State Securities Registration Act of 1925 (16 Geo v No. 19) (Qld)

CROWN. 16 GEO. V. No. 19, 1925. State Securities Registration Act. 11291 . CROWN. An Act relating to the Registration of Instruments 16 N G o. eo1. 9V. . constituting Securities Executed in Favour THE STATE of the Crown. SECURITIES REGISTRA- [ASSENTED TO 5TH NOVEMBER, 1925.] T O IO F N 19 A 2 C 5 T . B E it enacted by the King's Most Excellent Majesty, . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1 (1. ) This Act maybe cited as "The State Short title, Securit,ies Registration Act o 'J f 1925 • " mcoemntm, ence- This Act shall come into operation on a date to be : ~ ;lication fixed by the Governor in Council ,by Proclamation of Act. published in the Gazette, which date is herein referred to as the commencement of this Act. (2.) This Act shall apply to all securities, as herein defined, executed in favour of the Crown as herein defined after the commencement of this Act. 2. In this Act, the expression "the Crown" means I~ terpreta­ and includes not only His Majesty the King but tlOn. also every Minister of the Crown and every officer The Crow . person body corporate board or other body acting for and on behalf of or as the agent of or as representing the Crown or His Majesty the King; and the term" Security ",eclUrit means and includes a mortgage encumbrance charge lien debenture debenture stock floating charge bill of sa 1 e covenant or other written instrument, whether under hand and seal or under hand only, executed after the commencement of this Act by any person in favour of the Crown and securing or purporting to secure to the Crown or giving or purporting to give to the Crown any right, remedy, or recourse in, over, or against any property whatsoever, whether real or personal, and constituting a security, whether principal or collateral, in respect of any debt or other obligation to the Crown. The term does not, however, include a mortgage charge or lien so far as it includes land, whether subject to *" The Real Property Acts, 1861 to 1877," or not, or so far as it includes any tenement or interest therein under and subject to the laws in force relating to the occupation or leasing of Crown lands or to mines or mining. * 25 Vic. No. 14 and amending Acts, supra, pages 2984 ep seq.

·11292 CROWN. State Securities Registration Act. 16 GEO. V. No. 19, Registra~ i? n 3. (l.) Notwithstanding the provisions of any other of secuntles. Act to the contrary, and notwithstanding the provisions of any other Act rendering it unnecessary to reglster any security, every security made and entered into by any person in favour of the Crown after the date of the passing of this Act shall be registered by the proper officer .of the Crown in th.e manner and in accordance with the provisions next hereinafter prescribed, that is to say,- The proper officer shall forthwith after the instru- ment of security comes into his possession cause to be made a true copy of the security and shall endorse upon the security a memorandum that the security is correct for purposes of its registration, and shall sign such memorandum and date the same on the date'on which he has signed the same. The proper officer shall file the copy of the said security, endorsed as aforesaid, in the Registry of the Supreme Court at Brisbane; whereupon the Registrar of the Supreme Court shall register the said security and make a record of the same. The said security shall thereupon be and become and until the same is discharged remain a registered security for all purposes. Any person shall on payment of the fee prescribed by Rules of Court with respect to searches in the Registry be entitled to inspect the said registered security and make a copy thereof or take extracts therefrom. Discharge of security. (2.) Upon the discharge of the said security the proper officer shall forthwith execute a certificate of the discharge thereof, and shall sign such certificate and date the same on the date on which he has signed the same, and shall file the said certificate in the Registry of the Supreme Court at Brisbane, whereupon the Registrar of the Supreme Court shall endorse upon the security the. fact of such discharge with the date upon which the said certificate was filed. Certain (3.) The provisions of *" The Bills oJ Sale Acts, 1891 : ! ~ e: o~ ~IY. to 1896," and of so much of the provisions of t" The MifTcantile Acts, 1867 to 1896," as relate to the regis- tration of mortgages and liens thereunder shall not apply to a security registered under this Act. * 55 Vie. No. 23 and 60 Vie. No. 11, supra, pages 2149 et 8eq. t 31 Vie. No. 36 and amending Acts, 8upra, pages 2133 et 8eq.

CROWN. 1925. State Securities Registration Act. (4.) For the purposes of the foregoing prQvisions the" Prop;r expression "the proper officer" shall mean and include officer. ' the Crown Solicitor and the officer or person designated by the .Minister of the Crown administering the Act pursuant to which any security is taken, or by the corporation, board, or body representing the Crown to whom such security is given, to be the proper officer for the filing and registration of securities under this Act and certificates relating thereto. (5.) The signature of the proper officer to any memo- Evidence. randum or certificate under this Act shall be judicially noticed, and the authority of such officer to sign the memorandum or certificate shall be, presumed until the contrary is shown. 4. Save as is in this Act provided, nothing in Other Acts this Act contained shall be construed to repeal or : ~ : ected. prejudicially affect the provisions of any Act, regulation, or rule or order made under or in pmsuance of any Act relating to the giving granting or executing of any security or the legal effect of such security when given granted or executed.