Rural Training Schools Act of 1965 (Qld)

681 Querllafan^ ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 45 of 1965 An Act to Provide for the Control and Management of Rural Training Schools [ASSENTED TO 25TH NOVEMBER, 1965; BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: PART I-PRELIMINARY 1. (1) Short title . This Act may be cited as " The Rural Training Schools Act of 1965." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

682 Rural Training Schools Act of 1965. No. 45 2. Parts and Divisions . This Act is divided into Parts and Divisions of Parts as follows :- PART I-PRELIMINARY PART 11-BOARD OF TRUSTEES Division I-Appointment of Board; Division II-Powers and Functions of Board; Division III-Dealings with Land Vested in Board; Division IV-Proceedings and Business of Board; PART III-FINANCIAL PROVISIONS; Division I-Accounts and Budget of Board; Division II-Borrowings by Board; PART IV-GENERAL PROVISIONS. 3. Meaning of terms . (1) In this Act, unless the context otherwise indicates or requires, and in any definition of a term used in this Act contained in " The Education Act of 1964," the following terms have the meanings set against them respectively, that is to say- " Area "-The district in which a Local Authority has jurisdiction; " Board "-A Board of Trustees constituted under this Act; " Chairman "-The chairman of a Board : the term includes a person for the time being performing the duties of chairman; " Financial year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next following calendar year; " Hostel "-Premises for the accommodation of students enrolled in a Rural Training School, the supervision and maintenance of which premises are entrusted to a Board; " Local Authority "-A Local Authority within the meaning of " The Local Government Acts, 1936 to 1965," and, in relation to the City of Brisbane, means the Brisbane City Council constituted under " The City of Brisbane Acts, 1924 to 1960 "; "Rural Training School "-A school or an annex to a State secondary school which school or annex provides agricultural instruction and which is established for the sole or principal purpose of providing such instruction; " School "-A Rural Training School. (2) In so far as a term used in this Act is not defined in this Act but is defined in " The Education Act of 1964," that term when used in this Act has the meaning assigned to it in that Act unless the context otherwise indicates or requires. (3) When a term used in this Act has a meaning assigned to it any derivati,.e of that term when used in this Act has a corresponding meaning. PART 11-BOARD OF TRUSTEES Division I-Appointment of Board 4. Constitution of Board . (1) For every Rural Training School there shall be a Board of Trustees constituted from time to time in accordance with this Act. A Board may be constituted for a Rural Training School notwithstanding that, at the date of such constitution. the school has not been established.

Rural Training Schools Act of 1965, No. 45 683 . A Board shall be a body corporate under the name "The [name of the District] Rural Training School Board " and shall have perpetual succession and a common seal which shall be judicially noticed, and. subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent Jurisdiction all debts or sums of money due to it and of acquiring, holding and alienating (by exchange, sale, demise or otherwise) property or any interest therein and of doing and suffering all such acts and things as bodies corporate may, in law, do and suffer. (2) Until the Governor in Council otherwise prescribes, a Board shall consist of seven members as follows :- (i) the person for the time being holding (including the person holding temporarily) the appointment of principal of the Rural Training School concerned or, where such school is or is to be an annex to a State secondary school and there is no such principal, the appointment of principal of that State secondary school, who, in either case, shall be an ex-officio member; (ii) two nominees of the authority constituted for the State of an association representing persons engaged in the primary industry of the district in which the school concerned is or is to be situated, such nominees being residents of that district : Provided that where there are two or more primary industries of any such district such nominees shall be nominated by such authority or authorities of such an association or associations and in such manner as the Minister from time to time directs ; (iii) a nominee of the Local Authority of the Area in which the school concerned is or is to be situated or, where such Local Authority is the council of a city or town, a nominee of the Local Authority or Local Authorities of the shire or shires abutting on the Area in which the school concerned is or is to be situated; (iv) two nominees of the Minister; ( v) a nominee of the Director-General of Primary Industries. (3) Should a dispute arise as to which association representing persons within a district is, for the time being, entitled to nominate persons under paragraph (ii) of the last preceding subsection the decision of the Minister on the issue in dispute shall be final and conclusive until he decides otherwise. 5. (1) Appointment of members of Board . A member of a Board (other than an ex-officio member) shall be appointed by the Governor in Council, upon the recommendation of the Minister, by notification published in the Gazette. (2) First appointment to Board . The Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a Board is to be first constituted under this Act. The Board shall be constituted in the manner prescribed on or before the date so appointed for its first constitution. Upon the appointment of the- total number of members of the Board (other than an ex-officio member) in the manner prescribed the Board shall be duly constituted on and from the date notification of such appointment is published in the Gazette.

684 Rural Training Schoois Act of 1965, No. 45 (3) Term of appointment . A member of a Board (other than an ex-officio member) shall be appointed such a member for a term of four years but if, by the expiration of that term, his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member of a Board shall, if he is otherwise qualified, be eligible for re-appointment. An ex-officio member of a Board shall be a member for so long as he holds the appointment which entitles him to membership of the Board. (4) Removal of members . The Governor in Council may, at any time before a member of a Board (other than an ex-officio member) ceases to be such a member in accordance with this Act, remove such member from his membership by notification published in the Gazette. (5) Vacation of office of member of Board . A member of a Board shall be taken to have vacated his office as such member if- (a) he dies; (b) he declines to act or to act further as such member; (c) he resigns his office as such member in writing delivered to the Minister; (d) he is absent, without leave of the Board first had and obtained, from three consecutive ordinary meetings of the Board of which meetings a notice- (i) has been served personally upon him: or (ii) has been sent by prepaid post letter addressed to him at his place of business or place of residence last known to the chairman; (e) he ceases to be qualified to be a member of the Board; or (f) he is removed from office as such member by the Governor in Council. 6. Casual appointment to Board . (1) Upon the occurrence of a casual vacancy in the membership of a Board (other than such a vacancy in the office of an ex-officio member ) the Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a person is to be appointed to fill such casual vacancy. The appointment of a person to fill such a casual vacancy shall be made as prescribed on or before the date so appointed. (2) The person appointed to fill a casual vacancy in the membership of a Board (other than such a vacancy in the office of an ex-officio member ) shall be appointed for the balance of the term for which his predecessor was appointed, and shall, if otherwise qualified, be eligible for re-appointment. 7. Failure to nominate . If a person, body or association authorized by this Act to nominate a person or number of persons to be a member or members of a Board fails to nominate a sufficient number of such person- (a) in the case of a first constitution of a Board, at least fourteen days prior to the date appointed for such constitution of the Board concerned; (b) in the case of a subsequent constitution of the Board, at least fourteen days prior to the expiration of the period for which the members of the Board concerned, as then constituted, (other than an ex-officio member ) were appointed;

Rural Training Schools Act of 1965, No. 45 685 (c) in the case of the filling of a casual vacancy in the membership of a Board, at least fourteen days prior to the date appointed for the appointment of a person to fill such vacancy, the Minister may nominate a sufficient number of such persons who shall be deemed to have been nominated by the person, body or association who should have nominated him or them. Division II-Powers and Functions of Board 8. Powers of Board. A Board shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act or as the Governor in Council from time to time prescribes by Order in Council. 9. Functions of Board . (1) The functions of a Board shall be- (a) to assist the Minister in the establishment and maintenance of the school for which it is constituted; (b) subject to the Minister, to supervise, maintain and control the conduct of the school for which it is constituted; (c) to recommend to the Minister concerning the alteration of or addition to premises used for such school, the erection or purchase of buildings to be used for or in connection with such school and the sale of any of such buildings; (d) subject to the written consent of the Minister first had and obtained (save where it is otherwise prescribed), to erect, purchase, alter, add to or sell buildings used or to be used for or in connection with such school; (e) to effect general improvement to the premises used or to be used for or in connection with such school; (f) to provide in such school courses of instruction approved by the Minister; (g) subject to the approval of the Governor in Council first had and obtained, to make rules providing for- (i) fees to be paid by students enrolled at such school; (ii) the management and control of such school; (iii) the discipline and good conduct of students enrolled at such school ; (h) to cause or permit experimental work in primary industry to be carried out on the premises used or available for use for or in connection with such school by- (i) the Board or its employees; or (ii) other persons or bodies; (i) to perform in relation to such school such other functions as the Governor in Council from time to time prescribes by Order in Council. (2) Without limiting the activity of a Board in the performance of its functions under this Act, such activity shall include the provision of a hostel and the provision and maintenance of such livestock, plants, seeds , equipment and facilities as are reasonably required for agricultural instruction.

686 Rural Training Schools Act of 1965, h o. 45 Division III-Dealings with Land Vested in Board 10. Control of Crown land by Boards . Crown land granted in trust or reserved and set apart under " The Land Acts, 1962 to 1965." for the purposes of a Rural Training School may be vested in or, as the case may require, placed under the control of the Board constituted for the schoul concerned. Subject to this Act, land so vested in or placed under the control of a Board shall be held or disposed of under and subject to the provisions of " The Land Acts, 1962 to 1965." 11. Restriction on alienation , & c., of land . (1) A Boai-d shall not be competent to alienate, encumber or grant to any person any interest in land vested in it or placed under its control or of which it is lessee for the purposes of this Act except- (a) with the approval of the Governor in Council first had and obtained; or (b) by way of lease which complies with the provisions of this section. (2) A lease granted by a Board in respect of such land- (a) shall be for a term not exceeding twenty years; (b) shall not contain any covenant, agreement or option for a renewal thereof or for purchase of the land leased; and (c) shall be for the highest annual rent which can reasonably be obtained therefor without taking a fine, premium or other consideration for the grant thereof. Division IV-Proceedings and Business of Board 12. Secretary to Board . Every Board shall, as soon as practicable after its first constitution and thereafter whenever there is a vacancy in such position, appoint a secretary to the Board who shall, in each case, be a natural person and shall hold such appointment at the pleasure of the Board. A secretary to a Board shall be deemed an employee of such Board for the purposes of section thirteen of this Act. 13. Employees of Board . A Board may appoint and employ such employees (including teaching staff) either on a full-time or part-time basis as the Board considers necessary for the proper performance of its functions under this Act. Subject to any industrial award or industrial agreement relating to an employee of the Board or to the calling in which he is engaged, a Board shall pay to an employee such amount by way of salary, wages or allowances as the Minister approves and no other. 14. (1) Chairman of Board . The Governor in Council shall, in his appointment of members of a Board, designate one of the members to be chairman of such Board and such member shall be chairman of such Board until- (a) the total number of members of such Board (other than an ex-officio member) is again appointed as prescribed; or (b) he vacates his office as a member of such board, whichever event is the first to occur.

Rural Training Schools Act of 1965, No. 45 687 (2) The chairman shall be the executive member of the Board. (3) Deputy chairman of Board . At its first meeting after each appointment of the total number of its members and thereafter whenever a vacancy occurs in the office of deputy chairman, a Board shall appoint one of its members other than the chairman to be deputy chairman of such Board. (4) Casual appointment of chairman . Should the office of chairman become vacant the Governor in Council shall, by notification published in the Gazette, designate another member of the Board to be chairman. A person appointed to fill a vacancy in the office of a member of a Board who was chairman or deputy chairman shall not by reason of such appointment alone be chairman or, as the case may be, deputy chairman. (5) Presiding at Board meetings . The chairman shall preside at every meeting of the Board at which he is present and, in his absence, the deputy chairman, if he is present shall so preside. Should both the chairman and deputy chairman be absent from a meeting of the Board, duly called, the members of the Board present at that meeting, if they constitute a quorum, may appoint a chairman for the day who shall preside at that meeting. 15. (1) Quorum of Board . The quorum of a Board shall consist of a majority of the total number of members for the time being holding office. (2) Meetings of Board . A Board shall meet at such times and places as it determines. Notice of every meeting or adjourned meeting, other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held, shall be in writing and shall be given to every member of the Board at least seven days prior to the date appointed for such meeting : Provided that in circumstances which, in the opinion of the chairman or of two members of the Board, constitute an emergency such chairman or, as the case may be, two members may call a meeting of the Board and the same may be held without notice having been given as prescribed by this subsection. A notice of a meeting or an adjourned meeting may be given to a member by prepaid post addressed to his place of business or place of residence last known to the chairman. (3) Adjournment of meetings of Board . The members of a Board present at a meeting may, from time to time, adjourn the meeting. If a quorum of members is not present at a meeting within fifteen minutes after the time appointed for the meeting to commence the member or members present or the majority of them if more than two are present or the secretary to the Board if no member is present or if the members present are equally divided on the issue, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that no provision of this paragraph shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held.

688 Rura l Training Schools Act of 1965, No. 45 16. Conduct of Board ' s affairs . A Board shall- exercise or perform a power, authority, function or duty by majority vote of its members present and voting at the meeting at which such exercise or performance is to occur. A member of a Board who, being present at a meeting and entitled to vote, abstains from voting shall be deemed to have voted in the negative. The chairman shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 17. (1) Custody of seal . The common seal of a Board shall be in the custody of the secretary to the Board or , if there be no secretary, of the chairman, who shall keep it securely locked. The common seal of a Board shall not be affixed to a document except in pursuance of a resolution of the Board and shall be affixed by the person who has custody of such seal in accordance with this Act and who, if he is the secretary to the Board , shall affix it in the presence of the chairman. (2) Authentication of documents . Except where it is by this Act otherwise prescribed, a document made or issued by a Board for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or by the secretary to the Board at his direction. 18. Validity of proceedings . An act or proceedi ng of a Board shall not be invalidated or in any way prejudiced by reason only of the fact that, at the time such act was done or proceeding taken there were vacancies in the membership of such Board not exceeding one-half of the total number of members for the time being required to constitute such Board or that all the members of such Board for the time being holding office were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more members of the Board who joined in doing such act or taking such proceeding or in authorizing such act or proceeding or of any combination of such facts. PART III-FINANCIAL PROVISIONS Division I-Accounts and Budget of Board 19. Funds of Board . (1) A Board shall keep separate and distinct, each in a separate bank account, the following funds:- (a) A trust fund; (b) A loan fund ; (c) A general fund; (d) Any other fund prescribed to be kept by a Board. (2) There shall be paid into the trust fund of a Board all moneys paid to the Board and to be applied by the Board to the use of any person or for any specified purpose within the purview of this Act. The Board shall apply the moneys from time to time standing to the credit of the trust fund to the uses or purposes for which it was paid to the Board. (3) There shall be paid into the loan fund of a Board all moneys paid to the Board by wa. of loan or subsidy for the purposes of this Act.

Rura l Training Schools Act of 1965 , No. 45 689 The Board shall apply the moneys from time to time standing to the credit of the loan fund to expenditure necessarily incurred in carrying out the works or purpose for which the loans were respectively authorized. (4) There shall be paid into the general fund of a Board all moneys appropriated by Parliament in each year out of the Consolidated Revenue of the State for the purpose and paid to the Board and all other moneys paid to the Board other than moneys referred to in subsections (2) or (3) of this section and other than moneys prescribed to be paid to any other prescribed fund kept by the Board. The Board shall pay from the moneys from time to time standing to the credit of the general fund liabilities reasonably incurred by it in or in connection with the conduct of the school for which it is constituted. 20. Books of account of Board . (1) A Board shall accurately keep such books of account and records of its receipts and expenditure as the Auditor-General from time to time requires. The secretary to a Board shall submit to each ordinary meeting of the Board a statement of account of the general fund of the Board for the period since the last preceding such meeting terminating on the last day of the month last preceding the month in which such ordinary meeting is held. (2) As soon as practicable after the close of each financial year a Board shall lodge with the Director-General a balance sheet of its affairs at the close of that year and a statement of account for that year in respect of each fund kept by the Board. (3) At least once in each year the Auditor-General or a person authorized by him in that behalf shall audit the accounts of a Board and, with respect to such audit and accounts, shall have all the powers and authorities conferred upon the Auditor-General by " The Audit Acts, 1874 to 1965." The Auditor-General shall report thereon and shall furnish a copy of such report to the Minister. 21. Budget of Board . (1) Before the fourteenth day of July in each year a Board shall lodge with the Director-General a budget in respect of its general fund wherein the Board shall estimate as accurately as possible- (a) the amount to be disbursed by the Board from that fund during the year ending on the thirtieth day of June next following and during the first two months of the next succeeding financial year in the proper exercise by the Board of its functions and powers under this Act and in carrying this Act into effect; (b) the amount to be received by the Board during the year ending on the thirtieth day of June next following from all sources other than amounts which are required, by this Act, to be paid into the trust fund or the loan fund or any other prescribed fund (other than the general fund) of the Board. (2) Until the Governor in Council, by Order in Council, otherwise prescribes- (a) the form of budget of a Board shall consist of two parts, namely- (i) administration of the school; and (ii) annual charges in respect of interest on and redemption of loans;

690 Rural Training Schools Act of 1965, No. 45 (b) the estimated receipts and disbursements of a Board shall, so far as is practicable, be- (i) grouped in relation to the respective functions of the Board; and (ii) itemised so as to particularize the source from which each item of receipt is expected to arise or, as the case may be, the purpose for which each item of disbursement is expected to be incurred; (c) an estimated receipt and an estimated disbursement which are in respect of the same purpose shall, as nearly as is practicable, be set out opposite to each other in the budget. (3) A budget of a Board shall be of no force or effect until it is approved by the Governor in Council. (4) The Director-General shall cause the budget of a Board to be revised and where it appears to the Director-General that any amount therein has been over-estimated or under-estimated or that any item or disbursement included therein should not be included or that any amount or item that should be included therein has been omitted, he shall amend the budget in such way as he thinks reasonable, and shall recommend the budget (as amended should the case require it) to the Minister for the approval of the Governor in Council. When the Governor in Council has approved of a budget of a Board such budget as approved, whether or not it has been amended pursuant to this subsection, shall be binding upon the Board. (5) If the general fund of a Board contains a surplus or shows a deficit at the end of a financial year the Board shall take such surplus or deficit into account in the preparation of its budget for the next succeeding financial year, a surplus to be shown as a receipt of revenue by the Board for that succeeding financial year and a deficit to be shown as a disbursement for that succeeding financial year. 22. Observance of budget . (1) Subject to the provisions of this section, a Board shall confine its disbursements from its general fund throughout a financial year within the items and the amounts contained in its budget for that financial year as approved by the Governor in Council. (2) If, during any financial year, it appears to the Board that an extraordinary circumstance has arisen which requires that the Board make a disbursement from its general fund in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year, the Board shall, before making such disbursement or excess disbursement- (a) by resolution approve that such disbursement or excess disbursement be made ; and (b) obtain approval as prescribed to the making of such disbursement or excess disbursement. (3) (a) The Board shall seel. the approva; referred to in subparagraph (b) of the last preceding subsection by application in writing to the Director-Genera; and shall supply to the Director-General such information as he or the Minister requires.

Rural Training Schools Act of 1965, No. 45 691 (b) Each disbursement or excess disbursement the subject of such application may be approved by the Minister if the making thereof would not result in the Board's exceeding the total amount of the items of disbursement included in its budget (as approved) for the financial year in question but, otherwise, by the Governor in Council. (4) If. in any financial year, a Board makes from its general fund a disbursement which was not provided for in the budget (as approved) of that Board for that financial year or a disbursement which exceeds the amount estimated in respect of that disbursement in such budget (as approved), all the members of the Board who voted for such disbursement or, as the case may be, excess disbursement, shall be jointly and severally liable to repay to the Board the amount of such disbursement or, as the case may be, the amount by which such disbursement exceeds the aforesaid estimated amount unless the Minister or, as the case may require, the Governor in Council has approved as prescribed of the making of such disbursement or excess disbursement. Such amount may be recovered- from such members or any of them as moneys due and owing to the Board by action at the suit of the Minister in any court of competent jurisdiction. Division 11-Borrowings by Board 23. Power to borrow . (1) Subject to this Act, a Board may, from time to time, borrow money- (a) from the Treasurer ; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in provisions (a) and (b) of this subsection. (2) Before entering into negotiations to borrow money by the sale of debentures a Board shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer with such information as he requires. (3) A Board shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto is first obtained. Such authority, if given, shall be given by way of Order in Council. The Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or by payments into a sinking fund and such other conditions as the Governor in Council thinks proper to impose. (4) A Board shall be a local body under and within the meaning of " The Local Bodies' Loans Guarantee Acts, 1923 to 1957," the provisions whereof shall, subject to such modifications as the Governor in Council prescribes (whether generally or in respect of a particular loan or advance) apply and extend accordingly. 24. Renoiution before borrowing. Before proceeding to borrow money a Board shall, at a special meeting called for the purpose, pass a resolution to borrow that money.

692 Rural Training Schools Act of 1965, No. 45 25. Application of loan moneys . All moneys borrowed by a Board shall be expended for the purpose for which the Board was authorized to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as the Treasurer directs. 26. Repayment of Treasury loans . (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasurer by the Board concerned on the first days of January and July respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all the moneys advanced from time to time by the Treasurer, together with the interest accrued thereon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment. (2) In the months of February and August respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to a Board to which a loan has been advanced by the Treasurer under this Act, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. If thereafter on the thirtieth day of April, or the thirty-first day of October respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by a Board under the authority of this Act, the Treasurer may, by notification published in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Board concerned to the amount stated in such notification. The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the affairs of the Board concerned as the Treasurer thinks proper, and judicial notice shall be taken of such orders and directions. Upon his appointment such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Board concerned, and shall be deemed to that extent and for that purpose to be a " public accountant " within the meaning of " The Audit Acts, 1874 to 1965." (3) A receiver may be appointed under this section either in respect of the income of a Board generally or in respect of specified income. 2 Debentures . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series at such times and places in or outside the State, and in such manner as the Board concerned thinks fit,

Rural Training Schools Act of 1965, No. 45 693 (b) shall, with interest thereon, be a charge upon the revenues of the Board concerned subject to any prior debentures issued according to law; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3) of section twenty-three of this Act; (d) may, with the consent of the holder thereof, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time in respect thereof or, with the consent of the Governor in Council, at a premium, with interest thereon to the date of payment only. (2) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3) of section twenty-three of this Act. (3) (a) Every debenture issued under the authority of this Act- (i) shall be sealed with the seal of the Board concerned and signed by the chairman and, if there be a secretary to such Board, by such secretary and, when so sealed and signed, shall be taken to have been duly issued; (ii) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (iii) shall have set forth therein the places and times at which the principal and interest are payable. (b) A debenture issued under the authority of this Act may, at the option of the lender, have annexed thereto for every payment to grow due thereon (whether of principal or interest or principal and interest) a coupon and such debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council whereby the loan concerned was authorized, be transferable by delivery and payment to any person in possession of such debenture or coupon of the sum named therein shall discharge the Board concerned from all liability in respect of that debenture or coupon. When a debenture or coupon is not transferable by delivery that fact shall be expressly stated on the face thereof. (c) In the case of a debenture issued under the authority of this Act with coupons the holder of such a coupon, whether the same be separated from such debenture or not, shall be entitled to receive payment from the Board concerned of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (d) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of such debenture, the transferee for the time being, shall, subject to this paragraph, be entitled to receive payments from the Board concerned in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee with respect to whom the Board concerned has not been given notice as prescribed shall not be entitled to receive, and the Board concerned shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons except

694 Rural Training Schools Act of 1965, No. 45 under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Board concerned to the lender or a prior transferee. The entitlement of a transferee with respect to whom a Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Board was given such notice , was made by it to the lender or a prior transferee. In this paragraph the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board concerned. (e) A lender of money to a Board may agree to accept a standard form of debenture but shall not be bound so to do. 28. (1) Loan to be authorized investment . Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section four of " The Trustees and Executors Act of 1897 " (as amended by subsequent Acts) and such Act shall be read and construed accordingly. (2) Notice of trusts not to be received . A Board or an officer, servant or agent of a Board shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures issued under the authority of this Act and a Board or any such officer, servant or agent shall not be bound to see to the execution of any trust to which any such debentures may be subject. (3) Lender not bound to enquire as to validity of security . A person advancing money to a Board and receiving in consideration therefor any debentures duly issued shall not be bound to enquire whether the issue of such debentures was in fact duly authorized or into the application of the money so advanced or be in any way responsible for the non-application or misapplication thereof. 29. Brokerage . A Board may pay moneys by way of brokerage in relation to the making, procuring, negotiating, or obtaining the loan of any money which the Governor in Council has authorized the Board to borrow : Provided that no moneys shall be paid by a Board by way of brokerage in relation to the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit. Section fourteen of " The Money Lenders Acts, 1916 to 1962," shall not apply or extend to brokerage which a Board is authorized, by this section, to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Board subject to the terms and conditions, ,if any, imposed by the Treasurer. 30. Remedies of debenture holders . If a Board makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Board under the authority of this Act such holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have power to make all such orders for the

Rural Training Schools Act of 1965, No. 45 695 appointment of such a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court thinks proper. A receiver appointed pursuant to this section shall be deemed to be an officer of such court and shall act under its direction. 31. (1) Remuneration of receiver . A receiver appointed by the Treasurer pursuant to section twenty-six of this Act shall be entitled to such commission or remuneration for his services as the Treasurer orders. A receiver appointed by the Supreme Court pursuant to the last preceding section shall be entitled to such commission or remuneration as the court orders. The commission or remuneration of a receiver shall be payable out of the revenue of the Board in relation to which he was appointed. (2) Powers and duties of receiver . A receiver, whether appointed by the Treasurer or the Supreme Court, may collect all the revenue payable to the Board in relation to which he was appointed or, in the case of his appointment in respect of specified income, all of that income, and, for the purposes of this section, a receiver shall be deemed to be such Board and may exercise all the powers of such Board. A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration; (b) Secondly, if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed by the Board under the authority of this Act together with interest on such amount at such rate as is specified by the Treasurer and, if he was appointed by the Supreme Court upon the application of a holder of any debenture or coupon in payment, subject to any order of the court, to such holder or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the court thinks fit the amount due and payable to such holder or, as the case may be, holders; (c) Thirdly, in payment of the residue of such moneys to the Board. 32. Moneys recoverable as debt . If a Board makes default in making a payment referred to in section thirty of this Act, the person to whom such payment should have been made may recover the amount in respect of which such default has been made as a debt by action against the Board in any court of competent jurisdiction. 33. Regulations relating to loans. The power conferred on the Governor in Council by section thirty-nine of this Act to make regulations includes the power to make such regulations relating to the raising and repayment of loans under the authority of this Act and, without limiting the generality of the foregoing power- (a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons;

696 Rural Training Schools Act of 1965, No. 45 (b) prescribing matters relating to the raising of loans outside the State ; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees , sinking funds or other methods aforesaid. 34. Illegal borrowing . (1) A person who lends money to a Board otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Board in respect of that loan. (2) If a Board borrows any money which it is not lawfully authorized under this Act or some other Act to borrow , all the members of the Board who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members or, as the case may be , member by action at the suit of the Minister in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Board who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight pounds per centum per annum , and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same , shall pay the amount recovered into the fund concerned , but shall be entitled to full costs of suit , including costs as between solicitor and client. (4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of subsection ( 3) of section twenty-eight of this Act. 35. Advance by way of overdraft . A Board may obtain temporary financial accommodation by way of advance from any bank by way of overdraft on its general fund. A Board shall not, during any financial year , suffer the amount of its overdraft on its general fund to exceed- (a) the amount of revenue of such Board during the last preceding financial year which revenue could, under this Act, be paid to the credit of its general fund; or (b) an amount for the time being fixed in respect of that Board by the Governor in Council by Order in Council (the Governor in Council being empowered so to do), whichever amount is the less.

Rural Training Schools Act of 1965, No. 45 697 PART IV-GENERAL PROVISIONS 36. Inspection of schools . The Minister shall cause every school to be inspected at such intervals as he considers proper. 37. Returns to be furnished . The Minister may, from time to time, require a Board to furnish to him or to the Director-General returns and information touching the affairs of the Board and the administration of the school for which the Board is constituted and may fix a period within which such requisition shall be complied with. A Board to which a requisition is directed under this section shall furnish, in accordance therewith, full and accurate returns or information as required of it. 38. Disposal of assets upon discontinuance of school . (1) Upon the discontinuance of a school the Governor in Council may prescribe, by Order in Council, the manner in which property (other than Crown land granted in trust, or reserved and set apart for the purposes of such school under " The -Land Acts, 1962 to 1965 ") held by the Board constituted for such school shall be disposed of or held. Such property shall be disposed of in such manner or, as the case may be, held upon such trusts as the Governor in Council prescribes or, in so far as he has not prescribed, as the Minister directs. For the purposes of this section, the Governor in Council or the Minister may, in respect of such property held upon trust, prescribe or, as the case may be, direct such variations in the person of the trustee, the beneficiary under or purpose of the trust or otherwise as he considers just. All persons shall give effect to a direction of the Minister under this section. (2) The provisions of this section shall not be construed or applied so as to override any instrument creating the trust upon which such property was held which provides for the variation of such trust upon the discontinuance of the school in question. 39. (1) Regulations . The Governor in Council may, from time to time, make regulations not inconsistent with this Act, providing for all or any purposes whether general or to meet particular cases which may be convenient for the administration of this Act or which may be necessary or convenient to carry this Act into effect or to enable a Board to conduct its affairs under this Act. A regulation may impose a penalty not exceeding fifty pounds for a contravention or failure to comply with such regulation or any other regulation. Regulations may be made under this Act at any time after the passing hereof. (2) Publication of Orders in Council , &c. Every Order in Council or regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

698 Rural Training Schools Act of 1965, No. 45 (c) take effect from the date of such publication unless a later date is specified in that or any other Order in Council or regulation, when in such event it shall take effect from that later date; (d) be laid before the Legislative Assembly within fourteen days after such publication if the Legislative Assembly is then in session and , if not, within fourteen days after the commencement of the next session. (3) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any Order in Council or regulation has been laid before it disallowing such Order in Council or regulation or part thereof, that Order in Council or regulation or part shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council or, as the case may be, regulation.