Friendly Societies Acts Amendment Act of 1951 (15 Geo Vi No. 50) (Qld)

1951. SOCIETIES. Friendly Societies Acts Amendment Act. 521 An Act to Amend “ The Friendly Societies Acts, 15 N G o e . o 5 . 0V. I. 1913 to 1949,” in certain particulars, and F ri T ehnedly S ocieties for other purposes. A cts A mendment A ct of 1951. [A ssented to 30 th N ovember , 195L] B 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:— 1. This Act may be cited as “ The Friendly Societies short title Acts Amendment Act of 1951,” and shall be read as one construction, with * “ The Friendly Societies Acts, 1913 to 1949,” herein referred to as the Principal Act. The Principal Act and this Act may be cited Collective collectively as “ The Friendly Societies Acts, 1913 to tltle' 1951.” 2. Subsection four of section 50 b of the Principal Amendment Act is amended by inserting after the words “ In this ° s' 5 B 4 section,” the words “ in sections 50c and 50 d ,”. 3. The following sections are inserted after section insertion of 50 b of the Principal Act, namely :— ss- 50c- 50 d “ [50c.] (1.) If at any time (whether before or after Power of the passing of j* “ The Friendly Societies Acts Amendment to Act of 1951 ”) a person has been or is convicted of an winding up offence against the provisions of section 50 b of this Act businesses the Minister may in his absolute discretion if in his opinion it is necessary for the protection of the interests of those who are contributors in relation to any sickness medical or funeral benefit business then or previously carried on by such person order any sickness medical or funeral benefit business then or previously carried on by the said person to be wound up under this section. Any number of the contributors in relation to any sickness medical or funeral benefit business as aforesaid may petition the Minister to exercise the powers conferred upon him by this section but the Minister may if he thinks fit exercise such powers of his own motion. * 4 G. 5 No. 13 and amending Acts, f This Act.

522 SOCIETIES. Friendly Societies Acts Amendment Act. 15 G eo . VI. No. 50, Commence­ (2.) The winding up of any business with respect wmienndtinogf up. to which an order is made under subsection one of this section shall be deemed to commence at the time of the making of the said order. oNfootirfdicear. tion sectio (3 n .) shEavllerbye oprudberlismhaeddeinuntdheer G su a b ze s t e te ctiaonnd otnheeroefupthoins shall be judicially noticed and such publication shall be conclusive evidence of the matters contained therein. Winding up (4.) Upon the commencement of the winding up of business. of any business with respect to which an order is made under subsection one of this section— (i.) All property, real or personal, and all rights, powers, and remedies which immediately before the commencement of that winding up was or were vested in or exercisable by the person who carried on that business or the governing body of that person or any other body or person on behalf of that person in relation to that business, shall without further or other authority than this Act be transferred to, vested in, exercisable by, and executed by the Registrar; (ii.) The Registrar shall realise upon that property and after discharging the debts and obligations of that person in relation to that business other than— ( a ) Debts and obligations to contributors ; and ( b ) (Where the person in question is a company, partnership, or other body or association . of persons) debts and obligations to any members of that body or association of persons, and after making provision for the costs and expenses of the winding up of the business in question distribute the moneys remaining in his hands among contributors in accordance with this Act and pay any amount remaining to the person who carried on that business. (5.) For the purposes of this section the Registrar may at any time and from time to time— (i.) Require the person whose business is being wound up or any other person— ( a ) T o forthwith deliver to the Registrar all books, papers, records, and writings in his

SOCIETIES. 1951. Friendly Societies Acts Amendment Act. possession relating to that business or to forthwith supply all such information as he is capable of supplying with respect to that business (including any property thereof and any entries or contents of any books, papers, records, or writings as aforesaid) or to answer in writing any questions with respect to any such books, papers, records, or Avritings (including any entries therein or contents thereof) or any such information; or ( b ) T o forthwith do such acts and things as he is capable of doing which in the opinion of the Registrar are necessary in order to give effect to this section; (ii.) Seize all books, papers, records, and writings relating to the business being wound up wheresoever found and for that purpose enter any premises and use any necessary force; (iii.) Require the manager or other principal officer of any bank in which any moneys or securities of the business being wound up are deposited to pay over or, as the case requires, transfer to the Registrar those moneys or, as the case may be, securities and every such request shall be sufficient authority to make that payment of, as the case may be, transfer. The provisions of this subsection relating to the rights, powers, and authorities of the Registrar shall be in addition to and not in diminution of any other rights, powers, and authorities of the Registrar under this Act and such other rights, powers, and authorities shall be had and may be exercised by the Registrar for the purposes of this section. (6.) Where upon the realisation of all property in the winding up of a business under this section the moneys in the Registrar’s hands are found by him to be insufficient to make a full distribution among contributors in accordance with this Act, the Registrar may require the person who carried on that business and every person who was a member of the governing body of that person to forthwith supply full particulars of all moneys whatsoever paid to or received by that person from that business. 523

524 SOCIETIES. Friendly Societies Acts Amendment Act. 15 G eo . VI. N o . 50, The provisions of this subsection shall he in addition to and not in diminution of any other provision of this section. (7.) Any person who fails to comply with the lawful requirement or any part of the lawful requirement of the Registrar shall be guilty of an offence against this Act and liable to a penalty of not more than one hundred pounds. If default in complying with the lawful requirement or any part of the lawful requirement of the Registrar is continued by any person who has been convicted of the offence of failing to comply with the lawful requirement or any part of the lawful requirement of the Registrar, then that person shall be deemed to commit a continuing offence and shall be liable to a penalty of not more than twenty pounds for each and every day during which that offence is continued. (8.) Where the person with respect to whose business an order is made under subsection one of this section is a company within the meaning of * “ The Companies Acts, 1931 to 1942,” the Registrar may at any time make application by petition to the court having jurisdiction to wind up the company under those Acts, for the winding up of the company under those Acts and the court may make a winding up order thereunder accordingly whereupon the provisions of * “ The Companies Acts, 1931 to 1942 ” with all necessary adaptations thereof shall apply with respect to the winding up of that company. ( 9 .) Subject to any regulations made in that behalf the Minister may decide any matter in relation to a winding up of a business of a person under this section including, but without limit to the generality of the aforesaid provision of this subsection— (i.) Any question with respect to the realisation ' of all or any property ; (ii.) Any question with respect to the proving, ranking, and payment of the debts and obligations of that person in relation to that business ; and (iii.) Any determination as to what are the debts or obligations to the contributors. * 22 G. 5 No. 53 and amending Acts.

SOCIETIES. 525 1951. Friendly Societies Acts Amendment Act. (10.) All offences against this section and section Summary 50 d of this Act may be prosecuted in a summary way Prooeedmgs- under * “ The Justices Acts , 1886 to 1949 ” on complaint by any person authorised by the Minister or on complaint by the Registrar. [50 d .] A person who on the twenty-third day of Prohibition November, one thousand nine hundred and fifty-one, °ncertaSgs was carrying on or had carried on a sickness medical cases, or funeral benefit business in contravention of section 50 b of this Act shall not after that date without the prior approval of the Registrar pay sell assign or dispose of any property vested in that person in relation to that business, save and except by payment to a contributor, or mortgage encumber or charge any such property. Any payment sale assignment disposition mortgage encumbrance or charge contrary to this provision shall be absolutely void and the Registrar may recover such property by action in any competent court. Moreover if such disposition was a payment of money the Registrar may recover the amount of such payment from any person who made or authorised such payment and also if the payment was made by a company from each and every director of such company.” 4. Subsection one of section sixty-three of the Amendment Principal Act is amended by inserting after subparagraph of s' 63 (1)' (v.) of that subsection the following subparagraph, namely :— “(vi.) For the purposes of section 50c and section 50 d of this Act prescribing all matters and things either generally or to meet particular cases which are necessary or expedient to be prescribed for carrying out or giving effect to those sections and, without limiting the generality of the foregoing provisions of this subparagraph prescribing all or any matters or things with respect to— (a) The realisation of all or any property ; ( b ) The defining, proving, ranking, and payment of the debts and obligations of any person in relation to any business being wound up ; and (c) Determining what are the debts or obligations to the contributors, or if thought fit prescribing a basis or bases for determining such debts and obligations.” * 50 V. No. 17 and amending Acts.