Drought Relief To Dairy Farmers Validation Act of 1937 (1 Geo Vi No. 25) (Qld)

AGRICULTURE. 1 GEO. VI. No. 25, 1937. Drought Relief, Etc., Validation Act. 16441 An Act to Approve, A dopt, Authorise, Ratify, 1 GNeoo.. 2V5. I. Confirm, and Validate Certain Indentures THE DROUGHT made between the Secretary for Agriculture RELIEF TO DAIRY and Stock of the State of Queensland; for and VFAALRIDMAETRIOSN on behalf of the Government of the said ACT OF 1937. State, and Certain Persons and Bodies Corporate for the Purpose of Providing Drought Relief to Dairy Farmers, and for other purposes. [ASSENTED TO 25TH NOVEMBER, 1937.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen't 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 Drought Relief Short title. to Dairy Farmers Validation Act of 1937." . 2. In this Act, unless the context otherwise Meaning of indicates, the following terms have the meanings set terms. against them respectively, that is to say : - "Assignment "-An assignment of moneys pay- Assignment. able for dairy produce andlor pigs in the form set out in Schedule V. to this Act or to the like effect ; . " Body corporate"-A company within the mean- Body ing of *" The Companies Act of 1931," or an corporate. association within the meaning of t" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," and includes each company or association, as the case may be, which is a party to an indenture in the form or to the effect set out in Schedule 1. to this Act, andlor is a party to a further indenture in the form or to the effect set out in Schedule II. to this Act; " Declaration "-A declaration under the t" Oaths Declaration. Act of 1867" in the form set out in the further indenture or in such other form as the • 22 Geo. V. No. 53, supra, page 13433. t 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq. t 31 Vie. No. 12, supra, page 2281.

16442 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, Further indenture. Indenture. Minister. Person. Undertaking. Minister may have directed or approved, and which has been required by any person or body corporate pursuant to his or its respective further indenture; ;, Further indenture "-An indenture in the form set out in Schedule Il. to this Act or to the like effect whereby any indenture as defined in this Act was varied and amended, and which further indenture was made between the Minister of the one part and the person or body corporate which was the other party to the indenture varied and amended thereby of the other part ; H Indenture "--An indenture in the form set out in Schedule I. to this Act or to the like effect, and made between the Minister of the one part and a person or body corporate of the other part; H Minister "-.The Secretary for Agriculture and Stock or other Minister of the Crown for the time being charged with the administration of this Act; H Person "-The term includes any corporation or any association of persons whatsoever ; "Undertaking "-An undertaking in the form set out in Schedule IV. to this Act or to the like effect, and required to be furnished to a person or body corporate in accordance with the provisions of his or its indenture. Certain 3. The several indentures and/or further indentures : ~ f= : r made or expressed to be made between the Minister of indentures the one part and the respective persons and/or bodies ~: c~ a: ~ ~ corporate set forth in column one of Schedule Ill. of this and validly Act ofthe other part (the respective indenture to which he .. =& ' ~ ~ ~ < ic or it was and is a party havin.g ?een so made or expressed accordingly" to be made between the Mmlster and any person or body corporate concerned upon the date set forth in the second column of the said Schedule Ill. opposite to his or its name, and, where any such person or body corporate was and is a party to a further indenture, the respective further indenture to which he or it was and is a party having been so made or expressedto bemade between the Minister and any person or body corporate concerned

AGRICUI-1TURE. 16443 1937. Drought Relief, Etc., Validation Act. upon the date set forth in the third column of the said Schedule In. opposite to his or its name) are hereby declared to be and to have always been lawfully and validly made between the aforesaid parties thereto; and the Minister is hereby declared to have and to have always had the power .and authority to become and to be a party for and on behalf of the Government of Queensland to each and every such indenture and/or further indenture as aforesaid; and each and every such person and body corporate as aforesaid is hereby declared to have and to have always had the power and authority to become and to be a party to his or its respective indenture and/or further indenture. The aforesaid provisions of this section shall be read and construed to the intent that each and every indenture and/or further indenture herein mentioned or referred to shall be and shall be deemed to be hereby approved, adopted, authorised, ratified, confirmed, and validated, and that each and every such indenture was, is, and shall be valid and effectual for all purposes whatsoever, and was duly and lawfully executed by or on behalf of the respective parties thereto. 4. (1.) Except as by this Act otherwise provided Certain acts, it is hereby declared that a party to any such & vach' ; ddeacnldared indenture and/or further indenture as hereinbefore lawful. mentioned in section three of this Act always has been, is, and shall be lawfully and validly entitled to do and execute all such acts, matters, and things as are required or enabled by such indenture and/or further indenture to be done or executed by him or it for the purposes of the due exercise and performance of the several covenants, stipulations, and conditions contained in such indenture and/or further indenture and by him or it therein required or enabled to he done or executed. This subsection shall (but without limit to its generality) apply and extend so that every undertaking, assignment, or declaration which, under and pursuant to his or its indenture and/or further indenture, a person. or a body corporate has required or may require to be furnished to him or it, shall be and be deemed to be an undertaking, or assignment, or declaration, as the case may be, which such person or body corporate always has been, is, and shall be lawfully and validly entitled to so require.

16444 AGRICULTURE. DrrYUght Relief. Etc., Validation Act. 1 GEO. VI. No. 25, Authority of (2.) Without limiting the generality of this section Mresinpiescttertoin it is hereby further declared that the Minister as a party audits to any such indenture and/or further indenture as defined. aforesaid always has been, is, and shall be authorised to cause the books and accounts of any person or body corporate which is the other party to such indenture and/or further indenture to be examined and/or audited in the manner and by any person hereinafter prescribed for the purpose of satisfying himself that such person or body corporate has duly exercised and performed and is duly exercising and performing all covenants, agree- ments, stipulations, and conditions contained in such indenture and/or further indenture as aforesaid. Construction 5. (1.) Where any body corporate set forth in the oAfcctseritnain first column of Schedule Ill. to this Act is a company relation to within the meaning of *"The Companies Act of 1931" then, this Act. and in every such case (and notwithstanding anything contained in such lastmentioned Act) the memorandum of association of such body corporate shall be deemed to include and to have at all material times included objects, and the articles of association of such body corporate shall be deemed to include and to have at all material times included power enabling such body corporate to become and be a party to its respective indenture and/or further indenture, and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate always has been, is, and shall be lawfully entitled to do and execute. (2.) Where any body corporate set forth in the first column to Schedule Ill. of this Act is an association within the meaning of t" The Primary Producers' Co- operative Associations Acts, 1923 to 1934," then, and in every such case (and notwithstanding,anything contained in such lastmentioned Acts) the objects for which such body corporate was registered as an association shall be deemed to include and to have at all material times included objects, and the rules adopted by such body corporate shall be deemed to include and to have at all material times included rules.- enabling such body cor- porate to become and be a party to its respective inden- ture and/or further indenture, and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate always has been, is, and shall be lawfully entitled to do and execute. * 22 Geo. V. No. 53, supra, page 13433. t 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seg.

1937. AGRICULTURE. Drought Relief, Etc., Validation Act. 1644;) (3.) Every object and every power or rule so included as aforesaid in the objects and in the articles of association or rules of any such body corporate shall, notwithstanding anything to the contrary contained in *" The Oompanies Act of 1931" or in t" The Primary Producers' Oo-operative Associations Acts, 1923 to 1934," be and be deemed to be and to have at all material times been a lawful object 'or power or rule of the body corporate concerned. 6. (1.) The Minister shall have and may exercise all Power.and such rights and remedies as may be conferred upon him au:hOl'lt y to by any indenture and/or further indenture and, more- ~ : r: : over, when any act, matter, or thing is by an indenture righ~ or and/or further indenture directed or forbidden to be rem es. done by the person or body corporate which is a party to such indenture and/or further indenture, and such person or body corporate fails (and whether before or after the passing of this Act) to do the act, matter, or thing so directed to be done or does (and whether before or after the passing of this Act) the act, matter, or thing so forbidden to be done then, and in every such case, such actions may be maintained thereon and such damages and costs recovered against such person or body corporate by the Minister as might have been maintained and recovered if the same indenture and/or further indenture had been made between private persons only. (2.) Any person or body corporate which is a party to an indenture and/or further indenture shall have and may exercise all such rights and remedies as may be conferred upon him or it. by any undertaking or assign- ment now or hereafter executed in his or its favour under and/or pursuant to such indenture and/or further indenture. 7. (1.) In the event of any person or body corporate Construction failing to perform or observe any covenant, agreement, of certa~ condition, or stipulation contained in his or its respective !=t~~s of indenture or further indenture and on his or its behalf in~ rure to be observed or performed then, and in every such :rth~~ case, and notwithstanding any provisions to the contrary indenture. contained in the said indenture or further indenture, * 22 Geo. V. No. 53, supra, page 13433. t 14 Geo. v. No. 4f) and amending Acts, supra, pages 10776 et seq. \

16446 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, and notwithstanding that any such failure may have occurred prior to the passing of this Act, it is hereby declared that the Minister may- (a) Make demand upon such person or body corporate for the repayment to him of and recover from such' person or body corporate the total amount of all such sums so advanced as aforesaid (together with interest thereon) which at the date of such failure has not been repaid to the Minister by such person or body corporate; or (b) If such failure is a failure to observe and perform any such covenant, agreement, con- dition, or stipulation as aforesaid in respect of a sum which is part of and included in the total amount of all such sums as aforesaid (including a failure to remit any such part sum to the Minister at the time prescribed) in lieu of making demand as hereinbefore provided in paragraph (a) of this subsection, make demand upon such person or body corporate for the repayment to him of and recover from such person or body corporate such part sum (together with interest thereon), and may obtain judgment therefor without prejudice to the subsequent demand for and recovery by him of the balance of. such total amount. (2.) When the failure mentioned in subsection one of this section is a failure to repay upon the due date for the repayment thereof a sum which is part of and included in the total amount of all such sums as aforesaid and the Minister thereupon elects to make and makes a demand under and in pursuance of paragraph (a) of subsection one of this section, the repayment or tender of repayment of such part sum (together with interest thereon) at any time subsequent to such due date shall not be or be deemed to be a satisfaction of the demand so made by the Minister: Provided that the Minister may at his absolute discretion accept such subsequent repayment in satis- faction of his demand, but such acceptance shall not prejudice or be deemed to prejudice his power and . authority to again make a demand under paragraph (a)

] 937. AGRICULTURE. Drought Relief, Etc., Validation Act. 16447 or paragraph (b) of the said subsection (according as he may elect) upon the happening of any subsequent failure. (3.) Subsection one of this section shall extend and apply to each and every failure in the said subsection set forth and to the intent that upon the happening of any such failure the fact that the Minister elected in the case of a prior failure or failures to make a demand under and in accordance with paragraph (b) of the said subsection shall not prevent or be deemed to prevent him from making a demand under and in accordance with paragraph (a) thereof. All moneys, repayment of which may be demanded by the Minister under and in accordance with subsection one of this section, shall forthwith upon the making of such demand by the Minister become due and payable to him, and if not paid may be recovered by the Minister as a debt by action in any court of competent jurisdiction. Such action as aforesaid may be instituted in the name of the Minister or in the name of any person authorised by him. (4.) Where a term or condition of any indenture andlor further indenture expresses or implies that the person or body corporate which is the party thereto shall transmit to the Minister any document at any time for the purpose of repaying to him any sum of moneys then repayable to him then, and in every such case, the person or body corporate concerned shall fail and be deemed to fail to observe and perform such term or condition unless and until the Minister shall receive in full the repayment which such document has been so transmitted for the purpo~ e of making to him. 8. (1.) Notwithstanding anything contained in an ~ xcess or imnedaenn . mtugrea . saslngdne d motoret h peatretircmul"artlhye ncoosttwtiothts h taen F daincgtortyh " e cIbfaofirhdPygroepes b ry by such indenture, it is hereby declared that the person ~ o~ o~ ~ r or body corporate which is a party to such indenture is a~ dlor er not entitled and never was entitled to include in the cost water. to the Factory of any fodder andlor water as a sum actually paid by such person or body corporate for the transport or carriage of such fodder andlor water to the Factory or to the farm of any person any sum not paid

16448 AGRICULTURE. Drought Relief. Etc., Validation Act. 1 GEO. VI. No. 25, by such person or body corporate solely for the purposes of such transport or carriage, or any sum which (though payment of same included payment for such transport or carriage) would be payable by such person or body corporate irrespective of the transport or carriage of the fodder and/or water concerned. (2.) If any person or body corporate who or which, under and pursuant to his or its respective indenture has opened an account in his or its books for any person (in such indenture referred to as a "Supplier") to whom he or it has supplied fodder and/or water has debited or caused to be debited to such account any sum which is in excess of or not included in the cost to the Factory within the meaning of his or its respective indenture and sub- section one of this section of such fodder and/or water then, and in every such case, such person or body corporate shall forthwith upon the passing of this Act make or cause to be made such adjustment of such account as will delete therefrom such excess or improper debit: Provided that where any such Supplier has paid the whole or any part of any such excess or improper debit prior to the passing of this Act such person or body corporate shall forthwith upon the passing of this Act refund to him such payment: Provided further that, if such person or body corporate fails to make such refund as aforesaid, the Supplier concerned may notwithstanding anything con- tained in any Act or law, or rule, or process of law, recover the amount thereof as a debt by action in any court of competent jurisdiction. (3.) In any action instituted under and pursuant to subsection two of this section a certificate purporting to be signed by a person who audited or examined the books and accounts of the person or body corporate concerned and stating that such person or body corporate has debited or caused to be debited the account of a person to whom he or it has supplied fodder and/or water with a sum which is in excess of or not included in the cost to the Factory of such fodder and/or water within the meaning of the respective indenture of such person or body corporate, and stating the amount of such sum shall be admissible in evidence in such action and shall, until the contrary is proved, be sufficient evidence that J

1937. AGRICULTURE. Drought Relief, Etc., Validation Act. 16449 such person or body corporate has made or caused to be made such excess or improper debit and of the amount thereof. 9. (1.) It is hereby declared that no term or Obligations condition expressed or implied in an indenture and/or of. t~ e . further I.ndent ure reqU.lres or ever has req'urred, or shlalMmreslpSetcetromf be deemed to require or ever to have required, the advances to MI· m.st er as a party to such I.ndenture and/or further tphaertioetshetro an indenture to advance to the person or body corporate indenture who or which is the other party to such indenture and/or f: ~ '~ ~ further indenture the cost to the Factorv within the indenture. meaning of such indenture and/or further 'indenture, or any part of such cost, of any fodder and/or water supplied by such person or body corporate to a Supplier within the meaning of his or its indenture at any time after such person or body corpo:cate shall have failed to observe or perform any covenant, agreement, condition, or stipulation in any indenture or further indenture contained and on his or its behalf to be performed or observed, or unless and until- (a) In any case where such fodder andjor water was so supplied by such person or body corporate at a time prior to the date when he or it became a party to his or its respective further indenture, such person or body corporate shall have first satisfied the Minister that the Supplier to whom such fodder and/or water was supplied duly made and executed an undertaking and an assignment before such fodder and/or water was so supplied to him; or (b) In any case where such fodder' and/or water was so supplied by such person or body .corporate at a time subsequent to the date when he or it became a party to his or its respective further indenture, such person or body corporate shall have first satisfied the Minister that the Supplier to whom such fodder and/or water was supplied duly made and executed an undertaking, an assignment, and a statutory declaration before such fodder and/or water was so supplied to him. (2.) Nothing contained in subsection one of this section, and no term or condition expressed or implied in any indenture and/or further indenture, shall require

16450 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, or ever have required, or be deemed to require or ever to have required, the Minister to make any advance or payment whatsoever to any person or body corporate who or which is a party to such indenture and/or further indenture for or in respect of any act, matter, or thing done or executed, or omitted to be done or executed, or purporting to be done or executed, or purporting to be omitted to be done or executed in pursuance of his or its respective indenture and/or further indenture at any time· after the receipt by such person or body corporate of notice in writing from the Minister that no further purchases of fodder and/or water are to be made by him or it in pursuance of his or its respective indenture and/or further indenture. For the purposes of this subsection and/or of any indenture and/or further indenture notice by telegram, whether sent by the Minister or by his authority, shall be deemed to be and to have been notice in writing, and such notice shall be deemed to be and to have been received by any person or body corporate to whom or which such telegram is or has been sent at the time when he or it would receive or have received such telegram in the ordinary course of transmission. Provision:, as to audit by or on behalf of Minister. 10. (1.) The authority of the Minister as a party to any indenture and/or further indenture to cause the books and accounts of any person or body corporate who or which is the other party to such indenture and/or further indenture to be examined and/or audited may be exercised as follows, that is to say:-- The Aud.itor-General may at any time and from time to time at the request of the Minister examine and/or audit, and the Minister may on his own initiative at any time and from time to time cause any officer of the Public Service or any accountant appointed by him in that behalf to examine and/or audit the books and accounts of such person or body corporate, and for the purposes of such audit and/or examination the Auditor- General, or any officer of the Public Service, or any accountant so appointed may examine all and any books, accounts, and documents relating to accounts of such person or body corporate, and may make and take away with him any extract from any book or copy of any such documents

1937. AGRICULTURE. Drought Relief, Etc., Validation Act. 16451 or an( 2y.) 0 f I f f icearny 0 f ptehresoPnubolb 1 ' 0 strSuecrVts1. Oteh, eorAaundyitoarc- cGoeunnetraanlt, arOeufldfaeitlIt! Os- c. nest i o n SO appointed in the exercise of his powers or the performance of his duties under this section, or without lawful excuse refuses to produce any book, account, document, writing, paper, or instrument in his possession or under his control, or to permit the p1aking and taking away of any extract from any book or copy of any document, or to answer any question asked by the Auditor-General, or such officer, or such accountant so appointed for the purpose of the exercise of such powers or the performance of such duties he shall be liable to a penalty of not less than two pounds nor more then twenty pounds; and if any person after conviction for any such offence still refuses to produce any such book, account, document, paper, writing, .or instrument, or to permit the making and taking away of any extract or copy, or to answer any such question he shall be liable to a further penalty not exceeding twenty pounds for each and every day during· which such default continues: Provided that where the person committing an offence against this subsection is a person who is a party to an indenture andlor further indenture or the chairman of directors, or a director, or the manager, or any other governing officer (by whatever name called) of a body corporate which is a party to an indenture andlor further indenture, such person shall, in lieu of being liable as hereinbefore provided, be liable to a penalty of not less than twenty pounds nor more than one hundred pounds, and further liable if such offence is continued after a conviction therefor to a daily penalty not exceeding fifty pounds. (3.) It shall be the duty of every manager or other Duties of principal officer of any bank andlor branch of a bank certain . Wl 'th W h 1 ' 0 h a person or b 0 dy corporate wh 0 or w hi ch' IS a preesrpsoencts oInf party to an indenture andlor further indenture has audits. deposited any moneys, whether in his or its own account or in any general or separate trust account, to disclose every such account to the Auditor-General, or to any officer, or to any accountant so appointed upon demand made by the Auditor~ General, or any officer or any accountant so appointed, and to permit the Auditor- General, or any officer, or any accountant so appointed

16452 AGRIClJLTlJRE. Drought Relief, Etc., Validation Act.. 1 Gm. VI. No. 25, to make and take away with him an extract from any book or copy of any such accounts or copy of any document or writing relating to such accounts. Any manager or principal officer of such bank as aforesaid who knowingly acts contrary to the provisions of this subsection shall be liable to a penalty of not more than one hundred- pounds. Application (4.) This section shall apply and extend to any person of section. having the custody or possession of any book, account, register, document, or writing of any. such person or body corporate as aforesaid. Recove~ 11. (1.) All penalties imposed under this Act shall be of penaltIes. recoverable in a summary way under *" The Justices Acts, 1886 to 1932," upon the complaint of any person authorised by the Minister either generally or for the purpose of any particular case, and when recovered shall be paid into the Consolidated Revenue. Time for (2.) Proceedings for an offence against this Act may insti\ution of be instituted at any time within twelve months after the ~ ~ ~ : eedings. commission thereof, or within six months after the discovery of the commission thereof by the complainant, whichever is the later period. Minimum penalty not to be reduced. (3.) Notwithstanding anything in any Act to the contrary, where any person is convicted of an offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty. Saving of civil rights and remedies. (4.) Where an act or omission constitutes an offence against this Act, and the Minister or any other person whomsoever has in addition a civil right or remedy in respect of such act or omission, such civil right or remedy shall in no case be prejudiced or affected by the conviction of any person concerned for such offence. Clrr ~ ve~ ents 12. (1.) In any proceedings for an offence against m or this Act or in any action which the Minister may ~ ~ ~ : eedings. institute or authorise to be instituted to enforce any civil right or remedy conferred upon him by this Act and/or by any indenture or furt~er indenture, every averment of the prosecutor or plaintiff contained in the information, complaint, plaint, writ of summons, * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

1937. AGRICULTURE. Drought Relief, Etc., Validation Act. 16453 summons, declaration, or claim shall be evidence of the matter averred, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of the facts so averred, and without limiting the generality of this subsection, the averment of the prosecutor or plaintiff in any document as last referred to to the effect that any person or body corporate has supplied fodder and/or water specified or unspecified contrary to the provision~ of his or its respective indenture or further indenture and otherwise than in accordance with the covenants, agreements, conditions, and stipulations contained therein shall cast on such person or body corporate the onus of proving that he or it has not supplied any fodder and/or water contrary to such provisions or otherwise than in accordance with such covenants, agreements, conditions, and stipulations. (2.) Subsection one of this section shall apply to any matter so averred although- (i.) Evidence in support or rebuttal of the matter averred or of any other m~ tter is given; or (ii.) The matter averred is a mixed question of law and fact, but in that case the averment shall be evidence of the fact only. (3.) This section shall not lessen or affect any onus of proof otherwise falling on the defendant. (4.) Where in any action or proceeding whatsoever it is material to prove that the Minister approved or did not approve of any act, matter, or thing then, and in every such cage, a certificate signed by the Minister and stating that he approved or, as the case may be, did not approve of such act, matter, or thing shall be admissible in evidence in such action or proceeding and shall be conclusive evidence of the fact certified to therein, Judicial notice shall be taken of the signature of the Minister to every such certificate. This subsection shall be in aid of and not III derogation of any other provision of this section. 13. All moneys for the purposes of advances made Appropria- by the Minister in the exercise and performance by him, tion. and whether before or after the passing of this Act, of the terms and conditions of any indenture and/or

16454 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, further indenture shall be a charge upon the Loan Fund Account of the Consolidated Revenue, which is hereby declared to be and to have always been at any material time appropriated accordingly. The costs, charges, and expenses of the administra- tion of this Act, including administrative costs of a similar nature incurred prior to the passing of this Act, shall be a charge upon the Consolidated Revenue Fund, which is hereby appropriated and declared to have always been at any material time appropriated accordingly. SCHEDULES. SCHEDULE I. INDENTURE. THIS INDENTURE made the day of one thousand nine hundred and thirty-six BETWEEN THE HONOURABLE' FRANK WILLIAM BULCOCK the Secretary for Agriculture and Stock of the State of Queensland for and on behalf of the Government of the said State (hereinafter with his successors in office called "the Minister") of the one part AND (hereinafter with its successors and assigns called "the Factory") of the other part: WH£REAS for the purpose of providing fodder and/or water for dairy cattle for the necessary working horses on a dairy farm and for pigs it has been arrangecl. that subject to the provisions hereinafter contained the Factory shall from time to time purchase fodder and/or water and supply the same to persons who are supplying or who usually supply cream· and/or pigs to the Factory and that the Minister will subject to the provisions hereof from time to time advance to the Factory the cost delivered at the Factory of all such fodder and/or water and that the Factory shall repay to the Minister such sums as shall be advanced by the Minister to for or on account o(the Factory at the times and in the manner hereinafter appearing: Now THIS INDENTURE WITNESSETH- (1) The Factory may from time to time until receipt of notice in writing from the Minister that no further purchases are to be made by the Factory in pursuance of these presents purchase such fodder and/or water and such quantities of fodder and/or water as in the opinion of the Factory may from time to time be neces- sary for feeding and/or watering the dairy cattle the necessary working horses on a dairy farm or pigs of any person or persons who are supplying or who usually supply cream and/or pigs to the Factory. Subject to

AGRICULTURE. 1937. Drought Relief, Etc., Validation Act. the provisions hereof the Factory may from time to time if it shall think fit issue to any supplier an order or orders authorising such supplier to purchase fodder and/or water to the amount specified in any such order or orders and any fodder and/or. water purchased by any such supplier by with or under any such order or orders shall for the purposes of these presents be deemed to have been purchased by the Factory hereunder. (2) All such fodder so purchased by the Factory unless the Minister in any particular case otherwise permits and all such water so purchased or supplied by the Factory whenever practicable or unless the Minister in any particular case otherwise permits shall be conveyed from the railway station in Queensland. nearest tQ the place where such fodder and/or water is purchased by the Factory to the railway station nearest"to the Factory or to the railway station nearest to the dairy farm of any person to whom any such fodder and/or water is by direction of the Factory consigned (as the case may be) by over and upon the Queensland Government Railways. (3)- (a) The Factory shall on the Saturday of each week furnish to the Minister a statement in writing containing particulars of all fodder and/or water purchased by the Factory during the week ending with such Saturday and the probable cost of such fodder and/or water. If the Factory shall in any week fail or neglect to furnish any such statement the Minister may refuse to make to the Factory any advance in respect of fodder and/or water purchased by the Factory during such week; (b) The Factory shall from time to time furnish to the Minister certified copies of all accounts for such fodder andlor water from time to time purchased by the Factory and of all accounts for the transport and carriage from time to time of such fodder and/or water to the Factory or to the dairy farm of any person to whom any such fodder and/or water may have been consigned by direction of the Factory and the Minister will as soon as may be after the receipt of any such accounts advance to the Factory the amount of such accounts for or in respect of fodder and/or water purchased by the Factory prior to the receipt by the Factory of a notice in writing from the Minister that no further or other fodder and/or water is to be purchased by the Factory in pursuance of these. presents.' ' . (4) Upon the receipt by the Factory of an application for fodder and/or water from any person who is supplying or who usually supplies cream and/or pigs to the 16455

16456 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, Factory (hereinafter called "the Supplier") the Factory shall if the Supplier has not already furnished the same and provided the Factory proposes to supply fodder and/or water to such Supplier require the Supplier to furnish to the Factory an undertaking in writing signed by the Supplier that- (a) The Supplier will pay to the Factory the amount of the cost to the Factory of all fodder and/or water from time to time supplied to him by the Factory together with interest upon the amount of such cost at the rate for the time being charged by the Treasury of Queensland to Local Authorities upon loans made by the said Treasury to Local Authorities at the date when such fodder and/or water was supplied to him. Such interest shall commence to run on the amount of the cost to the Factory of each supply of fodder and/or water from time to time supplied by the Factory to him from a date or dates twelve calendar months next following the date or respective dates upon which such fodder and/or water shall have been supplied by the Factory to him and shall be calculated upon the the daily balance and be payable half-yearly. _Any sum owing by the Supplier to the Factory in respect of the amount of the cost to the Factory of fodder and/or water supplied to the Supplier together with interest at the rate aforesaid shall forthwith become due and shall be payable by the Supplier to the Factory upon demand and if not so paid may be recovered by the Factory from the Supplier as any debt if the Supplier shall cease to supply cream and/or pigs to the Factory or to any corporation company association or person to which the Factory has permitted the Supplier to supply or deliver cream and/or pigs; (b) The Supplier will so long as any moneys shall be owing by the Supplier to the Factory for or in respect of fodder and/or water supplied to him by the Factory or for or in respect of such interest unless otherwise permitted by the Factory deliver or cause to be delivered to the Factory -all cream from time to time obtained by him from his cows and/or all pigs which he has from time to time for sale and will not without such consent supply or deliver any cream and/or pigs to any corporation company association or person; (c) The Supplier will when so required by the Factory execute and give to the Factory such assignment or assignments as the Factory may from time to time require assigning to the Factory until the amount of the cost to the Factory of all fodder and/or water supplied to him and interest at the rate aforesaid upon

1937. AGRICULTURE. Drought Relief, Etc., Validation Act. '. such amount shall have been paid to the Factory part or share of all moneys due or which may from time to time become due or payable to him by the Factory or by any corporation company association or person as payment for all or any cream and/or pigs delivered or supplied by him to the Factory or to any such corporation company association or person; (d) If the Factory shall issue to the Supplier any order authorising the Supplier to purchase any fodder and/or water the Supplier shall use such order only in the purchase of fodder and/or water and for no other purpose whatsoever and shall at the time of such purchase obtain from the corporation company association or person from whom he purchased such fodder and/or water and forthwith forward to the Factory a certificate in writing that such corporation company association or person sold to the Supplier fodder and/or water to the full value of the amount of such order and did not under such order supply to the Supplier any other goods matters or things whatsoever or pay to the Supplier any moneys or give to the Supplier any credit and the Supplier shall not purchase any goods matter or thing other than fodder and/or water upon or with or under any such order and shall not in any case whatsoever accept from any corporation company association or person any money or credit for or in respect of any such order. (5) When a Supplier to whom the Factory proposes to supply fodder and/or water shall have furnished to the Factory the documents specified in Clause 4 hereof the Factory may from time to time supply to the Supplier such fodder and/or water and such quantity of fodder and/or water as the Factory shall think necessary in the circumstances for feeding and/or watering the dairy cattle of the Supplier the necessary working . horses on the dairy farm and/or the pigs of the Supplier or may from time to time issue to the Supplier an order or orders authorising the Supplier to purchase fodder and/or water to the value specified in such order or orders: PROVIDED THAT fodder and/or water shall not be supplied by the Factory or any order or orders for the purchase of fodder and/or water shall not be issued by the Factory to any person- Ca) Who is not supplying or who does not usually supply cream and/or pigs to the Factory; (b) Who has not furnished to the Factory the various documents specified in Clause 4 hereof. (6) The Factory shall at the time of the first supply of fodder and/or water to a Supplier or so soon thereafter as shall be practicable obtain from the Supplier the assignment or assignments specified in Clause 4 (c) hereof. 16457

16458 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 Goo. VI. No. 25, (7) The Factory shall keep full and proper books of account in which shall be entered full and detailed particulars of all fodder and/or water purchased by the Factory and of all costs in transporting such fodder and/or water to the Factory or to the dairy farm of any Supplier to whom such fodder and/or water may have been consigned by direction of the Factory and of the Sup- plier or Suppliers to whom such fodder and/or water was supplied by the Factory. The Factory shall open an account for such Supplier to whom fodder and/or water is supplied by the Factory and whenever any fodder and/or water is supplied to such Supplier his account shall be debited with an amount equal to the cost to the Factory of the fodder and/or water supplied to him. There shall also be debited to such account from time to time any interest which shall be payable in pursuance of the terms hereof and there shall be credited to such account any payments made by the Supplier and any moneys which are retained by the Factory in pursuance of any such assignment or which are paid to the Factory by any corporation company or person in pursuance of any such assignment and any moneys which may be recovered by the Factory from the Supplier or which may be received by the Factory in or towards payment of the said account. The Factory shall from time to time as and when required by the Inspector of Accounts for the time being of the Depart- ment of Agriculture and Stock or such other officer as the Minister may authorise either generally or specific- ally in that behalf pI'oduce all such books to and permit such Inspector of Accounts or such other officer to examine all such books and to make copies thereof and/or to take extracts therefrom. (8) All sums advanced by the Minister to the Factory in pursuance of these presents shall be repayable by the Factory to the Minister together with interest upon demand but (save as is herein otherwise expressly provided) the Minister will not make any demand so long as the Factory shall perform and observe the terms and conditions hereinafter in Clause 9 contained and on the part of the Factory to be performed and observed: PROVIDED THAT interest shall not be payable by the Factory on any such advance for a period of twelve calendar months following the date of the making of such advance but upon the expiration of such period of twelve calendar months every such advance shall until payment bear interest at the rate for the time being charged by the Treasury of Queensland to Local Authorities upon loans made by the said Treasury to Local Authorities· at the date upon which such advance is made to the Factory by the Minister hereunder such interest to be calculated upon the daily balance and to be debited to the account of the Factory half-yearly: PROVIDED FURTHER that for the purpose of this Clause

1937. A.GRICULTURE. Drought Relief, Etc., Validation Act. each and every sum as and when advanced by the Minister to the Factory shall be deemed to be a separate advance. (9) The Factory shall until payment to the Factory by each Supplier to whom fodder and/or water shall have been supplied by the Factory of the whole of the cost to the Factory of such fodder and/or water and interest on the amount of such cost use its best endeavours to collect the amount of such cost and interest and shall from time to time at such intervals as the Minister shall direct furnish to the Minister a full and detailed statement in writing of all moneys paid by Suppliers (whether by direct payment or retained by the Factory in pursuance of any such assignment or paid to the Factory by any corporation company or person in pursuance of any such assignment or otherwise howsoever) in respect of fodder and/or water sup- plied to them by the Factory and shall transmit to the Minister with such statement a cheque for the total amount of all moneys covered by such statement: PROVIDED THAT if the Factory shall fail or neglect to pay and/or retain any moneys which it should have so paid and/or retained in pursuance of the aforesaid assignment or assignments or otherwise howsoever the ]'actory shall pay to the :Minister upon demand the amount of any such moneys. (10) If the Factory shall supply any fodder and/or water to any person other than a Supplier or otherwise than in accordance with the provisions hereof or shall fail or neglect to perform and observe the terms and conditions hereof or any of them and on the part of the Factory to be performed and observed then and in any such case the Factory shall pay to the Minister upon demand a sum equal to the cost to the Factory of all fodder so supplied together with interest at the rate aforesaid upon such sum from the date of such supply up to and including the day of the date of such payment by the Factory to the Minister. lll) For the purpose of these presents the term "the cost to the Factory" shall mean the sum actually paid by the Factory for the purchase of fodder and/or water together with any sum actually paid by the Factory for the transport or carriage of such fodder and/or water to the Factory or to the dairy farm of any person to whom such fodder and/or water shall have been consigned by direction of the Factory and any expenses necessarily incurred by the Factory in about or in connection with the purchase of such fodder and/or water and approved by the Minister. The Factory shall not for fodder and/or water supplied to any Supplier charge such Supl)lier any sum other than the cost to the Factory and interest at the rate aforesaid upon such SUIn. 16459

16460 AGRICULTURE. Dro,ught Relief, Etc., Validation Act.. 1 GEO. VI. No. 25, (12) All stamp duty (if any) payable in respect of these presents will be paid by the Minister. (13) The Minister may at any time by notice in writing to the Factory cancel and determine the auth:ority of the Factory to purchase fodder and/or water under or in pursuance of these presents or on and after the receipt by the Factory of any such notice any fodder and/or water purchased by the Factory (other than fodder and/or water for which an order shall 'have been placed by the Factory before the receipt of such notice and not then delivered to the Factory or to any Supplier by the direction of the Factory) shall be purchased by and at the cost and expense of the Factory and not under or in pursuance of these presents. Any such notice may be forwarded to the Factory through the post and if so forwarded shall be deemed to have been received by the Factory at the time when it would have received the same in the ordinary course of the post. IN WITNESS WHEREOF the Minister has hereunto set his hand and seal and the Common Seal of the Factory was hcreunto affixed the day and year first hereinbefore written. SIGNED SEALED and DELIVERED by THE} HONOURABLE FRANK WILLIAM BULCOCK the Secretary for Agriculture and Stock . of the State of Queensland for and on behalf of the Government of the said State in the presence of THE COMMON SEAL of was hereto affixed by in the presence of } SCHEDULE n. FURTHER INDENTURE. THIS INDENTURE made the day of one thousand nine hundred and thirty- BETWEEN THE HONOURABLE FRANK ,VILI,IAM BULCOCK the Secretary for Agricul- ture and Stock of the State of Queensland for and on behalf of the Government of the said State (hereinafter with his successors in office called "the Minister") of the one part AND (hereinafter with its successors and assigns called "the Factory") of the other part: WHEREAS by an Indenture bearing date the day of one thousand nine hundred and thirty-six made between the Minister of the one part and the Factory of the other part (hereinafter called" the said Indenture' ') the Factory upon under and subject to the terms conditions and restrictions set forth in the said Indenture agreed to supply fodder

AGRICULTURE. 1937. Drought Relief, Etc., Validation Act. -.~ ~- - ~- - -- - - - - - - - - - - - - - - - --- -- and/or water to persons who are supplying or who usually supply cream and/or pigs to the Factory: AND WHEREAS it has been agreed by and between the Minister and the Factory that the said Indenture shall be varied and amended to the extent and in manner following :- Now THIS INDENTURE WITNESSETH that in consideration of the said agreement and in pursuance of the premises the said Indenture shall be and the same is hereby varied and amended by adding the following words to Clause 4 of the said Indenture after subclause (d) of the said Clause 4:- The Factory shall also require the Supplier to furnish a declaration under the*" OathsAct of 1867" in the form hereunder written or in such other form as the Minister may from time to time direct. Queensland To Wit Declaration. I [full name] of [address] in the © State of Queensland [occupation or calling] do solemnly and sincerely declare as follows:- 1. On the day of one thousand nine hundred and thirty- I made application to [insert name of Factory] for [insert the weight and description of fodder and/or quantity of water applied for] for feeding and/or watering the dairy cattle and the necessary working horses and/or pigs on my dairy farm situated at 2. I am supplying I usually supply cream and/or pigs to the said Factory. 3. I have no money to purchase the said fodder and/or water and I have no bonds, shares, inscribed stock or debentures which could be immediately converted into money. 4. I have made all reasonable enquiries and I am unable to borrow the money necessary for the purchase of the said fodder and/or water. 5. I am unable to purchase the said fodder and/or water upon credit. 6. I have no fodder and/or water or By the time I receive fodder and/or water in consequence of my application for same I will be in urgent need of fodder and/or water as the case may be for the purpose of feeding and/or watering the said dairy cattle. working horses and/or pigs. * 31 Vie. No. 12, 8upra, page 2281. 16461

16462 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the *' (Oaths Act of 18.67." Signed and Declared by the said } declarant at this day of 193 before me A Justice of the Peace. Declarant. IN WITNESS WHEREOF the Minister has hereunto set his hand and seal and the Common Seal of the Factory was hereunto affixed the day and year first hereinbefore written. SIGNED SEALED and DELIVERED by 'l'HE HONOURABLE FRANK "\VILLIAM BULCOCK the Secretary for Agricul- ture and Stock of the State of Queensland for and on behalf of the Government of the said State in the presence of THE COMMON SEAL of was bereto amx,d } by in the presence of SCHEDULE Ill. -------------- N - a - m - e. -------------- I Date of Indenture. I DatIensdoefntfuurreth. er (A)-Corporate Bodie8 which are Associations within the meaning oJ t" The Primary Producers' Co-operative Associations Acts, 1923 to 1934." The Aubigny Co-operative Dairy Association 5 Dec., 1936 Limited The Biddeston Co-operative Dairy Association 12 Nov., 1936 Limited The Queensland Farmers' Co-operative 14 Nov., 1936 Association Limited Caboolture Co-operative Association Limited. . 10 Nov., 1936 The Chinchilla Co-operative Dairy Association 19 Nov., 1936 Limited CoalstounLakesCo-operativeDairyAssociation 20 Nov., 1936 Limited The Dayboro' Co-operative Dairy Association 14 Nov., 1936 Limited The Downs Co-operative Dairy Association 30 Nov., 1936 Limited The Esk Co-operative Dairy Association 12 Nov., 1936 Limited Felton Co-operative Dairy Association Limited I 8 Jan., 1937 The Gayndah Co-operative Dairy Association I 9 Nov., 1936 Limited I Jr"ngate Co-operative Dairy Association! I Dec., 1936 Limited I 19 Dec., 1936 12 Dec., 1936 21 Dec., 1936 22 Dec., 1936 12 Dec., 1936 18 Dec., 1936 7 Jan., 1937 * 31 Vic. No. 12, supra, page 2281.. t 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq.

AGRICULTURE. 1937. Drought Relief, Etc., Validation Act. SCHEDULE III.-coniinued. II Name. Date of Indenture. DatIeusdoenf tfuurreth. er ------------------------------- (A)-Oorporate Bodies which are Associations within the meaning DJ *" The Primary Producers' Oo.operative Associations Acts, 1923 to 1934."-continued. The Killarney Co-operative Dairy Association Limited Kin Kin Co-operative Dairy Association Limited The Logan and Albert Co-operative Dairy Association Limited The Maclagan Valley Co-operative Dairy Association Limited The Maleny Co-operative Dairy Association, Limited The Maryborough Co-operative Dairy Association Limited The Millmerran Dairy Co-operative Association Limited Moola Co-operative Dairy Association Limited Mount Tyson Co-operative Dairy Association Limited The Nitnango Dairy Co-operative Association 5 Nov., 1936 14 Nov., 1936 23 Nov., 1936 12 Nov., 1936 1 Dec., 1936 9 Nov., 1936 10 Nov., 1936 18 Nov., 1936 20 Nov., 1936 19 Nov., 1936 17 Dec., 1936 9 Jan., 1937 18 Dec., 1936 4 Jan., 1937 21 Dec., 1936 Limited The Oakey District Co-operative Butter as:SOCla-i 10 Nov., 1936 tion Limited The Pittsworth Co-operative Dairy Association 10 Nov., 1936 Limited Port Curtis Co-operative Dairy Association 14 Nov., 1936 Limited Rockview Co-operative Dairy Association 10 Nov., 1936 Limited Rocky Creek Co-operative Dairy Association 24 Nov., 1936 Limited The Roma Co-operative Dairy Association 3 Dec., 1936 11 Dec., 1936 4 Jan., 1937 15 Jan., 1937 Limited Soutlibrook Co-operative Dairy Association Limited The South Burnett Co-operative Dairy Associa- tion Limited The Stanley River Co-operative Association 16 Nov., 1936 9 Nov., 1936 13 Nov., 1936 18 Dec., 1936 11 Dec., 1936 Limited The Warwick Co-operative Dairy Association Limited The Wide Bay Co-operative Dairy Association 24 Nov., 1936 19 Nov., 1936 11 Jan., 1937 15 Dec., 1936 Limited The Yamsion Co-operative Dairy Association 18 Nov., 1936 Limited (B )-Oorporate Bodies which ar~ Oompanie8 within the meaning oJ t" The Oompani~ Act of 1931." The Southern Queensland Dairy Company \. 31 Dec., 1936[21 Jan., 1937 Limited A. C. Munro and Sons Proprietary Limited .. 11 Nov., 1936 (C)-Individual Persons. Arthur Edward Hoopert, Gomorran Cheese 25 Nov., 19361 Factory J. W. McColm, Max Cheese Factory .. 12 Nov., 19361 18 Jan., 1937 Thomas Dare, Proprietor Woodleigh, Daredale, 6 Nov., 1936 4 Jan., 1937 and Quinalow Cheese Factories I I The Secretary for Public Instruction in 20 Nov., 1936 12 Jan., 1937 Queensland Wellcamp Cheese Company I .. 5 Dec., 1936 I I * 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq. t 22 Geo. V. No. 53, supra, page 13433. 16463

16464 AGRICULTURE. Drought Relief, Etc., Validation Act. 1 GEO. VI. No. 25, . SCHEDULE IV. UNDERTAKING. To IN CONSIDERATION OF (hereinafter with its successors and assigns called "the Factory") from time to time supplying to me fodder and/or water for feeding and for watering dairy cattle and/or working horses upon my dairy farm and/ or pigs I of in the State of Queensland (hereinafter with my executors adminis- trators and assigns called "the Supplier") Do HEREBY for myself my executors and assigns COVENAN'l' AND AGREE with the Factory as follows:- 1. That the Supplier will pay to the Factory the amount of the cost to the Factory of all fodder and/or water from time to time supplied to the Supplier by the Factory . together with interest upon the amount of such cost at the rate for the time being charged by the Treasury of Queensland to Local Authorities upon loans made by the said Treasury to Local Authorities at the date upon which such fodder and/or water was supplied by the Factory to the Supplier such interest to commence to run on the amount of the cost to the Factory of each supply of fodder from time to time supplied by the Factory to the Supplier from a date or dates twelve (12) calendar months next following the date or respective dates upon which such fodder and/or water shall have been supplied by the Factory to the Supplier and to be calculated upon the daily balance of the amount of such cost to the Factory and to be payable half-yearly. Any sum owing by the Supplier to the Factory in respect of the amount of the cost to the Factory of fodder and/or water supplied to the Supplier together with interest at the rate aforesaid shall forthwith become due and shall be payable by the Supplier to the Factory upon demand and if not so paid may be recovered by the Factory from the Supplier as any debt if the Supplier shall cease to supply or deliver cream and/or pigs to the Factory, or to any corporation company association or person to which the Factory has permitted the Supplier to supply or deliver cream and/or ·pigs. 2. That the Supplier will so long as any moneys shall be owing by the Supplier to the Factory for or in respect of fodder and/or water supplied to the Supplier by the Factory or for or in respect of such interest unless otherwise permitted by the Factory deliver or cause to be delivered to the Factory in his own name all cream from time to time obtained by the Supplier from his cows and/or all pigs which the Supplier from time to time shall have for sale and will, not without such permission supply or deliver any cream and/or pigs other than in his own name or to any corporation company association or person.

AGRICULTURE. 1937. Drought Relief, Etc., Validation Act. 3. That the Supplier will when so required by the Factory execute and give to the Factory such assignment or assignments as the Factory may from time to time require assigning to the Factory until the amount of the cost to the Factory of all fodder and/or water supplied to the Supplier and interest at the rate aforesaid upon such amount shall have been paid to the Factory* part or share of all moneys due or which may from time to time become due or payable to the Supplier by the Factory or by any corporation company association or person as payment for all or any cream and/or pigs delivered or supplied by the Supplier to the Factory or to any such corporation company association or person. 4. If the Factory shall issue to the Supplier any order authorising the Supplier to purchase any fodder and/or water the Supplier shall use such order only for the purchase of fodder and/or water and for no other purpose whatsoever and shall at the time of such purchase obtain from the corporation company association or person from whom the Supplier purchased such fodder and/or water and forthwith forward to the Factory a certificate in writing that such corporation company association or person sold to the Supplier fodder and/or water to the full value of the amount of such order and did not under such order supply to the Supplier any other goods matters or things. whats.o- ever or pay to the Supplier any moneys or give to the Supplier any credit. And the Supplier shall not purchase any goods matters or things other than fodder and/or water upon, or with or under such order and shall not in any case whatsoever accept from any corporation company association or person any money or credit for or in respect of any such order. AND the Supplier hereby i'rrevocably constitutes and appointst for the, time being of the Factory his attorney for him and his name to sign seal execute and deliver such assignment or assignments of moneys from time to time payable to the Supplier for cream and/or pigs as the said may consider necessary or desirable to give effect to the covenants herehlbefore contained. AND the Supplier hereby ratifies and confirms and agrees to ratify and confirm all and whatsoever the said may lawfully do in the premises. IN WITNESS WHEREOF the Supplier has hereunto set his hand and seal this day of 193 STGNED SEALED and DELIVERED by the } said in the presence of (Adhesive Seal to be attached before being signed.) * ( In~ ert the portion assigned, i.e., one-quarter, one-third, &c.). t (Insert whoever is required-i.e., Manager, Secretary, &c" 16465

16466 AGRICULTURE. Drought Relief, Etc., Validation Act. I GEO. VI. No. 25, 1937. SCHEDULE V. ASSIGNMENT OF MONEYS PAYABLE FOR CREAM AND/OR PIGS. IN CONSIDERATION of (hereinafter with its successors called" the Pactory") from time to time supplying to me fodder and/or water for feeding and/or 1vatering dairy cattle and/or working horses upon my dairy farm and/or pigs I of in the State of Queensland (hereinafter with my executors administrators and assigns called "the Supplier") HEREBY ASSIGN to the Pactory part or share of all moneys due or which may from time to time become due or payable to the Supplier by the Pactory or by any corporation company association or person as payment for all or any cream and/or pigs delivered or supplied by the Supplier to the Pactory or to any such corporation company association or person. The assignment herein contained is given for value and shall r(;main in full force and effect until the Supplier shall have paid to the Factory the amount of the cost to the Factory of all fodder and/or water supplied to the Supplier by the Factory and interest upon the amount of such cost at the rate for the time being charged by the Treasury of Queensland to Local Authorities upon loans made by the said Treasury to such Local Authorities at the date upon which such fodder and/or water was supplied by the Pactory to the Supplier. Such interest at the rate aforesaid shall commence to run on the amount of the cost to the Factory of each supply of fodder and/or water from time to time supplied by the Pactory to the Supplier from a date or dates twelve (12) calendar months next following the date or respective dates upon which such fodder and/or water shall have been supplied by the Factory to the Supplier and shall be calculated upon the daily balance of the amount of such cost to the Pactory and shall be payable half-yearly. AND I HEREBY DIRECT AND AUTHORISE the Factory and any such corporation company association or person to retain and/or pay to the Factory such moneys hereby assigned or expressed or iutended so to be. IN WITNESS WHEREOF I have hereunto set my hand this day of 193 SlGNED by the said \ in the presence of )