Money Lenders Acts Amendment Act of 1959 (8 Eliz Ii No. 35) (Qld)

63 (QumtsUmh ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 35. An Act to Amend "The Money Lenders Acts, 1916 to 1946," in certain particulars, [A ssented to 10 th N ovember , 1959.] B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Money Short title. Lenders Acts Amendment Act o 4 f 1959.” \ (2.) “ The Money Lenders Acts, 1916 to 1946,” ^™“ipal are in this Act referred to as the Principal Act. ' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Money Lenders Acts, 1916 to t]t °‘ 1959.” ’ 2. (1.) This Act shall come into operation on the day Conmience- on which *“ The Hire-purchase Act of 1959,” comes into men ° ofc operation. ♦ Commenced 1 Jan. 1960 (Proc. pubd. Gaz. 14 Nov. 1959, p. 1805).

64 MoneyLendersActsAmendmentAct. 8 E liz . II. No. 35, Saving. (2.) Notwithstanding anything to the contrary in this Act, the provisions of the Principal Act shall continue to have operation and effect in relation to hire-purchase agreements and agreements made in connection with hire-purchase agreements entered into before the commencement of this Act as if this Act had not come into operation. Amendments of s. 3. 3. Section three of the Principal Act is amended— # (i.) By repealing therein the definition “ Hire- purchase agreement ” ; and (ii.) By in the definition “ Interest ” therein— (a) Repealing the words and brackets “ (or, in the case of a hire-purchase transaction, the lessee) ” ; (b) Repealing the words and brackets “ (or lessee in the case aforesaid) ” ; (c) Repealing the words and brackets “ (or lessor in the case aforesaid) ” ; and (d) Repealing the words and brackets “ (or lessor) ”. . Amendment 4 . Section 4 a of the Principal Act is amended by °f 8. 4 a . repealing therein the third paragraph (being the paragraph commencing with the words “For the purposes of this section ”). Amendments of s. 4f». re Section 4 b of the Principal Act is amended— Jr (i.) By repealing therein the words “ or pays any sum to complete the purchase under a hire-purchase agreement ” ; (ii.) By repealing therein the words and brackets “ or completion of the hire-purchase (as the case may be) ” where those words and brackets twice occur; (iii.) By repealing therein the words “ or lessor ” ; (iv.) By repealing therein the words and brackets “ or lessee (as the case may be) ” where those words and brackets twice occur; (v.) By repealing therein the words and brackets “ or the completion of the purchase (as the case may be) ” ; and

1959. Money LendersActsAmendmentAct. (vi.) By inserting therein after the first paragraph thereof (being the paragraph commencing with the words “ In any case where any person ”) the following paragraph:— “ Any such rebate of interest shall be paid by the money-lender to the borrower within thirty days after the actual paying-off of the loan.” 65 6. Section five of the Principal Act is repealed. Repeal of 8. 5. 7. Section 5 a of the Principal Act is amended by^e“^ment repealing therein the words “ sections four and five ” ° *' A' and by inserting, in lieu of those repealed words, the words “ section four ”. 8. Section six of the Principal Act is amended—Amendments (i.) By inserting after subsection 1 a of that section the following subsection :— “( 1 b . ) With respect to any cash order issued in ^ronlic compliance in every respect with the requirements of of provisions “ The Cash Orders Regulation Acts , 1946 to 1959,” by ^^ftion a holder of a licence under those Acts, the provisions respSst relating to registration of this Act do not apply and it is hereby declared such provisions never have applied. °r This subsection applies so as not to limit or affect otherwise howsoever any of the provisions of this Act other than the provisions thereof relating to registration.” ; (ii.) By inserting in subsection two of that section after the first paragraph thereof (being the paragraph commencing with the words “ The registration of a money-lender ”), the following paragraphs :— “ Every money-lender registered under this Act who desires to renew that registration shall apply accordingly as prescribed on or before the day whereon that registration will expire unless renewed or, as the case requires, further renewed. For the purposes of this section, the day immediately following the day on which the registration or the next previous renewal thereof, as the case may be, expired, shall be deemed to be the date of the renewal of any registration renewed under this Act.” ; and

66 MoneyLendersActsAmendmentAct. 8 E liz . II. No. 35, (iii.) By inserting in subsection four of that section, after paragraph (a) thereof, the following paragraph :— “ (act) Carries on business as a money-lender at a time when he is not registered as such under and in accordance with this Act; or Repeal of and new s. I7c. Appoint­ ment of officers. 9. Section 17c of the Principal Act is repealed and the following section is inserted in lieu of that repealed section:— “ [77c.] (1.) There shall be a Registrar of Money Lenders, and an office of .the registrar. (2.) The registrar and any other officers required for the purposes of administering this Act shall be appointed and hold office under, subject to and in accordance with “ The Public Service Acts, 1922 to 1958.” (3.) (a) The registrar shall make and keep in the form prescribed a register to be called “ The Register of Money-lenders”. Such register shall be kept in the office of the registrar. Unless otherwise prescribed by regulations made under section eighteen of this Act, the register of money­ lenders in existence at the commencement of “ The Money Lenders Acts Amendment Act of 1959 ” shall continue in existence as the register of money-lenders. (b) The registrar shall enter in the register of money-lenders the full name, the usual trade name (if? any) and the address of all persons registered as money-lenders under this Act and such other particulars as may be prescribed. (c) Such register shall be open to inspection to any person upon payment of the prescribed fee at all times during which the office of the registrar is open for the transaction of business. (4.) The registrar shall have such duties, powers and authorities as are prescribed. (5.) All applications, notices or documents required to be lodged with, delivered, forwarded, furnished, or sent to the registrar shall be kept in the office of the registrar. (6.) During the absence from duty of the registrar by reason of illness, leave of absence or other cause, or during any vacancy,in the office of the registrar, the

1959. MoneyLendersActsAmendmentAct. 67 duties, powers and authorities of the registrar may be performed and exercised by a deputy registrar appointed by the Governor in Council (whether generally or in respect of any particular period of absence from duty of, or vacancy in the office of, the registrar).” 10. Section 17 d of the Principal Act is amended— Amendments , . of s. 17 d . (i.) By repealing subsection two thereof and by inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) Subject to section 17 j of this Act, the Registration. Registrar of Money Lenders, upon receipt of such application and statutory declaration and of the prescribed fee, shall register or renew or further renew the registration of, as the case may be, the applicant as a money-lender.” ; and (ii.) By inserting in subsection three thereof, after the words “ upon every registration ”, the words “ or renewal of registration ”. 11. Section 17 f of the Principal Aot is amended — Amendments r of s. 17 f . (i.) By repealing therein the words and brackets “ (or in the case of a hire-purchase agreement) no lessor,” ; and (ii.) By repealing therein the words “ or hire- purchase agreement ” where those words twice occur. 12. Section 17 h of the Principal Act is amended— Amendments . of s. 17 h . (is) By renumbering that section as subsection one thereof; and (ii.) By adding to that section as so renumbered the following subsection:— “ (2.) A prosecution for any offence against this Act may be instituted at any time within twelve months after the offence was committed or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. In any proceeding under or for a purpose of this Act, the averment in any complaint of the date on which the commission of any offence under this Act came to the' knowledge of the complainant shall be evidence of that matter, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter.”

68 Money Lenders Acts Amendment Act. 8 E liz . II. No. 35, 1959. Amendments of*. 17 j . 13. Section 17 j of the Principal Aet is amended— (i,) By repealing in subsection one thereof the word “ license ” and by inserting, in lieu of that repealed word, the words “ registration under this Act of such a person as a money-lender ” ; and (ii.) By adding to that section the following subsection:— “ ( 4 .) When the registration under this Act of any person as a money-lender has been cancelled under this section, that person shall not be again registered under this Act as a money-lender except by direction of a court of petty sessions constituted by a stipendiary magistrate or acting stipendiary magistrate sitting alone.” Amendment 14. Section eighteen of the Principal Act is of«. is. amended by repealing therein the words “ or hire- purchase agreement ” where those words twice occur therein.