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Warning

“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

(2)

This reprint has been re pared under the A ~ t h o r i ~ of the ~ a r ~ ~ ~ e n

(3)

A IS

1. Short Title

2. ~ ~ r n ~ e n ~ r n e ~ t 3. Repeal

4. Forms

SCHEDULE 1 SCHEDULE 2

(4)

TU

[Reprinted as at 1 September, 19901

[Regulations published Gazette 27 June 1987, pp. 2 165-2 188.1

~ e p a ~ ~ e n t of Local ~ o v e ~ ~ e n t Brisbane, 25th June, 1987

HIS ~xcellency the ~ o v e ~ o r , acting by and with the advice of the Executive Council and in ~ u ~ u a n c e of the provisions of the Local

~ o ~ Act e ~ 9 ~ 6 ~ ~ ~ 8 7 , ~ ~ has been pleased to make the following ~ ~ ~ t r e ~ l a t i o n s .

st

Title. These reg~lations may be cited as the Local

at,

These regulations shall come into operation on

. The regulations referred to in Schedule 1 are repealed.

(1) The forms set fo es for which they a

Standard Debenture Regulations 1987.

in the Schedule 2 s spectively applicable,

(2) A form presc~bed by these regulations shall be c o m p l e ~ d in accordance with such directions as are specified in the prescribed form.

(3) The following forms shall be used as the s ebentures in relation to the lenders set out against th

(a) Form 1-Police Supe~nnuation Bo

ncorp I n s ~ a n c e and Finance;

c Trustee of ~ ~ ~ ~ ~ s l a n ~

(d) Form 4 - ~ a ~ i o n a l Australia Savings Bank Limited;

(5)

2 reg. 4 LOCAL GOVERNMENT STANDARD reg, 4 DEBENTURE REGULATIONS 1987

(e) Form 5-Administrators of the National Australia Bank Group S u p e r a n n u a ~ o ~ Funds;

(f) Form administrators of the National Australian Bank Group Su~erannuation Funds;

(g)

Form 7-Commonwe~th Savings Bank of Australia;

(h) Form &-Australian Mutual Provident Society;

-MLC Life Limited;

-NZI Life Limited;

-The Colonial Mutual Life Assurance Society -The Prudential ssurance Compahy Limited;

(i) Form 9-Australia and New Zealand Savings

0 ) Form 1 0-The Prudential Assurance Company Limited.

Limited;

(6)

Sch. 1 LOCAL G ~ V ~ R N ~ E N T STANDARD Sch. 1 3 DEBENTURE R ~ G ~ L A T I O ~ § 1987

ons repealed (reg. 3)

ed in Column 1 and published in t The regulation

eensl~nd ~ o v e r n ~ e n t Gazette a

ended) under the Local Govern n 2, in force (as

~ o l u m n 1 ulations

egulations ~ u n t i t ~ e d ) made under “The Local G o v e ~ n ~ e n t Acts, 1936 to 1959”

egu~ations (untitled) made

under “The Local G o ~ e ~ n ~ ~ n t Acts, 1936 to 196P

egulations (untitled) made under “The Local Govern~ent Acts, 1936 to 1961”

4. Regulations (untitled) made

under “The Local ~ o v ~ r n ~ e n ~ Acts, 1936 to 1963”

under ‘‘ The Local Govern Actsp 1936 to 1966”

egulations (untitled) made

under “The Local ~ o v e ~ n ~ e n t Acts, 1936 to 1961”

7, Regulations made

under the Lo ent Act 8. Regulations ~untitled) made under the Local G o v e r n ~ e n ~ Act 5. ~ e g u l a t i o n s (untitled) m

1 ~ 3 ~ - 1 9 6 ~ I 936- 1 9 70

Column 2 ublication

November 1960 at (b) pages 1907- 10 December 1960 at 1 9 1 1

page 2248

2. 14 J ~ 1961 at page 192 ~ a ~

3, 13 October 1962 at p

arch 1964 at pages 1 127- 1128

5. 22 April 1961 at pages 1447- 1449

~

6. 17 August 1968 at pages 169’7- 1698

7. 24 May 1969 at pages 450-451

8. 27 March 1971 at page 1260

(7)

4 Sch. 2 f. 1 LQCAL ~ Q ~ E STANDARD ~ ~ ~ ~ N T DEBENTURE REGULATIONS 1987

SCHEDULE 2 [E- 11 QUEENSLAND

DEBENTURE T r ~ n ~ ~ e r ~ l e by Delivery I§§UE OF ~ E ~ E N T ~ ~ E S @

...

...

and b

...

and published in the Queenslan

B

G ~ v e r n ~ e n t Gazette on the

...

this debenture the sum of

...

y the said sum of

...

at the specified in the h t and second c o I ~ n s respectively

in the first and third columns r e s p ~ i v e ~ y of the said

(b) At the option of the Lender or other the holder h e r e o ~ but only at such option, the principal sum and other sums of money and interest intended, to so much thereof as shall for the ame being times and in the manner forthwith ~ o m e and be er the holder hereof as a at the rate aforesaid until payment thereof.

are charged upon all the revenues of

.

This debenture @io entitles the h n d e r or other the said holder thereof to r M t s and remedies afforded to debenture holders by

...

or any statutory mo~fication or re-enact men^ thereof.

(8)

Sch, 2 f. 1 LOCAL ~ O V E R ~ ~ E ~ T STANDARD Sch. 2 f. 1 5 DEBENTURE REGULATIONS 1987

7, The delivery to the Borrower of this debenture shall be a good dischage for the principal moneys and interest therein specified, and the Borrower shall aot be bound to enquire into the title of the holder of these i n s t m e n t s or to take notice of any trust affecting such moneys or be affs:ed by express notice of the right, title, or claim o f any other person to such moneys or instruments.

THE SCHEDULE hereinbefore referred to-

...

...

Given under the common seal o f

and signed b

the ~ a ~ o r / C h ~ ~ a n as d a h a n of that

... ,

and

...

the Clerk thereof, this

...

day of

...

19

...

In the presence of-

...

A Justice of the Peace

Entered in the Register of Debentures of

...

Clmk.

(9)

6 Sch. 2 f. 2 LOCAL ~OVERNMENT STANDARD Sch. 2 f. 2 DEBENTURE REGULATIONS 1987

[Form 21

THE COUNCIL OF THE

...

O F

...

DEBENTURE

ISSUE OF DEBEN’lXJRES by the Council of the

...

of

...

under the provisions of the Local G ~ v e r n ~ ~ ~ t Act 1936-1987, and by virtue of an Order in Council made the

...

day of

...

19

...,

and published in the ~ ~ e e n s ~ a ~ ~ G o v e r ~ ~ ~ n t Gazette on the

...

day of

... ,

19

...

THIS ISSUE comprises ONE DEBENTURE namely SERIES

“,... ....

for the sum of one hundred dollars per annum payable as hereinafter set forth. Per

The Council of the

...

of

...

(hereinafter called “the Council” which term shall be deemed to include its successors}

d l pay to Suncorp Insurance and Finance (hereinafter called “Suncorp”) the sum of

...(

hereinafter called “the principal sum”} together with interest thereon

at the rate of ... er centum per annum, in the manner foilowing, that is to say:-

(1) The principal sum, namely, the said sum of

...

by the instalments and at the times specified in the second and fourth columns of the Schedule hereunto annexed.

(2) Interest at the rate aforesaid on the principal s u m or on so much thereof as shall for the time being be unpaid computed in respect of the

m o u n t s (being instalments by which the principal sum shall be

from the respective dates hereunder set opposite the same to the First day of and payable by the instalments and at the times specified in the third and fourth columns, respectively, of the Schedule namely-

Amount

...

Date from which Interest Computed (3) Interest at the rate aforesaid on the principal sum or on so much thereof as shall for the time being be unpaid computed from and after the First day of specified in the third and fourth columns, respectively of the said Schedule.

The payments of the principal sum and interest accruing due from and after the First day of

...

shall be combined and be payable by

...

in the fourth column of the said Schedule.

All payments of principal and/or interest under this Debenture shall be made by the Council h e of exchange at Suncorp at Brisbane.

If default is made in the due and unctual payment of any instalment of interest or then and in any such case and immediately thereupon-

(a) Without prejudice to the rights accruing to Suncorp by reason of such default, interest shall be payable by the Council on the overdue amount at the rate aforesaid from the date upon which such amount became due until payment thereof, and

(b) At the option of Suncorp, but only at such option, the principal sum and other sums of money and interest intended to be secured by this Debenture or so much thereof as shall for the time being remain unpaid shall no longer be payable at the times and in the manner hereinbefore appointed for that purpose but shall forthwith become and be payable to and recoverable by Suncorp as a present debt with interest thereon at the rate aforesaid until the payment thereof.

SERIES ‘‘ I,

...

bearing INTEREST at the rate of

...

...

...

and payable by the instalments and at the times

...

h a l f - y e ~ ~ y instalments of

...

each at the times specified

of principal moneys or any part thereo

f!

as and when the same becomes due respectively,

(10)

ch. 2 f. 2 LOCAL G O ~ E R N ~ E N ~ STANDARD Sch, 2 f. 2 7 DEBENTURE REGULATIONS 1987

SCHEDULE REFERRED TO IN CLAUSES 2 AND 3

s Debenture are charged upon all rates and reyenues ure also entitles Suncorp to all the rights and remedies afforded to

by the Local G ~ v ~ r n ~ ~ ~ t Act 1 9 3 ~ - ~ ~ 8 ~ . In witness where~f the Corporate

of

...

has been affixed

Council have hereunto set their hands this

...

day of

...

...

one thousand nine hundred and

of the Council of the

...

the

...

and the Clerk of

...

of the Given under the corporate

...

of seal

...

of the Council and signed by

the

... ...

and

...

the Clerk.

In the presence of- A Justice of the Peace

steel of ~ e b e ~ t u r e ~ of the

...

Council.

Clerk.

(11)

8 Sch. 2 f. 3 LOCAL GOVERNMENT STANDARD Sch. 2 f. 3 DEBENTURE REGULATIONS 1987

[Fom 31

Q ~ E ~ S ~ ~

DEBEITRJRE

eries No.

...

$

...

is issued by

...

under and by virtue of the provisions of

...

and by virtue of an Order in Council made on the

...

day of

...

One thou ad nine hundred and

...

... .-....,

published in the

and

G o v e ~ n ~ e ~ t Guzette on the

...

... ...,

One thousand nine hundred and

...

This issue comprises one (namely §cries “...*

...

”) far the s rest at the rak of

...

r set forth+

1.

.. .__.. ...

( h e r e ~ n a ~ e r called “the b o ~ o ~ e r ” ~ will pay to The Q u e e n s ~ d ( h e r e i n a ~ e ~ called “the lendef‘) interest at the rate sf

centum per annum on the whole of the s a d sum of

...

mentioned in the First Column of the First Schedule hereto in the to the lender the said sum of

...

”) and interest on the principal sum or so much of time to time remain unpaid at the rate of

...

mentioned in the First Column of the Second Schedule

...

b

annum payable as

susn mentioned jn the Second ~ l u m n of the First Schedule hereta.

~ h e r ~ ~ n a ~ e r called “the the principal sum as s per centurn per annum

hereto and by the ins~Iments in the sums set fort payme~t

the sums

nd Schedule hereto opposite the amount of the 2. Msa the borrowe

(12)

. 2 t 3 LOCAL ~ ~ V E R N ~ E N T STANDARD Sch. 2 f. 3 9 DEBENTURE R E ~ U ~ T I ~ N S 1987

First Column Time of payment o f an

~nstalment

Second Column Amount of

instalment

Third Column Frincipal included in

instalment

Fourth Chlumn

Interest included in

i n s t a ~ m ~ n t

Instalment Number

1 2 3 4 5 '7 6 8 9 10 11 12 13 14 15 16 17 18 20 19 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37

Balance of principal owing after ~ a y ~ e n t of

instalmen%s

r upon demand to be made by the lender all

in the State of ~ u ~ ~ s ~ ~ n d "

(13)

10 Sch, 2 f. 3 LOCAL GOVERNMENT STANDARD Sch. 2 f. 3

~ E E E ~ T U R E REGULATION^ 1987

immediately thereupon but without prejudice to the rights accruing to the lender by reason of such default-

(a) Interest at the rate aforesaid shall be payable by the borrower to the lender on the overdue amount (including overdue interest) from the date upon which such overdue amount became due and payable until payment thereof by the borrower to the lender;

(b) At the option of the lender but only at such option the principal sum for the time being owing under and secured by this debenture shall immediately become due and payable by the borrower to the lender n o t w i t h s ~ d ~ n g that the time or times hereby appointed for the payment thereof shall not have arrived and shall be payable to and recoverable by the lender a5 a present debt with interest thereon at the rate aforesaid until p a y ~ e n t thereof to the lender.

6. The moneys payable under this debenture are cha d upon all the revenues 7. This debenture entitles the lender to all the rights, powers and remedies ~ o r d e d

to debenture holders under the provisions of

...

and the ~ ~ ~ t u t ~ ~ die^ Finavacial Arrangements Act I ~ g ~ - 1 ~ 8 4 , and eveq amendment thereto and re-

enactment thereof now or hereafter to come into force.

In witness whereof the corporate sed of

...

has been affixed hereto and the

...

and the

...

of the said

...

have hereunto set their names this

...

day of

. ...+...,

One thousand nine hundred and

...

rates if any) of the borrower ~ o ~ s o e v e r arising.

1

...

Given under the corporate seal

...

of the and signed by the

and by the of the

said

... ...

In the presence of-

...

in the Register of Debentures of

...

Entered this

...

day of

... ,

19

....

(14)

Sch. 2 f, 4 LOCAL GOVERNMENT STANDARD Sch. 2 f. 4 11 DEBENTURE REGULATIONS 1987

[Form 41

Q ~ E N S L ~

THE COUNCIL OF THE

...

OF

...

DEBENTURE

$

...

Date of Issue:

...

Transfer~le by Delivery Series

...

ISStE OF DEBENTURE by the

Council

of

...

.made under the provisions of the

Local

Government Act 1936-1987, and by virtue of an Order in Council made the ... of

... ,

19

...,

and

publisbed in the ~ e n ~ l a n ~ Government Gazette on the

...

k Y

of

... ...’.-’,

19

...

This issue comprises one debenture namely

1

Series for the sum of

...

($

...

bearing internst at the rate of ($

1

per centum per annum payable half-yearly and subject to and upon the terms and conditions hereinafter set forth.

The Council of

...

(hereinailer called “the CouncP) which term shall be deemed to include its successors will pay to The National Australia Savings Bank Limited (hereinafter d e d “the Bank”) or other the holder or holders hereof for the time being at the office of The National Australia Bank Limited at

...

in

(hereinafter called “the principal sum”} together with interest thereon at the rate of

...

($

...

) per centum per annum by instalments and at the times followmg, that is to say:-

(a} The principal sum by the h t d m e n t s and at the times spedied in the m h and second columns respectively of the Schedule hereunder mittea

(b) Interest at the rate aforesaid on the principal s u m or so much thereof as shall for the time being remain owing computed &om the date of issue hereof by the instalments and at the times specified in the fourth and second columns respectively in the said Schedule, The payment of the principal s u m and interest accruing due from and after the date of issue of this debenture shall be combined and shall be payable by

...

and a final instalment of

...($ ...),

at the times spci€ied in the second coluinn of the Said Schedule

9 )

...

.),

... ...

... ...

the State of Queensland the principal s u m of ($

1

( . . . . . . . . . . .

* . . . .

* I

.

...

) equal instalments of

...

($

..._...-.)

or by (

...)

equal instalments of

...( $... 1

If de%& shall be made by the Council in the due moneys payable by the Council hernunder or any part becomes due respectively then and in any such case and m m prejudice to the Fights accruing to the

reason of such defhult- or other the holder or holders

(a) Interest shall be payable by the

c=suneil

to the Bank or such bolders on the overdue amount at the rate a f i o d from the

da&

ch such amount baame due until payment thereog and

(b) At the option of the Bank or other the holder or holdem hereof for the time being, but only at such option, the pMcipal sum or so mnch thereof as shall for the time being remain owing shall no longer be payable at the times and in the manner hereinbefore appointed for that purpose but shall forthwith become due and be payable to and recoverable by the fkdnk

or

such holder or holders as a present debt with interest thereon at the rate; d&d until payment there&

the rates The moneys payable d e r this debenture are charged npon all and

and revenues of the council howsoever arising

(15)

12 sch, 2 f. 4 LOCAL G O V E R N ~ E ~ T STANDARD Sch. 2 d: 4 DEBENTURE REGULATIONS 1987

This debenture entitles the Bank or other the holder or holders hereof to all the ri ts and remedies afforded to.debenture holders by the Local G o v e ~ n ~ ~ n ~ Act 1936-

I

87, or any statutory mo&fication or re-enactment thereof.

The Council will on demand pay to the Bank all costs incurred by it in relation to the enforcement or atteTpted enforcement of the Bank’s rights under and by nrtue of the said Order in C o u n d and this debenture respectively.

The Council shall forthwith and from time to time during the continuance of this security whenever required so to do by the Bank or other the holder or holders hereof supply the Bank or other the holder or holders hereof with the following information:-

(a) Particulars and valuations of all rateable lands situated within the boundaries (b) The total amounts of the geperal a;nd special rates levied in any period and (e) The amount for the time being standing to the credit of the general and all uired to be made on the Council hereunder may be made in writing under the h a n d s 2 an class of Manager of the Bank or the attorneys or attorney of the Bank or other the {older or holders for the time being hereof and left at the office of the Council or sent through an Post Office addressed to the Council or to the Clerk of the Council and any notice or Lmand sent by post shall be deemed to have been served upon the Council at the expiration of twenty-four hours after it is posted and in proving such service it shall be s u ~ c i e n t to prove that the letter containing the notice or demand was properly addressed and put into the Post Office.

The delivery to the Council of this debenture shall be a good discharge for the principal moneys and interest herein s ecified and the Council shall not be bound to enquire into the title of the holder o t t h i s debenFre or to *e notice of any trusts affecting such moneys or be affected by express notice of the utle or claim of any other person to such moneys or instruments.

In witness whereof the common seal of the Council of

...

has been hereunto a a e d and the

...

and the Clerk have hereunto set their hands this ... of

... ,

One thousand nine hundred and

...

d

of the

...

;

the amount thereof for the &me being in arrears;

other relevant funds.

Any notice or demand

...

Given under the common seal of the Council of of the

... ,

and si ed by

...

the

...

and

h

e

...

Clerk.

Clerk

In the presence of:-

...

Entered in the Register of Debentures of the Council of the

...

Clerk.

THE SCHEDULE HEREINBEFORE REFERRED TO

(16)

sch. 2 f. 5 LOCAL GOVERNMENT STANDARD b. 2 f. 5 13 D E B ~ N T ~ R E REGULATIONS 1987

[Form 51

Q ~ E N S L A ~

THE COUNCIL OF T E

...

D E B E ~ U R E

Date of Issue:

...

19

....

~ r ~ ~by s~ e l i v e ~ ~ r ~ ~ ~ e SERIES

...

B E ~ U R E b the Council of the

...

made under of the ~ ~ ~ ~ ~Act ~1936-1987 ~ e and by virtue of an Order r n ~ e n ~ in Council made the

...

day of

... ,

19

...

and published in the ~ ~ e e n s l a ~ d ~ o v e r n ~ e ~ t Gazette on the

...

This issue comprises one ture namely Series

...

for the sum interest at the rate of

...

($

...

) per centum r annum payable and subject to and upon the terms and conditions hereinafter set Krth.

The Council of the

...

~ e r e i M ~ e r called “the Council”) which term shall be deemed to include its successors will pay to the A ~ ~ ~ s ~ t o r s of the National Australia ank Group Superannuation Funds (hereinafter called “the A ~ i n i s t r a t Q r s ” ~ or other the holder or holders hereof for the time being at the o&w of the National Australia Limited at

...

in the State of Queensland

free of exchange the 1 sum of ($

1

(hereinafter called ‘* cipal sum”) together with interest thereon at the rate of

...

($

...)

per centum per annum by instalments and at the times

following that is to say-

5 )

day of

... ...

19.*.*

of

... ...

($

... 1

b e m w

... ...

(a) The principal sum by the instalments and at the times

or so much thereof as shall

... (... ...

i n s ~ m e n t s of

...

($

...

) and a

...

...

($

...

) at the times in the due and p u n ~ u ~ payment of any any part thereof as and when the same case and ~ m m e ~ a ~ l y thereupon without or other the holder or holders hereof the ~ ~ i n i s t ~ t o ~ or such holder rate aforesaid &om the date upon which such m o u n t became due until payment

thereat

and

(b) At the option of the A d m i n i s ~ a t o ~ or other the holders hereof €or the time being but only at such option the princ r so much thereof as shall for the time being remain owing shall be payable at the times and in the manner hereinbefore appointed for that purpose but shall forthwith ~ o m e and be payable to and recoverable by the Administrators or such holder or holders as a present debt with

st

thereon at the rate aforesaid until payment thereof.

The moneys payable under this Debenture are charged upon all and singular the rates and revenues of the Council howsoever arising.

(17)

14 Sch. 2 f. 5 LOCAL ~ O V E R N ~ ~ N T STANDARD

DEBENTURE REGULATIONS 1987 Sch. 2 f. 5 This Debenture entitles the Administrators or other the holder or holders hereof to all the rights and remedies afforded to debenture holders by the Local G 5 v e r n ~ e ~ t Act 1936-1987, or any statutory modification or re-enactment thereof.

The Council will on demand pay to the Administrators all costs incurred by them in relation to the enforcement or attempted enforcement of the A d m i ~ i ~ ~ a t o r s ' rights under and by virtue of the said Order in Council and this Debenture respectively.

The Council shall forthwith and from time to time during the continuance of this security whenever required so to do 'by the Administrators or other the holder or holders hereof supply the Administrators or other the holder or holders hereof with the following informat~on:

(a) Particulars and valuations of all rateable lands situated within the boundaries of the

...

(b) The total amounts of the general and special rates levied in any period and the m o u n t thereof for the time being in arrears;

IC)

The amount for the time being standing to the credit of the general and all other relevant funds.

Any notice or demand required to be made on the Council hereunder may be made in writing under the hands of the Admi~strators or any one or more of them or the attorneys or agents of the Administrators or other the holder or holders for the time being hereof and lefi at the office of the Council or sent t h r o u ~ any Post Office addressed to the Council or to the Clerk of the Council and any notice or demand sent by post shall be deemed to have been served upon the Council at the ex pi ratio^ of twent~-four hours afier it i s pasted and in roving such service it shall be sufficient to prove that the Office,

The delivery to the Council of this Debenture shall be a good discharge for the principal moneys and interest herein specified and the Council shall not be bound to enquire into the title of the holder of this debenture or to take notice of any trusts affecting such moneys or affected by express notice of the title or claim of any other person to such moneys or instruments.

In witness whereof the common seal of the Council of

...

has been hereunto affixed and the

...

and the

...

clerk have hereunto set their hands this

...

day of

...

One thousand nine hundred and

...

letter containing the notice o

P

demand was properly addressed and put into the Post

...

Clerk,

i

Given under the common seal of the Council and ed by

...

the

...

...

the

...

Clerk.

.

In the presence of-

...

egister of Debentur~s of the Council of the

...

(18)

Sch. 2 f, 6 LOCAL G Q V E R ~ E N T STANDARD Sch. 2 f. 6 15 , DEBENTURE RE~ULATIONS 1987

[Form 61

Q ~ E E N S L ~ N D THE COUNCIL OF THE

...

DEBENTU~E

$ . . % . I . . .

...

Date of Issue:,

...

19

...

~ r u n s ~ ~ u b i e by Delivery SERIES

...

ISSUE QF DEBENTURE b the Council of the

...

made under the provisions of the ~ ~ ~ u rAct ~1936-1987 and by virtue of an Qrder in ~ ~ e r ~ ~ e ~ ~ Council made the

...

day of

...

, 19

...

and published in the

~ u e e n ~ ~ u ? ~ ~ ~ ~ v e r n r n e n ~ ~ ~ z e t t e on the

...

day of

...

.19

...

This issue comprises one debenture namely Series

...

for the sum of

...

bearing interest at the rate of

...

per centurn per annum payable and subject to and upon the terms and conditions h e r e ~ n a ~ e r set forth.

The Council of the

...

~ h e r e i n a ~ e r “the Council” which term shall be deemed to include its succe~sors) will pay to the inis~ators of the National ank Croup Superannuation Funds

hereinafter

called “the Adrnin~s~ators”} or other the holder or holders hereof for the time being at the office o f the National Austral~a Bank Limited at in the State of ueensland free of exchange the principal sum of

...

~ h e r e i n a ~ e r called “the p~ncipal sum”) together with interest thereon at the rate of ...p er centurn per annum by instalments and at the times following that is to say:-

,,

>,

The principal sum by the ments and at the times specified in the fifth and second columns respec of the Second Part of the Schedule hereunder written,

Tnterest at the rate aforesaid on

...

computed from the date of issue of this Debenture up to and inc~uding the

...

day of

...

19

...

by the instalmen specified in the fourth and second columns in the First Schedule.

Interest at the rate aforesaid on the principal sum or so much thereof as shall for the time being remain owing computed from the said

...

... ,

19

...

by the i n s ~ l ~ e n t § and 2t t h and second columns Tespective~y in the Sec0

The p a ~ e n t o f the principal sum and interest d after the

...

4’ of combined and shall be payable

...

...

~ 19..

....

“by

...

equal

...

i

&‘by

...

equal

.

and a

...

an

OT

at the times specified in the secoud column of the Second Part of the said Schedule.

by reason of such default-

(a) Interest shall be payable by the Council to the ~ d m ~ n i § t ~ t o r s or such holder or holders on the overdue amount at the rate aforesaid from the date upon which such amount became due until payment thereof, and

(b) At the option of the Adminis~rators or other the holder or holders hereof for the time being but only at such option the principal sum or so much thereof

(19)

16 Sch, 2 t 6 LOCAL ~ ~ R N STANDARD ~ E ~ T Sch. 2 f. 6 ENTURE R E G U ~ A T ~ O ~ S 1987

as shall for the time being remain owing shall no lo er be payable at the the manner herei

forthwith become and be payable to and recoverable by the ~ d ~ n i s ~ t o r s or such holder or holders as a resent debt with interest thereon at the rate

doresaid until p a y ~ e n t thered'

fore appointed for

T

t at purpose but shall

The ~ o n e y s payable under this Debenture we ch upon all and singular the trators or other the holder or holders hereof to ebenture holders by the Local G o v e r ~ ~ e ~ ~ Act

or r e - e ~ a G ~ e n t thereof, tes and revenues of the Council h o w § ~ v e r arising,

Iars and v a ~ u a t i o ~ s of all ~ t e ~ b ~ e lands situated within the boundaries

d to be made on the

~ d ~ ~ ~ i ~ ~ t o r s or a f the C o u n ~ ~ l or sent

il of the

...

...

Clerk have hereunto

...

One d

... ...

Clerk.

r the ~ Q m ~ o n seal of the Council

...

and

...

e

...

Clerk,

(20)

Sch. 2 f. 6

No. of Instalment

LOCAL ~ O ~ ~ STANDARD N ~ ~ N TSck. 2 f. 6 17 DEBENTURE REGULATIONS 1987

THE SCHEDULE

Date Amount of Amount of Amount of Amount of W e n Instalment Interest Principal Principal

Payable Included Included O ~ ~ s ~ d ~ n g

I t I I I

FIRST PART

(21)

18 Sch, 2 f. 7 LOCAL G O V ~ R N ~ E N T STANDARD

DEBENTURE REGULATIONS 1987 Sch. 2 f. 7 [Form 71

Q ~ E E N $ ~ N D

THE COUNCIL OF THE

...

OF

...

D E B E ~ U R E

~ r ~ n ~ e r a ~ l e by Delivcky

Date of Issue

...

ISSUE OF D E B E ~ T U ~ ~ S by The Council of the

...

of

...

under the provisions of the Local G o v e r ~ ~ $ ~ ~ Act 1936-1987 and by virtue of an Order in Council made on the

...

day of

...

19

...,

and published in the Q ~ e e n s l u ~ ~ G ~ v ~ r ~ ~ e n t Gazette on the

...

day of

...

19

...

THIS ISSUE comprises ONE ~ E B namely “Series ~ ~

...

T ~ for the sum ~ ~ of hereinafter men~oned bearing interest at the rate of

...

per one hundred dollars per annum payable half-yearly and subject to and upon the terms and conditions following:--

1. THE COUNCIL OF THE

...

of

...

(hereinafter called “the Council” which expression shall be deemed to inGlUde its successors

and assigns~ will pay to C O ~ ~ O ~ EIMGS BANK OF A ~ $ T ~ L ~ ~

~herein&er called “the Bank”) which expre he context admits shall be deemed to include its successors and assigns opt in the event of the transfer of this Debenture at any time or from time to time to the transferee or transferees for the time being of this Debenture, the sum of

...

($

...

) (hereinafter called “the principal sum”) together with interest thereon at the rate of

...

per centum per annum in the manner following, that is to say:-

fa) The principal sum by the i n s t ~ ~ e n ~ s and at the times specified in the fourth and sixth columns respectively of the Schedule hereunto attached;

(b) Interest at the rate aforesaid on the principal sum or on so much thereof as shall for the time being be owing compute^ from the date of issue hereof by the i n s ~ m e n t s and at =the times specified in the third and sixth columns

~ e s p ~ t ~ v e ~ y of the said Schedule.

(c> The payment of the principa1 sum and interest accuring due from and &er the date of the issue of .this Debenture shall be combined and be payable by the respective dates specified in the sixth column of the said Schedule.

2. All payments under this Debenture shall be made by the Council to the Bank at Series

...

$

...

...

(%

...

) payable by h ~ f ~ y e a r l y instalments as

...

half-yearly ~ n s ~ l m e n ~ s of

...

each on

the Branch of the

...

~ u e e n s l a ~ d so long as the Debenture then to the Tra for the time being of the Council;

3. The Council will on demand pay to the Bank all costs incurred by the Bank in relation to the ~ ~ e ~ a r a t i o n , complet~~n, and stamping of this Debenture (including the stamp duties payable hereon) and of and i n c ~ d ~ n ~ to the said Order in Council and to the enforcement or a t t e ~ p t e d e n f o r ~ ~ e n t of the rights, powers or remedies of the Bank or other the transferee 51 transf~~ees for the time being of this Debenture and also in respect of the isc charge of this Debenture.

ult shall be made in the due and punctual payment of any of the moneys this Debenture then and in any such case and immediately thereupon, without prejudice to the other rights accruing to the Bank or other the transferee or transferees for the time being of this Debenture by reason of such default:

fa) Interest shall be payable by the Council to the Bank or other such transferee or transferees on the overdue amount at the rate aforesaid from the date upon which such amount shall have become due until payment thereot and

...

at

...

nk shall hold this Debenture or if the e or Transferees for the time being

(22)

§ch. 2 f. 7 LOCAL. GOVERNMENT STANDARD $eh, 2 f. 7 19 DEBENTURE REGULATIONS 1987

(b) At the option of the Bank or other the transferee or transferees for the time being of this Debenture but only at such option, the principal sum and other sums of money and interest intended to be secured by this Debenture or so much thereof as shall for the time being be unpaid shall no longer be payable at the times and in the manner hereinbefore appointed for that purpose, but shall forthwith become and be payable to and recoverable by the Bank or other such transferee or transferees as a present debt with interest thereon at the rate aforesaid until payment thereof.

5. The moneys payable under this Debenture are and shall at all timessbe deemed to be charged upon all the rates and revenues of the Counal ho~soever ansing.

6, This Debenture also entitles the Bank or other the transferee or transferees for the time being of this Debenture to all the rights, powers, and remedies afforded to Debenture Holders by the h c ~ l Government Act 1936-1987, and any statutory modification or re-enactment thereof.

7 . The delivery to the Council of this hbenture shall be a good discharge for the principal moneys and interest therein specified, and the Council shall not be bound to enquire into the title of the transferee of this Debenture or to, ke I notice of. any trust affecting such moneys or be affected by express notice of the n t title or claim of any other person to such moneys or this Debenture.

In witness whereof the common seal of the Council of the

...

of

...

has been hereunto affixed and the ~ h a i ~ a n / M a y o r and the Clerk of the Council have hereunto set their hands

...

day of

... ,

One thousand nine hun and

...

...

...

C h a i ~ ~ / ~ a y o r .

...

Clerk.

Given under the common seal of the

Council of the of

..l.~....,..f.l)...and signed by the Chairman/

and the

Clerk thereof

... ...

All in the presence of-

...

A Justice of the Peace

ster of Debentures of the Council of the

...

of

...

Clerk.

Entered in the R

THE ~ C H E D U ~ E

Local Authority

...

.Loan

...

Term

...

Years

...

Interest % ...-...p. a.

Payment of interest and repayment of principal to be made by

...

equal half-yearly i n s t ~ l ~ e ~ t $ .

No. of Instalment

Principal Outstanding at Beginning

of each Half-year

(23

Portion of alf-year’s I n s t a l ~ e n t Applied to

Interest (3)

-

C~irman/Mayor Clerk

(23)

20 Sch, 2 f. 8 LOCAL G O ~ E ~ STANDARD ~ E ~ T

D E ~ E ~ T U ~ E ~ ~ G ~ L1987 ~ ~ I OSch. ~ 2 f. S 8 [Form 81

D E B E ~ U R ~ Series No

...

...

nture is issued b the Council of the

...

s of the Local ~ v eAct 1936-19137 ~ ~ and by ~ ~vi ~ t Council pade @e day of

...

and pubhshed in the ~ ~ e e ~ ~ l ~ n d ~ o v e ~ ~ ~ e ~ t Gazette on the

...

day of

...

19

...

The Council of the

...

hereinafter &led “‘the Borrower”

which term shall be deemed to include its successors) will pay to

...

(hereinafter called “the Lender” which term shall be deemed to include its successors or other the holder of this Debenture for th

...

dollars (hereinafter called ‘‘the principal thereon or on so much thereof as for the &me bein shall

...

annum by perio&cal in 1 days and in the specified in the Schedule endorsed on the back hereof:

payment thereof and as shall be then secured

r e s ~ t ~ v e l y .

nture are charged upon all the rates and revenues

~housand nine hundred and

...

Given under the common se ouncil

of the uthor-

ity of the 1 and under of the

Mayor/Ck and the Cle

...

Clerk.

ISedI

In the presence of-

...

A Justice of the Feace

Entered in the Register of Debentures of the Council of the

...

(24)

Sch. 2 f. 8 LOCAL ~ O V E ~ ~ ~ E N T STANDARD Sch. 2 f. 8 21 DEBENTURE R ~ ~ U L A T ~ O N S 1987

EDULE OF P A Y ~ E ~ S

Loan

of $

...

with interest at $

...

per centurn per 'annum repayable over a term of ... ears by

...

Due Date Principal Interest Balance of Principal

(25)

22 Sch. 2 f. 4, LOCAL G O V E R N ~ E N T STANDARD eh. 2 f. 9

~ ~ B E N T U R E R ~ G U L A T I ~ N S 1987 [Form 91

QUEENS~ANP

TEE COUPJCIL OF THE

...

P ~ B E N T ~ ~ E

~ r a n s ~ e r u ~ ~ e by ~ e l i ~ e ~ SERIES

...

ISSUE of debentures by The Council of the

...

under the provisions of the Local G o v e ~ n ~ e n t Act 1936-1987 and by virtue of an Qrder in Council made the

...I..~...day of

...

19

...,

and published in the ~ ~ e ~ n s l u n d G o v e r ~ m e n ~ Gazette on the

...

day of

...

19

...

This issue comprises one debenture namely Series

...

for the sum of

...

payable by ha~f-yearly instalments as hereinafter ~nentioned bearing interest at the rate

of

...

per one hundred dollars per annum payable half-yearly and subject to

and upon the terns and condit~ons following:-

1. The Council of the

...

hereinafter cailed “the Council”’ which term sball be deemed to include its successor§ and assigns) will pay to Australia and New Zealand Savings Bank Limited ( h e r e i ~ f t e r called “the Bank” which expression where the context admits shall be deemed to include its assigns) or other the holder or holders for the time being of this debenture the sum of

...

hereinafter calkd “the principal surn”) together with interest thereon at the rate of

...

p er centum per annum in the manner following, that is to say:--

(a) The principal sum-namely the sum of

...

shall be payab~e at the times and by the insta~ments specified in the First and second columns respect~vely of the Schedule hereto;

(b) Until the

...

day of

...

interest at the rate aforesaid on the principal sum or on so much thereof as shall for the time being be owing computed from the date of advance shall be payable on the

,,

...~**...*...*...*...day of

...

(e) From and after the

...

y of

...

interest at the rate aforesaid on the principa~ sum on so much thereof as shall for the time being be owing ~ m p u ~ e d from the said

...

day of

...

shall be payable at the times and by ins~lments specified in the first and third columns r e s ~ c t i v ~ i y of the sai

(d) The payment of the princi sum and interest accruing due from and after

the said

...

y of

...

shall be ~ ~ b i ~ ~ e d and be payable by

...

each at the respective times specified in the first column of the said Schedule.

2, All payments of principal andfor interest under this debenture shall be made by the Council free of exchange at the Branch OBce of the Bank at

...

so long as the Bank s all hold this debenture or if the ank shall sell this debenture then to the holder or holders for the time being thereof at the Bank of the Council free of e ~ cat ~

...

~ ~ ~ e

3. The rate of interest payable by the Council under this debenture shall not, w i t h o ~ ~ the c o n ~ e ~ ~ in ivriting of the Bank be reduced or d ~ m i n ~ s h ~ d during the continuance of this debenture.

stamp duty payable in respect of any receipts for p ~ y m e ~ t n whole or in part ?E this d e ~ n t u r e , on to the preparation, completion,

duties payable hereon) and of and incidental to the said Order in Council and to the enforcement or attempted enforcement of tbe rights of the Bank or other the holder or holders for the time being of this debenture or any debenture or debentures which may be issued in exchange therefor.

5. This debenture shall be issued by the Council and delivered to the Bank forthwith

...

h a ~ f - y e ~ l y instalments of

...

duly executed and stamped and thereupon the surn of

...

shall be paid by the Bank to the Council and accepted by the Council.

(26)

Sch. 2 f. 9 LOCAL GOVERNMENT STANDARD Sch. 2 f. 9 23 DEBENTURE REGULATIONS 1987

6 . If default shall be made in the due and punctual payment of any instalment of interest and/or principal moneys or any part thereof respectively as and when the same shall become due then and in any such case and immediately thereupon-

(a> Without prejudice to the rights accruing to the Bank or other the holder or holders for the time being hereof by reason of such default, interest shall be payable by the Council to the Bank or such holder or holders on the overdue amount at the rate aforesaid from the date upon which such amount became due until payment thereof; and

(b) At the option of the Bank or other the holder or holders hereof for the time being, but only at such option the principal sum and other sums of money and interest intended to be secured by this debenture or so much thereof as shall for the time being remain unpaid shall no longer be payable at the times and in the manner hereinbefore appointed for that purpose but shall forthwith become and be payable to and recoverable by the Bank or such holder or holders as a present debt with interest thereon at the rate aforesaid, until the payment thereof.

7. The moneys payable under this debenture are and shall at all times be deemed to be charged upon all the rates and revenues of the Council howsoever arising.

8. This debenture also entitles the Bank or other the holder or holders for the time being of this debenture to all the rights and remedies afforded to debenture holders by the Local Government Act 1936-1987, and any statutory modification or re-enactment thereof.

9. The delivery to the Council of this debenture shall be a good discharge for the principal moneys and interest therein specified, and the Council shall not be bound to enquire into the title of the holder of this instrument or to take notice of any trust affecting such moneys or be affected by express notice of the right title or claim of any other person to such moneys or instrument.

THE SCHEDULE HEREINBEFORE REFERRED TO Due Date

Proportionate Amount of

Principal

Proportionate Amount of

Interest Instalments Balance of Principal Outstanding

In witness whereof the common seal of the Council of the

...

has

been hereto affixed and the Chairman and the Clerk of the Council have hereunto set their hands this

...

day of

...

One thousand nine hundred and

...

(27)

...

!

Given under the common seal of the

Council of the and

signed by

...,

the

Chairman of the Council and

...

the Clerk thereof.

...

Sch. 2 f. 9

Chairman.

Clerk.

All in the presence of-

...

A Justice of the Peace

Entered in the R e ~ ~ t ~ r of debentures of the Council of the

...

Clerk.

(28)

Sch. 2 €. 1 LOCAL ~ ~ V E R N ~ E N T STANDARD ch. 2 f. 10 25 DEBENTUm R E ~ U ~ T I ~ N S 1987

[Form 101 Q U E E N S L ~ D

D E B E N T ~ E

Date of Issue:

...

19

...

~ r a n ~ ~ r a ~ ~ e by Delivery

...

$

...

SERIES

...

ISSUE of Debenture by

...

under the provisions of

...

...

and by virtue of an Order in Council made the

...

...

19

...

and published in the ~ ~ e ~ s l a n d ~ o v e r ~ ~ e ~ ~ Gazette

...

day of

...

19

...

.) bearing interest at the rate of

...

This issue comprises one benture namely Series

...

for the sum of

...

(...

) per centum

The

...

(hereinafter called “the Borrower”} which term shall be deemed to include its successors, will pay to

THE

P ~ U ~ E ~ T I A L A S S U ~ A ~ C E C ~ ~ I ~~ ~hereinaft~r ~ T~ ~called “the company"^ or other the holder DA ~ or h o l $ e ~ hereof for the time being free of e x c h ~ g e at the principal ofice of the C o m p ~ y 39-49 Martin Place, Sydney, in the State of New South Wales, or at such other principal office of the Company in any other State or Territory of the Commonwealth of Australia or at such other place as the Company or the holder for the time being may direct the principal sum of

...

($

...)

on the

...

day of

...

19

...

orrower will also pay to the Company aforesaid interest on the said sum of

...(

$

...)

at the rate of

...

(...) per centum per ann in the first place on the said sum from the

...

day of

...

the ...day of

...

19

..,...,

and payable on the

...

day of

... ,

19

...

and thereafter by

**.=..

.

($ ,...) each payable on the of r in each and every year so Bo the Company hereunder and

...

of such interest payab~e as hereinafter set forth.

...

day of

...””...,

to the date of such further payment.

e and punctual payment o f any moneys n the same becomes due respectively th

pon-

(a} Without prejudice to the rights accruing to the Company or such holder or of such default, interest shall be payable by the or such holder or holders on the overdue amount the date upon which such amount became due until payment there06 and

(b) At the option of the Company or other the holder or holders hereof for the time being but only at such op the principal sum and other sums of money and interest intended to secured by this Debenture or so much thereof as shall for the time being remain unpaid shall no longer be payable at the times and in the manner hereinbefore appointed for that purpose but shall ~ o ~ h w i t h become and be payable to and recoverable by the Company or such holder or holders as a present debt with interest thereon at the rate aforesaid, until payment thereof.

The moneys payable under this Debenture are charged upon all the revenues of the Borrower howsoever arising subject to any prior Debentures issued according to law.

(29)

26 Sch. 2 f. 10 LOCAL GOVERNMENT S T A ~ D A R D Sch, 2 f. 10 DEBENTURE REGULATIONS 1987

This Debenture also entitles the Company or other the holder or holders hereof to all the rights and remedies afforded by

...

or any s ~ t u t o ~ modification or re-enactment thereof.

The delivery to the Borrower of this Debenture shall be a good discharge for the principal moneys and interest therein specified and the Borrower shall not

enquire into the title of the holder of this Debenture or to take notice of any trusts affecting such moneys or be affected by express notice of the right title or claim of any other person to such moneys or instruments.

In witness whereof the Common Seal of

...

has been affixed and the ~ a y o r l ~ h a i ~ a n and Clerk/Secretary of that

...

have

hereunto set their hands this

...

day of

...

One

t h o u s ~ d nine hundred and

...

...

I

Given under the Common Seal of by the authority

of the and under

the hands of the ~ayor/Chairman and Clerk/

S ~ cthereof r ~ ~

...

hllayor/Chairman.

Clerk/Secretary

.

In the presence of-

...

A Justice of the Peace

Entered in the Register of Debentures of the

...

Glerk/Secretary.

BY A ~ H O R X ~

S. R. HAIMPSON, GOVERNMENT PRINT , Q U E E N S ~ N ~ l 9 9 0 108064 (ju285) 2/90

Referensi

Dokumen terkait

The said Council shall have full power to make and alter any statutes and regulations so as the same be not repugnant to any existing law or to the pro- visions of this Act toucliing