Discharged Soldiers' Settlement Act of 1917 (7 Geo v No. 32) (Qld)

LAND, CROWN. 7 GEO. V. No. 32, 1917. Discharged Soldiers' Settlement 4ct. 7625 An Act to make Provision for the Settlement of 7 Geo. V. Discharged Soldiers on. Crown Lands, and N T o. aE 32. for other incidental purposes. (No. 2.) DISOHARGED SOLDIERS' SETl'LlIIlENT [ASSENTED TO 15TH FEBRUARY, 1917.] ACT 011' 1911. B E it enacted by the King's Most Excellent Majesty, byanrl 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. ThisAct may be cited as " The Disahar.qed Soldiers' Short title Settlement Aat of 1917," and shall be read as one with ~ StructiOD ot "The Land Aat 1910,"* herein referred to as the of Act. 'Principal Act. . 2 In this Act the term " discharged soldier" means ~ terpreta­ any person who has been a member of the Australian tiOD. Imperial .Forces or of any of the naval or military forces of the Commonwealth, raised for service in the present war, or has joined the naval or military forces of the United Kingdom of Great Britain and Ireland during the present war, and who has received an honourable discharge from servic~ . The term may be extended by the Governor in Council so as to include in any individual cast's or class of cases members of His Majesty's military or naval forces during the present war, whether from the said United Kingdom or any of His Majesty's Dominions, or any members of the military or naval forces of any of the Powers in alliance with His Majesty in and for the purposes of the present war, who have received their dis- . charge from service before their arrival in Queensland. The term does not 'include any person whose discharge from service during the present war was due to misconduct or incapacity resulting from his own default. The term" discharged soldier" is extended to include the dependants of any such soldier in the event of his death before he has received his discharge or at any time within a period of twelve months after he has received an honourable discharge from service; and the term " dependants" of such soldier means the widow or mother or sister or any child or ex-nuptial child of such soldier if * 1 Geo. V. No. 15, BUp'fa, page 1347.

7626 LAND, CROWN. Discharged Soldiers' Settlement Act. 7 GEO. V. No. 32, such person was at any time during the period of twelve months prior to the date of the soldier's enlistment wholly or in part dependent upon his earnings. Pow~ r to 3. (1.) Under and subject to the provisions of " The ' forq~ ~ =~ Public Works Land Resumption A.cts, 1906 to 1916,"* the of Act. Minister, with the approval of the Governor in Council, may from time to time acquire for the Crown, either by a,g-reement or compulsorily, any country land, town land, or suburban land in Queensland which may, in his opinion, be required for the purposes of this Act; and thereupon such land shall become and be available for the purposes of this Act. Payment of (2.) The price or compensation payable in respect of price. all land acquired by the Minister under this Act may, at the option of the Minister, be paid for by him in cash from the Consolidated Revenue }'und, or in cash the proceeds of the sale of debentures, or wholly or in part by the issue to the owner of debentures at par, and such owner shall accept the said debentures accordingly: Provided that debentures so issued to the owner shall not be negotiable for five years from the date of issue. Debentures. (3.) Subject to this Act, the Governor in Council may from time to time issue such debentures as may be necessary for the purposes of this Act. All such debentures shall be secured upon the Consolidated Hevenue Fund, and shall have such currency, not exceeding twenty years, and shall bear interest at four pounds ten shillings per centum per annum: 'Provided that the Governor in Council shall have the right to redeem any such debentures at any time upon giving three months' notice in writing to the holder thereof by post letter addressed to his last known place of abode or business. Alt~ ativ (4.) For the purposes of such debentures, the No. 35~ o •• Governor in Council shall have the like powers as are conferred on him by "The Government Loan Act of 1914,"t and that Act shall apply in all respects as if the deben- tures hereby authorised to be issued had been authori~ ed to be issued by that Act and had been expressly mentioned therein. ... 6 Edw. VII. No. 14 and 7 Geo. V. No. 6, printed as consolidated in Appendix K infra. t 5 Geo. V. No. 35, supra, page 6255.

LAND, CROWN. 7621 1917. Discharged Soldiers' Settlement Act~ 4. (1.) The Minister, with the approval of the Power to set Governor I.n C. ounCI' 1, may from t' lme t 0 tl' me, by not" I ficat' IOn f a o p r a P rt er l p a e n t d ual in the Gazptte, set apart any Crown land or land acquired Lease. for the purposes of this Act to be open for selection as SeleotIon. Perpetual Lease Selections by discharged soldiers. (2.) 'The notification opening such land for such selection shall state the capital value of the land, exclusive of the value of any improvements thereon. 5. The following provisions shall be applicable to Provisions every Perpetual Lease Selection applied for or held under ~ ~ ~ ~ ~ ~ ~ ~ t() this Act- (1) It shall not be necessary for a discharged soldier who applies for such selection to deposit with his application any amount or sum by way of rent or instalment of survey fee; but such application shall be accompanied by the applicant's military discharge or other evidence of his qualification as a discharged soldier; (2) During· the first three years of the term the annual j rpnt payable shall be a pepper-corn, if demanded; (3) After the expiration of the first three years of the term, the prescribed survey fee shall be paid in ten equal annual instalments; (4) From the fourth year to the fifteenth year (both inclusive) of the term, the annual rent shall be a sum equal to one pound ten, shillings per centum of the notified capital value; thereafter the annual rent shall be determined as pre- scribed by subsection three of section one hundred and four of the Principal Act: Provided that the M inister may remit wholly or in part and for such period or periods as he thinks fit any such rent, or may postpone for such time as he thinks fit the due date for the payment of any such rent; (5) The lease shall be subject to the condition of personal residence by the lessee during the whole term: Provided that, notwithstanding anything contained in the Principal Act- (a) After the expiration of the first .ten years of the term, the lessee shall not be debarred

1628 LAND, CROWN. Discharged Soldiers' Settlement Act. 7 GEO. V. No. 32, from mortgaging, transferring, or subletting his lease in accordance with the Principal Act; and (b) After the expiration of the first five years of the term, the lessee shall not be debarred from transferring his lease in accordance with the Principal Act to another qualified discharged soldier; Perpetual 1:'own and Suburban Leases. (6) Except as herein otherwise provided, every such selection shall be and be deemed to be a Per- petual Lease Selection under the Principal Act; and the provisions of section one hundred and four of the Principal Act (save as herein modified), and the provisions of the Principal Act in the said section referred to, shall apply to everv such selection. so far as the same are applicable. 6. (I.) The Minister, with the approval of the Governor in Council, may from time to time, by notifica- tion in the Gazette, cause any Crown land or land acquired for the pUrposes of this Act to be open for lease as Per- petual Town Leases or Perpetual Suburban Leases: Provided that such leases shall not be offered at auction, but shall be open to applicants in the same manner as Perpetual Lease Selections are so open, and the provisions of the Principal Act relating thereto shall apply accordingly. The only persons authorised or permitted to apply for such leases shall be discharged soldiers or their bona fide agents, and each application shall be accompanied by the military discharge of the applicant or other evidence of his qualification as a discharged soldier. (2.) Such notification shall state the capital value of the land, exclusive of the value of any improvements thereon. ! ~ ~ : : to 7. The following provisions shall be applicable to Perpetual every Perpetual Town Lease or Perpetual Suburban Lease ~ b! = applied for or held under this Act- Leasello (1) It shall not be necessary for a discharged soldier . who applies for such a lease to deposit any amount or sum by way of rent or instalment of survey fee; (2) During the first three years of the term the annual rent payable shall be a pepper-corn, if demanded;

LAND, CROWN. 1917. Discharged Soldiers' Settlement Act. ( ~ { ) After the expiration of the first three years of the term, the prescribed survey fee shall be paid in ten equal annual instalments; ( ~ ) From the fourth year to the fifteenth year (both inclusive) of the term, the annual rent shall be a sum equal to one pound ten shillings per centum of the notified capital value; thereafter the annual rent shall be determined as pre- scribed by subsection (iv.) of section one hundred and twenty-one of the Principal Act: Provided that the Minister may remit wholly or in part and for such period or periods as he thinks fit any such rent, or may postpone for such time as he thinks fit the due date for the payment of any such rent; (5) The lease shall be subject to the condition of personal residence hy the lessee during the whole term, and accordingly the provisions of sections pighty-six, eighty-seven, ninety-three, 9:1A, and one hundred and thirty-three of the Principal Act shall be applicable: Provided that, notwithstanding' anything contained in the Principal Act- (a) After the expiration of the first ten years of th~ term, the lessee shall not he debarred from mortgaging, transferring, or subletting his lease in accordance with the I>rincipal Act; and (b) After the expiration of the first five years of the term, the lessee shall not be debarred from transferring his lease in accordance with the Principal Act to another qualified discharged soldier; (6) Except as herein otherwise provided, every such lease shall be and be deemed to be a Perpetual Town Lease or Perpetual Suburban Lease, as the case may require, under the Principal Act; and the provisions of section one hundred and twenty-one of the Principal Act (save as herein modified), and the pro- visiuns of the Principal Act in the said section referred to, shall apply to every such lease so far as the same are applicable. 7629

7630 LAND, CROWN. Discharged Soldiers' Settlement Act. 7 GEO. V. No. 32, Advances to selectors. 8. Perpetual Lease Selections held ·by discliarged soldiers under this Act shall be deemed to be agricultural lands within the meaning of " The yueensland Govern- ment Savings B(mk Act of 19lf3."* The provisions of that Act shall apply to advances to discharged soldiers under this Act for the purpose of making improvements on such agricultural lands, and also for the purpose of erecting workers' dwellings, with the following modifications :- (i.) The maximum total amount that may be so advanced to any discharged soldier shall be five hundred pounds. Moreover, any sum expended by the State in clearing or effecting any permanent improvements on the land in question in anticipation of settlement shall be deemed to be an advance by the said Bank to the selector or purchaser and to be included in the maximum amount of five hundred pounds aforesaid, and the selector or pur- chaser shall execute in favour of the said Bank the necessary mortgage or other in- strument securing the repayment of the same, and the Commissioner of the said Bank shall account to the Treasurer for all repayments of the same, including interest thereon ; (ii.) The term of the advance shall be forty years, and, the advance shall be repayable with in- terest by instalments accordingly; (iii.) No inspection fees shall be cbarged or payable in respect to any application for any such advance; (iv.) The rate of interest on the amount advanced shall be as follows :- (a) In all cases where the land has not been acquired by the Ministpr under section three of this Act-during the first year, at the rate of three pounds ten shillings per centum; during the second year, at the rate of four l)ounds per centum; during each subsequent year, at an increased rate of ten shillings per centum on the rate charged in the last preceding year, until the rate of interest equals the actual ratA of interest (not being more than five pounds per centum) payable by the State in respect of • 7 Geo. V. No. 17, ,8upra, page 7406.

1917. LAND, CROWN. Discharged Soldiers' Settlement Act. 7631 the loan out of which such advance was made (after taking into consideration any additional Government stock necessarily created or issued in order to produce the actual amount of such loan and all costs, charges, and expenses connected with the raising of sucil loan), and, if such actual rate does exceed five pounds per celltum, then until the rate of five pounds per centum is reached; and thereafter shall continue at the same rate during the whole term of the advance; and (0) rn all c~ ses where the land has been acquired by the Minister under section three of this Act,at such rate during the whole term of the advance, not exceeding five pounds per centum per annum, as shall he fixed by the Minister, taking into consideration tlH~ rate of interest payable in respect of the deben- tures or other loan moneys out of "which the price or compensation for the land acquired 'was paid. 9. The benefits of the last preceding section, so far Advances to as relates to advances by the Commissioner of the Queens- ~ 7: c~~ ~ . land Government Savings Bank to selectors, may be extended by the said Commissioner to any person who at the passing of this Act holds, under lease or license from the Crown, a selection which is agricultural land within the meaning of "The Queensland Government Savings Bank Act of 1916,"* and who is either serving in His Majesty's naval or mmtary forces during the present war or a discharged soldier as herein defined. 10. Regulations may be made in manner provided by Regulations. the Principal Act for giving full effect to the objects and intentions of this Act, and section two hundred and nine of the Principal Act shall be applicable thereto in all respects. I!. Within thirty days after the meeting of Parlia- Rep?rt to ment in each year, a report shall be presented to both Parhament. Rouses of Parliament showing- (a) The locality and area of each block of land acquired under this Act, the name of the person from whom it was acquired, and the price paid for the same; * 7 Geo. v. No. 17, 8upra, page 7406.

7632 LAND, CROWN. . Discharged Soldiers' Settlement Act. 7 GEO. V. No. 32,1917. (b) The aggregate areas of land set apart respec- tively for Perpetual Lease Selection, Per- petual 'rown Lease, and Perpetual Suburban Lease under this Act;' (0) The number of applications received for such land, and the number and aggregate area or the leases issued and held under this Act; (d) Generally the condition and settlement of all land acquired and opened and taken up under this Act; (e) The aggregate amount advanced to discharged soldiers under this Act, and the aggregate amount of such advances still outstanding; .(I) Such other particulars as may be prescribed. Amendment 12. After subsection three of section sixt'v'-six of the of s. 66. Principal Act. the following subsection is inserted : - (3A.) Notwithstanding anything contained in this Act,. an application by any person who is absent from the State on service with any of His M.ajesty's Forces during a time of war may be made in the prescribed manner and signed by a parent, brother, sister, wife, or child, or duly appointed agent of such applicant. 13. After section ninety-three of the Principal Act,. the following section is inserted :- ~ w: r~ ? ~ [93A. ] (1.) The Minister may suspend the con- in eW8~ i:ne~ dition of personal residence or condition of occupation in respect of any selection during the absence of the selector while-engaged in active service with His Majesty's Forces during a time of war, and for a further period of .six months after his return from active service. During the period of any such suspension the prescribed condition shall be deemed to have been performed in the manner prescribed by law. (2.) During such absence the selector shall be relieved from the payment of any rent or instalment of survey fee which may accrue for the period of his absence. (3.) Notwithstanding anything in this Act, when a. selector has served with His Majesty's Forces during a. time of war, the term of his lease shall be deemed to be and shall be extended for a period equal in duration to the time during which such selector has served with such Forces.

LAND, CROWN.~ MEDICAL. 7 GEO. V. No 23,1916. Dental Act Amendm~ t Act. 7633 (4.) When the lease of an Agricultural Farm has been extended under the last preceding subsection, and the selector obtains a certificate under section one hundred of this Act, the payment to be made by him under Schedule IV. of this Act shall be adjusted by the Minister in con- formity with the extended term of the lease. 14. Notwithstanding anything contained in the Ratification Principal Act and its several amendments, or any other o~ ~tifn in Act rt'lating to the occupatiun and leasing of Crown lands, !oldie~. all acts of the Governor in Council, or the Minister, or any officer acting under the authority of the Governor in Council or- the ~ 1inister, before the passing of this Act, affording relief to soldiers ab.;ent from Queensland on service during the present war or to wounded, disabled, or discharged soldiers in regard to susp 'nsion of any of the conditions of any leases or licenses held by thpm . under any such Act, shall be deemed to have been lawful, and is hereby ratified and confirmed for all purposes. LAND, RESUMPTION OF, FOR PUBLIC WORKS. See WORKS. LAND SURVEYORS. See SURVEYORS. MEDICAL. An Act to Amend "The DentalAct of 1902" in 7 Geo. V. certain particulars. No. 23. THE DENTAL AOT [ASSENTED ,)'0 29TH DECEMBER, 1916.] AMENDllENT ACT OF 1916. I3 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 folto \Vs : - 1. (1.) This Act may be cited as "The DentalAct Short title Amendment Act of 1916," and shall be read as one with :~!truction. "The Dental Act of 1902," * hereinafter called the Principal Act. * 2 Edw. VII. No. 25, supra, page 2113. Q