Advances to Settlers Regulations

Legislation au C1923L00206 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1923. No. 206.

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REGULATIONS UNDER THE ADVANCES TO SETTLERS ACT 1923.

I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, hereby make the following Regulations under the Advances to Settlers Act 1923, to come into operation forthwith.

Dated this fourteenth day of December, 1923.

FORSTER,

Governor‑General.

By His Excellency’s Command,

Ll. ATKINSON,

for Minister of State for Trade and Customs.

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ADVANCES TO SETTLERS REGULATIONS.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Advances to Settlers Regulations.

Parts.

2. These Regulations are divided in Parts as follows:—

Part I —Preliminary.

Part II—Advances in States.

Part III—Advances in the Northern Territory.

Definition.

3. In these Regulations, unless the contrary intention appears— “the Act” means the Advances to Settlers Act 1923.

Part II.—Advances in States.

Definition.

4. In this Part, unless the contrary intention appears—

“the Minister” means the Minister of State for Trade and Customs;

“the State Minister” when used in relation to wire netting to he used in any State, means the Minister of that State who controls Crown lands.

Delegation.

5. (1) Where, in any State, there is a body constituted by or under any law of that State for the purpose of controlling Crown lands or the distribution to settlers of wire netting, the State Minister may by writing under his hand delegate all or any of his powers or functions under this Part (except this power of delegation) so that the delegated powers or functions may be exercised as fully and effectually by the delegate as by the State Minister.

(2) Any delegation made under this regulation shall be notified to the Minister and shall be revocable at will and shall not prevent the exercise of any power or function by the State Minister.

C.17767.—Price 3d.


Application for wire netting.

6. Any settler who desires to be supplied under the Act with wire netting may make an application therefor to the State Minister.

Particulars of applications.

7. (1) Each application under this Part shall state the full name and address of the applicant, the quantity, mesh, gauge, and width of the wire netting required, the proposed terms of payment and, where payment is not to be made in cash, the security offered for payment, and full particulars of the assistance (if any) already received by the applicant from the State Government in connexion with the purchase or supply of wire netting.

(2) No application shall be granted unless the applicant undertakes to pay for the wire netting applied for by cash or by instalments extending over a period not exceeding twenty years.

(3) Each application shall contain an undertaking by the applicant that he will use any wire netting supplied to him, within twelve months of its receipt by him, and will not use that netting except in the erection, upon land owned or occupied by him, of rabbit‑proof or dog‑proof fences as approved by the State Minister or a person thereto authorized in writing by the State Minister.

(4) Each applicant shall state whether or not he desires his holding to be grouped for the purposes of this Part with any other adjoining holdings, and if so he shall state the names of the owners, and full particulars, of those holdings and the length of so much of the boundary of his own holding as forms part of the outside boundary of the group.

Action by Minister upon applications.

8. (1) The Minister, upon the receipt by him from a State Minister of an application in pursuance of this Part may—

(a) grant the application in whole or in part, and either with or without conditions;

(b) refuse the application; or

(c) refer the application back to the State Minister with a request for further information.

(2) Where an application is granted in part only, or subject to conditions, no further action thereon shall be taken until the applicant has been notified of the fact and has signified in writing his agreement therewith.

Minister to consider recommendations.

9. In dealing with any application under this Part the Minister may, in arriving at his decision, have regard to any recommendation or other views attached to, or indorsed on, the application by the State Minister, or by any person thereto authorized in writing by the State Minister.

Grouping of holdings.

10. Where a number of holdings adjoin one another and an application under this Part has been made by the owner of each of those holdings stating that he desires his holding to be grouped for the purposes of this Part with the other adjoining holdings, the Minister may treat the holdings as a group, and shall, subject to this Part, give preference to the applications so made.

Security for payment.

11. Before supplying wire netting to a settler in pursuance of this Part the State Minister shall obtain from the settler adequate security for the payment by him of the cost of the wire netting and of the freight and cartage thereof:

Provided that the Minister may in any case waive, either wholly or in part, the necessity to obtain security in accordance with this regulation.


Action upon grant of application.

12. Where the Minister grants an application in whole or in part he shall forthwith advance to the State from which the application was made a sum sufficient to purchase wire netting of the quantity and class granted by him.

Price of wire netting supplied.

13. The price upon which the calculation of the amount of any sum advanced under the last preceding regulation shall be based, shall be free on board or free on rail at the capital city of the State from which the application was made, and shall be at such rate as the State Minister certified is the current rate payable by the State Government for wire netting of the class in respect of which the advance is made.

Freight and cartage.

14. Freight and cartage within a State of wire netting supplied in pursuance of this Part shall be paid by the applicant.

Maximum quantity supplied to any settler.

15. The maximum quantity of wire netting which may be supplied to a settler in any one year shall not, except with the consent of the Minister, exceed 5 miles.

No interest to be charged

16. No interest shall be charged by the Commonwealth or State Government in respect of moneys due or becoming due by a settler as payment for wire netting supplied to him under this Part.

Payment for netting supplied.

17. (1) Each settler who has been supplied with wire netting under this Part shall make payment therefor to the State Minister, or to a person appointed in that behalf by the State Minister, either by cash or by instalments as specified in his application and approved by the Minister.

(2) All amounts received under this regulation shall forthwith be transmitted to the Minister.

Charges by State Government

18. The Government of a State shall be entitled to charge settlers a fee at a rate not exceeding £1 per mile of the wire netting supplied to them under this Part.

Failure to comply with obligations in espect of application.

19. Where any person to whom wire netting has been supplied under these Regulations—

(a) fails to pay the purchase money or any instalment of the purchase money at the time approved by the Minister;

(b) fails to comply with the undertaking given by him in pursuance of sub‑regulation (3) of regulation 7 of these Regulations;

(c) is shown to have knowingly made an incorrect statement in his application; or

(d) fails to observe any condition imposed by the Minister in granting his application;

the balance of the purchase money of the wire netting supplied to that person shall forthwith become a debt due and owing to the State and may be recovered in any Court of competent jurisdiction, by the State Minister, or a person thereto authorized in writing by the State Minister.

Part III.—Advances in the northern Territory.

Definitions.

20. In this Part, unless the contrary intention appears—

“The Board” means the Classification Board appointed under the Crown Lands Ordinance 1912‑1923 of the Territory;

“the Minister” means the Minister for the time being controlling the Territory;

“the Territory” means the Northern Territory of the Commonwealth of Australia.


Application for wire netting.

21. Any settler who desires to be supplied, under the Act, with wire netting may make an application therefor to the Minister.

Particulars of applications.

22. (1) Each application under this Part shall state the full name and address of the applicant, the quantity, mesh, gauge and width of the wire netting required, the proposed terms of payment, and where payment is not to be made in cash, the security offered for payment.

(2) No application shall be granted unless it contains an undertaking by the applicant that he will before being supplied with wire netting in accordance with the application execute an agreement:—

(a) to pay for the wire netting applied for by cash or by instalments extending over a period of not exceeding twenty years from the first day of July in the year in which the advance is made to that applicant, and

(b) to use any wire netting supplied to him, within twelve months after its receipt by him, or such further time as the Minister approves, and not to use that wire netting except in the erection upon land occupied by him of rabbit‑proof or dog‑proof fences as approved by the Board.

Reference of applications to Board.

23. The Minister shall refer all applications received by him under this Part to the Board for consideration and report.

24. The Minister, upon receipt by him of the report of the Board upon any application under this Part, may—

(a) grant the application in whole or in part and either with or without conditions;

(b) refuse the application; or

(c) refer the application back to the Board for further information.

(2) Where an application is granted in part only or subject to conditions, no further action thereon shall be taken until the applicant has been notified of the fact and has signified in writing his agreement therewith.

Fences.

25. (1) It shall be a condition of the grant of any application under this Part that, so long as any portion of the purchase money for wire netting supplied in pursuance of the application remains unpaid by the applicant, he shall keep the fences constructed of that wire netting in good repair to the satisfaction of the Board.

(2) If the Board reports to the Minister that a settler who has been supplied with wire netting under this Part fails to keep his fences in good repair in accordance with this regulation the balance of purchase money remaining unpaid by that settler upon the wire netting shall forthwith become a debt due and owing to the Minister and shall be recoverable in any Court of competent jurisdiction.

Supply of and payment for wire netting.

26. (1) Wire netting supplied in pursuance of any application made under this Part shall be made available to the applicant at the port or railway station nearest to his holding.

(2) The cost of the wire netting supplied under this Part to a settler, including all freight and handling charges to the port or station referred to in the last preceding sub‑regulation shall be repayable by the settler


to the Minister free of interest by not more than twenty equal yearly instalments extending over a period not exceeding twenty years from the first day of July in the year in which the advance is made.

(3) The instalments shall be recoverable as rent in arrear under the lease of the land held by the settler.

Wrongful use of netting.

27. Any settler to whom wire netting has been supplied under the Part who uses that wire netting otherwise than for the purpose and in the manner provided in sub‑regulation (2) (b) of regulation 22 of these Regulations shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for twelve months, or both.

Credit on boundary fences.

28. Any settler who has been supplied under this Part with wire netting shall, until the total cost of the wire netting has been paid, allow similar credit to any person from whom he is entitled to receive portion of the cost of the fence constructed of the wire netting.

Termination of leases.

29. If the lease of any settler who has been supplied with wire netting under this Part terminates whilst any instalments on the wire netting remain unpaid, the remaining instalments shall be payable at the termination of the lease, unless the incoming tenant, if any, agrees to pay the instalments.

Certain applications not to be considered.

30. No, application under this Part shall be considered if the land leased by the applicant is unimproved or if any rent on that land is overdue, or if the land will not in the opinion of the Board, be substantially benefited by the erection of vermin‑proof fencing.

Payment of instalments,

31. (1) The first instalment of the cost of the wire netting supplied to a settler together with freight and handling charges shall be payable on the first day of July in any year approved by the Minister, but not later than the third year after the year in which the advance is made, and thereafter an instalment of such cost shall be payable on the first day of July in each succeeding year so that the full amount of such cost is paid within twenty years from the first day of July in the year in which the advance is made.

(2) Payment of instalments shall be made either at the Lands Office, Darwin, or at the Department of Home and Territories, Melbourne, and shall be paid to revenue and credited as re‑payments on advances under the Act.

Registration of agreements.

32. Any agreement made in respect of any advance under this Part shall be registered in the General Registry Office of the Northern Territory within three months from the date of the execution of the agreement by the Minister, and a reference to any agreement so made shall be indorsed on the lease affected by the agreement, and the rent of the lease shall be increased by the amount of yearly instalments payable in respect of any advance made under this Part until the total amount of the advance has been repaid.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Advances to Settlers Act 1923 was enacted to provide financial assistance and resources to settlers in Australia for the purpose of improving land and establishing protective measures against pests, particularly rabbits and dogs. This legislation was introduced to support the agricultural sector by facilitating the distribution of wire netting for fencing purposes, thus addressing a critical need for settlers to protect their crops and livestock. The Act was established by the Parliament of Australia, aiming to provide a structured approach to financial assistance and the regulation of wire netting distribution. These regulations, which include provisions for the delegation of authority, application processes, payment terms, and penalties for misuse, form part of the broader policy objective to enhance agricultural productivity and sustainability through effective pest control measures. The Advances to Settlers Regulations, made under the authority of the Advances to Settlers Act 1923, outline the framework for the distribution of wire netting to settlers. These regulations specify the process for applications, the conditions under which wire netting may be supplied, the terms of payment, and the consequences for non-compliance. The regulations also detail the roles and responsibilities of various officials, including the Minister of State for Trade and Customs and State Ministers, in overseeing the distribution process. Furthermore, they establish a system of accountability and enforcement to ensure that settlers adhere to the agreed-upon terms, thereby safeguarding the interests of both the settlers and the government in the effective use of public resources.

Scope and Application

The Advances to Settlers Regulations, 1923, made under the Advances to Settlers Act 1923, apply to settlers in both the states and the Northern Territory of Australia, providing a framework for the supply of wire netting to facilitate the establishment of vermin-proof fencing. In the states, the Minister for Trade and Customs has the authority to delegate powers to State Ministers or authorised bodies to manage applications and supply wire netting, subject to certain conditions and oversight. Applicants must provide detailed information about the wire netting required, terms of payment, and any prior assistance received, with payments to be made either in cash or by instalments over up to twenty years. Failure to comply with payment terms or the specified use of wire netting results in the outstanding balance becoming a debt owed to the state, enforceable in court. In the Northern Territory, applications are referred to the Classification Board for consideration, and settlers must execute an agreement to repay the cost of the wire netting through instalments, with the condition that any constructed fencing must be maintained in good repair. The Regulations provide for the repayment of the wire netting cost through instalments over a period of up to twenty years, with the first payment to be made within three years of the advance being made. These Regulations set out the procedural and financial obligations for settlers receiving wire netting under the Act, with clear provisions for enforcement and repayment.

Key Provisions

The Advances to Settlers Regulations 1923, made under the Advances to Settlers Act 1923, establish procedures for the supply of wire netting to settlers in Australia. The Regulations are divided into Parts, with Part II governing the supply of wire netting in the states and Part III governing the supply in the Northern Territory. In Part II, settlers can apply to the State Minister for wire netting by submitting an application that includes details such as their name, address, the quantity and specifications of the netting required, payment terms, and security offered if payment is not made in cash (Regulation 6 and 7). The State Minister can delegate their powers to other bodies within the state, though such delegations are revocable (Regulation 5). The Minister, who is the Minister of State for Trade and Customs, has the authority to approve, reject, or request further information on applications (Regulation 8). The Minister may also consider recommendations from the State Minister or other authorized persons when deciding on an application (Regulation 9). Security for payment must be obtained from the settler before the wire netting is supplied (Regulation 11), and the price of the wire netting is determined by the State Minister (Regulation 13). Settlers must agree to use the wire netting only for erecting rabbit-proof or dog-proof fences and to pay for the netting within a specified period (Regulation 7(3) and 7(4)). Failure to comply with payment obligations or conditions set by the Minister results in the balance of the purchase price becoming a debt to the State (Regulation 19). The obligations imposed on settlers under the Act include making timely payments for the wire netting, using the netting solely for the erection of vermin-proof fences, and maintaining the fences in good repair until full payment is made (Regulations 7(3) and 7(4), 25). In the Northern Territory, settlers must execute an agreement to pay for the wire netting and maintain the fences (Regulation 22(2)(a) and (b)). Additionally, all applications must be referred to the Classification Board for consideration, and the Minister can grant, reject, or request further information on applications based on the Board’s report (Regulation 23 and 24). Breaches of the Regulations can result in civil and criminal penalties. For example, in the Northern Territory, using wire netting for purposes other than those specified in the agreement is an offence, with penalties of a fine of up to one hundred pounds, imprisonment for up to twelve months, or both (Regulation 27). Similarly, failure to comply with payment obligations or conditions set by the Minister results in the balance of the purchase price becoming a debt to the State or the Minister, which can be recovered in a court of law (Regulation 19 and 25).

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