Law of Distress and Other Acts Amendment Act of 1934 (25 Geo v No. 33) (Qld)

LANDLOHD AND TENANT. 25 GEO. V. No. 33,1934. Law of D1:stress, Etc..• Amendment Act. 15053 LANDLORD AND TENANT. An Act to Amend the Law as regards Distress for 25 Geo. V. No. 33. Rent, and for other purposes. THE LAW OF DISTRESS [ASSENTED TO 12TH DECEMBER, 1934.] OTHE A R ND ACTS B A~ mNDMEKT E it enacted by the King's Most Excellent Majesty, ACT OF 1934. by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Law of Distress Short titla. and Other Acts Amendment Act of 1934." 2. Except as is herein otherwise provided, this Act Oommence· S ha11 come I . n t 0 operatI'On on a dat e t 0 be procla'lmed by ment of Act. the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 3. In this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings tion. respectively assigned to them, that is to say:- "Court"-The Ma!listrates Court constituted Court. pursuant to *"The MagistratesCourtsAct of 1921" constituted by a police magistrate sitting alone and held nearest to the residence of the tenant, or as may be prescribed. The Magistrates Court constituted by a police magistrate sitting alone shall have exclusive jurisdiction where the amount of the matter of the distraint in respect of rent due does not exceed two hundred pounds: Provided that where such amount exceeds two hundred pounds but does not exceed one thousand two hundred and fifty pounds, either the Supreme Court or Magistrates Court constituted as aforesaid shall have jurisdiction: Provided, however, that where such amount exceeds the sum of one thousand two hundred and fifty pounds the Supreme Court shall be the court having jurisdiction under this Act, and this Act shall be read and construed accordingly; ~ - - - - - ~~ ~ ~ -~~ ~ * 12 Geo. V. No. 22, supra, page 9713.

15054 LANDLORD AND TENANT. Law of Distress, Etc., Amendment Act. 25 GEO. V. No. 33, Prescribed. Regulations. Rules of Court. This Act. " Prescribed "-Prescribed by. this Act; "Regulations"-Regulations made under the authority of this Act; " Rules of Court "-Rules of Court made under the authority of this Act; "This Act"-This Act and all Rules of Court and regulations made thereunder. The terms "goods and chattels," "hire-purchase agreement," "hirer," and "owner" s.p.all have the meanings respectively assigned to them by virtue of *" The Hire-purchase Agreement Acts, 1933 to 1934." Limitation 4. Notwithstanding any Act or law or rule or of distraint. process of law to the contrary, but subject to the provisions hereinafter contained in this Act, no person shall distrain or levy for rent due in respect of any premises, messuages, or lands the goods and chattels of any person save and except the goods and chattels of the tenant or person in possession of the premises in respect of which such rent has accrued due and being the goods and chattels of the person against whom, in accordance with this Act distraint may issue, and not the goods and chattels the property of any other person: Provided, however, that goods and chattels of the tenant or person in possession as aforesaid which are the subject of a hire-purchase agreement shall be deemed to be the property of such tenant or person, and shall be liable to distraint unless the person distraining or his agent has, prior to giving notice of his intention to distrain as provided in section five of this Act, received from the owner thereof written notification of such hire-purchase agreement and of the goods and chattels comprised therein. Unless notification as aforesaid has been received by the person distraining, section nine of this Act shall not apply to such goods and chattels: Provided further that in the case of any sale by the landlord of such goods and chattels so deemed to be the property of the tenant or person in possession as aforesaid, the proceeds of such sale shall be applied by the landlord insofar as the same extend in the manner set forth in paragraph (b) of subsection two of section * 24 Geo. V. No. 9, supra, page 14602, and this Act.

19;-K LANDLOHD AND TENANT. - ~ - - - - ~ - - - -- - - - - - - - Law of Distress, Etc., AmendlnMnt Act. 15055 nine of this Act, but with this variation- ~ - namely, that provision (iii.) of such paragraph shall have priority over provision (ii.) of such paragraph, and the proviso to the said paragraph (b) shall not apply. 5. (1.) Notwithstanding any Act or law or rule or Procedure Process of law to the contrary, no person to whom any i o n f dr 1 ~ 8 8 t , p r e a ~ t In t . rent shall be due shall distrain any goods or chattels for such rent otherwise than in accordance with this Act. (2.) Such person (hereinafter in this Act called" the landlord") before proceeding to distrain shall give to the person on whose premises the goods and chattels are intended to be distrained (hereinafter in this Act called" the tenant") notice of his intention so to do. (3.) Such notice shall contain an address for service and shall be signed by the landlord or by some duly authorised attor1'ley or agent of the landlord, and shall be deemed to be duly given if delivered to the tenant personally or if posted by registered letter addressed to the tenant at his last known place of abode in Queensland. A notice so posted shall be deemed to have been given at the time when the registered letter would have in the ordinary course been delivered. (4.) If the tenant does not within fourteen days after the giving of any such notice of intention as aforesaid make an application to the court for relief as herein provided and serve a copy of such application on the landlord, the landlord, may on the expiration of the said fourteen days proceed to distrain accordingly. (5.) If the tenant makes such application and serves a copy thereof in accordance with the last preceding subsection, the landlord shall not distrain until such application has been disposed of by the court or otherwise than subject to and in accordance with any order made by the court as hereinafter provided. (6.) During the period of such notice as aforesaid and such further period (if any) as the court may order under section seven of this Act, no person shall, without the permission of the landlord, remove any goods and chattels which would have been liable to immediate distraint by the landlord or his agent if such notice had not been required to be given under this section. Any· person removing any such goods and chattels as aforesaid, without the permission of the landlord, shall be guilty of an offence.

15056 LANDLORD AND TENANT. - - - - ----------- Law of Distrcss, Etc., Amcndment Act. 25 GEO. V. No. 33, Application 6. (1.) A tenant shall in making such application to court. to the court for relief state therein the date on which such notice as aforesaid was given by the landlord, and shall also set forth therein the specified grounds for such relief. Considera- (2.) In determining whether relief against distraint t b i y oncourt. by the landlord shall be granted to the tenant, the court may take into consideration- (a) The extent to which the tenant has been or is being detrimentally affected by any economic or financial conditions affecting trade or industry in Queensland. (b) Any submission by the tenant that by reason of unemployment he was unable to pay any rent or portion thereof which accrued due before the date of making his application, and that consequently he is at the date of the application unable to make payments for his tenancy equal in amount to the rent, and that failure to obtain sufficient employment has been through no fault on his part. (c) The extent to which relief (if any), and of what nature, has already been granted to the tenant by the landlord under any Act or law, or voluntarily by the landlord, prior to the date of such application. (d) The conduct of the tenant in respect of any breaches by him of the covenants of the lease. (e) Any hardship that may be inflicted upon the landlord by the making of any order of the court, taking into consideration the economic and financial conditions prevailing. (f) Any other factors and circumstances as may be deemed fit and proper to allow justice to be done in respect of any such application. Nature ot relief. 7. If, having regard to the considerations mentioned in the last preceding section and to all oth~ r relevant considerations, the court is of opinion that relief should be granted to the tenant, it may in its absolute discretion, subject to such terms and conditions as it thinks fit to impose, order that the

LANDLORD AND TENANT, 15057 19:34, Law of DiS'trelsS', Etc"Amendment Act, landlord shall not, before a date specified in such order (being not later than six weeks after the date of the tenant's application for relief) make any distraint, save by leave of the court upon application by the landlord in that behalf, on account of a breach by the tenant of any such terms and conditions as aforesaid, Such terms and conditions as ordered by the court may include the payment by the tenant to the landlord of any sum by way of instalments and at such times as the court in its discretion may order. 8. If, however, on the hearing of any such Court may app I l ' Oat'IOn as a f oresal' d the court , after consl' den' ng the refuse relIef . grounds upon which the application is made and the grounds (if any) on which such application is opposed, and all other circumstances of the case, is of opinion that such application should be refused, the court may make an order refusing such application for relief under this section accordingly. 9. (1.) Notwithstanding anything in any Act or Power to any law to the contrary, where any goods or chattels ~ ~ ~ _ er where have been distrained for rent due by a tenant in respect purchase of any premises, and such goods or chattels or any part ~~ ai~ : t~ s~ thereof are or is comprised in a hire-purchase agreement notify made by such tenant as hirer, the owner of any of the landlord, goods or chattels comprised therein or his agent may at any time before the day of the sale of any goods or chattels so distrained deliver a notice in the prescribed form or to the like effect- (a) Stating that the goods or chattels are the subject of a hire-purchase agreement and that he is such owner or the agent of such owner (as the case may be); and (b) Setting out the particulars of the goods or chattels comprised in the hire-purchase agreement and the total amount still unpaid and upon payment of which by the hirer such hirer would become or be entitled to become the owner of the said goods and chattels pursuant to the said agreement, to the person who has made such distraint (in this section referred to as "the landlord") or the bailiff or other

15058 LANDLORD AND TENANT. Law of Distress, Etc., Amendment Act. 25 GEO. V. No. 33, agent employed by the landlord to levy the distress, and shall deliver a copy of such notice to the hirer. (2.) Upon delivery of such notice as aforesaid- (a) In the case where at the time the distress is levied there are upon the premises upon which the distress has been levied sufficient other goods or chattels on which distress may lawfully be made to satisfy the distress, no further. proceedings shall be taken under such distress in respect of the goods or chattels comprised in the hire-purchase agreement, but the landlord or his bailiff or other agent may distrain upon such other goods or chattels in the same manner as he might have distrained thereon in the first instance and without any further warrant of distress; and (b) In any other case, the landlord or his bailiff or other agent employed by him to levy the distress may, upon giving to the owner seven days' notice in the prescribed form, proceed to the sale of the goods and chattels liable to distress and comprised in the hire-purchase agreement in the manner provided by law, and the proceeds of such sale shall be applied by the landlord in so far as the same extend, in the following manner:- (i.) First, in payment of the costs of and incidental to the distress and sale and, when such goods and chattels include the goods and chattels' of more than one owner, such costs shall be apportioned proportionately to the amounts realised for the goods of each owner respectively; (ii.) Secondly, in payment to the owner of the amount still unpaid under the said agreement, and upon payment of which the said hirer would have become or have been entitled to become the owner of the said goods and chattels pursuant to the said agreement; and

1£)34. LANDLORD AND TENANT. Law of Distr'B'ss, Ete., Limendm,ent Ad. 15059 (iii.) Thirdly, in satisfaction of the amount due to the landlord, and the balance (if any) of such proceeds shall be paid by the landlord to the said hirer: Provided that no such goods or chattels shall be sold as aforesaid under this paragraph unless the proceeds of the sale (if the same were applied for the purposes mentioned in subparagraphs (i.) and (ii.) of this paragraph) would be greater than the amount which would be required for those purposes. (3.) At any time before the payment referred to in Power to subparagraph (ii.) of paragraph (b) of the last preceding ~~ r where subsection is made to the owner, the said hirer, if he to : : : : ~ tS considers that the amount still unpaid and upon payment ~~ e under of which the said hirer would become or be entitled to p~ :~ hase b t oectohme esathl' de aogwrneeermoefntthIe.S sIaeisds gt ohoadnstahnedacmhoatutnetlsspeut rosuutanI. nt adtogerte 0 ebremtm a i ~ l n n n a t - the notice given under subsection one of this section, tionofcourt. may, upon giving forty-eight hours' notice to the said landlord or his bailiff or other agent (as the case may be) and to the owner of his intention so to do, apply to the court for a determination of the amount, and such court shall entertain, inquire into, and determine the matter accordingly, and shall make such order as it thinks fit. (4.) Where any goods or chattels comprised in a Where land- hire-purchase agreement are distrained for rent- lord has notice of (i.) I r f eassuocnhabgloyodcs I eoarr ncohtaitcteelIs . n d hl ' aCvaet . mugpotnhatthesmomae poinethtreserorensst ionf person (other than the tenant) is the owner gd 1 ? 8 Otd ra s l . ne d , of such goods or chattels; or such persons . . to be notified (li.) If the landlord or the bailiff or other agent of distress. employed by the landlord to levy the distress is informed by the tenant or some person apparently in charge of the premises upon which the distress is levied that some person (other than the tenant) is the owner of such goods or chattels, the landlord or his bailiff or other agent shall give notice to such person that distress has been levied upon such M

15060 LANDLORD AND TENANT. Law of Distress, Etc., Amendmen,t Act. 25 GEO. V. No. 33, goods or chattels; and notwithstanding anything in any other Act or any law to the contrary, such goods or chattels shall not be removed or sold by the landlord or his bailiff or other agent until the expiration of seven ,days after the giving of such notice, and within such period such owner may proceed as provided in subsection one hereof, and thereupon the provisions of subsection two shall apply and extend accordingly. Such notice shall contain an address for service and shall be signed by the landlord or by his bailiff or other agent, and shall be deemed to be duly given if delivered to such person personally or if posted by registered letter addressed to him at his last known place of business in Queensland. A notice so posted shall be deemed to have been given at the time when the registered letter would have in the ordinary course been delivered. Duty of (5.) (a) When any distress has been made upon any tneontiafnyt to goods or chattels referred to in this section the tenant ~ a~ ctt~ ~ ! ; ho shall forfthhwitf:h nothify thhe .Iandlorhd or his bafiliff 0hr othder distress on agent 0 t e act t at e IS not t e owner 0 suc goo S hire- h or chattels, and shall also notify the said landlord or E: ~ s~se his bailiff or other agent of the total amount of money still unpaid and upon payment of which by the hirer such hirer would become or be entitled to become the owner of such goods or chattels pursuant to such hire- purchase agreement as aforesaid. (b) If the tenant fails without reasonable cause or excuse to give the notice provided in paragraph (a) of this subsection he shall be liable to a penalty not exceeding ten pounds. Definitions. (6.) For the' purpose of this section "premises" includes" premises, messuages, or lands" ; and "tenant" includes the tenant or the person in possession. Illegal distraint;. 10. Any person who shall distrain any goods and chattels otherwise than in accordance with this Act shall be deemed guilty of an illegal distress, and in addition to any action at law at the suit of any person whose goods and chattels are so distrained shall if he knowingly distrains such goods be guilty of an offence against this Act: Provided that no civil or criminal proceedings shall lie against any bailiff appointed by any court in respect

LANDLORD AND TENANT. 15061 1934. Law of Distress J Etc. J Amendment Act. of any act or thing done by him contrary to the provisions of this Act in any case where such bailiff acts in good faith and in the belief that such act or thing done by him is good in law. 11. The *" Distress Replevin and Ejectment Act of Construction 1867" and any other Act or law relating to distress of Acts. shall be and be deemed to be amended by this Act and shall be read and construed accordingly. 12. Any stipulation, covenant, or condition in any Contracting· contract, agreement, or lease which declares or purports out. to declare that this Act or any provision or like provision thereof shall not apply in respect of such contract, agreement, or lease shall not prevent the court from making any order under this Act. 13. The practice of the court as to time, place, Seryice of and meth 0 d 0 f serVI.Ce and otherWl.Se sha 11 app 1 y to t he notlCes' &c. service of any notice under this Act. 14. Any application made under this Act shall be Hearing. heard by the court in open court unless in any particular case the court decides in its discretion that the matter should be heard in camera. 15. (1.) Subject to this Act, any person- Offences. (a) Who is guilty of an offence against, or of a breach of duty under, this Act; or (b) Who neglects, refuses, or fails to comply with any provision of this Act, shall, where no penalty is otherwise provided, be liable to a penalty not exceeding one hundred pounds. (2.) Any prosecution for any such offence may be Prosecution. instituted by any officer authorised by the Minister, whether generally or in any particular case, or by any person aggrieved. ( 3.) All such proceedings shall be he. ard and Ptorobceeehdeianrgds determined in a summarv way on complamt under in a t" The Justices Acts, 1886< to 1932." w su a m y. mary (4.) Where any offence against any of the provisions Offence by of this Act is committed by a corporation or company company. the chairman of directors or manager or other governing officer, by whatever name called, of such corporation * 31 Vic. No. 16, supra, page 1699. t 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

15062 LANDLORD AND 'l'ENANT. Law O'f Distress, Etc., Amendment Act. 25 GEO. V. No. 33, or company shall be liable to the punishment provided· by this Act for such offence if it is proved that such offence was committed with his knowledge or connivance. S!t,:ing of 16. Subject to this Act, nothing in this Act shall C pr I o vi c l eedings. preJ • udI'Ce or affect t he rI.ght 0 f any person to wh om rent is due to recover the same as a debt from the person liable to pay the same in any court of competent jurisdiction. Special cases before 17. Where, with respect to any matter or thing commence· under this Act, any person has since the first day of mofetnhtis Act. eOxcetrocbieser,d aognaeinstht oaunsyanpdersnoinnesuhchunpdorwedersanadndthdiortnye-fsouucrh, acts which if this Act were in operation as from such date would be contrary to its provisions, the person aggrieved may apply to the court for an order setting aside the exercise of such powers or the doing of such acts and reinstating the parties as nearly as may be in their former positions, and the granting to such person aggrieved the relief under this Act as if the exercise of the power or the doing of such act had not been exercised or done. At any application the court may in its discretion grant such relief to the person aggrieved as it shall deem fit and proper under the circumstances or it may refuse any such application, and all the powers, authorities, and jurisdiction of the court under this Act shall, mutatis mutandis, apply and extend accordingly: Provided that no application to the court under .this section shall be heard by the court unless the application is made within two months from the commencement of this Act. Effect of order. 18. An order made by the court pursuant to this Act shall have authority and effect as an order of the court and shall be obeyed by all persons concerned: Provided that in any case where any person to whom an order has been granted by the court neglects or contravenes or fails to comply with the provisions thereof, it shall be competent for the person against whom the order was made to apply to the court for a cancellation or review thereof, and the court on such application may make such order as it shall deem fit and proper.

LANDLORD AND r:J'ENANT. 15063 1934. Law of Distress, Etc., .lirnendrnent Act. The costs of any application under this Act shall Costs. be in the absolute discretion of the court. 19. Subject as hereinafter mentioned, any order of No appeal. the court made or purporting to have been made under the provisions of this Act shall be final and conclusive and without appeal, and no writ of prohibition or certiorari shall lie in respect thereof: Provided that, in connection with distraint where Saving. the amount in respect of the distraint exceeds one hundred pounds, an appeal shall lie and shall be deemed to be an appeal under the provisions of *" The Magistrates Courts Act of 1921," and the provisions of such lastmentioned Act shall, mutatis m'tdandis, apply and extend accordingly. 20. The Governor in Council may from time to Regulations. time make regulations prescribing the forms to be used and the procedure to be followed under this Act, and all such other matters and things as may be necessary or convenient for giving full effect to the provisions of this Act and for the due administration thereof,' and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Such regulations shall be published in the Gazette, and forthwith upon such publication shall be read and construed as if they were embraced in and formed part of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before the Legislative Assembly within fourteen days after such publication if the Legislative Assembly is in session; or if not, then within fourteen days after the commencement of the next session thereof. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. * 12 Geo. V. No. 22, 8upra,page 9713.

15064 LANDLORD AND TENANT. Law of Distress, Etc., Amendment Act. 25 GEO. V. No. 33, Application 21. Subject to this Act, the provisions of *" The Mofagistrates Magistrates Courts Act of 1921" and Rules of Court COlU'ts Act. made thereunder shall, so far as the same are applicable, apply and extend in respect of any matter or thing under this Act where such Magistrates Court has jurisdiction under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act. Application of" The 22. In any case where the Supreme Court is the Supreme court having jurisdiction under this Act, the provisions o C f ou 1 r 9 t 2 A 1. c " t of t"The SupremeCourtAct of 1921" and the Rules of Court thereunder shall, so far as the same are applicable, apply and extend in respect of any matter or thing under this Act, and the power and authority to make Rules of Court under such Act shall apply and extend for the purposes of this Act, and this Act shall be read and construed accordingly. Orders in Council. 23. All Orders in Council on being approved by the Governor in Council shall be published in the Gazette, and thereupon shall have the same force and effect as if they were embraced in and formed part of this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Copies of such Orders in Council shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in session; or, if not? then within fourteen days after the commencement of the next session. Any such Orders in Council may be revoked or amended by the Governor in Council by Order in Council pub]jshed jn the Gazette. Rules and regulations maybe made on passing of this Act. 24. Any Rules of Court or regulations under this Act may be made on the passing of this Act. Financial Emergency Acts, &c., preserved. 25. Nothing in this Act shall prejudice or in any wise affect t" The Legal Process Restriction Act of 1904," * 12 Geo. V. No. 22, Bupra, page 9713. t 12 Geo. V. No. 15, Bupr'a, page 9787. t 4 Edw. VII. No. 15, supra, page 1735.

1934. LANDLORD AND TENANT. Law of Distress, Etc., Amendm,ent Act. 15065 or *"The Fair Rents Act of 1920," or t"The Hire-purchase Agreement Act of 1933," or t" The Financial Emergency Act of 1931," or §" The Financial Emergency Relief Extension Act of 1932," or 11" The Mortgagors Relief Acts, 1931 to 1932," or ~ " The Lessees' Relief Acts, 1931 to 1932," or any Act amending or in substitution for those Acts; but this Act shall be construed as being in aid of such Acts: Provided that the words " from time to time" are inserted in subsection one of section 17n of t" The Financial Emergency Act of 1931" (as inserted by section eleven of §" The Financial Emergency Relief Extension Act of 1932 ") after the words "extended time as may," occurring in such subsection; and this amendment takes effect from the passing of this Act. Amendment of t" The Hire,-purchase Agreement Act of 1933." 26. (1.) This section shall be read and construed ~n: ;- , e~ ~ ent with t" The Hire-purchase Agreement Act of 1933," herein 1Iire- e in this section referred to as the Principal Act. PAgurrecehmaseent The Principal Act and this section may collectively Act of 1933." be cited as " The Hire-purchase Agreement Acts, 1933 to 1934." Section two of the PrinCipal Act is amended as follows : - The following paragraph~ are added to the definition of "Hire-purchase agreement" in the said section, as follows : - " The term also means and includes any agreement for the hiring of goods and chattels with or without expressly giving to the hirer an option of purchase of such goods and chattels whereby the owner agrees to let to the hirer such goods and chattels for a defined period as set forth in the agreement during which period prescribed instalments are therein payable by the hirer (the total * 10 Geo. V. No. 31, 8ttpra, page 9195. t 24 Geo. V. No. 9, supra, page 14602. ~ 22 Geo. V. No. 1, supra, page 134D2. § 23 Qeo. V. No. 10, supra, page 14084. 11 22 Geo. V. No. 6 and 23 Qeo. V. No. 10, supra, pages 13848 and 14084. 'Il 22 Qeo. V. No. 28 and 23 Geo. V. No. 10, supra, pages 13828 and 14084.

15066 LANDLORD AND TENANT. Law of DistTess, Etc., Amendment Act. 25 GEO. V. No. 33, of which including any deposit amount approximately to the value of the goods and chattels so hired) and at the termination of which period such agreement allows the hirer of such goods and chattels to continue the hiring thereof subject to the payment of a nominal rent only: Moreover the term also means and includes any scheme or device wholly or partly in writing on or in connection with the sale or agreement for sale of goods and chattels or with the intended or future sale thereof which in the opinion of the Court is intended to give to the owner security for the payment of the purchase-money or any part or instalment thereof and whether referred to as rent or hire or otherwise by retaining or attempting to retain the property in such goods and chattels in the owner until due and full payment of such purchase-money or part or instalment thereof or until any later time: Provided that the averment in any summons, plaint, complaint, or other process that any document or writing is a hire_ purchase agreement shall be conclusive of that fact unless and until the contrary is proved." (2.) The provisions of this section shall take effect and have operation as and from the passing of this Act. Amendment of *" The ~ Money Lenders Acts, 1916 to 1933." Amendment 27. (1.) This section shall be read and construed M of o " ne T y he with *" The Money Lenders Acts, 1916 to 1933," herein in Lenders Acts, this section referred to as the Principal Act. 1916 to 1933." The Principal Act and this section may be collectively cited as "The Money Lenders Acts, 1916 to 1934." * 7 Geo. V. No. 13 and 24 Geo. V. No. 5, supra, pages 7646 and 14698.

LANDLORD AND TENANT. 15067 1934. Law of Distress, Etc., Amendment Act. Section fourteen of the Principal Act is repealed and the following section is inserted in lieu thereof, namely:- "[14.] (1.) Subject as hereinafter provided, it shall Restriction not be lawful for any person to charge, recover, or receive ~ ~ t~ ning a directly or indirectly, or as a partner with any other loan. person or persons, any moneys for or in respect of the making, procuring, negotiating, or obtaining any loan, or for or in respect of the collection of repayments thereof: Provided that the lender shall not be precluded from charging or recovering from the borrower such sums as shall include the following costs, fees, or charges, that is to say :- (a) Any costs or fees paid or payable in respect of the preparation of the documents in question (but only where such documents are prepared by a solicitor or conveyancer); or (b) In respect of the payment of any stamp duty or other registration fees in regard to such documents; or (c) Valuation charges paid out of pocket by the lender concerned; or (d) Other reasonable fees (including collection fees) paid out of pocket by the lender concerned: Provided further, that the total sums so charged in respect of any costs, fees, or charges included in paragraphs (c)· and/or (d) shall not exceed such per centum of the amount of the principal sum actually lent as may from time to time be prescribed. (2.) Every contract made or entered into or transaction entered into or performed in breach of or with intent to evade or avoid this section shaH be absolutely void: Moreover, any money or money's worth directly or indirectly paid or allowed to or received by any person in contravention of this section may, notwithstanding any contract or agreement to the contrary, be recovered by the borrower from such person. (3.) Any person guilty of an offence against this section shall be liable to a penalty of not exceeding one hundred pounds, and in addition upon conviction the

15068 LANDLORD AND TENANT-LAND TAX. Land Tax Act Amendment Act. 25 GEO. V. No. 9, Court may order him to repay any moneys charged, recovered, or received by him contrary to the provisions of this section." (2.) The provisions of this section shall take effect and have operation as and from the passing of this Act: Provided that notwithstanding any Act or law to the contrary in respect of any loan made to a borrower by a money-lender, and whether such loan is made before, on, or after the passing of this Act, the Court shall, on application by the borrower, have power, authority, and jurisdiction to declare that any sum paid by or payable by the borrower for or in respect of the making, procuring, negotiating, or obtaining such loan, or for or in respect of the collection of repayments thereof is harsh and excessive; and the Court shall in its discretion have power, authority, and jurisdiction to review any sum so paid or payable by the borrower as aforesaid (notwithstanding that any costs, fees, or charges as are included in paragraphs (c) and/or (d) of subsection one of this section have not at the making of such application been prescribed) and to make such order in respect of such application as it shall think just and proper in the circumstances; and any such application herein may be made as and from the passing of this Act. LAND TAX. 25 Geo. V. An Act to Amend" The Land Tax Act of 1915" by No. 9. THE LAND Imposing and Levying the Super Land Tax in TAX ACT AMENDMENT and for the Financial Year beginning on the ACT OF 1934. 1st day of July, 1934. [ASSENTED TO 11TH OCTOBER, 1934.] 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:- Short title 1. This Act may be cited as " The Land Tax Act and t t' Amendment Act of 1934," and shall be read as one with cons ruc IOn. *" The Land Tax Act of 1915 " and its several amendments, herein collectively referred to as the Principal Act. * 6 Geo. V. No. 34, 8upra, page 6951.