Wheat Advances Agreement Ratification Act of 1921 (12 Geo v No. 25) (Qld)

9636 AGRICULTURE. Wheat Advances Agreement Ratification Act. 12 GEO. V. No. 25, If either House of Parliament, within the next forty sitting days after any regulations have been so laid before such House, resolves that such regulations 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 validity of anything done in the meantime under such regulations or to tIle making of any new regulations. Offences, how tried. 6. All proceedings for offences against this Act may be had, taken, and determined in a summary manner under *" The Justices Acts, 1886 to 1909" ; Provided that no proceedings for any offence against this Act shall he instituted except by the direction of the Attorney-General. . Appropria- 7. The expenses of carrying this Act into effect shall tion. be defrayed out of moneys to he from time to time appropriated by Parliament for the purpose. 12NoG.eo 2 . 5. V. An Act to Approve, Confirm, and Ratify an Agree- THE ment dated 5th April, 1921, between the 'WHEAT ADVANCES Commonwealth of Australia, the State of AGREEMENT RATIFICA- TION ACT OF 1921. Queensland, and certain Banks respecting Advances of Money required to Pay for Wheat delivered to the State Wheat Board,. and for other consequential purposes. [ASSENTED TO 12'rH NOVEMBER, 1921.] B E it emlCted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and hy tile authority of the same~ as follows ; - Short title. 1. This Act may be cited as "The Wheat Advances Agreement Ratification Act 0/ 1921." Ratification 2. (1.) The Agreement dated the fifth day of April,. A of greement. one thousand nine hundred and twenty-one, between the Commonwealth of Australia, the State of Queensland,. and certain Banking Corporations, a copy whereof is set Schedule. forth in the Schedule to this Act, is hereby approved,. confirmed, and ratified. * 50 Vic. No. 17, ii6 Vie. No. 23, and 9 Edw. VU. No. 1, su.pra, pages 1132 e: seq.

AGRICULTURE. 9637 1921. Wheat Advances Agreement Ratification Act. (2.) All sums of money necessary to be paid by the ~pproprilL' State of Queensland for carrying the said Agreement hon. into executhm are hereby appropriated out of the Consolidated Revenue Fund. THE SOHEDULE. MEMORANDUM OF AGREEMENT made the fifth day of April One thousand nine hundred and twenty-one BETWEEN THE OOM- MONWEALTH OF ACS'rRALIA (hereinafter called the "Oom- monwealth") of the first part THE STATE OF QUEENSLAND "(hereinafter called the "State") of the second part and THE BANKING OORPORATIONS NAMED IN THE SCHEDULE HERETO (each being hereinafter referred to in the term "Bank" and all being embraced in the term "Banks") of the third part. WHEREAS the State has provided Ior the control and delivery to the State Wheat Board to be appointed under *" The Wheat Popl Act of 1920" of the State (hereinafter called the "Board") of wheat grown in the State during the Season 1920-1921: AND WHEREAS The Oommonwealth has on behalf of the State requested the Banks to make advances of the money required to pay for the wheat to be so delivered and for the other purposes hereinafter mentioned: AND WHEREAS the Banks have agreed to make such advances under the conditions set forth in this Agreement upon the Oommon- wealth agreeing as hereinafter provided to guarantee repayment by the State to the Banks of the advances so made: Now 'l'HIS AGREEMENT WITNESSETH THAT- 1. (a) The State agrees that- (1) The Board will issue in respect of wheat of the season 1920-1921 delivered to the Board wheat certificates as follows- (i.) An original wheat certificate setting forth- The name and address of the person entitled to payment for the wheat; 'l'he quantity of wheat delivered; 'rhe place of delivery of the wheat; The amount Of any) to be deducted from the price of the wheat as dockage for inferior quality; and All such other particulars as shall be reasonably neces- sary or convenient to enable the scheme embodied in this Agreement to be carried into effect and to prevent frauds being perpetrated; and (ii.) A surplus or other special wheat certificate setting forth particulars similar to those in the original wheat * 11 Geo. Y. No. 4, supra, page 9513.

9638 AGRICULTURE. Wheat Advances Agreement Rat(fication Act. 12 GEO. V. No. 25, certificate and making provision for any further amounts which may become payable by the State for the wheat in addition to the payments provided for in the original wheat certificate. (2) The original wheat certificate shall be divisible into two parts one to be retained by the Bank on paying the first instalment and the other to be retained by the Bank on paying the second instalment of the first advance hereinafter referred to. (3) The Board will notify the Banks of the officers of the Board for the time being having authority to issue sueh certifieates. 2. The Banks jointly and severally agree that- (a) The advances under this Agreement shall be- Firstly: 'rhe sum of five shillings (5s.) per bushel of wheat delivered to the Board less the amount (if any) to be deducted as dockage for inferior quality shown on the origi nal wheat certificate; and Secondly: Such an amount or amounts not exceeding in all seven penee (7d.) per bushel of wheat so delivered as shall be required to cover the cost of freight, handling and other expenses. (b) The advance of five shillings referred to in subclause (a) of this clause shall be available as fo11ows- A first instalment of two shillings and six pence (2s. 6d.) per bushel on or after the thirty-first day of January One thousand nine hundred and twenty-one; and .A second instalmrnt of two shillings and six pence (2s. 6d.) per bushel on or after the thirtieth day of April One thousand nine hundred and twenty-one. 'rhe aE10lmt (if any) to be deducted as dockage shall be deducted wholly from the first instalment unless such dockage exceeds two shillings and six pence (2s. 6d.) per bushel in which case the excess shall be deducted from the second instalment. (c) For the purpose of this Agreement presentation of a: wheat ccrtificate to a Bank for payment shall mean presentation of the ccrtificate at the Bank or branch of the Bank specified in the certificate; (d) On presentation to a Bank for payment of an original wheat certificate issued in accordance with Clause 1 of this Agreement the Bank shall at the times and in the manner set forth in subclause (b) of this clause pay to. the person entitled to payment thereof the net amount specified as payable in such certificate; (e) If the Banks shall be requested in writing so to do by the Treasurer of the Commonwealth (hereinafter called the "'1'reasurer") on behalf of the Board they and each of them (wheneycr a surplus or other special wheat certifi- cate issued in accordance with Clause 1 of this Agree- ment is presented to a Bank for payment) will to the

AGRICULTURE. 1921. Wheat Advances Agreement Ratification Act. - - - - ~ - - - - - - - - - - -- extent and subject to the conditions contained in the '1'reasurer's request pay to the person entitled to pay- ment thereof an amount calculated in accordance with the terms contained in the Treasurer's request. 3. Subject to the provisions of the said 'kc" Wheat Pool Act of 1920" the person named as entitled to payment in any certificate issued by the Board may by writing endorsed on the certificate and signed'by him order payment of the second instalment herein- before mentioned to be made on his behalf to any other person and payment of that instahncnt by a Bank in accordance with the tenor of the certificate and of flny such order shall be deemed to be pay- ment to the person named in the certificate. 4. Every amount paid by a Bank in good faith and without negligence in respect of any original or surplus wheat certificate in accordance 'with the tenor thereof and in accordance with the terms of any request of the Treasurer applicable thereto shall be deemed an advance made by the Bank undcr this Agreement and shall be binding on the State notwithstanding- (i.) Any fraudulent manipulation or alteration of any docu- ment on the authority of which the amonnt may have been paid; (ii.) Any mistake as to the identity of any party presenting or claiming under any document on the authority of ,,,hich the amount lllay have been paid; (jii.) Any fraudulent impersonation or misrepresentation of identity of any party presfmting or dealing with any document on the authority of 'which the amount may have been paid. 5. 'l'he Banks jointly and severally agree to arrange among tlwmsE'lves a scheme wherebY the Commonwealth Bank of Australia will- act as the "Distributing Bank" ~ll1d will adjust accounts between all the Banks for the purposes of this Agreement, o. Each of the Banks agrees to render from time to time to the Board acC'ounts showing the advances made by each of the Banks undel' this Agreement and at the same time to deliver to the Board aE wheat certificates in respect of ,vhich advances have been made. 7. Bach of the Banks agrees that inland exchange shall not be chargeable on advailCes made or moneys received by it under this Agreement but the State <lgrees that in lieu thereof the Board will pay to the Banks exchange at the flat rate of one shilling (Is.) per One hundred pounds (£100) on all advances made under this Agreement on presentation of wheat certificates and such exchange shall be deemed to be an advance made bv the Banks under this Agreement. . 8. If sales of wheat are at any time made against shipping documents the Banks joiutly and severally agree to negotiate or discount such documents and shaH in COIlnexion therewith be entitled to charge the raL, of exchange current at that time in the State. * 11 Gpo. Y. ~ o. 4, supra, p"gc 951:1. 9639

9640 AGRICULTURE. Wheat Advances Agreement Ratification Act. 12 GEO. V. No. 25, 9. (1.) The State agrees to pay to the Banks interest at the rate of six per centum (6 per cent.) per annum accruing from day to day with half-yearly rests on the total amount for the time being remaining unrepaid of the advances made bv the Banks unrler this Agreement. • (2.) The said rate of interest shall continue until the expira- tion of one month's notiee in writing by the Ba nks to the 1'reasurer or the Banks' desire to review the rate and thereafter the rate of interest shall be as mutually agreed upon by all parties to this Agreement. 10. Each of the Banks may at any time require of the Common- wealth that the latter ~ hall deposit with it moneys of the Com- monwealth not exceeding the amount of the balance then unrepaid of advances made by such Bank to the Board And the Common- wealth covenants with each Bank that on receipt by the Treasurer of a request in writing in that behalf by such Bank the Common- wealth will promptly effeet such deposit whereupon the following provisions of this clause :o;hall govern the relations of the Common- wealth and the Bank receiving such deposit:- (a) The Bank will pay to the Commonwealth interest at the rate of five and one-half per centum (5t per cent.) per annum on the amount for the time being of the deposit, and such interest shall accrue from day to day from the date of effecting the deposit; (b) The Bank shall be entitled at any time to repay in whole or in part to the CommOIm-ealth the amount for the time being of the deposit paying therewith all interest accrued on the amount so paid to date of payment; (c) Whenever the amount of the balance owing to the Bank by the State becomes reduced below the amount for the time being of the deposit the Bank shall repay to the Commonwealth so much of the deposit as is in excess of such balanee and interest shall thereupon cease to be payable on the deposit to the extent of such repayment; (d) Interest on deposits and/or portions of deposits shall be due and payable to the Commonwealth on the date upon which the deposit and/or part thereof is returned or becomes payable to the Commonwealth under this clause. 11. (1.) The State agrees to repay to the Banks all advances made by the Banks under this Agreement. (2.) Repayments to any amount may be made from time to time and at any time by the State to the Commollwealth Bunk of Australia either in Australia or in London. (3.) The Commonwealth Bank of Australia shall forthwith pay 01' credit to eaeh Bank an amount of each repayment propor- tionate to the total advanees made under this Agreement by such Bank and then remaining unrepaid. (4.) Interest on the amount of the advances so repaid shall cease to accrue against the State on the date on which the repay- ment is made.

AGRICULTURE. 1921. Wheat Advances Agreement Ratification Act. (5.) Repayments made in Australia shall be credited at the full amount received by the Commonwealth Bank of Australia and repayments made in London shall be credited in the same manner as if the amounts repaid had been received in Australia in the customary way of credits for proceeds of realisations of wheat One hundred pounds (£100) being credited in full in Australia for eVflry one hundred pounds (£100) so repaid or made available in IJondon. . (6.) The State agrees that repayments to an amount represent~ ing two shillings and six pence (2s. 6d.) per bushel of wheat delivered to the Board shall be made by the State on or before the thirtieth day of June One thousand nine hundred and twenty-one. (7.) The State agrees that the advances shall be fully repaid by the State on or before the thirty-first day of December One thousand nine hundred and twenty-one. 12. The Banks jointly and severally agree that if through any unforeseen or exceptional circumstances the advances have not been fully repaid by the thirty-first day of December One thousand nine hundred and twenty-one the Banks will review the position with a view of arranging an extension of time for payment thereof. ,13. The State agrees that the Board will as far as possible expedite the sale of the wheat and will do all things necessary to Ratisfactorily and successfully operate the scheme embodied in this Agreement. 14. The Commonwealth guarantees to the Banks that all advances made by the Banks under this Agreement shall be duly repaid by the Statc together with all interest and other charges payable in respect of the said advances. 15~ In consideration of the guarantee given by the Common- wealth to the Banks in accordance with Clause 14 of this Agree- ment the State hereby undertakes and agrees with the Common- wealth that it will forthwith on demand by the Treasurer to the Secretary for Agriculture and Stock of the State refund to the Commonwealth any amounts which the Commonwealth may pur- suant to the said guarantee be called upon to pay and shall pay on hehalf of the State to the Banks or any of them. Ira. The undertaking and agreement by the State contained in Clause 15 of this Agreement is given and made on behalf of the State by the Secretary for Agriculture and Stock of the State pursuant to all powers in that behalf thereunto enabling him and the State and with intent to bind the State and (as testified by his signature to this Agreement) he undertakes and agrees for and on behalf of the Government of the State that such Govern- ment will at the earliest opportunity introduce into and take every step reasonably possible to have enacted by the Parliament of the State legislation which will make this Agreement and each and every undertaking and agreement by the State herein contained legally enforceable against the State in so far as they are not now legally enforceable against that State if at alL 17. The accounts of the Board shall be audited by the Auditor- General of the State who shall forward to the Treasurer a report thereon. 9641

9642 AGRICULTURE. Wheat Advances Agreement Ratifi,'Jation Act. 12 GEO. V,. No. 25, 18. A request to the Banks by the Treasurer under this Agree- ment shall be deemed to have been duly made to and served upon the Banks if a copy thereof signed by or for the Secretary to the Commonwealth Treasury is sent by telegram or posted by. prepaid post addressed to the head office in Australia of each of the Banks. Every such telegram or letter shall be deemed to have been received by the Bank to which it is addressed at the time when in the ordinary course of telegraphic business or post (as the case may be) it would have been delivered at the address stated therein. 19. All transactions and accountings per bushel of wheat under this Agreement shall be on the basis of a bushel of sixty pounds (60 lb.) weight. 20. 'l'his Agreement shall be deemed to have been in force from the first day of January One thousand nine hundred and twenty- one. SCHEDULE. The Australian Bank of Commerce Limited. The Bank of Australasia. Th" Bank of New South Wales. The Bank of Queensland Limited. The Commercial Banking Company of Sydney Limited. The Commercial Bank of Australia Limited. The Commonwealth Bank of Australia. The English Scottish and Australian Bank Limited. The National Bank of Australasia Limited (with which is incorporated the Colonial Bank of Australasia Limited). The Queensland National Bank Limited. The Union Bank of Australia Limited. IN WITNESS WHEREOF the said parties have executed these presents the day and year first before written. For and on behalf of the Commonwealth of Australia W. M. HUGHES, Witness: P. E. DEANE. Prime Minister. For and on behalf of the State of Queensland ALFRED J. JONES, For Secretary for Agriculture and Witness: HENRY MARSHALL. Stock. For the Australian Bank of Commerce Limited C. M. C. SHANNON, Witness: R. A. THOMAS. General Manager.

AGRICULTURE. 1921. Wheat Advance8 Agreement Ratification Act. Signed and Sealed by the Bank ofl J, Australasia by its Attorney l C. J. HENDERSON, CHARLES JAMES HENDERSON in [L.S.] the presence of H.C. H. C. CRICKJ\lER. For the Bank of New South Wales J. RUSSELL FRENCH, ' ~ ' itncss: SYDNEY :EVANS. General Manager. The Bank of Queensland Limited by its Attorney J. MACKENZIE LEES. Witness: WM. MORR-\.LL, J.P. For the Commercial Banking Company of Sydney Limited H. H. MASSIE, VVitnes8: J. N. ROXBURGH. General Manager. I cf'rtify that the Seal of the Com- mercial Bank of Australia Limited was affixed hereto by me and that I am the officer appointed by the said Bank for that purpose [SEAL.] H. L HERON, General Manager For the Commonwealth Bank of Australia DENISON MILLER, Witness: H. T. ARMITAGE, J.P. Governor. Signed and Sealed by the English I J r Scottish and Australian Bank I The English Scottish and Limited by its Attorney Australian Bank Limited CHARLES WILLIAM WREN in t,he by its Attorney presence of C. W. WREN. ~ F. M. REID¥. [L.S.] For the National Bank of Australasia Limited J. WILSON, Witness: OSMOND Y. GIBSON. Chief Manager. 9(;43

9644 AGRICULTURE.-AIR NAVIGATION. Commonwealth Powers (Air Navigation). 12 GEa. V. No. 30, 1921- For the Queensland National Bank Limited J. M. HAYMEN, Witness: W. F. MAXWELL. General Manager. Signed and Sealed by the Union I The Union Bank of Aus- Bank of Australia Limited by ~ tralia Limited by its its Attorney JOHN FORDYCE in i Attorne v the presence of J J. FORDYCE. ALAN BROATCH. [L.S.] AIR NAVIGATION. 12 Geo. Y. An Act to refer to the Parliament of the Common- )10. 30. THE wealth the Control of Air Navigation; and for COMMON- purposes connected therewith. WEALTH POWERS(AlR )lA VHIATION ) [ASSENTED TO 15TH NOVEMBER, 1921.] W ACT OF 1921. HEREAS it is enacted by the constitution of the Commonwealth of Australia that the Parliament of the Commonwealth shall, subject to the constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to matters referred to the Parliament of the Common- wealth by the Parliament or Parliaments of any State or States, but so that the la\v shall extend onlv to States by whose Parliaments the ma.tter is referred, or which afterwards adopt the law: And whereas a convention for determining by a common agreement certain uniform rules with respect to international air navigation was signed on behalf of His' Majesty in Paris on the thirtieth day of October, one thousand nine hundred and nineteen: And whereas it is expedient that provision should be made by the Parliament of the Commonwealth for the control and regulation of the navigation of aircraft and for enabling effect to be given to the said convention: And whereas at a conference of the Premiers of the States held in.,May, one thousand nine hundred and twenty, it was resolved that it is desirable that each of the Parlia- ments of the States should refer to the Parliament of the Commonwealth the matter of the control of air naviga- tion, subject to the retention by each of the States of certain rights and powers specified in the resolution: Be it therefore enacted by t.he King's Most Excellent Majesty, by and with the advice and consent of the