Farmers' Assistance Act Amendment Act 1971 (Qld)

385 (Qu$ nsfitxtr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 26 of 1971 An Act to Amend the Farmers ' Assistance ( Debts Adjustment) Act 1967-1970 in certain particulars [ASSENTED TO 22ND APRIL, 1971 ] 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: - 1. Short title and citation . (1) This Act may be cited as the Farmers' Assistance Act Amendment Act 1971. 13

386 Farmers' Assistance Act Amendment Act 1971, No. 26 (2) The Farmers' Assistance (Debts Adjustment) Act 1967-1970 is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Farmers' Assistance Act 1967-1971. 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by (a) omitting from the proviso all words from and including the words " and the Corporation " to the end of the proviso; (b) adding the following paragraph:- " The Corporation of the Agricultural Bank constituted under the Co-ordination of Rural Advances and Agricultural Bank Act 1938-1969 at all times has had and could properly exercise, and shall continue to have and may exercise, in respect of any assistance given by way of loan all rights and remedies possessed by it or secured to it under or pursuant to the repealed Acts or under or pursuant to this Act as it stood immediately prior to the date of commencement of the Farmers'Assistance (DebtsAdjustment) Act Amendment Act1970.". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the definition " Board " the following definition- __ .• Executive Director "-The person holding at the material time the appointment of Executive Director appointed pursuant to section 10 of this Act. The term includes any person for the time being performing the duties of Executive Director;"; (b) inserting after the definition " Minister " the following definition:- =6 == Operating expenses "-In relation to assistance sought or given under this Act, expenses reasonably incurred in the proper conduct of the farming operations carried on by the applicant for such assistance;"; (c) inserting after the definition " Registrar " the following definition:- "; Rural Reconstruction Fund "-The fund established and maintained at the Treasury pursuant to section 13A of this Act under the name Rural Reconstruction Fund ". 4. Repeal and re-enactment of s. 10. The Principal Act is amended by repealing section 10 and inserting in its stead the following section:- " 10 . Officers. (1) For the purposes of this Act the Governor in Council may appoint an Executive Director, a Registrar of Applications and such other officers as he considers necessary for the effectual administration of this Act.

Farmers' Assistance Act Amendment Act 1971, No. 26 387 (2) An appointment pursuant to subsection (1) of this Act shall be made and the appointee shall hold the appointment under, subject to, and in accordance with the Public Service Act1922-1968. (3) An officer of the Public Service of Queensland may be appointed as Executive Director, Registrar, or as any other officer for the purposes of this Act in addition to the position held by him in such public service and the appointee may hold the appointment in conjunction with that position. (4) The Executive Director- (a) may lawfully execute documents on behalf of the Board and may lawfully affix thereto the common seal of the Board; (b) shall be responsible to the Board for the proper administration of its affairs; (c) shall be charged with such functions and may exercise such powers as are prescribed, or as are allotted to or conferred on him by the Board consistently with this Act.". 5. Repeal and re-enactment of s. 13 . The Principal Act is amended by repealing section 13 and inserting in its stead the following section:- " 13. Federal Aid Rehabilitation Fund . (1) The Federal Aid Rehabilitation Fund established at the Treasury pursuant to the repealed Act shall be maintained at the Treasury. (2) Assistance to or for the benefit of farmers may be given by the Board -under the State scheme referred to in the Loan(Farmers' Debt Adjustment) Act1935-1950 of the Commonwealth subject to section 7 of that Act and, if given, payments in respect thereof shall be made out of the Fund under, subject to and in accordance with the provisions of this Act that apply with respect to such assistance. (3) All payments made by way of repayment of or otherwise in respect of assistance given to or for the benefit of farmers pursuant to the State scheme referred to in the Loan (Farmers'Debt Adjustment) Act1935-1950 of the Commonwealth shall be paid into and form part of the Fund and for the purposes of section 7 of that Act moneys paid into the Fund pursuant to this subsection shall be deemed to be moneys granted to the State under that Act.". 6. New s. 13A. The Principal Act is amended by inserting after section 13 the following section:- " 13A. Rural Reconstruction Fund . (1) There shall be established and maintained at the Treasury a fund under the name Rural Reconstruction Fund.

388 Farmers ' Assistance Act Amendment Act 1971, No. 26 (2) There shall be paid to and form part of the Rural Reconstruction Fund- (a) moneys received by the State from the Commonwealth by way of loan or grant for the purposes of rural reconstruction as agreed from time to time between the Government of the State and the Government of the Commonwealth; (b) repayments of advances made to or for the benefit of farmers for debt reconstruction, operating expenses, purchase of livestock, property development, acquisition of additional land and improvements or for other purposes of rural reconstruction, other than repayments ' that are required by section 13 of this Act to be paid to the Fund; (c) proceeds of sale of any property, real or personal, pursuant to an arrangement made between the Board and a farmer for the purpose of farm build-up or other purpose of rural reconstruction; (d) moneys allotted by the Government of the State for payment thereto; (e) interest, commission and other income derived by the Board that in the Board's opinion should be credited thereto. (3) Subject to any Act of the Commonwealth passed after the date of commencement of the Farmers' Assistance Act Amendment Act 1971 that regulates, at the material time, the disposal of moneys advanced or granted by the Commonwealth to the State for the purposes of rural reconstruction, there shall be paid from the Rural Reconstruction Fund- (a) moneys approved by the Board to be applied as assistance to or for the benefit of farmers for debt reconstruction, operating expenses, purchase of livestock, property development, acquisition of additional land and improvements or for other purposes of rural reconstruction; (b) repayments to the Commonwealth of moneys advanced by the Commonwealth to the State pursuant to agreement between the Government of the Commonwealth and the Government of the State for the purposes of rural reconstruction; (c) all expenditure of the Board incurred in connexion with the proper exercise of its powers and the proper performance of its functions under this Act.". 7. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Application for rural reconstruction . (1) Any farmer may apply to the Board for assistance for debt reconstruction, operating expenses, purchase of livestock, property development, acquisition of additional land and improvements or for any other purpose of rural reconstruction.

Farmers' Assistance Act Amendment Act 1971, No. 26 389 (2) An application under subsection (1) of this section shall be in the form prescribed or, whenever a form is not prescribed, in a form determined by the Board and, if it is so required by this Act or by the Board, as the case may be, shall be verified by the statutory declaration of the applicant under The Oaths Acts 1867 to 1960. The applicant shall furnish to the Board in connexion with his application such information as the Board requires of him.". 8. Amendment of s. 15 . Section 15 of the Principal Act is amended by, in subsection (1), inserting after the words " section 14 ", where they occur in paragraph (a), the words " or section 14A ". 9. Amendment of s. 16 . Section 16 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words section 14 " the words " or section 14A "; (ii) inserting after the words " scheme of arrangement ", where they firstly occur, the words " or other purpose for which assistance is sought "; (iii) inserting after the words " scheme of arrangement ", where they secondly occur, the words " or other such purpose "; (b) in subsection (3), inserting after the words " scheme of arrangement " the words " or other purpose for which assistance is sought "; (c) in subsection (4), inserting after the word " scheme " the words " or other purpose for which assistance is sought ". 10. Amendment of s. 17. Section 17 of the Principal Act is amended by inserting after the words " section 14 " the words " or section 14A ". 11. New s. 18A. Thp Principal Act is amended by inserting after section 18 the following section:- " 18A. Assistance for rural reconstruction . (1) The assistance approved by the Board to be given to or for the benefit of an applicant under section 14A of this Act for debt reconstruction, operating expenses, purchase of livestock, property development, acquisition of additional land and improvements or for other purposes of rural reconstruction- (a) shall be given upon subject to such terms and conditions and, where security is taken, upon such security as the Board approves; (b) shall be given in accordance with such stipulations and requirements as are, at the material time, agreed between the Government of the Commonwealth and the Government of the State with respect to the provision of moneys by the Commonwealth for any of those purposes;

390 Farmers ' Assistance Act Amendment Act 1971, No. 26 (c) shall be given in accordance with the applicable provisions of any Act. of the Commonwealth passed after the date of commencement of the Farmers' Assistance Act Amendment Act 1971 that regulates, at the material time, the disposal of moneys advanced or granted by the Commonwealth to the State for the purposes of rural reconstruction. (2) In respect of an application made to it under section 14A of this Act the Board may grant assistance by way of a guarantee in whole or in part of the payment of any debt or debts owed by the applicant and of interest thereon at a rate determined by the Board.". 12. Amendment of s. 19 . Section 19 of the Principal Act is amended by inserting after the words " section 14 " the words " or section 14A ". 13. Amendment of s. 20 . Section 20 of the Principal Act is amended b66yo, rinsescutibosne1c4tiAon". ( 1), inserting after the words " section 14 " the words 14. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (1)- (a) inserting after the words " of this Act " where they firstly occur the words " or of an application under section 14A of this Act that seeks assistance for the purpose of debt reconstruction,"; (b) adding at the end thereof the words " or debt reconstruction ". 15. Amendment of s. 22 . Section 22 of the Principal Act is amended by, in subsection ( 1) inserting in paragraph (a) after the words 66 section 14 " the words " or subsection (2) of section 14A ". 16. Amendment of s. 29 . Section 29 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsections:- "(2) A transaction that purports to be a lease, transfer, assignment or other disposition of property that is security to the Board for assistance given by the Board under this Act is void save- (a) where the Board's consent thereto has been first had and obtained; or (b) where the transaction is entered into by a person to whom the property is security for moneys owing to him in the due exercise by him of rights and remedies had by him in law in relation to his security. (3) Upon- (a) the Board's consent being sought to a lease, transfer, assignment or other disposition of property referred to in subsection (2) of this section: or (b) the succession of any person to such property pursuant to the death of another,

Farmers' Assistance Act Amendment Act 19'71, No. 26 391 the Board may review the state of its security and require any person to enter into such covenants in relation to the security as the Board requires and where the Board's requisition is not complied with the Board may refuse its consent or, as the case may be, exercise all the rights and remedies had by the Board in relation to its security as if there had been a breach of the covenants of its security.".