Money Lenders Act of 1916 (7 Geo v No. 13) (Qld)

7646 MINING.-MONEY LENDERS. Money Lenders Aot. 7 GEO. V. No. 13, Amendment 21. The following words are added to subsection of s. 54. two of section fifty-four of the Principal Act :-" and the manager shall further investigate the matter, and take steps to prevent any accident likely to result from such danger." Amendment 22. The following proviso is added to the first para- of s. 63. graph of section sixty-three of the Principal Act : - Provided that, for any offence against the special rules made with respect to any mine under section forty- three or section fifty-one of this Act, the owner, agent, or manager of such mine shall be deemed to be a person authorised to make a complaint. MONEY LENDERS. 7 Geo. V. An Act to Amend the Law with respect to Persons No.I3. THE MONEY carrying on business as Money Lenders. LENDERS ACT OF 1916. [ASSEN'l'ED TO 18TH DECEMBER, 1916.J B E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Council and Legislative 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 Money Lenders amnedncceomme· nt. Act of 1916," and shall come into operation on the first day of January, one thousand nine hundred and seventeen. Repeal of 2. "The Usury Act of 1834" is repealed. 5 Wm. IV. N.o.lO. Interprets· 3. In this Act, unless the context otherwise indicates, ~ ~~ No. 2701, the fol~ owing ter~ s have the meanIngs set against them 138.3,4. respectIvely, that IS to say:- Court. "Court," where necessary, includes any judg~ of the court; Interest. "Interest" includes discount, premiums, bonus, commission, deduction, fine, penalty, renewal charge, fees, costs, charges, and expenses, whether preliminary or otherwise, or any money or money's worth or any other con- sideration whatever, and whether the same is charged, paid, given, or allowed directly or * 5 Wm. IV. No. 10, supra, page 3529.

MONEY LENDERS. 7647 1916. Money Lenders Act. indirectly for or in connection with the loan or transaction itself or any application, valua- tion, or security therefor: the term does not include any commission paid by the borrower (or, in the case of a hire-purchase transaction, the lessee) to any third person, nor any costs or fees paid either by the lender or the borrower (or lessee in the case aforesaid) to any solicitor or valuator, nor any fees paid out of pocket by the lender (or lessor in the case aforesaid) where no solicitor acts for him, provided that the lender (or lessor) does not participate or have any interest in any such commission, costs, or fees. " Loan" includes advance, discount, moneypaid for Loa.n. or on account of or on behalf of or at the request of any person, or the forbearance to require payment of money owing on any account whatsoever: the term includes every contract (whatever its terms or form may be) which is in substance or effect a loan of money, and also a contract to secure the repayment of such loan; and the expressions "lend" and "lender" shall be construed accordingly. "Money-lender" includes every person whose Money- busm· ess I . S that 0 f money- 1end· mg, or wh 0 l fl e 3 nd & er 64 v· t c: advertises or announces himself or holds 51, s. 6. 10 • himself out in any way as carrying on that business, or who lends money at a rate of interest exceeding twelve pounds per centum per annum: the term does not include- (a) Any pawnbroker in respect of business carried on by him in accordance with the laws for the time being in force in relation to pawnbrokers; or (b) Any society registered under the laws relating to Friendly Societies or Building Societies; or (c) Any body corporate incorporated or em- powered by a special Act of Parliament to lend money in accordance with such special Act; or (d) Any person or body corporate bona :fide carrying on the business of banking or insurance, or bona fide carrying on any

7648 MONEY LENDERS. Money Lenders Act. 7 GEO. V. No. 13, business not having for any of its objects the lending of money, in the course of which and for the purposes whereof he or it lends money at a rate of interest not exceeding twelve pounds per centum per annum; or (e) Any body corporate for the time being exempted from registration under this Act by order of the Governor in Council pub- lished in the q-azette; or (f) Any trustee within the meaning of "The Trustees and Executors Acts, 1897 to 1906"* under any will or under a bona fide marriage or family settlement, or the solicitor of any such trustee, bona fide lending trust funds in accordance with the provisions of his trust at a rate of interest not exceeding twelve pounds per centum per annum. Prescribed. "Prescribed"-Prescribed by this Act. Regulations. " Regulations"-Regulations made under the authority of this Act. This Ae~ . "This Act"-This Act and all regulations made thereunder. Reopeni?g of 4. (1.) Where proceedings are taken in any court torfanmsoancetlyO-ns bya mIoneyd- en er ( or by the aSS.Ignee 0 f or t ransferee lender. of or holder of a debt or security in respect of a loan c 6 . 3 5 & 1, 6 B 4 . V 1. ict • bY a mIoneyd- en er) for t he recovery 0 fany mioneyten after the commencement of this Act, or the enforcement of any agreement or security made or taken after the commencement of this Act in respect of money lent either- before or after the commencement of this Act, and there is evidence which satisfies the court that- (a) The interest charged in respect of the sum actually lent is excessive; or (b) The amounts charged for expenses, inquiries, fines, bonus, premiums, renewals, or any other- charges are excessive; or (c) The transaction is harsh and unconscionable,. or is such- that a court of equity would give . relief, the court may- (i.) Reopen the transaction and take an account between the plaintiff and the defendant; and * 61 Vie. No. 10 and amending Acts, supra, pages 3507 et 8eg:. I

1916. MONEY IJENDERS. Money Lenders Act. 764ft (ii.) Notwithstanding any statement or settlement of account or any agreement purporting to close previous dealings and create a new obli- gation, reopen any account in connection with the transaction; and (Hi.) Relieve the defendant from payment of any sum in excess of the sum a,djudged by the court to be fairly due in respect of such principal, interest, and charges as the court, having regard to the risk, the value of the security, the time of repayment, and all the other cir- cumstances, may adjudge to be reasonable; and (iv.) If any such excess has been paid or allowed in account by the borrower or defendant, order the plaintiff to repay it; and (v.) Set aside either wholly or in part, or revise or alter, any security given or agreement made in connection with the transaction; and (vi.) If the security has been parted with or the debt has been assigned, order the plaintiff to indemnify the borrower or defendant. (2.) Any court in which proceedings might be taken for the recovery of money lent shall have and may, on the application of the borrower or surety or other person liable, exercise the like powers as may be exer- cised under this section where proceedings are taken for the recovery of money lent; and the court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any such application, notwith- standing that the time for repayment of the loan or any instalment thereof has not arrived. (3.) OnanyappIication in any insolvency proceedings relating to the admission or amount of a proof of debt) the court may exercise the like powers as may be exer- cised under this section when proceedings are taken for the recovery of money lent. (4.) When it appears to the court that any person W.A. 1912, other than the money-lender has shared in the profits of~ ) " 65, s. 4 or has any beneficial interest, prospectively or otherwise, . in the transaction, the court may cite such person as a party to the case, and may make such order in respect to such person as it deems fit. 'R

7650 MONEY LENDERS. Money Lenders Act. 7 GEO. V. No. 13, ~ ta. tion (5.) No proceeding to obtain any relief under this ~ !o~ ~!~ r section sha.ll be ta.ken after twelve months from the time transactions, when the transaction in respect of or in connection with . &c. which such proceeding is .taken was finally closed, but the legal personal representative of any deceased person who had entered into the transaction may take such proceed- ing at any time within two years thereafter. (6.) This section applies to any transaction which, whatever its form may be, is substantially one of money- lending by a money-lender, but does not apply to any bona fide assignee, transferee, or holder for value without notice in respect of a loan by a money-lender. N.S.W.I905, (7.) For the purposes of effectually carrying out this B N . ol• ( 27 ) 4 . , section, all such orders may be made and directions given by the court as it deems necessary or proper. ~ eopening 5. (1.) When by any instrument it is expressed that ~ ur: - ohaae any person lets any chattels to any other person at a transactions. rent to be paid by instalments upon the terms that the property in such chattels shall pass to such other person upon payment of the instalments but not otherwise, and proceedings are taken in any court in respect of any matter arising out" of such transaction, the court, if satisfied by evidence that- (a) The amount· charged by such instalments (and in especial, whether directly or indirectly, in respect of interest on the purchase money outstanding) is excessive; or (b) The amounts charged for expenses, inquiries, fines, bonus, premium, or any other charges are excessive; or (c) The transaction is harsh and unconscionable, or is such that a court of equity would give relief, may- (i.) Reopen the transaction" and take an account between the parties thereto; and (ii.) Notwithstanding any statement or settlement of account or any agreement purporting to close previous dealings and create a new obligation, reopen any account in connection with the transaction; and (iii.) Relieve the lessee from payment of any sum in excess of the sum adjudged by the court to be fairly payable in "respect of purchase money, interest, and charges as the court,

1916. MONEY LENDERS. Money Lenders Act. 7651 having regard to the risk, the value of the chattels, the time of payment, and all the other circumstances, may adjudge to be reasonable; and (iv.) If any such excess has been paid or allowed in account by the lessee, order the lessor to repay it; and (v.) Set aside either wholly or in part, or revise or alter, any agreement made in connection with the transaction. (2.) The court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any application by the lessee for relief, notwithstanding that the time for payment of any instalment has not arrived. (3.) When it appears to the court that any person other, than the lessor has shared in the profits of or has any beneficial interest, prospectively or otherwise, in the transaction, the court may cite such person as a pa.rty to the case, and may make such order in respect to such person as it deems fit. (4. ) No proceeding to obtain any relief under this Lim,itatioll section shall be taken • after twelve months from t • he tim • e o re f otplmemt;n f g or when the transaction III respect of or in connectIOn WIth transactions, which such proceeding is taken was finally closed. &c. (5.) For the purposes of effectually carrying out this section, all such orders may be made and directions given by the court as it deems necessary or proper. 6. (1.) A money-lender as defined by this Act Duties of S h a 11 - money- lenders &c. (a) Register himself as a money-lender in accord- 63 & 64 Vict. ance with this Act, under his own and usual ~ ~ . 5i: 3 (2). trade name (if any) and in no other name, and 1 & 2 Geo. V. with the address, or all the addresses if more c. 38, 8. 2. than one, at which he carries on his business of money-lender; and (b) Carry on the money.,.lending business in his registered name and in no other name and under no other description, and at his regis- tered address or addresses and at no other address; and (c) Not enter into any agreement in the course of his business as a money-lender with respect to the advance and repayment of money, or

7652 MONEY LENDERS. Money Lenders Act. 7 GEO. V. No. 13, •• Ba.nk." take any security for money in the course of his business as a money-lender, otherwise than in his registered name3 and (d) On reasonable request and on tender of a. reasonable sum for expenses, furnish the bor- rower "\\'ith a copy of any document relating to the loan or any security therefor; and (e) When selling, assigning, transferring, or assuring any debt, promissory note, bill of exchange, chose in action, or security taken or .received by him in his business as a money-lender, give to the purchaser, assignee, or transferee full particulars in writing of the transaction in· connection with the same: Provided that no person shall be registered as a. money-lender under any name including the word" bank" or under any name implying that he carries on banking business. . Ren"walof (2.) The registration of a money-lender shall cease to registration. have effect at the expiration of three years from the date of the registration, but may be renewed from time to time, and if renewed shall have effect· for three years from the date of the renewal. Rights of (3.) Notwithstanding anything contained in this b h o o n ld d e f r i s de for section- value, &c:, (a) Any agreement with, or security taken by, a under contracts money-lender shall be, and shall be deemed with always to have been, valid in favour of any money- lenders. bona fide assignee, transferee, or holder for 1 &2Geo. V. value without notice of any defect due to the c. 38, s. 1. operation of this section, and of any person deriving title under him; and (b) Any payment or transfer of money or property made bona fide by any person, whether acting in a fiduciary capacity or otherwise, on the faith of the validity of any such agreement or security, without notice of any such defect, shall, in favour of that person, be, and be deemed always to have been, as valid as it would have been if the agreement or security had been valid; but in either such case the money-lender shall be liable to indemnify the borrower or any other person who is prejudiced by virtue of this provision, and nothing in

MONEY LENDERS. 7653· 1916. Money Lenders Act. this provision shall render valid an agreement or seourity in favour of an assignee, transferee, or holder for value who is himself a money-lender. And with respect to notice the following provisions Notice. shall apply:-. . (c) A person shall not be deemed to have had notioe of a defect in an agreement or security by reason only that a search in the register established under this Aot would have disclosed the defect or shown that the agreement or security was effected with a money-lender; (d) A person making any such payment or transfer 45 & 46 Vict. as aforesaid shall not be prejudicially affected c. 39, B. 3. by notice of any instrument, fact, or thing unless- (i.) It is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him; or (ii.) In the same transaction with respect to which a question of notice to such person arises, it has oometo the knowledge of his counsel, as such, or of his solicitor or other agent, as such, or would have come to the knowledge of his solicitor or other ag~nt, as such, if such inquiries and inspections had been made as ought reasonably to have been made by the solicitor or other agent. This provision shall not exempt such person from any liability under, or any obliga- tion to perform or observe, any covenant, condition, provision, or restriction contained ;n any instrument under which his title is derived, mediately or immediately; and such liability or obligation may be enforced in the same manner and to the same extent as if this -provision had not been enacted. Such person shall not by reason of any- thing in this provision be affected by notice in any case where he would not have been so affected if this provision had not been enacted. Nothing in this subsection shall render valid for any purpose any agreement, security, ·..or other transaction which would, apart from this section, have been void or unenforooable.

7654 MONEY LENDERS. Money Lenders A.ct. 7 GEO. V. No. 13, Penalties. (4.) If a money-Iender- (a) Fails to register himself as prescribed; or (b) Carries on business otherwise than in his registered name or in more than one name, or elsewhere than at his registered address; or (c) Fails to comply with any other requirements of this Act ; or (d) In the course of carrying on the money-lending business issues or publishes, or causes to be issued or published, any circular, notice, advertisement, letter, account, or statement of any kind containing expressions which might reasonably be held to imply that he carries on banking business, he shall be liable to a penalty not exceeding one hundred pounds, and in the case of a second or subsequent con- viction to imprisonment with or without hard labour for any period not exoeeding three months, or to a penalty not exceeding one hundred pounds, or to both: Provided that, if the offender is a body corporate, that body corporate shall be liable on a second or subsequent conviction to a penalty not exceeding five hundred pounds. (5.) A prosecution under this section shall not be instituted except with the consent of the Attorney- General. Penalties for 7. Any money-lender or any manager, agent, or ! ~ ~ ments clerk of a money-lender, or any person being a director, and repre. manager; or any other officer of any corporation carrying s 6 e 3 n & tatl 6 O 4 nVsi. ct. on the buS' Iness 0 f a money- I ender, w I 10 by any fa I se, c. 51,8.4. misleading, or deceptive statement, representation, or promise or by any dishonest concealment of material facts, induces or attempts to induce any person to borrow· money or to agree to the terms on which money is or is to be borrowed, shall be liable to imprisonment with or without hard labour for a' term not exceeding one year, or to a penalty not exceeding five hundred pounds, or to both penalty and imprisonment. Persons 8. (1.) Any person who, for the purpose of earning ~ ~ ~~ sg interest, commission, reward, or other profit, sends or oircuIars causes to be sent to a person who is an infant any circular, itnovbitoinrrgow notI.Ce, adver'tIsement, 1etter,] te egram. or other documen t , money. ' which invites, or may reasonably be implied to invite, NNo. S..W 24 . , 1 8 9 . 055. , the person reCei.V.Ing 1 't t 0 borrow money, or t 0 ent er I.nt 0 any transaction involving the borrowing of money, .or .to •

MONEY LENDERS. 7655' 1916. Money Lenders Act. apply to any person or at any place with a view to obtaming information or advice as to borrowing money, shall be liable to imprisonment with or without hard labour for a term not exceeding six months, or to a penalty not exceeding one hundred pounds, or to both imprisonment and penalty. (2.) If any such document as in this section men- tioned sent to an infant purports to issue from any address named therein, or indicates any address as the place at which application is to be made as to the subject-mat.ter of the document, and at that place there is carried on any business oonnected with loans, whether making or procuring loans or otherwise, every person who attends at such place for the purpose of taking part in, or who takes part in or assists in the carrying on of, such business shall be deemed to have sent or caused to be sent such document, unless he proves that he was not in any way a party to and was wholly ignorant of the sending of such document. (3.) Where in any proceedings under this section it is proved that the person to whom the document was sent was an infant, the person charged shall be deemed to have known that the ~ rson to whom the document was sent was an infant, unless he proves that he had reasonable ground for believing the infant to be of full age. 9. Any person who, except under the authority of any ~ oliciting court, solicits an infant to make an affidavit or statutory~ t~ t to declaration for the purpose of or in connection with any affidavi~ in loan, shall be liable to imprisonment with or without ~ ~ ~~ ! ~n hard labour for a term not exceeding three months, or N.S.W.I905, to a penalty not exceeding fifty pounds, or to both No. 24, 8. 6. imprisonment and penalty. . 10. If any infant, who has contracted a loan which is Avoiding , void or voidable in law, agrees after he comes of age to ~ r; . : ~ ~ / ~ ; pay any money which in whole or in pi'Jrt represents or loan is agreed to be paid in respect of any such ~oan and is ~ ~ ~ ~ ced J.ot a new advance, such agreement and any Instrument, infancy. negotiable or other, given in pursuance of or for carrying ~ ~s. ;!. ! 9~5. into effect such agreement or otherwise in relation to the ~ ,. . payment of money representing or in respect of such loan shall, so far as it relates to money which represents or is payable in respect of such loan and is not a new advance, be void absolutely as against all persons whomsoever..

7656, MONEY LENDERS. Money Lenders Act. 7 Gm. V. No. 13, !:Jcution 11. (1.) No assignment to a money;.lender, whether attestation absolute or by way of security or otherwise howsoever of ?ertain made, after the commencement of this Act, by any person assIgnments. (hereinafter called the grantor) of or in respect of all or any part of his right title or interest whether actual or expectant, in possession remainder reversion or con- tingency, or of any nature whatsoever, in or under any will, codicil, or deed or in under or to the estate of any deceased person, whether the decease of such last-mentioned person was before or after the making of such assignment or before ·or after the commencement of this Act, shall be of any force or validity at law or in equity unless the assignment is in writing and was executed by the grantor in the presence of a police magistrate or registrar of a. district court, or clerk of petty sessions, or solicitor instructed and employed independently of the money- lender, and is certified by the police magistrate, or registrar, or clerk of petty sessions, or solicitor, as next hereinafter provided. (2.) The police magistrate, or registrar, or clerk of petty sessions, or solicitor- (a) Shall read over and explain, or cause to be read .over and explained in his presence, to the grantor the said assignment; and (b) Shall examine the grantor touching his know- ledge of the assignment; and (c) If he thinks fit may so examine him separately and apart from any other person; and (d) If he is satisfied that the grantor understands the true purport and effect thereof and freely and voluntarily executes the same, shall certify in writing upon the assignment that such .assignment has been so read over and ex- plained, and that he has examined the grantor and- is satisfied as lIereinbefore required, and that the grantor has executed the assignment in his presence. (3.) This section does not apply to any assignment made only for the purpose of vesting property in the person entitled thereto under or by virtue of the provisions of a will, codicil, or deed, or in a person entitled thereto as part of the estate of a deceased person, or to any· assignment made by any person to whom such property as aforesaid has been actually conveyed, assigned, or transferred. (4.) No assignment (except assignments by way of. security) executed in pursuance of this section shall be

MONEY LENDERS. 7657 1916. Money Lenders Act. impeached upon any ground whatsoever except in the case of fraud or any kind of imposition, and no assignment . by way of security executed in pursuance of this section shall be impeached upon any ground whatsoever, except in the case of fraud or any kind Qf imposition, or except as provided by this Act. (5.) In this section- "Assignment" means any assignment, assurance, Defi~ ition of sa1e, mortgage, lien, charge, conveyance, m" aesnsItg"n- transfer, or declaration of trust, and any . contract, agreement, or arrangement for assign- ment, assurance, sale, mortgage, lien, charge, conveyance, transfer, or declaration of trust, and any power of attorney, appointment of agency, license, or power to receive, or other authority of a like nature; "Deed" means any instrument (other than a willDefinitionc>t or codicil), whether under seal or not, whereby "d ee d . " any property is settled, appointed,· given, or declared to be held in trust, or is agreed to be settled, appointed, given, or held in trust. 12. (1.) Whenever by the terms of any contract in Restriction WT ' I tm' g entered I.nto after t he comm.encement 0 f thI' S oofninretecorevsetr. y Act (whether under seal or not), any interest is made payable at a rate or percentage per day, week, or month. or at any rate or percentage for any period less than a year, no interest exceeding the rate or percentag A of twelve pounds per centum per annum shall be chargeable, payable, recoverable, or enforceable on any part of the principal money unless the contract contains an express .statement of the total amount of interest paid or to be paid, or of the yearly rate or percentage of interest to which such other rate or percentage is equivalent. (2.) If any sum is paid on account of any interest not chargeable, payable, recoverable, or enforceable by reason of the last preceding subsection, such sum may be recovered back or deducted from any principal or interest payable under such contract, notwithstanding any con- tract to the contrary. 13. (1.) Where money is or has been lent at a rate In certain of I'nterest exceeding twle ve pounds per centuernapseredusplicates of :f::::o:r- annum, every document executed after the commence- contract or ment of this Act by the borrower or a surety to evidence the contract of loan or suretyship shall be particulars to executed in duplicate, and one of such dupliGates shall ~ ~ ~ ; ~ ! : ~ r.

7658 MONEY LENDERS. Money Lenders Act. 7 GEO. V. No. 13, at the time of execution be delivered by the lender to the borrower or surety, or there shall then be delivered to the borrower or surety a memorandum setting out particulars of all the essential parts of the transaction. Non- (2.) If a lender does not comply with the foregoing compliance. provision, the contract, if made for the payment of a higher rate of interest than twelve pounds per centum per annum, shall to the extent of the excess be absolutely void: Provided that nothing in this subsection contained shall prejudice or affect the right which any person would otherwise have as assignee or transferee of any contract if he proves that he became such assignee or transferee in good faith and for valuable consideration, and without knowledge or notice of any contravention of this section, but the lender shall indemnify the borrower or surety against the payment of any higher rate of interest than twelve pounds per centum per annum in respect of the contract. Non- (3.) Nothing in this section applies to negotiable application instruments. Limit of 14. (1.) For procuring, negotiating, or obtaining any ~ ~ ~ ~ f: ri! ~ r or loan after the commencement of this Act, or for guaran- guaranteeing teeing or securing· the repayment of any loan after the loan. commencement of this Act, it shall not be lawful for any person to charge, recover, or receive more than five per centum on the amount of the principal sum actually lent. Such percentage shall include all fees, costs, charges, and expenses of any kind whatsoever for or in connection with or preliminary to the procuring, negotiating, or obtain- ing the loan or the guaranteeing or securing the repayment thereof, but shall not include any costs or fees paid either by the lender or the borrower to any solicitor or valuator, nor any fees paid out of pocket by the lender where no solicitor acts for him, provided that the lender does not participate or have any interest in any such commission, costs, or fees. Lender or his (2.) It shall not be lawful for the lender or his partner, achgaerngtenfootrto emp I oyer, emp I oyee, prm . C . lpa I , or agen t , or any person obtaining .or acting for or in collusion with the lender, to charge, ~ a~ ~ nteeID~ recover, or receive any remuneration or reward what- soever for or in connection with or preliminary to the procuring, negotiating, or obtaining any loan after the commencement of this Act, or the' guaranteeing or securing the repayment thereof.

1916. MONEY LENDERS. Money Lenders Act. 7659 (3.) If any money or money's worth is directly or Recovery ~ ndirectly pai~ or allo:wed t? or received by any person ~ ~ ~ : r~ : en. In contraventIOn of this sectIOn,the amount or the value tion. thereof may, to the extent of such contravention and notwithstanding any contract to the contrary, be recovered by the borrower from such person, or if such person is a partner, employer, employee, principal, or agent of the lender, or is in any way acting for or in collusion with him, then either from such person or from the lender. 15. (l.) All loans purporting to be loans of money How loan to shall be made in current money, bank notes, or cheques he made. on bankers, and shall be made in full without any deduction for interest or otherwise. No land, goods, or articles of any kind whatever or things in action shall be given or supplied in or by way of barter or otherwise for or as part of any such loan. This' subsection shall not be construed to prevent Power for a money-lender deducting from any loan of money all ~;d~~tt~ OBtB such fees, costs, charges, and expenses of any kind what- &c., from • soever as may be lawfully charged pursuant to this loans. Act, except interest. (2.) Every contract made or transaction entered into Contracts. or performed in breach of or with intent to evade or avoid ~ Z~ ~ : V! ~ i~ g this section in respect of a loan after the commence- to extent of ment of this Act shall, to the extent of such breach, ~ fo~ . raven . .evasion, or avoidance, be absolutely void. (3.) This section does not apply to deductions for Non: . the current rate of discount on bills of exchange or ~f~ !~~ ~~. n promissory notes discounted, and having when discounted an unexpired currency of not more than twelve months. 16. Any person, whether on his own behalf or as Demanding agent for another who by any letter or written COm_fee, &co,for munl . Ca t' IOn d ema ' n d m " g or reques t' mg paymen t 0 f any cdoelbletcting. debt or alleged debt by any person, makes upon such person any claim or charge as or by way of payment, fee, recompense, costs, expenses, or otherwise, for or in relation to such demand or request over and above the actual debt or alleged debt, shall be liable to a penalty not exceeding twenty pounds. 17 . Nothing in this Act shall be construed as Saving of . derogating from the powers or jurisdiction of any court, ~ ~ i: dj~ ~ ? nt and the powers and jurisdiction conferred by this Act co 51, Sol ( ~) ' . shall be deemed to be in addition thereto.

7660 MONEY LENDERS. Money Lenders Act. 7 GEO. V. No. 13, 1916. r aR e se gi gto s u t l r a a t t i i o ~ n n s . tI.me 1 m 8 a.ke( ' 1re) guTlhaetioGnosvreesrpneocrtiinngCtohuenrceiglimstraaytifornomof mtimoneetyo- 63 5~ 64 ~ ICt' lenders (including the prescribing of the conditions for c. , s. . registration and the grounds on which they may be removed from the register), whether individuals, firms, societies, or companies, the form of the register and the particulars to be entered therein, and the fees to be paid on registration and renewal of registration, not exceeding one pound for each registration or renewal, and respecting the inspection of the register and the fees payable therefor. ~ blication (2.) All such regulations shall be published in the regulatioDs. Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting, and if not then within ten days after the next meeting of Parliament. If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in . the meantime. For the purpose of this Act, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: . Provided always that if such regulations are not duly laid before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. PLANTS, DISEASES IN. See AGRICULTURE. PUBLIC WORKS LAND RESUMPTION. See WORKS. QUEENSLAND GOVERNMENT SAVINGS BANK See BANKS AND BANKING. REGULATION OF MINES. See MINING.