Queensland Government Savings Bank Act of 1916 (7 Geo v No. 17) (Qld)
Case
No judgment structure available for this case.
7406 ss. 1, 2. BAl"{KS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, APPROPRIATION. See CONSTiTUTION. ARBITRATION, INDUSTRIAL. See LABOUR. BANKS -AND BANKING. 7 Geo. V. An Act to Constitute and Regulate the Queensland No. 17. THE Government Savings Bank, and for purposes QUEENS- LAND consequent thereon and incidental thereto. GOVERN- MENT - [AsSl<JNTED TO 19T1l DECEMBER, 1916.J B SAVINGS BANKAr::r OF 1916. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Councn and Legislative Assembly of Qu~ nslaml in Parliament assembled, and by the authority of the same, as follows : - Commence- 1. This Act may be cited as "The Queensland Govern- s m h e o n r t t a ti n tl d e. ment Savings Bank Act of 1916," and shall come into operation on the first day of January, one thousand nine hundred and seventeen_ Definitions. 2. In this Act, unless the context otherwisa indicates, the following terms have the meanings set against them respectively, that is to say:- Agricultural Bank Act. "Agricultural Bank Act"-" The Agricultural Bank Act of 1901" as amended by the several amendments thereof in the years 1904; 1905, 1911, 1914, and 1915*; Agricultural .and. "Agricultural land "-Land held in fee-simple and used or about to be used for agricultural or dairying purposes; also, land held under the laws in force for the time being relating to Crown land as an agricultural selection, grazing selection, prickly-pear selection, or un- conditional selection, and whether the tenure is limited or perpetual, or as a miner's home- stead lease as defined by "The Mining Act of 1898"*; also, any other land which the Governor in Council by Order in Council declares to be agricultural land for the pur- poses of this Act ; * I Edw. VII. No. 24 and amending Acts, supra, pages 6644 and 6759. t 62 Vie. No. 24, supra, page 2178.
BANKS AND BANKING. s. 2. 7407 1916. Queensland Government Savin(Js Bank Act. " Bank "-The Queensland Government Savings Bank. Bank constituted by this Act: the term in- eludes a branch or agency of the Bank; " Commissioner"-The Commissioner of the Queens- Commis· land Government Savings Bank constituted sioner. by this Act; "Dwelling-house" includes the house and its Dwelling. appurtenances, necessary outbuildings, fences, house. and permanent provision for lighting, water supply, and drainage, but does not include any land; "Employee"-Any person whomsoever employed Employee. by the Commissioner under this Act; " Fund "-The Queensland Government Savings Fund. Bank Fund created by this Act ; " Prescribed "-Prescribed by this Act; Prescribed. "Regulations"-Regulations made under the RE'gulat,ions. authority of this Act; "Savings Bank Acts"-The Act passed in the Savings seventeenth year of Her late Majesty Queen Bank Acts. Victoria and numbered 24, intituled An Act to amend and consolidate the law relating to the Savings' Bank of New South Wales*; the "Moreton Bay Savings Bank Act"t; "The Savings Bank Act 1861"t; the "Government Savings Bank Act of 1864"§; "The Government Savings Bank Act of 1864 Amendment Act"ll; "The Savings Bank Act of 1870" ~ ; " The Savings Bank Act of 1872"**; "The Savings Bank Amending Act of 1882"tt; "The Savings Bank (Securities) Act of 1895" H; "The Govern- ment Savings Bank Acts Amendment Act of 1896" §§; and " The Government Savings Bank Acts Amendment Act of 1912" 1111; " This Act"-This Act and all regulations made This Act. thereunder; " Workers' Dwellings Acts"-" The Workers' Dwel- Workers' lings Acts , 1909 to 1914 • "CT 11 CT 11 DAwctesl.lings * 17 Vic. No. 24, supm, page 101. t 18 Vic. No. 25, supra, page 107. t 25 Vic. No. 8, supra, page 110. ** 36 Vic. No. 6, supra, page 117. tt 46 Vic. No. 2, supra, page 117. H 59 Vic. No. 20, supra, page llS. § 28 Vic. No. 2, supra, page 111. §§ 60 Vic. No. 4, supra, page 121. 11 29 Vic. No. 17, supra, page 113. 'If 34 Vic. No. 10, supra, page 114. 11112 Geo. V. No. 29, supm, page 5074. 'Il'll9 Edw. VII. No. 10 and amending Acts, supra, pages 1339, 5181, and 6248.
7408 SI. 3-5. BANKS .AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, Remedy Where by this Act any remedy is given to the Com- i£ct=:sland missioner against or with respect to any land, the term improve- "land" includes not only the land but also all improve- menta. ments thereon. Repeal, &c. 3. (1.) Subject to this Act and without prejudice to the provisions of the Acts Shortening Acts-the Agricul- . tural Bank Act, the Savings Bank Acts, and the Workers' Dwellings Acts are repealed. (2.) After the commencement of this Act no Queens- land Government Savings Bank Stock shall be issued under "The Government Savings Bank Stock A.cts, 1894 to 1897,"* and those Acts shall remain in force only for the purposes of the stock already issued thereunder. Constitution 4. The Queensland Government Savings Bank is of Bank. hereby constituted. Appoint- 5. (1.) The Governor in Council may from time to C:! ~ j: ~ · ' of time, by commission under his hand and the public seal sioner. - of the State, appoint a Commissioner of the Queensland Government Savings Bank, who, subject tothis Act, shall hold his office during ability and good behaviour, but shall retire from office on attaining the age 6f sixty-five years. Powers, &e. (2.) Upon such appointment all the functions, duties~ rights, lia bilities, privileges, and powers imposed and con- ferred upon the Commissioner under this Act shall be vested in and be perform~ d and exercised by such Commis- sioner. -Salary. (3.) The Commissioner shall, during his continuance in office, receive an annual salary, not exceeding one thousand five hundred pounds, to be fixed by the Governor in Council. Disabilities. (4.) The Commissioner shall not be a member of the Executive Council or of either House of Parliament, and shall not act as a director or a.uditor, or in any other capacity take part in the management of any bank (other than the Queensland Government Sa.vings Bank), build- ing society, joint-stock company, or other financial institution, or of any trade or business; and in any such case he shall be disqualified from holding the office of Commissioner. • 58 Vie. No. 31 and 61 Vie. No. 8, 8'UprG. pages 121 et seq.
BANKS AND BANKING. s.5.. 7409 . 1!H6. Queensland Government Savings Bank Act. No person shall be appointed to, or hold, the position of Commissioner unless he has had not less than ten years~ recent banking experience or not le~ than ten years' financial experience as an officer in the Public Service of Queensland or of the Commonwealth. (5.) The Commissioner shaJl be deemed to have Office, h()w vacat ed h I · S 0 ffice- - ovtahceartwedis.e (i.) If he is or becomes disquaJified under this Act from holding the office of Commissioner; (ii.) If he engages in any paid employment outside the duties of his office; (ill.) If he becomes IDsolvent, or institutes proceed- ings for liquidation of his affairs by arrange- ment or composition with or assigns his salary for the benefit of his creditors; (iv.) If he absents himself from duty for a period of fourteen consecutive days except on leave granted by the Governor in Council (which leave is hereby authorised to be granted), or becomes incapable of performing his duties; (v.) If, other than solely as a depositor, he per- sonally becomes in any way concerned or interested in any contract or agreement. made by or on behalf of the Commissioner, or in anywise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom. office( 6b.) yTthhee GCoomvemrnisosrioinneCr omunacyil bfeorsualslpeegneddeidnafbroilmityhoisr; S n u d sp r e e n f s f io i: n a1 misbehaviour, but shall not be removed from office except romo • as hereinafter provided. If the Commissioner is so suspended, the Treasurer shall cause to be laid before both Houses of Parliament· a full statement of the grounds of such suspension within seven days thereafter if Parliament is in session and actually sitting, or, if Parliament is not in session or not actually sitting, then within seven days after the com- .mencement of the next session or sitting. The Commissioner so suspended shall be restored to office unless the Legislative. Council and the Legislative Assembly, within twenty-one days from the time when such statement has been laid before them respectively, severally declare by resolution that the Commissioner B
7410 ss. 6-8. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, ought to be removed from office; and if within the said time the Legislative Council and the Legislative Assembly So· declare, the Commissioner shall be removed by the Governor in Council accordingly. governor in (7.) On the ooourrence of any vaoanoy in the offioe ~ ~ an~ : of Commissioner the Governor in Counoil may appoint a person to fill the vaoanoy. . ~- . 6. The Commissioner, representing the Crown, shall =:;r:i:'a be a corporation sole by the name of ." The Commissioner of the Queensland Government Savmgs Bank," and by. that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, securities, and any other property whatsoever. . For all the purposes of this Aot, the Commissioner, as suoh corporation, shall have and may exercise all the powers, privileges, rights, and remedies of the Crown. Commis- 7. (1.) Subjeot to this Act, the Bank shall be adminis- s m io a n n e a r ge to the tered, governed, and managed by the Commissioner. Bank. (2.) The provisions set forth in the First Sohedule to SoheduleI. this Act shall be applicable to the business of the Bank. Suoh provisions may from time to time be amended or added to by the Governor in Counoil by Order in Council published in the Gazette. Spedal powers of Com- missioner. 8. The Commissioner may, for the pUIJ>oses of this Act, from time to time exercise the following powers :- (a) Take, purohase, contraot for the use of, or otherwise provide any land whioh ma.y be required for the purposes of this Aot; Where land is resumed, such power shall be exeroised under "The Public W ork8 Land Re8umption Act of 1906" *: Provided that, in estimating the compensation to be paid on the resumption or other acquirement of land by the Commissioner, no allowance sha.ll be made for any increa.se in the value of suoh land by reason of any matter arising out of the exercise of powers under this Aot; • 6 Edw. VII. No. 14, BUpra, page 3608. This Act as amended· by the Amendment Act of 1916 is reprinted in an Appendix infra.
BANKS AND BANKING. s.9. 7411 1916. Q1teensland Government Savings Bank Act. (b) Erect buildings and repair, equip, furnish, and maintain the same; let offices or other accommodation in any building or premises for such rent as he thinks proper; (c) Hold, until the same can be advantageously disposed of, any property, real 'or personal, taken by him as security for or in satisfaction, liquidation, or discharge of any debt owing to the Bank; (d) As occasion may require, sell, lease, convey, assign, and assure any lands, buildings, securi- ties, or property whatsoever vested in him as Commissioner, or any estate or interest in the same; (e) Carry on insurance business witb borrowers from the Bank, and for that purpose enter into contracts with such borrowers for the insur- ance, until the repayment in full of advances, of buildings and other improvements against fire, storm, tempest, or other disaster in con- sideration of the payment of premiums at prescribed rates; or in lieu of himself carrying on such business arrange with any State officer or department carrying on fire insurance busi- ness for the making and carrying into effect of fire insurance contracts as aforesaid. The foregoing powers shall be in addition to any other powers conferred upon the Commissioner by this Act. 9. (1.) The lands in Mount Morgan, Rockhampton, Certain.Iands and Townsville , occupied at the commencement of C v O es IU te I d U . I I S l - l the this Act as premises of the Queensland Government sioner. Savings Bank, and the lands in Brisbane whereon premises of the said Bank are then in course of erection, shall, from and after the commencement of .this Act, vest in the Commissioner for an estate in fee-simple; and the boundaries of such lands, respectively, shall be declared by the Governor in Council by notification in the Gazette. Such lands and each of them shall be held and dealt with by the Commissioner subject to and for the purposes of this Act, and for no other purpose. (2.) The Governor in Council may at any time, by Power to Order in Council, vest in fee-simple in the Commissionerts~ other any Crown land·· to be used for the purposes of the an s. business of the Bank.
7412 ss. 10-12. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No 17, (3.) The value of any land vested in the Commis- sioner under this section shaU be fixed by the Governor in Council, and the amount thereof shall be debited against the Fun . d, and doomed to be ' an investment. Exemption 10. La.nd for the time being vested in the Commis- from rating. sioner or occupied by him for the purpose of carrying on the business of the Bank shall not be deemed to be rateable land within the meaning of "The Local Authorities Acts, 1902-1913."* APp~ i~ . f 11. (1.) The Governor hi Council may appoint a ~ : Uty c., 0 Deputy Commissioner, who shall be subject to suspension ~ ~ :~is. or removal from office by the Governor in Council on the ground of inability or misbehaviour. He shall, during his continuance of office, receive an annual salary to be fixed by the Governor in Council. He shall not continue in suoh offioe after attaining the a.ge of sixty-five years. (2.) Except as is hereinafter provided, the Deputy Commissioner shall, subject to the direction and co~ trol of the Commissioner, assist him in the general management and supervision of the Bank and in the administration of this Act. (3.) During any illness, suspension, or absence of the Commissioner, the Deputy Commissioner shall have and exercise all the powers and perform all the duties of the Commissioner. In case of the death of the Commissioner, the Deputy Commissioner shall have and exercise all the powers and perform all the duties of the Commissioner until a new Commissioner is appointed. Vesting of assets and liabilities in Com. missioner. 12. (1.) On the commencement of this Act- (a) All moneys, debentures, and treasury bills, and securities for money, and all interest thereon, and all books, documents, and other property held by or on behalf of the Treasurer or any trustees or any State officer under the Savings Bank Acts, or by or on behalf of the Trustees of the Agricultural Bank of Queensland, or by or on behalf of the Workers' Dwellings Board, or used for or in connection with the execution of the Acts hereby repealed or any of them; and ... 2 Edw. VII. No. 19 and amending Acts, Bupra, pages IS60 et seq., 5653, and 59lS.
BANKS AND BANKING. s. 12. 7413 1916. Queensland Government Savings Bank Act. (b) All the assets and liabilities of the Govern- ment Savings Banks and of the Trustees of the Agricultural Bank of Queensland and of the Workers' Dwellings Board; and all powers, authorities, rights, title, interest, and obligation in or with respect to them or any of them, shall by virtue of this Act pass to and become vested in and imposed upon the Commissioner, and shall forth- with be divested and discharged from the person or persons in or upon whom the same were formerly vested or imposed. (2.) The Treasurer shall oause to be made in the Adju!ltmenfl books of the Treasury such adjustment of accounts as of accounts. will give due effect to the foregoing provisions of this section. (3.) Any right of action accrued to or against, and Rights of any agreement, mortgage, debenture, bon,d, lease, deed, actdion and guarantee, covenant, or 0 blI' gation made or entere d' Into cuonnterracts. by or with- (a) The Treasurer, or any trustees, or any person acting on his or their behalf under the Savings Bank Acts; or (b) The Treasurer, or the Trustees or Managing Director of the Agricultural Bank of Queens- land, or the Workers' Dwellings Board; may be prosecuted and enforced, by or against the Com- missioner, as if the right of action had originally accrued to or against, or the agreement, mortgage, debenture, bond, lease, deed, guarantee, covenant, or obligation had been made or entered into by or with, the Commissioner. (4.) Subject to this Act, and notwithstanding the Existing repeal of the Agricultural Bank Act and the Workers' :! x:~ ces Dwellings Acts, the following provisions shall apply in Agricultural respect of advances made under any of those Acts :-- ~ ndn~ ! ~ ers' (a) Such advances shall be repaid, and interest ~ wellings thereon shall be paid to the Commissioner at cta. the times and in the amounts prescribed by the Act under which the advance was made or by any regulation or instrument thereunder; (b) The Commissioner may take any proceeding or exercise any right or remedy which under such Act might have been taken or exercised by the Trustees of the Agricultura.l Ba.nk of Queensland or the 'Vorkers' Dwellings Board, as the case may be; I I J
7414 ss. 13, 14. BAJ. ~ KS AND BANKING. Queemland Government Savings Bank Act. 7 GEQ. V. No. 17, (c) The land and other property mortgaged as security for the advances !;)hall continue to be charged with the repayment of the advances with interest thereon in accordance with this Act. All mortgages and other securities executed under any of the said Acts shall be construed as if the Com- missioner were party thereto instead of the Trustees of the Agricultural' Bank or Workers' Dwellings Board, as the case may be. DiBSo.lu!ion (5.) Upon the commencement of this Act the cor- ~ = : ! ~ n: nd porations respectively of the Trustees of the Agricultural Board. Bank of Queensland and the Workers' Dwellings Board shall be dissolved. Receipt of deposits. 13. (1.) Subject to this Act, deposits ma.y be received at the Ba.nk. Deposits may be received from minors of the age of twelve years or upwards. Power to refuse or return deposit. (2.) The Commissioner may direct that no deposit shall be received from any person whom he deems it inexpedient to admit or continue as a depositor, and that any deposit made by such person shall be returned to him. Queensland 14. (1.) There is 'hereby created a Fund to be called SGaoVvI:negrnsment the "Queensland Government , Savings B . ank Fund • " Bank Fund. (2.) All deposits and all moneys repaid to the Com- missioner in respect of advances and interest thereon under any Act hereby repealed or this Act, and all other moneys whatsoever received by the Commissioner under this Act, shall be paid into the Fund. What (3.) All payments in respect of deposits (whether pchaayrmgeedntosn made before or after the co:r;nmencement of this Act) and Fund. interest thereon, and all advances bv the Commissioner, and the salaries, wages, or allowances~ of the Commissioner and Deputy Commissioner, and of all employees and agents of the Bank, and all expenses for the administration and management of the Bank and of this Act, shall be payable out of the Fund. Deposits (4.) Subject to this Act, the repayment of all deposits ~ c: ! :: in the Bank, and the payment of interest thereon, is guaranteed by the Crown. Any liability arising from such guarantee shall be made good out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose.
BANKS AND BANKING. ss. 15, 16. 7415 1916. Queensland Government Savings Bank Act. . 15. Notwithstanding anything contained inanyotherEx~ mption Act, no sum due or payable or paid or derived in respect~ :o: t~ = ~e of or from any deposit in the Bank shall be or be deemed tax. . to be " income" within the meaning of any law relating to income tax, and no such interest shall be subject to income tax. . 16. (1.) All moneys to the credit of a depositor'sUncla.imed account (not being a deposit by or on behalf of a minor) depoSlts. which has not been operated upon either by addition or withdrawal for a period of seven years or upwards, whether before or after the commencement of this Act, or partly before and partly after that date, shall be carried to an account to be called the "Unclaimed Deposits Account," and shall cease to bear interest, (2.) Notwithstanding anything herein contained, the Commissioner shall, in the month of September, one thousand nine hundred and seventeen, and thereafter in the month of September in' every year, cause to be com- piled and published in the Gazette a list of all deposits exceeding three pounds in amount which have been carried to the Unclaimed Deposits Account. Such list shall set forth the names and addresses of such depositors, so far as they are known, the date of the opening of the account, and the amount of the several deposits, and such other particulars as the Commissioner directs. After such publication, a copy of such list shall be publicly exhibited for such time as the Commissioner . directs in the Bank and every branch thereof in Queens- land. (3.) Every such deposit as last aforesaid shall from time to time be debited with a prescribed sum towards defraying the cost of the annual preparation and publica- tion of such list. Any person shall, upon payment of the prescribed fee, be entitled to particulars of any deposit published in the said list. (4.) At any time within seven years after any money has been carried to the credit of the Unclaimed Deposits Account, the Commissioner may, on proof to his satis- faction that any person is entitled to any such money, direct payment thereof to him after deducti.ng any sums pI'escribed to be debited against such money.
7416 u. 17, 18. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, (5.) All moneys in respect of which a claim is not established within seven years after having been carried to the credit of the Unclaimed Deposits Account shall ve,st. in and become the absolute property of the Com- mISSIoner: Provided that the Commissioner may allow and pay any claim to any such moneys after such period of seven years has expired upon being satisfied that special reasons exist for the allowance of the claim. Trans.fer of 17. The Commissioner may enter into arrangements oderptoosoittshferor m W ° l th any Sav' mgs Bank or Ban ki ng author! 'ty I' n the Sa.vings United Kingdom of Great Britain and Ireland, or in Ba.nks. any State of the Commonwealth, or in any other British possession, or in any other country- (a) For the transfer, on such terms and conditions as may be prescribed, of moneys of depositors from such a Savings Bank or Banking autho- rity to the Bank or from the Bank to such a Savings Bank or Banking authority; (b) For the payment, on such terms and conditions as may be prescribed, of moneys of depositors in or with such a Savings Ba.nk or Banking authority to or to the order of such depositors through the agency of the Bank, or of moneys of depositors in the Bank to or to the order of such depositors through the agency of such a Savings Bank or Banking authority. I & n 0 v . estments, inves 1 t 8 ed . , Aanlldmusoende,yas t rtehceeidviesdcreatsiodneopfotshites Cmoamymbisesihoenledr,, as follows :- (a) In current coin of the Realm; (b) On current account; (c) On deposit with the Treasury; (d) On fixed deposit with any banking company or· corporation; (e) In premises used in the business of the Bank, and in lands held by the Commissioner in pursuance of this Act ; (f) Upon first mortgages of land held in fee-simple in Queensland; (g) In advances by the Bank upon the prescribed security as hereinafter provided; (h) In Qebentures issued by the Commissioner under this Act;
BANKS AND BANKING. ss. 19-21. 7417 1!:l16. Queens~and Government Savings Bank Act. (i) In securities of or guaranteed by the Govern- ment of Queensland at a rate of interest to be mutually arranged between the Commissioner and the Treasurer. 19. The Governor in Council may, upon obtaining Loans, from the Commissioner such security as in ~ he opinion ~ ~ : ; e~ ~ ment ()f the Governor in Council is necessary or desuable- to Bank. (a) By warrant under t.he hand of the Treasurer, direct and authorise loans to be made to the Commissioner for the purposes of the Bank out of the Consolidated Revenue Fund; (b) Guarantee the repayment by the Commissioner of any moneys which the Commissioner may require for tbe purposes of the Bank, and may obtain by way of loan from any financial company, corporation, or institution. 20. (1.) In order to provide for the amount of the Debentures respective unpaid balances of all moneys advanced before ma~ be t the commencement of this Act to the Trustees of t,he ro~ e ou . Agricultural Bank and the Workers' Dwellings Board, £5,000,000. respectively, the liability for which is by this Act imposed upon the Commissioner, and also in order to obtain funds or additional funds for the purpose of making advances under this Act, the Commissioner, with the approval of the Governor in Council and subject to this Act, may raise, by the issue of debentures, any sum or sums of money which, with the aforesaid unpaid balances, shall not exceod in the whole five million pounds. (2.) The said debentures shall be made payable on Debentures, such day or days not earlier than the first day of January, when one thousand nine hundred and thirty-five, nor later p& ~ able. than the first day of January, one thousand nine hundred and forty, as the Governor in Council may appoint. 21. (1.) Subject to this Act, the Commissioner may, Advances to upon the application of any owner or occupier of agricul- f~ erstoand tural land (herein referred to as the "holding"), make e lva rs. advances to such owner or occupier on the prescribed security for the purposes hereinafter mentioned. (2.) At no time shall such advance or advances to any one person exceed one thousand two hundred pounds. (3.) Such advances may be made for any of the following purposes, namely:- (a) Payment of liabilities already existing with respect to the holding, or payment of the
7418 1.21. BANKS AND BANKING. Queens1and Government Savings Bank Act. 7 GEO. V. No. 17, balance of any purchase money in respect of the purchase of the holding or any stock, machinery, or implements therefor ; (b) AgriculturaJ, dairying, grazing, horticulturaI~ or viticulturaJ pursuits on the holding ; (c) Adding to the improvements already made on the holding; (d) Purchase of stock, machinery, or implements; (e) Not exceeding four hundred pounds for unspeci- fied purposes on the fair estimated value of the holding, provided that ~ he applicant is a.. bona fide settler residing on and working the holding for the purpose of agriculturaJ, dairy- ing, grazing, horticultural, or viticulturaJ pur- . suits; but in no case shaJI any advance for unspecified purposes be made on the security of the mortgage of a prickly-pear selection unless it is, in the opinion of the Commis- sioner, practically free from prickly-pear at the date of application for the advance. (4.) The amount which may be so advanced shall in every case be determined by the fair estimated value of the holding with the improvements made and proposed to be made thereon, after taking into consideration aJ.I sums aJready advanced and still owing on the security. Advances not exceeding upon the whole three hundred pounds may be made to the full value-of the im- provements proposed to be made for any of the following purposes, .namely :-Buildings, of an amount not exceeding eighty pounds; ringbarking, clearing, fencing, draining, or water conservation, of an amount not exceeding two hundred pounds; providing a well or bore ( inclusiv~ of lifting power), of an amount not exceeding one hundred and fifty pounds. Where the holder of agricultural land has an area of thirty-five or more acres cleared and fenced and sown with- Rhodes grass or other approved grass, an amount not exceeding one hundred pounds may be advanced for the purpose of purchasing approved dairy stock to the full value of the improvements aforesai.d already made. The Commissioner may require, in addition to any oth~ r security, a lien over the stock so purchased by means of such advance. In no case shall the totaJ amount of such advances, exclusive of th~ advances made under either of the last
BANKS AND BANKING. s. 22. 7419 ID16. Queensland Government Savings Bank Act. two preceding paragraphs, exceed fifteen shillings in the pound of such estimated value. In the case of an advance being made for the pur- pose of freeing land from prickly-pear, the Commissioner shall retain such proportion of the advance as he thinks proper, not exceeding one-half part thereof, for such period as he thinks proper in order to secure the effective and permanent freeing of the land from prickly-pear. (5.) For the purposes of making advances on the security of a miner's homestead lease, as defined by "The Mining Act of 1898,"* such leasehold shall be considered as if it were held in fee-simple by the lessee thereof. (6.) Any loss arising in respect of any advances made-- (a) By the Trustees of the Agricultural Bank prior to the commencement of this Act; or (b) By the Commissioner under this section with the prior approval of the Secretary for Public Lands; in respect of a prickly-pear selection or agricultural selection infested with prickly-pear shall be made good to the Commissioner out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose. any p 2 e 2 r . so ( n 1. w ) h S 0 ub - J'ect to this Act, upon the application of dwAwodervklaleinnrcsge'ss. for (a) Is the owner of any land for a freehold estate in possession or is the holder of any miner's homestead lease or residence area granted or registered under" The Mining Act of 1898,"* or any Act amending or in substitution for that Act; or is the holder of a lease granted under section one hundred and twenty-one of " The Land Act of 1910,"t or any enactment in subst:tution therefor, or is in possession of any other land which the Governor in Council may by Order in Council approve; and (b) Is not the owner of a dwelling-house within Queensland or elsewhere; and (c) Is at the time of making this application not in receipt of an income of more than two hundred pounds per annum; * 62 Vie. No. 24, supra, page 2178. t 1 Geo. V. No. 15, supra, page 1347.
7420 s.23. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, the Commissioner may make an advance to such person on the prescribed security for the purpose of enabling him to erect a dwelling-house on the said land as a home for himself and his family, but for no other purpose, or, after erection under this Act, to enlarge or improve such dwelling-house. (2.) No such advance shall exceed fifteen shillings in the pound of the fair estimated value of such dwelling- house and of the land whereon it is to be or is erected. (3.) No such advance to any one such owner shall exc~ ed three hundred and fifty pounds. (4.) Whenever any question arises whether any applicant is the owner of a dwelling-house within Queens- land or elsewhere, or as to the amount of his income, the decision of the Commissioner upon such question shall be final and conclusive for all purposes, and shall not be questioned in any proceedings wha.tsoever. Advances to 23. (1.) No advance under either of the last two be secured preceding sections of this Act shall be made- by mortgage. (i.) Except upon the security of a mortgage or mortgages to the Commissioner over the lands and improvements with respect to which such advance is made, and upon such other security over real or perso:ri.al property as to the Commissioner seems fit; (ii.) With respect to any land which is encumbered by any previous mortgage or charge other than- (a) A mortgage or security under this Act; or (b) By reason of arrears of rates due to any Local Authority; or (c) A charge in favour of the Crown under the laws in force relating to Crown land or to marsupial-proof fencing or rabbit-proof fencing; or (d) A mortgage to the Treasurer or any person or corporation representing the Crown under "The Sugar Works Guarantee Acts, 1893 to 1895,"* or under any Jaw relating to the .construction and control of sugar works. • 57 Vie. No. 18 and 59 Vie. No. 14, aupra, pages 3417 et 8eq.
191 6. BANKS AND BANKING. ss. 24-27. Queensland Government Savings Bank Act. 7421 (2.) Any owner or occupier of land may, notwith- standing a.ny enactment or law to the contrary, lawfully execute such mortgage or other security. (3.) In all cases where a special form of mortgage is prescribed by any Act affecting agricultural land, the fa.ct that a mortgage of a holding under this Act is not in such form shall not in any way hinder its registration or limit its effect as a valid mortgage. 24. (1.) The provisions of "The Bills of Sale Act of Restricted 1891 , ,,* or any Act amending or in substitution for t . h . at aopfpcleicratat. iinon Act, shall not apply to any mortgage or other security Acts. executed under this Act, or affect the validity or operation of any such mortgage or security in respect of any chattels comprised therein. (2.) The provisions of "The Mercantile Acts, 1867 to 1896,"t requiring the registration of mortgages of live stock shall not apply to any mortgage of live stock executed in favour of the Commissioner. (3.) No mortgage or other security executed to secure an advance under this Act, or any release of such mortgage or security, or any other document or instrument executed for the purposes of this Act, shall be liable to stamp duty, any enactment to the contrary notwithstanding. 25. No advance under this Act shall be made to any Aliens. alien who has not first obtained in the prescribed manner a certificate that he is able to read and write from dictation words in such language as the Commissioner may direct. :0J::e:o 26. In addition to any other remedy provided by Money due fi this Act for the recovery of any sum of money payable under any provision of this Act to the Commissioner by Crown. a borrower, it is hereby declared that every such sum shall be and remain until payment a debt due by the borrower to the Crown, and shall be recoverable, with interest, by the Commissioner accordingly. 27. No judgment, order, or decree of any court Judgment ot of law, and in the case of land held under miner's home- ~ ~ ~ ~ ~ notto stead lease or as a residence area no act or default on security. the part of the borrower or any other person whereby a forfeiture might result, shall in any way affect the security for any advance made under this Act; and until all «055 Vic. No. 23, supra, page 2149. t 31 Vic. No. 36 and amending Acts, 8upra, pages 2133 et seg.
7422 'SI. 28, 29. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, instalments and interest payable in respect of the advance have been paid, no process of law or provision of any law in force relating to Crown land or mining or any declaration of forfeiture sha.ll interfere with the security for the same. Perfe.cting 28. In every case where an advance has been made l' : oi~ ~ over under this Act upon the security of a mortgage of a when holding the freehold whereof may be acquired from the farceqewhprledd Crown- subsequent to mortgage. (a) Section one hundred and sixty of "The Land Act of 1910,"* or allY enactment in substitu- tion therefo.r, shall apply: ' All costs and expenses occasioned in giving effect to this provision sha.ll be borne by the mortgagor, and may; if the Commis- sioner thinks fit, be added to and become part of the mortgage debt. (b) The Commissioner may, at any time and not- withstanding the provisions of any Act, acquire the freehold of the holding in the name and on behalf of the mortgagor or his successor in interest, and for that purpose may make all such payments to the Crown as are necessary: All payments so made by the Commis- sioner shall be added to and become part of the mortgage debt, notwithstanding that the amount of the advance is thereby increased to more than the amount prescribed under this Act. The deed of grant of the holding shall be delivered to the Commissioner, and thereupon the provisions of paragraph (a) hereof sha.ll be observed. Audit of accountB. 29. (1.) The accounts of the Commissioner shall be audited annually, at the close of each financial year of the Bank, by the Auditor-General or an officer of his department, and shall be so audited at such other times as the Auditor-General thinks fit. A'lcountB (2.) The Commissioner shall annually, within three :! ~ s~ ance months after the close of the financial year of the Bank, cause accounts and balance-sheets of the Bank to be prepared, and shall under his hand certify to the best of his belief the correctness of the same. ... 1 Geo. V. No. 15, supra, page '1347.
BANKS AND BANKING. ss. 30, 31. 7423 1916. Queensland Government Savings Bank Act. (3.) Such accounts and balance-sheets, so certified, shall be laid on the table of each House of Parliament, .and published by the Commissioner in the Gazette. (4.) The Commissioner shall, as at the close of each Armual financial year of the Bank, make and present to the report. Treasurer a full report of the operations of the Bank during the said year, and of such other matters relating to the Bank as he thinks fit. The first report of the Commissioner shall cover the period from the first day of July, one thousand nine hundred and sixteen, to the thirtieth day of June, one thousand nine hundred and seventeen, and shall accordingly relate fora part of such period to the operations of the Queensland Government Savings Banks, and the Agricultural Bank, and the Workers' Dwellings Board established and constituted under the Acts hereby repealed. Every such report shall be laid on the table of each House of Parliament. 30. No matter or thing done and no agreementprotec~ionof entered into by the Commissioner or any employee or ~ ~ : e~ I= ~ d other person on his behalf or under his direction shall, if employees the matter or thing was done or the agreement was entered ~ r~ : rtt~ ~ onal into bond fide for the purposes of this Act, subject the Commissioner or any such person to any personal liability in respect thereof. 31. An action shall not be brought against the No~ ice of Commissioner or any employee or other person, for any- actIon. thing done or intended or omitted to be done under this Act, until the expiration of one month after notice in writing has been served on the Commissioner or person to be sued, clearly stating the cause of action and the name and place of abode of the intended plaintiff and of his solicitor or agent. On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved, the Court shall firid for the defendant. Every such action shall be commenced within six months next after the accruing of the cause of action, and not afterwards. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor
7424 ss. 32-34. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, . or agent, at any time within one month after service of the notice, and in case the same is not accepted may plead such tender. Ferson taking fee or reward. Acting when interested 32. Any person who- (1) Directly or indirectly takes any fee or reward from any applicant for an advance under this Act; (2)- (a) Having any pecuniary interest in any land tendered as security for an advance under this Act; or (b) Being a partner of the applicant for an ad- vance, acts as valuer or adviser to the Commissioner in connection with such land or advance; Bribing officer. (3) In respect of any advance or application for any advance, bribes Qr attempts to bribe or corruptly influence any person appointed or- ading under this Act; ' shall be liable to a penalty of not less than fifty pounds nor more than two hundred pounds, and if an employee shall also be dismissed from his office. Recovery of 33. All penalties' illwoSed' by or under this Act may penalties. be recovered in a summary way under "The Justices Actsl> 1886 to 1909,"* upon the complaint of the Commissionerl> and when so recovered shp,ll be paid into the Fund. Regulations. 34. (1.) The Commissioner, with the approval of the Governor in Coun,cil, may from time to time make all such regulations as he deems necessary or convenient for the administration of the business of the Bank or carrying out this Act. (2.) Without limiting the generality of the foregoing provision, regulations may be made for all or any of the following purposes:- (i.) The duties and control of the employees and agents of the Bank; (ii.) Regulating the receipt and repayment of deposits and the payment of interest thereon ; (iii.) Regulating applications for and the making of advances by the Bank; * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. "
BANKS AND BANKING. s.34. 7425 1916. Queensland Government Savi1t(J.s Bank Act. (iv.) Prescribing the fees payable to the Commis- sioner in respect of such applica.tions and advances a.nd other matters arising under thIS Act; (v.) Prescribing what works shall be improvements for the purposes of this Act ; (vi.) The mode in which the value of lands and dwelling-houses and other improvements shall be determined; , (vii.) Forms to be used for the purposes of this Act; forms of mortgage or security and of insurance policies; the conditions and coven- ants to be inserted therein; (viii.) All matters necessaryOl' oxpedient for ena.olmg the Commissioner to undertake and carry on the business of insurance under this Act ; (ix.) Keeping the accounts of the Bank. (3.) All such regulations, when published in the . Gazette, sb,all be. judicially noticed and have the sam~ . effect as if they were enacted in this Act, and shall be • laid"before both Houses of Parliament within forty days after such publication, if Parliament is then sitting, and, if not, then within forty days after·. the beginning of the next ensuing session of Parlia'ment: . If either House of Parliament passes a resolution disallowing any such regulatio:(1, 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 ot thi8 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. All depositors and borrowers and their representatives shall be deemed to have notice of the regulations. 1. !? C. L-f( /7 P. c
142.6 Ich., s. 1. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, SCHEDULE. 'Secretary and other employees. Employees. 1. (1.) The Commissioner may appoint a Secretary, who, subject to the direction of the Commissioner, shall have power to execute documents on his behalf and affix the Seal of the Commissioner thereto. He shall also have such other powers and perform such other duties as are from time to time appointed by the Commissioner. (2.) The Commissioner may appoint and e~ ploy such officers, inspectors, valuers, clerks, and other employees and agents to assist in the execution of this Act as he thinks necessary. (3.) Unless in any case the Governor in Council otherwise directs, every employee shall hold office during pleasure only. (4.) Any State officer subject to "The Public Service Acts, lS96 to 1901,"+ appointed to be Commissioner or Deputy Commissioner or an employee under this Act shall continue to have all the rights and privileges conferred upon officers by those Acts. Any State officer subject to those Acts who is appointed an officer of the Bank, and whose services are not dispensed with as hereinafter provided, shall have the same rights under those Acts, and the regulations thereunder, to deferred and extended leave as if he were an officer of the Public Service; and for those purposes his service as officer of ~ he Bank shall count as service in the Public Service. Subject to the regulations under this Act, the regulations for the time being in force under those Acts shall be applicable so far as they can apply to employees under this Act. With the approval of the Public Service Board, and on such terms as may be agreed upon, the services of any person in the service of the Crown may in part be made use of by the Commissioner. (5.) The Commissioner and Deputy Commissioner and the permanent employees of the Commissioner shall be deemed to be officers within the meaning of "The Public Service Superannuation Act of 1912,"t and that Act shall be applicable to them accordingly. (6.) Any officer of the Public Service employed at the commence- ment of this Act under any of the Acts hereby repealed, who is appointed an officer of the Bank, and whose services are dispensed with by the Commissioner within two years after such appointment, shall return to and be an officer of 'he Public Service, and his service under the Commissioner shall count as service as an officer of the Pu blic Service. (7.) The Commissioner shall control the employees and agents of the Bank. The Commissioner may dismiss any employee or agent; and may discontinue the offices of or appoint other persons in the place of employees or agents who are dismissed, or die, or resign, or vacate office as herein provided. (S.) The Commissioner shall pay such salaries, wages, and allow- ances to the employees respectively as he deems proper. (9.) No employee shall, without the permissionof the Commissioner, engage in any employment outside the duties of his office. * 60 Vie. No. 15 and 1 Edw. VII. No. 17,'supra, pages 2817 et seq. t 3 Geo. V. No. 28, supra, page 5696. •
BANKS AND BANKING. Sch., •. 2-7. 7427 1916. Queensland Government Savings Bank Act. (10.) Every such employee or agent whose duties involve the receipt or custody of moneys or securities shall give such security for the due and faithful performance of his duties as to the Commissioner seems proper. 2. (1.) The Commissioner may appoint, to hold office during Examine1'll. pleasure only, two or more persons to be examiners of candidates seeking employment in the service of the Bank, or in lieu of making such appointment may arrange with the Public Service Board to cause examinations of candidates to be held. (2.) Except in the case of temporary employment, no person shall, save as hereinafter provided, be appointed to the Bank service who has not obtained a certificate of fitness after examination. 3. The period of temporary employment in the Bank service shall Temporary not exceed six months' continuous work: employ- Provided that where the duties to be performed are exceptional ment. the Commissioner may extend the period as he thinks fit. 4. (1.) Every appointment shall be made to the lowest grade in Appoint- each of the various branches of the Bank service, and on probation ments, how only, for a period of six months. to be made. After the period of probation and upon proof to the satisfaction of the Commissioner that this Act has been complied with, the appoint- ment may be confirmed by the Commissioner. (2.) Notwithstanding anything in this Act contained, the Commis- sioner may appoint to any position or grade, if he thinks fit, without examination, persons of known ability not employed in the Bank service. But no such appointment shall be made unless the Commissioner has previously certified under his seal to the Governor in Council that there is no person in the Bank service available and qualified for such appointment, and has 'obtained his sanction to such appointment. 5. (1.) When any vacancy occurs in the Bank service it shall be How filled, if possible, by the promotion of the most suitable employee promotions next in rank, position, or grade to the vacant office. made. (2.) No employee shall be passed over without being allowed to show cause in the prescribed manner to the Commissioner, whose decision upon the matter shall be final. 6. (1.) If any employee is convicted of any indictable offence, Vacation of or becomes insolvent, or institutes proceedings for liquidation of his Office. in affairs by arrangement or composition with or makes an assignment cert8J.n of his salary for the benefit of his creditors, he shall be deemed to have oases. vacated his office. (2.) Any such employee who has vacated his office by reason of Provision for any such pecuniary embarrassment as aforesaid, upon proving to the reinstate- satisfaction of the Commissioner that such embarrassment has not ment. been caused or attended by any fraud, extravagance, or dishonourable conduct, may be reinstated by the Commissioner in his former or any other inferior position in the service. 'i. The Commissioner shall not, and no employee or agent of the Commis- Bank shall, ,either directly or indirectly, borrow from the Bank, or sioner, Ua:r:at receive, except in pursuance of this Act, any payment, gift, profit, employ:s, f or benefit from the funds of the Bank: ~ Provided that nothing in this section shall prevent the Commis- borrow from sioner or such employee or agent from becoming a depositor in the Bank.
7428 Sch., ss. 8, 9. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, Bank, or from receiving any interest or other profit in respect of his deposit, or carrying out any arrangement or contract made prior to the commencement of this Act. Record of pa.rticula1'8 of service. 8. (1.) The Commissioner shall keep a record of all employees, and cause entries to be made in such record of- (a) The rank, position, or grade, the length of service, salaries, and such other particulars with regard to employees as he thinks fit; (b) Deaths, dismissals, suspensions, resignations, vacations of office, promotions, and reductions of employees. (2.) The Commissioner shall publish in the Gazette a list of persons employed in the service up to the thirtieth day of June in each year. Delivery of 9. (1.) If any employee is dismissed or is suspended, or resigns, matters in or dies, absconds, or absents himself, and if he or his wife, widow, or po~ ssion of any of his family or representatives refuses or neglects, after seven : f~ ; ; ; ' ~ al days' notice in writing, to deliver to the Commissioner or his agent . any property as herein defined in the possession or custody of such employee at the occurrence of any such event as aforesaid, then any justice of the peace, upon application by the Commissioner or his agent, may order any constable with proper assistance to enter and take possession of such property, and deliver the same to the Com- missioner or his agent, and, if necessary, to remove any person. Officers to (2.) Every employee shall from time to time, when required by dacecmoaunndt. on athcecoCunomt imniswsiroitnienrg, umnadkeer ahnisdhdaenldiveorf atoll hmimoneoyrs troecheiisveadgebnyt haimtroune behalf of the Commissioner. Such account shall state how and to whom and for what purpose such moneys have been disposed of. Together with such account, he shall deliver the vouchers and receipts for such payments. He shall pay to the Commissioner or to his agent all moneys which appear to be owing from him upon the balance of such account•. Summary remedy. If he fails to render such account, or to deliver all such vouchers and receipts in his possession or power, or to pay the balance thereof when required, or if for three days after being required he fails to deli ver to the Commissioner or his agent all property in his possession or power, then, upon a complaint made as for a breach of duty, a. court of petty sessions may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such employee, and make such other orders as appear to the court to be just. If it appears, either upon his confession or upon evidence or upon inspection of the account, that any moneys which should 00 , . , ' spuacidh coovuerrt tmo atyheordCeormhmimisstioonpearyatrheeinsamhies. hands or owing by him, If he refuses to make such account in writing, or to produce and deliver to such court the vouchers and receipts relating thereto, or to deliver up any property, the court may commit him to prison, thero to remain until he has complied with such order. Insolvency, (3.) If any employee or agent of the Bank having in his e&mc.p,loofyee. possession or power any property as herein defined- (a) Becomes insolvent; or (b) Makes an assignment for the benefit of his oreditors; or
1916. BANKS· AND BANKING. Sch., ss. 10-12. Queenslqnd Government Savings Bank Act. 7429 (c) Has any execution, attachment, or other process issued against his land, goods, chattels, or effects, the Commissioner may apply to such employee or agent, or his assignee or trustee, or to the sheriff or other person executing such process, or to his executors or administrators, or to any other person having legal right, as the case may be, and may demand that 'all such pl'Operty be paid over or delivered up to the Commissioner or such person as he may appoint. The party so applied to and having the same shall on such demand deliver over to the Commissioner, or to such person as afore- said, all such property, and shall payout of the estate, assets, or effects of such employee or agent all moneys due by him to the Bank before any other of the debts of the said employee or agent are paid or satisfied, and before the money directed to be levied by such process as aforesaid is paid over to the party issuing the same. All assets, land, goods, chattels, estate, and effects of such employee or agent shall be bound to the payment and discharge thereof accordingly. (4.) If theOommissioner or his agent makes oath that he has When good reason to believe, upon grounds to be stated in his deposition, ~ arrant may and does believe, that it is the intention of any employee or agent Issue. to abscond or that he has absconded, any justice of the peace may, if he thinks fit, issue a warrant in the first instance for the bringing of such employee or agent before such comt as aforesaid. (5.) For the purposes of this section, the term" property" includes Meaning of a.ny building or any part thereof or any appurtenance thereof, or any" property."; books, papers, securities, documents, or property whatsoever relating to the execution of this Act or the business of the Bank or belonging to the Oommissioner. (6.) No such proceeding against or dealing with any such employee Sureties not or agent shall deprive the Oommissioner of any remedy which he ~ ~ d might otherwise have against such cmployee or agent or any surety. sc arge . Branches and Agencies. 10. The Commissioner may from time to time, for the purposes Branches of this Act, establish branchcs of the Bank at any place in Queensland, and . and establish agencies of the Bank at any place within or outsideagencl9S. Queensland, and may close any branch or agency. Deposits. 11. All existing deposits made under the Savings Bank Acts shall Existing be subject to this Act. deposits. 12. Subject to this Act no person shall have more than one account Each person, in the B a n k : · . monalyy honavee . Providcd that this section shall not prevent any person having, account. )( bona fide, in addition to his own account- ~ ~ ( L~ " " l7t (a) Accounts in his own name in trust for other persons; . • . ,.,. (b) Accounts in his own name for the purpose of any enterprise, undertaking, business, occupation, or calling carried on by him; (c) Joint accounts with different persons; (d) Accounts on behalf of different friendly, charitable, or other societies or institutions (including tra.de unions or industrial unions ofemployers).
7430 8ch., SI. 13-15. BANKS AND BANKING. Queensland Government Savings Bank Act.. 7GEO. V. No. 17, But the Commissioner shall not be liable in respect of the perform- ance of any trusts rela.ting to a trust account; and the receipt of the trustee shall be a sufficient discharge to the Commissioner for any payment from any such account: Provided that the Commissioner may, if he deems it advisable, require the signature of both the trustee and the cestui que t'l"U8t before any payment is made. Interest, how fixed. ~ ~ ~ ~ . llg 13. (1.) The Commissioner with the approval of the Governor in Council shall from time to time fix the interest payable to depositors, and may fix differential rates of interest according to the amount of the deposit: Provided that interest shall not be allowed on any amount above one thousand pounds to the credit 1>f anyone account, except .the account of or on behalf of a friendly, charitable, or other society or institution (including a trade union or an industrial union of employers). But the Commissioner may in his discretion limit the amount of the respective accounts of or on behalf of such societies or institutions or any of them: Provided also that the prescribed rate of interest shall be paid on the deposit of or on behalf of any of the aforesaid societies and institu- tions up to one thousand pounds, and above that amount the rate shall be a matter of agreement with the Commissioner. Interest how (2.) Interest shall be calculated on every complete sum of one oalculat~d. pound, but shall not commence to run until the first day of the month next following that in which the deposit is made, and shall, with respect to any money withdra.wn, cease upon the first day of the month in which such withdrawal takes pla.ce : Provided, nevertheless, that money deposited on the first day of any month shall bear interest from that date, and money withdrawn on the last day of any month shall bear interest to that date. (3.) Interest shall be calculated to the thirtieth day of June in every year, and shall then be added to and become part of the principal money, and shall, subject to any limitation in the amount on which interest may be allowed, carry interest in all respects as other principal money deposited in the Bank. Office hours. 14. No person shall have any claim on the Commissioner in respect of a deposit which was not made during the office hours of the Bank. ~ . Withd1!9.wal 15. (1.) Deposits and interest payable thereon may be withdrawn o & f c d . ep~its. olengaal. lpypelinctaittiloend itno tchlae. impreosncrhiibsedbefhoarlmf. by the depositor or the person Where such application is made at the office of the Bank where the depositor's account is kept, the payment shall be on demand. Where such application is made at any other office of the Bank. the payment sha.ll be made on the receipt by the paying officer of authority from the office in which the account is kept: Provided that the Commissioner may prescribe conditions and period of notice to be given before any withdrawals are payable. (2.) On the withdrawal of any money from the Bank, a receipt order or cheque in such form as the Commissioner directs shall be signed by the depositor, and such receipt order or cheque shall be a.
BANKS AND BANKING. ScIt., It. 16-19. 7~ l- 1916. Queensland Government Savings Bank Act. sufficient discharge to the Commissioner for the amount therein ex- pressed to be received. A receipt order or cheque so signed by a minor shall be a sufficient discharge to the Commissioner. 16. (1.) Every depositor's pass-book shall be deemed to be the PIl.SS-books. property of the Commissioner, and shall be delivered up as and when required by him. (2.) Each depositor shall in the month of July in each year produce, or cause to be produced, his pass-book at the office of the Bank in which his account is kept, for the purposes of examination and verification. 17. (l.) If any depositor dies leaving any sum of money not Funds of a exceeding two hundred pounds exclusive of interest deposited in the deee~ ed Bank, and probate of his will or letters of administration are not~ ~ ~ ~ : d~ ~ ~ not produced to the Commissioner, or if notice in writing of the existence £200. of a will and intention to prove the same or to take out letters of administration is not given to the Commissioner within three months from the death of the depositor, or if such notice is given, but such will is not proved or letters of administration are not taken out and such probate or letters of administration produced to the Commis- sioner within four months from the death J)f the depositor, it shall thereafter be lawful for the Commissioner to pay and divide such funds at his discretion to or amongst the widow or relatives of the deceased depositor or anyone or more of them; or if he thinks proper according to the proviSIOns of any Act for the distribution of intestate estates for the time being in force; or if he thinks proper to pay the amount to the Public Curator. (2.) The receipt of any of the persons mentioned in this section shall be a good discharge to the Commissioner for the sum paid, and shall be binding on any widow, widower, or next-of-kin. (3.) If the Commissioner under this section pays money to any person who is afterwards proved not to have been legally entitled thereto, the Commissioner shall not be liable at the suit of any person who was so entitled: But this subsection shall not affect the remedy of the last-mentioned person against the person who has received the money Reserve Funds 18. The Commissioner may, out of the net profits of the Bank Reserve earned during any year, set apart or invest or oth~ rwise deal with such fund. sum as he thinks proper towards a reserve fund for equalising the rate of interest payable on deposits, for the redemption of debentures, for meeting losses. and depreciation, and for such other purposes as he deems necessary. Debentures_ 19. (l.) Debentures issued under this Act shall be made out in Debentures. such manner, form, and denominations, and with such checks, indents, and counter-foils, as the Treasurer shall direct, and shall be signed by the Commissioner and the Auditor-General. (2.) Such debentures and all interest thereon shall be guaranteed by the Consolidated Revenue of Queensland, and shall bear interest, payable half-yearly, at such rate per centum per annum as the Com- missioner, with the approval of the Governor in Council, shall fix.
M., ss. 20-25. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, :,go Cont=~ for , 20. (1.) The Commissioner may a.uthorise the deposit for safe Ion, keeping a.nd the sale or disposal of any such debentures in Queensland . or.in places beyond the limits of Queensland, and may appoint any agent or agents to take charge of such debentures and negotiate such sale or disposal on his behalf. , (2.) The Commissioner may empower the Agent-General of QUeensland for the time being, or such other agent or agents 80S the' Commissioner may appoint, or anyone or more of them, to discharge, in relation to such debentures deposited under the authority of this Act at any places beyond Queensland, mch of the duties of the' Auditor·General under this Act 80S the Commissioner may direct And with respect to such duties the acts of the Agent-General, or such other agent or agents 80S aforesaid, shall have the same force and e.ffect 80S if done by 'the, Auditor-General. Debentures 21. Upon proof being made, on oath, before 80 Judge of the Supreme lost, &0.' Court that any debenture issued under this Act, the number and sum whereof are specified, has been lost or accidentally burnt, defaced, or otherwise destroyed before the same has been paid off, and upon such Judge certifying that he is'satisfied with such proof, the Commis- sioner may cause 80 new debenture to be made out bearing the same number, date, currency, principal sum, and rate of interest 80S the debenture so lost or des~ yed, and to be delivered to the person who was the holder of the debenture so lost or destroyed upon his giving sufficient security to the Commissioner to indemnify him against any double payment if the missing debenture should thereafter be- presented for payment. . Cancelling of 22. All debentures issued under this' A~t, after .being paid off disebarged "nd discharged, shall be cancelled, and shall, together with all checks, debentures. indents, and counterfoils belonging thereto, be burned or otherwise destroyed in the presence of the Auditor-General and the Undar &cre:- tary of the Treasury, who sha.ll certify the fact of such destruction to th~ Commissioner. . Advance8. Applioation 23. Every application for an advance under this Act sha.ll be. for advance. made in the prescribed form and shall contain such particulars 80S may be prescribed. Applications 24. Applications for a.dvances under the Agricultural Bank Act already and Workers' Dwellings Acts pending at the commencement of this made. Act, and whether or not any advance or instalment has been made, may be dealt with and completed 80S if such applications were made for a.dVa.!)CAS under t,his Act.. InspeotoIS. 25. (1.) It shall be the duty of inspectors to report upon appli- cations for advances under this Act and to inspect from time to time the improvements which are in course of being made by means of such advances. If the Commissioner so thinks fit, any such advance ma.y be made by instalments upon the report of an inspector 80S the workis bemg done. When Com- (2.) At a.ny time upon the report of an inspector that any money m m wii a tsh y sihoonledr oadr vhaanscebdeehnasenxopet nbdeeend aipnp 8 l 0 iecdarfeolretshseopruwrpaossteeffuolr wmhaincnheirt, wthase aCdovmanmciesd- paymentl!. sioner mayrefuse to payany further instalmentofthe proposed advance, and may at once call in the whole amount already advanced, whereupon
BANKS AND BANKING. Sch., ss. 26, 27. 7433 1916. Queensland Government Savings Bank Act. the borrower shall forthwith repay the same, and in default the Com- missioner shall have the same remedies for the recovery of the same 80S are provided by this Act for the recovery of sums payable by the borrower. . 26. The following provisions apply to all advances by the Bank Repayment "nder this Act other than on the security of a mortgage of a grazing of advaDce. selection or for workers' dwellings :- (1.) For the period of five years, from the first day of January or the first day of July as the case may be, following the date on which the advance or first instalment thereof is made, there shall be paid to the Commissioner by the borrower interest on the amount advanced at the rate of five pounds per centum per annum. Such interest shall be payable on the thirty-first day of Decem- ber and the thirtieth day of June in each year: Provided that, where during such period of five years aforesaid the borrower has at intervals obtained several advances from the Commissioner, the period during which interest only shall be calculated 80nd paid on the second and every such subsequent advance shall not extend beyond the said period of five years ascertained in respect .0£ the first of such adva.nces. (2.) After the expiration of the said period of five years, the ba.lance of the advance authorised but not then drawn shall be deemed to be cancelled, and the amount which has been then advanced with interest at the rate aforesaid shall be repaid by the borrower to the Commissioner within a term of twenty years by payment, on the thirty- first day of December and the thirtieth day of June in each year, of half-yearly instalments of the amount of four pounds and three pence for everyone hundred pounds advanced until the whole amount advanced with interest a.t the rate aforesaid has been repaid. 27. Notwithstanding anything in this Act contained, an advance Provisi?D as shall not be made on the security of a mortgage of a grazing selection, tOlgrt~ zlDg excepu. .. on the f 0 1o1w· mg conditl.Ons:- se eo Ions. (a) The advance secured by the mortgage, with interest tbereon at the rate of five pounds per centum per annum, shall be repaid within a term to be specified therein and ending not later than the date on which the lease will expire by effluxion of time; (b) The advance, with interest at the rate aforesaid, shall be repaid by the borrower to the Commissioner within the term so specified by payment, on the thirty-first day of December and the thirtieth day of June in each year, of half-yearly instalments of such amount per centum on the amount advanced a~ will ensure that the whole amount advanced, with interest at the rate aforesaid, will be repaid within the term so specified; {c) In the event of the determination of the term of the lease for any reason other than by effiuxion of time, the whole a.mount of the advance with interest at the rate aforesaid then remaining unpaid shall forthwith, without any demand or any legal process whatsoever, be and become repayable, and, notwithstanding anything contained in "The Land Act 01 1910,"* the Commissioner shall have a first cha.rge * 1 Geo. V. No. 15, 8upra, page 1347.
7434 Sch., 11. 28-30. BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, against any improvements then on the land, or the value thereof if paid by an incoming selector, for the purpose of liquidating the amount then remaining unpaid; (d) The memorandum of mortgage may contain such provi- sions, stipulations, and covenants as will give efiect to the foregoing provisions and otherwise ensure the repayment of the said advance. &payment 28. The following provisions apply to all advances by the Bank for of advance workers' dwellings : - fdowrewllionrgk.er's advaFncoer othr eanpyeriinosdtaelmndeinntgthseixreomfoinsthmsadaef,tetrhethree sdhaatlel boenpwaihdictho tthhee Commissioner by the borrower interest on the advance at the rate of five pounds per centum per annum. Such interest shall be payable at the prescribed time. If any advance is made by instalments, interest shall be calculated on the actual amount of the several instalments of such advance from the date when such instalments are advanced. After the expiration of the said period, the advance with interest at the rate aforesaid shall be repaid by the borrower to the Commis- sioner within a term of twenty years by payment, on the prescribed day of each month in each year, of monthly instalments of the amount of thirteen shillings and three pence for every one hundred pounds advanced until the whole advance with interest at the rate aforesaid has been repaid : When any advance has been made by instalments, the Commis- sioner may make any adjustment in the calculation of interest or otherwise as in his opinion may be expedient, so as to ascertain and fix the term of the advance and the dates of repayment. Prepayment 29. Any advance under this Act may at the option of the of borrower be repaid at any time sooner or in larger instalments than instalments. herein specified. Remedies of 30. (1.) If default is made by the borrower in the payment of the Commis- any sum payable by him -to the Commissioner, or if the borrower sioner. commits any breach of any covenant or condition to be observed by him under any mortgage or under this Act, the whole of the debt then remaining unpaid shall forthwith become due and payable, and shall be recoverable, with interest at the prescribed rate, by the Commis- sioner a.ccordingly. (2.) If default is made by the borrower in the payment of any sum of money payable by him to the Commissioner, then, withouo:). prejudice to any other remedy, and although no legal demand has been made for the payment thereof, the Commissioner may enter upon and take posseSSIOn (for that purpose using such force as may be necessary to eject any occupant) and sell the whole or any part of the land with respeot to which the advance has been made, with all improvements thereon, either by private sale or public auction, and subject to such terms and conditions of sale as he thinks expedient, and after such notice of the time, place, terms, and conditions of sale as he thinks expedient, with power to give time for payment of purchase money, or to allow the purcha.se money to remain on mortgage at the risk of the borrower, and to vary or rescind any contract for sale, and to buy in at any auction, and to resell without being answerable for any loss, and may transfer or convey such land to the purchaser, and give a valid title thereto:
BANKS AND BANKING. &ch., ss. 31, 32. 7435 1916. Queensland Government Savings Bank Act. Provided that the provisions of this section shall not take effect where the advance has been made for any purpose other than for a worker's dwelling if the borrower, 'Within ninety days from the date when the said sum became payable, pays the same with the addition of a sum by way of penalty calculated as follows, that is to say :-H the sum is paid within thirty days, two and a-half pounds per centum is to be added; if the sum is paid within sixty days, three and three- quarter pounds per centum is to be added; and if the sum is paid after sixty days, five pounds per centum is to be added; but unless the whole of the sum together with such penalty is paid within the said ninety days the provisions of this section shall have full force and effect: Provided further that, before any land is sold by private sale under this section, it shall first be offered at public auction, due notice of which shall be publicly advertised as prescribed in the locality where the land is situated. (3.) After the Commissioner has taken possession of any land under this provision, any occupant who is permitted by him to be or remain in occupation thereof shall pay to the Commissioner such occupation rent as the Commissioner may fix. (4.) The Commissioner shall apply the proceeds derived from Application such sale in payment, in the first instance, of all moneys due in respect of proceeds of such land, and in redemption of any amount charged thereon in of sale. favour of the Commissioner, or of 80 much thereof as remains unpaid, and of all expenses incurred by the Commissioner in relation to such sale or otherwise WIth respect to such land, and shall pay the balance (if any) to the person appearing to the Commissioner to be entitled to receive the same. (5.) As against mortgagors, the Commissioner shall not be respon- sible for involuntary losses or the default of agents or auctioneers. 31. As an additional remedy and power, and without modification In event of or abatement of the provisions of the last preceding section. whenever no purchaser, land authorised to be sold by the Commissioner under this Act island ~ offered for sale by public auction, and the amount of the highest biddingc:,t l~ • at such sale is not sufficient to satisfy the moneys due to the Commis- sio: ~ sioner, together with the costs and. expenses of and occasioned by such attempted sale, or there is no bid, tkeCommissioner shall advertise the land for private sale, in at least one newspaper circulating in the district where such land is situated, once at least in each of three successive \"eeks, and shall in such advertisement name a day and time, not less than one month from the date of the first of such advertisements, upon or after which the land shall vest in the Com- missioner, together with all improvements thereon, unless in the interval a sufficient amount has been obtained by the sale of such land to satisfy the moneys due to the Commissioner and all costs and expenses of and occasioned by such sale and proceedings, and there- upon if such amount has not· been so obtained the land shall vest in the Commissioner for the whole estate of the borrower, free from any encumbrance. 32. In case of a mortgage to the Commissioner of So miner's home- Mortgages stead- of miners' (i.) The Commissioner, on exercising his powers, may retain homesteads. possession for any period in his discretion;
7436 8ch. , ss. ~ , 34. - BANKS AND BANKING. Queensland Government Savings Bank Act. 7 GEO. V. No. 17, (ii.): It shall not be necessa.ry to furnish the proof required by section eighty-five of "The Mining Act 01 1898,"* 80 long 80S the rent has· been paid for a period of not less than irorty years ; (m.) Section ninety-eight of. "The Mining Act 01 1898". shaU . not apply. Mortgagor to effect neceeaary repa.ira. 33. Every person who has given a mortgage or other security to the Commissioner shall, during the continuance of the sa.me, to the sa.tisfa.ction of the Commissioner or other person authorised in that- behali- (a) Keep the mnd comprised in such mortgage or other security free from all noxious weeds and pmnts, particula.rly prickly- pear, china. apple, noogoora burr, and bathurst burr; and (b) Keep in good and ~ na. ntablerepair all ft"llces, fixtures, and improvements upon the land; and (c) Insure and keep. insured all buildings upon the mnd; and (d) Pay all ra~ s and taxes, and perform all the mwful requisi- tions of an.y local or other authority with .respect to the mnd; and - (e) Perform the conditions of any lease and observe the pro- visions of any Act under which the mnd is held: . For the purposes of this section, "repair" includes painting in accordance with the conditions in that behalf contained in the mortgage. JJ, af~r the expiration of two months' notice in writing by the Commissioner, such person has not complied with the requirements· of this section- (i.) The like consequences shall follow as are hereinbefore provided in case of default made in the payment of any sum of money payable under this Act;· or (ii.) The Commissioner or some person authorised in that behalf may comply with all such requirements and, if necessary for that purpose,enter upon the mnd, and the expense thereby incurred with interest at the ra~ of five pounds. per centum per annup} shall be repaid to the Commissioner by the borrower OD demand, and if not so paid the Commis- sioner may, at his option, either forthwith exercise the powers conferred upon him as aforesaid in case of default made in the payment of any sum of money or add the amount of such expense and interest to the mortgage debt, whereupon the same shall be deemed to be part thereof. Conditions annexed to land whililt subject to advances. .. : ~ 34. As between the Commissioner and the owner or occupier for the time being of any land with respect to which an advance has been made, the following conditions shall be imposed 80 long as such mnd is subject to any charge in respect of any periodicalpa.yment in favour of thelCommissioner, namely :- . (i.) Such land shall not be transferred, subdivided, or let, or abandoned by such owner or occupier without the consent of the Commissioner. - Every agreement for transfer or Jetting contrary to this subsection shall be void and of no effect. • 62 Vio. No. 24, BUp'T'tJ, page 2178.
BANKS AND BANKING. &ch.. ss. 35-37. 7437 1216. Queensland Government Savings Bank Act. If the owner or occupier transfers, subdivides, or lets such J.a.ndor any part thereof, or abandons such land, in contravention of this subsection, the Commiss:'oner may cause the land to be sold. (ii.) When the title to the land is divested from the owneror occupier, under any law relating to insolvency, the Commis- sioner may ca.use the .land to be sold. (iii.) When on the death of the owner or occupier the Jand would by reason of any demise, bequest, intestacy, or otherwise become subdivided, the Commissioner may reqUIre the land to be sold within twelve months after the death of the owner or occupier to some one person, and if default is made in selling the sa.me the Commissioner may cause the same to be sold. The provisions of this Act, as to sale and application of the proceeds of sale, shall apply to every sale made under this section. 35. Whenever under this Act power is conferred upon the Com- Power to missioner to cause any la.nd to be sold by reason of any default or lease !n lieu breach of covenant or· condition or otherwise, the Commissioner of sellmg, &C. may, if he thinks fit, from time to time previous to exercising such power of sale, lease such land or any part thereof for any term not exceeding thirty years: Provided that, upon the determination of any such lease and before any new lease or renewal of lease is granted, the Commissioner shall offer to sell the land ai; public auction as hereinbefore prescribed. Every such lease shall contain a covenant to pay such rent and observe such conditions as the Commissioner in each case thinks fit. The rents and profits from time to time derived from any such lease shall be applied- (a) In payment of the costs and expenses from time to time incurred in connection with the lease ; (b) In payment of the instalments and other payments (if any) due under this Act; c} In payment of the balance (if any) to the borrower. 36. In any case where the Commissioner is satisfied that any Abandoned' worker's dwelling in respect .of which any advance under this Act work~rs' is outstanding has been abandoned by the borrower and is without a dwellmgs. lawful occupant, the Commissioner may enter upon and take posses- sion of such dwelling and the land whereon it is built and retain posseSSIOn of the same, and may let the same, and shall apply the rents and profits in payment of the costs and expenses from time to time incurred in connection with the J.a.nd and of the instalments and other payments, if any, due under this Act, and shall hold the balance, if any, in trust for the borrower. 37. (l.) Where the consent of the Commissioner is sought to the Transfer of transfer of any land with respect to which an advance has been land. made, the Commissioner may require as a condition to his consent that the transferee shall ente into and execute, in favour of the Com- missioner, such mortgage, bonds, covenants, and other instruments and securities as will effectually secure the payment by the transferee of all tlums of money with the prescribed interest advanced to the
7438 BANKS AND BANKING.-COMMONWEALTH TAXATION. State Salaries (Oommonwealth Taxation) Act. 7 GEO. V. No. 18, Letting of land. transferor, and upon the entering into and execution of the sa.me the transferee shall be equally bound thereby 80S if such advance had been made to him in the first instance. (2.) Where the consent of the Commissionor is sought to the ;etting of any land with respect to which an advance has been made, the Commissioner may require as a condition to his consent that the lessee shall enter into and execute in favour of the Commissioner suoh agreement as will secure to the Commissioner, when 80 demanded, all the rents and profits of the land and the attornment of such lessee to the Commissioner. BRANDS. See STOCK. COMMONWEALTH TAXATION. 7 Geo. v. An Act relating to the Taxation by the Parliament No. 18. THE STATE of the Commonwealth of Australia of Salaries, SALARIES (COMMON- Reimbursements, and other Moneys paid by WEALTH TAXATION) the State of Queensland. ACT OF 1916. [ASSEN'l'ED '1'0 19TH DECEMBER, 1916.] 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 State Salaries (Oommonwealth Taxation) Act of 1916." Definition of 2. In this Act the term "Officers of the State of ~f! c~ ~ o: of Queensland" includes all persons in any office or employ- Queensland. ment under the Crown or the Government of Queensland or in any other office or employment for which payment is provided out of the Oonsolidated Revenue: without limiting the generality of the foregoing provision, the term includes officers of the State Public Service, the Auditor-General and officers of his Department, the Commissioner for Rail- ways and employees in the Railway Service, the Police Force, the Chief Justice and Judges of the Supreme Court, . Judges of District Courts, any Judge of the Industrial Court, members of the Land Court, and service or employ- ment in any office of Parliament.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0