Farm Water Supplies Assistance Act and Another Act Amendment Act 1989 (Qld)

470 FARM WATER ASSISTANCE ACT AND ACT AMENDMEN T AC T No. 41 of 1989 ANALYSIS OF CONTENTS 1. Short title PART I-PRELIMINARY PART II-AMENDMENTS OF FARM WATER SUPPLIES ASSISTANCE ACT 1958-1984 2. Citation 3. Dissolution of Farm Water Supplies Assistance Authority and closure of Fund 4. Transfer of assets and liabilities 5. Amendment of s. 2. Interpretation 6. Amendment of s. 4. Application for an advance 7. Repeal of and new s. 5. Dealing with Application Dealing with application 8. Repeal of and new s. 6. Bank to make advances Corporation to make advances 9. Repeal of ss. 7, 8 and 9 10. Repeal of ss. 10 and I I 11. Amendment of s. 12. Works of joint water supply 12. Repeal of s. 13. Commissioner may carry out works where advance is not made 13. Amendment of s. 14. Commissioner may carry out investigations, prepare estimates, etc. 14. Repeal of ss. 15, 16 and 17 15. Repeal of and new s. 17A. Vesting of certain borrowings Vesting of certain borrowings 16. Repeal of ss. 17B, 17C and 17D 17. Repeal of ss. 17E, 17F and 17G PART III-AMENDMENTS OF WATER RESOURCES ADMINISTRATION ACT 1978-1984 18. Citation 19. Amendment of s. 21. Annual Report

471 ANNO TRICESIMO OCTAVO EL,IZA ETAE SECUN D AE REGINAE No. 41 of --1, 1989 An Act to amend the Farm Water Supplies Assistance Act 1958 - 1984 and the WaterResourcesAdministrationAct 1978- 1984 each in certain particulars and for a related purpose [ASSENTED TO 5TH MAY, 1989]

472 Farm Water Supplies Assistance Act and Another Act Amendment Act 1989, No. 41 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 1989. PART II-AMENDMENTS OF FARM WATER SUPPLIES ASSISTANCE ACT 1958-1984 2. Citation . (1) In this Part the Farm Water Supplies Assistance Act 1958-1984 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 1958-1989. 3. Dissolution of Farm Water Supplies Assistance Authority and closure of Fund . On and from the commencement of this Act the Farm Water Supplies Assistance Authority constituted under the Principal Act shall cease to exist and The Farm Water Supplies Assistance Fund shall be closed. 4. Transfer of assets and liabilities . (1) All moneys that immediately prior to the commencement of this Act are standing at credit in The Farm Water Supplies Assistance Fund together with interest accrued and due thereon shall, on and from that commencement, become and be vested in the Queensland Industry Development Corporation Agency Fund within the Trust and Special Funds of the Public Accounts. (2) All property of the Farm Water Supplies Assistance Authority (in this section referred to as "the former Authority") shall on and from the commencement of this Act be divested from the former Authority and vested in the Corporation. (3) On and from the commencement of this Act- (a) all contracts entered into by or. on behalf of the former Authority; and (b) all guarantees, undertakings and securities given by, or on behalf of the former Authority, and in force immediately before that commencement shall be deemed to have been entered into, or as the case may be, given by or to the Corporation and may be enforced against or by the Corporation accordingly. (4) All debts due and owing and moneys payable by and liquidated or unliquidated claims recoverable against the former Authority and subsisting immediately before the commencement of this Act shall, on and from that commencement become and be debts due and owing or moneys payable by or, as the case may be, claims recoverable against the Corporation.

Farm Water Supplies Assistance Act and Another Act Amendment Act 1989, No. 41 473 (5) Immediately on the passing of this Act, the former Authority and all persons connected with the operations thereof shall do all acts and things necessary or desirable to facilitate the transfer to the Corporation or its nominee of- (a) all contracts , agreements , guarantees , undertakings and securities entered into or given by or to the former Authority; and (b) all documents, writings and other records pertaining to the operations of the former Authority. 5. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended 'by- (a) omitting the term "Authority" and its meaning; (b) omitting the term "Bank" and its meaning; (c) inserting after the term "Commissioner" and its meaning the following term and meaning:- ""Corporation"-The Queensland Industry Development Corporation under and within the meaning of the QueenslandIndustry Development Corporation Act 1985 as amended from time to time;"; (d) omitting the term "Fund" and its meaning. 6. Amendment of s. 4. Application for an advance . Section 4 of the Principal Act is amended by- (a) in the first paragraph, omitting the word "Commissioner" and substituting the word "Corporation"; (b) omitting the second paragraph. 7. Repeal of and new s. 5. Dealing with application . The Principal Act is amended by repealing section 5 and substituting the following section:- "5. Dealing with application . An application for an advance made under this Act shall be dealt with by the Corporation under, subject to and in accordance with the Queensland IndustryDevelopment Corporation Act 1985 as amended from time to time.". 8. Repeal of and new s. 6. Bank to make advances . The Principal Act is amended by repealing section 6 and substituting the following section:- "6. Corporation to make advances . (1) The Corporation may, for the purposes of this Act, make an advance by way of loan on such security as the Corporation may require and nothing in this Act shall require or be deemed to require the Corporation to make any advance in respect of which security as required by the Corporation is not given to its satisfaction. 16

474 Farm Water Supplies Assistance Act and Another Act Amendment Act 1989, No. 41 (2) The Corporation shall have and may exercise with respect to any advance made for the purposes of this Act, and any and every security taken by it in relation to such advance, all such powers, rights, remedies and protection as it has in respect of a like advance under the Queensland Industry DevelopmentCorporation Act 1985 as amended from time to time and all of the provisions of that Act shall, with and subject to all necessary adaptations, apply and extend accordingly.". 9. Repeal of ss. 7, 8 and 9 . The Principal Act is amended by repealing sections 7, 8 and 9. 10. Repeal of ss. 10 and 11 . The Principal Act is amended by repealing sections 10 and 11. 11. Amendment of s. 12. Works of joint water supply . Section 12 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The amount of every advance made under this section shall be repaid as a debt due and owing jointly by all the owners to whom the advance was made in such proportions as are agreed upon by and between or among them and notified to the Corporation.". 12. Repeal of s. 13. Commissioner may carry out works where advance is not made . The Principal Act is amended by repealing section 13. 13. Amendment of s. 14. Commissioner may carry out investigations, prepare estimates , etc. Section 14 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word "may" the words "provide advice,"; (b) in subsection (1), omitting paragraph (a) and substituting the following paragraph:- "(a) Provide technical, supervisory or other advice for the development of works on any farm lands;"; (c) in subsection (2)- (i) omitting the words "supervision or"; (ii) in paragraph (b), omitting the words "under and in accordance with the provisions" and substituting the words "for the purposes"; (iii) in paragraph (c), omitting the words "under and in accordance with the provisions" and substituting the words "for the purposes"; (d) in subsection (3)- (i) omitting the words "supervision or"; (ii) omitting the words "under and in accordance with the provisions" where twice occurring and substituting the words "for the purposes" in each case;

Farm Water Supplies Assistance Act and Another Act Amendment Act 1989, No. 41 475 (iii) omitting the word "Bank" where twice occurring and substituting the word "Corporation" in each case. 14. Repeal of ss. 15, 16 and 17. The Principal Act is amended by repealing sections 15, 16 and 17. 15. 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 deemed to have been borrowed by the Farm Water Supplies Assistance Authority constituted under this Act (in this section referred to as "the former Authority") for the purposes of this Act prior to the commencement of the Farm Water Supplies Assistance Act and Another Act Amendment Act 1989 shall on and from that commencement be deemed to have been borrowed by the Corporation on the same terms and conditions on which those moneys were borrowed or deemed to have been borrowed by the former Authority. For the purposes of this section, a reference to the former Authority in any debenture, bond or inscribed stock issued by the former Authority or in any other document or instrument made in respect of any borrowings to which this section applies shall be construed as a reference to the Corporation.". 16. Repeal of ss. 17B , 17c and 17D. The Principal Act is amended by repealing sections 17B, 17c and 17D. 17. Repeal of ss. 17E, 17F and 17G. The Principal Act is amended by repealing sections 17E, 17F and 17G. PART III-AMENDMENTS OF WATER RESOURCES ADMINISTRATION ACT 1978-1984 18. Citation . (1) In this Part the Water Resources AdministrationAct 1978-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Water Resources Administration Act 1978-1989. 19. Amendment of s. 21. Annual report . Section 21 of the Principal Act is amended in subsection (1) by omitting the second paragraph.