Sugar Experiment Stations Act and Another Act Amendment Act 1981 (Qld)

28 QualtshT1TZ' ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 7 of 1981 An Act to amend the Sugar Experiment Stations Act 1900- 1976 and the Liens on Crops of SugarCane Act1931-1975 each in certain particulars [ASSENTED TO 30TH MARCH, 1981]

Sugar Experiment Stations Act., Etc., Amendment Act 1981, No. 7 29 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. Short title . This Act may be cited as the Sugar Experiment Stations Act and Another Act Amendment Act 1981. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENT OF SUGAR EXPERIMENT STATIONS ACT 1900-1976; PART Ill-AMENDMENTS OF LIENS ON CROPS OF SUGAR CANE ACT 1931-1975. PART II-AMENDMENT OF SUGAR EXPERIMENT STATIONS ACT 1900-1976 3. Citation . "(I) In this Part the Sugar Experiment Stations Act 1900-1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Sugar Experiment Stations Act 1900-1981. 4. Amendment of s. 30. Section 30 of the Principal Act is amended in subsection (4) by inserting at the end thereof the following paragraphs:- " Each member of a Cane Pest and Disease Control Board shall be paid from the funds of that Board such fees and allowances as are approved by the Governor in Council. Notwithstanding the foregoing provisions of this section a member of a Board who is an officer of the Public Service of Queensland shall not be paid- (a) any fees or allowances on account of his attendance at a meeting of a Board; or (b) any salary on account of his acting as executive member of a Board, during his ordinary hours of duty but he shall be entitled to expenses necessarily incurred by him in so attending or acting and approved by the Board.". PART 111-AMENDMENTS OF LIENS ON CROPS OF SUGAR CANE ACT 1931-1975 5. Citation . (1) In this Part the Liens on Crops of Sugar Cane Act1931-1975 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Liens on Crops of Sugar Cane Act1931-1981.

30 Sugar Experiment Stations Act, Etc., Amendment Act 1981, No. 7 6. Repeal of and new s. 10. The Principal Act is amended by repealing section 10 and substituting the following section:- " 10. Restriction as to continuance of lien. (I) A lien may be given over a crop being grown for harvesting and over a succeeding crop or succeeding crops to be grown and harvested thereafter but no lien shall continue in force for a period longer than that period specified in the instrument of lien as being the period for which the lien is to continue in force unless such lien is renewed or further renewed as hereinafter provided. (2) Where an instrument of lien given over a crop being grown for harvesting or over a succeeding crop or succeeding crops fails to specify a period during which the lien shall continue in force such lien shall not continue in force for a longer period than one year from the date thereof unless it is renewed or further renewed as hereinafter provided.". 7. Amendment of s. 11. Section I I of the Principal Act is amended by omitting the words " one year from the date of such lien unless such lien shall be renewed or further renewed as hereinafter provided " and substituting the words " that period specified in the instrument of lien as being the period for which the lien is to continue in force unless renewed as hereinafter provided ". 8. Repeal of and new s. 14. The Principal Act is amended by repealing section 14 and substituting the following section:- " 14. Provision as to renewal of liens. In order to renew or further renew any lien which under this Act may be renewed a lienee shall, on or before the day on which the lien would otherwise expire, file in the proper office a statutory declaration stating- (a) the amount secured under the lien that is unpaid; (b) where such is the case, that the crop or crops over which the lien was given have not been fully harvested, or, in the case of a lien given under section 11, that the proceeds of such crop or crops have been insufficient to satisfy the amount secured to the lienee by such lien; and (c) the period for which he desires to renew such lien, and such statutory declaration shall be registered and the renewal of such lien shall be duly noted by the Commissioner or Assistant Commissioner or, where the proper office is the office of a clerk of the Court, the clerk of the Court in the register and upon such lien whereupon, subject to section 12, such lien shall continue and be in force over such crop or the proceeds of such crop for the period stated in such statutory declaration but not exceeding- (d) in any case where there is exhibited to such statutory declaration an agreement in writing between the lienor and the lienee executed by both of them wherein it is agreed that the lien may be renewed or further renewed for a period specified therein exceeding one year from the date of filing of the statutory declaration referred to in this section, that period; or

Sugar Experiment Stations Act, Etc., Amendment Act 1981, No. 7 31 (e) in any other case, one year from the date of filing such statutory declaration, and shall be entitled to the same priority over all other liens as it had prior to such renewal.".