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©State of Queensland
QUEENSLAND
ON
~~~~~OF
~~~~~C ACT 1931-1
reprinted as at 31 March, 19811 Liens OR Crops of Sugar Cane Act of 1931, 22 Geo. 5 No. 37
As amended by
Liens on Crops of Sugar Cane Act Amendment Act of 1933, 24 Geo. 5 Liens OR Crops of Sugar Cane Acts A ~ e n d ~ e n t Act of 1951, 15 Geo.
Liens on Crops of
gar
Cane Acts A ~ e n ~ ~ e n t Act of 1961, 10 E h . Decimal Currency Act of 1965, No. 61, s. 11 Second ~ c ~ e ~ u l e BiXls of Sale and Other Instruments Act and Other Acts A ~ e n ~ n i e n t ActNo. 4 6 No. 29 2 No. 47
1971, No. 10, Part III
Commenced 29 January 1973 (Proc. pubd. Gaz. 27 January 1973, p. 355).
Commenced X December 1975 (Proc. pubd. Gaz.
1s
November 1975, p. 1099).Liens OD Crops of Sugar Cane Act Amendment Act 1975, No. 54
An Act to Amend the Laws relating to Liens upon Crops of Sugar Cane, and for other purposes conse~uent thereon
[Assented to 24 December 1931) BE IT ENACTED by the King's Most Exceiient Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
3. Short title and commencement. This Act may be cited as " The Liens OM Crops of Sugar Cane Act of 1931," and shall come into operation an a date to be p r o c l a i ~ e d by the Governor in Council by Proclaniation pu~lished in the Gazette,
Comnienced 11 January 1932 (Proc. pubd, Gaz, 9 January, 1932, p. 28).
Collective title conferred by Act of 1975, No. 54, s. 1 13).
2. Interpretation. In the construction and for the purposes of this Act and in all documents purporting to be made or executed thereunder (if not inconsistent with the context and subject-matter), the following terms shall have the respective meanings hereinafter assigned to them, that is to say--
assistant ~ o ~ m ~ s s ~ o n e r "-An Assistant Commissioner for
C o r p ~ r a t e AfTairs ap~ointed under the ~ e c ~ r i € j ~ s ~ ~ d ~ s € r ~ Act 1971;
" C o ~ ~ i s s i o n e r "-The Commissioner for C o r p ~ r a t e Affairs
appointed under the Securities Industry Act 1971 ;
2 ss. 3,4 LIENS ON CROPS OF SUGAR CANE ACT 1931-1975
" Crop "--a crop o f sugar-cane being grown or to be grown for
the purpose of being ~~arvested in any one h a r v ~ s t ~ ~ i g season;
" Lien "-The charge (made enforceable under this Act when
registered and while subsisting) whereby any crop and the proceeds thereof become secur~ty for the dischar~e of any debt ot o b l ~ ~ ~ t i o n ;
" Lienee "---A person to whom a lienor gives a lien, or to whom
a lien is assigned as provided by this Act, or on whom a lien devolves by operation of law;
'' Lienor "-Any owner o f a crop who gives a lien as provided by this Act;
" Owner of a crop "-A person growing or intending to grow a
crop who has any legal or equitable right or interest therein:
the term also includes a person who is entitled to e ~ b ~ e m e n t s ; '' Owner of a mill "-A person owning or having control of a
sugar-mill: the term includes the Corporation of The Trea- 4surer created under and for the purposes o f ('The Sugar
~ o r k ~ ~ u ~ r a ~ t e e Acts, 1893 to 1908," " Tize Sugar Works Act of 191 I," and " The Co-operative Sugar Works Act of
1914 ";
" Register "-A register of liens on sugar-cane required to be kept
under this Act.
As amended by Act of 1971, No. 10, s. 20.
3, Repeal of certain Acts and savings. " The Mwcncifile Act qf 1867,"
" The Afercantile Act A ~ ~ e ~ d ~ n ~ ~ t Act of 1870," and " Tlir file
~ ~ eAct ~of 1896 ~ '' ~are repealed e ~ so far t as they relate to liens on crops o f sugar-cane not registered before the commencement of this Act, but nothing herein contained shall affect the validity o r the operation of any lien on a crop of su~ar-cane duly made and registered before the comn~encement of this Act, except that all such liens relating to any crop which is intended to be harvested during the harvesting season in the calendar year one thousand nine hundred and thirty-two shall be deemed to have been duly made under this Act and to have been duly registered under this Act as though such,lien had been so regjstered at the date of the making thereof, and all i n s t r u ~ e ~ ~ s by which such liens have been created shall be transmitted to the proper oftice and entered in the register in order of such date: Provided that iiothing herein. enacted shall affect the re~istration or the efYect of the
~ e ~ ~ s t r a t i o n of any lien in respect of 'which any legal proceedings have been taken before the commencement of this Act.
As amended by Act of 1971, No. 10, s . 24.
4. (1) Owner of crop intending to charge crop to execute an i ~ ~ r ~ ~ ~ ~ ~ ~
Schedule, Form "A", Wheneter the owner of any crop or crops intends to charge such crop or crops by way o f security for the payment or satisfaction of any debt or liability (whether past or present or future, and whether vested or contingent), such owner shall execute an instrument in the form or to the effect of Form "A" of the Schedule hereto.
LIENS ON CROPS OF SUGAR CANE ACT 1931-1975 ss. 5-8 3
(2) Description of land in instrument. Every such instrument shall contain a description suficiant to identifjf the land upon which the crop or crops intended to be so charged is or ars growing or is or are about to grow, arid shall be attested by a witness,
( 3 ) Registration of instrument. Schedule, Form " B
".
Everysuch instrument shall be registered at the prescribed office by filing in such ofice a true copy of such j n s t r i ~ ~ e n t verified by a statutory dec~aratioii in Form '' B " of the Schedule hereto,
(4) As to priority of registration. Subject to section three hereof, all such instruinents registered in respect of or affecting the sanie crop or crops shall be entitled to priority according to the respective times of registrat~on and irrespe~t~ve of the dates of such ~nstrunieiit.
For the purpose of deterniiniiig such priorities, an officer in such registry shall endorse on every such instrument registered by him the dale and time of registration, and shall assign to each such instrument in the order of registration a consecutive number and shall endorse such number thereon.
As arnxded by Act of 1971, No. 10, ss. 21 and 24.
S. ESed of ~ e ~ i s t r a t ~ o n . Except as hereinafter. provided, the r e ~ i s t r a t ~ o n of any lien duly registered in accord an^^ with the I~rovjsioI~s of this Act shall be deemed to be full and s ~ I ~ c i e n t notice to all persons of such lien:
Provided however, that such registration shall iiot be dcenied to be notice so as to affect the security given by any l i p already registered for further advances made or to be made.
6. Registcr book Io be kept. Schedule, Form " C
"'.
Therc shall be kept i n every such office a register book in Form " C " uf the Scheduie hereto it1 which shall bc recorded the p ~ ~ ~ i c u l a r s shown i n the said forni, and for every such register book there shall be kept an index of all liens referred to therein arranged alphabetically according to the t i m e s of the lienors.As amended by Act of 197 1 , No. IO, s. 24.
7. Discharge of licii to be recorded in register f?~.ok. \;t'hen m y lien has been satisfied or discharged, the lienee shall if so required by the lienor duly mark or endorse the instruinent creating suck lien w i t h a r n e I n o r ~ i i ~ J u ~ signed by the lienee and by a witness a t ~ e s t i n ~ such signature to the effect that such lien has been satisfied or discharged, and on the production of the instrument 50 marked or endorsed the officer shall record in the register book and on the lien 50 produced a n d on the copy thereof filed in the ofice the fact of such satisfaction or dididrge and the date and time of the registration thereof.
As amended by Act of 1971, No. IO, s. 23.
8. Power of lienee where lienor neglects to pay off the monegs secured hy lien, Subject to the provisions of *' The ~ e g ~ ~ u l ~ o ~ ? of Sugar Cane
~~~~~,~ Acfs, I915 to 1931," and of any award duly made thereunder and a f k t i n g any crop, if a lienor, his executors, administrators, or
4 s* 9 LIENS ON CROPS OF SUGAR CANE ACT 1931-1975
assigns shall neglect or refuse either to pay off the whole of the moneys secured by a lien upon such crop with interest as agreed upon as aforesaid, or to give up such crop to such lienee in pursuance of such lien, such lienee, his executors, administrators, or assigns may himself or by his servants or agents, and upon giving notice to the owner of any sugar- mil^ to which the lands described in such lien may be assigned under the aforesaid Acts, enter upon such land and cultivate, gather, carry away, and sell such crop or crops to the owner of such sugar-mill or to any other person in the manner and subject to the same conditions and to the same effect as the lienor could lawful~y have sold the same:
Provided that if such lienor be a tenant then the lienee shall before carrying away any such crop pay to the landlord of the land whereon such crop shall be growing such sum of money as may be due to him for rent at the time of carrying away such crop, provided that the SUM so paid shall not exceed one year’s rent:
Provided also that if at tlie time of the registration of such lien there be in force a mortgage or a contract for the purchase by the iienor of the land whereon such crop shall be rowing and the land shall at the time of harvesting be in the occupation of the morgagee or the ccndor, such ~ienee shali before carrying away and selling any such crop pay to the mortgagee or to the vendor the amount of interest, not, however, exceeding twelve months’ interest, due upon such mortgage o r such contract of sale at the time of carrying away and selling such crop.
9. A ~ ~ l i c a t i o ~ of proceeds of s ~ ~ a r - c a ~ e . (1) The purchaser of any sugar-cane, whether such purchaser is the owner of a mill or not, shall after production to such purchaser of any duly registered lien given over such sugar-cane apply the proceeds so far as they are available of all such sugar-cane so purchased in such order, and such proceeds are deemed to be charged to such extent as follows, that is to say:-
(i) When an owner o f a mill has become entitled under subsection
one of section twenty-four of ‘‘ The ~ ~ gof Sugar ~ Cane / ~ f ~ ~ ~ Prices Acfs, 1915 to 1931,’’ to any costs of ~iarvesting or other
expenses incidenta~ thereto, then in repaying such costs to such owner together with any amount which he may with the consent of the lienee have advanced to any person or may himself otherwise than as aforesaid have paid or incurred for the purpose of harvesting such crop;
(ii) In paying to the lienee any sum or sums paid by the lienee under section eight hereof to a landlord or to a mortgagee or to a vendor for rent or interest;
(iii) Unless otherwise stated in the instrument creating the lien, in paying to the lienee any amount paid or incurred under
“ T h e Wczges Act of 1918 ” or otherwise by the lienee in cultivating or harvesting and carrying away the sugar-cane covered by his lien;
(iv) When tlie purchaser is the owner of a mill, in paying such levies as such owner may ~ a w f u ~ l y educt from such proceeds;
LIENS ON CROPS O F SUGAR CANE ACT 1931-1975 ss. 10, €1 5
(v) In paying to the lienee any amount due and owing to such lienee for any moneys secured by such lien: Provided that where a lien is given to the extent of a stated percentage of the proceeds of a crop of sugar-cane or a stated amount per ton of such crop, then such purchaser shall under this subsection pay to such lienee such stated percentage only of such proceeds as are available from time to time, or such amount on each ton o f cane so realised, as the case mag be, towards the satisfaction of the princi~al moneys and interest secured by the said lien;
(vi) In paying to any second or subsequent lienee in like manner as aforesaid, and in order of the priority of the registration of their respective liens any moneys paid by such lienee for rent or interest under this Act and any amount paid or incurred under “ T i i e Wages Act of 1918” or otherwise for cultivating or harvesting and carrying away such sugar- cane, and any inoneys secured by such liens:
(2) Provided that where the sugar-cane is harvested by the lienor the purchaser may, if so requested by the lienor, and with the consent of the lienee or his agent, endorsed upon the instrument creating the lien, advance to the lienor such amount as may reasonably be necessary for payment by the lienor of wages due and payable by the lienor to any employees for harvesting any sugar-cane covered by the lien.
( 3 ) ~ u b j e c t to the foregoing provisions and subject to any ~ ~ ~ i i t j e s a ~ e c t ~ n g such proceeds of which such purchas~r shall have h
such purchaser shati pay the proceeds of such sugar-cane to the lienor.
10. Restriction as to giving of lien. Excepting as provided by section eleven of this Act, no lien shall be given except over a crop being grown or to be grown for harvesting either during the calendar year in which the lien has been given or i n the calendar year next following unless such lien shall have been renewed in aecordance with the provisions of this Act, and no lien shall continue in force for a longer period than one year from the date thereof unless renewed or further renewed as hereinafter provided.
11. Further provisions regarding liens. Where a lien is given to secure the payment with or without interest of purchase rnoney under an agreement of sale of the land upon which the crop or crops given as security is or are growing or to grow, or to secure the payment with or without interest o f a debt owing under a rnortgage of such land, or to secure any rent or royalty payable under a lease of such land and where such lien shall contain as a schedule thereto or embodied therein a true copy of such agreement for sale or such mortgage or lease, such lien may be given over the crop or crops growing or to grow on the said land in any year or in any year and any subsequent year or years, but such lien shall not continue in force longer than one year from the date of such lien unless such lien shall be renewed or further renewed as herein- after provided.
6 S f . 12-13 LIENS ON CROPS OF SUGAR CANE ACT 1931-1975
12. Provisions as to priority where two or more liens given. Where two or more liens given by way of collateral security to mortgages over the same land shall be renewed they shall take effect as between themselves in the same order of p r i o r i ~ ~ / as such mortga~es and not in the order of the registration of such lienc, but no lien given to secure purchase money with or ~ ~ i t l ~ o u t interest under any agreement of sale, or given as collateral security to a second or subsequent mortgage, or given to secure any rent or royalty payable under a Tease shall be reneLted after a prior vendor mortgagee or lessor has lawfully entered into possession of such land, unless a t the time o f the renewal of such lien there shall be filed a written consent thereto signed by such prior vendor or mortgagee or lessor:
~ r o ~ i d e d that nothing in this section shall affect the priority of any lien which shall be renewed or further renewed under the provisions of section thirteen of this ‘4ct.
13. Renewal of liens. Any lien which shall have been duly registered in accordance with the provisions o f this Act upon any crop which at the expiry of the period mentioned in section ten of this Act shall not have been fully harveste~ may be renewed or further renewed in the manner hereinafter provided, but it shall not be necessary after the crop covered by such lien has been fully harvested to renew a lien in order that such lien shall remain effective against the proceeds of such crop.
14. Provisions as to renewal of liens. A lienee, in order to renew or further renew any lien which under the provisions of this Act may be renewed, shall on or before the day when the lien would otherwise expire file in the proper office a statutory declaration stating what amount secured under the lien is still unpaid, and stating further, where such is the case, that the crop or crops over which the lien was given have not been fully hacvested, or in case of a lien given under the provisions of section eleven ol this Act, that the proceeds of such crop or crops have bcen insufficient to satisfy the amount secured to such lienee by such lien, and the period for which he desires to renew such lien, and such statutory declaration shall be registered and the renewal of such lien shall be duly noted by the Commissioner or Assistant omm missioner or, where the proper office
i s the ofice of a clerk of the court, the clerk of the court in the register and upon such lien, and subject to the provisions of section twelve of this Act such lien shall thereupon continue and be in force over such crop or proceeds of such crop for such further period not exceeding one year from the date of filing such statutory declaration, and shall be entitied to the same priority over all other liens as it had prior to such renewal.
As amended by Act of 1971, No. 10, ss. 22 and 24.
15. Liens not affected by sale, etc., of land. No lien given in good faith and for valuable cons~deration and duly registered shall be extin- guished or otherwise prejudicially affected by any sale, assignment, partition, lease, agreement for a lease, mortgage, or encumbrance of or other dealing with the land on which any such crop may be g r ~ w i n g or shall be grown, or by the surrender of any lease, or by the death of the
LIENS ON CROPS OF SUGAR CANE ACT 1931-1975 ss. 16,17 7
lienor, or by any re-entry or foreclosure by any vendor, lessor, mortgagee, or encumbrancee or other person than a lienee entitled thereto under this Act,
(1) Save as otherwise provided by this Act, no lien, charge, security, or claim shall have preference or priority over any lien duly regjstered under and in accordance with the provisions of this Act:
Nothing i n this Act shall prejudice or in any wise affect the provisions of “ The W q e s Act of 1918,”
(2) Notwithstanding anything i n this Act or in any other Act or law to the contrary the proceeds of‘ any sugar-cane shall be applied in satisfaction of any sum lawfully payable and not duly paid to any Cane
Pest and Disease Control Board constituted undcr “ Ti7e Sugar ~ ~ ~ e r i ~ e ~ f
~ ~ ~Acfs, ~ iI900 u fa j 1951,’’ for the ~ ~ up plying of any fumjgant, insecticide, fungicide, poison, or other material, or more than one of those materials, for the purpose of the control with respect to that
sugar- can^ of cane pests or diseases or both cane pests and diseases within the meaning of those Acts and for any services rendered in connection with the use of that material for that purpose, in priority to all other sums, secured or unsecured, payable from such proceeds including any sum due and owing to any lienee and secured by a lien duly registered under this Act and in force over that sugar-cane.
Notice to any person who has in his hands the proceeds of any sugar-cane of any aforernentioned sum so payable and not paid to any Board as aforesaid shall render that person Xiable, to the extent of such proceeds, for the payment of that sum to that Board and such SUM
may be recovered from him as if he were a debtor to that Board.
16. Prisrity.
~ ~ t h o ~ t prejudice to any other mode of proof-
(a) A certificate in writing of the Board concerned certifying that the sum therein specified is then l a ~ f u ~ l y payable and has not been duly paid to that Board for the supplying of the material therein stated for the purpose of the control with respect to sugar-cane grown during the calendar year therein mentioned on the land therein sufficiently described for identification purposes of cane pests or diseases or both cane pests and diseases within the meaning of “ The Sugm E x ~ e ~ i ~ i e n t Stations Acts, 1900 to 1951,” and for the services as specified rendered in connection with the use of that material for that purpose, shall be received in evidence and shall be evidence of the facts therein stated, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of those facts; and
(b) Any person shall be deemed to have had notice of any aforementioned SUM so payable and not paid to any Board as aforesaid if and when a certificate in writing as referred to in paragraph (a) aforesaid is delivered to him,
As amended by Act of X933,24 Geo. 5 No. 4, s. 2; Act of 1951, 15 Geo. 6 No. 29, s. 2.
17. Production of lien to owner of mill. Every lienee under a lien given over a crop g r ~ w i n ~ or to grow on land the whole or any part of
8 s. 18 LIENS ON CROPS OF SUGAR CANE ACT 1931-1975
which is assigned to a mill shall after the registration, renewal of registra- tion, assignment, transfer, satisfaction, or discharge thereof produce such lien to the owner of such mill, and in the case of a first regjstration of such lien shall leave with such mill a true copy of such iien as registered, and the owner of such mill shall if required by the lienee acknowledge in ~ r i t i n g endorsed upon such lien the production of such lien and the receipt of such copy, and until such lien or such renewed, assigned, transferred, satisfied, or discharged lien shall be so produced no mill shall be affected by the registration, renewal, assign- ment, transfer, satisfaction, or discharge of such lien as to any proceeds of sugar-cane paid out before such production; but after production of such lien, unless such lien shall have been s a t i s ~ e d or discharged, the lienee or the assignee or transferee under such lien shall be entitled to be paid from the proceeds then next available and, so far as the said proceeds are sufficient, such amount as he would have received if such lien o r r e n e w e ~ or assigned or transferred lien had been produced,
The office at which a lien given under 18. lace of registration.
the prov
‘i
sions of this Act or any transfer, assignment, or renewal thereof is to be registered shall be determined as follows:-(1) If the crop is described in the instrument creating such lien at a place not within the ~ o r t h e r n District and not within the Central D~strict as defined by
‘‘
The Sifpreme Cowt Act of IS95 ” OK any enactment amending or substituted for the same, the office shall be the office of the Commissioner at Brisbane.(2) If the crop is described in the instrument creating such lien
as being at a place within the Northern District or within the ~ e i i t r ~ ~ District, the office shall be the oEce of the ~ o ~ m i s s i o n e r at T ~ ~ v n s v i ~ ~ e or the office of the ~ o m n ~ i s s i o n e r at ~ o c ~ h a n ~ p t o n , as the case may be.
(3) If the crop is described in the instrument creating such lien as being situate^ in more than one of such districts it must be regjstered in each of such districts, otherwise it shall be deemed to be unregistered as to so much of the crop as is at any place within the district in the proper office of which it is not registered:
(4) Provided that in the case of any such lien given in considera- tion of any limited principal sum not exceeding o n e ~ u n d r e d dollars the office shall be the oEce of the clerk of the court at a place appointed for holding magistrates courts in the magistrates courts district within which the crop is described as being situated, or if the crop is described as being situated within more than one of such magistrates courts districts it must be registered in each of such districts, otherwise it shall be deemed to be unregistered as to so much of the crop as is at any place within the district in the proper office of which it is not registered.
(5) If the consideration expressed in the ~ n s t r u m ~ n t creating the lien does not consist of mone or value declared in money it must be
~ o c k h a m p t o n or in more than one of those offices, in accordance with the preceding p~ovisions ofthis section relating to the registration of liens in offices of the Commissioner.
As amended by Act of 1961, 10 E l k 2 No. 47, s. 2; Act of 1971, No. 10, ss. 23, 24.
registered in the oEce of the
$
o ~ ~ m i s s i o n e r at Brisbane, Townsville orLIENS OM CROPS O F SUGAR CANE ACT 1931-1975 SS. 19-23 9 19, ~ s ~ or it r ~ ~ s € e ~ ~ of ~ lien ~ by ee ~ ~ o r s ~ ~ ~ ~ t . ~ ~ Every lien registered under this Act may be assig~~ed or transferred by e i i d o r s e ~ e ~ t , and upon the registration of such assignment or transfer by filing in the proper office an affidavit co~taining a true copy of such e n d o r s e ~ e n t and ~ e r ~ f y i n ~ the same, all the rigbt, title, interest, powers, and ~ e ~ e d i e s of the lienee under such lien shall pass to and vest in the transferee as from the date of execution of such transfer: Provided that no such transfer shall affect or create any liability in respect of any payment made by the purchaser of any crop of sugar-cane referred to in such lien prior to such transfer being produced to such purchaser.
As amended by Act of 1971, No. 10, s. 24.
20. Palter of search of register for obtaining eapies. Any person may, during the usual hours of business and upon payment of the prescribed fee, search the register kept at any office, and shall be entitled to obtain an office copy or extract from any instrument filed in such office, and any copy of an instrument purporting to be an office copy thereof shall i n all courts and before all arbitrators or other persons be admitted as prima facie evidence of the contents of such instrunlent and of the fact and date of registration or filing as shown thereon.
As amended by Act of 1971, No. 10. s. 24.
21. Fees, The Governor in Council, by Order in Council, inay prescribe fees to be paid in respect of filing or r e ~ ~ ~ t e r j n ~ any docurnent,
search in^
registers, making copies of or extracts from any document axid in respect of any other act or thing done far the purposes of this Act.Fees as so prescribed shall be paid to the Crown in respect of the acts and things so prescribed.
Sub~titut~d by Act of 1975, No. 54, s. 3.
ge may order e x ~ e n s i ~ ~ of time or ~ ~ r ~ ~ ~ ~ ~ o
judge of the Supreme Court, on being satisfied that the omission to file or register any instrunlent or renew any registration witfain the time prescribed by this Act, or that any omission or i n a c c ~ r a c ~ in any state- ment or in the process of filing or registration of any instrument was unavoidable or due to inadvertence, may in his discretion order such omission or inaccuracy to be rectified, and niay extend the time for such filing or registration, and may order any instrument, register, or book to be corrected or amended on such terms and conditions as to notice by advertisement, security, or otherwise as he may think fit.
23. ~ o ~ - a ~ ~ ~ ~ e a t i ~ n of Bills of Sale Acts, etc. (1) A lien under this Act shall not be included in the tcrrn " Bill of Sale " under " The Bills of Sale Acts, 1891 to 1896."
(2) The provisions o f this Act relating to registration shall iiot apply to a n y lien on crops of sugar-cane given by any person to the Crown as defined by '' The Sfate S e c ~ ~ ~ ~ ~ i ~ ~ R ~ g i s ~ ~ u f ~ o ~ Act of 1925 *'
and registrable under such Act; but the provisions of that Act in respect s f such liens shall continue in full force and effect and for the purpose
10 s. 24, Sch, A LIENS ON CROPS OF SUGAR CANE ACT 1931-3975 of d e t e r ~ ~ i n i n g priority under this Act between or among liens, regis- tration under the said “ The State ~ e c ~ r ~ ~ ~ e ~ ~ e ~ ~ ~ t r u f i u ~ i Ac f of 3 925 ” of any such lien as is first i~entjoned in this subsection shall have the same effect as and be deemed to be registration under this Act.
As a m ~ i ~ d e d by Act of 1933,24 Geo. 5 No. 4, s. 3 (as from 14 January 1932).
utes of Court. The Governor i n Council, with the concurrence o f any two or more of the Judges of the Supreme Court, may from time to time by Order in Council published in the Gazette make such Rules of Court as may be necessary or convenient to give full effect to the ob-jects and purposes of this Act, and the provisions o f section eleven of ‘‘ Tire Suyrctne Court Act of 1921 ” shall, iiiutafis n?utandis, apply and extend accorditigly.
Inserted by Act of 1933, 24 Geo. 5 No. 4, s. 4.
SCHEDULE A FORM OF AGREEMENT
‘‘ The Liens on Crops of Sugar Cam Act uf 1931 ’’
In consideration of [inserf c.onsideration] paid to or owing by me to C.D. (or
vtilue for which I admit to have received in goods froin or such cons~derat~on, as the case may be), I do hereby give the said C.D. ( ~ e r e ~ n a f ~ e r called ‘‘ the lienee ’‘1 a preferable Lien to the extent of [insert par~iculars of p ~ ~ n ~ i ~ a l and ~ n t e r e s ~ ~ o n e y s to be securedl on the crop being grown or to be grown for ~ ~ r v e s t i n g during the calendar year in which this lien i s given (or in the next f o ~ ~ o i ~ ~ ~ g year or years, as
the case may be, or crops or part or ~ e r c e / i ~ a g e (as stated) of ilw crop or crops) on the land [lzere describe the land] in the State of Queensland.
I t is further agreed that unless on or before the
19 , (or on ~ e ~ u n d as the case may be) I pay to the lienee the principal and interest moneys hereby secured the said crop (or crops or part or percentage
{as are^) of the said crop U P crops), shall be cultivated, gathered, carried made niarketable by me or by the lienee at my expense and shall be delivered at Sugar Mill to the lienee, or his order, for sale and realisa- tion and from the proceeds the lienee may, subject to the provisions of S e d a n 9 of
“The Liens on Crops of Sugar Cane Act of 1931,” pay himself the said principal and interest moneys and alt costs, and shall pay over to me the balance, if any, or if fur any cause there be any deficiency he may recover any suclr deficiency against me at jaw as any debt.
In witness whereof 1 have hereunto set my hand this day of
, 19
.
Witness : Signed: A.B.
I [we] accept the above lien.
Witness:
1 [we] consent to any advances to the lienor as provided by Section 9 of ‘‘ The Witness:
day of
Signed: C.D. (or his agent.) Dated :
Liens on Crops of Sugar Cane Act of 193 1
.”
Signed: C.D. (or his agent.) Dated :
LIENS ON CROPS O F SUGAR CANE ACT 1931-1975 Sch. B , C l i
~ C ~B i ~ ~ ~ L ~
It7 Ye “ T H E L I E N ON CROPS OF S U G 4 R C A N k ACT OF 1931 ” In the office of the C o ~ n i ~ s s i o n e r for
In the Magistrates Courts Ofice
a t in the State of
Queensland (as {lie cctse iiiuy lie).
1, , i n the State of Queensland do solemnly and sincerely declare that-
1. The papsr writing hereanto aimxed and marked $‘ A ” is a true copy of a Lien on Crops of Sugarcane and of every Schedule thereto annexed or therein referred to, and of every attestation of the execution thereof as made and given and executed by
In the Matter of a Lien on Crops of
~ u g a r - c ~ n e given by Corporate Affairs, or
to
9 of
2. I a m a and reside at
And I make this solenin d ~ I a r a t i o n consciei~tiou~ly b e l ~ e ~ i ~ i g the same to be true and by virtue of rite ~~~~s Acts 1867 fo 1960.
Declared at
State of , this Before me---
’ in
t”elr
day of ,152
.
JAs amended by Act of 1971, No. 10, s. 25.
[s. 61 SCHEDULE C
N~iiiiber Date of Name of
A ~ r e e ~ e ~ ~ t , Lienor
Name of Witness or
Witnesses
Yame of
Lienee Consid- eration
Nature Descrip- and des- tion cription of Land
of Lien
TO
CANE ACT 1931-1975
Page
A
Application of proceeds of sugar cane- Assignment or transfer of lien by endorsement
. . s. I)
I9
4 9
.I
..
. . . .
. *
.. ..
.. . . .. . .
..
C
~ o m ~ c n c e m e n t o f Act- . . . .
Correction of errors- ' . .f
.. 1
. . 1 2
i 9
,I
..
. .
. .
. .
.I
. .
f.
.I
. .
. . .
I. .
. . *
. . .
. . .
.I .
f. t
. . .
. . . . .. ,
. . . .
., . . D
Ddiiiitiori- . . . .
assistantcominissiuner commissiuner . .
crop . . , ,
1 ien . . . .
lienee . . , ,
lienor . , ..
owner of a crop . .
owner o f a mile . .
register . . . .
Dischsrge-
. . . .
. . . .
. . . .
. . . . . . . . . . . . . . . . . . . .
. . . .
. . . .
. I . .
.I * .
7 L
7 3
E ..
Extension of'tiine- . . . . 9
F
. . . .
FtXS- . . '1 9
1
Instruments-
contents of . . .
execution of . . .
registration of . . .
4 (2), Sch. A 4 (1) 4 (3), Sch. b'
3, 1;
3, 1 1
L
Lien$-
assignment, etc. . . .
discharge . . .
further provisions
. .
not affected by sale, etc., o f l a n i ' production to owner ol'mile .
renewals . . .
reatcictions as to giving of . ,
..
I ! . . . . 9. . I . . . .
. . I I . . . . . . 1 5 . . . . ' . 17 . . . .
. . ss. 13,14 . . .. S. 10 . . . . . . . .
. . . . . . . . . . .
t . * .
.I
. .
* . . I
7 i,
5
0
Other Acts-
2 3 9
n u i t - ~ p p ~ i c ~ t i ~ r ~
. . .
INDEX 13
P
Power-
oftienee . . . s. 8 . . . . . . .
of search of register for obtain in^ copies 20 . . . .
Priority-
generaIIy . . . 16 .. * .
provisions as to priority where t w o or more liens given . . 12 .f . *
R
Register-
keeping of . . . 6 . . . .
power to search for obtaining copics . . . 20 . . . .
recording of discharge i n . . . I . . . .
Registration-
effcct of . . .
instrument . . . 4 (3 j,' scit. '6
place of . . . 18 . . . .
priority 4(4) I .
generai 1 y . . . 1 3 . . . .
provisions as to . . . 14 * . ' '
Repeals- . . . 3 . . . .
Rules of Court- . . . 24 . . . .
. . .
Renewals-
Schedules- . . . Scli. A , B, C ..
Short title-- . . .
.,
....
* .
. .
. .
. . ..
.. ..
. .
f.
f.
..
. . ..
f.
..
Page
s
77 6
3 9 3
3 3,11 3 8
6 6 2 10
10,l I I
By Authority: S. R. HAMPSON, Government Printer, Queensland
