Industrial and Provident Societies Acts Amendment Act of 1935 (26 Geo v No. 13) (Qld)

15594 SOCIETIES. Industrial and Provident Societies, Etc., Act. 26 GEO. V. No. 13, 26 N G o e . o lo . . V. An Act to Amend "The Industrial and Provident THE INDUSTRIA1. AND PROVIDENT Societies Acts, 1920 to 1929," in certain particulars. SOCIETIES ACTS AMENDMENT [ASSENTED '1'0 17TH OCTOBER, 1935.] ACT OF 1935. B E it enacted by the King's .Most Excel1ent .lHnjesty, . 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. l. This Act may be cited as "The Industrial and Provident Societies Acts Amendment Act of 1935," and shall be read as one with *" The Industrial and Provident Societies Acts, 1920 to 1929," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Industrial and Provident Societies Acts, 1920 to 1935." Amendment 2. The Principal Act is hereby amended by the of Principal insertion therein, after section eighteen, of the following Act. new section numbered 18A;- Interpre- tation. " [18A.] (1.) In this section the expression " Security" means and includes a mortgage, encumbrance, charge, lien, bond, debenture, debenture stock, floating charge, bill of sale, or other written instrument duly issued or granted as or by way of security by a society registered under this Act. The term expressly includes a bill of sale as defined by the laws in force relating to bills of sale of personal chattels and also any lien on wool, mortgage of live stock, and lien on crops as referred to in t" The Mercantile Acts,. 1867 to 1896." The term dOE:js not, however, include a mortgage so far as it includes land, whether subject to t" The Real Property Acts, 1861 to 1877," or not, or so far as it includes any tenement or interest therein under and subject to the laws in foroe relating to the occupation or leasing of Crown lands or to mines or mining. * 10 Geo. V. No. 32 and 20 Geo. V. No. 14, supra, pages 9292 and 12786. • t 31 Vie. No. 36 and amending Acts, supra, pages 2133 et seq. t 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seq.

SOCIETIES. 15595 1935. Industrial and Provident Societies, Etc., Act. (2.) Whenever a society registered under this Act Registr8; t~ on under . or . in . pursuance . of t . he powers in that b • ehalf g o~ IvseencubryItIa es contamed m thIS Act or m any of ItS rules has duly Issued society. or granted to any person any security (whether by way of principal or collateral security), then the following provisions shall apply and be observed:- (i.) Within sixty days after the date of the creation of the security or such further time as the Minister under any particular circumstances may by writing under his hand allow to the society, the security shall be registered in the office of the clerk of petty sessions of the petty sessions district in which the registered office of the society is situated. Such registration shall be effected in the manner following :-The officer of the society authorised by the directors thereof in that behalf shall, save as is next hereinafter provided, make a true copy of every such security· and shall lodge the same with the said clerk of petty sessions, with an endorsement thereon signed by such officer of the society and dated on the date on which he signs the same, stating that the security is correct for purposes of registration. (ii.) The said clerk of petty sessions shall forthwith register the same in a register to be kept at his office, and shall forthwith send particulars in the prescribed form of the contents and effect of such security to the registrar, and also to the Registrar of the Supreme Court, Brisbane, each of whom shall file and record the same without fee. (iii.) Provided that where a series of debentures containing or giving by reference to any other instrument any charge to the benefit of which the debenture-holders of that series are entitled pari passu is created by a society, it shall be sufficient if there are lodged with the said clerk of petty sessions within sixty days or such further time as aforesaid after the execution of the deed containing the charge, or, if there is no such deed, after the execution of any debenture of the series, the following particulars :- (a) The total amount secured by the whole series; and (b) The dates of the resolutions authorising the issue of the series and the date of the covering deed (if any) by which the security is created or defined; and

15596 SOCIETIES. Industrial and Provident Societies, Etc., Act. 26 GEO. V. No. 13, 1935. (c) A general description of the property charged ; and (d) The names of the trustees (if -any) for the debenture-holders, together with a true copy of the deed containing the charge or, if there is no such deed, one of the debentures of the series, and the said clerk of petty sessions shall enter these particulars in the said register. In any case where more than one issue is made of debentures in the same series there shall be sent to the said clerk of petty sessions for entry in the register particulars of the date and amount of each issue. The said clerk of petty sessions shall send particulars of all such debentures to the officers mentioned in paragraph two of subsection two of this section, who shall file and record the same without fee. (iv.) Any person shall have the right to search the said register at the office of the said clerk of petty sessions and to inspect the particulars aforesaid relating to any security filed in the office of the registrar or in the Registry of the Supreme Court, Brisbane, and to make any copy or extract therefrom on payment of the fee of two shillings and six pence. (v.) Failure by the society or the officer of the soc~ ety as aforesaid to comply with any of the provisions of this section shall not affect the validity of the security issued or granted, but if any security or, in the case of debentures, the prescribed particulars thereof is or are not registered or sent to the said clerk of petty sessions within the prescribed time~ the society and the said officer and the managing director or other governing officer of the society shall each of them be liable to a penalty not exceeding one hundred pounds. Stamp duty. (vi.) The stamp duty on any security may be denoted by adhesive stamps. Certain other Acts not to apply. (vii.) The provisions of *" The Bills of Sale Acts, 1891 to 1896," and of t" The Mercantile Acts, 1867 to 1896," shall not apply to a security under this Act, and any such security shall have the like force and effect as it would have had if this Act had not been passed and such security had been duly registered under * 55 Vie. No. 23 and 60 Vic, No. 11, Bupra, pages 2149 and 2155. t 31 Vic. No. 36 and amending Acts, BUpra, pages 2133 et 88g.

SOCIETIES-STATISTICS. 15597 26 GEO. V. No. 9, 1935. Statistics Act. the said *" The Bills of Sale Acts, 1891 to 1896," or t" The Mercantile Acts, 1867 to 1896," as might be legally required. '" (3.) Any security within the meaning of this section ExiBt~ g which has been duly issued or granted by a society securIties. before the date of the passing of t" The Industrial and Provident Societies Acts Amendment Act of 1935" shall, if such security has not been already registered under some law requiring the registration of securities of the same class, be registered under this Act as a security within sixty days after the date of the passing of the said amendment Act or such further time as the Minister, under the particular circumstances, may by writing under his hand allow to the society. Such registration shall be made as nearly as may be in accordance with the provisions of this Act relating to the registration of securities issued or granted by a society after the date ofthe passing of the said amendment Act, and failure by the society or the proper officer to comply with the provisions of this section shall not affect the validity of the security issued or granted, but failure so to register the same shall render the society and the officer aforesaid and the managing director or other governing officer of the society liable to a penalty not exceeding one hundred pounds." STATISTICS. An Act to Amend the Law relating to Statistical 26 N G o e . o. 9. V. Returns and Information, and for other THE STATISTICS purposes. ACT OF 1935. [ASSENTED TO 17TH OCTOBER, 1935.] B 0' E it enacted by the King's Most Excellent Majesty, by and with the advice and consent 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 Statistics Act of Short title. 1935." * 55 Vic. No. 23 and 60 Vie. No. 11, supra, pages 2149 and 2155. t 31 Vie. No. 36 and amending Acts, supra, pages 2133 et 8eg. t This Act.