Mortgagors and Other Persons Relief Acts Amendment Act of 1943 (7 Geo Vi No. 11) (Qld)

214 MORTGAGES. Mortgagors Relief, Etc., Act. 7 GEO. VI. No. n, MORTGAGES. 7 N G o E . O 1 . 1 V . I. An Aot to Confer Jurisdiotion to Grant Rehef to THE MORTGAGORS Certain Persons Detrimentally Affeoted by AND OTHER PERSONS RELIEF ACTS the Present War and to Amend "The AMENDMENT ACT OF 1943. Mortgagors Relief Aots, 1931 to 1932" in oertain partioulars. [ASSENTED TO 29TH APRIL, 1943]. 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. (1.) This Act may be cited as " The Mortgagors and t t' and Other Persons Relief Acts Amendment Act of 1943," cons ruc IOn. and shall be read as one with *"The Mortgagors Relief Acts, 1931 to 1932," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as "The Mortgagors and Other Persons Relief Acts, 1931 to 1943." Commence- (3.) This Act shall be deemed to have come into ment of Act. force on the first day of March, one thousand nine hundred and forty-three. Special war 2. Notwithstanding anything contained in the acsontodi. tions Principal Act or in any other Act or law or rule or process mortgagors of law to the contrary, for the purpose of affording a apnerdsoontsh.er measure of relief' to mortgagors and other persons detrimentally affected on account of the special economic conditions attributable to or arising out of the present War during its continuance and thereafter as prescribed, it is hereby declared that the provisions of *" The Mortgagors Relief Acts, 1931 to 1932" shall be applied, extended, and amended as hereunder set forth. . Amendment 3. A new subsection, 2A, is inserted in section one of s. 1. of the Principal Act, as follows : - ~ p~: tion of "[2A.] t" The Mortgagors and Other Persons Relief Mortgagor8 Acts, 1931 to 1943," shall be deemed to have come into and Other force on the first day of March, one thousand nine P R e e r l 8 ie 0 f nB Act8, hundred and forty-three, and shall continue in force until 1931 to 1943."] * 22 G. 5 No. 6 and amending Acts. See v. 6, pp. 762 et 8eq. t 22 G. 5 No. 6 and amending Acts and this Act.

1943. MORTGAGES. Mortgagor's Relief, Etc., Act. 215 the last day of the first year to commence after the date on which His Majesty ceases to be engaged in the present War, but without prejudice to any Act, matter, or thing done or ordered to be done or not to be done, or to any relief granted under and pursuant to *" The Mortgagors Relief Acts, 1931 to 1932," prior to the said first day of March, one thousand nine hundred and forty-three. Provided that the Governor in Council may from time to time if in his discretion he thinks fit by Order in Council published in the Gazette extend the provisions of such Acts for such time as shall be expressed in any such Order in Council." 4. Section two of the Principal Act is amended as Amendm~ nt follows :_ of s. 2. Three new definitions "Local Authority," "Local [ ~ nterpreta­ Government Acts," and "Present War" are inserted tlOn.] after the definition of "Hire purchase agreement" as follows : - " " Local Authority "-A Local Authority Local . constituted pursuant to the Local Government AuthorIty. Acts: the term also includes Brisbane City Council constituted pursuant to t" The City of Bri8bane Act8, 1924 to 1943" or any Act amending the same. " Local Government Acts "-t" The Local Local Govern . ment Acts, 1936 to 1943" or any Act AGcotvse. rnment amending the same. " Present War "-The War existing between His Present Majesty the King and Germany and other War. enemy nations, which commenced on the third day of September, one thousand nine hundred and thirty-nine." 5. (1.) Wherever in the Principal Act the term Construction " this Act" is used, the term shall, unless inconsistent of term with the context, be read and construed as meaning" this Act." §"The Mortgagors and Other Persons Relief Acts, 1931 to 1943," and the Principal Act shall be read and construed accordingly. * 22 G. 5 No. 6 and amending Acts. See v. 6, pp. 762 et seq. t 15 G. 5 Jlifo. 32 and amending Acts. See v. 10, pp. 6 et seq. t 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seq. § 22 G. 5 No. 6 and amending Acts and this Act.

216 MORTGAGES. Mortgagors Relief, Etc., Act. 7 GEO. VI. No. 11, Construct~ on (2.) Wherever in the Principal Act reference is' " of e e co xp n r o e m s I ~ C IOn made to "economic conditions at present prevailing" conditIOns or like expression such reference shall be read and at pre. ~ ? nt" construed as a reference to "economic conditions prevallng. prevailing during the operation of *" The Mortgagors and Other Persons Relief Acts, 1931 to 1943." " New cl. 3A. 6. A new clause, 3A, is inserted after section three of the Principal Act, as follows :- Application " [3A.] *" The Mortgagors and Other Persons Relief Pofritnhceipal Acts, 1931 to 1943" shall apply and extend to all Act as mortgages as defined in t" The Mortgagors Relie! Acts, tahmisenAdcetd. by 1931 to 1932" in existence at the commencement of the present War (and whether or not in existence at the eighteenth day of October, one thousand nine hundred and thirty-two), and the provisions of t" The Mortgagors Relief Acts, 1931 to 1932" shall be read and construed and have effect accordingly." Construction 7. For the purposes of *" The Mortgagors and Other ~ ~ t~ e9. Persons Relief Acts, 1931 to 1943," section nine of Principal the Principal Act shall be read and construed as Act. follows : - [Special provisions as to cases where powers have been exercised between the commence- ment and passing of this Act.] (a) The term "commencement and passing of this Act" in the sidenote shall be construed as meaning " commencement and passing of t" The Mortgagors and Other Persons Relief Acts Amendment Act of 1943 " " ; (b) The term "this Act" shall be construed as meaning *" The Mortgagors and Other Persons Relief Acts, 1931 to 1943" ; (c) The term" commencement of this Act" shall be construed as meaning the commencement of t" The Mortgagors and Other Persons Relief Acts Amendment Act of 1943 " ; (d) The term "the passing thereof" or "the passing of this Act" shall be construed as meaning the passing of t" The Mortgagors and Other Persons Relief Acts Amendment Act of 1943." * 22 G. 5 No. 6 and amending Acts and this Act. See v. 6, pp. 7e~ NStq. t 22 G. 5 No. 6 and amending Acts. See v. 6, pp. 762 et 8eq. t This Act.

1943. MORTGAGES. Mortgagors Relief, Etc., Act. 217 8 A new section, 13AA, is inserted after section 13A, New s. 13AA of the Principal Act, as follows:- "[l3AA.] (1.) Notwithstanding anything to the Specia~. f contrary contained in this Act, or in any other Act 01' law :'~ d~i~~s or rule or process of law to the contrary-for the purpose as to of affording a measure of relief to persons detrimentally ~ f:: ::s. affected on account of the special economic conditions attributable to or arising out of the present War during its continuance and thereafter as prescribed it is hereby enacted as follows : - (i.) Any person in respect of whose land a mortgage existed at the commencement of the present War and is in existence at the date of application hereinafter referred to; (ii.) Any person owning or occupying land (where such land with improvements thereon constituted his home) at the commencement of the present War, and who owns or occupies the said land and improvements thereon which constitute his home at the date of application hereinafter referred to, and, in either case, on which land rates levied and payable pursuant to the Local Government Acts by and to a Local Authority, having accrued thereon (whether before or after or partly before and partly after the passing of *" The Mortgagors and Other Persons Relief Acts Amendment Act of 1943") and payable by the applicant, remain unpaid, may apply to the court for relief in respect of such unpaid rates: and the court may, if it considers such applicant is so detrimentally affected as aforesaid, make such order for relief in respect of such unpaid rates as it thinks just and equitable. (2.) Without limiting the generality of the powers of the court, such relief which may be granted by the court may be in respect of all or any of the following matters or things:- (i.) An order that the whole or any part of the rates due and in arrears be remitted; * This Act.

218 MORTGAGES. Mortgagors Relief, Etc., Act. 7 GEO. VI. No. n. (ii.) An order that a composition in respect of such rates due and in arrears be entered into between the Local Authority and the applicant subject to such terms and conditions as set forth in such order; (iii.) An order that the payment of such rates due and in arrears be made by instalments, as set forth in such order; (iv.) An order that the land in question be not sold for such rates due and in arrears, although such rates or portion thereof have remained unpaid for three years or longer. (3.) The relief granted by the court may be in addition to or in substitution of any relief already granted by the Local Authority to the applicant pursuant to paragraphs one and two of subsection four of section twenty-seven of the Local Government Acts. . (4.) Unless the Local Authority is actually present and appears by its solicitor or agent in the proceedings at or before the time of the giving or making of the order of the court under this section, any such application to the court by the applicant concerned shall not be entertained by the court unless the applicant has served on the Local Authority concerned in accordance with the practice of the court as to services of summons a notice of his intention to make the application. ' The practice of the court in question as to the time and place and method of service and otherwise shaH apply to the service of a notice under this section. (5.) For the purposes of this section the term " Court" means the Supreme Court of Queensland: Provided that in any case where the rates levied by and payable to a Local Authority in respect of the land concerned do not exceed the sum of two hundred pounds, the term "Court" shall mean the magistrates court constituted pursuant to *" The Magistrates Courts Act of 1921" constituted by a stipendiary magistrate sitting alone and held nearest to the residence of the applicant: Provided that any mortgagor making an application for relief under section thirteen of this Act may apply * 12 G. 5 No. 22. See, v. 4, p. 492.

1943. MORTGAGES. Mortgagors Relief, Etc., Act. 219 to the court for relief in respect of such unpaid rates at the same time as he shall make his application for relief in the first instance as aforesaid, and the court shall have jurisdiction to make such order for relief in respect of such unpaid rates as it thinks just and equitable." 9. The provisions of this Act shall be in aid of and Construo- I-n ext ensI.On 0 f and not'In derogatI. On 0 f the proVI.sI.Ons 0 ftPiorinnooipfal the Principal Act, and (without limiting the generality Act. .of this provision) to the intent that any mortgagor to which the Principal Act applied may, if he so desires, apply for relief under the Principal Act and/or for relief under the Principal Act as amended by this Act: Provided that where a mortgagor applies to the Court for relief pursuant to the Principal Act, he may, in addition and at the same time, apply for relief in respect of unpaid rates levied on the mortgaged land the subject of the application and payable by him to a Local Authority as if the provisions of section 13AA of *" The Mortgagors and Other Persons Relief Acts, 1931 to 1943" (but read and construed without reference to the present War) were originally enacted in the Principal Act; and such provisions shall, m'ldatis mutandis, apply and extend accordingly. * 22 G. 5 No. 6 and amending Acts and this Act. See v. 6, pp. 762 et Beq. MOTOR VEHICLES, INSURANCE OF. See TRAFFIC. OIL SHALE MINE WORKERS' PENSIONS. See MINING. PAROLE, PRISONERS'. See PRISONS.