Sugar Works Act of 1922 (13 Geo v No. 30) (Qld)
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SUGAR. 13 GEO. V. No. 30, 1922. Sugar Works Act. ss. 1-3. 10201 SUGAR. Sugar Works Act of 1922 .. 13 Geo. V. No. 30 Regulation of Sugar Cane Prices Acts Amendment Act of 1922 .. 13 Geo. V. No. 10 An Act to Authorise the Construction, Establish- 13 Geo. V. ment, Maintenance, Management, and Control T: :o~ !~ AR of Sugar Works by the State , and for other WOORFK 1 S 922 A . CT purposes. o [ASSENTED TO 18TH C'l'OB ER, 1922.] I )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 same, as follows ;- 1. This Act may be cited as " The Sugar Works ActShort title. 0/ 1922." 2. (1.) *" The State Enterprises Act 0/ 1918" shall 9 Geo. V. not a.ppl.v, to an} v sugar works established under this tNoo.ap 2 p 0 lyn. ot Act or to the business thereof. (2.) Nothing in this Act shall restrict or abridge Saving of any prerogative, right, power, or privilege of the Crown.orown, &c. 3. In this Act. unless the context otherwise Interpreta- indicates, the following terms have the meanings set tion. against them respectively, that is to say ;- "Authorised "-Authorised by the Corporation; Authorised. " Corporation"-The Corporation of the TreasurerCorporation. of Queensland created by t"The Sugar Works Guarantee Acts Amendment Act of 1908" ; "Crown land "-Land vested in His Majesty Orown land. which is not for the time being dedicated to any public purpose, or subject to any deed of grant, lease, contract, provision, or engage- ment made by 01' on behalf of His Majesty; "Holding "-.-Land held from the Corporation in Holding. a sugar works area as a holding under any prescribed tenure; " Land "-Any estate or interest in land: the Land. term does not include vacant Crown land; * 9 Geo. V. No. 20, supra, page 8591. t 8 Edw. VII. No. 10, 8'upra, page 3.42IJ.
10202 s.3. SUGAR. Sugar Works Act. 13 GEO. V. No. 30" LQcal Authorities Act. Mill site. Occupier. Owner. Regulat,ions. Sugar Works. Sugar works area. Supplier. "Local Authorities Act"-*"The Local Authorities: Act of 1902" and any Act amending or in substitution for that Act; "Mill site"-The land on which is erected or is to be erected the mill buildings and machinery and the appurtenances thereof; " Occupier"-The person in actual occupation of any land; or if there is no person in actual occupation, the person entitled to possession thereof; "Owner"-The person other than His Majesty who for the time being is entitled to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive -bhe rent thereof: the term includes any lessee from the Crown holding under a longer tenure than a tenancy from year to year, and any superintendent, over- seer, or manager for such lessee residing on the land; "Regulations"-Regulations made under this Act; "Sugar works"-Any mill for the extraction' and manufacture of sugar and the by- products thereof, together with all machinery, chaUels, and appurtenances used therein or in connection therewith, and all tramways~ w-harves, structures, and works occupied or used by the Corporation for the purposes of this Act, and the mill site and all land used in connection with any such tramway, whaT!, structure, or works; "Sugar works area "-A sugar works area created by Order in Council under this Act; "Supplier"-Any person, firm, company, cor- poration, or association usually or ordinarily or for the time being growing sugar-cane for the purpose of the sale or supply thereof to a sugar-mill, or selling or supplying sugar- cane to a sugar-mill, and in every case for the purpose of the manufacture of sugar from such sugar-cane; * 2 EdW. VII. No. 19, supra, page 1860.
SUGAR. ss. 4, 5. 10203 1922. Sugar Works Act. " This Act"-This Act and anv Order in Council This Act. or regulat.ions made there~nder. 4. (1.) The Governor in Council may, by Order in Creation of . Council published in the Gazette, create a sugar works ! ~ ! : . r works area in any locality within Queensland with such boundaries and under such name as he thinks proper. Any such area may be in one block or may consist of two or more blocks. (2.) The Governor in Council may from time to time, by Order in Council, amend the boundaries of any sugar works area by the inclusion of land therein or the exclusion of land therefrom, or exclude from the opera- tion of this Act in whole or in part any parcel of land within any such area which may be required for any . public purpose of the State or of the Commonwealth of Australia. (3.) Every Order in Council under this section shall be read as one with this Act. (4.) Thereafter the provisions of this Act shall extend to all the lands within the said sugar works area and to the owners and occupiers thereof. 5. (1.) The Governor in Council may direct and Construction eWm. ItphoI' nwear stuhgear CWoOrIp' kosraatrieoan, a- tond ctohnesrteraufctter stu 0 gamr awnoagrkes, 0 abnufsdwinoceorsksns.traonld maintain, work, and control the same. (2.) The cost of the construction of such sugar works, together with any additions to capital cost which may thereafter be necessary, shall be defrayed out of moneys from time to time appropriated by Parliament for the purpose. (3.) All capital moneys representing the cost of construction as aforesaid, with all additions to capital cost as aforesaid, shall be deemed to be a loan from the Treasurer to the Corporation and shall bear interest at a rate to be determined by the Governor in Council, and shall be repayable to the Treasury within such period and on such terms as the Governor in Council may determine. (4.) All such works when constructed shall vest in the Corporation. s
10204 s.5. SUGAR. Sugar Works Act. 13 GEO. V. No. 30, The Corporatio'n shall have full power and authority- (a) To manage, maintain, work, and control the sugar works and the business thereof; and (b) To regulate the leasing and selling of all land within the sugar works area; and (c) To grow cane upon any land whatsoever for supply to the sugar works, and, subject to *" The Sugar Cultivation Act of 1913," to purchase cane from any person whomsoever. (5.) The Corporation may appoint and employ such officers, managers, valuers, engineers, workmen, and servants as are necessary for the purposes of this Act, and shall pay to them such salaries, wages, and allow- ances as are prescribed for the time being by any award~ order, or agreement under t" The Industrial Arbitration Act of 1916" or any Act amending or in substitution for that Act which would be applicable if the Corporation were a.n employer within the meaning of the last- mentioned Act, anything in any Act to the contrary notwithstanding. All such payments shall be charged to the account of the sugar works in or in respect of which such persons are employed. The provisions of t" The Public Service Acts, 1906 to 1920," or of any Act amending or in substitution for the same, shall not apply to any employees so appointed: Provided that nothing herein contained shall affect the rights accrued or accruing under the said Acts to any such employee whose services are transferred by appoint- ment under this section; and such employees may continue to contribute to any account, and shall be entitled to receive any payment, pension, or gratuity as if they were officers within the meaning of the said Acts. Pow~r to (6.) Under and subject to the provisions of §" The ~ i; ~ : ; : ~ Public Works Land Resumption Act of 1906" or any of Act. Act amending or in substitution for that Act, the Corporation may acquire, either by agreement or com- pulsorily, any land within a sugar works area (or if such land is required for the sugar works, outside a sugar works area), including land held under lease or license * 4 Geo. V. No. 4, 8upra, page 6039. t 7 Geo. V. No. 16, 8upra, page 7538. :j: Repealed. See now 13 Geo. V. No. 31, 8upra, page 10159. § 6 Edw. VII. No. 14, supra, page 8211. .
1922. SUGAR. Sugar Works Act. s. 5. 10205 from the Crown or land alienated from the Crown, or any easement over any land which may, in the opinion of the Corporation, be required for the sugar works or the business of the Corporati on under this Act, or for disposal as holdings or otherwise for the purposes of this Act, and any tramway, including any running rights over any tramway, and any wharf or other structure or work; and thereupon such land, tramway, wharf, struc- ture, work, and rights shall become and be vested in the Corporation and available for the purposes of this Act: Provided that, in estimating the compensation to be paid on the acquirement of land or any tramway, wharf, structure, work or rights by the Corporation, no allowance shall be made for any increase in the value of the same or any of them by reason of the construction or proposed construction of the sugar works or any matter arising out of the exercise of powers under this Act: Provided further that in the acquirement of any land for disposal as holdings the Corporation may upon the application in writing of the owner permit him to retain unresumed so much of his land as in the opinion of the Corporation is reasonably sufficient fOT the purpose of enabling him to carry on agricultural operations. For the purposes of the application of the last- mentioned Act the Corporation shall be deemed to be a constructing authority within the meaning of that Act, and the land, easement, tramway, wharf, structure, work, or rights in question shall be deemed to be land within the mea,ning of that Act. (7.) For the purpose of the carriage and delivery Tramways. to a sugar works of sugar-cane, the Corporation may construct, lay down, maintain, and work and remove from place to place any tramway upon any road or land of any tenure (including Crown land) within the sugar works area without acquiring any title to or easement or other interest in or over such land, and without any liability to make compensation to the owner or occupier of such land. But in the exercise of this power the Corporation shall do as little damage as may be to any growing crop. (8) The Corporation may use, on any tramway for Us.. of same. the time being vested in or under the control of the Corporation, any locomotives and rolling-stock drawn or propelled by animal, steam, or other motive power.
10206 ss. 6, 7. SUGAR. .8ugm· Works Act. 13 GEO. V. No. 30, The Corporation, with the approval of the Governor in Council signified by Order in Council, may carry for hire upon any such tramway passengers, goods, live stock, and material for the public. Such Order in Council shall prescribe such conditions and provisions as the Governor in Council thinks proper relating to- (a) The proper working, maintenance, and use of the tramway; (b) The regulation of the traffic thereon ; (c) The limitation of liability in respect of persons, goods, live stock, material or other thing whatsoever injured or damaged by reason of the working or use of the tramway; (d) The rates, tolls, fares, and charges, and the mode of recovery of the same; (e) Any other matters relating to the tramway. Power to 6. (1.) The Corporation may from time to time : : a: ~ ces on make advances to any persons on the security of the cane, &c. cane being grown or to be grown by them. Such advances shall be made in such manner and on such conditions as the Corporation may decide. Corporation - (2.) The Corporation shall have the right to deduct :~ ~ e~ ~ d~ ~ ! from any moneys due to any supplier in respect of cane for advances, supplied by him to the sugar works any :moneys due to : r~ ~ ! ~ ~ : of the Corporation by such person or any predecessor in title cane. for or in respect of any advance made to him, or any Buppbed. payment made on his behalf, or any rate due by him under this Act, or on any other account whatsoever. :::t Power to . 7. (1.) The Governor in Council may at any time, lands In by Order in Council, vest in fee-simple in the Corpora- Corporation. tion any Crown land to be used for the purposes of the business of the Corporation under this Act. The value of any land vested in the Corporation under tIlls section shall be fixed by the Governor in Council, and the amount thereof shall be debited against the capital cost of the sugar works concerned. Setting (2.) The Secretary for. Public Lands may- from time f~ aJ: . Crown to time, by notification in the Gazette, set apart for the purposes of this Act and place under the control of the Corporation any unalienated Crown lands, which in his opinion may be required for the purposes of this Act.
SUGAR. ss. 8, 9. 10207 1922. Sugar IV arks Act. Any notification under this subsection may with the consent of the Corporation be corrected, amended, modified, or revoked, whether as to the whole or any part thereof, by notification in the Gazette. (3.) Until any such lands so vested or set apart Interim use are used for the purposes of this Act or taken up as of lands. holdings, and also while any such lands for any reason are without an occupant, the Corporation may use them for depasturing stock, or may lease them for that purpose or for any other purpose for any term not exceeding seven years. 8. (1.) The Governor in Council shall, by Order in'l'ownship. Council published in the Gazette, reserve and set apart in every sugar works area a suitable area of land for the purposes of a township, and shall vest the same in the Corporation as trustee. (2.) Such township area, ~ tfter setting apart such portions as may be required for [my public purpose, shall be divided into allotments of suitable bize, and shall be open to be taken up as holdings in accordance with the regulations. (3.) The Corpomtion may, if it thinks fit, erect and provide such and so many accommodation-houses, lodging-houses, or other buildings for the use of inhabi- tants or travellers as it thinks fit, and furnish the same, and maintain and manage and fix charges for the use of the same, and may let or otherwise demise the same for such term as it thinks proper. (4.) Any sums which are paid by the Corporation in respect of compensation on the resumption of the feo- silnple of the township area, or any part thereof, shall be deemed to be part of the capital cost of the sugar works. 9. In respect of each sugar 'works, a separate and Sugar works distinct fund shall be created under this Act to be called funds. the" [naming sugar works] Fund." All moneys received by the Corporation under this Act shall be paid into the proper fund., All payments in respect of each sugar works, to- gether with such contributions to reserve fund or sinking fund, if any, as the Corporation from time to time directs, ·shall be payable out of the proper fund.
10208 ss. 10-12. SUGAR. ,Suga1' Works Act. 13 GEO. V. No. 30, All payments in respect of the administration of this Act shall be apportioned between and payable out of the divers funds created pursuant to this Act in such proportions as the Corporation from time to time directs. Payments out of such funds. 10. (1.) There shall be paid out of each such fund any expenditure of or in relation to the sugar works to which it relates,' including charges for management, maintenance, working expenses, and interest on capital, and reserve fund or sin~ ing fund, if any. Certain payments appro- priated. (2.) All payments- (a) For the purchase of land, structures, or other property or rights, or any expenditure thereon; (b) For the purchase of stock, goods, stock in trade, furniture, fixtures, fittings, machinery, implements, or plant deemed necessary by the Corporation for the conduct of its business, or any expenditure thereon ; (c) For expenses deemed necessary by the Cor- poration for the administration of this Act and the management of the sugar works; shall be payable out of the proper funds, respectively, under the authority of this Act without any further or other appropriation by Parliament. Reserve funds. 11. The Corporation may, out of the net profits of any sugar works earned during any year, set apart or invest or otherwise deal with such sum as it thinks proper towards a reserve fund for meeting losses and depreciation, and for extensions of business, and for such other purposes as it deems necessary. Permission 12. The Treasurer shall from time to time permit toroefplaaocyacmne. elenrtate tthhee Cmoornpeoyrsataiodnvatnocepdayaot fafnythteI . mwehobleefoorre atnhyeypoarrteion d uoe, f and the Corporation shall apply any surplus profits for this purpose. In such case the Corporation shall be entitled to a proportionate' rebate of interest to be adjusted by the Treasurer. Any decrease in the amount of interest payable by the Corporation to the Treasurer shall be taken mto account for the purpose of increasing the price or prices which would otherwise be determined as payable to the cane-growers.
SUGAR. s.13. 10209 1922. Sugar Works Act. 13. (1.) If and as often as the result of the Levy of rate. operations of the sugar works in any year js not sufficient to provide for and pay the annual amount of interest on capital moneys due to the Treasurer as hereinbefore provided, then and in every such case the owners and occupiers of all lands within the sugar works area from which sugar-cane has been supplied during the year in which the deficiency has arisen, and the owners and occupiers of all lands, who having received from the Corporation or its agent the prescribed notice to grow sugar-cane have failed so to do, shall be liable to make good to the Treasurer the amount of such deficiency. (2.) The Corporation shall in each year, by a cer- tificate published in the Gazette, declare the amount of the deficiency as aforesaid arising out of the operations of the sugar works during the last preceding year. The deficiency aforesaid may be paid and made good by means of a rate levied in respect of all lands above- mentioned. Such rate shall include a reasonable sum in respect of the cost of valuation, levy, and collectjon. (3.) The Corporation shall m80ke and levy and collect such rate in manner prescribed: Provided that the rate made and levied shall in all cases be of the same amount for every pound of the amount of the valuation of the lands so rated, according to the basis prescribed by the Local Authorities Act, and the owner or occupier of the land shall have the right of appeal against the valuation as in that Act is provided. (4.) If any person liable to pay any amount of such Penalty for rate makes default in the payment thereof within sixty default. days after the same is levied, there shall be added to the amount a further sum by way of penalty equal to six pounds per centum of the amount, and such penalty shall thereafter be deemed to be part of such rate and recoverable as such. (5.) The amount of any rate may be recovered by Recovery of the Corporation, by complaint in a summary way or by rate. action in any court of compctent jurisdiction, from the owner or occupier for the time being of the land in respect of which the same is due and payable, notwith- standing any change that may have taken place in such o,ynership.
10210 s. 14. SUGAR. Sugar Works Act. 13 GEO. V. No. 30, Rate a first charge on (6.) The total amount of such rates, after deducting land. therefrom any sums paid from time to time on account thereof, shall be and remain a charge upon the land rated, notwithstanding any change in the ownership thereof, and in priority to any mortgage, encumbrance, or other charge whatsoever thereon until such rates are paid. For the purposes of this section, the Corporation may, by a certificate published in the Gazette, declare the amount of any such charge in respect of any land. And the Corporation may enforce such charge by application to the Supreme Court for an order for sale of the land according to the practice of that Court. Suppliers not to sell or pledge cane. 14. Notwithstanding anything contained in any other Act- (i.) No supplier within a sugar works area shall have the right to sell, assign, or dispose of or to give or grant any mortgage, lien, or other security or pledge of or over any sugar-cane or sugar-cane crop or any money or other consideration due or accruing due to him for sugar-cane supplied or to be supplied to the sugar works, to any person other than the Corporation, without the express consent in writing of the Corporation in that behalf first had and obtained; and every agreement,contract, instrument, or writing made or entered into contrary to this pro- vision shall be void and of no effect what- soever. Restraint on a!.ienation. (ii.) No person shall lease or sell or transfer or enter into any agreement to lease or sell or transfer to any other person any land or any interest in land within any sugar works area 1.lnless he has previously received the consent, in writing, of the Corporation to such lease or sale or transfer or agreement therefor. Any such lease or sale or transfer or agreement therefor made or entered into contrary to the provisions of this subsection shall be null and void for all purposes, and in addition any person who infringes this provision shall be liable on summary conviction to a penalty not exceeding five pounds.
1922. SUGAR Stlgar Works Act. ss. 15-18. 10211 In this provision, the term "lease" in- cludes any contract, agreement, scheme, or device by which any estate or interest in land less than feo-simple is created or is agreed or is intended to be created, or relating to the leasing of land on the share system. 15. Forthwith after the total amount of the capital When lands cost of a sugar works and all other sums due by the cease to be I n Jorporat'IOn t 0 the' 'n L reas nrer under t lu' s A A ct h a ve b een urantdeearbltehis repaid to the Treasurer as prescribed by this Act, the Act. Treasurer shall publish in the Gctzette a certificate to that effect. Thereupon the liability of the lands 'within the sugar works area to be rated under this Act, and all the obligations of the owners and occupiers thereof jn respect of any rate, other than in respect o± rates due and in arrear, shall cease and determine. 16. The Corporation shall cause correct aGcounts to Accounts be kept of all receipts and expenditure on account of and audit. every sugar works vested in him. Such accounts shall be audited from time to time bv the Auditor-General or some officer of his Departmeri't authorised by him in that behalf. 17. A copy of the Gazette purporting to contain any Evidence of Order in Council, notification, or notice given or made Gazette, under this Act or any certificate of the Corporation or the Treasurer given for any of the purposes of this Act, shall be conclusive evidence of all the facts therein stated.j 18. The Corporation may from time to time, by Delegation writi~ g under its ha~ d, delegat~ t~ a~ y officer or. person 3~ rporation. appomted or authOrIsed to aSslst It m the exerCIse and discharge of any of the powers, functions, discretions, or duties conferred or imposed on the Corporation by *"The Sugar lVorks Act of 1911" or by t" The Co-operative Sugar Works Act of 1914" or by this Act, any of such powers, functions, discretions, or duties, and such officer or person shall thereupon for the purposes for which he has been deputed have all the powers and may exercise all the functions of the Corporation. But such delegation * 2 Goo. V. No. 8, supra, page 5211. t 5 Geo. V. No. 34, supra, page 6391.
10212 s. 19. SUGAR. Suga1' Works Act. 13 GEO. V. No. 30, shall not be construed to deprive the Corporation of its right to exercise such powers and functions under any of the said Aets or this Act. Regulations. 19. (1.) The Governor in Council may, from time to time, make regulations providing for all or any pur- poses, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give full effect to this Act, providing for and supplying such omission or insufficiency; and, without prejudice to the foregoing powers, providing for all or any of the matters following, namely:- Employees. (i.) The duties, discipline, conduct, and regulation Inspection. of employees of the Corporation; inspections of lands, works, and things by employees and authorised officers; Forms; notices. (ii.) Forms of books, documents, notices, instru- ments, agreements, and writings, and the conditions, stipulations, reservations, and exceptions that shall be inserted or that shall be implied in contracts, agreements, leases, and other instruments; the giving of notices; Evidence. (iii.) The mode of proof of matters required to be proved under or for the purposes of this Act, and for facilitating such proof; Mode of execution. (iv.) The manner of doing, constructing, or per- forming any act, work, or thing under or for the purposes of this Act, and the time when or within which it shall be done, constructed, or -performed; Materials of works, &c. (v.) Requiring any work or thing to be executed, constructed, or done of such materials, within such time or in such manner as may be directed or approved in any particular case by the Corporation or any authorised officer or other person; Delegation of authority. (vi.) Leaving any matter or thing to be from time to time determined, applied, dispensed with, prohibited, or regulated by the Corporation, or by any authorised officer either generally or for any classes of cases, or in any particular case;
SUGAR. s.19. 10213 1922. Sugar Works Act. (vii. ) The due management, control, and use of the Managing sugar works and other property of the Cor- works. poration; protecting the lands, works, and property of the Corporation from trespass or injury; (viii. ) With respect to lands vested in or under the Nuisances, rceomntorvo . ml gof . nUthIesanCcoersp, orreagtiuo I na, t ' mprgev f eenn ' tcimngg aann d d fsetrnuccetsu, raensd. the erection of structures as to height, design, building materials, building line, and sanita- tion, and other matters; (ix.) The opening of land vested in or under the HOldings. control of the Corporation in a sugar works area for disposal as holdings; the tenure on which such lands shall be held; applications for such"land; qualifications and disqualifica- tions of applicants; dealing with applications; rentals, and other charges; penalties for de- fault; forfeitures; abandonment; improve- ments; conditions and covenants on which such lands shall be held according to the tenure thereof; empowering the Corporation after notice given as prescribed, to perform and observe at the cost and expense of the occupier of any holding, any contracts be- tween the Corporation and him under which the occupier is in default in respect of the maintenance, care, reparation, or insurance of any improvements, goods, or chattels provided, effected, or supplied, for or in connection with such holding, and to recover such costs and expenses with interest thereon from such occupier; and generally the dealing with and disposal of such lands and the rents and profits thereof; (x.) Prescribing the nature, length, and method of Notices to service of notices to owners and occupiers of grow cane. land in a sugar works area to grow sugar- cane and the conditions under which such notices may be given; (xi.) Providing for the manner of hearing appeals Appeals against valuations for rating purposes; vagaalu i a n t s l ~ Ons. (xii. ) Imposing a penalty for any breach of any Penalties. regulation, and imposing different penalties in case of successive breaches. But no such penalty shall exceed fifty pounds;
10214 s. 19. SUGAR.. --- - ~- -- - .~ - - - ~ ~ - - Sugar 1V arks Act. 13 GEO. V. No. 30, Imposing a daily penalty for any breach of any regulation. But no such penalty shall shall exceed five pounds per day; Expenses. (xiii.) Providing that in addition to a penalty any expense incurred by the Corporation in conse- quence of a breach of any regulation, or in the execution of work directed by this Act to be executed by any person and not executed by him, shall be paid by the person committing such breach or f<tiling to execute such work; IntErest. Charge on land 101' moneys due (xiv.) Prescribing that moneys payable. to the Cor- poration under this Act shall carry interest if not duly paid; fixing the rate of such interest; (xv.) Providing as an additional remedy that any moneys due to the Corporation under this Act or for any costs and expenses incurred by the Corporation and repayable by the mvner or occupier of any land, together with all interest as prescribed on such moneys, costs, and expenses, shall be a charge on such land, and for the enforcement of such charges by sale, forfeiture, or otherwise of such lands. (2.) Any such regulations rilay- (a) Prescribe a date or different dates for the coming into operation of any such regulations or of any portion thereof; (b) Provide that any such regulations or any portion thereof shall apply to sugar works generally or to any particular sugar works or specified part thereof. (3.) Notwithstanding the amendment or repeal of any regulation, every offence committed again::,t the regulation before the amendment or repeal thereof shall be adjudicated upon and punished; and every act or procceding done or commenced, and every right, privilege, or protection acquired, and every liability incurred, shall continue to be prosecuted and be of the same force and effect as if the regulation had not been amended or repealed. (4.) The regulations shall, upon publication in the Gazette, have the same force as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceeding whatsoever.
SUGAR. ss. 20, 21. 10215 1922. S~ lgar TVorks Act. 20. (l.) The Governor in Council may, from timeOrdersin to time, make all such Orders in Council as he thinks Council. fit for the further or more effectually or particularly carrying out the objects and purposes of this Act, and for extending periods of time, and for curing irregu- larities. (2.) Such Orders may be of general application, or refer to certain classes of cases, or to any particular cases. (3.) The generality of this section shall not be qualified or affected by any provision of this Act giving power to make Orders in Council with regard to any subject-matter in such provision specified. (4.) All Orders in Council made uuder this Act, when published in the Gazette, shall have the same force as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceeding whatsoever. (5.) The Governor in Council may, by another Order in Council, amend or rescind any Order in Council. (6.) No misnomer or inaccurate description or omission in any Order in Council shall in anywise prevent or abridge the operation of this Act with respect to the subject of such description, provided the same is designated. so as to be understood. (7.) No Order in Council shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. 21. A copy of all regulations and Orders in Council Powers of made and issued under this Act shall be laid before Parliamont. Parliament within fourteen days from the publication thereof if Parliament is then sitting, and, if it is not then sitting, within fourteen days from the com- mencement of the next session. It the Legislative Assembly, within forty days next after any such regulations or Orders have been so laid before such House, resolves that such reguJations or Orders or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the yalidity of anything done in the meantime under such regulations or Orders.
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