Wire and Wire Netting Advances Regulations

STATUTORY RULES.

1928. No. 100

REGULATIONS UNDER THE WIRE AND WIRE NETTING ACT 1927.

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wire and Wire Netting Act 1927 to come into operation forthwith.

Dated this 19th day of September, 1928.

Governor-General.

By His Excellency’s Command,

Minister of State for Markets.

Wire and Wire Netting Advances Regulations.

Short title.

1. These Regulations may be cited as the Wire and Wire Netting Advances Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears,

“the Minister” means the Minister for the time being controlling North Australia and Central Australia;

“the Commission” means the North Australia Commission appointed under the Northern Australia Act 1926;

“settler” means any person engaged in primary production in North Australia or Central Australia.

Origin of wire and wire netting.

3. All wire and wire netting supplied under these Regulations shall, unless otherwise approved in writing by the Minister, be of Australian manufacture.

Application for wire and/or wire netting.

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

Particulars of application.

5. (1) Each application shall state the full name and address of the applicant, the quantity and gauge of the wire and the quantity, mesh, width and gauge 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) An application shall not be granted unless it contains an undertaking by the applicant that he will, before being supplied with any

2102.—Price, d.

wire or wire netting in accordance with the application, execute an agreement—

(a) to pay for the wire or wire netting applied for by cash or by instalments extending over a period of not exceeding twenty-five years from the first day of July following the date upon which the advance is made to him; and

(b) to use any wire or 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 or wire netting except in the erection upon land occupied by him of rabbit-proof, dog-proof, or marsupial-proof fences as approved by the Commission.

Reference of applications to Commission.

6. The Minister shall refer all applications received by him under these Regulations to the Commission for consideration and report.

Applications, how dealt with.

7. (1) The Minister, upon receipt by him of the report of the Commission upon any application under these Regulations 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 Commission for further information.

(2) Where an application is granted in part only or subject to conditions, further action thereon shall not be taken until the applicant has been notified of the fact and has signified in writing his agreement therewith.

Money, how made available.

8. Where the Minister grants the application wholly or where he grants it partly or subject to conditions and the applicant has agreed to accept such part or conditions, the Minister for Markets may make available out of moneys standing to the credit of the Trust Fund advances to meet applications so granted.

Fences to be kept in good repair.

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

(2) If the Commission reports to the Minister that a settler who has been supplied with wire or wire netting under these Regulations fails so to keep his fences in good repair, the balance of purchase money, together with interest due, remaining unpaid by that settler upon the wire or 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 and/or wire netting.

10. (1) Wire or wire netting supplied under these Regulations shall be made available to the applicant at the port or railway station nearest to his holding.

(2) The cost of wire or wire netting supplied to a settler including all freight and handling charges to the port or railway station referred to in the last preceding sub-regulation, with interest on the unpaid balance at the rate of 5 per cent. per annum calculated annually shall be repayable by the settler to the Minister by not more than twenty-five equal annual instalments in accordance with the Schedule to these Regulations. The instalments shall commence to run and be calculated, both as regards principal and interest, from the 1st day of July following upon the date upon 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 wire or wire netting.

11. Any settler to whom wire or wire netting has been supplied under these Regulations who uses that wire or wire netting otherwise than in accordance with these Regulations shall be guilty of an offence.

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

Credit on boundary fences.

12. Any settler who has been supplied under these Regulations with wire or wire netting shall, until the total cost of the wire or wire netting has been paid, allow proportionate credit to any person from whom he is entitled to receive portion of the cost of the fence constructed of the wire or wire netting.

Termination of leases.

13. If the lease of any settler who has been supplied with wire or wire netting under these Regulations terminates whilst any portion of the purchase money and interest due thereon remain unpaid, such purchase money and interest shall be payable at the termination of the lease, unless the incoming tenant, if any, agrees to pay any instalment of purchase money and interest due and the remaining instalments of purchase money and interest as they fall due.

Certain applications not to be considered.

14. No application under these Regulations 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 Commission, be substantially benefited by the erection of vermin-proof fencing.

Payment of instalments.

15. Payment of instalments shall be made either at the Lands Office, Darwin, or at the Department of Home and Territories, Canberra, and shall as regards principal, be paid to the credit of the Wire and Wire Netting Trust Account, and as regards interest to Revenue.

Registration of agreements.

16. Any agreement made in respect of any advance under these Regulations shall be registered in the General Registry Office of North Australia or Central Australia, as the case may be, 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 these Regulations until the total amount of the advance has been repaid.

SCHEDULE.

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Table of Repayments.

Payments to be made in 25 equal annual instalments to repay an advance of £100 plus interest at 5 per cent. on the outstanding balance:—

By Authority: H. J. Green, Government Printer, Canberra.