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©State of Queensland
AGRICULTURAL BANK (LOANS) ACT AND ANOTHER ACT AMENDMENT ACT 1980, No. 11
[Reprinted as at 30 September, 1986]
An Act to amend the Agricultural Bank (Loans) Act 1959-1979 and the Co-ordination of Rural Advances and Agricultural Bank Act 1938- 1979 each in certain particulars and for other purposes
[ASSENTED TO 24 APRIL, 1980]
BE IT ENACTED by the Queen's Most Excellent 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:-
PART I-PRELIMINARY
1. Short title and citation. This Act may be cited as theAgricultural Bank (Loans) Act and Another Act Amendment Act 1980.
2. Arrangement. This Act is divided into Parts as follows:-
PART I-PRELIMINARY;
PART II-AMENDMENTS OF THE AGRICULTURAL BANK (LOANS) ACT 1959-1979;
PART III-AMENDMENTS OF THE CO-ORDINATION OF RURAL ADVANCES AND AGRICULTURAL BANK ACT 1938-1979;
PART IV-VALIDATING PROVISIONS-ORDERS IN COUNCIL;
SCHEDULE.
PART II-AMENDMENTS OF THE AGRICULTURAL BANK (LOANS) ACT
1959-1979
3. Citation. (1) In this Part the Agricultural Bank (Loans) Act 1959- 1979 is referred to as the Principal Act.
(2) The Principal Act as amended by this Part may be cited as the Agricultural Bank (Loans) Act 1959-1980.
4-14. Amended Principal Act.
PART III-AMENDMENTS OF THE CO-ORDINATION OF RURAL ADVANCES AND AGRICULTURAL BANK ACT 1939-1979
15. Citation. (1) In this Part the Co-ordination of Rural Advances and Agricultural Bank Act 1938-1979 is referred to as the Principal Act.
2 s.16 AGRICULTURAL BANK (LOANS) ACT AND ANOTHER s.23 ACT AMENDMENT ACT 1980
(2) The Principal Act as amended by this Part may be cited as the Co-ordination of Rural Advances and Agricultural Bank Act 1938-1980.
16, 17. Amended Principal Act.
18. (1) Amended Principal Act.
(2)(a) It is hereby declared that the person who, immediately before the commencement of this Act, held, under and in accordance with the Public Service Act 1922-1978the position of General Manager, Agricultural Bank, Brisbane is and was from the date of his appointment to that position the General Manager of the Corporation of the Agricultural Bank for the purposes of the Principal Act.
(b) It is hereby declared that the person who immediately before the commencement of this Act, held, under and in accordance with the Public Service Act 1922-1978 the position of Secretary and Assistant General Manager, Agricultural Bank, Brisbane-
(i) was from the date of his appointment to that position the Secretary to the Corporation of the Agricultural Bank for the purposes of the Principal Act; and
(ii) upon the commencement of this Act shall cease to hold the position ofthe Secretary to the Corporation ofthe Agricultural Bank and without further or other appointment shall hold the office of Assistant General Manager of the Corporation of the Agricultural Bank under and in accordance with the Public Service Act 1922-1978.
(3) Upon the commencement of this Act any reference in any Act, Proclamation, Order in Council, regulation, approval, authority, permit, direction, determination, order, prohibition or other act of executive or administrative authority or in any agreement, contract, deed or other document, instrument or writing whatsoever before the commencement of this Act to the Secretary to the Corporation of the Agricultural Bank shall, on and from~such commencement, be read and construed as referring to the Assistant General Manager of the Corporation of the Agricultural Bank and shall operate and have effect accordingly.
19-22. Amended Principal Act.
PART IV-VALIDATING PROVISIONS-ORDERS IN COUNCIL
23. Validation in relation to certain Orders in Council. (1) It is hereby declared that each Order in Council specified in Part A of the Schedule and published in the Gazette on the date and at the page set out in that Part and purporting to be made in the exercise of powers conferred by or under The Agricultural Bank (Loans) Act of 1959 is and always was validly made and took effect from the date specified therein.
(2) It is hereby declared that each Order in Council specified in Parts Band C of the Schedule in respect of Inscribed Stock the number of which is set out in those Parts, each Order in Council having been
published in the Gazette on the date and at the page set out in those Parts, and purporting to be made in the exercise of powers conferred by or under the Agricultural Bank (Loans) Act 1959-1974 and the Local Bodies' Loans Guarantee Act 1923-1975 is and always was validly made.
(3) For the purposes of this subsection the Governor in Council may by Proclamation appoint a day to be the "appointed day".
Where-
(a) the Governor in Council-
(i) at any time prior to the appointed day whether before or after the commencement of this Act by Order in Council duly authorizes; or
(ii) prior to the commencement of this Act by the Orders in Council specified in Part C or D of the Schedule which Orders in Council have been published in the Gazette on the date and at the page set out in~that Part has duly authorized,
The Corporation of the Agricultural Bank to borrow money;
and
(b) The Corporation of the Agricultural Bank, prior to the publication in the Gazette of the relevant Order in Council, borrows or has borrowed money from a bank, financial institution, body corporate or unincorporate or person (hereinafter in this section referred to as the lender) by the sale of inscribed stock, and purports or has purported to borrow such money pursuant to the authority ofthe Governor in Council in respect thereof; and
(c) the Treasurer on behalf of the Government agrees or has agreed to guarantee and guarantees or has guaranteed or purports or has purported to guarantee or is deemed by law (or would be or have been deemed by law if the procedure prescribed by law preparatory to borrowing the money is or had been duly followed) to guarantee or have guaranteed to the lender the amount or any part of the amount so borrowed with interest thereon at the agreed rate limited however to such amount and to such period of time and subject to such other terms, reservations and conditions as the Governor in Council may prescribe or may have prescribed by the Order in Council made in respect of such borrowing,
then, notwithstanding that the Order in Council by which the Governor in Council authorizes or has authorized The Corporation of the Agricultural Bank to borrow money as aforesaid is or was published in the Gazette after the date of such borrowing-
(d) the borrowing of money as aforesaid shall not be unlawful by reason only that it occurs or occurred prior to the publication in the Gazette of the Order in Council in question and it is declared that such borrowing is and shall be deemed always to have been a lawful borrowing authorized
4 s.23 AGRICULTURAL BANK (LOANS) ACT AND ANOTHER s.23 ACT AMENDMENT ACT 1980
by that Order in Council as if the Order in Council had been published in the Gazette prior to the date of such borrowing; and
(e) the inscribed stock sold and the inscription in its stock register (by whatever name called) of the owner of that stock by The Corporation of the Agricultural Bank in respect of the amount borrowed shall not be invalid or of no effect by reason only that the inscribed stock is or was sold prior to the publication in the Gazette of the Order in Council in question and it is declared that such inscribed stock shall be deemed always to have been as validly and duly sold and inscribed as if sale had occurred after such publication;
and
(f) the guarantee by the Treasurer on behalf of the Government to the lender shall not be invalid or of no effect by reason only that the borrowing of money occurred prior to the publication in the Gazette of the Order in Council in question or that the inscribed stock sold by The Corporation of the Agricultural Bank in respect of the amount borrowed is or was sold prior to such publication, and it is declared that such guarantee is and shall be deemed always to have been a valid and effective guarantee on and from such publication.
(4) It is hereby declared that each Order in Council specified in Part E of the Schedule and published in the Gazette on the date and at the page set out in that Part and purporting to be made in pursuance of The Soil Conservation Act of 1965 is and always was validly made in the exercise of powers conferred by or under The Agricultural Bank (Loans) Act of 1959 and took effect from the date specified therein.
Those Orders in Council shall be deemed to have been made in pursuance of The Agricultural Bank (Loans) Act of 1959.
(5) It is herebyfdeclared that each Order in Council specified in Part F of the Schedule and published in the Gazette on the date and at the page set out in that Part and purporting to be made in pursuance of The Farm Water Supplies Assistance Acts, 1958 to 1963 is and always was validly made in the exercise of powers conferred by or under The Agricultural Bank (Loans) Act of 1959 and took effect from the date specified therein. Those Orders in Council shall be deemed to have been made in pursuance of The Agricultural Bank (Loans) Act of 1959.
Date of Order in Council
SCHEDULE PART A
Date of Publication in Gazette
[s. 23 (1)]
Page of Gazette
15 June 1961 .
1 March 1962 . . . .
27 November 1969 .
6 August 1970 . . . . 17 February 1972 .. . . . 9 August 1973 . . . .
8 November 1973 .
1 August 1974 .
11 November 1976 .
18 October 1979 .
17 June 1961 .
3 March 1962 . . . . 29 November 1969 ....
8 August 1970 . . . . 19 February 1972 .. . . . .
11 August 1973 .
10 November 1973 . 3 August 1974 . f . . . . • . .
13 November 1976 . 20 October 1979 .
PART B
658 659 1359 1934 822 2679 1325 1917 1175 745
[s. 23 (2)]
Number Date of Order in Council Date of Publication Page of of
in Gazette Gazette Inscribed Stock 6 September 1979 .... 8 September 1979 163, 100
164
13 September 1979 .... 15 September 1979 251 105
PART C [s. 23 (2) and (3)]
Orders in Council under Agricultural Bank (Loans) Act 1959-1974 and Local Bodies' Loans Guarantee Act 1923-1975
Number Date of Order in Council Date of Publication Page of of
in Gazette Gazette Inscribed Stock
1 December 1977 3 December 1977 1253 63
2 February 1978 .. . . 4 February 1978 .. 401, 67 402
31 August 1978 . . . .2 September 1978 21 76 31 August 1978 . . . 2 September 1978 21, 77
22
6 8ch. AGRICULTURAL BANK (LOANS) ACT AND ANOTHER Sch.
ACT AMENDMENT ACT 1980
PART C-continued
Number Date of Order in Council Date of Publication Page of of
in Gazette Gazette Inscribed Stock 12 October 1978 · ... 14 October 1978 .. 525, 84
526
12 October 1978 · ... 14 October 1978 .. 526, 85 527
8 February 1979 · ... 10 February 1979 .. 421 90 15 February 1979 ·... 17 February 1979 .. 516 93 29 March 1979 . . . 31 March 1979 .... 1221 94 19 July 1979 ... 21 July 1979 ... 1595 97 19 July 1979 ... 21 July 1979 ... 1595 98 16 August 1979 . . . 18 August 1979 . . . . 2032 99 30 August 1979 . . . 1 September 1979 81 101 30 August 1979 . . . 1 September 1979 81 102 30 August 1979 . . . 1 September 1979 82 103 30 August 1979 . . . 1 September 1979 82 104 27 September 1979 .... 29 September 1979 485, 106
486
11 October 1979 ·... 13 October 1979 ·. 629 109 11 October 1979 ·... 13 October 1979 · . 630 110 19 December 1979 .... 22 December 1979 1654 116 10 January 1980 ·... 12 January 1980 · . 65, 118
66
6 March 1980 . . . 8 March 1980 .... 807 119
PART D [s. 23 (3)]
Order in Council under The Soil Conservation Act of1965 and the [Co-ordinator]* ofRural Advances and Agricultural Bank Act 1938-1979 Number Date of Order in Council Date of Publication Page of of
in Gazette Gazette Inscribed Stock 6 March 1980 . . . 8 March 1980 . . . . 807 1
Date of Order in Council
PART E
Date of Publication in Gazette
[s. 23 (4)]
Page of Gazette
24 June 1965 26 June 1965 .
27 November 1969 29 November 1969 .
8 A~gust 1970 . . . . 19 February 1972 .. . . . .
11 August 1973 .
10 November 1973 .
3 August 1974 .
13 November 1976 . 6 August 1970 . . . .
17 February 1972 .. . . .
9 August 1973 .
8 November 1973 .
1 August 1974 .
11 November 1976 .
20 April 1978 (shown in Gazette
as 11 April 1978) 22 April 1978 .
18 October 1979 20 October 1979 .
PART F
1136 1358, 1359 1934 823 2679 1325 1915 1176 1628 744, 745 [s. 23 (5)]
Date of Order in Council
10 September 1964 .
24 June 1965 .
27 November 1969 .
6 August 1970 . . . .
17 February 1972 .
9 August 1973 .
8 November 1973 .
1 August 1974 .
11 November 1976 .
*
SicDate of Publication in Gazette
12 September 1964 .
26 June 1965 .
29 November 1969 . 8 August 1970 . . . . 19 February 1972 .. . . . .
11 August 1973 .
10 November 1973 .
3 August 1974 .
13 November 1976 .
Page of Gazette
97 1136 1359 1934 821 2680 1325 1916 1176
8 Sch. AGRICULTURAL BANK (LOANS) ACT AND ANOTHER ACT AMENDMENT ACT 1980
PART F-continued
Sch.
Date of Order in Council Date of Publication in Gazette
Page of Gazette
20 April 1978 22 April 1978 1628
18 October 1979 20 October 1979 744
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1987
