmen, and ser- vants as are necessary for the purposes of this Act, and shall pay to them such salarie:", wages, and allowances as are prescribed by award under " The Indust,'ial Peace Act of 1912."t The Corporation shall be an employer within the meaning of the last-mentioned Act, anything in the said Act to the contrary notwithstanding. All such payments shall be charged to the account of the sugar works in or in respect of which slich persons are employed. (7.) The Corporation shall have power from time to time to take, purchase, contract for the use of, or other- wise provide any land which may be reqhired for the sugar works or any railway, tramway, wharf, or other work, and to acquire running rights over any tramway. * 4 Geo V. No. 4, supra, page 6039. t 3 Geo. V. No. 19, supra, page 5'167.

SUGAR. G39D" 1914. Co-operative Sugar Works Act. rThe powers under this subsection shall be exercised under "The PuJ)lic Wo)'ks Land Resumption Act of 1906 "*: J)rovided that, in estimating the compensation to be paid on the resumption or other acquirement of land by the Corporation, no allo'wance shall he made for any increase in the value of such land by reason of the con- struction or proposed construction or purchase or proposed purchase of the sugar works or any other matter arising out of the exercise of powers under this Act. In this subsection the term" sugar works" includes not only a sugar works to which this Act applies, but also any sugar works constructed and worked, or proposed to be constructed and worked, by any company or person or body of l)crsons other than under this Act: Provided that in the latter case the powers of the Corporation under this subsection shall be exercisable only on good cause shown by, and as the agent of, and at the sole expense of, the company or person or body of persons concerned. (S.) rrhe Corporation and any company in whom by Tramways, virtue of this Act any sugar works are for the time being &cc. vested may construct, lay down, maintain, and work any tramway or railway upon any road or land, including Crown land, and may use thereon any locomotives and rolling-stock drawn or propelled by animal, steam, or other motive power. (9.) The Corporation may from time to time, out of Power to the funds of the company, n:lake advances to owners or ~ ~ tv~ ~ ces on occupiers of land on the security of the cane being grown cane, &0. by them. • Such advances shall be made in such manner and on such conditions as may be prescribed. 8. (1.) As soon as may be after the Corporation is Cer~ ificate of satisfied that the sugar works are ready to commence capItal cost. operations, the Corporation shall, by a certificate published in the Gazet/p, declare 'what is the total capital sum ex- pended in the construction or purchase of the sugar works. U.) Such sum shall include- ((() The cost of the mill, with all its machinery, appliances, and equipment, and the mill site; (b) The cost of all railways, tramways, wharves, rights-of-way, and other casements constructed and acquired for the purposes of the sugar works; * 6 Edw. VII. No. 14, supra, page 3608.

6400 SUGAR. Co-operative Sugar Works Act. 5 GEO. V. No. 34, (c) Interest at the rate of four pounds per centum per annum on all moneys expended from the respective dates of expenditure until the first day of July next succeeding the date of the certificate; (d) All such other payments as are properly chargeable to capital cost, or as may be prescribed. (a.) If the capital cost of the sugar works as so certified exceeds the estimated cost, the capital in the company shall be increased by the issue of the proper number of fully paid-up shares and their allotment to persons who have entered into cane-growing agreements as hereinafter provided and to the trustee, respectively, according to the additional capital subscribed or advanced, as the case may be. If at any time while the sugar works are vested in the Corporation additions to or extensions of the sugar works are made and the cost thereof has not been defrayed out of annual revenue, the Corporation shall, by a like certificate, declare the cost thereof. And thereafter the amount stated in such certificate shall be added to and be deemed to be part of the capital cost of the sugar works; and the capital of the company shall be adjusted accordingly as hereinbefore provided lJY the issue of the proper number of additional shares. Additional shares issued under the foregoing provisions shall be subject to the same incidents and shall be held and dealt with under this Act in the same manner as the original shares of the company. All moneys due and owing in respect of the value of additional shares to be issued on an increase of capital under this subsection shall be a debt to the Corporation, and recoverable by it accordingly from the respective shareholders. Capital cost 9. (1.) A sum equal to two-thirds part of the original atolobaend. eemed capital cost of the sllgar works certified as aforesaid shall be deemed to be a loan by the Treasurer to the company for a period of twenty-one years from the first day of .Tuly next succeeding the date of the certificate, and shall bear interest at the rate of four pounds per centum per annum: 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

SUGAR. 6401 1914. Co-operative Sug([;r Works Act. principal money shall, nevertheless, bear interest at the rate aforesaid, and such interest shall be payable by the Gorporation on behalf of the company to the 'rreasurer on the first day of July in each such year. In like manner all additions to such original capital cost certified as aforesaid shall be added to and become part of the then outstanding b3lance of capital cost, and bear interest at the same rate; and the amounts of the annual instalments. payable to the Treasurcr under this Act shall be proportionately increased so that the whole of the capital cost, with interest as aforesaid, shall be repaid within the said period. (2.) From and after the expiration of the aforesaid Rel?ayment of period of two years, the amount of such capital cost, capital cost. with interest as aforesaid, shall be liquidated by the pay- ment by the Corporation on behalf of the company to the Treasurer, on the first day of July in every year, of a sum equal to seven pounds twelve shillings and four pence for everyone hundred pounds of the said amount, and such sums shall cuntinue to be payable until the said amount, with interest accruing thereon, has been so paid. (3.) Notwithstanding anything in this Act contained, Acceleration the Treasurer may from time to time permit the Cor- o o f f pleaaynm. ents poration, with the consent of the company, to payoff the whole or any portion of the moneys advanced at any time before they are due; and the Corporation may apply an~' surplus profits for this purpose. (4.) The payment of the aforesaid instalments shall Repayments a he a first charge on the profits of the sugar works. ~~~~~:.arge on 10. After making provision for the payment of the )"ayrr.ent of I.nstalment s mentl'Oned'In the I ast precedl' ng sec t I ' On, tl1ere smhtaerreehsotlodners' shall be paid by the Cor~ oration on behal.f of the company ~ :r: tllsh~ dent to the Treasurer, on the first day of Julv 111 every veal', out of 8h:ue of the profits of the sugar wor],s, a ~ um equ"al to four credit. pounds per centum upon the amount of capital of the company ~ mbscribed by the original shareholders, being onc-third of the capital of the company, and upon such payment ]1eing made the amount thereof shall he allocated by the Corporation amongst the origiual shareholders other than the trustee in proportion to the sums respec- tively subscribed hy them in sterling' money towards such capital, and shall be credited to the account of each such shareholder in the books of the company for the purpose of share credit, and shall so remain until shat e credit has been \

SUGAR. Co-operative Sugar Works Act. 5 GEO. V. No. 34, established and shares of the company in consideration therefor have been transferred by the trustee to the respective shareholders as hereinafter provided: Provided that, if in any year the profits of the sugar works are insufficient to pay the said sum to the Treasurer, the amount thereof may nevertheless be allocated and credited amongst and to the original shareholders as herein provided, and the said sum may be paid out of the surplus profits of any future ycar. Profits may be put to reserve, &c. 11. Subject to the two last preceding sections, the profits of the company may, as the Corporation in its discretion thinks proper, be put to reserve fund for any lmrpose, or may be allocated towards cane credit as hereinafter provided. Levy of ratE.'. 12.(1.) If and a~ often as the profits of the sugar works in any year are n')t sufficient to pt·ovide for and pay the annual instalmrnt or interest and repayment as hereinbefore provided, then the original shareholders of the company shall be liable to make good to the Treasurer the amount of such deficiency. (t.) The Corporation shall in each year, by a cer- tificate published in the Gazette, declare the amount of the profits of the sugar works, if any, for the preceding year, or, if such deficiency as aforesaid exists, declare the amount of such deficiency. The deficiency aforesaid shall be paid and made good by means of a rate levied in respect of all the lands of such shareholders which are subject to the cane-growing agreement, and whether cane land or not. Such mte shall include a reasonable sum in respect of the cost of levying and collecting the same. (H.) The Corporation shall make and levy and collect such rate in manner prescribed: Provide~ l that the rate made and levied shall in all cases be of the same amount for every pound of the unimproved cap\tul value of such lands. Valuation. (4.) In each year in which it is necessary to make and levy such rate, the Corporation shall cause to be made a valuation of each portion of such land, including cane land and land which is not cane land. The expenses occasioned by every such valuation shall be charged to the account of the sugar works.

SUGAR. 64,03 1914. Co-operative Sugar Works Act. -- ----- •.. ~ - .- - - Such valuation ~ hall declare the unimproved capital value of the land. Notice of the valuation of each such portion and of the amount thereof shaH be published as prescribed. An appeal from any such valuation sh1alllie to a police magistrate sitting alone as a court of petty sessions, and shall be brought and heard in such manner as may he ~ prescribed. Such appeal may be brought hy the person liable to be rated, either against the valuation of his own land or of any other land of another shareholder; but, in the event of his appealing against the valuation of another person's land, he shall give the prescribed notice of appeal to such person. (0.) If any person liahle to pay any amount of such Penalty for rate makes default in the payment thereof within sixty cefault. days after the same is levied, there shall be added to the amount a further sum by way of penalty equal to six pounds per centum per annum, and such penalty shall thereafter be deemed to be part of such rate and recoverable as such. (6.) The amount of any rate may be recovered by the Recovery of Corporation, by complaint in a summary way or by action rate. in any court of competent jurisdiction, from the owner or occupier for the time being of the land in respect of which the same is due and payable, notwithstanding any change that mny have taken place in such ownership. (7.) 'rhe total amount of such rates, after deducting Rate a first therefrom any sums paid from time to time on account f~ ~ d~ e on thereof, shall be and remain a charge upon the land, notwithstanding any change in the ownership thereof, and in priority to any mortgage, encumbrance, or other charge whatsoever thereon until such rates are paid, except the encumbrance created by the cane.growing agreement. For the purposes of this section, the Corporation may, by a certificate published in the Gazetle, declare the amount of any such charge in respect of any land. And t he Corporation may enforce such charge by application to the Supreme Court for an order for sale of the land according to the practice of that Court. 1 ~ 3. rrhe provisions of this Act for securinO b ' to the C R r e o m w e n dies of 'rreasurer the repayment to him of all advances made to a cumulative. company under this Act shall be in addition to any other remedy which the Treasurer has against the company as a creditor, and he may enforce any such remedy.

6404 SUGAR. --- --.-. - - - - - - - - - - - - - - - - - - - - - - - Co-operative Sugar Works Act. 5 GEO. V. No. 34, Cane-growing 14. (1.) While the sugar works are vested in the ~ greement. C orpora t' IOn, every person who ; ne ] S . lres t 0 b ecome a s h are- holder of shares in the capital of the company shall enter into an agreement with the Corporation in the form [Sehedule.] of the Schedule hereto, -with such modifications as the Corporation thinks proper, and, in respect of an acreage of land, not less than the area prescribed by the Corporation. Such agreement is herein referred to as a cane-growing agreement. Encumurar.<:.e. (2.) Every cane-growing agreement shall, in addition to any other remedy given thereby and without prejudice to any covenant, condition l stipulation, or provision therein contained or in this Act, be and constitute an encumbrance on the land with respect to which the same is made, and, notwithstanding any Act to the contrary, may be registered as an encumbrance, and shall have effect accordingly. Who entitle? (3.) Persons who have supplied cane to the sugar works to cane credit. under a cane-grow.mg agreement ,and no 0 ther persons, may become entitled to cane credit as hereinafter provided. Cane-growers (4.) vVhile the sugar works are vested in the Corpora- o n r ot p lt e o c ., g se e ll tion, no bO'l'ower of cane who has entered into a cane- cane. growing agreement shall have the right to sell, assign, 01' dispose of or to give or grant any mortgage, lien; or other security or pledge of or over any cane or cane crop, or any money or other consideration due or accruing due to him for cane supplied or to be supplied to the sugar works, to any person other than the Corporation without the express consent in writing of the Corporation or its agent in that behalf first had and obtained; and every agreement, contract, instrument, or writing made or entered into contrary to this provision shall be void and of no effect whatsoever. But this provision shall not be construed to avoid or prejudicially affect any contract or agreement for the sale or disposal of cane entered into prior to the application under this A ct for the construction or purchase of sugar works, and the terms of which contract or agreement are specifically set forth in the said application. (5.) Notwithstanding anything in this Act contained, where the Corporation i" satisfied that a shareholder of the company- (a) Has borrowed money from any bank, institu- tion, or person (herein referred to as the " mortgagee") in order to enable him to subscl'ibe to the original capital of the company and become a shareholdl'r; and

SUGAR. 6405 1914. Co-operat1:ve Sugar Works Act. (b) Has agreed in writing with the mortgagee to give a mortgage, lien, or other security over his shares to the mortgagee, and that the Corporation !:'hall be authorised to deduct from any moneys' due from time to time to him in respect of cane supplied hy him to the sugar works such sums as are in the said agreement mentioned, and to pay over the same to the mortgagee, then and in any such case the Corporation shall give effect to such agreement hy making deductions in the manner and to the extent therein prescribed from the moneys due fl'om time to time to the shareholder in respect of cane supplied to the sugar works until the whole of the advances, with interest at the prescribed rate, has been repaid to the mortgagee, and shall pay over the amount of such deductions to the mortgagee; and the receipt of the mortgagee fer such amounts so paid shall be a sufficient discharge to the Corporation by the mortgagee and the shareholder concerned. rrhis provision shall have ~ ffeet, notwithstanding anything contained in " Tile Sugar Growprs Act 0/ UHB."* 15. (1.) The Corporation shall from time to time, at Certificat~ of I.n.terva1S 0 f seven years, by a eel' t' I ficate publI'Shed'In the caannde.chraerdeI·ts Gazettp, declare- credits. (a) In respect of each and every person who has supplied cane to the sugar works under a cane-growing agreement, the amount of the cane credit of such person: Such cane credit shall be allocated in the prescribed manner. (b) In respect of each and every original share- holder, the amount of share credit of such shareholder. (2.) As soon as may be after the publication of such certificate, the trustee shall, out of the shares theretofore held by him as trustee, transfer to each person so declared entitled to cane credit, and to each original !:'hareholder so declared entitled to share credit, the proper numher of shares equal in nominal value to the amount of cane credit or share credit, :' s the case may be, to which he is so entitled. * 4 Geo. V. No. 2, supra, page 6035.

6106 SUGAR. Uo-oJ1eratil'e Sugar Works Act. 5 GEO. V. Ko. :34, Saving a. to 16. (1.) Nothing in this Act shall be construed to o ca r nsehacrreedit create or give to any person whomsoever any right or credit. remedy against the Corpol'ation or the Treasurer or the Crown for or in relation to the establishment of cane credit or share credit, and no cane credit or share credit shall under any circumstances whatsoever be deemed to have been established or to have come into possession unless or until a certificate has been published by the Corporation declaring the amount thereof. (2.) Except with the express consent in writing of the Corporation first obtained, cane credit or share credit, or the expectation or possibility of the establishment of cane credit or share credit, shall not be transferable or assignable by any means or method other than by deyolution of law. Protection of 17. Upon the expiration or sooner detel'mination of lessees. the estate of a lessee who has entered into a cane-growing agreement in respect of the land whereof he was lessee, any shares oC which he is the registered holder, and any cane credit or share credit to which he is or may become entitled, shall be deem~ d to be his personal property, and shall be vested in the Oorporation as the agent of such late lessee; and the Corporation may sell or otherwise dispose of the same to a qualified person, and shall hold the pro- ceeds of such sale or disposal for the benefit of such late lessee. Corporation may deduct 18. SubJ'ect to " The Sugar G1'OWe1'8Act0/ IH13,"* moneys due the Oorporation shall have the right to deduct from any ~ ~. , a1r:~ ce. , moneys due to any person in respect of cane !lupplied by c p a r n oc e ~ s e u ds pp o l ~ ied. ohrimantyo ptrhee d escuesgsaorr . I w II o . trIkts 1 ea f noyr omrom . ne ' lressdpuece t b 0 y f asuncyha d pvearnsocne made to him by the Oorporation, or any payment made on his behalf by the Corporation, or any rate due by him under t his Act. Board of Advice. 19. For each sugar works there may be appointed a Board of Advice. The Board shall consist of five persons, three of whom shall be appointed by the Governor in Oouncil, and two of whom shall be elected by the shareholders of the company. The method of appointment and election of such persons and the tenure of their office shall be prescribed by the regulations. 'rhe functions of each Board of - - - - - - .- - - - - - - - - ~ - ~ * 4 Geo. V. No. 2, supra, page 6035.

SUGAR. 6407 1914. Co-operat'ive Sugar Works Act. Advice shall be to communicate with the Corporation upon such matters as they consider to be advisable with respect to the sugar 'works for which they are appointed, and generally to co-operate with the Corporation in the discharge of its powers and duties relating to such sugar works. 20. (1.) Forthwith after the total amount of the Certificate capital cost of a sugar works with interest as aforesaid, ; ~ ;! ; ~ents and all other sums due hy the company to the Treasurer had been under this Act have been repaid to the Treasurer as ma e. prescribed by this Act, the Treasurer shall publish in the GazeLle a certificate to that effect. Thereupon the liability of the lands of original slmre- holders of the coml)any to be rated under this ~ > \ ct, and all the obligation ,of the owners and occupiel's thereof in respect of any rate other than in respect of rates due and in arrear, and all the obligation of the company to the Treasurer, shall cease and determine. (:!.) As soon as may he thereafter, it shall be lawful TransfeL'of for the Corl)oration to transfer and the Corporation shall ~ ~ gc~ n~ ~ ~~ ) ~. transfer to the company all the right, title, and interest of the Corporation in the sugar works. Upon the execution of such transfer, the sugar works shall be divested from the Corporation and shall vest in the company, and by virtue of this Act all the liabilities and obligations of the Corporation in respect of or anywise in relation to the sugar works shall he horne and discharged by the company: Provided that, until such transfer has been completed, the Corporation shall have full power under this Act to manage and carry on the sugar works and the business thereof. 21. The Corporation shall cause cmrect accounts to Accounts be kept 0 f 'a11 recm. pts and expend I 'ture on account 0 f sugar and audit,. works vested in it. Such accounts shall be audited from time to time by the Auditor-General or some officer of his Department authorised by him in that behalf. 22. The Governor in Council may, by Order in Council Provi,ior.s of published in the Gaze 'le, order and declare that the ! ~ ~ ~ ld~ ~ ~ ~ Corpo • ration may enter into an aO b 'reement with owners and r s e n d g e a m r w pt u i. r m ks of occupIers of land who are suppliers of cane to a sugar forecl( ) ~ ed works to which advances had been made under "The W~ ~ ksSugar Guarantee Q Acts.

6!08 SUGAR. Go-operatit'e Sugar Works Act. 5 GEO. V. No. 34, Sugar Tf'Q1'ks GU(lrantee Acts, 1893 to 1908,"* and which has been acquired by the Corporation under the said Acts, for the repurchase of such sugar works from the Corpor~ ­ tion. In estimating the consideration for such relmrchase, due allowance shall be made to the shareholders of the co-operative company to be formed for such repurchase in respect of any surplus profits which have been earned by the sugar works since the date of the vesting of the same in the Corporation; and the liability estimated to be outstanding in respect of the same, after making such allowance, shall be deemed to be a debt repa~ ' able to the Treasurer within such period as shall be specified in the agreement. All the provisions of this Act shall be applicable to the sugar works and the parties to such agreement so far as the same can be applied, subject, however, to such modifications thereof as may be found necessary in order to Cll'ry such agreement into full effect. Evidence of Gazette. 23. A copy of the Gazette purporting to contain any notice 01' OrJer in Council given or made under this Act, or any certificate of the Corpo'l'ation or the Treasurer given for any of the purposes of this Act, shall be conclusive evidence of all the facts therein stated. Regulations. 24. Tbe Governor in Council may from time to time make all such regulations as he thinks fit for giving full effect to this Act. All such regulations, upon publication in the Gaz( tie, shall be read as one with this Act, and shall be of equal validity. " All such regulations shall be laid before both Houses of Parliament within forty days after the publication thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next ensuing session thereof. If either House of Parliament, within forty days after such regulations are so laid before such HOllse, resolves that the same or any part thereof ought to be annulled, then such regulations or such part in such resolution referred to shall from the date of such resolution be annulled, without prejudice, however, to anything done or suffered thereunder in the meantime prior to such date. * 57 Vie. No IS and amending Acts, 8upra, pages 3417 et se].

1914. SUGAR. Co-operative Sugal' Works Act. 6409 THE SCHEDULE. [See s. 14] 'fms AGREEMENT made this day of 19 , BETWEEN of Sugar Works Area of in the © State of Queensland (hereinafter called" the Cane Supplier," which expression shall where the context permits be deemed to include his executors, administrators, and assigns), of the one part, and the TREASURER OF QUEENST"AND, a Corporation Sole constituted under the provisions of "The 81lgar Works G1w1'antee Aets Amendment Act of 1908' '* (hereinafter called "the Corporation," which expression shall be deemed to include his successors in office and assigns), of the other part, WHEREBY ]'OR THE CONSIDERATIONS HEREINAFTER ApPEARING IT IS AGREED AS. FOLI"OWS:- 1. (a) The Cane Supplier will in each and every year, from a day to be certified by the Corporation, and until the Sugar Works constructed by the Corporation at (herein referred to as the Mill) has ceased to be vested in the Corporation, plant, if not already planted, at least acres of all that piece or parcel of land situated in the County of Parish of containing more or ,less, being and being the land contained in Certificate of Title No. Volume Folio with sugar-cane of varieties approved by the Corporation or its agent, and, whenever necessary to maintain the said area under sugar-cane, will replant the same with sugar-cane of varieties approved as aforesaid, and will carefully and efficiently cultivate and tend all the said sugar-cane during the whole of the said period, and, when and so often as may be required for proper husbandry and to prevent exhaustion of the soil, will use and supply sufficient and suitable manure or fertiliser, and will do all things necessary during the whole of the said period to minimise the risk of damage by fire, and to protect the said sugar-cane from injury of any kind, and to ensure the Corporation receiving the same in all respects in a sound and fit condition for manufacture into sugar. (b) The Cane Supplier will cut such of the said sugar-cane as the Corporation or its agent shall direct to be cut, in a fair and proper manner, and will deliver the same at the Mill ; or loaded in trucks used in connection with any tramline or rail- way line, or on railway trucks at such station or place as the Corporation or its agent, or any person or persons authorised by it in that behalf, may direct. (c) The Corporation or its agent shall have the sole right of deciding at what time or times such cane or any part thereof shall be cut, and at what time or times and in what quantities the same shall be so delivered as aforesaid. Cd) If the Cane Supplier makes default in such cultivation of cane as aforesaid, or in the delivery thereof as aforesaid, the Corporation, its agents, servants, and workmen, with all necessary. horses, drays, and other vehicles, may, if the Corporation thinks fit, at all times enter upon the land of the Cane Supplier herein- before mentioned, and cultivate cane and cut cane and carry the same away when and in such manner as the Corporation or its agent, *8 Edw. VII. No. 10, supra, page 3423.

6410 SUGAR. Co-operative Sugar Works Act. 5 GEO. V. :Ko. :H, in its or his absolute and uncontrolled discretion, thinks fit, and all expenses howsoever incurred by the Corporation in and about such cultivation, cutting, and carrying away of the cane and disposal thereof shall be a liquidated debt owing and payable by the Cane Supplier to the Corporation, and may be deducted out of the proceeds of the price of such cane or any cane of the Cane Supplier, or be recoverable in any Court of competent jurisdiction by the Corporation from the Cane Supplier. 2. (a) During the said period, provided that the said sugar- cane so delivered as aforesaid is, in the opinion of the Corporation or its agent, sound and fit for manufacture into sugar, the Cane Supplier shall sell the same to the Corporation, and subject to this Agreement the Corporation shall purchase the same from the Cane Supplier, at the price fixed from time to time by the Corporation per ton ( o~ 2,240 lb.), the weight of the sugar-cane to be determined in the usual manner by the weigh-bridge of the Mill or other weigh-bridge approved by the Corporation or its agent, or, if the Corporation or its agent at any time so decides with respect to all or any part of the cane delivered, at a price fixed by the Corporation upon the sugar content of the said cane as foullll by analysis. Cb) PROVIDED that the decision of the Corporation as to such price shall be final and conclusive. (c) AND PROVIDED ALSO that the Corporation shall not be bound to accept delivery of any cane which, in the opinion of the Corporation or its agent, is unfit for manufacture into sugar at a profit, and that in the event of its accepting delivery of any such cane as last aforesaid the price to be paid therefor shall be at such reduced rate, but subject to "Thc S1lgar Grou'cl's Act of 1913,"* as the Corporation or its agent may determine. 3. The Cane Supplier shall not without the consent of the Corporation or its agent during the said period grow, plant, or cultivate any crop or crops upon the said land other than sugar- cane, except such crops as may be required by him for his own home consumption and green manuring. 4. The Cane Supplier will at all times keep the said land free from noxious plants or weeds, and will iademnify the Corporation for any expenses incurred by it in the extirpation or destruction of any noxious plant or weed growing on any part of the said land. 5. NOTWITHSTANDING anything to the contrary herein con- tained, if in any season the supply of cane available for the Mill is, in the opinion of the Corporation or its agent, in excess of the capacity or requirements of the said mill, the Cane Supplier shall keep back until the following season such of the said sugar-cane as the Corporation or its agent may require to be so kept back, and in such case the Corporation [>ha11 not be required to accept any sugar-cane from the Cane Supplier in excess of such proportionate part of the cane so available as afore- said as the Corporation or its agent shall think equitable, nor shall the Corporation be liable to make good any loss or damage which the Cane Supplier may sustain by reason of such non-acceptance as aforesaid or of any delay which may arise thereoll. *4 Geo. V. No. 2, supra, page 6035.

SCGAB. 1914. Co-opereive jJ'l1gar lVorks Act. 6. If the working of the Mill shall be prevented by any fire, flood, tempest, drought, breakdown of machinery, strikes, or any cause Whatsoever, or shall be suspended owing to the amount of sugar-cane supplied thereto being, in the opinion of the Corporation or its agent, insufficient to enable the said mill to be worked profitably, the Corporation shall not be obliged to accept delivery of any cane from the Cane Supplier (anything in this Agreement to the contrary notwithstanding) until the said mill shall again be in full wOl"h:ing order. AND the Corporation shall not be liable to make good any loss or damage which the Cane Supplier may sustain by reason of such non-acceptance as aforesaid or of any delay which may arise thereon. I. Tbe Corporation, its agents, servants, and workmen, may, from time to time and at any time during the said period, enter upon the said land for the purpose of viewing and inspecting the same or any part thereof, or any methods of husbandry, or tillage, or cultivation, or manuring, or any crops thereon, and for the purpose of destroying and eradicating any noxious plant or weed growing or being upon the sallle or any part thereof, and for the purpose of surveying, setting out, laying down, constructing, work- ing, and using permanent or portable tramways or railways or permanent or temporary irrigation works, trenches, pipes, or water- ways, or roadways over, through, and under the said land along such routes and in such manner as the Corporation, its agents, servants, or workmen, shall think proper, and also for the purpose of maintaining, working, and using any tramline or railway line now or hereafter to be constructed upon the said land, and also from time to time of repairing any such tramways, railways, irriga- tion works, trenches, pipes, or waterways, or roadways or any of them, or of altering or taking up or removing the same to any other part of the said land or elsewhere, and of doing all things necessary for the purposes aforesaid; and the Corporation shall, free of charge, be at liberty to use and employ on the said tramways or railways locomotive engines and rolling stock drawn or propelled by horse, steam, electric, or any other motive power for goods, live stock, or passenger traffic, or otherwise as it shall think fit, and to use the said irrigation works, trenches, pipes, and waterways for all purposes connected with irrigation: Provided that the Corpora- tion may require, and the Cane Supplier shall forthwith execute in favonr of the Corporation, a lease, at a nominal rental, of so much land as the Corporation may require for any tramway or railway. S. The Cane Supplier will at all times during the said period permit all persons supplying cane to the Mill, or the servants and workmen of such persons, to pass and repass over and along any headlands or roadways on any, lands of the Cane Supplier, with or without horses, drays, and other vehicles, for the purpose of conveying sugar-cane to the said Mill, or sugar-cane, merchandise, manures, machinery, or supplies to or from any tram- lines or railway lines of the Corporation: Provided that the crops of the Cane Supplier shall not be injured by such other persons or their servants or workmen. 9. The Corporation and its agents, servants, and workmen shall at all times during the said period, with or without hO.rses, drays, and other vehicles, have free access, ingress, egress, and right-d-way to, in, from, and over the said land. G4U

6412 SUGAR. Co-operative Sugar W.orks Act. 5 GEO. V. No. 34, 19B. 10. It is hereby agreed and declared that the Corporation shall be the sole judge as to what sum or sums of money expended in or in connection with the Mill are to be deemed working expenses of the said Mill, and in all cases its certificate in that behalf shall be final and conclusive. 11. 1£ from any cause the Cane Supplier shall fail to plant and cultivate the area of sugar-cane or any part of such area agreed to be planted and cultivated by him in Clause 1 hereof, he shall, without prejudice to any other power or remedy of the Corpora- tion, forfeit and pay to the Corporation, by way of ascertained and liquidated dama~ s, the S'!l'ffi of £If.or-every acre, or ,parLofan acre short of the area so. -ltgl!eed to be 'planted and cultivated by him, and such sum or sums shall bed-educted from the proeoods of the price of any cane of the Cane Supplier, or be recoverable in any Court of competent jurisdiction by the Corporation from the Cane Supplier. AND IT IS HEREBY AGREED that the certificate of the Corporation or its agent that any area or any part thereof hereby agreed to be planted has not been planted and cultivated shall be final and conclusive evidence of the facts therein stated. IN WITNESS WHEREOF the party hereto of the first part has hereunto affixed his hand and seal, and the Common Seal of the Treasurer of Queensland has been hereunto affixed the day and year first hereinbefore written. SIGNED, SEALED, AND DELIVERED by the. .said.1 in the presence of (L.S.) GIVE...'if under the Corporate Seal of the Treasurer "') of Queensland and under the hand of the Treasurer of Queensland, this I r day of 19 • I in the presence of ) TESTA.TOR'S FAMILY MAINTENANCE. See SUCCESSION. TRACTION, RAILLESS. Sre RAILWAYS. TRADE CONTROL. Set M EUCANTILE. WORKERS' DWELLINGS. Ser. LABOUR.