Wild Dog Destruction (Amendment) Act 1979 (NSW)

WILD DOG DESTRUCTION (AMENDMENT)

ACT, 1979, No. 143

l^ales!

ANNO VICESIMO OCTAVO

ELIZABETH/E II REGINA

Act No. 143, 1979.

An Act to amend the Wild Dog Destruction Act, 1921, to make further provision with respect to rates and subsidies and to enable borrowing for the purposes of the Act. [Assented to, 28th November, 1979.]

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative 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 “Wild Dog Destruction

(Amendment) Act, 1979”.

Schedules. 2. This Act contains the following Schedules :—

SCHEDULE 1.— Amendments to the Wild Dog

Destruction Act, 1921, with Respect to Finance.

SCHEDULE 2.— Âmendments to the Wild Dog

Destruction Act, 1921, by way of Statute Law

Revision.

Amendment 3. The Wild Dog Destruction Act, 1921, is amended in the

17̂ 1927° manner set forth in Schedules 1 and 2.

Sec. 3. SCHEDULE 1.

Amendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance.

(1) (a) Section 12 (1 )—

Omit “The board”, insert instead “Except as provided in this section, the board”.

Act No. 143, 1979.

Wild Dog Destruction (Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(b) Section 12 (1 )—

Omit “0.8 cents”, insert instead “the prescribed amount”.

(c) Section 12 (1a)—

After section 12 (1), insert

(1a) For the purposes of subsection (1) , the prescribed amount is 1 cent or, where a larger amount is prescribed by regulation made under this Act, that larger amount.

(d) Section 12 (3), (4 )—

After section 12 (2), insert :—

(3) The board shall not in any year impose or

collect a rate under subsection (1) on any land if the

total area of—

(a) that land; and

(b) where the jjerson liable for the rate on that land is also liable for the rates imposed under subsection (1) on any other land— that other land,

is less than the minimum rateable area determined in respect of that year by the board with the approval of the Minister.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

Amendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(4) Where payment of the rate imposed in respect

of any land is overdue and the board is of the opinion

. that the rate is not substantially more that it would cost the board to recover it, the board may write off that rate and, notwithstanding anything in this Act—

(a)	the board shall not at any time thereafter take proceedings for the recovery of that rate; and
(b)	that rate shall not thereafter be a charge on the land in respect of which it was imposed.

(2) Section 18—

Omit the section, insert instead :—-

Payment	18. Commencing in the year 1980, in each year there Wild Dog Destruction Fund established under this Act, without further appropriation than this Act, a sum equal to the amount of rates collected under this Act during the preceding year or the sum of $100,000, whichever is the lesser.
of	shall be paid from the Consolidated Revenue Fund to the
subsidy.

(3) (a) Section 20 (a) —

Omit “therewith; and”, insert instead “therewith;”.

(b) Section 20 (b) —

Omit “scalps; and”, insert instead “scalps;”

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(c) Section 20 (c )-( f) —

Omit section 20 (c), insert instead ^

(c)	the repayment of money borrowed under this Act;
(d)	the payment of interest on money borrowed under this Act;
(e)	the payment of the expenses of the board in borrowing money under this Act; and

(f) any other purpose approved by the Minister.

(4) Part IV, Division 4—

After section 20, insert :—■

D ivision 4.—Borrowing.

20a. The board may from time to time, with the Purposes

concurrence of the Treasurer and the approval of the '^hkh

(jovernor, borrow money tor—■

may be

borrowed.

(a) the purpose of carrying out or performing any of its powers, authorities, duties or functions;

(b) the renewal of loans; or

(c) any other purpose of this Act.

20b. ( 1) The board shall establish a reserve for loan Reserves

repayment fund in respect of each loan or renewal loan f®*’

raised by the board.	ment̂ of
loans.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

Amendments to the Wild Dog Destruction Act, 1921, with

Respect to Einance—continued.

(2) There shall, during each year, be transferred from the Wild Dog Destruction Fund to each fund estab­ lished under subsection (1) a sum not less than the sum that the board, in its application for approval of the loan, specified that it proposed to transfer to that fund.

(3) Where any land or property of any kind which has been provided out of loan money is sold before the loan has been wholly repaid, the net proceeds of the sale shall be added to the reserve for loan repayment in the appropriate fund or paid directly to the lender.

(4) Money held as a reserve for loan repayment may be invested in Government securities of the Common­ wealth or the State of New South Wales or in any securities guaranteed by the Government of that State or in such other securities as the Governor may approve or as may be prescribed, in each case at their current market price.

(5) Any interest or profits realised on investments made under subsection (4) shall be added to and form part of the reserve for loan repayment fund from which the investments were made.

(6) All money paid into the reserve for loan repayment fund in respect of any loan or renewal loan may be applied in or towards repayment of any other loan or renewal loan but may not be applied for any other purpose until the loan or renewal loan in respect of which the fund has been established has been repaid.

(7) If, after a loan has been repaid, there remains in the reserve for loan repayment fund in respect of that loan any balance, that balance shall be paid to the credit of the Wild Dog Destruction Fund.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(8) A reserve for loan repayment fund shall not

be subject to seizure in satisfaction of any debt other than

the loan in respect of which the reserve was created.

(9) This section shall not apply to any loan to be

repaid by instalments at intervals of 1 year or less.

20c. (1) For securing repayment of the prineipal and Debentures,

interest on any money borrowed, the board may, as provided by the regulations made under this Act, issue debentures, bonds, inscribed stock or other prescribed securities.

(2) Every such debenture or bond and every

coupon originally annexed to the debenture or bond, and whether separated therefrom or not, shall be transferable by simple delivery.

(3) Inscribed stock shall be transferable in the

books of the board in accordance with the regulations made

under this Act.

(4) Debentures, bonds, inscribed stock or

prescribed securities issued under this Act shall, as regards both the issue and transfer thereof for full consideration for money or money’s worth, be deemed to be included in the general exemptions from stamp duty under Part III of the Stamp Duties Act, 1920, contained in the Second Schedule to that Act.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

Payment of	20d. ( 1) The holder of a coupon originally annexed to not, shall be entitled to receive payment from the board of the interest specified in the coupon on its presentation on or after the date when, and at the place where, the interest is payable.
debentures
and	a debenture or bond, and whether separated therefrom or
coupons.

(2) The due repayment of any loan in respect of

which debentures, bonds, inscribed stock or any other prescribed securities have been issued by the board, and the interest thereon, shall be a charge upon the income and revenue of the board from whatever source arising and is hereby guaranteed by the Government.

(3) Any liability arising under the guarantee

given by subsection (2) shall be discharged out of money

provided by Parliament.

(4) The charge created by subsection (2) shall

not prejudice or affect any power of the board to sell, convey, lease or otherwise deal with, free of the charge, any property vested in it.

Trustees. 20e . ( 1) Any trustee, unless expressly forbidden by any

instrument creating the trust, may invest any trust money in his hands in stock inscribed by the board or in any debentures, bonds or other securities issued in accordance with this Act, and the investment shall be deemed to be an investment authorised by the Trustee Act, 1925.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(2) Any debenture or bond issued, stock inscribed, or other security issued, in pursuance of this Act, shall be a lawful investment for any money which any company, council or body corporate, incorporated by any Act, is authorised or directed to invest in addition to any other investment authorised for the investment of that money.

(3) No notice of any express, implied or construc­ tive trust shall be received by the board or by any member or employee of the board in relation to any debenture or coupon issued or stock inscribed by the board.

20f . (1) If any debenture or bond issued by the board Lost

is lost, destroyed or defaced before it has been redeemed,

"

the board may, subject to the provisions of this section,

issue a new debenture or bond in its place.

(2) A new debenture or bond, issued under subsection (1) with interest coupon annexed, shall bear the same date, number, principal sum and rate of interest as the lost, destroyed or defaced debenture or bond.

(3) Where a debenture or bond is lost or destroyed, a new debenture or bond shall not be issued unless—

(a)	it has been established to the satisfaction of the Supreme Court that the debenture or bond has been lost or destroyed before redemption;
(b)	such advertisements as the Court may direct have been published;
(c)	6 months have elapsed since the publication of the last of the advertisements; and

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 1—continued.

A mendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(d) sufficient security has been given to the board to indemnify it against any double payment if the missing debenture or bond is at any time thereafter presented for redemption.

(4) Where a debenture or bond is defaced, a new debenture or bond shall not be issued unless and until the defaced debenture or bond is lodged with the board for cancellation.

(5) The provisions of this section shall apply to and in respect of a lost, destroyed or defaced coupon in the same way as they apply to and in respect of a lost, destroyed or defaced debenture or bond.

Protection	20g. (1) A person advancing money to the board shall not be bound to inquire into the application of the money advanced or be in any way responsible for its non­ application or misapplication.
of
investors.
(2) A notification in the Gazette of the approval of the Governor having been given to a borrowing by the board shall, in favour of a lender and of any holder of a security given by the board, be conclusive evidence that all conditions precedent to the borrowing have been complied with.

Debentures,	20h. All debentures, bonds, stock or other securities
bonds, etc.,

to rank

which are secured upon the income and revenue of the

pari passu.

board shall rank pari passu without any preference one

above another by reason of priority of date or otherwise.

Act No. 143, 1979.

Wild Dog Destruction (Amendment).

SCHEDULE 1— continued.

Amendments to the Wild Dog Destruction Act, 1921, with

Respect to Finance—continued.

(5) Section 31 (1 )—

After “matters”, insert “that by this Act are required or permitted to be prescribed or that are”.

SCHEDULE 2. sec. 3

A mendments to the Wild Dog Destruction Act, 1921, by

WAY OF Statute Law Revision.

(1) Part I, heading—

Before section 1, insert :—

PART I.

Preliminary.

(2) Section 1—

Omit “1921,”, insert instead “1921”.

(3) Section 1a—

After section 1, insert :—

1a. This Act is divided as follows :— Arrange­

PART I.— Preliminary— ss. 1-3. ment.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE 2—continued.

A mendments to the Wild Dog Destruction Act, 1921, by

WAY OF Statute Law Revision— continued.

PART II.— Wild Dog D estruction Board—ss.

3a-3 g.

PART III.— D estruction of Wild Dogs— ss. 4-11.

PART IV.— Finance— ss. 12-20h.

Division 1.—Rates—ss. 12-17.

Division 2.— Subsidy—s. 18.

Division 3.— Wild Dog Destruction Fund—ss.

19, 20.

D ivision 4.— Borrowing—ss. 20a-2 0 h.

PART V.— Miscellaneous— ss. 21-31.

(4) Part II, heading—

After section 3, insert :—

PART II.

Wild Dog D estruction Board.

(5) Part III, heading—

After section 3g, insert :—

PART III.

Destruction of Wild Dogs.

Act No. 143, 1979.

Wild Dog Destruction (Amendment).

SCHEDULE 2— continued.

A mendments to the Wild Dog Destruction Act, 1921, by

WAY OF Statute Law Revision— continued.

(6) Section 7 (a) —

Omit “mentioned in the last preceding section”, insert instead “referred to in section 6”.

(7)

Section 8 ( 1 ) —

Omit “fund established by this Act”, insert instead “Wild

Dog Destruction Fund”.

(8) Part IV, headings—

After section 1 1, insert ; —

PART IV.

Finance.

D ivision 1.—Rates.

(9) Part IV, Division 2, heading—

After section 17, insert:—

Division 2.—Subsidy.

Act No. 143, 1979.

Wild Dog Destruction {Amendment).

SCHEDULE *1—continued.

A mendments to the Wild Dog Destruction Act, 1921, by

WAY OF Statute Law Revision— continued.

(10) Part IV, Division 3, heading—

After section 18, insert :—

D ivision 3.— Wild Dog Destruction Fund.

(11) Section 20—

Omit “Such fund”, insert instead “The Wild Dog Destruc­ tion Fund”.

(12) Part V, heading—

Before section 21, insert :—

PART V.

Miscellaneous.