Wheat Industry Stabilization Act 1938 (NSW)
456 Wheat Industry Stabilization Act.
WHEAT INDUSTRY
STABILIZATION ACT.
Act No. 32, 1938.
George V. An Act to provide for the application of certain
■ “ ■ moneys paid to the State by the Common wealth of Australia for the provision of assistance to the wheat industry; to provide for the application of certain moneys collec ted under the provisions of the Flour Acquisition Act, 1931-1935; and for pur poses connected therewith. [Assented to, 14th December, 1938.]
T )E it enacted by the Kin;ts Most Excellent Majesty, f l by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South AVales in rarliainent assembled, and by the authority of the same, as follows
| Shoit title. | 1 . (1) This Act may be cited as the | ‘Wheat Industry |
Stabilization Act, 1938. ’ ’
| Commence | (2) This Act shall commence upon a date to be |
| ment. | appointed by the Governor and notified by proclamation published in the Gazette. |
| Definitions. | 2 . In this Act, unless the context or subject matter |
otherwise indicates or requires—
“ Commonwealth Act’’ means the Wheat Industry Assistance Act, 1938, of the Parliament of the Commonwealth of Australia.
“ Person’’ includes any body of persons corporate or
unincorporate.
“ Prescribed”
| Wheat Industry Stabilization Act. | 457 |
“ Prescribed” means prescribed by tbis Act or by
the regulations.
“ Eegulations” means regulations made under this
Act.
“ Special Account” means the Wheat Industry Stabilization Account established under section three of this Act.
3 . All moneys paid to the State by the Commonwealth AppUcatioE.
in pursuance of the Commonwealth Act shall be carried
to a special account in the Treasury to be called the commL-
| “ Wheat Industry Stabilization Account.” | Such moneys |
shall be applied and distributed within the State in state,
accordance with the conditions subject to which the
moneys are so paid to the State and not otherwise.
4 . (1) Applications for payments out of the special p.aymontte
account shall be made to the proscribed authority and
| shall be in or to the effect of the prescribed form. | ' | ||
| (2) A payment from the special account shall not be made unless the prescribed conditions have been com plied with and any information required under this Act has been furnished by the applicant. | |||
| (3) Any amount payable under this Act to a wheat- grower shall not be paid to any person other than the | |||
| wheatgrower or the trustee of his estate or, where the | |||
| wheatgrower is dead, to his legal personal representative. |
|
| 5 . The Eural Bank of Ncav South Wales through its Appoint- | . |
| Eural Industries Agency shall be the prescribed authority “ “it of | , |
| for the purposes of this Act. | luthorUy!̂ ' |
0 . For the purpose of augmenting the moneys in the Transfer
special account, such sum or sums as may from time
to time be fixed by the Governor shall be transferred to certain
tliat account from the moneys at credit of the Flour
Acquisition Act No. 10,1931, Account in Special Deposits under riour
Account. Any sum transferred under this section shall
be applied and distributed in accordance with the condi- "cf. ActNo.
| tions subject to which moneys are paid to the State by the oo, 1932, | S . 3 . |
| Commonwealth pursuant to subsection one of section seven of the Commonwealth Act. |
7,
| 45S | Wheat Industry Stabilization Act. |
| No. ^,^1938. | Notwithstanding anything in the Census Act, 1901, |
| OovL'i inneiit | Government Statistician may supply to the prescribed |
| o t H t l B t t C ' K t l L | j * | 1 | • | T * | * |
may supi.iy authority such intormation as may be in ins possession
information. may assist in the application and distribution of
| 9^1030 ̂ °ii | moneys in the special account in accordance with |
| ’ | ’ | this Act. |
Power to 8 . (1) The prescribed authority or any person thereto
information authorised in writing by the prescribed authority may by
(-f ih i>i . notice in writing call upon any person to furnish to the
| s. 10. | prescribed authority or such authorised person Avithin such time as is specified in the notice such books and documents and such information as the prescribed authority or such authorised person thinks necessary in relation to compliance Avith this Act or the regulations or any suspected contraA^entioii thereof. |
| Any such notice may be given to the person to Avhom it is addressed, personally or by registered letter sent through the post to iiis last knoAvn place of abode or busi ness in New South Wales. |
(2) Any person who AAuthout reasonable excuse
fails, after receipt of a notice under subsection one of this section, to comply Avith the requirements of the notice shall be guilty, of an offence and shall be liable to a penalty not exceeding tAvo hundred pounds.
| OlTcncc.?. | 9 . (1) Any person who— |
| cf. Ibid. |
| s. 9. | (a) | obtains or attempts to obtain payment of any moneys from the special account to which he is not entitled; |
(1)) makes any statement in any application under this Act AAdiich is false or misleading in any material particular,
shall be guilty of an offence and shall be liable to a
penalty not exceeding tAvo hundred pounds.
(2) Where any person has been convicted of an offence against subsection one of this section he shall bo liable to forfeit ail moneys AA'hich Avould otherAvise be pay able to iiim from the special account.
(3)
| Wheat Industry Stabilization Act. | 459 |
(3) Where any amount has been paid from the special account to any person who is not entitled thereto, he shall forthwith repay such amount to the prescribed authority and, if he fails so to do, such amount may l)o recovered by the prescribed authority as a debt in any court of competent jurisdiction.
10 . (1) Any person contravening any of the provi- J’diaiiics.
sions of this Act or the regulations where no penalty is expressly provided shall be liable to a penalty not exceed ing one hundred pounds.
(2) Any penalty imposed by this Act or tlio regulations may be recovered in a summary manner before a Stipendiary or Police Magistrate.
11 . (1) The Governor may make regulations not in- 3̂ (gui,-itions.
consistent with this Act prescribing all matters which are
required or permitted to be prescribed or which are neces
| sary or convenient to bo proscribed for carrying out or | • |
| giving effect to this Act, and in particular and without prejudice to the generality of the foregoing power the Governor may— |
| (a) | prescribe the manner of making applications under this Act; |
| (b) | require information to be furnished by appli cants in respect of their applications; |
| ' | (c) | require applications made and information fur nished to be verified by statutory declarations; |
| ' | (d) prescribe the forms required under this Act; | |||
| ||||
| (2) Such regulations shall— (!) be published in the Gazette; | ||||
|
(iii)
460 Loan Act.
| Na. 32, 1938. |
(iii) bo laid before both Houses of Parliament, within fourteen sitting' days after publication i:’ Parliament is in session and, if not, then withii, fourteen sitting days after the cornmencemen , of the next session. If either House of Parlia ment passes a resolution of which notice has been given at any time ivithin fifteen sitting days after such regulations have been laid before such House disallo-wing any regulation or part thereof, such regulation or part shall thereupo’x cease to have effect.
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