Farm Water Supplies Assistance Act and Another Act Amendment Act 1984 (Qld)

402 'era kI "' _ U Ni "- A. C TIUCESIM® TERTIO ELIZA ET AE S E C U ND AE R E GIN A E No. 37 of 1984 Act to amend the F arm i T"Ier Supplies Ass ist an ce Act 1958 - 1979 and the ' 7^^'L resources A dm i nis tration Act 1978- 1981 each in ce rtain p art icu [ASSENTED TO 9TH MAY, 1984]

Farm Water Supplies Assistance Act and Another Act Amendment Act 1984, No. 37 403 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Farm Water Supplies Assistance Act and Another Act Amendment Act 1984. 2. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF FARM WATER SUPPLIES ASSISTANCE ACT 1958-1979; PART III-AMENDMENT OF WATER RESOURCES ADMINISTRATION ACT 1978-1981. PART II-AMENDMENTS OF FARM WATER SUPPLIES ASSISTANCE ACT 1958-1979 3. Citation . (1) In this Part the Farm Water Supplies Assistance Act 1958-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Farm Water Supplies Assistance Act 1958-1984. 4. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by- (a) before the term " Bank " and its meaning, inserting the following term and meaning:- " " Authority "-The corporation sole constituted by section 17B under the name and style " Farm Water Supplies Assistance Authority";"; (b) omitting the term " Minister " and its meaning and substituting the following term and meaning: " " Minister "-The Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the functions of the Minister;". 5. Amendment of s. 17. Farm Water Supplies Assistance Fund. Section 17 of the Principal Act is amended by- (a) in subsection (2), in paragraph (a), omitting the words " by the Commissioner " and substituting the words " and received by the Authority "; (b) in subsection (3), in paragraph (b), omitting the word "Commissioner " where it twice occurs and substituting the word "Authority " in each case.

404 Farm Water Supplies Assistance Act and Another Act Amendment Act 1984, No. 37 6. Repeal of and new s . 17A. Vesting of certain borrowings. The Principal Act is amended by repealing section 17A and substituting the following section:- " 17A. Vesting of certain borrowings . All moneys borrowed or declared to have been borrowed by the Commissioner for the purposes of this Act prior to the commencement of the Farm Water Supplies Assistance Act and Another Act Amendment Act 1984 shall on and from that commencement be deemed to have been borrowed by the Authority under the authority of this Act upon the same terms and conditions upon which those moneys were borrowed or declared to have been borrowed by the Commissioner and for that purpose- (a) references to the Commissioner in any debenture, bond or inscribed stock issued by the Commissioner or in any other document or instrument made in respect of any such borrowings shall be read and construed as references to the Authority; and (b) the provisions of sections 17B, 17c, 17D and 17E of the Farm Water Supplies Assistance Act 1958-1979 shall, notwithstanding the repeal of those provisions by the Farm Water Supplies Assistance Act and Another Act Amendment Act 1984, continue to apply as if references therein to the Commissioner were references to the Authority.". 7. Repeal of ss. 17B, 17C, 17D and 17E and new ss . 17B, 17C, 17D, 17E, 17F and 17G. The Principal Act is amended by repealing sections 17B, 17c, 17D and 17E and substituting the following sections:- " 17B. Farm Water Supplies Assistance Authority. (1) The Minister is hereby constituted a corporation sole under the name and style " Farm Water Supplies Assistance Authority " and under that name and style shall have perpetual succession and an official seal. (2) All courts, judges, justices and other persons acting judicially shall take judicial notice of the Minister's signature and of the official seal of the Authority affixed to any document or writing. (3) It shall be presumed until the contrary is proved that the official seal of the Authority and the signature of the Minister affixed to any document or writing was duly so affixed. 17C. Custody of official seal of Authority. (1) The official seal of the Authority shall be in the custody of the Minister and may be affixed by him or by any other person authorized in that behalf by the Authority. (2) An authorization for the purposes of subsection (1) shall be in writing under the official seal of the Authority. 17D. Legal capacities of Authority. (1) The Authority shall be capable in law of- (a) suing and being sued;

Farm Water Supplies Assistance Act and Another Act Amendment Act 1984, No. 37 405 (b) compounding or proving in a court of competent jurisdiction all debts and sums of money due to it; and (c) doing and suffering all such acts and things as bodies corporate may in law do and suffer or as are prescribed by this Act. 17E. Authority represents the Crown. The Authority represents the Crown and, subject to this Act, has and may exercise and claim all the powers, privileges, rights and remedies of the Crown. 17F. Function of Authority. The function of the Authority is to borrow or raise money for the purposes of this Act. 17G. Financial arrangements . For the purpose of discharging its function the Authority is empowered to enter into financial arrangements within the meaning of the Statutory Bodies FinancialArrangements Act1982 with the Treasurer or any other person and in respect of the Authority as a statutory body within the meaning of that Act the provisions of Part IV of that Act other than sections 23, 25 (1) (i), 32 to 37 (both inclusive), 46 and 47 (1) and (2) apply.". 8. Amendment of s. 18. Regulations . Section 18 of the Principal Act is amended by omitting subsection (2). PART III-AMENDMENT OF WATER RESOURCES ADMINISTRATION ACT 1978-1981 9. Citation . (1) In this Part the Water Resources Administration Act1978-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Water Resources Administration Act1978-1984. 10. Amendment of s. 21. Annual report. Section 21 of the Principal Act is amended in subsection (1) by inserting at the end thereof the following paragraph: " The report shall include information on the operation of the Farm Water Supplies Assistance Authority constituted under the Farm Water Supplies Assistance Act 1958-1984.".