Home Hill State Farm, Helidon State Quarries, and South Brisbane State Workshops Sale Act of 1930 (21 Geo v No. 23) (Qld)

TRADE. 21 GEO. V. No. 23, 1930. Home Hill State Farm, Etc., Act. SWIFT AUSTRALIAN COMPANY-ABATTOIRS AGREEMENT. See STOCK. 13373 TRADE. An Act to Authorise the Sale as Going Concerns of 21 Geo. v. the State Farm situated at Home Hill in the N~~!3. State of Queensland, the State Government S~ ~ ' : EE~ ~ ~ , Quarries at Helidon in the said State, and HELIDON • STATE the State Government Workshops sItuated QUARRIES, at South Brisbane in the said State; and for S~ ~ H purposes incidental thereto or consequent B~~ : :: E thereon. [ASSENTED TO 13TH NOVEMBER, 1930.] WORKSHOPS SALE ACT OF 1930 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 Home Hill State Short title Farm, Helidon State Quarries, and South Brisbane State and t t. Workshops Sale Acto! 1930." Subject to this Act, this ~~ ~cr:.c IOn Act mav be read and construed as one wjth * " The Land Acts, I1'no to 1929," or any Act amending the same, herein referred to as the Principal Act. 2. In this Act, unless the context otherwise Interpreta. indicates or requires, thefollovving terms have the tion. meanings respectively assigned to them, that is to say : - "Enterprises"-The State Farm at Home Hill, Enterprises. the State Government Quarries at Helidon, and the State Government Workshops at South Brisbane, as hereinafter defined, and each or either of them; "Land Acts"-* "The Land Acts, 1910 to 1929," Land Acts. or any Act amending the same; "Minister"-The Secretary for Public Lands or Minister. other Minister of the Crown for the time being charged with the administration of this Act or part of this Act; * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

13374 'l'RADE. Home Hill State Farm, Etc., Act. 21 GEO. V. No. 23, Prescribed. " Prescribed "-Prescribed by this Act; Purchaser. "Purchaser"-The purchaser of the enterprise concerned whether by auction or tender,as the case may be, and his lawful heirs, executors, administrators, or assigns; State Farm at Home Hill. State Government Quarries at Helidon. " State Farm at Home Hill "-The State Farm situated at Home Hill, including the Crown land comprising such State farm, being described in the Schedule; together with all improvements, premises, goodwill, live-stock, and all stock-in-trade, implements, furnish- ings, and fittings thereof or appertaining thereto, together with all machinery, chattels, and appurtenances used therein or in connec- tion therewith, and all crops growing on the land, and any part of the cane crop har- vested which the Minister may determine; " State Government Quarries at Helidon"-The State Government Quarries situated at Helidon, including the Crown land com- prising the site of such quarries, being described in the Schedule; together with all improvements, premises, the quarries site, goodwill, and all stock-in-trade, implements, furnishings, and fittings thereof or appertain- ing thereto, together with all machinery, chattels, and appurtenances used therein or in connection therewith, or any stone quarried and on the premises; State Government Workshops at South Brisbane This Act. " State Government Workshops at South Bris- bane"-The State Government Workshops situated at South Brisbane, including the Crown land comprising the site of such workshops, being described in the Schedule; together with all improvements, premises, the workshops site, goodwill, and all stock-in- trade, implements, furnishings, and fittings thereof or appertaining thereto, together with all machinery, chattels, and appurtenances used therein or in connection therewith; " This Act "-This Act and all notifications and regulations made thereunder. Sale of the 3. (1.) Notwithstanding anything contained in the enterprises Principal Act, the Minister with the approval of the by auction. Governor in Council may from time to time by notification cause all or any of the enterprises to be offered for sale

TRADE. 13375 1930. Home Hill State Farm, Etc., Act. 8B a going concern or going concerns by public auction, and may at any time withdraw any enterprise or enterprises from sale. (2.) The notification shall- (a) Specify the place and time of sale, being notNotifioation. less than twenty-eight days from the date of the notification in respect of all or any of the enterprises ; (b) Specify the upset price in respect of the enterprise offered for sale; (c) Specify the amount of the deposit to be paid at the time of sale in respect of the enterprise concerned, and the time or times for payment of the balance of the purchase money; but the time for payment of such balance shall not extend beyond a period to be prescribed in the notification from the time of sale, and all deferred instalments shall bear interest at . the rate of interest per centum per annum as prescribed in the notification from the time of sale; (d) Specify such other terms, provisions, con- ditions, and stipulations as are prescribed in the notification. 4. The person conducting the sale by auction shall Duti~ s of before the commencement of the sale read the conditions auctlOneer. of sale, and all persons bidding at the sale shall be bound thereby. 5. The person who makes the highest bid for the Purchaser. enterprise concerned, not being less than the upset price, and forthwith pays the prescribed deposit, shall be declared the purchaser of the enterprise. 6. (1. ) Notwithstanding anything hereinbefore Tender for contained, the Minister with the approval of the Governor enterprISes. in Council may by notification cause all or any of the enterprises to be offered for sale by tender. (2.) The notification shall specify the amount of the deposit to be lodged with tenders, and the date within which tenders may be received, which date shall be not less than twenty-eight days from the date of the notification; and shall further specify such other terms, provisions, conditions, and stipulations as are prescribed.

13376 . TRADE. Home Hill State Fann, Etc., Act. 21 GEO. V. No. 23, (3.) Every tender so lodged shall be enclosed in an envelope addressed to the Minister, and there shall be written on the face of the envelope the words" Tender for " (specifying the enterprise). (4.) Every tender so lodged shall be accompanied by such deposit as may be prescribed in the notification. (5.) All tenders in respect of each enterprise shall be dealt with by the Minister at the same time. (6.) Subject as hereinafter provided, the person who has lodged the highest tender shall be the successful tenderer: Provided that, if two or more persons have tendered the same amount, priority as between such persons shall be determined by lot in the prescribed manner. (7.) Provided always that nothing in this Act shall be construed to compel the Minister to sell the enterprise to the highest tenderer or to any tenderer, and the Minister may refuse to sell the enterprise to the highest or any tenderer, or may submit the enterprise again for auction or tender, and from time to time as he may think fit and proper. Return of deposit. 7. In the case of a person who is an unsuccessful tenderer, or in the case of a person who is the highest tenderer where such tender has not been accepted, any deposit lodged by such person shall be returned to him forthwith. Ass~ gnment 8. Subject to this Act, a purchaser whether by ~ f [ ~ ~ ~ : ' a t way of auction or tender may, with the approval of the is:ued. n Minister, assign his interest in the land before the issue of the deed of grant, and such assignment may be registered at the Department of Public Lands. The assignee shall thereupon succeed to all the rights and obligations of the purchaser and may in like manner as~ ign his interest. Duty Of purchaser. 9. During the period of the indebtedness of the purchaser to the Minister- (i.) The purchaser shall not sell or dispose of any of the assets of the enterprise without the express consent in writing of the Minister in that behalf first had and obtained, and every agreement, contract, instrument, or writing made or entered into contrary to this provision shall be void and of no effect whatsoever;

TRADE. 13377 1930. Home Hill State Farm, Etc., Act. (H.) The purchaser shall insure and keep insured with the State Government Insurance Office or an insurer under *" The Insurance Acts, 1916 to 1923," in an amount approved by the Minister and in the name and for the benefit of· the Minister, the enterprise concerned; (iii.) The purchaser shall at all times exercise due care of the assets of the enterprise concerned, and shall maintain the enterprise in an efficient manner to the satisfaction of the Minister. 10. Subject to this Act, if the balance of the Forfeiture of purchase money or any instalment thereof and all other ? e~ o~ it 0\ to ray moneys required by the conditions of sale to be paid in ~r: o~ : ~ ~ r~ respect of the enterprise are not paid within the prescribed time, all moneys previously paid in respect of the It ancc. enterprise shall be liable to be forfeited, and subject to this Act the purchaser or his successor in interest shall have no further claim to the enterprise. 11. Upon payment of all such moneys as aforesaid, When grant and upon complying with all the conditions of sale and ?f land to this Act, the purchaser shall be entitled to a deed of lSSue. grant of the land in fee-simple. Moreover, when the whole of such moneys are paid as aforesaid, it shall be lawful for the Minister to transfer, and the Minister shall transfer, to the purchaser concerned all the right, title, and interest of the Crown in the enterprise concerned. 12. And for securing the repayment of all moneys Mortgage. payable by the purchaser under this Act the purchaser shall execute all such mortgages, charges, liens, or other instruments over the land, machinery, plant, or other property of the enterprise as the Minister may require, and such instruments shall contain all such covenants, stipulations, and remedies in favour of the Crown upon any default or non-compliance by the purchaser with any of the provisions of this Act, or with any of the terms of any agreement or instrument, as the Minister may consider proper. 13. The provisions of this Act for securing to the Remedies of Minister t~ e payment to him of the liability of a purchaser ~ ~ : : ~ tive. * 7 Geo. V. No. 27, H Geo. V. No. 29, supra, pages 7497, 10574.

13378 'l'RADE. Home Hill State Farm, Etc., Act. 21 GEO. V. No. 23, of an enterprise under this Act, and all other powers and authorities conferred on the Minister under or pursuant to this Act, shall be in addition to any other remedy which the Minister has against the purchaser concerned as a creditor, and he may enforce any such remedy. Moreover, in case of default by the purchaser concerned in the payment of any moneys or in the observance of any provision, covenant, condition, or stipulation contained in this Act or in any agreement or contract of sale, it shall be lawful for the Minister, in addition to the powers otherwise expressed and provided in this Act, to regain the possession of the enterprise and to sell or realise on the assets comprising the enterprise concerned as he thinks fit. And moreover all moneys payable by the purchaser under this Act shall be a debt due and payable to His Majesty, . and payment thereof may be enforced accordingly. Minister to 14. For the purposes of this Act the l\linister bcoeraporation representing the Crown shall be a corporation sole by Bole. the name of "The Minister for Public Lands," and by that name shall have perpetual succession and an official seal, 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 any acts not otherwise unlawful which may be necessary to the proper exercising and performance of the powers, functions, and duties of the Minister under this Act to the same extent as a private person can do. Private sale. 15. Notwithstanding anything contained in this Act, if any enterprise has been offered for sale by auction and/or tender and in the case of auction no birl has been received or no bid equal to or greater than the upset price has been received, or in the case of tender no tender has been rec~ ived or no tender satisfactory to the Minister has been received, it shall be lawful for the Minister to withdraw the enterprise from sale by auction and/ur tender, and to sell the enterprise by ·private treaty or lease the enterprise, and the provisions of this Act shall, mutatis mutandis, apply and extend accordingly.

TRADE. 13379 1930. Home Hill Statc Par'1n, Etc., Act. 16. No action, indictment, information, or other ~o action proceeding shall be commenced, presented, prosecuted, ~ ~ : ; ~ ~ ct or maintained against the Government of Queensland or completion any Minister of the Crown or any officer of the Public ~ ~ gotiations Service by any person or persons or any company in in resp~ct of regard t 0 the non-comp1et I·on 0 f any negotl' at'IOns made enterprlse. or carried on, prior to the passing of this Act, by any Minister of the Crown or officer of the Public Service with· any person or persons or company, in respect of . any enterprise, whether such negotiations constitute a contract in law or in equity or not, but such negotiations shall and are hereby declared to be void, inoperative, and unenforceable, and of no effect whatsoever.. 17. The provisions of *" The Land Sales Proceeds ActNon. of 1911" shall not app . ly to any sale effected pursuant aopf p2liGcaeoti.oVn . to the provisions of this Act. No. 19. 18. The Governor in Council may from time to Regulations. time make such regulations, providing for all or any purposes, whether general or to meet particular cases, as may be convenient for the administration of this Act or as may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act or in the Land Acts no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions, regulations may be made for the following purposes ;- (i.) The form and manner of notifications, documents, contracts of sale, agreements, or securities under this Act, and the particulars in respect of any notification, documents, contracts of sale, or securities; (ii.) The security, if any, to be given by any person, and the recovery of moneys thereby secured; (iii.) All such observances as are not specifically provided for in this Act and which the Governor in Council considers it desirable should be complied with in regard to any matter concerned. * 2 Geo. V. No. 19, supra, page 5193.

13380 TRADE. Home Hill State Farm, Etc., Act. 21 GEO. V.No. 23, 1930. Regulations 19. All regulations made or purporting to be made :: !~ ~ mlc~ ~ t under this Act shall be published in the Gazette, and upon such publication shan be read as one with this Act and construed as being of equal validity, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The production of a copy of the Gazette purporting to contain any such regulation shall be conclusive evidence of the matters contained therein and of the . power and authority to make such regulation. All 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. THE SCHEDULE. -------,-------------,------------;------,-------------- Property. State Farm .. Situ.tion. I County. Pwi,h. Home Hill Salisbury .. : Inkerman Portion No.! Area -----1 l A. R . . P. 160 206 0 0 State Government Helidon.. Cavendish .. Helidon .. Quarries State Ipswich Stanley Government I road, Workshops South! Brishane I South Brisbane 50vand 85 [144 2 6 i About 202 i. 6 2 Q TRUSTEE COMPANIES. See COMPANIES, TULLY SUGAR WORKS RATIFICATION AREA LAND REGULATIONS AMENDMENT. See SUGAR. TULLY SUGAR WORKS-TRANSFER OF. See SUGAR. UNION TRUSTEES. See COMPANIES. WORKSHOPS, STATE, SOUTH BRISBANE-SALE OF. See TRADE.