Drought Relief to Primary Producers Act of 1940 (4 Geo Vi No. 9) (Qld)
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17894 DROUGHT RELIEF. Drought Relief to Primary Producers Act. 4 GEO. VI. No. 9, CO-ORDINATION OF PUBLIC WORKS. See WORKS. DAIRY FARMERS, DROUGHT RELIEF TO. See DROUGHT RELIEF. DAIRY PRODUCE. See STOCK (DISEASES IN STOCK ACTS AND OTHER ACTS AMENDMENT ACT). DISEASES IN STOCK. See STOCK. DROUGHT RELIEF. 4 GEO. VI. No. 9. To DROUGHT RUIB, TO PBDlARY PRODUCERS ACT Olr 1940. An Act to Provide for Drought Relief to Primary Producers, and for other purposes. [ASSENTED TO 25TH OCTOBER, 1940.] 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:- Short title. 1. This Act may be cited as " The Drought Relief to Primary Producers Act of 1940." Meanings of 2. In this Act, unless the context otherwise indicates terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- Assignment. " Assignment "-An assignment in the prescribed form or to the like effect of moneys payable for primary produce; Body corporate. "Body corporate "-A company within the meaning of *" The Companies Act of 1931" or an association within the meaning of t" The Primary Producers' Co-operative Associations Acts, 1923 to 1934," or a society registered under t" The Industrial and Provident Societies Acts, 1920 to 1935" ; * 22 Geo. v. No. 53, supra, page 13433. t 14 Geo. V. No. 45 and amending Acts, supra, pages 10776 et seq. t 10 Geo. V. No. 32 and amending Acts, supra, pages, 9292 et seq.
1940. DROUGHT RELIEF. Dronght Relief to 'Primary Prodncers Act. 17895 " Declaration "-A declaration under the *" Oaths Declaration. Act of 1867 " in the prescribed form or to the like effect ; " Factory "-A factory within the meaning of Factory. t" The Dairy Produce Acts, 1920 to 1939" ; " Indenture "-An indenture in the prescribed Indenture. form or to the like effect; "Marketing board "-A marketing board within Marketing the meaning of t" The Primary Producers' board. Organisation and Marketing Acts, 1926 to 1939": The term includes the State Wheat Board and the Committee of Direction appointed under §" The Fruit Marketing Organisation Acts, 1923 to 1940"; " Minister "-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being charged with the administration of this Act; " Person "-The term includes any body Person. corporate or any association of persons whatsoever; " Prescribed "-Prescribed by this Act; Prescribed. " Primary producer "-Every person, not being a Primary person engaged in primary production as an producer. employee on wages or piecework rates, engaged in the occupation of- (a) Dairy farmer, or (b) Wheat, maize, or cereal grower, or (c) Cane grower, or (d) Fruit grower, or (e) Farmer, whether engaged in general or mixed farming, cotton, potato, or vegetable growing, or poultry or pig raising, and the term" Primary produce" shall have a correlative meaning; * 31 Vic. No. 12, supra, page 2281. t 10 Geo. V. No. 15 and amending" Acts, supra, pages 9079 et seq. t 17 Geo. V. No. 20 and amending Acts, 8upra, pages 11659 et 8eq. § 14 Geo. V. No. 39 and amending Acts, 8upra, pages 10766 et seq.
17896 DROUGHT RELIEF. Dr01tght Relief to Primary Producers Act. 4 GEO. VI. No. 9, The Corporation of the Bureau of Rural Develop- ment or Corporation. This Act. Under- taking. "The Corporation of the Bureau of Rural Development" or " Corporation "-The Corporation of the Bureau of Rural Development constituted under *" The Rural Development Co-ordination of Advances Act of 1938 " ; " This Act "-This Act and all Orders in Council and regulations made or purporting to be made hereunder and for the time being in force; "Undertaking "-An undertaking in the prescribed form or to the like effect. FmEusetnnadbt. loisfh- Treas 3 u . ry (l. a ) TFhuenrde sthoalbl ebecaelsletadbl" isThhede aDnrdoukgehptt iRneltiheef Fund" (in this Act referred to as "the Fund"). Payments (2.) To the credit of the Fund there shall be paid into Fund. all moneys available from time to time for the purposes of drought relief. Application (3.) Subject to this Act, the Fund shall and may be of Fund. applied to the extent to which it extends in making advances by way of loan for the purposes of drought relief. Repayments (4.) Every repayment to the Corporation, whether to Fund. wholly or in part, of any loan for the purposes of drought relief shall be paid into the Treasury by the Corporation. Eligibility 4. No dairy farmer or other primary producer freolriedf.rought shall be eligible- (a) For an advance by way of loan from the Corporation for the purchase of fodder and/or water or for the purpose of any other approved drought relief; or (b) To participate in a distribution of fodder and/or water purchased and paid for or any other approved drought relief provided by any person, body corporate, or marketing board from an advance by way of loan from the Corporation to such person, body corporate, or marketing board, unless such dairy farmer or other primary producer- (i.) Has no fodder and/or water or, as the case may be, is in -need of such other approved form of drought relief; and * 14 Geo. V. No. 41 and amending Acts, supra, page 17384.
1940. DROUGHT RELIEF. D1"01tght Relief to IPrimary Producers Act. 17897 (ii.) Is unable to pay cash or to borrow money or to obtain credit for the purchase of fodder and/or water, or, as the case may be, for the provision of such other approved form of drought relief, and furnishes a declaration to that effect. 5. (1.) The amount of the purchase price of any fodder Under- and/or water purchased and paid for, or of the cost of taking. any other approved form of drought relief provided, by any person, body corporate, or marketing board from an advance by way of loan from the Corporation to such person, body corporate, or marketing board and distributed to such dairy farmer or other primary producer (together with the costs of such distribution) shall be deemed to be a loan to and shall be repayable by such dairy farmer or other primary producer in terms of the undertaking to pay such amount and costs which he shall give before the fodder and/or water or other drought relief is distributed to or provided for him. (2.) The unpaid balance of such amount and costs Interest. shall bear interest at the rate per centum required by the Corporation to be paid to it by any person, body corporate, or marketing board upon any such advance by way of loan to him or it at all times during which interest is so required to be paid. (3.) For the purpose of repaying such amount and Assignment. costs (together with interest thereon, if any), every dairy farmer or other primary producer shall assign the sum hereinafter mentioned to such person, body corporate, or marketing board from all moneys payable to him on and after such date as the Corporation shall fix for- (i.) In the case of a dairy farmer, milk, cream, and/or pigs; or (ii.) In the case of any other primary producer, any primary produce, produced on the farm or other property named in such assignment and supplied to such person, body corporate, or marketing board. Unless the Corporation otherwise permits, the sum so assigned shall be not less than five per centum of the amount payable at any time and from time to time of any such moneys as aforesaid.
17898 DROUGHT RELIEF. Drought Relief to Primary Producers Act. 4 GEO. VI. No. 9, !-nforcement 6. (1.) If any dairy farmer or other primary producer assignment. who has given an assignment to a person or body corporate or marketing board diverts his supply of milk, cream, and/or pigs or other primary produce to some other person, body corporate, or marketing board at any time subsequent to giving such assignment, such first- mentioned person, or body corporate, or marketing board may notify the other person, body corporate, or marketing board to whom or which such dairy farmer or other primary producer has diverted his supply of the existence of such assignment and of the amounts payable thereunder and the times at which such amounts are payable. Such notice shall require the other person, body corporate, or marketing board to whom or which it is given to retain and pay to the person, or body corporate, or marketing board who or which is the assignee sufficient of the moneys from time to tim~ payable by him or it to the dairy farmer or other primary producer concerned to meet the payments under such assignment. Any person, body corporate, or marketing board who fails to comply with the requirements of any such notice shall be guilty of an offence. Effect of (2.) An assignment shall remain in operation until assignment. the amount and costs (together with interest, if any, thereon) repayable under this section have been repaid in full and, while it remains in operation, every such assignment shall bind every person who supplies milk, cream, and/or pigs or, as the case may be, other primary produce from the farm or other property mentioned in such assignment. Indemnity. (3.) Any person, body corporate, or marketing board retaining or paying any moneys payable to any other person whomsoever for milk, cream, and/or pigs or, as the case may be, any other primary produce supplied from a farm or other property mentioned in an assignment in satisfaction of such assignment shall be deemed to act under the authority of the dairy farmer or other primary producer who gave the assignment and of all other persons concerned and is hereby indemnified accordingly. Provisions 7. Sections five .and six of this Act shall, mutatis ~ ~ ~ f: able mutandis, apply to and with respect to any advance by to .loans to way of loan from the Corporation to any dairy farmer odarITpYrI. mfaarrmy er or other primary producer • producer.
DROUGHT RELIEF. 17899 1940. Drought Relief to 'Primary Producers Act. 8. (1.) Subject to this Act, the Corporation may make Authority to advances from t.he Fund by way of loan to- tCoomrpaokraetion ( i • ) Any person or body corporate who or which awdavyanocfelsoabny. is the owner of a factory ; or (ii.) Any dairy farmer who is supplying or who usually supplies milk and/or cream (other than to a factory) for consumption as such; or (iii.) Any person, body corporate, or marketing board to whom or which any class of primary producers are supplying or usually supply their primary produce; or (iv.) Any primary producer other than a dairy farmer, for the purchase (subject as hereinafter prescribed) of fodder and/or water for dairy cattle, for the necessary working horses, and for pigs on any dairy farm of- (a) In the case of an advance to any person or body corporate mentioned in paragraph (i.) of this subsection, a dairy farmer who is supplying or who usually supplies milk, cream, and/or pigs to the factory owned by him or it; or (b) In the case of a dairy farmer mentioned in paragraph (ii.) of this subsection, such dairy farmer, or for the purpose of any other drought relief approved by the Governor in Council in the case of any other primary producer mentioned in paragraph (iii.) or paragraph (iv.) of this subsection. (2.) No advance by way ofloan shall be made under this Act to any person or body corporate or marketing board unless and· until an indenture has been duly made between the Corporation and such person, or body corporate, or marketing board embodying the terms, provisions, conditions, and stipulations upon and subject to which- (i.) If the person or body corporate who or which is a party to such indenture is the owner of a factory, such person or body corporate will purchase, pay for, and distribute fodder and/ or water to dairy farmers supplying or usually supplying milk, cream, and/or pigs to his or
17900 DROUGHT RELIEF. Drought Relief to Primary Producers Act. 4 GEO. VI. No. 9, ----- ,--" --------------- its factory and entitled under such indenture to be supplied with such fodder and/or water; (ii.) In the case of a person or body corporate mentioned in paragraph (i.) of this subsection, dairy farmers supplying or usually supplying milk, cream, and/or pigs to his or its factory shall be entitled to be supplied with fodder and/or water purchased and paid for by him or it from such advance, including the furnishing by each such dairy farmer of a declaration and the giving by him of an assignment and undertaking; (iii.) In the case of approved drought relief to primary producers other than dairy farmers, such person, body corporate, or marketing board will provide such drought relief for primary producers supplying or usually supplying their primary produce to him or it and entitled under such indenture to be provided with such drought relief; (iv.) Primary producers other than dairy farmers will be entitled to be supplied with drought relief provided from such advance including the furnishing by each such primary producer of a declaration and the giving by him of an assignment and undertaking; (v.) The person or body corporate or marketing board who or which is a party to such indenture will repay to the Corporation the advance by way of loan to him or it together with interest at the rate, if any, fixed by the Corporation. (3.) The Corporation shall not make an advance by way of loan hereunder to a dairy farmer supplying or usually supplying milk and/or cream (other than to a factory) for consumption as such unless it is satisfied that such farmer would, if he were supplying such milk and/or cream to a factory, be entitled to be supplied with fodder and/or water purchased and paid for from an advance by way of loan hereunder to the person or body corporate owning the factory, and such dairy farmer has furnished a declaration to it and given such security as the Corporation may require in his case.
.1940. DROUGHT RELIEF. Dr01tght Relief tolPrimary Producers Act. 17901 (4.) The Corporation shall not make an advance by way of loan hereunder to a primary producer other than a dairy farmer unless it is satisfied that such primary producer would, if he were supplying his primary produce to a person, body corporate, or marketing board, be entitled to be provided with drought relief from an advance by way of loan hereunder to such person, body corporate, or marketing board, and such primary producer has furnished a declaration to the Corporation and given such security as it may require in his case. 9. (1.) The terms, provisions, conditions, and Terms of stipulations of any advance by way of loan and terms :!vances. of repayment and all other matters necessary or incidental . to the repayment and enforcement of repayment of such advance together with interest thereon may be fixed by the Corporation at the time such advance is approved and, in the case of such advance to a person, body corporate, or marketing board, embodied in the indenture required by this Act. (2.) Every advance by way of loan under this Act Pr<?vision as shall bear interest on and from such date and at such! ~ ~ = ! es. rate per centum as the Corporation shall fix, but no such advance made before the first day of November, one thousand nine hundred and forty-one, shall bear interest until on and after such date. Moreover, for the securing the repayment of any advance by way of loan together with interest thereon to a dairy farmer or other primary producer, such dairy farmer or other primary producer shall and may execute in favour of the Corporation all such agreements, mortgages, charges, liens, assignments, or other instru- ments as the Corporation may require containing all such covenants, stipulations, rights, powers, and remedies in favour of the Corporation upon any default or non-compliance by the borrower with any of the terms of any agreement, mortgage, charge, lien, assign- ment or instrument as the Corporation may consider proper or as may be prescribed. ' ~ : " " } " " " " " " ,; 10. If in the OpInIOn of the Corporation Advances circumstances of emergency require any advance by to meet way of loan authorised to be made under this Act to emergency. be so made to a person, body corporate, or marketing board, before an indenture is made between the Corporation, and such person, body corporate, or
17902 DROUGHT RELIEF. Drought Relief to Primary Prodttcers Act. 4 GEO. VI. No. 9, marketing board, such advance may, notwithstanding anything contained in this Act, be made before the making of such indenture, and in that event such person, body corporate, or marketing board shall be deemed to have duly executed the prescribed form of indenture and shall be and be deemed to be bound by all of the terms, provisions, conditions, and stipulations thereof. utAoncdatedtrvoathanipcsepsly R ura 1 l 1 D . e S v u el b o j p e m ct en t t o C th o i - s or A d c in t, at e io v n ery of pro A v d i v s a io n n ce o s f A * c " tThoe . J .f Act. 1938" shall, mutatis mutandis, apply and extend with respect to advances by way of loan made under this Act. Certain acts, 12. (1.) Except as by this Act is otherwise provided, ~ : iIl: ~ !fred it is hereby declared that any person or body corporate or lawful. marketing board who or which is a party to an indenture is and shall be lawfully entitled to do and execute all such acts, matters, and things as are required or enabled by such indenture to be done or executed by him or it for the purposes of the due exercise and performance of the several covenants, provisions, stipulations, and conditions contained in such indenture and by him or it therein required or enabled to be 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, any such person or a body corporate or marketing board 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, or marketing board is and shall be lawfully and validly entitled to so require. Authority of (2.) Without limiting the generality of this section, ~ ~ ~ ; : ~ ~ on it is hereby further declared that the Corporation as a to audits party to any indenture is and shall be authorised to defined. cause the books and accounts of any person or body corporate or marketing board who or which is the other party to such 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 or marketing board has duly exercised and performed and is duly exercising and performing all covenants, agreements, stipulations, and conditions contained in such indenture. * 14 Geo. V. No. 41 and amending Acts, supra, page 17384.
DROUGHT RELIEF, 17903 1940. DJ'ought Relief to Primary Producers Act. 13. (1.) Where any body corporate which is a party Constru?tion t o an m' dent ure I'S a company WI' thm' the meanm'gf 0 Aofcctseritnam *" The Oompanies Act of 1931 " then and in every such relation to case ( and not W ' l thst anding anyth"Ing conta'med'In such this Act. last-mentioned 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 such indenture and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate is and shall be lawfully entitled to do and execute. (2.) Where any body corporate which is a party to an indenture is an association within the meaning of t" The Primary Producers' Oo-operative Associations Acts, 1923 to 1934," then, and in every such case (and notwithstanding anything contained in such last- mentioned 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 corporate to become and be a party to such indenture and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate is and shall be lawfully entitled to do and execute. (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. (4.) Where any marketing board is a party to an indenture then, and in every such case (and notwith- standing anything contained in ;" The Primary Producers' Organisation and Marketing Acts, 1926 to 1939 "), such * 22 Geo. V. No. 53, supra, page 13433. t 14 Geo, V, No. 45 and amending Acts, supra, pages 10776 et seq, t 17 Geo. V. No. 20 and amending Acts, 8upra, pages 11659 et seq.
17904 DROUGHT RELIEF. Drought Relief to Primary Producers Act. 4 GEO. VI. No. 9, marketing board shall have and be deemed to have at all material times power and authority enabling such marketing board to become and be a party to such indenture, and to do and execute all such acts, matters, and things as by this Act it is declared that such marketing board is and shall be lawfully entitled to do and execute. (5.) This section shall, m'utatis mutandis, apply and extend to and with respect to any society registered under *" The Industrial and Provident Societies Acts, 1920 to 1935," which is a party to an indenture. Power .and 14. (1.) The Corporation shall have and may aenuftohrocrelty to exerCI . se a 11 suchr·Ights and remed·les as may be con £ erred c~ r~ ain upon it by any indenture and, moreover, when any act, ~ ~ ~ ! ~ ~ ~ . matter, or thing is by an indenture directed or forbidden to be done by the person, or body corporate, or marketing board who or which is a party to such indenture and such person or body corporate fails, or marketing board fails, to do the act, matter, or thing so directed to be done or does 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, or marketing board by the Corporation as might have been maintained and recovered if the same indenture had been made between private persons only. (2.) Any person, or body corporate, or marketing board who or which is a party to an indenture shall have and may exercise all such rights and remedies as may be conferred upon him or it by any undertaking or assignment executed in his or its favour. Provisions 15. (1.) The authority of the Corporation as a ~~ ~r~ ~ dit party to any indenture to cause the books and accounts behalf of. of any person, or body corporate, or marketing board CorporatlOn. who or which is the other party to such indenture to be examined and/or audited may be exercised as follows, that is to say:- The Auditor-General may at any time and from time to time at the requt:ilSt- of the Corporation examine and/or audit, and the Corporation may on its own initiative at any time and from time to time cause any officer of the Public Service or any accountant appointed by it in that behalf to examine and/or audit the books * 10 Geo. V. No. 32 and amending Acts, supra, pages 9292 et seq.
DROUGHT RELIEF. 17905 1940. Drought Relief tOl Primary Producers Act. and accounts of such person, or body corporate, or marketing board, 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, or marketing board, and may make and take away with him any extract from any book or copy ofany such documents. (2.) If any person obstructs the Auditor-General, Offe~ ces in or any officer of the Public Service, or any accountant : ~ ~ ~ ~ ~ to 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 making 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 than 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 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 or a member of a marketing board which is a party to an 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 Duti~ s of principal officer of any bank with which a person, or ;: : ~: in body corporate, or marketing board who or which is a resp~ et of party to an indenture has deposited any moneys, whether audIts.
17906 DROUGHT RELIEF. Drought Relief to Primary Producers Act. 4 GID. VI. No. 9, 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 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. Aofpspelcictiaotnio.n havin( 4g.) thTehicsussetcotdioynosrhaplol saspepssliyoannodfeaxnteyndbotooka, naycpceorusnot,n. register, document, or writing of any such person, or body corporate, or marketing board as aforesaid. Penalty. 16. (1.) If any person is guilty of an offence against this Act for which no specific penalty is prescribed he shall be liable to a penalty not exceeding fifty pounds and, in addition liable, in the cfitse of an individual person, to a penalty of not more! than five pounds or, in the case of a corporate body, to a penalty of not more than twenty pounds, for each and every day during which such offence is continued after a conviction therefor. Recovery (2.) All penalties incurred for any offence against of penalties. this Act may be recovered in a summary way under *" The Justice8 Acts, 1886 to 1932." Proceedings for an offence against this Act may be instituted at any time within six months after the commission of the offence or within four months after the discovery thereof by the complainant, whichever is the later period. Application 17. The forms set forth in the Schedule to the : ! ~ ~ ~ The Regulations in force under t" The Rural Development Rural, Oo-ordination of Advance8 Act of 1938," with such g~ ~ ~ f: : : : . m modifications as the circumstances may require, may be tion of used under this Act for the purposes for which they are AAdcvtaonfc 1 e 9 8 38." respec t· IVe I y applicable: * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. t 14 Geo. V. No. 41 and amending Acts, Bupra, page 17384.
1940. DROUGHT REI..IEF. Drought Relief to Primary Producers Act. 17907 Provided that no such form shall be deemed invalid if it is to the effect of the proper form in the said Schedule set forth with such modifications as the circumstances may require. 18. The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the power to make regulations hereunder, regulations may be made for or in respect of all or any of the following matters and things, namely;- (a) Forms of indentures, declarations, assign- ments, and undertakings; (b) All matters required or permitted by this Act to be prescribed. 19. (1.) All Orders in Council and regulations made Ordel'l! in or purporting to have been made under this Act shall be ~ foil, &0., published in the Gazette and thereupon shall be of the p~ ~ Z; : ; this same effect as if they were enacted in this Act and shall Aot. be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation. (2.) The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council. (3.) No misnomer or inaccurate description or omission in or from any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject-matter, provided the same is designated so as to be understood. (4.) All Orders in Council and regulations shall be To be laid laid before the Legislative Assembly within fourteen ~ : ~ ~ : ment. days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.
17908 DROUGHT RELIEF. Drought Relief to PrimMY Producers Act. 4 GEO. VI. No. 9, 1940. If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make any fresh Order in Council or regulation. For the purposes of this subsection, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. Validation 20. Any advance by way of loan from the oadf vcaenrtcaeisn by Corporation made and any indenture made or way of loan declaration furnished or assignment or undertaking :~ ~ ought given prior to the passing of this Act which would have been valid and lawful if the same were made or given subsequent to the passing of this Act, shall for all purposes be as valid and lawful and have operation and effect as if the same were made or given after the passing of this Act.
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