Primary Producers' Co-Operative Associations Act Amendment Act of 1926 (17 Geo v No. 4) (Qld)

11652 PIUMARY PRODUCE. Prirrwry Prodncers' Co-operative, Etc., Act. 17 GEO. V. No. 4, PRIMARY PRODUCE. Primary Producers' Co-operative Associations Act Amendment Act of 1926 Primary Prodttcers' Organisation and Marketing Act of 1926 17 Qeo. V. No. 4 17 Qeo. V. No. 20 17 Geo" V. An Act to Amend "The Primary Producers' N T o H . E 4. Co-operative Associations Act of 1923" PRDJARY PROV·UCI'''::RS' in certain particulars. C'o·orERA- THE [ASSENTED TO 24TH SEPTEMBER, 1926.] A"SGCIA- TIC'NS ACT BE it enacted by the King's Most Excellent Majesty, AMENDMENT by and with the advice and consent of the Legis· A~ ; 2~ F lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title and commence- ment. 1. This Act may be cited as " The Primary Pro- ducers' Co-operative Associations Act Amendment Act of 1926," and shall be read as one with "The PrimaryProducers'Co-operative Associations Act of 1923,"* herein- after referred to as the Principal Act. The Principal Act and this Act may be cited together as " The Primary Producers' Co-operative Associations Acts, 1923 to 1926." Amendment 2. The following amendments are made in the o P f rinthceipal Principal Act:- Act. Section 2. (a) The following paragraph is added to section two:- "PART VI.-REGISTRATION OF SECURITIES." Section 3. (b) In section three, the definition of " Council" IS repealed. In the definition of " Primary producer," after the words "Governor in Council" the words "on the recommendation of the Council" are repealed. Section 5. (c) In paragraph (b) of section five, the word " Council" is repealed and the word "Minister" IS inserted in lieu thereof. Section 6. (d) After paragraph (xiii.) of subsection one of section six the folIo·wing paragraph is inserted, and paragraphs (xiv.) and (xv.) are renumbered (xv.) and (xvi.) respectively :- " (xiv.) To acquire and purchase any real or personal property for cash, on terms, or * 14 Geo. V. No. 45, 8tlpra, page 10776.

PRIMARY PRODUCE. 11653 1926. Primary Prod1tcers' Co-opera.tive, Etc., Act. entirely on credit, and to secure the purchase money by mortgage, mortgage debenture, bill of sale, stock mortgage, lien, or charge of, on, or over the property so purchased or any portion thereof, and of, on, or o\-er any other assets of the Association, including its book debts and uncalled capital (if any)." In paragraph (xiv.), now (xv.), of the said subsection one, the words "on the recommendation of the Council" are repealed. (e) After section twelve, the following section is inserted:- "[12A.] Subject to the provisions of this section, an AI~ erati, on of association which has been registered under this Act for ~ ~ ~ : ~ : : t~ ~ n. some but not for all of the objects set forth in subsection . one of section six of this Act may, by special resolution, adopt any further object or objects so set forth in the said subsection in addition to those for which it was originally formed and registered. Such special resolution shall set forth the additional object or objects which the association proposes to adopt. The association shall cause to be forwarded to the Minister a copy of such special resolution, certified to be a correct copy under the hand of the secretary of the association and sealed with the official seal of the association. Upon tr.e receipt of such copy, the Minister may cause such inquiry to be made jnto the matter as he thinks proper, and upon being satisfied that it is desirable that the association should adopt such further objects in order to enable the association to carry on its business more efficiently and to attain the main purposes for which the association has been formed and registered, and that all interests of creditors and debenture-holders of the association are duly protected, shall submit the special resolution for the approval of the Governor in Council, and the Governor in Council in his absolute discretion may approve of the same or may refuse to approve thereof. The approval of the Governor in Council of such special resolution shall be notified by the Minister in the Gazette. The association shall as soon as may be after the approval of such resolution cause such special resolution to be registered in the office of the registrar who has registered the association.

11654 PRIiVIARY PRODUCE. Primary Producers' Co-operative, Etc., Act. 17 GEO. V. No. 4, Forthwith upon such registration the additional objects set forth in the SEl,id special resolution shall become and be additional objects of the association." Section 15. (f) In paragraph (8) of subsection one of section fifteen, the word " Council " is repealed and the words "Minister or some person appointed by him in that behalf by writing under his hand" are inserted in lieu thereof. In paragraph (u) of the said subsection, the words "on the recommendation of the Council" are repealed. Subsection eight of the said section is repealed. Section 21. (g) In the proviso of section twenty-one, the words "on the recommendation of the Council" are repealed. Section 22. (h) In paragraph (a) of section twenty-two, the word "Two-thirds" is repealed and the word "Three-fifths" is inserted in lieu thereof. In the last paragraph of the said section, the words "on the recommendation of the Council," where those words twice occur, are respectively repealed. Section 23. (i) In the last paragraph of section twenty-three, the words "on the recommendation of the Council," where those words twice occur, are respectively repealed. Section 24. (j) In the first paragraph of section twenty-four, and in the fourth paragraph of the said section, the words "on the recommendation of the Council" are respectively repealed. Section 26. (k) In subsection one of section twenty-six, the words "on the recommendation of the Council" are repealed. (1) After section twenty-six, the following Part of this Act is inserted:- "PART VI.-REGISTRATION OF SECURITIES. Interpreta- tion. [27. ] In this Part of this Act the expression "Security" means and includes a mortgage, encumbrance, charge, lien, bond, debenture, debenture stock, floating charge, bill of sale, or other written instrument duly issued or granted as or by way of security by an association: The term expressly includes a bill of sale as defined by the laws in force relating to bills of sale of personal

PRIl\IARY PRODUCE. 11655 1926. Pl'irnary Producers' Co-operative, Etc., Act. chattels and also any lien on wool, mortgage of live stock, and lien on crops as referred to in "The 11,1 ercantile Acts, 1867 to 1896" :* The term does not, however, include a mortgage so far as it includes land, whether subject to "The Real Property Acts, 1861 to 1877,"tor not, or so far as it includes any tenement or interest therein under and subject to the laws in force relating to the occupation or leasing of Crown lands or to mines or mining. [28.] Whenever an association under or in pur- Registration suance of the powers in that behalf contained in this o~ securities A C t or I · n any 0 f I . ts ru 1 es h as d u l y ' Issue d or gran t e d gaIsVsoecniabtyioann. to any person any security (whether by way of principal or collateral security), then the following provisions shall apply and be observed:- (1.) Within sixty days after the date of the creation of the security or such further time as the Minister under any particular circumstances may by writing under his hand allow to an association, the security shall be registered in the office of the clerk of petty sessions of the petty sessions district in which the registered office of the association is situated. Such registration shall be effected in the manner follow- ing :-The officer of the association authorised by the directors thereof in that behalf shall, save as is next hereinafter provided, make a true copy of every such security and shall lodge the same with the said clerk of petty sessions, with an endorsement thereon signed by such officer of the association and dated on the date on which he signs the same, stating that the security is correct for purposes of registration. (2.) The said clerk of petty sessions shall forthwith register the same in a register to be kept at his office, and shall forthwith send particulars in the prescribed form of the contents and effect of such security to the Registrar, Department of Agriculture and Stock, Bris- bane, and also to the Registrar of the Supreme Court, Brisbane, each of whom shall file and record the same without fee. (3.) Provided that where a series of debentures containing or giving by reference to any other instrument any chiuge to the benefit of which the debenture-holders * 31 Vic. No. 36 and amending Acts, supra, pages 2133 et seq. t 25 Vic. No. 14 and amending Acts, supra, pages 298i et Mq. R

11656 PRIMARY PRODUCE. Primary Producers' Co-operative, Etc., Act. 17 GEO. V. No. 4, of that series are entitled pari passu is created by a.n association, it shall be sufficient if there are lodged with the said clerk of petty sessions within sixty days or. such further time as aforesaid after the execution of the deed containing the charge, or, if there is no such deed, after the execution of any debenture of the series, the following particulars;- (a) The total amount secured by the whole series; and (b) The dates of the resolutions .authorising the issue of the series and the date of the covering deed (if any) by which the security is created or defined; and (c) A general description of the property charged; and (d) The names of the trustees (if any) for the debenture-holders; together with a true copy of the deed containing the charge or, if there is no such deed, one of the debentures of the series, a.nd the said clerk of petty sessions shall enter these particulars in the said register. In any case where more than one issue is made of debentures in the same series there shall be sent to the said clerk of petty sessions, for entry in the register, particulars of the date and amount of each issue. The said clerk of petty sessions shall send particulars of all such debentures to the officers mentioned in subsection two hereof, who shall file and record the same without fee. (4.) Any person shall have the right to search the said register at the office of the said clerk of petty sessions and to inspect the particulars aforesaid relating to any security filed in the office of the Registrar, or in the Registry of the Supreme Court, Brisbane, and to make any copy or extract therefrom on payment of the fee of two shillings and sixpence. (5.) Fa..ilure by the association or the officer of the associ8,tion 8,S aforesaid to comply with any of the provisions of this section shall not affect the validity of the security issued or granted, but if any security, or, in the case of debentures, the prescribed particulars thereof is or are not registered or sent to the said clerk of petty sessions within the prescribed time, the associa- tion and the said officer and the managing director or

PRIMARY PRODUCE. 11657 1926. Primary Produ,cers' Co-operative, Etc., Act. other governing officer of the association shall each of them be liable to a penalty not exceeding one hundred pounds. (6.) The stamp duty on any security may be Stamp duty. denoted by 8Jdhesive stamps. (7.) The provisions of " The Bills of Sale Acts, 1891 Certain to 1896 , "* and of "The M . ercant ? ile Acts 1867 to 1896 ' "t noothtetroAapctpsly. shall not apply to a secunty under th]s Act, and any such security shall have the like force and effect as it would have had jf this Act had not been passed and such security had been duly registered under the said "The Bills of Sale Acts, 1891 to 1896,"* or "The 211ercantile Acts, 1867 to 1896,"t as might be legally required. [29.] Any security within the meaning of this Part Ex;isting of this Act which has been duly issued or granted by an securities. association before the date of the passing of "The Primary Producers' Oo-operative Associations Act Amendment Act of 1926" shall, if such security has not been already registered under some law requiring the registration of securities of the same class, be registered under this Act as a security within sixty days after the date of the passing of the said amendment Act or such further time as the Minister, u:uder the particular circumstances, may by wxiting under his hand allow to an association. Such registration shall be made as nearly as may be in accordance with the provisions of this Act relating to the registration of securities issued or granted by an association after the date of the passing of the said amendment Act, and failure by the association or the proper officer to comply with the. provi'Sions of this section shall not .affect the validity of the security issued or granted, but failure so to register the same shall render the association and the officer aforesaid and the managing director or other governing officer of the association liable to a penalty not exceeding one hundred pounds. [30.] The provisions of section thirty-three of the Recovery of second Part of the Schedule to this Act shall apply to penalties. the recovery of penalties under this Part of this Act. [31.] The additional regulat:ons purporting to be Ratification made in pursuance of this Act, numbered sixty-five to of . regulatlOns. * ~ - - - - - - - - - - - - - -- - -- - -- - --- --- --- - --- --- --- --- -- 55 Vic. No. 23 and 60 Vic. No. 1I, s-upra, pages 2149 et s-eq. t 31 Vie. No. 36 and amending Acts, s-upra, pages 2133 et 8eq.

11658 PRIMARY PRODUCE. Primary Producers' Co-operative, Etc., Act. 17 GEO. V.No. 4, 1926. seventy-three inclusive, with a schedule, on the twenty- third day of December, one thousand nine hundred and twenty- five, and published in the Gazette on the twenty-sixth day of December, one thousand nine hun- dred and twenty-five, are hereby ratified and confirmed, and shall as on and from the said twenty-third day of December, one thousand nine hundred and twenty-five, be deemed to have been duly made under this Act and to have taken effect, and the same shall, subject to this Act, take effect and be in force accordingly." Amendment (m) In rule seven of Part n. of the Schedule, the o P f a S r e t h II ., . words" approval of the Council" are repealed and the words "approval of the Minister" are inserted in lieu thereof. Spee~a.l 3. Whereas The Farleigh Co-operative Sugar Milling ~ l~ ~~ ~ ; ~ o Association Limited has been duly registered as an The Farleigh association under the Principal Act and the objects for CSuog-oaprerative which the said association has been registered do not Milling include the object following-namely, to acquire and L A. I s m s~ I e t i e a d tion, purchase any real or personal property for cash ' on terms , . or entirely on credit, and to secure the purchase money by mortgage, mortgage debenture, bill of sale, stock mortgage, lien or charge of, on, or over the property so purchased or any portion thereof, and of, on, or over any other assets of the Association, including its book debts and uncalled capital (if any): And whereas shortly after the registration of the said Association circumstances arose which rendered it expedient that the said Associatio:n should have as one of its objects the object last hereinbefore expressly set forth, and that the said object should be deemed to be one of the objects fOT which the Association was formed and registered as from the date of its registration: Now, therefore, it is hereby declared as follows :- (a) One of the objects for which The Farleigh Co-operative Sugar MillingAssociation Limited was formed and registered was, on and from the date of its registration, and is and shall be the following object, namely:- To acquire and purchase any real or personal property for cash, on terms, or entirely on credit, and to secure the purchase money by mortgage, mortgage debenture, bill of sale, stock mortgage, lien or charge of. on,

PRIMARY PRODUCE. s.1. 17 GEO. V. No. 20,1926. Primary Producers' Organisation, Etc., Act. or over the property so purchased or any portion thereof, and of, on, or over any other assets of the Association, including its book debts and uncalled capital (if any); and (b) The object set forth in paragraph (a) hereof shall be deemed t,o have been one of the objects for which the said Association was formed and registered on the date on which it was so registered. Forthwith upon the passing of this Act the said Association shall deposit a copy of this Act in the office of the registrar who r-egistered the said Association under the Principal Act, and the said registrar shall record the object set forth in paragraph (a) of this section as one of the objects of the said Association. 11659 An Act to Consolidate and Amend "The Primary 17 N G o. ao 2 . 0 V . . Products Pools Acts, 1922 to 1925" and THE "The Primary Producers' Organisation PRPORDIMUACREYRS' Acts, 1922 to 1925," and for other con- O T R IO G N AN A I N SA D - sequential purposes; and to Amend certain A M C A T R O K F ET 1 I 9 N 2 G 6. other Enactments in certain particulars. [ASSENTED TO 20TH NOVEMBER, 1926.] 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 : - 1.* This Act may be cited as "The Primary Pro- Short title ducers' Organisation and Marketing Act of 1926," and, and corn· t save as is herein otherwjse expressly provided, shall come ~ ex~ : ~en into operation on such date as the Governor in Council by Proclamation published in the Gazette may fix and declare, which date is hereinafter referred to as the commencement of this Act. * The Act has been proclaimed to come into operation on 1st December, 1926.