Farmers' Assistance (Debts Adjustment) Act Amendment Act 1970 (Qld)

392 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1970 An Act to Provide for the establishment of a Rural Recon- struction Board and to Amend The Farmers ' Assistance (Debts Adjustment ) Act of 1967 in certain particulars [ASSENTED TO 16TH DECEMBER, 1970] 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 (Debts Adjustment) Act Amendment Act 1970. (2) The Farmers' Assistance (Debts Adjustment) Act of 1967 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be collectively cited as the Farmers' Assistance (Debts Adjustment) Act 1967-1970. 2. Commencement of Act. The provisions of this Act other than of section 1 and this section shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Farmers' Assistance (Debts Adjustment) Act Arndt Act 1910, 11 to. 29 393 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the definition " bank "; (b) omitting the definition " Board " and inserting in its stead the following definition:- " " Board "-The Rural Reconstruction Board constituted under this Act;"; (c) omitting the definition " Minister " and inserting in its stead the following definition:- " " Minister "--The Minister for Lands or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a person temporarily performing the duties of the Minister;". 4. Repeal of and new s . 4. The Principal Act is amended by repealing section 4 and inserting in its stead the following section:- " 4. Administration . This Act shall be administered by the Board, subject to the Minister, and by such officers as are appointed for the purposes of this Act.". 5. New s. 5. The Principal Act is amended by inserting after section 4 the following section:- " 5. Constitution of Board . (1) There shall be constituted a Rural Reconstruction Board of seven members which by that name shall be a body corporate having perpetual succession and a common seal which shall be judicially noticed and which shall be capable in law of acquiring and holding property, absolutely or by way of security, of leasing or disposing of property, of suing or being sued, of compounding or proving in a court of competent jurisdiction all debts or sums of money due to it and of doing and suffering all acts and things that bodies corporate may in law do and suffer. In addition to the powers conferred on it by the foregoing provisions of this section the Board shall have such powers and functions as are conferred upon or entrusted to it by this Act. (2) The members of the Board shall be appointed by the Governor in Council by notification published in the Gazette and shall comprise- (a) a chairman who shall be appointed as such by the Governor in Council; (b) a member of the Land Administration Commission who shall be nominated by the Minister; (c) a representative of the Department of Primary Industries who shall be nominated by the Minister administering that department; (d) two members appointed as representative of creditors of farmers; (e) two members who in the opinion of the Governor in Council are experienced in farming operations.

394 Farmers' Assistance (Debts Adjustment) Act Amdt Act 1970, No. 29 (3) By the notification of appointment of the whole number of members of the Board the Governor in Council shall appoint and thereafter may as occasion requires appoint from amongst the members of the Board (other than the chairman) a deputy chairman who, whenever there may be no chairman or in the absence of the chairman, shall preside at meetings of the Board and, while he acts in the place of the chairman, shall have and may exercise all the powers and functions of the chairman. (4) Notwithstanding the provisions of any other Act a person shall not be deprived of or be ineligible to hold any office held by him under any Act or to which he might otherwise be appointed under any Act by reason of his appointment to the office of chairman of the Board.". 6. New ss. 6, 7, 8 and 9 . The Principal Act is amended by inserting after section 5 as inserted by this Act the following sections:- " 6. Term and vacation of office and casual vacancies . (1) The term of appointment to membership of the Board shall commence on the date of notification of the appointment in the Gazette and, save in the case of an appointment to a casual vacancy, shall be for three years. A member of the Board shall be eligible for re-appointment to membership of the Board. (2) The office of a member of the Board shall thereupon be vacant if- (a) he dies; (b) he resigns in writing addressed to and delivered to the Minister; (c) he is removed from office by the Governor in Council (who is thereunto hereby authorized) by written notification given to him. (3) When a vacancy occurs in the office of a member of the Board before the expiration of the term of his appointment the Governor in Council may appoint another person to that office. Unless his office sooner becomes vacant as prescribed by the last preceding subsection, a person appointed to fill such a casual vacancy shall hold office until the time when his predecessor's term of appointment would have expired. 7. Remuneration of Board members . The members of he Board shall be paid such remuneration, by way of salary, fees, allowances or payment of expenses, as the Governor in Council from time to time determines. 8. Conduct of Board ' s business . (1) The business of the Board shall be conducted as prescribed and, in so far as not prescribed, as the Board determines. (2) A matter shall not be dealt with by a meeting of the Board unless a quorum of members entitled to vote on that matter is present. A quorum of the Board shall be four members.

Farmers' Assistance (Debts Adjustment) Act Amdt Act 1970, No. 29 395 (3) Any matter before a meeting of the Board shall be determined by vote of the majority of members present at the meeting and entitled to vote on the matter and in the event of an equality of votes upon any matter the person who presides at the meeting at the time the vote is taken shall have a second or casting vote. A member of the Board who, being present at a meeting and entitled to vote on a matter, abstains from voting on that matter shall be taken to have voted in the negative. 9. Validity of Board ' s proceedings . An act or proceeding of the Board shall not be invalidated or prejudiced by reason of the fact that at the time it was done or taken there was a vacancy in the office of any member or there was a defect in the appointment of any member.". 7. Renumbering certain sections . The Principal Act is amended by renumbering the sections specified in the first, third and fifth columns of the Schedule to this Act with the numbers respectively set opposite those sections in the second, fourth and sixth columns of the Schedule respectively. 8. Amendment of s, 10 . Section 10 of the Principal Act (as renumbered) is amended by omitting subsection (3). 9. Amendment of s. 11 . Section 11 of the Principal Act (as renumbered) is amended by, in subsection (3), omitting from paragraph (c) the words " sixteen, seventeen or eighteen " and inserting in their stead the numerals and word " 21, 22 or 23 ". 10. Amendment of ss. 15, 16 and 17. Section 15, 16 and 17 of the Principal Act (as renumbered) is each amended by omitting the word " nine " and inserting in its stead in each case the numeral " 14 ". 11. Amendment of s. 18. Section 18 of the Principal Act (as renumbered) is amended by, in subsection (1)- (a) omitting the word "nine" and inserting in its stead the numeral " 14 "; (b) omitting the words " the Bank, upon the recommendation of the Board," and inserting in their stead the words " the Board ". 12. Amendment of ss . 19 and 20. Section 19 and 20 of the Principal Act (as renumbered) is each amended by omitting the word " nine " and inserti ng in its stead in each case the numeral " 14 ". 13. Amendment of s. 21 . Section 21 of the Principal Act (as renumbered) is amended by- (a) in subsection (1), (i) omitting the word " nine " and inserting in its stead the numeral " 14 "• (ii) omitting the word " seventeen " and inserting in its stead the numeral " 22 "; (b) in subsection (3), omitting the word " seventeen " and inserting in its stead the numeral " 22 ".

396 Farmers ' Assistance (Debts Adjustment) Act Amdt Act 1970, No. 29 14. Amendment of s. 22 . Section 22 of the Principal Act (as renumbered) is amended by- (a) omitting from the note to the section appearing in and at the beginning of the section the numeral " 16 " and inserting in its stead the numeral " 21 "; (b) in subsection (1), (i) omitting from the general words at the commencement of the subsection the word " sixteen " and inserting in its stead the numeral " 21 "; (ii) omitting from paragraph (a) the word " nine " and inserting in its stead the numeral " 14 "; (iii) omitting from the general words at the end of the subsection the word " sixteen " and inserting in its stead the numeral " 21 "; (c) in subsection (2), (i) omitting the word " sixteen " and inserting in its stead the numeral " 21 "; (ii) omitting the word " Bank " wherever it occurs and inserting in its stead in each case the word " Board ". 15. Amendment of ss. 23 and 24 . Section 23 and 24 of the Principal Act (as renumbered) is each amended by omitting the word " sixteen " and inserting in its stead in each case the numeral " 21 ". 16. Amendment of s. 25. Section 25 of the Principal Act (as renumbered) is amended by omitting the words " sixteen, seventeen, eighteen and nineteen " and inserting in their stead the numerals and word " 21, 22, 23 and 24 ". 17. Amendment of s. 26 . Section 26 of the Principal Act (as renumbered) is amended by- (a) omitting the words " sixteen, seventeen, eighteen and nineteen " and inserting in their stead the numerals and word " 21, 22, 23 and 24 "; (b) omitting the words " section sixteen " and inserting in their stead the word and numeral " section 21 ". 18. Amendment of s. 29 . Section 29 of the Principal Act (as renumbered) is amended by omitting the word " sixteen " and inserting in its stead the numeral " 21 ". 19. Repeal of and new s. 31. The Principal Act is amended by repealing section 31 (as renumbered) and inserting in its stead the following section :- " 31. Recovery of moneys advanced . All assistance given under this Act shall be given by the Board and all moneys due and owing in respect of assistance given under this Act shall be and remain a debt due to the Board until it is paid and, without prejudice to any other recourse available to the Board, may be recovered by the Board by action as for a debt in any court of competent jurisdiction.".

Farmers' Assistance (Debts Adjustment) Act Amdt Act 1970, No. 29 397 SCHEDULE [s. 7] Section to be re- numbered Amended section number Section Amended Section Amended to be re- section to be re- section numbered number numbered number s. 5 s. 6 s. 7 s. 8 s. 9 s. 10 s. 11 s. 12 s. 13 s. 14 10 s. 15 20 s. 25 30 11 s. 16 21 s. 26 31 12 s. 17 22 s. 27 32 13 s. 18 23 s. 28 33 14 s. 19 24 s. 29 34 15 s. 20 25 s. 30 35 16 s. 21 26 s. 31 36 17 s. 22 27 s. 32 37 18 s. 23 28 s. 33 38 19 s. 24 29 s. 34 39