Farmers' Relief (Amendment) Act 1937 (NSW)

FARMERS' RELIEF (AMEND­

MENT) ACT.

Act No. 26, 1937.

An Act to amend the Farmers' Relief Act, 1932, and certain other Acts in certain respects; to validate certain matters; and for pur­ poses connected therewith. [Assented to, 15th December, 1937.]

BE i t enacted by the K i n g ' s Most Exce l len t Majes ty ,

by a n d wi th t h e advice a n d consent of t h e Legis­

l a t i ve Counci l a n d Legis la t ive Assembly of N e w South

Wales in P a r l i a m e n t assembled, a n d by t h e au thor i ty of

t h e same, as follows :—

1 . (1) This Act may be cited as the " F a r m e r s ' Belief

(Amendment ) Act, 1937."

(2) The F a r m e r s ' Relief Act, 1932-1936, as

amended by subsequent Acts, is in this Act re fe r red to

a s the P r inc ipa l Act.

(3) The Pr inc ipa l Act, as amended by this Act,

may be cited as the F a r m e r s ' Relief Act, 1932-1937.

2 .     (1) The Pr inc ipa l Act is amended by omit t ing from

subsection one of section eight the word " t h i r t y - s e v e n "

a n d by inser t ing in lieu thereof the word " t h i r t y - e i g h t . "

(2) Subsection one of this section shall be deemed to have commenced on the first day of Ju ly , one thousand n ine hundred and thir ty-seven.

3 .     (1) The Pr inc ipa l Act is fur ther amended—

(a)	by omitting subsection (3c) of section eight and
by inser t ing in lieu thereof the following sub­ section :—

(3c) (a) A fa rmer who has filed in the office of the Board a notice disclaiming the benefits of this Act (in th is subsection re fe r red to as a "no t i ce of d i sc l a imer" ) may wi thdraw the same under and in accordance with this subsection.

K (b)

(b) No wi thdrawal of a notice of dis­ claimer shall take effect unless and unt i l t h e consent of the B o a r d to such wi thdrawal i s granted .

(c) Any fa rmer who desires to wi thd raw a notice of disclaimer shall lodge, a t the office of the board,—

(i) an ins t rument in wr i t ing wi thdrawing

the notice of d isc la imer ;

(ii)   an application for the consent of the

B o a r d to such wi thd rawa l ;

(iii) a s ta tement , verified by the s t a tu to ry

declara t ion of the farmer , specifying the names and addresses of all pe rsons to whom the f a rmer is indebted.

Such documents shall not be lodged before the
expira t ion of one year from the da te upon which

the notice of disclaimer was filed in the office of

the Boa rd .

(d) W h e r e the documents re fe r red to in

p a r a g r a p h (c) of this subsection have been

lodged a t the office of	the B o a r d	the	B o a r d
shall—

(i)   publish in the Gazette, in the Weekly T r a d e Repor t , and in a newspaper cir­ culat ing in the dis t r ic t in which the f a rmer resides or in which the f a r m is s i tuated notice of the lodgment of such

documents ;

(ii)   notify each person or firm specified in the s ta tement refer red to in subpara­ g r a p h (iii) of p a r a g r a p h (c) of th i s subsection of the receipt of the ins t ru­ ment and appl icat ion re fe r red to in sub­ p a r a g r a p h s (i) and (ii) of t h a t pa ra ­

g r a p h ;

(iii)   indicate in each such notification and in such notice t ha t objections to the g ran t - ing of consent by the B o a r d may be'

lodged

lodged a t the office of the Board in accordance with p a r a g r a p h (e) of this subsection.

(e) Objection to the g ran t ing of consent by the B o a r d may be lodged a t the office of the B o a r d a t any t ime within three weeks af ter the da te of publication in the Gazette of the notice re fe r red to in s u b p a r a g r a p h (i) of p a r a g r a p h (d) of this subsection by any person to whom the fa rmer is indebted in respect of moneys advanced, goods supplied or services rendered af te r the da te upon which the notice of dis­ claimer was filed in the office of the Board .

Any such objection shall be accompanied by evidence tha t the f a rmer is indebted to the person lodging the objection in respect of moneys advanced, goods supplied or services rendered af ter the da te upon which the notice of disclaimer was filed in the office of the Board .

A n y such objection may be wi thdrawn at any

t ime by notice in wr i t ing lodged in the office of

the Board .

office of the Board in accordance with paragraph' 1 (f) When an objection is lodged in the

(e) of this subsection the Board shall, unless such objection is wi thdrawn, refuse to gran" consent to the wi thdrawal of the notice of dis­ claimer.

(g) The Board may g ran t consent to the

wi thdrawal of the notice of disclaimer, e i ther	absolutely or subject to such t e rms and con­
dit ions as it thinks fit.
(h) F r o m the date of publication in the Gazette of the notice re fer red to in subpara­ g r a p h (i) of p a r a g r a p h (d) of this subsection until the Boa rd has g ran ted or refused its con­ sent to the wi thdrawal of the notice of disclaimer the provisions of subsection two of section nine of this Act shall, muta t i s mutandis , apply to and in respect of the fa rmer as if he were a f a rmer subject to this Act.

(i)

(i) The provisions of this subsection shall apply to and in respect of the withdrawal, af ter the commencement of the F a r m e r s ' Relief (Amendment ) Act, 1937, of notices of disclaimer whether such notices of disclaimer were filed before or a re filed af ter such commencement.

(b) (i) by omit t ing from subsection ten of section nine the words " d a t e of the g r a n t t he reo f" and by inser t ing in lieu thereof the words "e igh teen th day of Apr i l , one thousand nine hundred and thirty-five or from the date of the g r a n t thereof whichever is the l a te r d a t e " ;

(ii)   by inserting at the end of subsection eleven of the same section the words " f r o m the expira t ion of the period refer red to in sub­ section ten of this section, applicable with

respect to thai s tay o r d e r . "

(2) The F a r m e r s ' Relief Amendment (Debts Ad­

jus tmen t ) Act, 1935, is amended by omit t ing p a r a g r a p h

(c) of subsection one of section two.

4 . (1) No amendment of the F a r m e r s ' Relief Act ,

1932, made by any subsequent Act ( including this Act) shall be held to opera te or to have opera ted so as to release any p a r t y or sure ty to any bond executed a n d delivered to the F a r m e r s ' Relief B o a r d in pursuance of section th i r teen of tha t Act whether as original ly enacted

or as amended from t ime to t ime.

(2) A reference in any such bond executed before the commencement of this Act to the F a r m e r s ' Relief Act, 1932, or to the F a r m e r s ' Relief Act, 1932-1934, or t o the F a r m e r s ' Relief Act, 1932-1935, or to the F a r m e r s ' Relief Act, 1932-1936, shall as from such commencement be r ead and cons t rued as a reference to the F a r m e r s ' Relief Act, 1932-1937.

(3) The F a r m e r s ' Relief (Amendment ) Act, 1934,

as amended by subsequent Acts , is amended by omit t ing

section eight.

(4)

(4) The Farmers ' Relief Amendment (Debts Ad- justment) Act, 1935, is further amended by omitting' paragraph (d) of section six.