War Service Land Settlement Act of 1946 (10 Geo Vi No. 23) (Qld)

LANDS. 10 GEO. VI. No. 23, 1946. War Service Land Settlement Act. 229 An Act to Make Provision for and in Relation to 10 N G o E . O 2 . 3 V . I. the Settlement on the Land of Discharged TS~ ~: c~ Members of the Naval, Military, or Air SET~t:;ENT AOT OF 1946. Forces and other Eligible Persons, to Amend "The Land Acts, 1910 to 1946," in certain particulars, and for Purposes incidental thereto and consequent thereon. [ASSENTED TO 30TH APRIL, 1946.J 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 :- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. I. This Act may be cited as " The War Service Land Short title. Settlement Act of 1946." 2. (1.) This Act shall be read as one with *" The Construction Land Acts, 1910 to 1946," herein in this Act referred to of Act. as the Principal Act. (2.) This Act shall where necessary be read and construed with- (i.) t" The War Service Land Settlement Agreement Act of 1945 " ; (ii.) t" The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1945." (3.) This Act is divided into Parts, as follows:- Parts of Act. PART I.-PRELIMINARY; PART Il.-LAND SETTLEMENT; PART IlL-FINANCIAL ARRANGEMENTS; PART IV.-MISCELLANEOUS. * 1 G. 5 No. 15 and amending Acts, v. 5, p. 15 et seg. t 9 G. 6 No. 30, this vo!. p. 222. t 14 G. 5 No. 41 and amending Acts (consolidated), 1943 Sess. v., p. 163.

230 PART 1.- P R E L I I I I NAR Y. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, Jn terpreta- 3. In this Act, unless the context otherwise requires, tion. the following terms have the meanings respectively assigned to them, that is to say:- Agricultural Bank or Bank. " Agricultural Bank " or " Bank "-The Corpora- tion of the Agricultural Bank within the meaning of the Co-ordination of Rural Advances and Agricultural Bank Acts; Applieant. " Applicant "-A person applying to participate in land settlement under this Act; Co-ordina- tion of Rural Advances and Agricultural Bank Acts. "Co-ordination of Rural Advances and Agricul- tural Bank Acts "-*" The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1945" (or any Act amending or in substitution of the same), and all Orders in Council and regulations thereunder; Eligible person. " Eligible person " means- (a) A discharged member of the Forces who has been honourably discharged after not· less than six months' war service, or having, in the opinion of the Minister, been materially prejudiced by reason of his war service, has been honourably discharged after less than six months' war service: A member of the Forces who has ceased to be engaged on war service shall be deemed to have been discharged; (b) Any person included in a class of persons (if any) which the Governor in Council from time to time with the concurrence of the Commonwealth determines shall be eligible to participate in land settlement under this Act; Member of the Forces_ " Member of the Forces" means- (a) A person who is or was, during the war, a member of the Permanent Forces, other than the Australian Imperial Force; (b) A person who is or was, during the war, a member of the Australian Imperial Force; (c) A member of the Citizen Forces who is or was enlisted, appointed or called up for continuous service for the duration of, and directly in connection with, the war ; * 14 G. 5 No. 41 and amending Acts (consolidated), 1943 Sess. v., p. 163.

1946. LANDS. War Service Land Settlement Act. .231 PART 1.- ~ ELIlIIN' &B~ . (d) A person who is or was, during the war, engaged on continuous full-time service as a member of any of the following serVIces : - The Royal Australian Naval Nursing Service; The Women's Royal Australian Naval Service; The Australian Army Nursing Service; The Australian Women's Army Service; The Australian Army Medical Women's Service; The Royal Australian Air Force Nursing Service; The Women's Auxiliary Australian Air Force; (e) A member of a Voluntary Aid Detachment who is or was, during the war, engaged on continuous full-time paid duty with any part of the Defence Force; (f) A member of the Naval, Military or Air Forces of any part of the King's dominions other than Australia, who is or was, during the war, engaged on service in a prescribed area and was born in Australia or was, immediately prior to his becoming a member of any of those Forces, domiciled in Australia; and (g) A person who is or was, during the war, engaged on continuous full-time service with any Nursing Service or other Women's Service auxiliary to the Naval, Military or Air Forces of any part of the King's dominions other than Australia who was born in Australia. or was, immediately prior to her becoming a member of that Service, domiciled in Australia; but does not include any enemy alien who served during the war as a member of the Army Labour Corps but not otherwise. " Settler "-A person who has been allotted a Settler. holding under this Act: the term includes, where necessary, an eligible person who acquires a selection under this Act;

232 PAIITI.- PRELIMINARY. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, War service. " War service" means'- (a) Service as a member of the Permanent Forces, other than the Australian Imperial Force; (b) Service in the Australian Imperial Force; (c) The service of a member of the Citizen Forces when called out for war service in pursuance of the *Defence Act 1903-1945 of the Commonwealth, or during continuous training under that Act, the t Naval DefenceAct1910-1934, or the tAir Force Act 1923- 1941 of the Commonwealth; (d) The continuous full-time service in the Defence Force under any Act or under any regulations under an Act, of any person who volunteers and is accepted for that service during war; (e) In the case of a person specified in paragraphs (d), (e), (f) or (g) of the definition of "member of the Forces," service in any of the bodies specified in those paragraphs; The war. " The war" means the war which commenced on the third day of September, one thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the passing of this Act; Generally. And generally all the terms used have the same meanings as are respectively assigned to them in the Principal Act. PART 11.- LAND SETTLEMENT. PART Il.-LAND SETTLEMENT. Act to be 4. This Act, other than Part Ill. thereof, shall be a b d y mMininisisteterre.d admI.nI.St ered by the MI' nl.st er, and'In the admI.nI.st rat'IOn thereof with respect to an approved plan of settlement under §" The War Service Land Settlement Agreement Act of 1945" and the Agreement to be made by the Commonwealth and the State of Queensland and * No. 20 of 1903 and amending Acts of the Commonwealth. t No. 30 of 1910 and amending Acts of the Commonwealth. t No. 33 of 1923 and amending Acts of the Commonwealth. § 9 G. 6 No. 30, this vol., p. 222. Executed agreement proclaimed by Proclamation of 13th June, 1946 (Gazette, 15th June, 1946, p. 1569).

1946. LANDS. War Service Land Settlement Act. 233 PAltTII.- LAND SETTLEMENT. proclaimed in the Gazette pursuant to such Act the Minister shall have regard to the provisions of such lastmentioned Act and Agreement. 5. A discharged member of the Forces may apply Peri~ d o.f to participate in land settlement under this Act not apphcatlOn. more than five years after-· (a) The fifteenth day of August, one thousand nine hundred and forty-five; or (b) The date on which he ceased to be on war service, whichever is the later. Act, 6 a . p ( p 1 o .) inTt hae MCliansissitfeircamtioany, Cfoormtmheittpeeu, rpwosheischofsthhailsl A ~ e p ; p ! o r i : n ~ t d nd consist of three members, and shall appoint one of such mnctJftns of members to be chairman of the Committee. ti: ~ s ca· One of such members shall be a person experienced Committee. in farming and also a discharged member of the Forces. (2.) Each member of the Committee (other than a member who is an officer under *"The Public Service Acts, 1922 to 1945 ") shall be paid such fee for each sitting of the Committee at which he is present as may be fixed by the Minister. (3.) It shall be the duty of the Committee to examine each applicant and determine- (i.) Whether he is an eligible person; (ii.) Whether such an eligible person- (a) Is suitable for settlement under this Act; or (b) Is to be recommended for rural training; or (c) Is unsuitable for settlement or rural training. (4.) In the exercise of its duties the Committee shall have regard to the matters and things set forth in t" The War Service Land Settlement Agreement Act of 1945." (5.) For the purpose of making any inquiry or investigation when directed by the Minister for the purposes of this Act, the Committee or any member or members thereof when so directed shall have and may exercise all powers, authorities, protections, and * 13 G. 5 No. 31 and amending Acts, v. 7, p. 1139 et seg. t 9 G. 6 No. 30, this vol., p. 222.

234 PART IT.- LAND SETTLEMENT. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, jurisdiction of a commission under *"The Official Inquiries Evidence Acts, 1910 to 1929," and may enter and inspect any land, premises, or place, the entry and inspection whereof appears requisite for the purposes of such inquiry or investigation. Appoint. 7. (1.) The Minister may from time to time appoint ~ ~ ~e~ f such further Committee or Committees as he may deem CommitteeE'. necessary for the purpose of advising the Minister and the Land Administration Board concerning all or any such matters and things as affect or may affect the carrying out of the objects of this Act. (2.) The Minister may if necessary, with the approval and the consent of the Minister administering any other Government Department, make use of the services of any of the officers of the Public Service in such other Departments. Power to 8. For the purpose of giving effect to this Act, the t P 7 ve and Minister may expend such moneys as are from time to Ia~ 3. op time, appropriated by Parliament, as may be required- (a) To develop and improve land set apart for the purpose of this Act ; (b) To settle approved eligible persons ~ n land so set apart, developed, and improved; and (c) For such other purposes relating to settlement of approved eligible persons on land as may be found necessary. Set apart land for perpetual lease selection. 9. (1.) The Minister, wit.h the approval of the Governor in Council, may, from time to time, by notification in the Gazette, set apart any Crown land to be open for selection as perpetual lease selections by eligible persons who have been approved for settlement in terms of this Act: Provided that the only eligible person who shall be qualified to apply for a perpetual lease selection under this Act shall be one who does not hold any land in Queensland, whether freehold or leasehold, other than freehold or leasehold land situated within any city, town, township, or other centre of population, or which has been declared to be suburban land under section thirteen of the Principal Act. * 1 G. 5 No. 26 and amending Act, v. 3, p. 439 et seq.

LANDS. ----------------------------------------------- 1946. War Service Land Settlement Act. 235 PART 11.- LAND SETTLEMENT. (2.) (a) Before any portion' of land is notified to be open for selection the Minister shall determine by ballot the approved eligible person to whom the portion shall be allotted; such person shall upon the opening of the portion for selection be entitled to priority of application. (b) Within one month from the date of opening or within such further period as the Minister may allow the settler shall complete his application to select the portion. If the settler fails to complete his application for the land within the prescribed time the Minister may at his discretion cancel the allotment of the portion to the settler and his right if any in the portion shall be forfeited without any further notice or process. (3.) The notification opening the land for selection shall state the capital value of the land exclusive of the value of any improvements thereon. (4.) Notwithstanding any limit whatever as to area provided by the Principal Act with respect to perpetual lease selections the Minister may, with the approval of the Governor in Council, open any land under this Act as a perpetual lease selection with an area not exceeding five thousand acres. (5.) The provisions of *"The Prickly-pear Land Acts, 1923 to 1941," shall not apply to any land opened or selected in pursuance of this' Act. 10. (1.) The following provisions shall be applicable Provisions tuon d eevretrhy I ' S p A er C p t e ; t - ual lease selection applied for or held s a e p l p e l c i t ~ IO ab n l s e . to (i.) It shall not be necessary for an approved eligible person who applies for such selection to deposit with his application any amount or sum by way of rent or instalment of survey fee. (ii.) During the first fifteen years of the term of the lease the annual rent shall be a sum equal to one pound ten shillings per centum of the notified capital value; Provided that rent shall not be payable by the settler in respect of an assistance period. * 14 G. 5 No. 34 and amending Acts, v. 5, p. 379 et seq.

236 PART 11.- LAND SETTLEMENT. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, (iii.) The annual rent for the second and each subsequent period of fifteen years shall be determined as prescribed by subsection three of section one hundred and four of the Principal Act. (iv.) After the expiration of the first three years of the term the prescribed survey fee shall be paid in five equal annual instalments. In this subsection the expression "assistance period" means a period of one year following the date of commencement of the term of lease: Provided that the Minister, or in the case of selections comprising an approved plan of settlement pursuant to the Agreement authorised by *" The War Service Land Settlement Agree- ment Act of 1945," the Minister with the concurrence of the Minister of State for the time being charged with the administration of Part VII. of the t Re-establishment and Employment Act, 1945 of the Parliament of the Commonwealth may extend an assistance period beyond the said period of one year. (2.) The selection shall be subject to the condition of personal residence by the selector during the first ten years of the term and thereafter to the condition of occupation as defined in section eighty-nine of the Principal Act. Except as herein otherwise provided, every such selection shall be and be deemed to be a perpetual lease selection under the Principal Act; and the provisions of section one hundred and four of the Principal Act (save as herein modified) and the provisions of the Principal Act in the said section referred to shall apply to every such selection as far as the same are applicable: Provided that if the Land Court certifies to the Minister that good grounds exist for the granting of an application by a selector for permission to transfer his selection in terms of section 87 (iv.) of the Principal Act, and the Minister approves of such application, transfer of the selection may only be permitted to a person eligible to select a similar selection in terms of this Act: * 9 G. 6 No. 30, this vol., p. 222. t No. 11 of 1945 of the Commenwealth.

1946. LANDS. War Service Land Settlement Act. 237 PART II.- LAND SETTLEMENT. Provided further that, after the expiration of the first ten years of the term, the lessee shall not be debarred from mortgaging, transferring, or subletting his lease in accordance with the Principal Act. 11. The Governor in Council may from time to Regulations. time make regulations for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or that may be necessary or convenient to carry out the objects, intentions, and purposes of this Act (exclusive of Part Ill. thereof). The provisions of section two hundred and nine of the Principal Act shall be applicable thereto in all respects. PART IlL-FINANCIAL ARRANGEMENTS. PART III.- FINANCIAL ARRANGE- MENTS. 12. This Part of this Act shall be administered Part to be by the Treasurer. admin- istered by Treasurer. 13. (1.) The Agricultural Bank shall, subject to Agricultural this Part, be charged with the administration of the Ban~ ~ o prOVI.SI.OnS her81. na ft er conta'lned re I at'Ing t 0 the makI' ng padromvIinsiIosntesr and regulation of advances to settlers. re advances to settlers. (2.) For the purposes of advances under this Act the Bank shall have and exercise full power and authority to approve of an advance to any settler under this Act, or any further advances to any mortgagor under this Act. (3.) For the purposes of this Act, any financial or Financial other adjustment which may be necessary in regard to arrange- any Loan or Trust or other Funds at the Treasury or ments. otherwise may be made and is hereby authorised accordingly. The administration of the financial arrangements Administra- shall, subJ'ect to any directions made from time to tion o~ tI,me by the Treasurer, be t he duty and f unctI ' Ons 0 f t he fairnraanncgIea-l Bank. ments. (4.) The Bank shall have and exercise with respect to every advance and to every security taken by it for the repayment of any advance made by it under this Act all the powers, rights, and remedies conferred upon it by the Co-ordination of Rural Advances and Agricul- tural Bank Acts as modified by this Act with respect to advances made under this Act and to securities taken by the Bank for the repayment of such advances.

238 PAlIT III.- FINANCIAL ARRANGE- MENTS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, And to the intent that subject to the modifications contained in this Act, the provisions of the Co-ordination of Rural Advances and Agricultural Bank Acts shall, so far as they can be applied and extended, mutatis mutandis, apply and extend to this Part of this Act. Advances to 14. (1.) Subject to this Act, the Bank may, out suentdtleerrsthis of funds legally available for the purpose, upon the Act. application of any settler under this Act, make advances to such settler on the prescribed security, for the purposes hereinafter mentioned. (2.) The land which shall be held by a settler to whom advances may be made under this Act shall be land selected and held under this Act and used, or about to be used, for agricultural, dairying, viticultural, or horticultural pursuits or other rural pursuits approved by the Bank. Any such land held by a settler shall, for the purposes of this Act, be deemed to be farm land within the meaning of the Co-ordination of Rural Advances and Agricultural Bank Acts. Purposes of (3.) Such advances may be made for any of the advances. following purposes, namely:- (a) Working capital; (b) Paying for and making improvements on the land or adding to the improvements already made on the land; (c) Purchase of livestock (including pigs), plant, and equipment. Power of (4.) The Bank may purchase and dispose of such Bank to livestock, plant, equipment, and implements as may be ~ ~ ~ hase, necessary for the purposes of this Act, and any advances livestock,&c. made to a settler under the provisions of this Act may be applied by such settler in acquiring any such livestock, plant, equipment, or implements from the Bank. No inspec- (5.) No inspection fee shall be charged or payable tion fee. with respect to any application for any such advance. Existing improve- ments. (6.) The value of any improvements or develop- mental work effected on the land prior to its selection as declared in the notification opening the land for selection shall be deemed to be an advance to the settler as and from the date of the commencement of the term of his selection, and the settler shall execute the necessary mortgage or other instrument securing the repayment of the same.

1946. IjANDS. War 8ervice Land Settlement Act. 239 PARTIII.- FINANCIAL ARRANGE- MENTS. (7.) Subject to the preceding subsection hereof Basis of the amount of any advance shall, in every case, be va~ua}ion determined by the fair estimated value of the land: ~ va~ ce. and improvements made and proposed to be made thereon after taking into consideration all sums already advanced and still owing on the security, and, except as is by this Act otherwise provided, such advance may be made to the full amount of such estimated value, but shall not exceed that amount. (8.) Notwithstanding anything to the contrary Special contained in this section, the Bank may upon the advances. application of any settler make any special advance to such settler for the purpose of working capital, the purchase of livestock (including pigs), plant and/or equipment, or for such other purpose or purposes as the Governor in Council may from time to time by Order in Council approve. (9.) At no time shall the total amount of an advance Limit of or advances to anyone settler under this Act exceed advan0es. five thousand pounds. (10.) The term of any advance under this section Terms of of this Act shall be the term fixed by the Bank, not advances. exceeding thirty years exclusive of the assistance period as defined in subsection one of section ten of this Act and exclusive of any period allowed by the Bank. being a period not exceeding five years during which interest only is payable: Provided that the term of any advance may from time to time be extended in the absolute discretion of the Bank to any term as may be fixed by the Bank, and the period allowed by the Bank during which interest only is payable may from time to time be extended in the absolute discretion of the Bank to any period as may be fixed by the Bank, but so that the term of the advance (as so extended) added to the period allowed by the Bank during which interest only is payable (as so extended) shall not exceed in the whole thirty-five years exclusive of the assistance period referred to aforesaid. (11.) A settler shall not be required to make any No pay- payments on account of principal or interest in respect me~ ts during of advances (other than advances for working capital) ~ ! ~ ~ ~ ~ ~ ce during an assistance period as defined in subsection one of section ten of this Act, and payment of interest for that period shall be waived.

240 PART 111.- ]'INANCIAL ARRANGE- )[ENTS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 2:1, Rate of interest. (12_) Subject to this Act all advances made by the Bank under this Act shall bear interest at such rate as may from time to time be determined by the Governor in Council by Order in Council and shall be made. upon such securities and subject to such covenants, conditions, and provisions as may be prescribed by regulation under this Act: Provided that the rate of interest shall not in any case exceed the rate of four per centum per annum. Advances (13.) Any advances under this Act may be made siinnusmltuamohrnpents. iantsttahlme ednitssc. retion of the Bank in a lump sum or by When advance begins. (14.) The term of every advance under this Act shall, save as next hereinafter provided, begin from the first day of April or first day of October next succeeding the date of payment of the advance: Provided that upon approving of an advance the Bank may fix a period, to expire on the thirtieth day of September or thirty-first day of March, as the Bank may determine, not exceeding the period prescribed with respect to each class of advance during which no part of the principal money of the advance shall be repayable; but such principal money (as and when advanced and whether advanced in a lump sum or by instalments) shall nevertheless bear interest at the prescribed rate which shall be payable half-yearly at the prescribed times during such period. In every such case the term of the advance shall begin on the first day of April or first day of October, as the case may be, next ensuing on the date of the expiration of the aforesaid period during which interest only is payable: Provided further that if in the period during which interest only is payable the settler has at intervals obtained several advances from the Bank, the period during which interest only is payable on all such advances shall not, unless the Bank otherwise allows, extend beyond the period fixed in respect of the first of such advances_ Interest, when payable. (15.) Subject to subsection eleven hereof- (a) Interest shall in all cases be payable by the settler to the Bank on the thirty-first day of March and the thirtieth day of September in each year;

1946. LANDS. War Service Land Settlement Act. 241 PART tu.- FINANCIAL ARRANGE- MENTS. (b) Interest shall begin to run from the date of payment of the advance, if paid in a lump sum, or from the date of the payment of each instalment of the advance if paid in instalments: The first payment of interest in every case shall be made on the next succeeding thirty-first day of March or thirtieth day of September, and thereafter shall be paid half-yearly as aforesaid; (c) Interest shall be adjusted monthly on the last day of each and every calendar month, and for the purpose of such adjustment interest shall be calculated upon the amount of the advance outstanding as at the eX'pira- tion of the twenty-eighth day of the calendar month in question except- (i.) That any advance or instalment of an advance made during any calendar month shall be taken into account as carrying interest from the date when such advance or instalment of an advance is made; and (ii.) That, subject to the settler having duly paid all moneys payable by him to the Bank, any amount (being not less than ten pounds) of an advance repaid sooner or comprising the excess in a larger instal- ment than is in this Act or in any security provided or contained (and such repayment or the excess in such instalment not being appropriated with the consent of the Bank to payment in whole or in part of any instalment or instalments to become due and payable at any future time or times) shall be taken into account as carrying interest to the date when such amount is repaid, or such excess was paid, as the case may be; (d) Interest as prescribed shall continue to be payable upon the advance (or upon so much thereof as shall from time to time be owing) until the whole of the advance has been repaid, and if such interest or any part thereof shall not be paid before the expiration

242 PART III.- }'INANCLU, ARRANGE- MEXTf'. LANDS. Wa1' Service Land Settlement Act. 10 GEO. VI. No. 20. of twenty-eight days after the prescribed time such interest shall (but without prejudice to the powers and remedies conferred upon the Bank by, under, or pursuant to this Act or any mortgage or other security in respect of the advance concerned) be added to the amount of the advance outstanding and carry interest as if such addition were a further advance. Advances to 15. (1.) Save as hereinafter provided, no advance b be y secured under this Act shall be made- mortgages. (i.) Except upon the security of a mortgage or mortgages to the Bank over the land and improvements with respect to which such advance is made, and upon such other security over any property, and without limiting the generality of this provision, including any security of the nature indicated in subsection four of this section as to the Bank seems fit ; (ii.) With respect to any land which is encumbered by any previous mortgage or charge other than- (a) A mortgage or security under this Act ; or (b) By reason of arrears of rates due to any Local Authority; or (c) A mortgage to the Treasurer or any person or corporation representing the Crown under *" The Sugar Works Guarantee Acts, 1893 to 1895," or under any law relating to the construction and control of sugar works. (2.) Any settler may notwithstanding any enact- ment or law to the contrary lawfully execute all such mortgages and other securities. (3.) In all cases where a special form of mortgage or security is prescribed by any Act, the fact that a mortgage or security under this Act is not in such form shall not in any way hinder its registration (where necessary) or limit its effect as a valid mortgage or security. * 57 v. No. 18 and amending Acts, v. 9, p. 150 et seg.

1946. LANDS. War Service Land Settlement Act. 243 PARTITI.- ] ' 1l' I~ OIAL ARlUNGE· HEl'ITS. (4.) Notwithstanding anything to the contrary Other hereinbefore provided, advances may be made by the securities. Bank under the provisions of subsection *nine of section fourteen of this Part of this Act on such one or more of the following securities as the Bank may require, namely, security- (i.) By way of mortgage over the settler's land mentioned in the application or other lands; or (ii.) By way of mortgage (or covenant to give such mortgage) over any pigs, sheep, cattle, horses, or other livestock belonging to the settler at the date of the applicatioI!, or about to be acquired by the settler on receipt of an advance, and the progeny thereof during the continuance of the security; or (iii.) By way of bill of sale (or covenant to give such bill of sale) over such machinery, implements, or chattels belonging to the settler at the date of the application or to be acquired by such settler or belonging to or to be acquired by his surety as the Bank may require; or (iv.) By way of lien on wool; or (v.) By way of lien on crops of all kinds; or (vi.) By way of lien or order or assignment on any produce or the proceeds thereof or on stock sold from the land. (5.) Any such security shall be given by the settler or any surety in the discretion of the Bank. 16. (1.) If any settler who has given an assignment Effect of on any produce of his selection or the proceeds thereof assignment. to secure any advance made to such settler by the Bank diverts any of such produce from the person named in such assignment to some other person the Bank may notify such other person of the existence of such assign- ment, and of the amounts payable thereunder and the times at which such amounts are payable. Such notice shaH require such other person to retain . and pay to the Bank sufficient of the moneys from time to time payable by him to the settler concerned to meet the payments under such assignment and shall be legally binding upon such other person accordingly. * Sic in Gazette .. semble" eight"

244 PART 111.- FINANCIAL ARRANGE' MENTS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 2~ , (2.) An assignment as heretofore mentioned in subsection one of this section shall be legally binding on every person who supplies any produce referred to thereon from the selection mentioned in such assignment. (3.) Any person paying to the Bank in satisfaction of an assignment on the produce of any selection, or the proceeds of such produce, any moneys payable to the settler or t.o any other person whomsoever in respect of such produce shall be deemed to act under the authority of such settler and of all other persons concerned and is hereby indemnified accordingly. Special conditions as to borrowing maybe imposed. 17. Every advance to a settler under this Act shall in addition to the conditions and stipulations in this Act contained be subject to such further conditions and stipulations as to the Bank may seem fit or as may be prescribed. Restricted application of certain Acts. 18. (1.) The provisions of *"The Bills of Sale Act of 1891," or any Act amending or in substitution for that Act, shall not apply to any mortgage or other security executed under this Act or affect the validity or operation of any such mortgage or security in respect of any chattels comprised therein. (2.) The provisions of t" The Mercantile Acts, 1867 to 1896," requiring the registration of mortgages of livestock· or liens on crops or liens on wool shall not apply to any mortgage of livestock or lien on cro'ps or lien on wool executed under this Act. Cancellation 19. Where any advance has been approved the aowdfhvaoaplnlpycreoovred hBaasnkbemenayp, aaitdatnoy tthime esebtetlfeorr,e itfheinwthhoeledoisfcsruectihonadovfanthcee in part. Bank the circumstances warrant such action- (i.) If no portion of such advance has been paid to the settler, cancel such advance; (ii.) If any portion of such advance has been paid to the settler, cancel the balance of the advance then remaining unpaid. Upon such cancellation the portion of the advance last paid shall be deemed to be the final instalment of the advance. * 55 V. No. 23 and amending Acts, v. 6, p. 319 et seq. t 31 V. No. 36 and amending Acts, v. 6, p. 293 et seq.

1946. LANDS. War Service Land Settlement Act. 245 PART 111.- FINANOIAL ARRANGE' lI1ENTS. 20. If at any time the Bank is satisfied that any When Bank money advanced by instalments has not been applied m~ ~ Id for the purpose for which it was advanced or has been ;~ ymZnts. expended in a careless or wasteful manner, the Bank may refuse to pay any further instalment of the proposed advance, and may at once call in the whole amount already advanced, whereupon the settler shall forthwith repay the same, and in default the Bank shall have the same remedies for the recovery of the same as are provided by the Co-ordination of Rural Advances and Agricultural Bank Acts for the recovery of sums payable by the settler. 21. During the term of an advance under this Act Repayment (exclusive of the period, if any, allowed during which of advance. interest only is payable and exclusive of the period during which no interest is payable) the amount of such advance, with interest at the prescribed rate, shall be liquidated by the payment by the settler to the Bank on the thirtieth day' of September and thirty-first day of March, respectively, in every year of such sum as will permit of the repayment of the total sum advanced (whether in one sum or in several sums), together with interest as aforesaid, within the term, and such sum shall continue to be payable until such total amount advanced with interest accruing thereon has been so paid. 22. The unpaid balance of any advance under this Prepayment 0: Act may at the option of the mortgagor be repaid at ~ f~ npaid any time sooner or in larger instalments than is herein :~:nce. provided, so as to shorten the term of repayment of the advance, but payment of any such larger instalments shall not, unless the Bank otherwise determines, affect the calculation of the amount of the instalment payable. 23. Any additional advances made to a settler Additional under • this Act shall, unless the Bank otherwise madavaynbcees determmes, be added to and become part of the then added to outstanding balance of the original advance, and bear p~ ifcipal interest at the same rate; and the amounts of the half- 0 oan. yearly instalments payable to the Bank under this Act shall be proportionately increased so that the whole of the advances, with interest as aforesaid, shall be repaid within the prescribed term.

246 PARTITI.- FINANCIAL ARRANGE- MENTS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. ~ 3. Payments to 24. (1.) During the assistance period as defined saBesatsnit1sektrabdnycuerm. g bpryocseuebdssecotfiotnheonhe 0 Ido' mf gseschtiaolnl bteenpaol'df tbhyis thAectsetthtleernteot period. the Bank to be credited against future obligations of the settler in respect of- (a) Advances for purchase of livestock, plant, or equipment; (b) Advances for paying for or effecting improve- ments; (c) Rent of his selection or interest or principal in respect of improvements, in such proportion as the Bank may determine: Provided that at least one-half of such net proceeds shall be credited against advances for purchase of live- stock, plant, or equipment : Provided also that the Bank may, in any particular case, waive the requirements of this subsection either wholly or in part if, in its opinion, the circumstances of the case are such that it is desirable to do so. (2.) In the event of a settler being unable at any time to make all payments then due by him under this Act or in respect of the holding, such payments as he may make shall be applied toward payment of his indebtedness in respect of- (a) Advances for the purpose of providing working capital; (b) Advances for purchase of livestock; (c) Advances for purchase of plant or equipment; (d) Advances for paying for or effecting improve- ments; (e) Rent in respect of his selection, m that order, Provisions in 25. The following provisions shall apply to all aredgvaarndcetos advances made under this Act in respect of which the where Commonwealth has agreed to accept responsibility ; ~ ~ ~ o~ s as expressed in the Agreel1lcnt authorised by *" The agreed to War Service Land Settlement Agreement Act of 1945 " : - : ~ : ; ~ ! si- (a) The general terms and conditions under which bility in the advances are made shall be subject to Agreement. the concurrence of the Minister of State of * 9 G. 6 No. 30, this vol., p. 222. See Gazette, 15th June, 1946, at p. 1569 for executed agreement.

1946. LANDS. War Service Land Settlement Act. 247 PART I11.- FINANCIAL ARRANGE· MENTS. . the Commonwealth for the time being charged with the administration of Part VII. of the * Re-establishment and Employment Act, 1945 of the Commonwealth; (b) The Bank shall keep the records of such advances separately from the records of all other advances under this Act. 26. In the event of a settler transferring, sub- When settler leasing, or abandoning any selection with respect to ntootfuerntthietlred which an advance has been made under this Act, or advance on agreeing so to do, such settler shall not thereafter be : anst~ rring, eligible to obtain a further advance under this Act : se~ ;ctio~ . Provided that the Bank under the special circum- stances of any particular case may relax the provisions of this section in favour of any such settler either wholly or in part. :e 27. Notwithstanding anything contained in this What Act, in any case where a settler has made defa:ult in the ~ ~ ~ fcl: ' payment of any sum of money payable by hIm to the purchase Bank, and the Bank has at any time during the first ten lpaonsdses w s ~ IO er n e years of the term of the lease duly entered upon and taken for taken possession of his selection in order to sell the default. same, then any eligible person as defined by this Act (but no other person) shall, subj6ct to the limitations next hereinafter provided, be qualified to bid for the same and become the purchaser at public auction, or (failing a sale by auction) become the purchaser thereof by private sale: Provided that such eligible person shall not be so qualified if he is the lessee of a selection under this Act or is the holder of any land in Queensland, whether freehold or leasehold, other than freehold or leasehold land situated within any city, town, township, or other centre of population, or which has been declared to be suburban land under section thirteen of the Principal Act. 28. The Governor in Council may from time to Regulation•. time make regulations for the purposes of the carrying into effect of the objects, intentions, and purposes of this Part III. of this Act, and the provisions of section forty-one of the Co-ordination of Rural Advances and Agricultural Bank Acts shall be applicable thereto in all respects. .* No. 11 of 1945 of the Commonwealth.

248 PARTIY.- MIS- CELLANEOUS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 23, PART IV.-MrsCELLANEOUS. No stamp 29. (1.) Notwithstanding the provisions of any dreugtI.ystorart I.on Act to the contrary, no stamp duty shall be payable in fees pllyable. respect of- (i.) Any lease or license issued in pursuance of this Act; (ii.) Any mortgage or other security executed to secure an advance under this Act; (iii.) Any release of such mortgage or security; (iv.) Any other document or instrument executed for the purposes of this Act. (2.) Notwithstanding anything in the Primlipal Act to the contrary, no registration fee shall be payable in respect of any mortgage executed to secure an advance under this Act or any release of such mortgage. Amend- ments of Principal Act. Collective title. 30. (1.) The Principal Act is amended as hereunder set forth. (2.) The Principal Act with such amendments may collectively be cited as *" The Land Acts, 1910 to 1946." Power to 31. (1.) In order. to make further provision for the Gopreanzing settlement on the land of discharged members of the Selections Forces, the Minister, with the approval of the Governor efoxrclusively in Council, may declare land open for grazing selection discharged exclusively by discharged members of the Forces. The tmheemFboerrcseso. f nouf mfivbeeryoefarpsorftrioomnstohfe laconmd mtoenbceemsoeonpt eonfetdhfisorAactpesrhiaoldl not be less than fifty per centum of the total number of portions to be opened for grazing selection as Homesteads during such period. (2.) For the purposes of this section the Principal Act is accordingly amended as follows:- In subsection two of section fifty-four, after para- graph (iVD.), a new paragraph "(iVE.) " is inserted, namely:- Opening of Grazing Selections for discharged members of the Forces. "(iVE.) (a) For the purpose of giving effect to the provisions of section thirty-one of t" The War Service Land Settlement Act of 1946," restrict, in respect of Grazing Selections, the * 1 G. 5 No. 15 and amending Acts, v. 5, p. 15 et 8eq. t This Act.

1946. LANDS. War Service Land Settlement Act. 249 PART IV.- MJs- CELLANEOUS. right of applying for any particular portion or portions comprised in the notification to persons who are discharged members of the Forces. For the purposes of this paragraph the term "discharged member of the Forces" shall have the same meaning as the term "eligible person" defined in clause (a) of section three of *" The War Service Land Settlement Act of 1946." (b) This paragraph (ivE.) shall remain in operation for a period of five years from the commence- ment of *" 'The War Service Land Settlement Act of 1946 "." 3 2 Section 93A of the Principal Act is repealed : ~ ef; : . ' of Provided that the repeal of the said section 93A shall not prejudice or affect any right, privilege, obliga- tion, or liability acquired, accrued, or incurred under such repealed section, or prejudice or affect any action taken thereunder or anything duly done or suffered thereunder. 33. (1.) The Minister may suspend the condition ofPow:ers o~ personal resl' dence or conditI'On 0.1 J! occupat"IOn In respect M tim m e IB o t f er w In ar. of any holding during the absence of the lessee while engaged as a member of the Forces, and for a further period of six months after his discharge from the Forces. During the period of any such suspension the prescribed condition shall be deemed to have been performed in the manner prescribed by law. (2.) During any absence while engaged as a member of the Forces a lessee or licensee of any holding or license shall be relieved from the payment of any rent which may accrue for the period of his absence and shall be entitled to have postponed until after his discharge payment of any instalment of survey fee which may fall due during such absence. Moreover, during such absence the time shall not run for the purposes of the periods of five years and three years respectively referred to in sections seventy-eight, seventy-nine, and eighty-four of the Principal Act or for the purpose of a period of twelve months referred to in the proviso to the said section seventy-eight, or for .. This Act.

250 11 PART IV.- :MIS- CELLANEOUS. LANDS. War Service Land Settlement Act. 10 GEO. VI. No. 2: ~ , the purposes of any prescribed periods within which development or improvement conditions are required to be complied with. (3.) Notwithstanding anything in the Principal Act, when a lessee has served as a member of the Forces the term of his lease shall be deemed to be and shall be extended for a period equal in duration to the time during which such lessee has served as a member of the Forces. (4.) When the lease of an agricultural farm has been extended under the last preceding subsection and the selector obtains a certificate under section one hundred of the Principal Act the payment to be made by him under Schedule IV. of the Principal Act shall be adjusted by the Minister in conformity with the extended term of the lease. (5.) In the case where a joint tenant or a tenant in common of a holding or license serves as a member of the Forces, the concessions referred to in subsections one, two, three, and four of this section shall be applied in such manner and to such extent as the Minister in his absolute discretion shall determine, provided that relief from the payment of rent during the absence of any such joint tenant or tenant in common shall be determined in accordance with the interest of such joint tenant or tenant in common in the holding or license. Power of 34. Notwithstanding anything in the Principal Act Mpeirnmisitter to contained, the Minister in his absolute discretion may, transfer at any time during the service of a lessee as a member during war. of the Forces during the war, permit the transfer of any holding held by such lessee. Interpreta. tion. Member of the Forces. 35. For the purposes of sections thirty-three and thirty-four of this Act- (i.) The term "member of the Forces" means a person who, during the war which com- menced on the third day of September, one thousand nine hundred and thirty-nine, including any other war in which His Majesty became engaged after that date and before the passing of *" The War Service Land Settle- ment Act of 1946," serves- (a) As a member of any of His Majesty's Naval, Military, or Air Forces; * This Act.

1946. LANDS. War Service Land Settlement Act. 251 PART IV.- MIS- OELLANEOUS. (b) As a member of the Citizen Forces and who was enlisted, appointed, or called up for continuous service for the duration of, and directly in connection with, the war; (c) As a member of any of the undermentioned services who was engaged on continuous and full- time service:- The Royal Australian Naval Nursing Service, The Women's Royal Australian Naval Service, The Australian Army Nursing Service, The Australian Women's Army Service, The Australian Army Medical Women's Service, The Royal Australian Air Force Nursing Service, The Women's Auxiliary Australian Air Force; (d) As a member of a Voluntary Aid Detach- ment and who was engaged on continuous full-time paid duty with any part of the Defence Force; (e) In any capacity in sea-going service on a ship other than a ship belonging to His Majesty's Naval Forces. (ii.) The term "war" means the war which War. commenced on the third day of September, one thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and prior to the commencement of this Act. 36. All acts, matters, and things done or executed Ratification by the Minister prior to the passing of this Act, which of acts. if done or executed subsequent to the passing of this Act would be valid and lawful, are hereby approved, confirmed, and validated for all purposes.