Wheatgrowers Relief Act 1941 (NSW)
WHEATGROWERS RELIEF ACT.
Act No. 4, 1911.
' George VI. An Act to provide for the application of certain
moneys paid to the State by the Common wealth of Australia for the purpose of the alleviation of hardship suffered by wheat- growers in consequence of drought ; to amend the Farmers' Relief Act, 1932-1940, and for purposes connected therewith. [Assented to, 28th March, 1941.]
T J E it enacted by the King’s Most Excellent Majesty, f j by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows
| Short title. | 1 , This Act may be cited as the “ Wheatgrowers |
Belief Act, 1941.”
Wheatgrowers Relief Act.
| 2 . In this Act, unless the context or subject matter otherwise indicates or requires— | ^̂ 41- |
Uciiniuons.
“ Commonwealth Act” means the States Grants (Drought Relief) Act, 1940, of the Parliament of the Commonwealth of Australia.
‘̂Person” includes any body of persons corporate or unincori)orate.
“ Prescribed” means prescribed by this Act or by the regulations.
“ Regulations” means regulations made under this
Act.
“ Special account” means the Wheatgrowers Relief 1941 Account established under section three of this Act.
o . All moneys paid to the State by tlie Commonwealth Application
in pursuance of the Commonwealth Act shall be carried
to a special account in the Treasury to be called the CommOT-"̂
“ Wheatgrowers Relief 1941 Account.” Such moneys
shall be applied and distributed within the State in
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 Payment
account shall be made to the prescribed authority and
shall be in or to the effect of the prescribed form, or cf. ActNo.
whore no such form is prescribed, shall be in or to the 32,1938,
effect of a form provided by the proscribed authority.
(2) A payment from the special account shall not be made unless the proscribed conditions have been com plied with and the applicant has complied with the requirements of any notice given to him under section seven of this Act.
(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 representa tive.
5 . The Rural Bank of New South Wales through its Appointment
Rural Industries Agency shall be the prescribed authority,
| authority for the purposes of this Act. | cf. Ibid. 9. 5. |
16 Wheatgrowers Relief Act.
| No- 4̂ 1941. | 0 ̂ Notwithstanding anything in the Census Act, 1901, |
Government the Government Statistician may supply to the pre- mâ ŵippiy authority such information as may he in his
information, possession whicli may assist in the application and dis- c f.A ctN o . tribution of the moneys in the special account in 32,1938,8.7. accordance with this Act.
| Powerto | 7 . (1) The prescribed authority or any person thereto t̂ . 8.8. notice in writing call upon any person to furnish to the prescribed authority or such authorised person within 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 with this Act or the regulations or any suspected contravention thereof. |
| f̂ormation | authorised ill writing by the prescribed authority may by |
| cf.76 | |
| Any such notice may be given to the person to whom it is addressed, personally or by registered letter sent through the post to his last knoAvn place of abode or business in New South Wales. | |
| (2) Any person who without reasonable excuse fails, after receipt of a notice under subsection one of this section, to comply with the requirements of the notice shall be guilty of an offence and shall be liable to a penalty not exceeding two hundred pounds. |
| Offences, | 8 . (1) Any person who— |
| t f . Ibid. 8. 9. | (a) | obtains or attempts to obtain payment of any moneys from the special account to which he is not entitled; |
| (b) | makes any statement in any application under this Act which is false or misleading in any material particular, |
shall be guilty of an offence and shall be liable to a
penalty not exceeding two hundred pounds.
(2) Where any person has been convicted of an offence against subsection one of this section he shall be liable to forfeit all moneys Avhich would otherwise be payable to him from the special account.
(3) Where any amount has been paid from the
special account to any person Avho is not entitled thereto,
he shall forthwith repay such amount to the prescribed
authority
| Wheatgrowers Relief Act. | 17 |
authority and, if he fails so to do, such amount may be recovered by the prescribed authority as a debt in any court of competent jurisdiction.
9 . (1) Any person contravening any of the provisions Penalties,
of this Act or the regulations where no penalty is
| expressly provided shall be liable to a penalty not exceed- | io, ’ | , |
| ing one hundred pounds. | ||
| (2) Any penalty imposed by this Act or the regula tions may be recovered in a summary manner before a stipendiary or police magistrate. |
10 . (1) The Governor may make regulations not in- Regulations,
consistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed 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 applicants in respect of their applications; |
| (c) | require applications made and information furnished to be verified by statutory declara tions ; |
(d) prescribe the forms required under this Act;
| (e) | prescribe the time within which applications shall be lodged; |
| (f) | prescribe the basis of payment under this Act to wheatgrowers who are parties to a share farming agreement. |
(.2) Such regulations shall—
| ; | (i) be published in the Gazette; | |||
|
Local Government (Patriotic Purposes) Act.
| Ko. 4, 1941. | If either House of Parliament passes a resolu tion of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect. |
| Amomlment | 1 1 . The Fanners’ Relief Act, 1932-1940, is amended |
| of Act No. 33, |
| ]$32. | by inserting after section 3 3 e the following new sec |
| N«w sec. 33f, | tion:— |
| Payments |
| under | 3 3 f . The property and interest of any farmer in |
| certain Acts | any moneys received by him out of moneys received |
| protected. | by the State of New South Wales under the States Grants (Droiiglit Belief) Act, 1940, of the Parliament of the Commonwealth of Australia and applied by that State in accordance with the Wheatgrowers Relief Act, 1941, of the Parliament of the said State shall be unaffected by this Act. |
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