Sugar Works Acts Amendment Act of 1926 (17 Geo v No. 14) (Qld)

11726 SUGAR. Stlgar Works Acts Amendment Act. 17 GEO. V. No. 14, SUGAR. 17 Geo. V. An Act to Amend H The Sugar Works Act of 1911" No. 14. THE and "The Sugar Works Act of 1922" in SUGAR WORKS ACTS certain particulars, and for other conse- AMENDMENT ACT OF 1926. quential purposes. [ASSENTED TO 11TH NOVEMBER, 1926.] 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 :- Short title 1. This Act may be cited as "The Sugar Works and Acts Amendment Act of 1926." Part I. of this Act shall c o o f n A s c tr t u . ction be read as one with "The Sugar Works Act of 1911"* ; Part n. of this Act shall be read as one with "The Sugar Works Act of 1922."t PART I.-AMENDMENT OF "THE SUGAR WORKS ACT OF 1911." AILendment 2. The following subsection is added to section :>1 '. 12. twelve of "The Sugar Works Act of 1911 "*:- " (3.) None of the foregoing provisions of this section shall apply to the sugar works area known as the South Branch of the Johnstone River, Liverpool and Maria Creeks Sugar Works Area." Amendment 3. Sections nineteen, twenty, twenty-one, twenty- r o e f p s e . a1l9ofand two, and twenty-three of "The Sugar Work.s Act of ss. 20 to 23. 1911"* are repealed and the following section is inserted in lieu of the said section nineteen, and the amendments of the said Act herebv made shall be deemed to have been made therein on the thirtieth day of June, one thousand nine hundred and twenty-five, so that section nineteen as now enacted shall apply to the financial year ending on the thirtieth day of June, one thousand nine hundred and twenty-six, and to all subsequent financial years. Rates. "[19.] (1.) If and as often as the result of the operations of the sugar works in any year .is not sufficient to provide for and pay the annual instalment * 2 Geo, V. No. 8, supra, page 5211. t 13 Geo. V. No. 30, supra, paze, 10201.

SUGAR. 1926. St~ gar Warks Acts Amendment Act. . of repayment as hereinbefore provided, together with working expenses, 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 to the Corporation during the year in which the deficiency has arisen, and the owners and occupiers of all lands within the sugar works area who, having received from the Corporation or its agent a notice in ·writing (served upon the owner or occupier either per- sonally or by registered post letter or by leaving it upon the land) to grow sugar-cane on such lands, have failed so to do to the satisfaction of the Corporation, shall, in the year of deficiency, be liable to make good to the Treasurer the amount of such deficiency. The Corporation shall in each year, by a certificate 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. (2.) The deficiency aforesaid may be paid and made good by means of a rate levied in respect of all lands above mentioned. For such purpose the Corporation shall cause a valuation to be made of all the said lands. For the purpose of ascertaining the correct designation of the said lands, the Local Authority in whose Area the lands are situated shall provide all reasonable access to its books to a duly authorised officer of the Corporation. (3.) The Corporation shall make and levy and collect such rate: 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. Such rate shall include a sum which the Corporation deems reasonable in respect of the cost of valuation, levy, and collection. The rate shall be made and levied by means of a certificate made by the Corporation and published in the Gazette. Such certificate shall state the valuation of each of the said lands and the amount of the rate levied in respect of each of the said lands. 11727

11725 SUGAR. Sugar Warks Acts Amendment Act. 17 GEO. V. No. 14, (4.) The occupier shall, in the first i~ stance, be liable for the payment of the rate in respect of the land of which he is the occupier, but if the same is not paid by or recovered from him within sixty days after the publication in the Gazette of the certificate levying the rate, then the amount thereof, together with the penalty hereinafter provided, shall be payable by and may be recovered from the owner of such land. If any person liable to pay any amount of such rate makes default in the payment thereof within sixty 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 the Corporation, by complaint in a summary way or by action in any court of competent jrxisdiction, from the owner or occupier for the time being of the land in respect of which the same is due and payable, notwithstanding any change that may have taken place in such ownership. (6.) The total amount of such rates, after deducting 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, and may be deducted from the proceeds of any cane supplied from such land during that or subsequent years. 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. (7.) Every certificate made and every notice given by the Corporation under this section shall, upon publication in the Gazette, be conclusive evidence of all the matters therein set forth, and sball not be subject to appeal or be liable to be challenged or questioned in any proceedings whatsoever."

1926. SUGAR. Sugar Works Acts .L1mendrnent Act. 11729 PART n.-AMENDMENTS OF "THE SUGAR WORKS ACT OF 1922." 4. Section thirteen of "The Sugar Works Act of Amendment 1922"* is repealed and the following section is inserted of s. 1:3. in lieu thereof:- " [18.] (1.) If and as often as the result of the Levy of rate. operations of the sugar works in any year is not sufficient to provide for and pay the annual amount of interest on capital moneys due to the Treasurer as hereinbefore provided, together with working expenses, then and in every such case the owners and occupiers of all hinds 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 a notice jn writing to grow sugar-cane (served upon the owner or occupier either personally or by registered post letter or by leaving it upon the la;nd), have failed so to do to the satisfaction of the Corporation, shall be liable to make good to the Treasurer the amount of such deficiency. The Corporation shall in each year, by a certificate 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. (2.) The deficiency aforesaid may be paid and made good by means of a rate levied in respect of all lands above mentioned. For such purpose the Corporation shall cause a valuation to be made of all the said lands. (8.) The Corporation shall make and levy and collect such rate: 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. Such rate shall include a sum which the Corporation deems reasonable in respect of the cost of valuation, levy, and collection. The rate shall be made and levied by means of a certificate made by the Corporation and published in * 13 Geo. V. No. 30, supra, page, i0201.

11730 SUGAR. Sugar Works Acts Amendment Act, 17 GEO. V. No. 14,1926. the Gazette. Such certificate shall state the valuation of each of the said lands and the amount of the rate levied in respect of each of the said lands. For the purpose of ascertaining the correct designation of the said lands, the Local Authority in whose Area the lands are situated shall provide aU reasonable access to its books to a duly authorised officer of the Corporation. (4.) The occupier shall, in the first instance, be liable for the payment of the rate in respect of the land of which he is the occupier, but if the same is not paid by or recovered from him within sixty days after the publication in the Gazette of the certificate levying the rate, then the amount thereof, together with the pena:ty hereinafter provided, shall be payable by and may be recovered from the owner of such land. If any person liable to pay any amount of such rate makes default in the payment thereof within sixty 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 the Corporation, by complaint in a summary way or by action in any court of competent 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 ownership. (6.) The total amount of such rates, after deducting 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, and may be deducted from the proceeds of any cane supplied from such land during that or subsequent years. 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.

SUGAR-SUPREME COURT. 17 GEO. V. No. 28,1926. Supreme Court Acts Amendment Act. 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. (7.) Every certificate made and every notice given by the Corporation under this section shall, upon publication in the Gazette, be conclusive evidence of all the matters therein set forth, and shall not be subject to appeal or be liable to be challenged or questioned in any proceedings whatsoever." 11731 SUGAR WORKERS' PERPETUAL LEASE SELECTIONS. See LAND, CROWN. ---- - - - - - ~ SUPREME COURT. An Act to Amend "The Supreme Court Acts Amendment Act of 1903" in a certain particular. [ASSENTED TO 26TH NOVEMBER, 1926.] 17 Geo. V. No. 28. THE SUPREME COURT ACTS AMEND:'IIENT ACT OF 1926. ·BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- ~ ative Assembly of Queensland in Parliament assembled. .and by the authority of the same, as follows :- 1. This Act shall be cited as "The Supreme Cmtrt Short title. Acts Amendment Act of 19.26." 2. Section two of "The Supreme Court Acts Amendmen~ Amendment Act of 1903"* is repealed and the following of s. 2. -section is inserted in lieu thereof:- "[2.] The Governor, with the advice of the Executive Appoint. Council, may appoint one of the Judges of the Supreme ~e~ t of Court (not being the Chief Justice) to be the Senior p~ :~ : Puisne Judge of the Court. The Judge so appointed Jlldge. shall for all purposes whatsoever be deemed to be Senior .Judge of the Court, next after the Chief Justice." * 3 Edw. VII. No. 9, -supra, page 3459.