South Johnstone, Gin Gin, North Eton, and Mount Bauple Sugar Works Act of 1927 (18 Geo v No. 26) (Qld)

SUGAR. 18 GEO. V. No. 26,1927. South J.hnstone, Etc., Sugar Works Act. 12087 SUGAR. An Acmt etontAuanthdorCisoentthroel TorfatnhseferSoouftt h heJoM h annstaognee- 1 T 8 N m 0 o !l 8 . S 0 2 O . 6 U V . T . H Sugar Works, the Gin Gin Sugar Works, t~ e J8= ~ ~~ ' North Eton Sugar Works, and the Mount ET! ~ B~ "Bauple Sugar Works, from the Corporation : : of the Treasurer to an Association in respect wo=ABAO'l' of the Sugar Works concerned; to extend OF 1927. such authority in respect of other Sugar Works; and for other consequential purposes. [ASSENTED TO 7TH JANUARY, 1~ 28. ] W HEREAS under and pursuant to the provisions Preamble of *"The Sugar Works Act of 1911" the South Johnstone Sugar Works Area was duly created and the South Johnstone Sugar Works were constructed and became and still are vested in the Corporation as defined by the said Act, and such sugar works since construction and the business thereof have been maintained, worked, managed, and controlled by such Corporation: And whereas provision is by the said Act made for the ultimate transfer to a company of all the right, title, and interest of such Corporation in such sugar works: And whereas at a poll taken of the cane-suppliers to such sugar works not less than seventy per centum of the persons entitled to vote at such poll affirmed the desirableness of the transfer of the control of such sugar works by such Corporation to an association formed and registered under t" The Primary Producers' Oo-operative Associations Acts, 1923 to 1926 " : And whereas the cane suppliers of such sugar works have, under t" The Primary Producers' Oo-operative Associations Acts, 1923 to 1926," formed and registered an association named the South Johnstone Co-operative Sugar Milling Association Limited: And whereas it is expedient that the management and control of the business of such sugar works should be transferred by such Corporation to such association, * 2 Geo v. No. 8, 8upra, page 5211. t 14 Geo. V. No. 45 and 17 Geo. V. No. 4, supra, pages 10776 and, 11652.

SUGAR. South. Joh.nstone, Etc., Sugar Works Act. 18 GEO. V. No. 26, subject to such conditions, covenants, stipulations, and reservations as are hereinafter prescribed, contained, or referred to, and that such Corporation should be empowered to so transfer such management and control, notwithstanding any of the provisions of *', The Sugar Works Acts, 1911 to 1926": And whereas a loan was granted to the North Eton Central Sugar Company Limited for the purpose of the construction and erection of the North Eton Sugar Mill, and under and by virtue whereof the North Eton Sugar Works were constructed, and as a result of default the Treasurer entered into possession of such sugar works: And whereas under and pursuant to the provisions of t"The S'ugar Works Guarantee Acts, 1893 to 1908," the Gin Gin Sugar Works, and the Mount Bauple Sugar vVorks, and each of them, were constructed, and as a result of default the- Corporation as defined by the said lastmentioned Acts entered into possession of such sugar works: And whereas the cane-suppliers of such sugar works have, under t"The Primary Producers' Co-operative Associations Acts, 1923 to 1926," formed and registered associations, named (in respect of the Gin Gin Sugar Works) the Gin Gin Co-operative Sugar Milling Associa- tion Limited, (in respect of the North Eton Sugar Works) the North Eton Co-operative Sugar Milling Association Limited, and (in respect of the Mount Bauple Sugar Works) the Mount Bauple Co-operative Sugar Milling Association Limited, respectively: And whereas it is expedient that the management and control of the business of each of such sugar works should be transferred by such Corporation to such associ- ations formed in respect of such sugar works as herein set forth subject to such conditions, covenants, stipu- lations, and reservations as are hereinafter prescribed, contained, or referred to,. and that such Corporation should be empowered to so transfer such management and control, notwithstanding any of the provisions of t" The Sugar Works Guarantee Acts, 1893 to 1908 " : *2 Geo. v. No. 8,7 Geo. V. No. 21, 13 Geo. v. No. 30, and 17 Geo. v. No. 14, supra, pages 5211, 7662, 10201, and 1172i. t 57 Vic. No. 18, 59 Vic. No. 14, and 8 Edw. VII. No. 10, supra, pages 3417, 3422, and 3423. t 14 Geo. V. No. 45 and 17 Geo. V. No. 4, .supra, pages 10776 and 11652.

SUGAR. 12089 1927. Smtth Johnstone, Etc., Sugar Works Act. Be it therefore 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 : - }. This Act may be cited as "The South J ohnstone, Short title. Gin Gin, North Eton, and jYlount BaupZe Sugar Works Act at 1927." J o I lll2s.to ( n 1 e . )STughiasr AWcotrkssh,ab ll e , d.ienemreesdpetoct hoafve tchoeme S~ m ut to h ~ e~ ~ ~ nA~ t. force and taken effect on the first day of May, one thousand nine hundred and twenty-seven, which date is referred to, in respect of the provisions of this Act relating· to such sugar works, as the commencement of this Act. From and after the commencement of this Act the provisions of section fourteen of *"The Sugar Works Act ot 1911" shall, in re3pect of such sugar works and so " long as such sugar works are under the management and control of the association formed in respect of such sugar works, cease to have effect. (2.) This Act shall, in respect of the Gin Gin, North Eton, and Mount Bauple Sugar Works, be deemed to have come into force and taken effect on the first day of May, one thousand nine hundred and twenty-seven, which date is referred to, in respect of the provisions of this Act relating to such sugar works, as the commence- ment of this Act. 3. In this Act, unless the context otherwise requires, I~terpreta. the follmving terms have the meanings set against them tlOll. respectively, that is to say : - " A ssoC . la t I ' on"-- Tehpr' Imary producer's co-opera- Association. tive association registered under t"ThePrimary Producers' Co-operative Associations Acts, 1923 to 1926" in connection with the South John- stone, Gin Gin, North Eton, and Mount Bauple Sugar Works, and each of them; " Corporation"-The Corporation of the Treasurer Corporation. of Queensland created by t"The Sugar Works Guarantee Acts Amendment Act of 1908" ; * 2 Geo. V. No. 8, supra, page 5211. t 14 Geo. V. No. 45 and 17 Geo. V. No. 4, supra, pages 10776 and 11652. :j: 8 Edw. VII. No. ·10, supra, page 3423.

]2090 SUGAR. South J ohnstone, Etc., Sugar 1V arks Act. 18 GEO. V. No. 26, Sugar works. "Sugar works," when used in reference to the South J ohnstone, Gin Gin, North Eton, and Mount Bauple Sugar Works, and each of them-The sugar mill, together with all machinery, chattels, and appurtenances used therein or in connection therewith, and all tramways and railways leading thereto, and the mill site, and all land used in connection with any such tramway or railway. Provisions 4. The following provisions shall apply in respect of rtheleatSinoguttho the South J ohnstone Sugar Works ; - Johnstone Sugar Works. k Association (a) An association may be formed and registered for to e formed the South J ohnstone Sugar Works, the management and ~ ~ gistered. control of the business whereof is to be transferred under this Act. Transfer of (b) When the Governor in Council is satisfied that amonfatdhnceaognemtroen1t hanerea. mssboecfioarteionprOhVals' debde, enhefomrmayeddl'arnecdt daunldy ermegpiostwereerdt haes ~ :iness of Corporation to transfer and the Corporation shall transfer w~ r~ ~ ar to the association the management and control of the business of such sugar works. Thereupon the management and control of such sugar works shall be divested from the Corporation and shall vest in the association, and by virtue of this Act all the liabilities and obligations of the Corporation in respect of or any wise in relation to the management and control of such sugar works shall be borne and discharged by the association; Provided that until such transfer has been completed the Corporation shall have full power under this Act to continue to manage and carry on such sugar works and the business thereof; Provided further that the Corporation shall not be liable for any act or damage subsequent to or as a result of the transfer of the management and cont.rol of such sugar works; Validation and retrospec. tivity. Provided further that any such transfer of the management and control of such sugar works from the Corporation to such an association made before the passing of this Act is hereby approved, ratified, and confirmed, and such transfer shall be as valid and effectual

SUGAR. 12091 1927. Smtth J ohnstone, Etc., Sugar Works Act. in all respects as if made after the passing of this Act, and to that extent the Act shall have retrospective operation. (c) The liability to the Treasurer to be taken over Liability by the association in respect of such sugar works shall ~ ~ : ~ ; ken be the amount of the indebtedness outstanding on the association. first day of July, one thousand nine hundred and twenty- seven. (d) The amount of such liability, with interest, shall Payment be liquidated by the payment by the association to the thereof. Treasurer, on the thirty-first day of December in every year, of the sum of forty-one thousand seven hundred and three pounds three shillings and twopence, and such sums shall continue to be payable until the said liability, with interest accruing thereon, has been extinguished. (e) Notwithstanding anything in this Act contained, Acceleration the Treasurer may from time to time permit the associa- of payments. tion to payoff the whole or any portion of such liability at any time before it is due; and the association may apply any surplus profits for this purpose. (f) The system of cane credits established by virtue Cane credits. of the provisions of *"The Sugar Works Act of 1911" shall be and continue in force, and all rights appertaining to any person in respect of such cane credits existing at the time of the commencement of the management and control by the association of the said sugar works shall be preserved. All payments by the association to the Treasurer in satisfaction of the liability as hereinbefore set forth shall entitle such association to cane credit in respect of such payments; such cane credit in respect of such association shall be distributed among the suppliers of cane to the association, and for the purposes of this section, in estimating the cane credit (if any such person, the supply of cane by such person to' the association during the period of its management and control shall be treated in all respects as if it were a supply by such person to the Corporation in accordance with th€' provisions of *" TheSugar Works Act of 1911." (g) The association shall, during the period of the Cane of management and control by it of the sugar works, ~ ~~ ~ ~iment _ ~ _ _ ~ _ _ _----.,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Station. . * 2 Geo. V. No. 8, supra, page 5211.

12092 SUGAR. South Johnstone, Etc., Sugar Warks Act. 18 GEO. V. No. 26, purchase and take delivery of any crop or crops of cane grown upon the reserve for the South Johnstone Sugar Experiment Station, being described as portion 61 of R/528, parish of Mourilyan, county of Nare3, in each year at such time or times as ihe Department of Agri- culture or the Director of Sugar Experiment Stations may determine. Such association shall provide such Sugar Experiment Station, free of charge, with all necessary portable tramline and transport to the said sugar works, and take such action on its part to enable such cane to be properly harvested and delivered without unnecessary delay. Determina- (h) Upon payment by the association to the tpioowneoraf of Treasurer of the liability under this Act, all the powers, associatio n. rights, and authorities of the association in respect of such sugar works conferred by this Act shall cease and determine, and the Corporation may retake possession and transfer same to a company in accordance with the provisions of *"The Sugar Works Act of 1911," or otherwise deal with same in the manner provided by such last-mentioned Act. Savings. (i) During the period of the management and control of the sugar works by such association, the provisions of t"The Sugar Works Acts, 1911 to 1926," shall, subject to this Act, be and continue in force; and all the rights, powers, privileges, authorities, duties, and responsibilities vested in or imposed on the Corporation by virtue of such Acts shall, subject to this Act, be and continue to be in full force and effect. Provisions 5. The following provisions shall apply in respect ~ ~ la~r: g~ . of the associations-namely, the Gin Gin Co-operative N: rt~ ~ ~ ~ : Sugar Milling Association Limited, the North Eton ~ nd lV/ount Co-operative Sugar Milling Association Limited, and the s: ; ~ e Mount Bauple Co-operative Sugar Milling Association Works. Limited-and to each of them, that is to say:- Transfer of (a) The Corporation, when directed and empowered managemenu by the Governor in Council so to do, shall transfer to aonf dsucgoanrkol eac • h 0 f t·he sal' d assoCl.a t · ' lOns t·he n.ght t 0 manage an. d works. control the sugar works in respect of which each such association was formed: Provided that the Corporation * 2 Geo. V. No. 8, supra, page 5211. t 2Goo. V. No. 8, 7 Goo. V. No. 21, 13 Geo. V. No. 30, and 17 Geo V. No 14, supra, pages 521I, 7662, 10201, and 11726.

SUGAR. 1927. South JQhnstone, Etc., Sugar Works Act. shall not be liable for any act or damage subsequent to or as a result of the transfer of the management and control of such sugar works: Provided further that any such transfer -of the Validation management and control of each such sugar works from a~ d 08 eo. the Corporation to each such association made before ~ vftl the passing of this Act is hereby approved, ratified, and confirmed, and each such transfer shall be as valid and effectual in all respects as if made after the passing of this Act, and to that extent the Act shall have retrospective operation. (b) On such transfer, each such association shall take Liability to over and assume a liability in respect of the sugar works~ ! e~ ~ concerned- associations . and (i.) In respect of the Gin Gin Co-operative Sugar payment Milling Association Limited, the liIum of thirty thereof. thousand pounds, which said sum shall be deemed to be a loan by the Treasurer to the said association from the first day of July, one thousand nine hundred and twenty-eight, and shall bear interest at the rate of five pounds per centum per annum. Such liability ~ with interest as aforesaid, shall be liquidated by the payment by the said association to the Treasurer, on the thirty-first day of December in every year, of the sum of two thousand eight hundred and ninety pound'3 six shil- lings and threepence, and such sums shall continue to be payable until the said liability with interest accruing thereon has been extinguished. (ii.) In respect of the North Eton Co-operative Sugar Milling Association Limited, the sum of sixty thousand pounds, which said sum shall be deenied to be a loan by the Treasurer to the said association from the first day of July, one thousand nine hundred and t"lienty- eight, and shall bear interest at the rate of five. pounds per centuni per annum. Such liability, with intereSt as aforesaid, shall be liquidated by the payment by. the said association to' the Treasurer, on the tmi'ty- first day of December ID every year,6f the sum of five thousand seven hundred aoo

SUGAR. South Johnstone, Etc., Sugar Works Act. 18 GEO. V. No. 26, eighty pounds twelve shillings and sixpence; and such sums shall continue to be payable until the said liability, with interest accruing thereon, has been extinguished. (iii.) In respect of the Mount Bauple Co-operative Sugar Milling Association Limited, the sum of twenty thousand pounds, which said sum shall be deemed to be a loan by the Treasurer to the said association from the first day of July, one thousand nine hundred and twenty- eight, and shall bear interest at the rate of five pounds per centum per annum. Such liability, with interest as aforesaid, shall be liquidated by the payment by the said association to the Treasurer, on the thirty- first day of December in every year, of the sum of one thousand nine hundred and twenty-six pounds seventeen shillings and sixpence; and such sums shall continue to be payable until the said liability, with interest thereon, has been extinguished. Acceleration (C) Notwithstanding anything in this Act contained, of payments. the Treasurer may from time to time permit all or each of the associations mentioned in this section to payoff the whole or any portion of the liability of each of such associations at any time before it is due, and the association concerned may apply any surplus profits for this purpose. Transfer by (d) When the whole of the liability to the Treasurer, ~ rporation with interest thereon, of each association referred to in association this section shall have been liquidated, as prescribed by concerned. this Act, it shall be lawful for the Corporation to transfer and the Corporation shall transfer to the association concerned all the right, title, and interest of the Cor- poration in the sugar works in respect of which such association was formed. Upon the execution of such transfer, the .sugar works concerned shall be divested from the Corporation and shall vest in the association concerned, and by virtue of this Act all the liabilities and obligations of the Corporation in respect of or otherwise in relation to the sugar works concerned shall be borne and discharged by the association in respect of which sugar works such association was formed.

St;CL\R 12095 1927. Smtth Johnstone, Etc., Sugar Works Act. -----_._._------- 6. The following provisions shall apply to the Pro.visions associations referred to in this Act-namely, the South ~ ~ ~ ~ ! of J ohnstone Co-operative Sugar Milling Association Limited, indebtedness the Gin Gin Co-operative Sugar Milling' Association ~ociations Limited, the North Eton Co-operative Sugar Milling to TreMurer. Association Limited, and the Mount Bauple Co-operative Sugar Milling Association Limited, and to each of them respectively, that is to say:- (1.) During the period of the indebtedness of the Association aSSOC.lat'IOn t 0 th- e Treasurer- - n di o s t PQ to s~. - of', , (i.) The association shall not sell or disp?se of : ' ~ ~ ~ ut any of the assets of the sugar works wIthout consent. the express consent in writing of the Corpora- tion in that behalf first had and obtained, and every agreement, contract, instrument, or writing made or entered into contrary to this provision sh all be void and of no effect whatsoever; (ii.) The association shall observe and carry on Association olitg h hetrincgon ~ t n ra d ctcsawrr h y 1 i · n 0 h g a c( t ' ~ t ~ u t e rac t t I . s m- ( ei - f 0 f antyr) a-nas f nedr cetooXn . lst u rt ~ Rm d c e g r ts t . .. ke were being carried on by the Corporation: Provided that the charges in respect of any of such contracts shall not be varied without the written consent of the Treasurer; (iii.) The association shall insure and keep insured Insurance. with the State Government Insurance Office, in the name and for the benefit of the Treasurer, such, of its assets and in such amount as the Treasurer may direct; The Treasurer, in the event of the failure of the association to comply with his direc- tion, may effect such insurance and from time to timE; recover the premium thereon from the association; (iv.) The association shall at all times exercise Duty as to due care of the assets of the sugar works, maintenance. and shall maintain the sugar works iuan efficient manner and to the satisfaction of the Treasurer; (v.) _Any officer or officers authorised in that behalf Inspection, by the Treasurer shall at all reasonable times &0. be permitted to enter the sugar work$ for inspection purposes, and shall be givenaccess R

1'2096 SUGAR. South Johnstone, Etc., Sug'ar Works Act. 18 GEO. V. No. 26, Duty to give information. Audit'il,lfd B~ t> Utl. t$ . Spec:ai audit. Accounts. Provision fot depreciation.. to the books of the association, and generally afforded every facility for inspecting the assets; (vi.) The association shall, when required by the Treasurer, furnish the Treasurer with suoh information respecting costs and particulars of manufacture or with such other information in relation to the sugar works as the Treasurer . may require; (vii.) The Treasurer may from time to time appoint some person or persons holding a certificate of competenJY or some officer or officers of the Department of the Auditor-General to be the auditor or auditors of the association, and the association shall pay such 'auditor or auditors such remuneration as the Auditor- General may determine; (viii.) The Treasurer may, at any time, appoint a Bpecial auditor or auditors to examine and report upon the accounts of the sugar works for any period fixed by the Treasurer. The cost and expenses of every such special audit, including the remuneration of the special auditor, shall be paid by the associa- tion; (ix.) The association shall keep such books of account and in such form as the Auditor- General :rp.ay prescribe; (:x.) The association shall in :each year make such provision for depreciation of the assets of the sugar works as the Auditor-General may prescribe. Further remedy on default. (2.) If any default wluttsoever is m'Lde by the association concerned in the payment of any moneys made payable under this Act or in the observance of any provision, covenant, condition, or stipulation herein contained, or contained in any mortgage or charge or other security in favour of the TreaBurer, it shall be lawful for the Treasurer to enter into and resume posS'ession of the sugar works and of all land mortgaged to or vested in him. Moreover, in the case of default by the South J()}msMne Co-operative Sugar Milling Association Limited, it $h~ll be lawful for the Treasurer, in addition 'tt> the powers ntherwise expressed and provided in

SUGAR. 1927. South Johnstone, Etc., St£gar Works Act. this subsection, to forthwith determine the management and control of the association and to retain possession .of such sugar works, and the Treasurer shall have all rights, powers, and authorities in regard thereto as if this Act had not been passed. The powers and authorities of the Treasurer in respect of the default of such association under this I;!ub- section may be exercised in the event of the c~ss~tion by such association of the operations of the said sugar works during the period of its indebtedness to the Treasurer. Moreover, in the case of default by the Gin Gin Co-operative Sugar Milling Association Limited, the North Eton Co-operative Sugar Milling Association Limited, and the Mount Bauple Co-operative Sugar Milling Association Limited, or each of them, it sh~ ll be lawful for the Treasurer, in addition to the powers otherwise expressed and provided in this subsection, to forthwith determine the management and control of the association concerned, and to retain possession of such sugar works concerned, and the Treasurer shall have all rights, powers, and alJthoritit;lS in regard to the sugar works concerned as if this Act had not been pB,&sad aud, moreover, may sell or realise on the assets comprising the SlJgar works concerned, as he thinks fit. The powers and authorities of th~ Treasurer iJ;l, respect of the default of such three last-mentiQll~ associations or each of them under thissubsectio.ll may be exercised in the event of the cessation by such associations or each of them of the operations ;of the sugar works concerned during the period of their or it,S indebtedness to the Treasurer, (3,) The provisions of this Act for securing to the Remedies Treasurer the payment to him of the liability ·Qif the ~ ~ ~~ : t~ ve associations, or each of them, under this Act, and all . other powers and authorities conferred on the Treasurer under or pursuant to this Act, shall be in addition to any other remedy which the Treasurer has against the association concerned as a creditor, and he may enforce any such remedy. 7. The Governor in Council may at any time and Exte. n~ ion of from time to time by Order in Council extend the whole f~ o~ ~ ~ ~ ns or any of the provisions of *"The Babinda Sugar WOrkS8ugar workljl. * 15 Geo. V. No. 29, supra, page 1I219.

12098' SUGAR. South Johnstone, Etc., Sugar Works Act. 18 GEO. V. No. 26, I9~ 7. Act of 1924" and/or of this Act, as the case may require, with or without such provisions by way of modification or addition as may be deemed necessary to meet the particular circumstances of the case, to any sugar works in respect of which sugar works a sum amounting to not less than one third part of the total amount of the capital cost of such sugar works has been repaid to the Treasurer, and concerning which such sugar works application is made, in such manner as may be pre- scribed, to the Governor in Council for the extension to such sugar works of such provisions. Thereupon on the making of such Order in Council all the powers, authorities, and jurisdiction, and any rights, duties, and obligations contained in such Order in Council shall have the force of law, and shall extend and apply in respect of such sugar works and to all persons, things, and matters concerned, and shall be observed to the same extent as if such sugar works were expressly mentioned in such Acts with or without such provisions by way of modification or addition as may have been so deemed necessary. The Governor in Council shall have power to make any regulations which may be consicered necessary to give full effect to the operation of this section. Every Order in Council and any regulations made under this section shall be published in the Gazette, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Every such Order in Council and all such regulations shall be laid before the Legislative Assembly within forty days after the same have been so published if the Legisla.tive Assembly is then in session, or, if not, then within forty days after the commencement of the next session of the Legislative Assembly. TIDAL LANDS AND TRIBUTARIES. See BRISBANE CITY. TOWNSVILLE PUBLIC LAND MORTGAGE. See PARKS AND PUBLIC LAND. WOODFORD PUBLIC LAND MORTGAGE. See PARKS AND PCBLIC LAND.