Farmers' Assistance (Debts Adjustment) Act of 1935 (26 Geo v No. 23) (Qld)

15564 PRIMARY PRODUCE. Farmers' Assistance (Debts Adjustment) Act. 26 GED. V. No. 23, PRIMARY PRODUCE. (1) ·Farmer8' A88i8tance (Debta Adjustment) Act oJ 1935 26 Geo. V. No. 23 (2) Primary Producer8' OrganiBation and Ma,rket- ing Acta Amendment Act oJ 1935 26 Geo. V. No. 35 26 N G o e . o 2 . 3 V . . An Aot to Enable Certain Moneys made available THE FARMERS' by the Commonwealth to the State of ASS( DISETBATNSCE • Queensland to be Applied in and for the AmUSTMEN'r) Am' OF 1935. Benefit of Farmers, and for other purposes. [ASSENTED TO 5TH D;ECEMBER, 1935.] Preamble. W HEREAS pursuant to an Act of the Commonwealth intituled the Loan(Farmers'DebtAdjustment)Act1935 the Commonwealth has made available to the States, subject to the terms and conditions set forth in such lastmentioned Act, sums of money by way of financial assistance to such States in and for the benefit of farmers to enable them to make compositions or schemes of arrangement with their creditors in respect of their debts: And whereas it is expedient to make provision in this State for the application of the said moneys allotted to the said State for the said purpose- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Qi.Ieensland in Parliament assembled, and by the authority of the same, as follows : - Short title•. 1. This Act may be cited as "The Farmers' Assistance (Debts Adjustment) Act of 1935." MteNeallnsi.ng of or re2q.uIirnesth, isthAect, foulnlolewsisntghetecromnstexhtaovtehertwheiseminedainciantgess respectively set against them, that is to say : - Board. " Board "-The Rural Assistance Board constituted pursuant to *" The Rural Assist· ance Board and Agricultural Bank Acts Amendment Act of 1934" ; Farmer. "Farmer"-Any person who, being the owner, lessee, or occupier of land, is engaged, other- wise than as an employee, in farming *?5 Geo. V. No. 30, 8upra, page 14917.

PRIMARY PRODUCE. 15565 1935. Farmers' Assistance (Debts Adjustment) Act. operations on that land, and includes the owner, lessee, or occupier of any land on which farming operations are, being carried on under a share-farming agreement to which he is a party, and the personal representatives of a deceased farmer: Provided that no person shall be deemed to be a farmer within the meaning of this definition unless he satisfies the Board that he is dependent for his livelihood upon his farming operations upon the land of which he is such owner, lessee, or occupier, as the case may be; " Farmi~ g operations"-Farming,. agricult~ral, Farming hortICultural, pastoral, or gra7,mg operatIOns, operations. and, without affecting the generality of the foregoing provisions, includes dairy farming, poultry farming, and bee farming, and also viticultural operations; "Fund"-The Federal Aid Rehabilitation Fund Fund. established under the authority of this Act; " Local Authority"-A Local Authority or Joint Local Local Authority duly constituted under * ~, The Authority. Local Authorities Acts, 1902 to 1934": the term also includes Brisbane City Council duly constituted under t" The Oity of Brisbane Acts, 1924 to 1934" ; "Minister"-The Secretary for Agriculture and Minister. Stock or other Minister of the Crown for the time being administering this Act; " Prescribed"-Prescribed by this Act; Prescribed. " Registrar"-The Registrar of Applications Recistrar. appointed under this Act: the term includes '" a deputy registrar and any officer for the time being exercising the functions of the registrar; . ," Regulations"-Regulations made under the Regulations. authority of this Act; ,,; Scheme"-A composition or scheme of arrange- Scheme. ment of the debts of an applicant approved by the Board; - - --- -- - ~- - - - - - - - - .-~ - --- --- -- * 2F.dw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq. t 1/; Geo. V. No. 32 and amending Acts, supra, pages 11140 et Beq. I

15566 - ~ - - PRIMARY PRODUCE. - - - - ~ - - ~ - -- - - - - ~ ~ ~ ~-- -- Farmers' Assistance (Debts Adjustment) Act. 26 GEO. V. No. 23, This Act. "This Act"--This Act and all Proclamations, Orders in Council, and regulations made thereunder. Administra- 3. This Act shall, subject to the Minister, be tion of Act. administered by the Board. The Governor in Council may upon the recommenda- tion of the Minister appoint a registrar and all such officers, servants, or other employees as may be necessary for the administration of this Act. Delegation of powers, &c. 4. The Governor in Council may upon the recommendation of the Board and with the consent of the Minister from time to time by Order in Council appoint any officer or officers or class of officers in the employ of the State to exercise all or any of the powers, authorities, jurisdiction, and functions, either generally or in particular, of the Board or of any member of the Board, and either throughout the State or within such petty sessions district or districts as may be prescribed: Provided that no such officer, being an employee of a Department other than the Department of Agriculture -and Stock, shall be so appointed without the consent of the Minister administering such Department first had and obtained. A reference in this Act to the Board or to a member thereof shall, mutatis mutandis, be and be deemed to be a reference to any officer duly appointed as aforesaid, and this Act shall be read and construed accordingly: Provided, however, that the power of receiving applications made under section eight of this Act, and the power of the Board to approve of any composition or scheme of arrangement, and any power exercisable by the Board pursuant to section fourteen of this Act shall rest with the Board and shall not be so delegated. Board, &c., 5. For the purpose of making any inquiry authorised Ctoom be m a ission or required to be made under this Act, the Board or under any person authorised under this Act in that behalf OInfqfiuciirailes shall, in addition to all other powers in this Act contained Evidence or implied, be and be .deemed to be a Commission Acts. within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929," and shall have and exercise all the powers, authorities, jurisdiction, and protection under such Acts accordingly. * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474.

PRIMARY PRODUCE. 15567 1935. Farmers' Assistance (Debts Adjustment) Act. 6. All moneys made available by the Commonwealth Uonstitution to the State to be applied for the purposes of rural of Fund. rehabilitation shall be paid to the credit of a Fund to be called "The Federal Aid Rehabilitation Fund" (hereinafter called " the Fund "). If any of the moneys from time to time advanced out of the Fund to or for the benefit of a farmer are repaid wholly or in part the moneys so repaid shall be paid to the credit of the Fund and shall be applied for the purposes of this Act, and such moneys shall be deemed to be moneys made available by the Commonwealth to the State to be applied for the purposes of rural rehabilitation. The Treasurer shall constitute the said Fund at the Treasury and shall pay thereout all moneys required for the purposes of this Act: Provided that no portion of such moneys so made Adminis- available by the Commonwealth to th~ State shall be : ~~! ~:es. used for the payment of the expenses mcurred by the State in or in connection with the application of such moneys: Provided further, that the expenses incurred by the State in or in connection with the administration of this Act, including the application of such moneys so made available by the Commonwealth to the State as aforesaid, shall be paid out of moneys provided by Parliament for the purpose; which moneys are hereby appropriated accordingly. 7. (1.) This Act shall not bind the Crown. Act not to bind the Crown. (2.) Notwithstanding anything herein contained, no Crown debts.. payment under any composition or scheme of arrange- ment as hereinafter provided shall be made in respect of any debt due to the Commonwealth or the State or to a Governmental authority. For the purposes of this section, the expression " Governmental authority" includes any body, corporate or unincorporate, constituted by or under the law of the Commonwealth or a State whose funds have been provided, in whole or in part, by the Commonwealth or a State, or whose obligations are guaranteed, in whole or in part, by the Commonwealth or a State, but does not include a municipal corporation or other local governing body.

15568 PRIMARY PRODUCE. Farmers' Assista.nce (Debts Adjustment) Act. 26 GEO. V. No. 23, Application 8. (1.) Any farmer who proposes to effect a f b o y r farmer composition or scheme of arrangement with his creditors assistance. or any of them in satisfaction in whole or in part of his debts and/or liabilities, whether secured or unsecured, may at any time and from time to time during the period hereinafter provided in subsection two of this section make application to the Board for assistance to give effect to such composition or scheme. (2.) An application under this section shall be made on or before the thirty-first day of December, one thousand nine hundred and thirty-five, or within such extended time thereafter as the Governor in Council may from time to time appoint by Proclamation published in the Gazette. (3.) The application shall be accompanied by a statement (in the prescribed form) giving particulars of the proposal or scheme and setting out the amounts which his respective creditors have informed him they are prepared to accept in discharge wholly or in part of his debts and/or liabilities to such creditors. (4.) The farmer concerned shall upon a request in writing by the Board in that behalf furnish (and in the prescribed form) such information ana such accounts, documents, and writings as the Board may require for the purpose of considering such application. (5.) Any application, information, statement, account, document, or writing made, given, or furnished to the Board under and in accordance with the provisions of this section shall if the Board so requires be verified by statutory declaration in the prescribed form. Preliminary 9. Upon receipt of an application under section ctioonnsiodfera- eight of this Act the Board shall forthwith determine application. whether or not it will accept such application for consideration under and in accordance with the provisions of this Act. In the event of the Board refusing to accept an application for such consideration (and it may in its absolute discretion so refuse) it shall give notice in writing of such refusal to the farmer concerned. In the event of the Board accepting such application for consideration it shall forthwith cause the registrar to enter same in the register of applications together with the prescribed particulars thereof.

PRIMARY PRODUOE. 15569 1935. Farmers' Assistance (Debts Adjustment) Act. 10. The Board shall consider any application which Board to has been entered in the register of applications with a cons~ der. V.Iew t 0 det ermI.n.Ing whether, I.n the event 0 f assl.st ance apphcatlOn. being given to the farmer in order to enable him to effect the proposed composition or scheme of arrangement .or any modified or amended composition or scheme of arrangement, the farmer concerned will be able to continue to carry on farming operations and will be given a reasonable prospect of carrying on those .operations successfully. For the purpose of so considering any such application the Board may make all such inquiries as it deems necessary and proper. If after such consideration as aforesaid the Board determines that the farmer concerned will have no reasonable prospect of so doing it shall reject the application. If after such consideration as aforesaid the Board determines that the farmer concerned will have a reasonable prospect of so doing it may approve of the application: Provided that the Board may suggest such amend- ments or modifications to the proposed composition or scheme of arrangement as it thinks fit, and may thereafter approve of the application when so amended or modified accordingly: Provided further, that where the powers, authorities, jurisdiction, and functions conferred upon the Board under and in accordance with this section are being exercised by an officer appointed in that behalf, such officer shall not approve of such scheme but shall refer same to the Board together with his recommendation thereon. 11. The Board (including any officer duly Meeting of appointed in that behalf) may ifit thinks fit call a meeting creditors. of the creditors of the farmer or any of them at such time and place as it may determine for the purposes of considering any proposal for a composition or scheme of arrangement. A member of the Board (or any such officer as aforesaid) shall be the chairman at such meeting. 12. (1.) The assistance approved by the Board Nature of to give effect to a composition or scheme which has been assistance approved by the Board shall be paid from and be a to farmer. charge upon the Fund.

15570 PRIMARY PRODUCE. - - - - - - ~ - - - - - . - - - - - - - - - - - Farmers' Assistance (Debts Adj7tstment) Act. .26 GEO. V. No. 23, Such assistance shall be given in such manner and subject to such terms and conditions as the Board shall,. in each case, in its absolute discretion determine. (2.) Such assistance shall not be given unless and until the farmer concerned and such of his creditors as the Board may deem necessary shall have executed such deeds, securities, agreements, releases, and other documents as the Board may require. (3.) No assistance to a farmer by way of payment from the Fund shall be approved by the Board for the purpose of discharging in whole or in part any debt of such farmer unless in the opinion of the Board some discharge of the debt is necessary to ensure that the farmer will continue to carry on farming operations and to give him a reasonable prospect of carrying on those operations successfully. Composition for Local 13. Where the Board is of the opinion that it is Authority necessary that the assistance which may be given under rates. this Act to an applicant farmer who is indebted to a Local Authority for arrears of rates duly made and leviable on the land on which he carries on farming operations shall, to enable the farmer concerned to continue to carry on farming operations and to give him a reasonable prospect of carrying on those operations successfully, include a composition or scheme of arrange- ment of such arrears of rates, the Board may certify accordingly. Upon receipt of such certificate the Local Authority concerned may, and notwithstanding anything to the contrary contained in *" The Local Authorities Acts, 1902 to 1934," or in t" The Oity of Brisbane Acts, 1924 to 1934," or in any other Act or law, agree to such composition or scheme of arrangement in respect of such arrears of rates or any part thereof as it may think fit, and may accept the payment provided for in such composition or scheme of arrangement in full satisfaction and discharge of such arrears of rates or part thereof, as the case may be. Stay o~ . 14. (1.) On and from the date of entry in the procee mgs. register of applications of an application for assistance under this Act, and until a date as hereinafter provided, * 2 Edw. VII. No. 19, 8upra, pages 1860 et seg. t 15 Geo. V. No. 32 and amending Acts, 8upra, pages 11140 et seg.

PRIMARY PRODUCE. 15571 1935. Farmers' Assistance (Debts Adjustment) Act. ,every such application shall for all purposes during such period operate and be and be deemed to be a stay of proceedings to the intent that no action, execution, proceedings, whether judicial or extra-judicial, on default or for or upon breach of covenant under any mortgage or other security for money or under an agreement for sale or purchase of land or other process ()r proceeding shall be commenced or proceeded with or put in force against the farmer or his estate or effects. (2.) If an application is rejected by the Board Application the fac.t of such r~ jec~ ion shall forthwith be enter~ ~ in ~! bsection I the regIster of applIcatIOns, and thereupon the provIsIOns and date. ()f subsection one of this section shall cease to apply to the farmer concerned or his estate or effects; but if such application is approved the provisions of the said subsection shall continue to so apply until such date as the Board shall by entry in the register of applications appoint. Such lastmentioned date shall be fixed by the Board on the approval of the scheme concerned, and shall be for such period not exceeding twelve months from such date of approval as the Board shall by such entry in the register of applications appoint: Provided that, subject as hereinafter provided, the date of expiration of any stay of proceedings may in like manner be from time to time extended by the Board. (3.) Notwithstanding anything herein contained, When. upon proof to the satisfaction of the Board that any smubasyecntoIOt n I farmer to whom the provisions of subsection one apply- apply. (a) Has knowingly made any false statement or has otherwise wilfully misled the Board either before, at, or after the time of the Board's approval of a scheme; or (b) Has failed, neglected, or refused to observe any of the provisions of a scheme; or (c) Has not applied the receipts from his farming operations in a proper manner; or (d) Has abandoned his farm and/or estate or effects; or (e) Has neglected his farm and/or estate or effects or has not maintained his farm and/or estate or effects in reasonable order and repair; or (j) Has not worked his farm in a competent manner,

15572 PRIMARY PRODUCE. Farmers' Assistance (Debts Adjustment) Act. 26 GEO. V. No. 23. the Board may either after enquiry made on its own behalf or after representations made to it by or on behalf of any creditor {whether a party to the scheme or not} direct and declare that the provisions of the said subsection one shall cease to apply to the farmer con- cerned, and upon the entry in the register of applications of such fact such subsection one shall cease to apply to the said 8,pplicant. Moreover in the case of a farmer to whom assistance has been granted by way of loan and to whom the provisions of subsection one of this Act have ceased to apply by virtue of this subsection, the Minister shall be entitled to have and exercise all such rights and remedies as if the said farmer had been guilty of a breach of the covenants of his security, and moreover the Minister may, in such case or in any other case where the provisions of the said subsection one have ceased to apply by virtue of this subsection, sue for and recover from the farmer in any court of competent jurisdiction all moneys then due and owing in respect of the assistance given to such farmer under this Act. Object~ on to ( 4.) Before any extension of the period mentioned e p x e t r ~ Io n d sl o O f n of in subse • ction two shall be granted to a farmer by the stay of. Board, It shall be competent for any creditor of the proceedmgs. farmer to make in the prescribed manner to the Board any objection to such extension. It shall be the duty of the Board to consider any such objection, and the Board may in its discretion refuse any such extension or may grant same subject to such terms and conditions as the Board thinks fit. Computation (5.) No account shall be taken of the period during of time. which the provisions of subsection one of this section extend to any farmer concerned, his estate, or effects in computing the time for taking any action, execution, or proceedings pending or in course of being put into operation against the farmer concerned or his estate or effects ~ t the date he made his application, or in computing the time for taking any further step in connection therewith. Application (6.) The provisions of this section shall apply and of section. extendnotwithstanding the death, lunacy, or unsoundness of mind of the farmer concerned. Guarantors. (7.) The provisions of this section shall extend and apply to any person who has guaranteed the payment of any debt or liability of the farmer to the intent that, so

PRIMARY PRODUCE. 15573 1935. Falrmers' Assistance (Debts Adjustment) Act. long as the provisions of subsection one hereof apply and extend to such farmer, the said provisions shall in like manner apply and extend to the guarantor. (8.) Notwithstanding anything hereinbefore con- ~aving. tained, no application for assistance under this Act shall operate or be or be deemed to be a stay of proceedings in respect of any of the following matters :- (a) Any tort committed by the applicant; or (b) Any injury suffered by a worker in his employ; or (C) Any action or proceeding under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1935," or t" The Wages Act of 1918" ; or (d) Any action or proceeding under any law relating to the payment of alimony and/or maintenance. 15. While the provisions of subsection one of section Restrictions fourteen of this Act apply to a farmer-· oanppIl' Oan t . (a) He shall not, without leave of the Board, sell, lease, mortgage, or otherwise dispose of or encumber any of his land and/or his estate or effects or any interest therein; (b) He shall give to the Board such information as to his affairs generally as the Board requires. Any transaction entered into in contravention of this section shall be void. 16. (1.) The registrar shall keep a register of all Registry. applications and enter therein all applications accepted by the Board for consideration under section nine of this Act. Such register shall be in the prescribed form and contain the prescribed particulars and be open to public inspection at such times as may be prescribed. (2.) Forthwith upon making any entry in the register Certificates the registrar shall file in the registry of the appropriate to be filed. Supreme Court and appropriate Magistrates Court a certificate of such entry, which certificate shall be in the prescribed form and shall contain the prescribed particulars. Fpr the purposes of this paragraph the * 23 Geo. V. No. 36 and amending Aet,s, supra, pages 14266 et seq. t 9 Geo. V. No. 19, supra, page 8495.

15574 PRIMARY PRODUCE. Farmers' Assistance (Debts Adj1(stment) Act. 26 GEO. V. No. 23, ~- - ~ ~ - - ~ ~ - - - - ~ ~ ~ - ~ ~~~ ~~~ ~~~ ~~~ - appropriate Supreme Court shall be the Supreme Court at Brisbane, Rockhampton, or Townsville according to the Supreme Court district in which the farmer concerned carries on farming operations, and the appropriate Magistrates Court shall be the court within the petty sessions district within which the farmer concerned carries on farming operations: Provided that in the case of the farmer concerned carrying on such operations in the district of more than one court such certificate shall be filed in the registry of each such court. Judicial notice shall be taken of every such certificate so filed as aforesaid. Oopies of entries. (3.) A copy of any entry in the register of applications purporting to be certified as correct under the hand of the registrar shall, and without proof of the appointment or signature of the registrar, be admissible in evidence in any proceedings whatsoever and be prima facie evidence of the truth of the matters contained therein. [nspection. (4.) The registrar of any Supreme or Magistrates Court shall keep a list of all certificates as aforesaid filed therein, and such list shall be open to public inspection without payment of any fee. Minister to 17. (1.) For the purposes of this Act the Minister bcoeraporation. representing the Crown shall be a corporation sole by the name of " The Secretary for Agriculture and Stock," and by that name shall, have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property and, subject to this Act, may do such acts which may be necessary and convenient to the proper exercise and performance of the powers, functions, and duties of the Minister under this Act. Assistance deemed given by Minister. Securities. (2.) All assistance given under this Act shall be deemed to have been given by the Minister as such corporation as aforesaid, and he may secure the amount of any assistance given under this Act by way of loan- (a) By a registered or unregistered mortgage, or by an equitable mortgage by means of the deposit with the Board .of the instrument of title of the land required as security; or

PRIMARY PRODUCE. 15575 1935. Farmers' Assistance (Debts Adjustment) Act. c _ _ _ _. c _ . _ _ . • _ _ . ~ . _ _ _ • _ __ (b) By way of personal collateral and/or other security as is in the opinion of the Board sufficient. (3.) Moreover any moneys due and owing by a Recovery of farmer i~ respe.ct of assistance given under this Act :o:~: . due shall untIl repaId be and remain a debt due to the Minister, and shall be recoverable by action as a debt in any court of competent jurisdiction and either in the name of the Minister or in the name of any person authorised by him. (4. ) Notwithstanding anything to the contrary No priorities. -contained in any Act or law or rule or process of law, nothing in this Act shall in the case of a mortgage or other security given by the farmer concerned to secure the amount of any assistance under this Act be deemed to confer upon any such mortgage or security any priority over any mortgage or other security given by such farmer to any other person prior to the giving by him of such mortgage or other security to the Minister. 18. No trustee shall be chargeable with breach Trustees. of trust by reason only of his consent to, or failure to object to, any agreement or scheme approved by the Board under this Act. 19. The Board may exercise any such powers as Board may are conferred upon it by 'or under any Act of the exerc.ise Parliament of the Commonwealth of Australia relating ~ ~ r! ~ : . to debt adjustment of and relief to farmers. 20. For the purpose of enabling the Auditor- Powers of General for the Commonwealth to comp.ly with Athe ~ ~~ : on­ provisions of the Loan (Farmers' Debt Adjustment) ct Auditor- 1935 of the Commonwealth, such Auditor-General shall General. have access to all buildings, places, documents, and papers of the State, and shall be permitted to make extracts from or copies of any such books, documents, or papers. For the purposes of complying with section seven Certificate of of the Loan(Farmers'DebtAdjustment)Act1935 of ~u~~nsland the Commonwealth the Minister shall furnish to the G~ n~ ! ~t Minister within the meaning of the Commonwealth Act within fourteen days after the first day of January and within fourteen days after the first day of July of each year a certificate by the Auditor-General as to the compliance or otherwise by this State with the conditions specified in the said section of the Commonwealth Act.

15576 PRIMARY PRODUCE. Farmers' Assistance (Debts Adjustment) Act. 26 GEO. V. No. 23, False 21. Any person who wilfully makes any false statements. statement in any application or request or other document made or executed in connection with anything done or proposed under this Act, or wilfully neglects to disclose fully any matter required by this Act to be disclosed, shall be guilty of an offence and shall be liable to imprisonment for not more than six months or to a. penalty not exceeding one hundred pounds, or to both penalty and imprisonment. Proceedings. 22. All offences against this Act shall be heard and determined in a summary way upon a complaint under *" The Justices Acts, 1886 to 1932." No right of 23. Nothing in the provisions of this Act shall claim. confer upon any farmer a right to claim any relief or debt adjustment thereunder. Financial 24. This Act shall be in aid of and not in derogation Emergency of t" The Financial Emergency Act of 1931," or t" The pArcetsse,r&vecd. , . Financial Emergency Relief Extension Act of 1932," or §" The Mortgagors Relief Acts, 1931 to 1932," or 11" The Lessees' Relief Acts, 1931 to 1932," or any Act amending or in substitution for such Acts. Orders in Council. 25. The Governor in Council may from time to time by Order in Council published in the Gazette provide 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. Regulations. 26. The Governor in Council may from time to time make all such regulations as he deems necessary and convenient for the purpose of carrying this Act into execution and for the conferring of the necessary power so to do. Without limiting the generality of the foregoing provisions, regulations may be made prescribing- (i.) All matters which by this Act are required to be prescribed for the purpose of carrying out or giving effect to this Act. * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et seq. t 22 Geo. V. No. 1, supra, page 13402. t 23 Geo. V. No. 10, 8j~ pra, page 14084. § 22 Geo. V. No. 6 and amending Acts, supra, pages 13848 et seq. 1122 Geo. V. No. 28 and amending Act~, 8upra, pages 13828 et seq.

PRIMARY PRODUCE. 15577 1935. Farmers' Assistance (Debts Adjustment) Act. (ii.) Forms to be used for the purposes of this Act, including forms of securities. (iii.) The form of notice of meeting to be given to creditors, and the method of service thereof. (iv.) The regulation of the business and proceedings at meetings of creditors; the powers and duties of the chairman thereof, including the determination by him of the amount of the debt or liability owing to any creditor present thereat in the event of such amount being disputed. (v.) The representation of creditors at meetings by proxy, and the form of such proxy. 27. All Proclamations, Orders in Council, and ProclarrlR,' reguIat I·Ons made or purport'mg t 0 have been made under ttioon b s : &c., this Act shall be published in the Gazette, and thereupon published shall be of the same effect as if they were enacted in ~ c~ azette, this Act, and shall be judicially noticed and shall not be questioned in any proceedings whatsoever. Any such Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purposes of this section, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. 28. This Act shall be read and construed subject Act.read to the Commonwealth of A u8tralia Con8titution Act and ~ ~ ~ : ~ ~ the so as not to exceed the legislative power of the State wealtJ; . to the intent that, where any enactment thereof would ConstItutlOn but for this section have been construed as being in

15578 PRIMARY PRODUCE. Primary Organisation, Etc., Act. 26 GEO. V. No. 35, excess of that power,' it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. Validity of Acts, &c., done. 29. All acts, matters, and things done or performed in relation to the matters and things referred to in or in connection with this Act prior to the passing of this Act are approved, ratified, confirmed, and validated, and shall for all purposes be and be deemed to have been done or performed pursuant to this Act. 26NGoe.o3. 5V. . An Act to Amend" The Primary Producers' Organi- THE PRIMARY sation and Marketing Acts, 1926 to 1932," PRODUCERS' ORGANISATION AND In certain particulars. MARKETING ACTS [ASSENTED TO 12TH DECEMBER, 1935.J B AMENDMENT ACT OF 1935. 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 Primary ~~ struction. Producers' Organisation and ~ Marketing Acts Amendment Act of 1935," and shall be read as one with *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1932," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Primary Producers' Organisation and Marketing Acts, 1926 to 1935." Amendments of the Pr'incipal Act. New s. lA. 2. The Principal Act is hereby amended by the insertion therein, after section one, of the following new section numbered lA, namely:- Arecatdtsou bb J ~ ect "[ . lA.] This A . ct and any Proclamation, Order in to the Council or regulatIOn made thereunder shall be read and Co~ :on- construed subject to the Commonwealth of Australia ~~~ stitution ConstitutionAct, and so as not to exceed the legislative power of the State, to the intent that where any enactment contained in this Act or provision contained in any such Proclamation, Order in Council, or * 17 Geo. V. No. 20 and amending Acts, 8upra, pages 11659 et 8eq. See Alphabetical Table.