Rural Assistance Board and Agricultural Bank Acts Amendment Act of 1934 (25 Geo v No. 30) (Qld)

BANKS. 25 GEO. V. No. 30, 1934. Rural Assistance Board, Etc., Act. 14917 PART IV.- GENERAL PROVISIONS. and whensoever given by such borrower or purchaser as and by way of security (whether the principal security, or collateral thereto) for the advance, or for payment of purchase-money, as the case may be, shall be read and construed as if the provisions of this Act to the extent to which relief has been granted thereunder to him were inserted in each of the said securities as part of the terms and conditions thereof, and the parties thereto shall bp bound accordingly. An Act to Provide for the Appointment of a Rural 25~ ~ o30: ' Assistance Board , and to Amend H The TAHSSEISRTUARNACLE Agricultural Bank Acts, 1923 to 1931," A~ ~ : O~ ; ; ~ AL in certain particulars; and for other purposes. f~ : :D~ ~~ T ACT OF 1934. [ASSENTED TO 6TH DECEMBER, 1934.] 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:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as " The Rural Assistance Short title. Board and Agricultural'Bank Acts Amendment Act of 1934." 2. This Act shall be divided into Parts, as follows : - P~ ~ tftofA~ ct: PART I.-PRELIMINARY; PART Il.-RuRAL ASSISTANCE BOARD; PART IIl.-AMENDMENTS OF THE AGRICULTURAL BANK ACTS. 3. In this Act, unless the context otherwise indicates, Definitions. the following terms have the meanings respectively set againRt them, that is to say :-- "Bank"-The Corporation of the Agricultural Bank. Bank created by *" The Agricultural Bank Act of 1923 " ; "Rural Assistance Board" or "Board "-The Rural Rural Assistance Board constituted by this ABsosairsdtaonrce Act; Board. * 14 Geo. V. No. 41, supra, page 10443.

14918 PABT1.- PBELIlIlINARY. BANKS. Rural Assistance Board, Etc., Act. 25 GEO. V. No. 30, Prescribed. " Prescribed "-Prescribed by this Act; Regulations. "Regulations"-Regulations made under the authority of this Act; This Act. "This Act"-This Act and all Orders in Council, notifications, and regulations made there- PABT 11.- RUllAL under. ASSISTANCE BOARD. PART lI.-RURAL ASSISTANCE BOARD. Constitution of Rural 4. (1.) There shall be constituted a Board called Assistance " The Rural Assistance Board" (hereinafter called" the Board. Board "). Members. (2.) The Board shall consist of four members (being officers of the Public Service) two of whom shall be officers of the Bank, one of whom shall be an officer of the Department of Agriculture and Stock, and one of whom shall be an officer of the Department of the Auditor-General, and who shall from time to time be appointed by the Governor in Council by Order in Council published in the Gazette, and shall hold office at the pleasure of the Governor in Council. One of such members so appointed shall be designated the Chairman of the Board, and one of such members so appointed shall be designated the Deputy Chairman of the Board. Business. (3.) The Board shall meet at such times and conduct its business in such manner as they may decide or as may be prescribed. Rural (4.) The Board known as "The Rural Assistance BAossairsdtainnce Board" constituted prior to the passing of this Act, and office at the in office at the passing of this Act, shall for the purposes' f~ :~ ~ t~ ~ of this Act be and be deemed to be the Rural Assistance be the B?ard Board under this Act, and the persons for the time being ~ ~ . er thIS constituting such Board shall be the members tbereof and the Chairman and Deputy Chairman respectively. Appoint- ment of deputy. (5.) In the case of the illness, suspension, inability, or absence of any member of the Board, the Governor in Council may appoint some other person (being an officer of the Public Service and being an officer of the Bank. or of the same Department as such member, as the case may be), to act as the deputy of such member during such illness, suspension, inability, or absence, and every such person shall while he acts as such deputy have all the powers and perform all the duties as such member of the Board:

BANKS. 14919 1934. Rural Assistance Board, Etc., Act. PART n.- AS~ I~ ~ !~ CE BOARD. Provided that in the case of a temporary absence Temporary from any meeting of the Board of a member, the Minister absence. may appoint some other person (being an officer of the Public Service and an officer of the Bank, or of the same Department as such absent member, as the case may be), to attend such meeting, and for the purpose of such meeting the person so appointed shall be deemed to be a member of the Board. (6.) Two members of the Board shall form a Quorum. quorum. 5. (l.) The Board shall be an advisory Board Duties of charged with the duty of advising the Bank in respect the Board. of applications for advances made under- (a) *" The Agricultural Bank Acts, 1923 to 1934" ; (b) t" The Discharged Soldiers' Settlement Acts, 1917 to 1932." (2.) The Board shall be an advisory Board charged with the duty of advising the Minister for Labour and Industry in respect of loans which may be made pursuant to t" The Income (Unemployment Relief) Tax Acts, 1930 to 1932." (3.) For the purpose of exercising such duties as aforesaid, the Board shall have power and authority- (i.) To enquire into and consider applications for advances or loans as hereinbefore referred to ; (ii.) To require any further or other information in respect of any such application; (iii.) To recommend the approval of any such application (either wholly or in respect of any amount less than the amount applied for) ; (iv.) To recommend the refusal of any such application. (4.) The Board shall on reference to it have power and authority to recommend to the Bank the granting or refusal or the granting on such terms and conditions as recommended of relief to any necessitous borrower under the aforesaid Acts, and also on reference to it to consider and make recommendations to the Bank in respect of cases involving forfeiture, foreclosure, sale, renting, or leasing of properties in possession. * 14 Geo. V. No. 41, 20 Geo. v. No. 3, and 22 Geo. V. No. 22,8upra, pages 10443, 12429, and 13386, and 25 Geo. V. No. 30 (this Act). t 7 Geo. V. No. 32 and amending Acts, 8upra, pages 9453 et seq. :j: 21 Geo. v. No. 1 and amending Acts, supra, pages 12952 et seq.

14920 BANKS. PART II.- RURAL ASSISTANCE Rural Assistance Board, Etc., Act. 25 Gm. V. No. 30, BOARD. (5.) The Board shall also have such advisory powers as may from time to time be prescribed, or as may be delegated to the Board. (6.) The Bank shall refer to the said Board the several matters in respect of which the Board has advisory powers under this Act or under *" The Agricultural Bank Acts, 1923 to 1934," .and t" The Discharged Soldiers' Settlement Acts, 1917 to 1932," and shall be guided by the advice of the Board thereon. (7.) The Board shall have power to charge an annual management fee in respect of the administrative expenses connected with applications for assistance under t" The Income (Unemployment Relief) Tax Acts, 1930 to 1932." Regulations. 6. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Part or that may be necessary or expedient to carry out the objects and purposes of this Part. Without limiting the generality of the above provision, such regulations may provide for the matters following, that is to say:- Regulating the duties and responsibilities of the Board; practice and procedure in relation to and the powers and duties of the Board with respect to matters and things referred to it; the regulation of meetings, proceedings, and the conduct of business of the Board and the appointment of a secretary thereof (if necessary); the formation and duties of committees of the Bank andlor Board. And the provisions of section twenty-six of *" The Agricultural Bank Acts, 1923 to 1934," shall, mutatis mutandis, apply and extend accordingly. PART III- III AMEONFDTMHEENTS PART • -AMENDMENTS OF THE AGRICULTURAL BANK AGRICULTURAL ACTS. C!::r!::i:n 7. This Part shall be read as one with §" The of Part Ill. Agricultural Bank Acts, 1923 to 1931," herein referred to as the Principal Act. * 14 GaD. V. No. 41, 20 Gao. V. No. 3, and 22 Geo. V. No. 22, 8upra, pages 10443, 12429, and 13386, and 25 Geo. V. No. 30 (this Act.) t 7 Gao. V. No. 32 and amending Acts, BUpra, pages 9453 et 8eq. t 21 Geo. V. No. 1 and amending Acts, BUpa, pages 12952 et 8eq. § 14 Geo. V. No. 41, 20 Gao. V. No. 3, and 22 Geo. V. No. 22, aupra. pages 10443, 12429, and 13386.

BANKS. 14921 PART Ill.,..... 1934. Rural Assistance Board, Etc., Act. AMENDMENTS OF THE - - - - - - - - - - - - - - - - - - - - - - - - AGRICULTURAL The Principal Act as amended by this Part shall BANK ACTS. be collectively oited as "The Agricultural Bank Acts, 1923 to 1934." Amendments of the Principal Act. ADVANCES TO COMMODITY BOARDS. 8. Section two of the Principal Act is amended Amendment by inserting therein the following :_" PART IIIA.- of B. 2. ADVANCES TO COMMODITY BOARDS." 9. Mter section fifteen OF the Principal Act the fr~ : . ~J following Part and section is inserted, namely :- B. 15A. " PART IIIA.-ADVANCES 'fO COMMODITY BOARDS. [ 15A.] Notwithstanding anything in *" The Primary aPdovwaenrc t e o to Producers' Organisation and Marketing Acts, 1926 to Commodity 1932," or in this Act or in any Act or law to the contrary BoardB. contained, the Bank may on the recommendation of the Rural Assistance Board make from time to time advances to any Commodity Board within the meaning of *" The Primary Producers' Organisation and Marketing Acts, 1926 to 1932." The terms, conditions, and stipulations of any such advance and terms of repayment, and all other matters necessary or incidental to the repayment and enforcement of repayments of such advance, may be fixed by agreement between the Bank and the Commodity Board, or may be as prescribed: Moreover for the securing the repayment of any such advance together with interest thereon as may be agreed the Commodity Board shall and may execute all such mortgages, charges, liens, or other instruments as the Bank may require containing all such covenants stipulations, rights, powers, and remedies in favour of the Bank upon any default or non-compliance by the Commodity Board with any of the terms of any agreement, mortgage, charge, lien, or instrument as -the Bank may consider proper or as may be prescribed: Moreover, in addition to any other remedies provided in this section or in the Principal Act, any such advance (together with interest thereon) shall be a debt due and payable to His Majesty, and payment thereof may be enforced accordingly in any court of competent jurisdiction." ... 17 Geo. V. No. 20 and amending Acts, 8upra, pages 11659 et 8eq.

14922 BANKS. PART III- iAMENDMENTS OF THE Rural Assistance Board, Etc., Act. 25 GEO. V. No. 30, AGRICULTURAL - - - - - - - - - - - - - - - - - - - - - - - - A B m AN e K n dmAC e TS n ~ , 10. Section eighteen of the Principal Act is amended • of s. 18. by repealIng the words" one thousand seven hundred pounds" and by inserting in lieu thereof the words " one thousand eight hundred pounds." A of m s e . n 1 d 9 m . ent by in 1 se 1 r . tinSgecatfiotenrntihneetweeonrdosf " thtehiPsrsineccitpioanl , A" cint issuabmseecntdioedn four thereof, the words" or under sections twenty and 20A of this Act." Amenchnent 12. Section twenty of the Principal Act is amended of s. 20. as follows : - (a) In the first paragraph the words "and for a term fixed by the Bank, not exceeding the maximum terms respectively limited in the third column thereof, exclusive of any period allowed by the Bank (not exceeding one year) during which interest only is payable" are repealed. (b) The third column intituled "Maximum Term of Advance" of the table set forth in the said section is repealed. (c) In the first column of the said table the following words are added, namely :- "Purchase of pineapple and banana suckers and/or other seeds and plants for approved purposes. " In the second column the figures "25" occurring opposite the words- " Purchase of grass and fodder crop seed " are repealed and the figures " 30 " are inserted III lieu thereof. Also the figures "£30" are inserted in the second column opposite the words- "Purchase of pineapple and banana suckers and/or other seeds and plants for approved purposes." (d) In the paragraph following the aforesaid table the words " and term " are repealed. (e) In the definition of " Dairy farmer " the words " and the number of which does not exceed thirty-five" are repealed.

BANKS. 14923 PART III- 1934. Rural Assistance Board, Etc., Act. AMENDMENTS OF THE - -- -- ~ - - - - - - - - - - - - - - - - - - - - AGRICULTURAL 13. Section 20A of the Principal Act is repealed and RBANKt~ TS. the following new section (20A) is inserted in lieu a; S~ ~ ; thereof :- s. 20A. "[20A.] The Bank may upon the application of any Advances to grazier, being the owner or occupier of farm land, make graziers for advances not exceeding the sum of five hundred pounds b~ ~ fl~ ~ : tl~ ~ to the applicant for the purchase of beef cattle for breeding and fattening purposes: Moreover the provision of .. section twenty as to advances upon application for the purpose of the purchase of grass and fodder crop seed, including the maximum amount that may be advanced, shall, mutatis mutandis, apply in respect of any grazier as aforesaid." 14. The following new section (24A) is inserted New s. 24A. after section twenty-four of the Principal Act, as follows :- "[24A.] It shall not be lawful to charge, recover, or Penalty for receive any moneys for or in respect of the procuring, procuration negotiating, or obtaining any advance to a borrower fees. under this Act, or under any Act or law in pursuance of which the Bank acts as attorney or agent. Any person, firm, company, or association which charges or receives or attempts to charge or receive any moneys for or in respect of the procuring, negotiating, or obtaining any such advance itS aforesaid shall be guilty of an offence and liable to a penalty of not less than fifty pounds or more than two hundred pounds." 15. The following new section (24B) is insertedNews.24B. after section 24A of the Principal Act (as inserted uy section fourteen of this Act) ;- " [24B.] Notwithstanding anything contained in this Annual Act, any borrower engaged or about to engage in a inst;ahnents seasonaI m· dustry yw. Idm' g onIy one crop per annum may ibnyrbesoprreocwt eorf make applieation to the Bank to pay annually the certain I I.nst aImentfs 0 p'rmC.lpaI ando/r ' Interest due and payable sineadsuosntraies. under his mortgage or other security or under this Act, and either on the thirtieth day of June or the thirty-first day of December in each year. Such borrower shall set out in his application the nature of the industry in which he is engaged or proposes to engage,. and his reasons for desiring to pay his instalments annually.

14924 BANKS. PART III- AMENDMENTS OF THE Rural Assistance Board, Etc., Act. 25 GEO. V. No. 30, 1934. AGRICULTURAL - - - - - - - - - - - - - - - - - - - - - - - - BANK ACTS. The Bank may upon the advice~ of the Rural Assistance Board refuse such application or grant same. If such application is granted such instalments shall .thereafter become due and owing annually in lieu of half-yearly, and the Bank shall thereupon adjust same accordingly; and moreover the instrument of mortgage or other security shall be deemed to have been altered and shall be read and construed accordingly: Provided that in the event of default on the part of the borrower the like consequences shall follow as are provided in this Act in the case of default in the payment of any sum of money payable thereunder half-yearly: Provided further, that nothing in this section shall prevent any borrower from at any time making half- yearly payments in accordance with the provisions of this Act; and moreover the Bank may at any time require any borrower who is making annual instalments under this section to pay by half-yearly instalments in accordance with the provisions of this Act in lieu of such annual instalments. For the purposes of this section, " seasonal industries" shall mean such industries as the Minister upon the advice of the Rural Assistance Board shall from time to time decide." BRIDGE, BRISBANE RIVER. See INDUSTRY (BUREAU OF INDUSTRY AMENDMENT). BRISBANE, CITY OF, AMENDMENT. See LOCAL AUTHORITIES. BRISBANE RIVER BRIDGE. See INDUSTRY (BUREAU OF INDUSTRY). BRISBANE WATER SUPPLY AND FLOOD PREVENTION. See INDUSTRY (BUREAU OF INDUSTRY). BUILDING IMPROVEMENT. See BANKS (1). BUREAU OF INDUSTRY See INDUSTRY (BUREAU OF INDUSTRY AMENDMENT).