Co-ordination of Rural Advances and Agricultural Bank Acts and Other Acts Amendment Act of 1944 (8 Geo Vi No. 4) (Qld)
Case
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I PUBLIC ACTS OF THE PARLIAMENT OF QUEENSLAND" 8° AND 9° GEO. VI. ADVANCES, RURAL. See BANKING. AGRICULTURAL BANK. See BANKING. ANIMAL AND VEGETABLE PESTS. See LAND. APPRENTICES AND MINORS. See LABOUR. BANKING. Co-ordination of Rural Advances and Agricultural, Bank Acts and Other Acts Amendment Act of 1944. An Act to Amend "The Co-ordination of Rural 8 ~ ~ . 4, ~ . Advances and Agricultural Bank Acts, 1938 CO.O';;:ATIOlf to 1943," "The Wire and Wire-Netting ~ il= Advances Act of 1927," "The Wire andAGRIt~~ UBAL Wire-Netting Advances Act of 1933," "The ! ': n~t: lVIarsupial ProQf Fencing Acts, 1898 to A" lg: > ~ NT 1913," "The Financial Arrangements and 1944. Development Aid Act of 1942," and" The Discharged Soldiers' Settlement Acts, 1917 to 1938," each in certain particulars. [ASSENTED TO 23RD NOVEMBER, 1944.] 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:- PART I.-PRELIMINARY. p~r.riuiUY. 1 This Act may be cited as " The Oo-ordination of Shorf'title. Rural Advances and Agricultural Bank Acts and Other I Acts Amendment Act of 1944." A
2 PART 1.- PRELIMINARY. BANKING. Co-ordination of Rum 7 Advances, Etc., Act. 8 GEO. VI. No. 4, Parts of Act. 2. This Act is divided into Parts as follows : - PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF " THE CO-ORDINATION OF RURAL ADVANCES AND AGRICULTURAL BANK ACTS, 1938 TO 1943" ; PART IIl.-AMENDMENTS OF "THE WIRE AND WIRE-NETTING ADVANCES ACT OF 1927" ; PART IV.-AMENDMENTS OF "THE WIRE AND WIRE-NETTING ADVANCES ACT OF 1933 " ; PART V.-AMENDMENTS OF "THE MARSUPIAL PROOF FENCING ACTS, 1898 TO 1913" ; PART VI.-AMENDMENTS OF "THE FINANCIAL ARRANGEMENTS AND DEVELOPM;ENT AID ACT OF 1942." PART VIl.-AMENDMENTS OF "THE DISCHARGED SOLDIERS' SETTLEMENT ACTS, 1917 TO 1938." PART II.- PART VIlI.-GENERAL. AMENDMENTS 01' "THE CO-ORDINATION 11 AODFVRAUNRCEASL PART R .-AMENDMENTS OF "THE CO-ORDINATION OF AND URAL ADVANCES AND AGRICULTURAL BANK ACTS, ABGARNICKULATCUTRSA, L 1938 T O 1943 . " 1938 TO 1943." Construction 3. This Part of this Act shall be read as one with aonf dPart II. *" The Co-ordination O 'J f Rural Advances and An 11 ricultural collective Bank Acts, 1938 to 1943," and that Act and this Part may title. be collectively cited as "The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1944." Amendment 4. Section 17A of * "The Oo-ordination of Rural ofs.17A. Advances and Agricultural Bank Acts, 1938 to 1943," is amended as follows:- (a) In paragraph (a) of subsection one thereof the word "Advances" is inserted before the words and figures" Act of 1927." (b) In paragraph (a) of subsection two thereof the word "Advances" is inserted before the words "Act of 1927," and also before the w~ rds " Act of 1933," (c) In subsection two thereof the words "or the Corporation of the Secretary for Public Lands" are inserted after the words "the Corporation of the Treasurer of Queensland," where such lastmentioned words last appear. * 14 G. 5 No. 41 and amending Acts, consolidated 1943 Sess. v., p. 163.
BANKING. 3 PART II.- 1944. Co-ordination of Ru,ral Advances, Etc., Act. AMENDMENTS OF .. THE _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CO~ ~R: K~ ON (d) The following subsections are added thereto, AD: : ~ CES namely :- 1f~ iUl~ ~ L 1938 TO 1943." " (4.) Except as provided in this subsection, the provisions of this section shall not apply to or in respect of any power to forfeit land to the Crown conferred upon the Secretary for Public Lands by any Act hereinbefore in this section mentioned. Every such power to forfeit land to the Crown shall, subject to the Act by which it is conferred, continue to be vested in the Secretary for Public Lands to the extent to which it would have remained so vested if this section had not been passed : Provided that the Bank may recommend to the Secretary for Public Lands the forfeiture to the Crown of any land liable to be so forfeited by him under or pursuant to any Act hereinbefore in this section mentioned. (5.) Where an application under section one hundred and seventy-one of * " The Land Acts, 1910 to 1943," relates to any fence in respect of which or any materials of which any amount of an advance or loan made under any Act hereinbefore in this section referred to is out- standing, the Bank shall have and may exercise the .powers conferred upon the Secretary for Public Lands under subsection eight of the said section one hundred and seventy-one, and application by or on behalf of the :Bank may be made to the Land Court accordingly." 5. The following paragraph is inserted after the Ame~ ~ ment first paragraph of section twenty-three of t" The ofs. . Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1943," namely:- " Notwithstanding anything in any Act hereinafter in this paragraph mentioned or in this Act or in any ,other Act or law to the contrary contained, the Bank may, on the recommendation of the Board, make from time to time advances to- (i.) The Committee of Direction constituted under t "The Fruit Marketing Organisation Acts, 1923 to 1941"; or (ii.) The State Wheat Board constituted under § " The Wheat Pool Acts, 1920 to 1930 " ; or * 1 G. 5 No. 15 and amending Acts, v. 5, p. 15 et seq. t 14 G. 5 No. 41 and amending Acts, consolidated 1943 Sess. v., p. 163. t 14 G. 5 No. 39 and amending Acts, v. 7, p. 870. § 11 G. 5 No. 4 and amending Acts, v. 1, p. 257.
4 BANKING. PART 1I.- Al O IB F N " D T lI H lIN E TS Co-ordinafim/' of Rum! Advances, Etc., Act. 8 GEO. VI. No. 4, CO~~~=ON _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--,--_ _ _ __ ADVANCES AND AGBlCUloTURAL BANK ACTS, 1938 TO 1943." (iii.) The Brisbane Milk Board or any other Milk Boardconstitutedunder *"The Milk Supply Act of 1938" (or any Board constituted under any Act amending or in substitution for such Act), and any reference in any other provision of this Act to a Commodity Board shall be deemed to include the said Committee of Direction, State Wheat Board, Brisbane Milk Board, and any other Milk Board." New s. 29AA 6. The following section, numbered 29AA, is inserted inserted. after section 29A oft"The Co-ordination ofRural Advances and Agricultural Bank Acts, 1938 to 1943," namely:- ~ dvances "[29AA.] Subject to section twenty-six ofthis Act, the mmarcehsipneecrtyof Ba nk may, upon the applicatI' on 0 f any person wh 0, b y for farm contract with the respective owners or occupiers thereof, ~ ! ~ ~t engages, or is about to engage, in the construction of works for providing or conserving water on farm lands or in the work of preparing farm lands for the growing of crops of agricultural, horticultural, vegetable, or viticultural produce or for the planting, fertilising, cultivating and harvesting such crops, or, in respect of any agricultural crop grown for the purpose of producing fodder, for the conservation of (excepting the construction of storage for) fodder the produce of any such crop, make advances (not exceeding two thirds of the value of the plant and/or machinery proposed to be purchased and not exceeding in the aggregate two thousand pounds) to the applicant for the purchase of plant and machinery for the purposes of such work notwithstanding that the applicant is not the owner or occupier of farm land." Amendment 7. The Schedule to t" The Co-ordination of Rural oSfchthedeule to Advances and Agricultural Bank Acts, 1938 to 1943," is 14 Geo. V. amended as follows : - No. 41. (i.) The following sub-clauses are added to clause fifteen of the said Schedule, namely :- "(3.) On and from the first day of July, one thousand nine hundred and forty-four, interest shall be adjusted monthly on the last day of each and every calendar month and for the purpose of such adjustment interest shall be calculated upon the amount of the advance outstanding as at the expiration of the fifteenth day of the calendar month ~ question except- (i.) That any advance or instalment of an advance made during any calendar month shall be taken into account as carrying interest from the date when such advance or insta.lment of an advance is made; and * 2 G. 6 No. 27. 1938 Sess. v., p. 17201. t 14 G. 5 No. 41 and amending Acts, consolidated 1943 Sess. v., p. 163.
BANKING. 5 PART ll.- 1944. Co-ordination of Ruml Advances, Etc" Act. ~ N.~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ cO~ ~ Ri= ON (ii.) That, subject to the borrower having duly paid all moneys AD~CES pt haaynabtelen bpyouh n i d m s) t 0 of tahneaBdvaannkc, earneypaat· md soouonnter( boerincgomnportl. slm. esgs 1 A 9 BG 3AR8 NIC T K O ULA 1TC9 UT 4 RS 3 A, ." L the excess in a larger instalment than is in this Act or in any security provided or contained (and such repayment or the excess in such instalment not being appropriated with the consent of the Bank to payment in whole or in part of any instalment or instalments to become due .and payable at any future time or times) shall be taken into account as carrying interest to the date when such amount is repaid, or such excess was paid, as the case may be. (4.) Interest as prescribed shall continue to be payable upon the advance (or upon so much thereof as shall from time to time be owing) until the whole of the advance has been repaid and if, on and from the thirtieth day of June, one thousand nine hundred and forty-four, such interest or any part thereof shall not be paid before the expiration of fifteeu days after the prescribed time such interest shall (but without prejudice to the powers and remedies conferred upon the Bank by, under or pursuant to this Act or any mortgage or other security in respect of the advance concerned) be added to the amount of the advance outstanding and carry interest as if such addition were a further advancp." (ii.) In paragraph (i.) of sub-clause (1) of clause twenty-nine of the said Schedule all words from and including the words "with the addition of a sum " to and including the words " the borrower" (being the last two words of the said paragraph (i.)) are repealed and the words "with the addition, for the period of such default, of interest upon so much of such sum as consists of principal, and of the amount of interest payable upon so much of such sum as consists of interest which, pursuant to the provisions of this Act, has been added to the amount of the advance outstanding and carries interest as if such addition were a further advance, but unless the whole of the sum including such addition is paid within the said ninety days the Bank may exercise and enforce all or any of the powers and remedies so conferred upon the Bank" are inserted in lieu of such repealed words. PART IIl.-AMENDMENTS OF "THE WIRE AND NETTING ADVANCES ACT OF 1927." PART Ill.- AMEND!tIENTS OF .. TIIli WIRE- W1" ~ = NG ADVANCES ACT OF 1927." 8 This Part of this Act shall be read as one with Construction *" Th; Wire and Wire-Netting Advances Acto! 1927," and~ ~ : art ~ II. that Act and this Part may be collectively cited as " The collective Wire and Wire-Netting Advances Acts, 1927 to 1944." title. * 18 G. 5 No. 23, v. 9, p. 1017.
6 BANKING. PART III.- A~ ~ NP' ~ ~ ~ TS Co-ordiootion of Rural Advances, Etc., Act. 8 GEO. VI. No. 4, WIRE AND WIRE-NETTING - - - - - - - - - - - - - - - - - - - - - - - - AC~ D6: Nf~ ~ 7. " 9. Section nine of *" The Wire and Wire-Netting AmendmentsAdvances Act of 1927" is amended as follows:- 1~ ~ ; o~ ~ . (i.) The following paragraph is added to subsection No. 23. one thereof, namely : - "(c) Notwithstanding paragraph (b) of this sub- section, interest on the amount of such loan (whether made before or after the passing of t" The Co-ordination of Rural Advances and Agric1lltural Bank Acts and Other Acts Amendment Act of 1944") on and after the first day of July, one thousand nine hundred and forty-four, at the rate of four pounds per centum per annum and the amount of any half-yearly instalment payable in respect ofany loan made before the passing ofsuch last- mentioned Act shall be reduced to the extent necessary to give effect to this paragraph." (ii.) The following paragraph is added to subsection two thereof, namely :- "Provided that the pro\-isions of this subsection shall be deemed to be modified and the amount of any half-yearly instalment of principal and interest payable under this subsection shall be reduced to the extent necessary to give effect to paragraph (c) of subsection one of this section." (iii.) The following subsections are added thereto, namely:- "(4.) On and from the first day of July, one thousand nine hundred and forty-four, interest shall be adjusted monthly on the last day of each and every calendar month and for the purpose of such adjustment interest shall be calculated upon the amount of the loan owing as at the expiration of the fifteenth day of the calendar month in question, except- (i.) That any loan or addition to a loan made during any calendar month shall be taken into account as carrying interest from the date when such loan or addition is made; and (ii.) That, subject to the settler having paid all moneys payable by him to the Minister, any amount (being not less than ten pounds) of a loan repaid sooner or comprising * 18 G. 5 No. 23, v. 9, p. 1017. t This Act.
BANKING. 7 1944. COLord~ nation o{ Rural Advances, Etc., Act. PART 111.- i A~ N. ~ ~ : ~ WIRE AND WIRE-NETTING the excess in a larger instalment than Ac~ D6: Nf~ :7. " is provided for or contained in this Act or in any security (and such repayment or the excess in such instalment not being appro- priated with the consent of the Minister to payment in whole or in part of any instalment or instalments to become due and payable at any future time or times) shall be taken into account as carrying interest to the date when such amount is repaid, or such excess is paid, as the case may be. (5.) Interest as prescribed under and pursuant to this Act shall continue to be payable upon the loan (or upon so much thereof as shall from time to time be owing) until the whole of the loan has been repaid and if, on and from the thirtieth day of June, one thousand nine hundred and forty-four, such interest or any part thereof shall not be paid before the expiration of fifteen days after the due date for payment thereof, such interest shall (but without prejudice to the powers and remedies conferred upon the Minister by, under, or pursuant to this Act or any mortgage or other security in respect of the loan concerned) be added to the amount of the loan outstanding and carry interest as if such addition were a further advance." Amendment 10. Clause two of the Second Schedule to *" The ofthe Second Wire and Wire-Netting Advances Act of 1927" is S18chGeedou.leVt.o repealed. No. 23. PART IV.- AMENDMENTS PART IV.-AMENDMENTS OF "THE WIRE AND WIRE- $iR; ~~ NETTING ADVANCES ACT OF 1933." wl::f:cT:;NG 0: 11. This Part of this Act shall be read as one with ~ CT 19: ~ . " t" The Wire and Wire-Netting Advances Act of 1933," and ofo~ ~ ~u; ~~ n that Act and this Part may be collectively cited as " The anl~ . Wire and Wire-Netting Advances Acts, 1933 to 1944." ~ ~ l: . ctlve 12 Section nine of t" The Wire and Wire-Netting Amendment Advances Act of 1933 " is amended as follows : - ~ ~ sG;o~ ~. (i.) The following paragraph is added to subsection No. 23. one thereof, namely :- " Notwithstanding the foregoing provisions of this subsection, interest on the amount of such loan (whether made before or a!ter the passing of t" The Co-ordination * 18 G. 5 No. 23, v. 9, p. 1017. t 24 G. 5 No. 23, v. 9, p. 1032. ~ This Act.
8 BANKING. PART IV.- ~ 1I~ ~ 1! Co-ordioo,tion of Rural Advances, Etc., Act. 8 GEO. VI. No. 4, WIIUII AND WIBB-NBTTlNG - - - - - - - - - - - - - - - - - - - - - - - AO:nri:Ni':s." of Rural Advances and Agricultural Bank Acts and Other Acts Amendment Act of 1944") on and after the first day of July, one thousand nine hundred and forty-four, shall be payable at the rate of four pounds per centum per annum, and the amount of any half-yearly instalment of principal and interest payable in respect of any loan made before the passing of such lastmentioned Act shall be reduced to the extent necessary to give effect to this paragraph." . (ii.) The following proviso is added to paragraph (ii.) of subsection two thereof, namely : - "Provided that the provisions of this subsection shall be deemed to be modified and the sum to be ascertained in accordance with sub-paragraphs (a) to (f), both inclusive, of paragraph (ii.) of this subsection shall be reduced to the extent necessary to give effect to the second paragraph of subsection one of this section." (iii.) The following subsections are added thereto, namely:- "(3.) On and from the first day ofJuly, one thousand nine hundred and forty-four, interest shall be adjusted monthly on the last day of each and every calendar month, and for the purpose of such adjustment interest shall be calculated upon the amount of the loan owing as at the expiration of the fifteenth day of the calendar month in question, except- (i.) That any loan or addition to a loan made during any calendar month shall be taken into account as carrying interest from the date when such loan or addition is made; and (ii.) That, subject to the settler having duly paid all moneys payable by him to the Minister, any amount (being not less than ten pounds) of a loan repaid sooner or com- prising the excess in a larger instalment than is provided for or contained in this Act or in any security (and such repayment or the excess in such instalment not being appropriated with the consent of the Minister to payment in whole or in part of any instal- ment or instalments to become due and payable at any future time or times) shall be taken into account as carrying interest to the date when such amount is repaid, or such' excess is paid, as the case may be.
BANKING. 9 PART IV.- 1944 . C a-ordination of Ru,ral Advances, Etc" A et. AMBNDMBNTS OF" THB WIRB AND WIRE-NETTING • ADVANCES (4.) Interest as prescribed shall contmue to be payable ACT of 1933." upon the loan (or upon so much thereof as shall from time to time be owing) until the whole of the loan has been repaid and if, on and from the thirtieth day of June, one thousand nine hundred and forty-four, such interest or any part thereof shall not be paid before the expiration of fifteen days after the due date for payment thereof, such interest shall (but without prejudice to the powers and remedies conferred upon the Minister by, under or pursuant to this Act or any mortgage or other security in respect of the loan concerned) be added to the amount of the loan outstanding and carry interest as if such addition were a further advance." 13. The following paragraph is added to subsection ~ me~ ~ ( ; ) t two of section fifteen of *" The Wire and Wire-Netting ~f~4 Geo. v. Advances Act of 1933," namely;- No. 23. "Provided that, notwithstanding the foregoing provisions of this subsection, interest on any amount added (whether before or after the passing of t " The . Go-ordination of Rural Advances and Agricultural Bank Acts and Other Acts Amendment Act of 1944,") pursuant to this subsection to the amount secured by the mortgage over the holding shall, on and after the first day of July, one thousand nine hundred and forty-four, be at the rate of four pounds per centum per annum." 14. Clause three of the Schedule to *" The Wire Amendment and Wire-Netting Advances Act of 1933 " is repealed. S~~ ~ ;ule to 24 Geo. v. No. 23. PART V.-AMENDMENTS OF "THE MARSUPIAL FENCING ACTS, 1898 TO 1913." PART V.- AMENDMENTS OF "THE PROOF M~ o~ iAL 18~~ cX: OG ~~ ~~I 15 This Part of this Act shall be read as one with Construction t" The Marsupial Proof Fencing Acts, 1898 to 1913," and ~ ~rart v. that Act and this Part may be collectively cited as " The c?llective Marsupial Proof Fencing Acts, 1898 to 1944." tItle. * 24 G. 5 No. 23, v. 9, p. 1032. t This Act. ~ 62 V. No. 16, v. 6, p. 148; 4 G. 5 No. 15, v. 6, p. 153.
10 BANKING. PART V.- A~ : NR~ ~ ~ r Co-o'l"dination of Rural Advances, Etc., Act. 8 GEO. VI. No. 4, MARSUPIAL PROOF r: ~ cr: ~ lti: ' ~ 1 16. Section eleven of *" The Marsupial Proof Reseal of Fencing Act of 1898" is repealed, and the following ~ 6~ V: c~ ' II section is inserted in lieu thereof, namely : - No.16. Con-. " [11.] If the owner of any holding, which is held ~ f, ue~ c~ s of under license or lease from the Crown, makes default in ~ ~ ~ l I1l respect of any annual payment secured by any charge pltyments. thereon executed under the provisions of this Act, the license or lease shall be forfeited. But the forfeiture may be defeated by payment of such annual payment within ninety days from the date appointed for the payment thereof with the addition for the period of such default of interest upon so much of such payment as consists of principal and of the amount of interest payable'upon so much of such payment as consists of interest which, pursuant to the provisions of t" The Marsupial Proof Fencing Act Amendment Act of 1913," has been added to the amount secured by the mortgage or charge outstanding and carries interest as if such addition were a further amount owing, but unless the whole of such payment including such addition is paid within the said ninety days from the appointed day, the holding shall be absolutely forfeited: Provided that, notwithstanding such forfeiture, the Minister may waive the same and reinstate the owner upon payment of the annual payment due at the date of forfeiture and the accrued interest." Amendment 1 7. The following section is inserted after section Jfo~ l~ ~ o. v. three of t" The Marsupial ProofFencing Act Amendment Act of 1913," namely:- Interest to be adjusted monthly. "[4.] (1.) On and from the first day of July, one thousand nine hundred and forty-four, interest shall be adjusted monthly on the last day of each and every calendar month and for the purposes of such adjustment i;nterest shall be calculated upon the amount secured by the mortgage or charge executed under this Act owing as at the expiration of the fifteenth day of the calendar month in question, except- (i.) That any amount or addition to an amount which becomes owing during any month shall be taken into account as carrying interest from the date when such amount or addition becomes owing; and * 62 V. No. 16, v. 6, p. 148. t 4 G. 5 No. 15, v. 6, p. 153.
BANKING. 11 ---------- -------.----- PART V.- 1944. COl-ordination of Rural Advances, Etc., Act. AMENDMENTS OF "THE MARSuPIAL PROOF ( ~ . ~ . . ) That, subJ· ect to t he owner 0 f a h 0 Id· mg h avm. g F 1 E 89 N 8 CI T N O (l 1 A 9 C 1 T 3 S ." , paid all moneys payable by him to the Minister, any payment made sooner or com- prising the excess in a larger instalment than is, in the case of such owner, provided for or contained in *" The Marsupial Proof Fencing Acts, 1898 to 1944," or in any security (and such payment or the excess in such instalment not being appropriated with the consent of the Minister to payment in whole or in part of any instalment or instalments to become due and payable at any future time or times) shall be taken into account as carrying interest to the date when such payment is made, or such excess is paid, as the case may be. . (2.) Interest as prescribed under *" The Marsupial Proof Fencing Acts, 1898 to 1944," shall continue to be payable by every owner of a holding upon the amount owing (or upon so much thereof as shall from time to time be owing) until the whole of such amount has been repaid and if, on and from the thirtieth day of June, one thousand nine hundred and forty-four, such interest or any part thereof shall not be paid before the expiration of fifteen days after the due date for payment thereof, such interest shall (but without prejudice to the powers and remedies conferred upon the Minister by, under or pursuant to t" The Marsupial Proof Fencing Acts, 1898 to 1913," or any mortgage, charge or other security in respect of the amount owing) be added to the principal and carry interest as if such addition were a further amount owing." 18. The following section is inserted after section Amendment four of t" The Marsupial Proof Fencing Act Amendment ~/ ~ ~ o. v. Act of 1913," as previously inserted by this Act, namely :- "[5.] The rate of interest payable on and after the ~ ate of first day of July, one thousand nine hundred and forty- mterest. four, upon the amount of the cost of any wire-netting or other appliances secured by a mortgage or charge executed (whether before or after the passing of §" The * 62 V. No. 16; 4 G. 5 No. 15, v. 6, pp. 148 and 153 and this Act. t 62 V. No. 16 and 4 G. 5 No. 15, v. 6, pp. 148 and 153. t 4 G. 5 No. 15, v. 6, p. 153. § This Act.
12 BANKING. PART V.- A~ ~ ~ ¥ : T8 Co-ordination O'f Rural Advanoes, Etc., Ad. 8 GEO. VI. No. 4, MARSUPIAL PROOF 1F8 B 9 N 8 OI T N O G 1 A 9 C 13 TS ." , 0 O-Cff d ~ ' nat . wn O . J f R ural Ad1Jances and A gn . cultural B ank Acts and Other Acts Amendment Act of 1944") under the provisions of *" The Marsupial Proof Fencing Acts, 1898 to 1944," shall be four pounds per centum per annum, and the provisions of subsection one of section three ofthis Act and of section eight of t"The Marsupial Proof Fencing Act of 1898 " shall be deemed to be modified accordingly." PART VI.-- ADNDllENTS 011 "To FINANCIAL ARRANGE- DI M W E B N L T O S PH A E N N D T PART VI.-AMENDMENTS OF "THE FINANCIAL ARRANGE- AID ACT 01' 194%." MENTS AND DEVELOPMENT AID ACT OF 1942." Construction 19. This Part of this Act shall be read as one with o an f d Part VI. t" The Financial Arrangements and Development Aid collective Act of 1942," and that Act and this Part may be title. collectively cited as " The Financial Arrangements and Development Aid Acts, 1942 to 1944." Amendments 20. The following subsection is added to section o6fGs. eo1. 8VoIf. eighteen of + + " The Financial Arrangements and Develop- No. 26. ment Aid Act of 1942," namely:- "(6.) (a) On and from the first day of July, one thousand nine hundred and forty-four, interest payable in respect of any loan for rural development made under or pursuant to this section or the provisions of §" The Income (State Development) Tax Acts, 1938 to 1942," repealed by this Act, or the provisions of any Act repealed by such lastmentioned Act, shall be adjusted monthly on the last day of each and every calendar month and for the purpose of such adjustment, interest shall be calculated upon the amount of the loan owing as at the expiration of the fifteenth day of the calendar month in question, except- . (i.) That any loan or addition to a loan made during any calendar month shall be taken into account as carrying interest from the date when such loan or addition is made; and v. * 62 No. 16; 4 G. 5 No. 15, v. 6, pp. 148 and 153 and this Act. t 62 V. No. 16, v. 6, p. 148. t 6 G. 6 No. 26, 1942-3 Sess. v., p. 5. § 2 G. 6 No. 22 and amending Acts, 1938 Sess. v., p. 17112.
1944. BANKING. 13 PAltT VI.- Co-ordina#on of Rum~ Advances, Etc., Act. A~ ~ N. ? ~ : TS FINANCIAL ARRANGE- ( ~ . ~ . . ) That, subJ' ect to t he borrower hav' mg du1y DX H V E E N L T O S P) A 1E N N D T made all payments payable by him in respect I~ 91~ ~ . OF of the loan, any amount (being not less than ten pounds) of a loan repaid sooner or com- prising the excess in a larger payment than duly required (and such amount or the excess in such payment not having been appropriated witp. the consent of the lender to payment in whole or in part of any amount to become due and payable in respeat of the loan by the borrower at any future time or times)_ shall be taken into account as carrying interest to the date when such amount or excess, as the case may be, is paid. (b) Interest at the rate payable in respect of any such loan shall continue to be payable upon the loan (or upon so much thereof as shall from time to time be owing) until the whole of the loan has been repaid and if, on and from the thirtieth day of June, one thousand nine hundred and forty-four, the interest payable or any part thereof shall not be paid before the expiration of fifteen days after the due date for payment thereof such interest shall (but without prejudice to the powers and remedies conferred upon the Treasurer of Queensland, the Corporation sole constituted by this Act by, under or pursuant to this Act, or any mortgage or other security in respect of the loan concerned) be added to the amount of the loan outstanding and carry interest as if such addition were a further advance. (c) Every Order in Council made by the Governor in Council under this section or so made under the provisions of *" The Income (State Development) Tax Acts 1938 to 1942," repealed by this Act and continued in force by this Act shall be read and construed and shall have operation and effect subject to paragraphs (a) and (b) of this subsection, except that any provision of any such Order in Council providing that a borrower who makes default in the payment of any sum payable by him in respect of his loan shall be liable to pay any additional sum by way of penalty shall cease to have operation and effect with respect to any such default made on or after the thirtieth day of June, one thousand nine hundred and forty-four." * 2 G. 6 No. 22 and amending Acts, 1938 Sess. v., p. 17112.
14 BANKING. PART VII.- A1 O IE F ND "T 1I H EN E TS Co-ordination of Ru,ral Advanoes, Etc., Act. DISCHARGED SOLDIERS' SETTLEMENT 19171. ~TSi938. " PART VII.-AMENDMENTS OF "THE 8 GEO. VI. No. 4, DISCHARGED SOLDIERS' SETTLEMENT ACTS, 1917 TO 1938." Construction of Part VII. 21. This Part of this Act shall be read as one with and *" The Discharged Soldiers' Settlement Acts, 1917 to 1938," ctiotllele.ctive and that Act and this Part may be collectively cited as " The Discharged Soldiers' Settlement Acts, 1917 to 1944." Amendment of s. 8 of 22. The following subsection is added to section 7 Geo. V. eight of *" The Discharged Soldiers' Settlement Acts, 1917 No. 32. to 1938," namely;- "(12.) (a) On and from the first day of July, one thousand nine hundred and forty-four, interest on any advance shall be adjusted monthly on the last day of each and every calendar month and for the purposes of such adjustment interest shall be calculated upon the amount of the advance outstanding as at the expiration of the fifteenth day of the calendar month in question, except- (i.) That any advance or instalment of an advance made during any calendar month shall be taken into account as carrying interest from the date when such advance or instalment of an advance is made; and (ii.) That, subject to the borrower having duly paid all moneys payable by him in respect of the advance, any amount (being not less than ten pounds) of an advance repaid sooner or comprising the excess in a larger instalment than is provided for or contained in this Act or in any security (and such repayment or the excess in such instalment not being appropriated with the consent of the Minister to payment in whole or in part of any instal- ment or instalments to become due and payable at any future time) shall be taken into account as carrying interest to the date when such amount is repaid, or such excess was paid, as the case may be. (b) Interest as prescribed by this Act· shall continue to be payable upon the advance (or upon so much thereof as shall from time to time be owing) until the whole of the advance has been repaid and if, on and from. the thirtieth day of June, one * 7 G. 5 No. 32 and amending Acts, v. 5, p. 323.
BANKING. 15 1944. Co-ordination of Rural Advances, Etc., Act. PART VII.- AMENDMENTS OF "THE DISCHARGED SOLDIERS' thousand nine hundred and forty-four, the prescribed SETl::,ENT.. interest or any part thereof shall not be paid before the 1917 TO 193';. expiration of fifteen days after the due date of payment thereof such interest shall (but without prejudice to the powers and remedies conferred upon the Minister by, under or pursuant to this Act or any mortgage or other security in respect of the advance concerned) be added to the amount of the advance outstanding as a further advance and carry interest accordingly." PART VIII.-GENERAL. PART VIII.- GENERAL. 23. All mortgages, liens, securities, charges, bonds,operati'lll of guarantees, agreements, contracts, deeds, documents, this Act. instruments and writings whatsoever relating to any real or personal property, or affecting any rights or interests therein, or giving any right or remedy to or against any person in respect of any advance or loan made prior to the passing of this Act under or pursuant to- (a) *" The CO-(Yf'dination of Rural Advances and Agricultural Bank Acts, 1938 to 1943"; or (b) t" The Wire and Wire-Netting Advances Act of 1927 "; or (c) t" The Wire and Wire-Netting Advances Act of 1933"; or (d) §" The Marsupial Proof Fencing Acts, 1898 to· 1913 "; or (e) Section eight of 11" The Discharged Soldiers' Settlement Acts, 1917 to 1938 "; or (f) In respect of rural development ~ " The Income (State Development) Tax Acts, 1938 to 1942," or the Acts repealed by such Act; or **" The Financial Arrangements and Development Aid Act of 1942 "; or which have not, previously to the passing of this Act, been released, discharged, conveyed, assigned, transferred or otherwise assured by the Bank or by the Minister or * 14 G. 5 No. 41 and amending Acts, consolidated 1943 Sess. v., p. 163. t 18 G. 5 No. 23, v. 9, p. 1017. t 24 G. 5 No. 23, v. 9, p. 1032. § 62 V.No. 16 and 4 G. 5 No. 15, v. 6, pp. 148 and 153. 11 7 G. 5 No. 32 and amending Acts, v. 5, p. 323. ,-r 2 G. 6 No. 22 and amending Acts, 1938 Sess. v., p. 17112. ** 6 G. 6 No. 26, 1942-3 Sess. v., p. 5.
16 BANKING-COMMONWEALTH AND STATES. PaT VllI.- GBNERAL Commonwealth and States, Etc., Variation Act. 8 GEO. VI. No. 17, Corporation to whom or which the same belonged originally or at any time prior to the passing of this Act shall, on and from the passing of this Act, be read and construed and operate and have effect subject to the amendments made by this Act to the Act under or pursuant to which the advance or loan was made, except that no such amendment shall affect or prejudice any liability of a borrower to pay, or any right or remedy had against any borrower in respect of his failure to pay, any sum in respect of which he made default prior to . the thirtieth day of June, one thousand nine hundred and forty-four, and/or any additional sum by way of penalty incurred in respect of any such default. BRISBANE, CITY OF. See LAND, VALUATION OF. See also PART n. COMMONWEALTH AND STATES. Commonwealth and States Financial Agreement Further VariationAct of 1944. 8 N G o II . O. 17 V . I . . An Act to Authorise, Approve, Ratify and Confirm. THE Oo1010N- an agreement between the Commonwealth WEALTH AND STATES FINANCIAL of Australia and the several States of AGREIDlENT FURTHER the Commonwealth further varying the VARIATION ACT OF 1944. Commonwealth and States Financial Agree- ment, and for other incidental purposes. [ASSENTED TO 8TH DECEMBER, 1944.] Preamble. Schedule. W HEREAS, subject to the authorisation and approval of the Parliaments of the Commonwealth and of the States an Agreement was made and entered into on the fifteenth day of November, one thousand nine hundred and forty-four, between the Commonwealth and the States further varying "The Commonwealth and States' Financial Agreement" (as hereinafter defined) and as varied by "the amending Agreements" (as hereinafter defined), a copy of which Agreement first abovementioned is set out in the Schedule to this Act:
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