Industries Assistance Act Amendment Act 1915 (WA)

WESTERN AUSTRALIA.

ANNO SENTO

GEORGII QUINTI REGIS,

XIX.

No. 52 of 1915.

AN ACT to amend the Industries Assistance

Act, 1915, and the 'Land Act, 1898.

[Assented to 4th November, 1915.]

DE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:—

This Act may be cited as the Industries Assistance Act A men dv ? erit ct , 1915, and shall he read as one with the Industries	Short
Assistance Act, 1915, hereinafter referred to as the principal Act.

1.

Section nine of the principal Act is amended by adding to paragraph (b) the following words "and municipal and road	Amendment of
Section 9.
board rates and licenses, veterinary charges, the wages of farm hands, insurance premiums, and medical, surgical, and dental expenses"; and by striking out the proviso.

2.

Section twelve of the principal Act is amended by inserting in paragraph (c), after the word "fees," the following words, " or	Amendment of
Section 12.
municipal and road board rates and licenses, veterinary charges, the wages of farm hands, insurance premiums, or medical, surgical, and dental expenses."

3.

1915, No. 52.1 _Industries Assistance Act—Amendment. [6 GEO. V.

Amendment of 4. Section fifteen of the principal Act is amended by adding

Section 15. a proviso to subsection (2) thereof, as follows:

Provided that where advances are made to an applicant for the purposes mentioned in paragraph (c) of section nine, and not for any of the purposes mentioned in paragraph (a) and (b) thereof, the Colonial Treasurer may, in his discretion, exempt from the operation of his security the crops and chattels of the applicant.

The said section fifteen is further amended by inserting after the word "advances," in the ninth line of the proviso to sub- section one thereof, the words "or if such notice as aforesaid shall not have been given," and by omitting the words "either subject to such mortgage or mortgagee's or vendor's lien or on the security of a bill of sale over," and inserting in place thereof the following words, namely, ''subject to such mortgage or mortgages or vendor's lien as regards the applicant's land, and on the security of a first charge upon."

Amendment of 5.

(1.) Section twenty-one of the principal Act is amended by inserting after the word "may," in line six thereof, the words "notwithstanding any other assignment of or encumbrance upon such crops, except assignments for the benefit of creditors made before the advances by the Colonial. Treasurer under this Act," and by adding to the section the follow ing words :— " If such surplus is applied by the Colonial Treasurer as aforesaid,

Section 21.

creditors who participate in such distribution shall allow a discount of one and a quarter per centum off their claims, so far as the same are satisfied, and such discount may be applied by the Colonial Treasurer towards the cost of administering this Act."

(2.) Section twenty-one of the principal Act is further amended by adding a paragraph as follows If the Colonial Treasurer shall, in his discretion, think fit to give effect to this section by applying the surplus proceeds of the assigned crops in or towards the discharge of the other debts and obligations of the applicant, the applicant shall not nor shall any person claiming under him redeem, prior to the distribution of such surplus, the securities in the hands of the Colonial Treasurer, anything contained in this A ct to the contrary notwithstanding."

Amendment of 6.

Section twenty-three of the principal Act is amended by 5 A. (a.) Every purchaser under a contract in respect of which relief is granted under this section, who, before the commencement of this Act, may have contracted for the sale of wheat for future delivery shall, unless the contrary intention is proved, be deemed to have contracted for the sale of wheat bought by him from the farmer who obtained such relief.

Section 23. inserting a subsection, as follows:—

6 GEO. V.] Industries Assistance Act—Antendmen t. [1915, No. 52.

(b.) Every sub-purchaser from such purchaser as aforesaid who, before the commencement of this. Act, may have contracted for the sale of wheat for future delivery shall, unless the contrary intention is proved, be deemed to have contracted for the sale of wheat bought by him from such purchaser.

(c.) The words every sub-purchaser" shall extend lo and in- clude every person buying any such wheat as aforesaid from any prior sub-purchaser.

And by inserting in subsection (6). after the }cord -‘ section," in line six, the following words :—" and such relief may be claimed notwithstanding that the relief granted under section (4) may have been granted after the date appointed for the performance of the contract of sale made by them."

And by adding to sub-section (6) paragraphs, as follows:

`° If an agent for the sale of a farmer's wheat, in contracting for the sale thereof has incurred the liability of a principal, such agent shall for the purposes of this subsection be deemed a purchaser from the farmer and the farmer shall be deemed to have sold to the agent, and to have the right to apply under subsection (2) for relief as though he had sold to the agent, and if relief is granted to the farmer, and the agent is unable to perform his contract of sale in consequence of such relief, the agent may claim relief under this subsection from Ins obligation under the contract of sale made by him."

Every purchaser or sub-purchaser as aforesaid shall be deemed to be unable to perform his obligations under contracts of sale made by him to the extent of the aggregate relief afforded under subsection (4) of this section to the tanners in respect of the purchasers' contracts with such farmers.

7. Where commodities have been supplied or are deemed to cat,,,(/ to have

have been supplied or are hereafter supplied, or advances have been eect a ff reg istered

acknowledgment

made or are hereafter made, under the principal Act, on an applica- and c.o.:wt. of the form in the schedule to this Act, signed by or on behalf of the Colonial Treasurer, and registered in the register book of the Land Titles Office, or the Department of Lands and Surveys, as the ease may be, shall have the same effect as an acknowledgment and contract in the form in the first Sehedine to the principal Act, signed by the applicant and duly registered; and all moneys advanced or deemed to have been advanced" pursuant to such application, including advances to which the proviso to subsection (1) of section fifteen applies, with interest at the rate of six pounds per centum per annum, shall be repayable by the applicant and secured to the Colonial Treasurer in accordance with the pro- visions of the principal Act, as if an acknowledgment and contract

ad been duly registered.

1915, No. 52.1 Industries Assistance Art—Amendment. [6 GEO. V.

Intendment of 8.

The third schedule to the principal Act is amended by omitting the figures 1913-14, in paragraph (7), and inserting the figures 1914-15 in place thereof, and by adding to paragraph 1 the words —" Without limiting the meaning of the words debts incurred in the working expenses of planting and harvesting the crop in the 1914-15 season, such working expenses shall include seed, fertilisers, wages, jutes, twines, oils, horse-feed, and stores."

Third Schedule.

Power to insure. 9.

The Colonial Treasurer may insure against loss or damage by fire the crops of au applicant to whom advances have been or are hereafter made under the principal Act; and every applicant as aforesaid shall, until such advances have been repaid, effect to the satisfaction of the Colonial Treasurer an insurance against liability to his workers under the Workers' Compensation Act, 1912, the Employers' Liability Act, 1894, or at common law, or the Colonial Treasurer may, in the name and on behalf of the applicant, effect such insurance. The premiums paid by the Colonial Treasurer under any such policy of insurance shall be deemed advances under paragraph (b) of section nine of the principal Act.

P base money of 10. It shall be the duty of any person who purchases the crops,

sales of crop or pro-

au to be paid to or any product of the crops, of any person to whom advances

the colonial Trea- have been made under the principal Act on the security of such surer,

crops, whose name is on the register kept under the provisions of Section twenty-two of the principal Act, to pay the purchase money to the Colonial Treasurer, and any authority of the Colonial Treasurer to the person to whom such advances have been made to sell such crops or produce on behalf of the Colonial Treasurer shall not be deemed to authorise such person to receive the pur- chase money ; and in default of payment of such purchase money to the Colonial Treasurer it shall be recoverable from the purchaser by action at the suit of 'the Colonial Treasurer in the name of his office :

Provided that nothing herein contained shall affect the right of the Colonial Treasurer to recover from the purchaser the crops or the produce thereof, or the value of such crops or produce, in case such crops or produce shall have been sold without the authority of the Colonial Treasurer.

Interest on arrears

of rent when aa- 11. Every conditional purchase lessee shall, as from the 1st day of April, 1915, be liable to pay to the Minister for Lands interest on his rent in arrear at the rate of six pounds per centum per annum until payment:

sistanco not sought .

Provided that if an application is made by the lessee to the Board for an advance to enable him to pay such arrears, and such application is refused, the liability of the lessee for the payment of interest shall cease as from the date of such application.

6 (ho. V.j Industries Assistance Act—Amendment. [1915, No. 52.

12.	Any person who aids or abets any other person to whom Penalty for aiding	t7r(Itoan
, blientot( i ititgienmwe sli

commodities have been supplied under this Act in using or attempt- ing to use such commodities, or any quantity thereof, for a purpose other than that for which such commodities were supplied, shall be guilty of an offence, and shall be liable to a penalty not exceeding fifty pounds, or to be imprisoned for a term not exceeding six months.

13.     No commodity shall be supplied or money advanced Advances not la

be made after ;l ist

under the principal Act or this Act after the 31st day of March,	March. 1917.
1917.

14. The amendments made by this Act shall have effect as from Effect of amend. ments.

the commencement of the principal Act.

1915, No. 52.] Industries Assistance Act---Amendmeh L6 ED. V.

THE SCHEDULE.

CAVEAT.

To the Registrar of Titles [or To the Croler Secretary for Lands.]

TAKE NOTICE that I, the Colonial Treasurer, claim to have a statutory charge as mortgagee under "The Industries Assistance Aet, 1915," for advances under

paragraphs (a), tb), and (c) of Section .9 of the said Act, upon

, standing in the Register

Book in the name of

And I forbid the registration of any person as transferee or proprietor of and of any instrument affecting the said lease or interest, unless such instrument is expressed to be subject to my claim,

appoint the Crown Law Offices. Perth, as the place at which notices and proceedings relating to this Caveat may be served.

Dated this day of , 1915.

Colonial Treasurer.

by 'Its Agent

Signed in the C

presence of

By Authority: FRED, Wm. S[MPsok, Government Printer, Perth.