Farmers' Relief (Amendment) Act 1943 (NSW)
FARMERS' RELIEF (AMENDMENT) ACL
Act No. 42, 1943.
An Act to amend the Farmers' Relief Act, 1932-
1941, and certain other Acts in certain
respects; and for purposes connected there- with. [Assented to, 21st December, 1943.]
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis- Wales in Parliament assembled, and by the authority of the same, as follows :— 1 . (1) This Act may be cited as the " F a r m e r s ' Eelief (Amendment) Act, 1943."
(a) by omitting from subsection one of section eight the word "for ty- three" and by inserting in lieu
thereof the word " fo r t " five";
(b) (2) The Farmers ' Eelief Act, 1932-1941, is in this
Act referred to as the Principal Act.
(3) The Farmers ' Relief Act, 1932, as amended by
subsequent Acts and by this Act, may be cited as the
" F a r m e r s ' Relief Act, 1932-1943." 2. The Principal Act is amended—
| (b) | by omitting from subsection eleven of section | |
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Relief (Amendment) Act, 1943 . "
| 3. The Pr inc ipa l Act is fur ther | amended— |
| (a) | by inser t ing at the end of p a r a g r a p h (a) of sub section four of section 34EB the following w o r d s : — |
" o r of the amount of one pound in any case where the assessed secured value of the debt a n d / o r liability is nil or does not exceed
the sum of one p o u n d " ;
| (b) | by inser t ing in p a r a g r a p h | (a) of subsection five |
of the same section after the word " d i r e c t i o n " where firstly occurr ing the words "affect ing a
mor tgage , charge or lien over l a n d " ;
| (c) | by inserting at the end of subsection six of the | |
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" o r in any case where such amount is nil or does not exceed the sum of one pound, by payment by or on behalf of the f a rmer
of the sum of one p o u n d " :
| (d) | by inserting at the end of the same section the following new subsection:— |
(12) Any payments received by a credi tor of the fa rmer pu r suan t to section twenty-eight or section twenty-nine of this Act subsequent to t he date of assessment shall to the extent of such payments be deemed to have been received by
such creditor firstly in satisfaction of in te res t moulded in any direction in respect of such credi tor given before the date upon which such payments were received or which may be given thereaf ter by the Board under subsection four of this section: secondly, in sat isfaction of a n y amount included in any such direction unde r subsection six of this section; and any balance in satisfaction of the pr incipal moneys included in any such direction under subsection four of this section.
W h e r e
W h e r e more than one such direction has been or may be given under subsection four of this section in respect of the same credi tor the pay ments shall be applied in satisfaction of such direct ion or direct ions as the Boa r d in its absolute discret ion but having r ega rd to the securi t ies in respect of which the payments have been made shall direct.
4. The Pr inc ipa l Act is fur ther amended by inser t ing
next after section forty the following new sect ions:—
40A. (1) The Board may at any t ime and from
time to t ime—
(a)
waive the payment of interest or any part thereof which has accrued or which may accrue in respect of any moneys owing by a fa rmer to the Boa r d or direct tha t interest shall not be charged on the whole or any p a r t of such moneys or tha t the r a t e a t which interest is payable upon such moneys shall be reduced to the r a t e specified in the d i rec t ion;
(b)
amend the terms of repayment of such moneys by suspending or allowing fu r ther t ime for payment of such moneys or in any
other w a y ; (c)
settle, adjust, compromise, postpone or consolidate the debts re la t ing to such moneys ;
(d) with the concurrence of the Auditor-General wri te off e i ther wholly or in p a r t the pr incipal moneys included in such moneys which, in the opinion of the Board , a re not recoverable ; (e) take any other action whatsoever for or towards the recovery of any such moneys, or the be t te r securing the repayment of the same, or the preserva t ion or protect ion of a n y securi ty for the payment of the same, whether by way of sale or foreclosure of
mor tgaged
mor tgaged p rope r ty or the tak ing of new or addi t ional securi ty or the pos tponing of any securi ty or otherwise.
(2) The powers conferred by subsection one of this section shall be in addit ion to and not in subst i tut ion for any other powers conferred upon the Board by this Act and may be exercised—
(a) in respect of moneys which were owing at the commencement of the F a r m e r s ' Relief (Amendment ) Act, 1943, or become owing after such commencement; (b) whether or not at the time action is taken under subsection one of this section such moneys a re present ly payable. 40B. Any notice required or author ised by this Act to be served by post shall be sufficiently served if sent by post in a regis tered le t ter addressed to the person to be served by name a t his place of abode or business in or out of New South Wales last known to the person giving the notice no twi ths tanding tha t the person or persons to be served may be deceased, lunat ic or bankrupt , and the notice shall be deemed to have been served at the t ime when the regis tered le t ter would in the o rd inary course be delivered.
(1) Any a l tera t ion of the law by this Act shall not,
unless otherwise expressly provided by this Act, or by
| the F a r m e r s ' Relief | Act, 1932-1943, affect— |
(a) any right accrued, or obligation incurred, before the commencement of this Act under the law so
a l t e red ; (b) the validity or invalidity, or any operation, effect or consequence, of any ins t rument exe cuted or made, or of any th ing done or suffered before the commencement of this Ac t ; (c) any action, proceeding or thing pending or un completed a t the commencement of this Act. (2) E v e r y such action, proceeding and th ing may be
car r ied on and completed as if the law had not been
al tered.
(3)
(3) The generality of this section shall not be affected by any saving in any other section of this Act, nor shall this section limit any saving in the Interpreta- tion Act of 1897.
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