Supreme Court Funds Act Amendment Act of 1958 (7 Eliz Ii No. 12) (Qld)

SUPREME COURT. 579 7 E liz . II. No. 12. 1958. Supreme Court Funds Etc., Act. 6. When proof of the temporary or permanent ?roof °[ incapacity ot a Judge is necessary for a purpose of 0f judge, this Act, the certificate of the Chief Justice or in his absence that of the next senior Judge that such Judge is incapable as specified in the certificate shall be primd facie evidence of that fact. An Act to Amend “ The Supreme Court Funds Act 7|“zi2n of 1895,” in certain particulars. L [A ssented to 28 th A pril 9 , 1958.1 J SuSMB C ourt F unds A ct amendment A ct of 1958. E it enacted by the Queen’s Most Excellent Majesty, B 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 may be cited as “ The Supreme short title. Court Funds Act Amendment Act of 1958.” (2.) *“ The Supreme Court Funds Act of 1895,” Principal as heretofore amended, is herein referred to as theAot‘ Principal Act. (3.) The Principal Act and this Act may be Collective collectively cited as “ The Supreme Court Funds Acts, tItle- 1895 to 1958.” 2. The Principal Act is amended by inserting after New ss. 20 a , section twenty the following sections :— 20 d ! ! oe and 20 f , added to Principal Act. “ [20 a . ] (1.) Within one month after the thirtieth Treasurer to day of June next after the passing of f“ The Supreme ?™'^”®nts Court Funds Act Amendment Act of 1958,” and thereafter of accounts, within one month after the thirtieth day of June in every third year from the passing of that Act, the Treasurer shall cause to be prepared in such form (if any) as may be prescribed by Rules of Court, statements of the accounts kept or caused to be kept by the Treasurer in the books of the office kept by the Treasurer for the purposes of this * 59 V. No. 7. t 7 Eliz. 2 No. 7.

580 SUPREME COURT. Supreme Court Funds, Etc., Act. 7 E liz . II. No. 12, Act to the credit of which accounts there stood on the thirtieth day of June in question any moneys or securities which have not been dealt with, otherwise than by the continuous investment or placing on deposit of dividends, for the period of fifteen years immediately preceding the lastmentioned date. (2.) Separate statements shall be compiled according as the cause or matter or account in respect of which the moneys or securities were deposited in Court is or was at the time of taking the last proceeding therein then depending in the Court in the Central District, the Northern District, or that part of Queensland other than the Central District and the Northern District (which part is hereinafter in this Act referred to as the “ Southern District ”). The terms “ Central District ” and “ Northern District ” shall bear the meaning assigned to those terms by section two of *“ The Supreme Court Act of 1895.” (3.) The statement in respect of the Southern District shall be forwarded to the Registrar at Brisbane, the statement in respect of the Central District shall be forwarded to the Registrar at Rockhampton, and the statement in respect of the Northern District shall be forwarded to the Registrar at Townsville, and forthwith upon receipt of such a statement the Registrar at Brisbane, Rockhampton or Townsville, as the case may be, shall cause the same to be filed and a copy thereof to be stuck up in the registry of the Court. The copy of the statement shall remain so stuck up for the period prescribed by Rules of Court. TsRurebegamissutitrraerr’ tso any [ s 2 u 0 c b h . ] st ( a 1 t . ) emTehnet Rasegrisetfrearrs taot BthreisbSaonuethsehranll Dsuisbtrmicitt statements together with a report thereon, to the Chief Justice, the JtousCtihciee, f &c. Registrar at Rockhampton shall submit any such statement as refers to the Central District, together with a report thereon, to the Central Judge, and the Registrar at Townsville shall submit any such statement as refers to the Northern District, together with a report thereon, to the Northern Judge. (2.) The Registrar at Brisbane, Rockhampton or Townsville, as the case may be, shall cause any such statement to be advertised once at least in the Gazette * 59 V. No. 21.

SUPREME COURT. 581 1958. Supreme Court Funds, Etc., Act. and once at least in a newspaper published at Brisbane, Rockhampton or Townsville according as the statement relates to the Southern District, the Central District or the Northern District. The said Registrar shall cause the statement to be further advertised in such manner and at such times as the Chief Justice, the Central Judge or the Northern Judge, as the case may be, may direct. (3.) Every such advertisement shall be accompanied by a notice, in or to the elfect of the form prescribed by Rules of Court, intimating that unless a claim to the money or securities standing to the credit of the accounts set forth in the statement is made to the Court or a Judge thereof within such time as may be stated in the notice, being a time not less than forty-two days from the date of publication of the notice, the securities standing to the credit of any account set forth in the statement, and in respect of which no claim has been made as aforesaid, may be ordered to be sold and the net proceeds thereof together with any other moneys standing to the credit of any such account, and in respect of which no claim has been made as aforesaid, may on the order of a Judge be transferred to Consolidated Revenue. The cost of any advertisement under this section may be debited by the Treasurer to the respective accounts mentioned in the statement in proportion to the respective amounts or values thereof. \20c.] ( 1 .) If no claim is made in respect of any mone^and moneys or securities standing to the credit of an account securities to mentioned in the statement before the expiration of the time specified in the notice referred to in subsection ‘ three of section 20 b of this Act, the Chief Justice in the case of the Southern District, the Central Judge in the case of the Central District and the Northern Judge in the case of the Northern District may, upon the application of the Registrar in that behalf, order that any such securities be sold and the net proceeds thereof and any such moneys standing to the credit of the account be transferred to Consolidated Revenue. (2.) The Registrar at Brisbane, Rockhampton or Townsville, as the case may be, shall cause an office copy of any order made pursuant to subsection one of

582 SUPREME COURT. Supreme Court Funds, Etc., Act. 7 E liz . II. No. 12, this section to be served upon the Treasurer or upon such persons and at such places as the Treasurer may from time to time appoint to receive such office copies. (3.) The receipt of an office copy of any such order by or on behalf of the Treasurer shall be sufficient authority to the Treasurer to sell any securities mentioned in the order and to transfer the net proceeds thereof together with any moneys mentioned in the order to Consolidated Revenue, and the Treasurer shall forthwith proceed to sell such securities and to transfer such moneys to Consolidated Revenue in accordance with the exigencies of the order. claims to [20 d .] (I.) If before the expiration of the time securitiesnd mentioned in the notice referred to in subsection three how dealt of section 20 b of this Act, a claim is made to any moneys with. or securities standing to the credit of an account mentioned in the statement, the claim shall be heard and determined by a Judge of the Court who may order that any such securities be sold and the net proceeds thereof together with any other moneys standing to the credit of the account be transferred to Consolidated Revenue, or may make such other order as to the disposal of any such moneys or securities as the Judge deems fit. (2.) The provisions of subsections two and three of section 20c of this Act shall be applicable to any order made pursuant to subsection one of this section for the sale of securities and the transfer of the net proceeds thereof together with any other moneys standing to the credit of an account to Consolidated Revenue. If a claimant does not prosecute his claim to finality within three months, or such extended time as a Judge of the Court may allow, after the lodgment thereof, the Registrar may make an application under section 20c of this Act in all respects as though no claim had been made in respect of the money or securities. Transfer to [20 e .] (I.) No order made pursuant to section 20c Rewnuenotor sec^on 20 d of this Act for the transfer to Consolidated to bar Revenue of the net proceeds of the sale of any securities claims. or Gf any other moneys shall be a bar to the right of any person to make, at any time, an application to a Judge of the Court for an order directing the transfer back of the whole or part of any moneys from Consolidated

SUPREME COURT. 583 1958. Supreme Court Funds, Etc., Act. Revenue to the account from which they were so transferred and the Judge may make such an order accordingly on such terms as the Judge thinks fit. (2.) Upon service of an office copy of an order made pursuant to subsection one of this section upon the Treasurer or upon such persons and at such places as the Treasurer may, from time to time, appoint, the Treasurer shall as from the date of such service transfer back the moneys as directed by such order. ( 3 .) Where moneys have been transferred back to an account in accordance with an order made pursuant to the provisions of this section, no interest shall accrue on such moneys in respect of the period during which such moneys were transferred to Consolidated Revenue. [20 f .] Without limiting the generality of the matters Rules of in respect of which, pursuant to subparagraph (xix.) 0fCourt' subsection two of section eleven of *“ The Supreme Court Act of 1921,” Rules of Court may be made under subsection one of the said section eleven, Rules of Court may be made under that section regulating the transfer to Consolidated Revenue of moneys or securities standing to the credit of an account kept or caused to be kept by the Treasurer pursuant to this Act which have not been dealt with for fifteen years and the transfer back of such moneys and securities, prescribing forms and notices in connection therewith, regulating the form and manner of advertising notice of intention to transfer moneys and securities, and prescribing and regulating practice and procedure in respect of applications relating to any such transfer or retransfer.” * 12 G. 5 No. 15.