Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943 (7 Geo Vi No. 40) (Qld)

BANKING. 7 GEO. VI. No. 40. Co-ordination of Rural Advances, Etc., Act. 7 An Act to Amend "The Rural Development Co-ordi- nation of Advances Act of 1938," in certain CO-ORDINATION OP RURAL particulars, and for other purposes. ADVANCES AND AGRICULTURAL. BAN% ACT [ASSENTED TO 25TH NOVEMBER, 1943.] AMEANCDTMOEFNT 194$. B E it enacted by the King's Most Excellent Majesty, 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 :- 1 . This Act may be cited as " The Co-ordination of Short title Rural Advances and Agricultural Bank Act Amendmen c t o ' ncistruction. Act of 1943," and shall be read as one with *" The Rural Development Co-ordination of Advances Act of 1938," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as " The Co-ordination of Rural Advances and title. Agricultural Bank Acts, 1938 to 1943." 2. The title of the Principal Act is amended by Title repealing therein the words "Bureau of Rural Develop- amended. ment " and by inserting the words "Agricultural Bank" in lieu of such repealed words. 3. In section one of the Principal Act the short Amendment. title is amended by repealing therein the words " Rural of s. 1. Development Co-ordination of Advances," and by inserting the words "Co-ordination of Rural Advances and Agricultural Bank" in lieu of such repealed words. 4. Section two of the Principal Act is repealed and Repeal of the following section is inserted in lieu thereof, namely and new s. 2. "[2.] This Act is divided into Parts as follows :— Parts of Act. [14 Geo. V. PART 1.—PRELIMINARY ; No. 41, s. 2.] [2 G. VI. PART II.—THE CORPORATION OP THE AGRICUL- No. 4, Sch.1 TURAL BANK; PART, III.—ADVANCES UNDER CERTAIN OTHER ACTS; PART IV.—ADVANCES TO CO-OPERATIVE COM- PANIES ; * 2 G. 6 No. 4 (and Acts incorporated thereby). See 1938 Sees. v., p. 17384.

8 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, PART V.—ADVANCES TO COMMODITY BOARDS; PART VI.—ADVANCES TO FARMERS AND OTHERS; PART VII.—SPECIAL ADVANCES IN AID OF PRIMARY PRODUCTION; PART VIII.—MISCELLANEOUS. Aofmse.n3d.ments as fol 5 lo . wSse: c—tion three of the Principal Act is amended (a) The definition " " The Corporation of the Bureau of Rural Development" or " Corporation " " is repealed and the following definition is inserted in lieu thereof, namely :— Agricultural Bank or Bank. " " Agricultural Bank" or "Bank "—The Cor- poration constituted by this Act, being such Corporation as constituted by the Treasurer in office at the passing of *" The Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943," and his successors in office as Treasurer in perpetual succession under its name as changed by such Act. (b) The definition "Farm land" is amended by repealing, in paragraph (b) thereof, the words "or other similar tenement" and by inserting the words "or otherwise demised by the Crown for an estate less than an estate in fee-simple" in lieu thereof. (c) The definition " Fund " is repealed and the following definition is inserted in lieu thereof, namely :— Fund. " "Fund "—The fund constituted by this Act, being such fund under its name as changed by *" The Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943."" (d) The definition " Minister " is amended by repealing the words "The Secretary for Agriculture and Stock," and by inserting the words "The Treasurer" in lieu of such repealed words. (e) The definition" "Rural Development Board" or " Board " " is repealed and the following definition is inserted in lieu thereof, namely Agricultural Bank Board. " Agricultural Bank Board" or "Board "—The Board constituted by this Act, being such Board under its name as changed by *" The * This Act.

BANKING. 9 1943. Co-ordination of Rural Advances, Etc., Act. Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943."" (f) In the last paragraph thereof the word" Corpora- tion" is repealed and the word " Bank " is inserted in lieu thereof. 6. The heading "PART II.—THE CORPORATION OF Repea l of THE BUREAU OF RURAL DEVELOPMENT" appearing immediately prior to section four of the Principal Act prior to s. 4. is repealed and the following heading is inserted in lieu thereof, namely :—" PART II.—THE CORPORATION OF THE AGRICULTURAL BANK." as fol 7 lo . w ( s 1. : ) — Section four of the Principal Act is amended Amoef ns.d4m. ent (a) In the first paragraph thereof the words and brackets "by the name of "The Corporation of the Bureau of Rural Development" (herein referred to as "the Corporation ") " are repealed and the words and brackets, "by the name of the " Corporation of the Agricultural Bank" (herein referred to as " the Bank ")" are inserted in lieu thereof. (b) In the last paragraph thereof the word " Corporation " is repealed and the word " Bank " is inserted in lieu thereof. (2.) The Minister of State for the State of Queens- land in office as Treasurer at the passing of this Act shall constitute the Corporation constituted under the Principal Act as amended by this Act on and from the date when this Act is passed in succession to the then Secretary for Agriculture and Stock, and on and after the passing of this Act the said Corporation shall be constituted by such Treasurer and his successors in office as Treasurer in perpetual succession. (3.) Any reference in any Act, Proclamation, Order in Council, or regulation, or in any mortgage, lien, security, bond, debenture, agreement, contract, deed, or other document, instrument, or writing whatsoever to the Corporation constituted under the Principal Act or to the Corporation dissolved by *" The Rural Development Transfer and Co-ordination of Powers Act * 2 G. 6 No. 4 (and Acts incorporated thereby). See 1938 Sess. v., p. 17384.

30 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, of 1938," shall be read and construed as if the new name of the Corporation constituted by the Principal Act appeared therein as on and from the date of the passing of this Act instead of the old name of such lastmentioned Corporation, or the name of such dissolved Corporation, and shall operate and take effect accordingly. (4.) Neither the constitution in office, on and from the date of the passing of this Act, of the Treasurer in lieu of the Secretary for Agriculture and Stock as the Corporation constituted under the Principal Act, nor the change of the name of the said Corporation made by subsection one of this section shall affect the continuity of the identity, or any rights or obligations, of the said Corporation, or render defective any legal proceedings by or against the said Corporation, and any legal proceedings that might have been commenced or continued by or against such Corporation as constituted by the Secretary for Agriculture and Stock and/or by its former name may be commenced or continued by or against it as constituted by the Treasurer and by its new name. (5.) The change in the constitution and name of the Corporation constituted by the Principal Act made by this section shall not prejudice the construction of the provisions of section seventeen of the Principal Act and in that section, unless the context otherwise indicates or requires the term "the Corporation," shall be read as referring to the Corporation constituted under the Principal Act as amended by this Act, the term " Secretary " as referring to the General Manager of the Bank, the term " Rural Development Board" as referring to the Agricultural Bank Board, and the term "Agricultural Bank" as referring to the Corporation dissolved by *" The Rural Development Transfer and Co-ordination of Powers Act of 1938." (6.) Any reference in any Act, Proclamation, Order in Council or regulation to the Rural Development Board shall, on and from the date of the passing of this Act, be read and construed as a reference to the Agricultural Bank Board constituted under the Principal Act as amended by this Act, and such Act, Proclamation, Order in Council or regulation shall, on and from such date, operate and have effect accordingly. * 2 G. 6 No. 4 (and Acts incorporated thereby). See 1938 Sess. v., p. 17384.

BANKING. 11 1943. Co~ ordin( JJtion of Rural Advances, Etc., Act. 8. In section five of the Principal Act the word Amendmenit " Corporation" is repealed and the word " Bank~ ' is of s. 5. inserted in lieu thereof, the words" Rural Development" are repealed, and ·the words " the Secretary thereof" are repealed and the words "the General Manager, Secretary and District Managers of the Bank" are inserted in lieu of such lastmentioned repealed words. 9. The following section, numbered 5A, is inserted~ ew s. 5A after section five of the Principal Act, namely ;_ .Inserted. "[5A.] The Bank may, with the approval of the Delegation. Governor in Council, delegate to the General Manager of the Bank, or to the manager of any district office of the Bank any of its powers and functions (except this power of delegation) in relation to any matter or class of matters so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. Any such delegation shall be revocable by the Bank at will, and no such delegation shall prevent the exercise of any power or function by the Bank." 10. Section six of the Principal Act is amended as Amendment follows ;_ of s. 6. (a) In subsection one thereof the words "Rural Development" are repealed and the words "Agricul. tural Bank " are inserted in lieu thereof. (b) Subsection two thereof is repealed, and the following subsection is inserted in lieu thereof, namely ;- "(2.) The Board shall consist of three members appointed by the Governor in Council by Order in Council published in the Gazette. The General Manager of the Bank shall be one such member and the representative of the Treasury Depart- ment on the Board, and the remaining two members shall be so appointed to represent the Department of Agriculture and Stock, and the Land Administration Board, respectively. The members of the Board other than the aforesaid General Manager shall hold office at the pleasure of the Governor in CounciL

1.2 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, A member may hold his office as such in conjunction with any other office held by him under *" The Public Service Acts, 1922 to 1924." The Governor in Council shall appoint one member to be the chairman and another member to be the deputy chairman of the Board." (c) In paragraph (a) of subsection seven thereof, the word "Corporation" is repealed, and the word " Bank " is inserted in lieu thereof. (d) In the sidenote thereto the words "Rural Development" are repealed and the words "Agricul- tural Bank " are inserted in lieu thereof. Amendment 11. Section seven of the Principal Act is amended <>f s. 7. as follows:- (a) In subsection one thereof the words "Corporation under this Act or other Corporation or other Minister of the Crown, as the case may be," are repealed and the word "Bank" is inserted in lieu thereof, and paragraph (a) is repealed and the following paragraph is inserted in lieu thereof, namely:- "(a) This Act; " Moreover paragraph (h) of the said subsection one is repealed and the following paragraph is inserted in lieu thereof, namely :- "(h) t" The Financial Arrangements and Development Aid Act of 1942" for the purposes of or in aid of rural development." (b) In paragraphs three and four of subsection two thereof the words" proper authority" are repealed and the word " Bank " is inserted in lieu thereof. (c) Subsection three thereof is repealed. (d) In subsection five thereof the word" Corpora- tion" where such word twice appears is repealed and, in each such case, the word " Bank" is inserted in lieu thereof. Amendment 12. Section eight of the Principal Act is amended <>f s. 8. as follows :- (a) The word "Corporation" where such word twice appears therein is repealed and the word " Bank " is inserted in lieu thereof in each such case. * 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et seg. t 6 G. 6 No. 26. See 1942 Sess. v., p. 5.

1943. BANKING. Co-ordination of Rural Advances, Etc., Act. 13 (b) The words" Department of Public Lands" are repealed and the words "Departments of Public Lands and Agriculture and Stock" are inserted in lieu thereof. (c) The words" Rural Development" in the sidenote thereto are repealed. 13. The following section, numbered SA, is inserted ~ ew s. SA after section eight of the Principal Act, namely:- mserted. " [8A.] The Governor in Council may at any time District and from time to time, upon the recommendation of~ f! c~ a~ ; : . the Board, by Order in Council published in the Gazette, establish a district office or district offices of the Bank and/or appoint an agent or agents of the Bank at any place or places. Any district office or agency so established or appointed may in like manner be abolished or terminated by the Governor in Council at any time." 14. (1.) Section nine of the Principal Act is Repeal of repealed, and the following section is inserted in lieu and new s. 9. thereof, namely :- "[9.] (1.) The Governor in Council shall, on the recommendation of the Public Service CommiSSIoner, appoint- (i.) A person to be the General Manager of the Corporation of the Agricultural Bank (herein referred to as " the General Manager "); and (ii.) A person to be the Secretary to the Corpora- tion of the Agricultural Bank (herein referred to as " the Secretary "); and (iii.) A person to be the manager of every district office of the Corporation of the Agricultural Bank (herein referred to as a "District Manager "); and may upon the like recommendation appoint and/or employ such other officers and employees as may be necessary for the purpose of administering this Act. (2.) Any appointment as aforesaid may be made under *" The Public Service Acts, 1922 to 1924," and, in such event, the appointee shall hold the office to which he is so appointed under and pursuant to such Act. * 13 G. 5 No. 31 and amending Acts. See v. 7, pp.1l39 et 8eq.

14 BANKING. Co-ot-dination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, (3.) Every such officer or employee shall be ·paid salary or wages at the rate for the time being fixed by award, order or industrial agreement under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1942," or if there is no such award, order, or industrial agreement applicable in his case, then at such rate as is fixed by the Governor in Council upon the recom- mendation of the Public Service Commissioner. (4.) A person in office under t" The Public Service Acts, 1922 to 1924," may be appointed or seconded to any office under this Act and may, if the Public Service Commissioner so recommends, hold both such offices in conjunction. (5.) The General Manager shall be charged with the custody of the official seal of the Bank, and shall have power to execute documents on behalf of the Bank, and to affix the official seal of the Bank, and shall also have such other powers and perform such other duties as are from time to time prescribed or, subject as so prescribed, delegated to him by the Bank. (6.) In the event of the illness, incapacity, suspension or absence on leave or on official business of the General Manager, the Secretary or another officer of the Bank appointed in that behalf by the Minister either generally or for the particular occasion shall have and exercise all the powers, functions, and authorities and perform all the duties of the General Manager, and shall be deemed to be the General Manager. The fact that the Secretary or the person so appointed has exercised any power, function, or authority of the General Manager or performed any duty of the General Manager shall, until the contrary is proved, be conclusive evidence ofthe absence, incapacity, suspension, or illness of the General Manager." (2.) All officers and employees appointed or employed under the Principal Act prior to and in office or employ- ment at the passing of this Act shall be deemed to have been duly appointed or employed, and shall continue in their respective offices or employments accordingly, without any further or other appointment or engagement under the Principal Act as amended by this Act. * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et seq. t 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et seq.

1943. BANKING. Go-ordination of R1tral Advances, Etc., Act. 15 The Secretary shall, notwithstanding the repeal of subsection two of section nine of the Principal Act, continue to have and exercise the powers and functions conferred upon him by the said subsection until the date upon which a General Manager is first appointed under the Principal Act as amended by this Act. 15. The following section, numbered 9A, is inserted ~ ew s'd 9A after section nine of the Principal Act, namely :_ mserte . " [9A.] (1.) Every department of the Public Service, Co-operation every Crown corporat I·On or I . llS t rument al I 'ty, or bSytao te ther corporation or instrumentality representing the Crown, Depart- every Local Authority and every local body within the ments, &c. meaning of *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," shall, subject to approval by the Minister and agreement in that behalf between the Minister as defined in this Act and the other Minister of the Crown, if any, for the time being administering such other department, corporation, instrumentality, or local body, co-operate with the Bank and the Board in the carrying out of this Act. (2.) Without limit to the generality of the preceding provisions of this section, the Bank and the Board shall, subject to ministerial approval and agreement as hereinbefore mentioned in this section, have power and authority to consult with and use the services in his official capacity of any officer of any department, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, Local Authority or local body for the purposes of any act, matter, or thing arising out of or in connection with the purposes of this Act. (3.) Subject to ministerial approval and agreement as hereinbefore mentioned in this section, every officer of any department of the Public Service, Crown corporation or instrumentality, or corporation or instrumentality representing the Crown, Local Authority or local body shall make himself available for consultation or service as required by the Bank or the Board for the purposes of any act, matter, or thing arising out of or in connection with this Act, including the furnishing by such officer of statistical, technical, financial, or other infOIination in the possession of or available to or obtain- * 14 G. 5. No. 8 and amending Acts. See v. 5, p. 1073.

16 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, able by such officer in his official capacity and which in the opinion of the Bank or the Board is or may be material to or in respect of any such purpose. Repeal of 16. Section ten of the Principal Act is repealed r~ . d new s. and the following section is inserted in lieu thereof, namely;- Salaries, &c. " [10.] The salaries, wages or allowances of the G:o. ~ i~ ] General Manager, Secretary, and all other officers and 0. ,s. . employees of the Bank, and the fees (if any) allowed to members of the Board, and all administrative costs incurred in respect of the Bank and the Board shall be paid out of the Fund or otherwise as the Governor in Council may direct." Amendment 17. Section eleven of the Principal Act is amended ofs.l!' by repealing the word "Corporation" wherever such word appears and by inserting the word "Bank" in lieu of such repealed word in every such case. Amendment 18. The first paragraph of section twelve of the of s. 12. Principal Act (being all words therein commencing with the words "In respect of" and ending with the words "this Act ") is repealed. In the second paragraph of the said section twelve the words " Provided always " are repealed. The sidenote to the said section twelve is repealed and the following sidenote is inserted in lieu thereof, namely;- " Validation of certain advances." Amendment 19. In section thirteen of the Principal Act the of s. 13. word " Corporation " is repealed and the word " Bank " is inserted in lieu thereof. Repeal of 20. The heading appearing immediately prior to and new section fourteen of the Principal Act is repealed and ~~rO~~ ; S. 14. the following heading is inserted in lieu thereof, namely;- " Corporation of the Agricultural Bank Fund." Amendment 21. Section fourteen of the Principal Act is amended of s. 14. as follows ; - (a) In subsection one thereof the words" Corpora- tion of the Bureau of Rural Development" are repealed and the words " Agricultural Bank" are inserted in lieu thereof.

1943. BANKING. Co-ordinaJtion of Rural Advances, Etc., Act. 17 (b) In subsection three thereof the word" Corpora- tion," where such word twice appears, is repealed and, in each such case, the word " Bank" is inserted in lieu thereof. (c) In subsection four thereof the word "Corpora- tion " is repealed and the word "Bank" is inserted in lieu thereof. 22. Sections fifteen and sixteen of the Principal Amendmendt A C t are amended by repea1m· g the word " CorporatI· O·n "o1f6.ss. 15 an wherever such word appears and by inserting the word , Bank " in lieu of such repealed word in every such case. 23. The following heading and section are inserted New Part after section seventeen of the Principal Act, namely:- g~ ~ ! ~ r~ ! ' d. "PART IlL-ADVANCES UNDER CERTAIN OTHER ACTS. [ 17A.] (1.) On and from the date of the passing of Bank to ha:ve *" The Co-ordination of Rural Advances and Agricultural ~ ~ ~e: :e! ~~ e Bank Act Amendment Act of 1943 "- functions in respect of (a) The powers and functions of the Secretary for advances . N P e u t b ti l n i g c A L c a t nd o s f 1u9n2d7e, r" tt" " TThhee WWiirree aanndd WWiirree-- uonthdeerrAcecrttsa.m Netting Advances Act of 1933," and §" The Marsupial Proof Fencing Acts, 1898 to 1913 " ; and (b) The powers and functions of the Secretary for Public Lands in respect of advances to discharged soldiers under section eight of 11" The Discharged Soldiers' Settlement Acts, 1917 to 1938 " ; and (c) The powers and functions of the Governor in Council and/or the Corporation of the Treasurer of Queensland under ,-r" The Financial Arrangements and Development Aid Act of 1942" in respect of advances for rural development (including, but without limit to the generality of the term "rural develop- ment," the production of vegetables, cotton, * This Act. t 18 G. 5 No. 23. See v. 9, p. 1017. t 24 G. 5 No. 23. See v. 9, p. 1032. § 62 V. No. 16 and amending Acts. See v. 6, pp. 148 et 8eg. 11 7 G. 5. No 32 and amending Acts. See v. 5, pp. 323 e; seg. '11 6 G. 6 No. 26. See 1942 Sess .v., p. 5.

18 BANKING. Co-ordination of Rural A.dvances, Etc., A.ct. 7 GEO. VI. No. 40, tobacco, peanuts, fodder for conservation and other approved crops, or the purchase of plants, seeds and fertilisers) to any owner or occupier of farm land; and (d) The powers and functions of the Corporation of the Secretary for Agriculture and Stock as constituted by *" The Farmers' Assistance (Debts Adjustment) Acts, 1935 to 1938/' under such Act shall be and be deemed to be transferred to and vested in the Corporation of the Agricultural Bank and subject to the respective Act, every such power and function shall on and from the date first hereinbefore in this section mentioned be had and may be exercised by the said Bank. (2.) All mortgages, liens, securities, bonds, guarantees, agreements, contracts, deeds, documents, instruments and writings whatsoever relating to any real or personal property, or affecting any rights or interests therein, Qr giving any right or remedy to or against any person in respect of- (a) Any advance made by the Secretary for Public Lands under or pursuant to t" The Wire and Wire-Netting Act of 1927" or t" The Wire and Wire-Netting Act of 1933:> ; or (b) Any wire-netting or other appliances provided, or authorised to be obtained, by the Secretary for Public Lands under §" The Marsupial Proof Fencing Acts, 1898 to 1913 " ; or (c) Any advance made by the Secretary for Public Lands to a discharged soldier under section eight of 11" The Discharged Soldiers' Settlement Acts, 1917 to 1938" ; or (d) Any advance for rural development made by the Governor in Council or the Corporation of the Minister for Labour and Industry under the provisions of,-r" The Income (State Development) * 26 G. 5 No. 23 and amending Acts. See v. 7, p. 994. t 18 G. 5 No. 23. See v. 9, p. 1017. t 24 G. 5 No. 23. See v. 9, p. 1032. § 62 V. No. 16 and amending Act~ . See v. 6, pp. 148 et seq. 11 7 G. 5 No. 32 and amending Acts. See v. 5, pp. 323 et seq. ~ 2 G. 6 No. 22 and amending Acts. See 1938 Sess. v., p. 17112.

~- ~ - - ~- BANKING. - - - - -- - - - - - - - - - - - ~ - - - - - - - - - - - ~ - ~ - - - - - 1943. Co-ordination of Rural Advances, Etc., Act. Tax Acts, 1938 to 1942" or the Acts repealed by such Act, or made by the Governor in Council or the Corporation of the Treasurer of Queensland under *" The Financial Arrange- ments and Development Aid Act of 1942 " ; or (e) Assistance deemed to have been given under t" The Farmers' Assistance (Debts Adjustment) Acts, 1935 to 1938," by the Secretary for Agriculture and Stock as the Corporation of the Secretary for Agriculture and Stock constituted under that Act, and in which the name of the Secretary for Public Lands, or the Treasurer, or the Secretary for Agriculture and Stock, or the Secretary for Labour and Industry, or the Corporation of the Treasurer of Queensland, or the Corporation of the Secretary for Labour and Industry, or the Corporation of the Secretary for Agriculture and Stock appears, and which are in existence at the date of the passing of t" The Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943," and have not previously to the passing of such lastmentioned Act been released, discharged, conveyed, assigned, transferred or otherwise assured by the Minister or Corporation to whom or which the same belonged originally or at any time prior to such lastmentioned date, shall, on and from such lastmentioned date,. be read and construed as if the name of the Corporation of the Agricultural Bank appeared therein as on and from such date instead of the name of such Minister or Corporation, and shall operate and take effect accordingly. (3.) All actions, demands, caveats, notices, or other proceedings commenced, made, entered, or given by, or on behalf of; or against, or to any Minister or Corporation hereinbefore in this section mentioned previously to the date of passing of t" The Co-ordination of Rural Advances and Agricultural Bank Act Amendment Act of 1943," may be prosecuted, acted upon, or otherwise dealt with by and in the name of or against the Oorpora- tion of the Agricultural Bank, as if such actions, demands, caveats, notices and proceedings had been commenced, made, entered, given by, to or on behalf * 6 G. 6 No. 26. See 1942 Sess v., p. 5. t 26 G. 5 No. 23 and amending Acts. See v. 7, p. 994. :t This Act. 19

20 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, of, or against such Bank, and the benefit or burden of any decree, judgment, order, verdict, award, demand, caveat, notice or proceeding to which any such Minister or Corporation was entitled or subject at such last- mentioned date shall enure to or be binding upon such Bank accordingly as from such date." Repeal of and new heading prior to s. 18. 24. The heading "PART IIl.-ADVANCES TO CO-OPERATIVE COMPANIES" appearing immediately prior to section eighteen of the Principal Act is repealed and the following heading is inserted in lieu thereof, namely :- " PART IV.-ADVANCES TO CO-OPERATIVE COMPANIES." Ao 2 f 2 m . ss e . n 1 d 9 mteont of th 2 e 5 P . riSneccitpioalnsAncitnaerteeeanmtoentwdeedntbyy- twreop, eablointhg itnhceluwsiovred, " Corporation" wherever such word appears and by inserting the word " Bank " in lieu of such repealed word in every such case. Repeal of and new heading prior to s. 23. 26. The heading" PART IV.-ADVANCES TO COM- MODITY BOARDS" appearing immediately prior to section twenty-three of the Principal Act is repealed and the following heading is inserted in lieu thereof, namely :- " PART V.-ADVANCES TO COMMODITY BOARDS." Amendment 27~ Section twenty-three of the Principal Act is of s. 23. amended by repealing the word" Corporation" wherever such word appears therein and by inserting the word " Bank " in lieu of such repealed word in every such case. Repeal of and new heading prior to s.24. 28. The heading "PART V.-ADVANCES TO FARMERS AND OTHERS" appearing immediately prior to section twenty-four of the Principal Act is repealed and the following heading is inserted in lieu thereof, namely:- " PART VI.-ADVANCES TO FARMERS AND OTHERS." Amendment 29. Sections twenty-four and twenty-five of the of ss. 24 and Principal Act are amended by repealing the word " Cor- 25. porat·Ion " wherever such word appears andybms·er'tmg the word " Bank " in lieu of such repealed word in every such case.

BANKING. 21 1943. Oo-orcUnation of Rural Advances, Etc., Act. . _ - - - - - - - - - - - . - - . - . - . - - .. - ~ - 30. Section twenty-six of the Principal Act is Amenchnent amended by repealing the words " this part of this Actor B. 26. exceed one thousand eight hundred pounds" and by inserting the words " this Part and Part VII. of this Act exceed in the aggregate five thousand pounds" in lieu of such repealed words. 31. Section twenty-seven of the Principal Act is Amendment amended as follows:- OfB.27. (a) The following paragraph, lettered (f), is inserted after paragraph (e) of subsection one thereof, namely:- "(j) Developmental or experimental work approved by the Board" ; (b) Paragraph (f) of subsection one thereof is relettered (g) and is amended by repealing the words " four hundred" therein, and inserting the words" one thousand " in lieu of such repealed words. (c) The proviso to subsection one thereof is amended by repealing the letter and brackets "(f)" and by inserting in lieu thereof the letter and brackets" (g)." (d) In subsection three thereof the words "five hundred" are repealed, and the words "one thousand two hundred and fifty" are inserted in lieu thereof. (e) In the first paragraph of subsection four thereof the words" sections twenty-eight and twenty-nine" are repealed and the words "Part VII." are inserted in lieu of such repealed words; the word" Corporation," where such word twice appears, is repealed and, in each such case, the word "Bank" is inserted in lieu thereof; and the words "twenty years" are repealed and the words "thirty years" are inserted in lieu thereof. (f) In the second paragraph of subsection four thereof the word" Corporation," wherever such word appears, is repealed and, in every such case, the word " Bank" is inserted in lieu thereof; and the words " twenty-five years" are repealed and the words" thirty- five years" are inserted in lieu thereof.

22 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, Repeal of 32. Section twenty-eight of the Principal Act is B an .2 d 8. new repealed and the following heading and Bection are inserted in lieu thereof, namely ;- " PART VII.-SPECIAL ADVANCES IN AID OF PRIMARY PRODUCTION. AdVances to [28.] Subject to section twenty-six of this Act, t::Zers, the Bank may, upon the application of any owner or farmers, occupier of farm land, make advances to the applicant ~ ~ ~~rs. and for any of the objects mentioned in the first column of grazier.,. the table hereunder set forth, to an amount not exceeding the maximum amounts respectively mentioned in the second column thereof, that is to say;- Objects. Maximum Amount that may be Advanced. Purchase of dairy cattle .. Purchase of separator and other dairying plant Purchase of agricultural m.achineryand plant, including machinery and plant for fodder conservation Purchase of pigs Purchase of sheep Purchase of beef cattle for breeding and/or fattening purposes .. Purchase of farm horses .. Purchase of grass and fodder crop seed .. Purchase of pineapple and banana suckers and/or other seeds and plants for approved purposes £ 400 250 500 100 1,000 1,000 100 ·50 150 The Governor in Council may from time to time, by Order in Council, add to this table by including other objects therein and fixing, respectively, the maximum amount of advance for each such object; and the table in force for the time being as so added to shall be deemed to be the table referred to in this section. Repeal of 33. Section twenty-nine of the Principal Act is as.n2d9.new repealed, and the following section is inserted in· lieu thereof, namely;- foAofdrgvraponuwcrepinsogses Act, " t[h2e9B. ] a(n ' 1k.) mSauyb, jeucptontot h seeca } tpiopn ' lCtawtI . Oennty 0 - f siaxnyoof wtnheisr cro:psJf 1 or occupier of farm land, make advances, not exceeding ~ rr~ ~ cu~=~l in the aggregate five hundred pounds, to the applicant vporirtoidcuuclteu.ral foofr cthroepspuropfosaegroifcuplrteupraalr, inghosruticchulltaunrdal,forvetgheetagbrloew, inogr

BANKING. 1943. Co-ordination of RttraL Advances, Etc., Act. ------- viticultural produce upon such land, and for planting, fertilising, cultivating and harvesting such crops and, in respect of any agricultural crop grown for the purposes of producing fodder, for the conservation of (including the construction of storage for) fodder the produce of such crop. (2.) Notwithstanding any other provision of this Act in that behalf, the Bank may determine the conditions of repayment of any advance made under this section, including the period, if any, during which interest only shall be payable, the repayment of principal and interest by instalments, the time of payment of each such instalment and the amount thereof. (3.) Subject to the exceptions and modifications contained in this Act the provisions of *" The Mercantile Acts, 1867 to 1896" shall, except in respect of crops of sugar-cane, apply and extend to and in respect of advances made by the Bank under the authority of subsection one of this section, and the provisions of t" The Liens on Crops of Sugar Cane Acts, 1931 to 1933," shall, in respect of crops of sugar-cane, apply and extend to and in respect of all such advances." 23 34. The following section, numbered 29A, is inserted News. 29A after section twenty-nine of the Principal Act as inserted. previously inserted by this Act, namely ;- "[29A.] Subject to section twenty-six of this Act, Advances for the Bank may, upon the application of any owner or f;J~ ~~n~f occupier of farm land, make advances, not exceeding in the aggregate seven hundred and fifty pounds, to the applicant for the purchase and installation of plant, machinery and power and/or the construction of works for the purposes of irrigating such land." 35. The following sections, numbered 29B and 290, New ss. 29B are inserted after section 29A of the Principal Act as r! ~ r! ! J. previously inserted by this Act, namely;- "[29B.] (1.) Notwithstanding any other provision Security for of this Act, advances may be made by the Bank under : ~ ~ : ~ ~ ~ is - _____________________ Part VII. o( * 31 V. No. 36 and amending Acts. See v. 6, pp. 293 et seq. t 22 G 5 No. 37 and amending Acts. See v. 9, pp~ 266 et seq. this Act.

24 BANKING. Co-ordination of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, the provisions of this Part VII. of this Act on such one or more of the following securities as the Bank may require, namely, security- (i.) By way of mortgage over the land mentioned in the application or other lands; or (ii.) By way of mortgage (or covenant to give such mortgage) over any pigs, sheep, cattle, horses, or other live stock belonging to the applicant at the date of the application, or about to be acquired by the applicant on receipt of an advance, and the progeny thereof during the continuance of the security; or (iii.) By way of bill of sale (or covenant to give such bill of sale) over such machinery, implements, or chattels belonging to the applicant at the date of the application, or to be acquired by such applicant or belonging to or to be acquired by his surety as the Bank may require; or (iv.) By way of lien on wool; or (v.) By way of lien on crops of all kinds; or (vi.) By way of lien, or order, or assignment on any produce or the proceeds thereof, or of stock sold from the land; or (vii.) By way of floating charge, or charge on the uncalled capital of a company or association. (2.) Any such security shall be given by the applicant or any surety in the discretion of the Bank." Effect of "[290.] (1.) If any owner or occupier of farm land assignment. who has given an assignment on any produce of such land or the proceeds thereof to secure any advance made to such owner or occupier by the Bank diverts any of such produce from the person named in such assignment to some other person the Bank may notify such other person of the existence of such assignment, and of the amounts payable thereunder and the times at which such amounts are payable. Such notice shall require such other person to retain and pay to the Bank sufficient of the moneys from time to time payable by him to the owner or occupier concerned to meet the payments under such assignment and shall be legally binding upon such other person accordingly.

BANKING. 25 1943. Co-ordination of Rural Advances, Etc., Act. (2.) An ~ssignment as heretofore mentioned in subsection one of this section shall be legally binding on every person who supplies any produce referred to therein from the farm land mentioned in such assign- ment. (3.) Any person paying to the Bank in satisfaction of an assignment on the produce of any farm land, or the proceeds of such produce, any moneys payable to the owner or occupier of such farm land or to any other person whomsoever in respect of such produce shall be deemed to act under the authority of such owner or occupier and of all other persons concerned and is hereby indemnified accordingly." 36. The heading " PART VI.-MISCELLANEOUS" Repeal of :e. appearing immediately prior to section thirty of the ~ d Jew . Principal Act is repealed and the following heading ist: ~ . pnor inserted in lieu thereof, namely :- "PART VIII.-MISCELLANEOUS." 37. Sections thirty, thirty-one, thirty-four, and Amendments thirty-five of the Principal Act are amended by repealing ~ ~ S:~ :03:1 the word" Corporation" wherever such word appears, ' and by inserting the word "Bank" in lieu of such repealed word in every such case. 38. Section thirty-seven of the Principal Act is Amendment amended as follows :_ of B. 37. (a) The word" Corporation," wherever such word appears in subsections one to seven, both inclusive, thereof is repealed and the word "Bank" is inserted in lieu thereof in every such case. (b) In subsection eight thereof the words "Corporation under this Act" are repealed, and the word " Bank " is inserted in lieu thereof. (c) In subsection nine thereof the words " the word " Corporation" herein" are repealed and the words "in subsections one to seven, both inclusive, of this section the word" Bank," " are inserted in lieu thereof. (d) In subsection ten thereof the words" Corpora- tion under this Act " are repealed and the word " Bank " is inserted in lieu thereof.

26 BANKING. CO-Q1·dina-tion of Rural Advances, Etc., Act. 7 GEO. VI. No. 40, (e) In the last paragraph of subs.ection eleven thereof the words "Corporation under this Act" are repealed and the word " Bank " is inserted in lieu thereof. Amendment 39. (1.) Section thirty-eight of the Principal Act of s. 38. is amended as follows ;_ (a) The words "General Manager" are inserted before the word" Secretary" wherever such lastmentioned word appears in the first two paragraphs thereof. (b) The word "Board" where such word twice appears in the first paragraph thereof is repealed and the word "Bank" is inserted in lieu thereof in each such case. (c) The word" Corporation" in the first paragraph thereof is repealed and the word " Bank" is inserted in, lieu thereof. (d) The last paragraph thereof and the amendment made by such paragraph to *" The Auctioneers and Commission Agents Acts, 1922 to 1940," are repealed. (2.) Section two of" The Auctioneers and Commission Agents Acts, 1922 to 1940," is amended by inserting the following paragraph after paragraph (j) of subsection one thereof, namely :- " (j 1) Any sales made by or under the authority of the Corporation of the Agricultural Bank pursuant to t" The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1943." Amendment 40. Section thirty-nine of the Principal Act is of s. 39. amended by repealing the word " Corporation" wherever such word appears therein and by inserting the word " Bank" in lieu of such repealed word in every such case. New s. 39A 41. The following section, numbered 39A, is inserted inserted. after section thirty-nine of the Principal Act, namely:- Annual "[39A.] The General Manager shall, as soon as may Preaproliratmtoent. be after the last day of each financial year, submit to the Minister for transmission to Parliament, a report upon the administration by the Bank and the Board of this Act and the operations hereunder by the Bank during such financial year." - - - _ ... --- * 13 G. 5 No. 27 and amending Acts. See v. 1, pp. 431 et Beq. t This Act.

1943. BANKING. Co-ordination of Rural Advances, Etc., Act. 27 42. Section· forty-one of the Principal Act is Amendment amended by repealing the word" Corporation" wherever of s. 41. such word appears therein and by inserting the word " Bank" in lieu thereof in every such case. Act s 4 e 3 t o . uTt hine tchleaufsiresst coofluthmen SocfhthedeuTleabtloe ttohethiPsrsinecctiipoanl oAfmSecnhdemduelne. t are amended to the extent indicated opposite and relative to such clauses respectively in the second column of the said Table :- ---------------------------- Number of Clause. Extent of Amendment. ------------ ------------- 1 2,3 and 4 6 to 32, both inclusive The word "Corporation" wherever such word appears therein is repealed and the word " Bank " is inserted in lieu thereof in every such case. In addition, paragraph (f) of subclause one thereof is repealed. The word "Corporation" wherever such word appears therein is repealed and the word " Bank" is inserted in lieu thereof in every such case. The word "Corporation" wherever such word appears therein is repealed and the word" Bank" is inserted in lieu thereof. BRISBANE, CITY OF. See PART II.-IjOCAL AND PERSONAL ACTS. See PART II.-(IJOCAL AND PERSONAL ACTS) INDUSTRY (SOMERSET DAM). BUILDING SOCIETIES. See SOCIETIES. BUREAU OF INDUSTRY. See PART II.-(LoCAL AND PERSONAL ACTS) INDUSTRY (SOMERSET DAM.)