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©State of Queensland
QUEENSLAND
[Reprinted as at 1 January, 19841
ucers Act of 1 eo.
9
An Act to Provide for Drought Relief to Primary Producers, and for other purposes
[ASSENTED TO 25 OCTOBER, 19401 IT ENACTED by the King’s Most Excellent
advice and consent of the Legislative Assem
esty, by and with of Queensland in Parliament assembled, and by the authority of the same, as follows:-
rt title. This Act may be cited as “The Drought oducers Act of 1940.”
Collective title conferred by Act of 1961, 10 Eliz. 2 No. 22, s. 1 (3).
s. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-
“Assignment9’-An assignment in the prescribed form or to the like effect of moneys payable for primary produce;
“Body corporate”-A company within the meaning of “The Companies Act of 193 1 ” or an association within the meaning of “The Primary Producers’ Co-operative Associations Acts, 1923 to 1934,” or a society registered under “The Industrial and Provident Societies Acts, 1920 to 1935”;
“Declaration”-A declaration under the “Oaths Act of 1867” in the prescribed form or to the like effect;
“Factory”-A factory within the meaning of “The Dairy Produce Acts, 1920 to 1939”;
“Indenture”-An indenture in the prescribed form or to the like effect;
“Marketing board”-A marketing board within the meaning of
“The Primary Producers’ Organisation and Marketing Acts, 1926
to
1939”: The term includes the State Wheat Board2 s. 3 THE DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS, 1940 TO 1961
and the Committee of Direction appointed under “The Fruit Marketing Organisation Acts, 1923 to 1940”;
“Minister”-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being charged with the administration of this Act;
“Person”-The term includes any body corporate or any association of persons whatsoever;
“Prescribed”-Prescribed by this Act;
“Primary producer”-Every person, not being a person engaged in primary production as an employee on wages or piecework rates, engaged in the occupation of-
(a) Dairy farmer, or
(b) Wheat, maize or cereal grower, or (c) Cane grower, or
(d) Fruit grower, or
(e) Farmer, whether engaged in general or mixed farming, cotton, potato, or vegetable growing, or poultry or pig raising; or
(It)
Grazier,and the term “Primary produce” shall have a correlative meaning;
“The Corporation of the Bureau of Rural Development” or
“Corporation”-The Corporation of the Bureau of Rural Development constituted under “The Rural Development Co- ordination of Advances Act of 1938”;
“This Act”-This Act and all Orders in Council and regulations made or purporting to be made hereunder and for the time being in force;
“Undertaking”-An undertaking in the prescribed form or to the like effect.
As amended by Act of 1961, 10 Eliz. 2 No. 22, s. 2.
3. (1) Es ent of Fund. There shall be established and kept in the Treasu nd to be called “The Drought Relief Fund” (in this Act referred to as “the Fund”).
ents into Fund. To the credit of the Fund there shall be ys available from time to time for the purposes of drought paid all (2)
relief.
tion of Fund. Subject to this Act, the Fund shall and to the extent to which it extends in making advances may be (3)
by way of loan for the purposes of drought relief.
e ~ ~ y ~ e n t s to Fund. Every repayment to the Corporation, whether wholly or in part, of any loan for the purposes of drought relief shall be paid into the Treasury by the Corporation.
THE DROUGHT RELIEF TO PRIMARY PRODUCERS ss. 4, 5 3 ACTS, 1940 TO 1961
t relief. No dairy farmer or other primary (a) For an advance by way of loan from the Corporation for the purchase of fodder and/or water or for the purpose of any other approved drought reliec or
(b) To participate in a distribution of fodder and/or water purchased and paid for or any other approved drought relief provided by any person, body corporate, or marketing board from an advance by way of loan from the Corporation to such person, body corporate, or marketing board,
producer shall be eligible-
unless such dairy farmer or other primary producer-
(i) Has no fodder and/or water or, as the case may be, is in need of such other approved form of drought reliec and (ii) Is unable to pay cash or to borrow money or to obtain
credit for the purchase of fodder and/or water, or as the case may be, for the provision of such other approved form of drought relief,
and furnishes a declaration to that effect.
The amount of the purchase price of any fodder d and paid for, or of the cost of any other approved form of drought relief provided, by any person, body corporate, or marketing board from an advance by way of loan from the Corporation to such person, body corporate, or marketing board and distributed to such dairy farmer or other primary producer (together with the costs of such distribution) shall be deemed to be a loan to and shall be repayable by such dairy farmer or other primary producer in terms of the undertaking to pay such amount and costs which he shall give before the fodder and/or water or other drought relief is distributed to or provided for him.
erest. The unpaid balance of such amount and costs shall bear interest at the rate per centum required by the Corporation to be paid to it by any person, body corporate, or marketing board upon any such advance by way of loan to him or it at all times during which interest is so required to be paid.
ent. For the purpose of repaying such amount and costs (together with interest thereon, if any), every dairy farmer or other primary producer shall assign the sum hereinafter mentioned to such person, body corporate, or marketing board from all moneys payable to him on and after such date as the Corporation shall fix for-
(i) In the case of a dairy farmer, milk, cream, and/or pigs; or (ii) In the case of any other primary producer, any primary produced on the farm or other property named in such assignment and supplied to such person, body corporate, or marketing board.
produce,
4 s. 6 THE DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS, 1940 TO 1961
Unless the Corporation otherwise permits, the sum so assigned shall be not less than five per centum of the amount payable at any time and from time to time of any such moneys as aforesaid.
(4) It shall be a condition of every loan deemed, pursuant to subsection one of this section, made to a dairy farmer or other primary producer by any person, body corporate or marketing board, and of the undertaking given by such dairy farmer or other primary producer in respect of such loan and of every instrument securing the same, that if such dairy farmer or other primary producer sells or agrees to sell or otherwise assures or agrees to assure to any other person his estate or interest in the land whereon he engages in his occupation as such without the prior consent in writing of the person, body corporate or oard by whom such loan is deemed made, the whole of such loan then remaining unrepaid shall forthwith become due and payable and shall be recoverable, with interest thereon, by such person, body corporate or marketing board, and that for the purposes of such recovery such person, body corporate or marketing board shall have and may exercise all such rights and remedies as it would have and might exercise if such dairy farmer or other primary producer had made default in the repayment of the moneys so recoverable.
As amended by Act of 1961, 10 Eliz. 2 No. 22, s. 3.
If any dairy farmer or other ssignment to a person or body corporate or marketing board diverts his supply of milk, cream, and/
or pigs or other primary produce to some other person, body corporate, or marketing board at any time subsequent to giving such assignment, such first-mentioned person, or body corporate, or marketing board may notify the other person, body corporate, or marketing board to whom or which such dairy farmer or other primary producer has diverted his supply of the existence of such assignment and of the amounts payable thereunder and the times at which such amounts are payable.
Such notice shall require the other person, body corporate, or marketing board to whom or which it is given to retain and pay to the person, or body corporate, or marketing board who or which is the assignee sufficient of the moneys from time to time payable by him or it to the dairy farmer or other primary producer concerned to meet the payments under such assignments.
Any person, body corporate, or marketing board who fails to comply with the requirements of any such notice shall be guilty of an offence.
ent. An assignment shall remain in operation until the amount and costs (together with interest, if any, thereon) repayable under this section have been repaid in full and, while it remains in operation, every such assignment shall bind every person who supplies milk, cream, and/or pigs or, as the case may be, other primary produce from the farm or other property mentioned in such assignment.
THE DROUGHT RELIEF TO PRIMARY PRODUCERS ss. 7 , 8 5 ACTS. 1940 TO 1961
ity. Any person, body corporate, or marketing board retaining or paying any moneys payable to any other person whomsoever for milk, cream, and/or pigs or, as the case may be, any other primary produce supplied from a farm or other property mentioned in an assignment in satisfaction of such assignment shall be deemed to act under the authority of the dairy farmer or other primary producer who gave the assignment and of all other persons concerned and is hereby indemnified accordingly.
and with respect to any advance by way of loan from the Corporation to any dairy farmer or other primary producer.
mity to
Subject to this Act the Corporation may make advances from the Fund by way of loan to-
(i) Any person or body corporate who or which is the owner of a factory; or
(ii) Any dairy farmer who is supplying or who usually supplies milk and/or cream (other than to a factory) for consumption as such; or
(iii) Any person, body corporate, or marketing board to whom or which any class of primary producers are supplying or usually supply their primary produce; or
(iv) Any primary producer other than a dairy farmer,
for the purchase (subject as hereinafter prescribed) of fodder and/or water for dairy cattle, for the necessary working horses, and for pigs on any dairy farm of-
(a) In the case of an advance to any person or body corporate mentioned in paragraph (i) of this subsection, a dairy farmer who is supplying or who usually supplies milk, cream, and/
or pigs to the factory owned by him or it; or
(b) In the case of a dairy farmer mentioned in paragraph (ii) of this subsection, such dairy farmer, or
for the purpose of any other drought relief approved by the Governor in Council in the case of any other primary producer mentioned in paragraph (iii) or paragraph (iv) of this subsection.
(2) No advance by way of loan shall be made under this Act to any person or body corporate or marketing board unless and until an indenture has been duly made between the Corporation and such person, or body corporate, or marketing board embodying the terms, provisions, conditions, and stipulations upon and subject to which-
(i) If the person or body corporate who or which is a party to such indenture is the owner of a factory, such person or body corporate will purchase, pay for, and distribute fodder and/or water to dairy farmers supplying or usually supplying milk, cream, and/or pigs to his or its factory and entitled
6 s. 9 THE DROUGHT RELIEF TO PRIMARY PRODUCER§
ACTS, 1940 TO 1961
under such indenture to be supplied with such fodder and/
or water;
(ii) In the case of a person or body corporate mentioned in paragraph (i) of this subsection, dairy farmers supplying or usually supplying milk, cream, and/or pigs to his or its factory shall be entitled to be supplied with fodder and/or water purchased and paid for by him or it from such advance, including the furnishing by each such dairy farmer of a declaration and the giving by him of an assignment and undertaking;
(iii) In the case of approved drought relief to primary producers other than dairy farmers, such person, body corporate, or marketing board will provide such drought relief for primary producers supplying or usually supplying their primary produce to him or it and entitled under such indenture to be provided with such drought reliec
(iv) Primary producers other than dairy farmers will be entitled to be supplied with drought relief provided from such advance including the furnishing by each such primary producer of a declaration and the giving by him of an assignment and undertaking;
(v) The person or body corporate or marketing board who or which is a party to such indenture will repay to the Corporation the advance by way of loan to him or it together with interest at the rate, if any, fixed by the Corporation.
(3) The Corporation shall not make an advance by way of loan hereunder to a dairy farmer supplying or usually supplying milk and/
or cream (other than to a factory) for consumption as such unless it is satisfied that such farmer would, if he were supplying such milk and/
or cream to a factory, be entitled to be supplied with fodder and/or water purchased and paid for from an advance by way of loan hereunder e person or body corporate owning the factory, and such dairy farmer has furnished a declaration to it and given such security as the Corporation may require in his case.
(4) The Corporation shall not make an advance by way of loan hereunder to a primary producer other than a dairy farmer unless it is satisfied that such primary producer would, if he were supplying his primary produce to a person, body corporate, or marketing board, be entitled to be provided with drought relief from an advance by way of loan hereunder to such person, body corporate, or marketing board, and such primary producer has furnished a declaration to the Corporation and given such security as it may require in his case.
* (1) ces, etc. The terms, provisions, conditions, and stipulations of any advance by way of loan and terms of repayment and all other matters necessary or incidental to the repayment and enforcement of repayment of such advance together with interest thereon may be fixed by the Corporation at the time such advance is approved
THE DROUGHT RELIEF TO PRIMARY PRODUCERS SS. 10-12 7 ACTS, 1940 TO 1961
and, in the case of such advance to a person, body corporate, or marketing board, embodied in the indenture required by this Act.
It shall be a condition of every advance by way of loan to a primary producer, and of every instrument securing such advance, that if such primary producer sells or agrees to sell or otherwise assures or agrees to assure to any other person his estate or interest in the land whereon he engages in his occupation as such without the prior consent in writing of the Corporation, the whole of the loan then remaining unrepaid shall forthwith become due and payable and shall be recoverable, with interest thereon, by the Corporation accordingly, and that for the purpose of such recovery the Corporation shall have and may exercise all such rights and remedies as it would have and might exercise if such primary producer had made default in the repayment of the moneys so recoverable.
nces. Every advance by way of on and from such date and at such rate per centum as the Corporation shall fix, but no such advance made before the first day of November,,one thousand nine hundred and forty-one, shall bear interest until on and after such date.
Moreover, for the securing the repayment of any advance by way of loan together with interest thereon to a dairy farmer or other primary producer, such dairy farmer of other primary producer shall and may execute in favour of the Corporation all such agreements, mortgages, charges, liens, assignments, or other instruments as the Corporation may require containing all such covenants, stipulations, rights, powers, and remedies in favour of the Corporation upon any default or non- compliance by the borrower with any of the terms of any agreement, mortgage, charge, lien, assignment or instrument as the Corporation may consider proper or as may be prescribed.
As amended by Act of 1961, 10 Eliz. 2 No. 22, s. 4.
1 ~ ~ c e s to cy. If in the opinion of the Corporation circu ces of e quire any advance by way of loan authorised to be made under this Act to be so made to a person, body corporate, or marketing board, before an indenture is made between the Corporation, and such person, body corporate, or marketing board, such advance may, notwithstanding anything contained in this Act, be made before the making of such indenture, and in that event such person, body corporate, or marketing board shall be deemed to have duly executed the prescribed form of indenture and shall be and be deemed to be bound by all of the terms, provisions, conditions, and stipulations thereof.
is Act. Subject to this Act, ment Co-ordination of Advances Act of 1938” shall, mutatis mutandis, apply and extend with respect to advances by way of loan made under this Act.
1. Except as by this Act is otherwise provided, it is hereby declared that any person or body corporate or marketing board who or which is a party to an
2. (1) Certain acts, etc.,
8 s. 13 THE DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS, 1940 TO 1961
indenture is and shall be lawfully entitled to do and execute all such acts, matters, and things as are required or enabled by such indenture to be done or executed by him or it for the purposes of the due exercise and performance of the several covenants, provisions, stipulations, and conditions contained in such indenture and by him or it therein required or enabled to be done or executed.
This subsection shall (but without limit to its generality) apply and extend so that every undertaking, assignment, or declaration which, under and pursuant to his or its indenture, any such person or a body corporate or marketing board may require to be furnished to him or it, shall be and be deemed to be an undertaking, or assignment, or declaration, as the case may be, which such person, or body corporate, or marketing board is and shall be lawfully and validly entitled to SO
require.
y of this section, it is hereby further declared that the Corporation as a party to any indenture is and shall be authorised to cause the books and accounts of any person or body corporate or marketing board who or which is the other party to such indenture to be examined and/or audited in the manner and by any person hereinafter prescribed for the purpose of satisfying himself that such person or body corporate or marketing board has duly exercised and performed and is duly exercising and performing all covenants, agreements, stipulations, and conditions contained in such indenture.
.
Cons ceraany body corporate which is a party to an indenture is a company within the meaning of “The Companies Act of 193 1 9’ then, and in every such case (and notwithstanding anything contained in such last-mentioned Act), the memorandum of association of such body corporate shall be deemed to include and to have at all material times included objects, and the articles of association of such body corporate shall be deemed to include and to have at all material times included power, enabling such body corporate to become and be a party to such indenture and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate is and shall be lawfully entitled to do and execute.
here any body corporate which is a party to an indenture is an association within the meaning of “The Primary Producers’ Co- operative Associations Acts, 1923 to 1934,” then, and in every such case (and notwithstanding anything contained in such last-mentioned Acts), the objects for which such body corporate was registered as an association shall be deemed to include and to have at all material times included objects, and the rules adopted by such body corporate shall be deemed to include and to have at all material times included rules, enabling such body corporate to become and be a party to such indenture and to do and execute all such acts, matters, and things as by this Act it is declared that such body corporate is and shall be lawfully entitled to do and execute.
THE DROUGHT RELIEF TO PRIMARY PRODUCERS ss. 14, 15 9 ACTS, 1940 TO 1961
(3) Every object and every power or rule so included as aforesaid in the objects and in the articles of association or rules of any such body corporate shall, notwithstanding anything to the contrary contained in “The Companies Act of 1931” or in “The Primary Producers’ Co- operative Association Acts, 1923 to 1934,” be and be deemed to be and to have at all material times been a lawful object or power or rule of the body corporate concerned.
(4) Where any marketing board is a party to an indenture then, and in every such case (and notwithstanding anything contained in (‘The Primary Producers’ Organisation and Marketing Acts, 1926 to
1939”), such marketing board shall have and be deemed to have at all material times power and authority enabling such
become and be a party to such indenture, and to such acts, matters, and things as by this Act it is
marketing board is and shall be lawfully entitled to do and execute.
(5) This section shall, mutatis mutandis, apply and extend to and with respect to any society registered under “The Industrial and Provident
§ocieties Acts, 1920 to 1935,” which is a party to an indenture.
er an ies. (1)
The tion s medies
as may be conferred upon it by any indenture and, moreover, when any act, matter, or thing is by an indenture directed or forbidden to be done by the person, or body corporate, or marketing board who or which is a party to such indenture and such person or body corporate fails, or marketing board fails, to do the act, matter, or
to be done or does the act, matter, or thing so forbi
then, and in every such case, such actions may be m tained thereon and such damages and costs recovered against such person, or body corporate, or marketing board by the Corporation as might have been maintained and recovered if the same indenture had been made between private persons only.
Q or which is a party to an indenture shall have and may exerci such rights and remedies as may be conferred upon him or it by any undertalung or assignment executed in his or its favour.
r o ~ ~ $ ~ Q ~ ~ as to 8UI cor The authority of the Corporation as a party to any indenture to cause the books and accounts of any person, or body corporate, or marketing board who or which is the other party to such indenture to be examined and/or audited may be exercised as follows, that is to say:-
The Auditor-General may at any time and from time to time at the request of the Corporation examine and/or audit, and the Corporation may on its own initiative at any time and from time to time cause any officer of the Public Service or any accountant appointed by it in that behalf to examine and/or audit the books and accounts of such person, or body corporate, or marketing board, and for the purposes of such audit and/or examination the Auditor-General, or any officer of the
(2) Any person, or body corporate, or marketing boa
10 s. 15 THE DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS, 1940 TO 1961
Public Service, or any accountant so appointed may examine all and any books, accounts, and documents relating to accounts of such person, or body corporate, or marketing board, and may make and take away with him any extract from any book or copy of any such documents.
s. If any person obstructs the Auditor- blic Service, or any accountant so appointed in the exercise of his powers or the performance of his duties under this section, or without lawful excuse refuses to produce any book, account, document, writing, paper, or instrument in his possession or under his control, or to permit the making and taking away of any extract from any book or copy of any document, or to answer any question asked by the Auditor-General, or such officer, or such accountant so appointed for the purpose of the exercise of such powers or the performance of such duties he shall be liable to a penalty of not less than four dollars nor more than forty dollars; and if any person after conviction for any such offence still refuses to produce any such book, account, document, paper, writing, or instrument, or to permit the making and taking away of any extract or copy, or to answer any such question he shall be liable to a further penalty not exceeding forty dollars for each and every day during which such default continues:
Provided that where the person committing an offence against this subsection is a person who is a party to an indenture or the chairman of directors, or a director, or the manager, or any other governing officer (by whatever name called) of a body corporate which is a party to an indenture or a member of a marketing board which is a party to an enture, such person shall, in lieu of being liable as hereinbefore vided, be liable to a penalty of not less than forty dollars nor more than two hundred dollars, and further liable if such offence is continued after a conviction therefor to a daily penalty not exceeding one hundred dollars.
.
It shall be theipal bank with which
a person, or body corporate, or marketing board who or which is a party to an indenture has deposited any moneys, whether in his or its own account or in any general or separate trust account, to disclose every such account to the Auditor-General, or to any officer, or to an accountant so appointed upon demand made by the Auditor-General or any officer, or any accountant so appointed, and to permit the Auditor-General, or any officer, or any accountant so appointed to make and take away with him an extract from any book or copy of any such accounts or copy of any document or writing relating to such accounts.
Any manager or principal officer of such bank as aforesaid who knowingly acts contrary to the provisions of this subsection shall be liable to a penalty of not more than two hundred dollars.
~ ~ of sc ~ ~~This section shall apply and extend to ~ ~~ o~~ .Q ~
any person having custody or possession of any book, account, register, document, or writing of any such person, or body corporate, or marketing board as aforesaid.
Act of 1965.
ires
Decimal Currency references substituted pursuant to section 7 of Decimal Currency
THE DROUGHT RELIEF TO PRIMARY PRODUCER§ S S . 16-19 11 ACTS, 1940 TO 1961
a (1) Ity. If any person is guilty of an offence against this Act for which no specific penalty is prescribed he shall be liable to a penalty not exceeding one hundred dollars and, in addition liable, in the case of an individual person, to a penalty of not more than ten dollars or, in the case of a corporate body, to a penalty of not more than forty dollars, for each and every day during which such offence is continued after a conviction therefor.
ties, All penalties incurred for any offence against this Act may be recovered in a summary way under “The Justices Acts, 1884 to 1932.”
Proceedings for an offence against this Act may be instituted at any time within six months after the commission of the offence or within four months after the discovery thereof by the complainant, whichever is the later period.
Act of 1965. Decimal Currency references substituted pursuant to section 7 of Decimal Currency
vel in
ural Development Co-ordination ofAdvances Act of 1938,” with such modifications as the circumstances may require, may be used under this Act for the purposes for which they are respectively applicable:
Provided that no such form shall be deemed invalid if it is to the effect of the proper form in the said Schedule set forth with such modifications as the circumstances may require.
.
The Governor in COun6il may from time to time mak oviding for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.regulations may be made for or in respect of all or any of the following matters and things namely:-
(a) Forms of indentures, declarations, assignments, and (b) All matters required or permitted by this Act to be prescribed.
ithout limiting the power to make regulations hereun
undertakings;
in Council and regulations made or purporting to have been made under this Act shall be published in the Gazette and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings
whatsoever.
The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein
12 s. 20 THE DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS, 1940 TO 1961
and of the power and authority to make such Order in Council or regulation.
(2) The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council.
(3) No misnomer or inaccurate description or omission in or from any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject-matter, provided the same is desigriated so as to be understood.
.
All Orders in Council and regulations Assembly within fourteen days after ion, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.If Parliament passes a resolution disallowing any such Order in Council or re ulation, of which resolution notice has been given at any Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make any fresh Order in Council or regulation.
For the purposes of this subsection, the term “sitting days” shall mean days on which the House actually sits for the despatch of business.
. v
r i d .Any advance by way of loan from the Corporation made and any indenture made or declaration furnished or assignment or undertaking given prior to the passing of this Act which would have been valid and lawful if the same were made or given subsequent to the passing of this Act, shall for all purposes be as valid and lawful and have operation and effect as if the same were made or given after the passing of this Act.
time within
P
ourteen sitting days of such House after such Order in62648-By Authority: S . R. HARIPSON, Government Printer, Queensland
Act, short title of . . . Advances-
application of "The Rural Development Co-ordination of Advances as to eligibility of dairy farmer or other pnmary producer for, for authority to orporation to make by way of loan . , . . , .
by Corporation to dairy farmer supplying milk and/or cream other by Corporation to primary producer other than dairy'farmer, as Drought Relief Fund'to be applied for making; by way of loan for indenture in resmct of . . .
. . . .
Act of 1938"to . . .
droujjht relief . . . than to a factory, as to . . . . . . . t o . . . .
drought relief . . .
interest o n , . . . . . . .
made by Covoration for drought reiief' before passing of Act, validity o f . . . . . terms, provisions, etc., as t o . . . . . to meet urgency . . . . . . . . , . , , . . when deemed a loan and repayable 'by' dairy farmer or other
primary producer . . . amount of assignment . . . bindin nature of effect of . . . dairy i n n e r or primary producer to make, of moneys payable to
him for produce supplied to person, body corporate, or marketing board to repay moneys for drought relief enforcement of, when dairy farmer or other primary producer has
diverted his supply to some other body corporate or board, subsequent to gmng . . . meaning of term . . . indemnity re . . . application of section re . . . . . , . authority of Corporation in respect o f books,' etc:, of party to indenture with defined . . . duties of certain persons in respect of . . . offences in relation to . . . . . provisions as to, by or on behalf of Corporation . . . Assignment-
Audit-
Bank-
duty of manager or principal officer of, as to disclosure of accounts of party to indenture to Auditor-General or officer auditing . . . penalty for breach of provisions . . . advance to by way of loan from Corporation, to provide drought
relief to eligible dairy farmer or other primary producer assignment to, by dairy farmer or primary producer of part of
moneys payable to him in respect of produce of farm named in assignment and supplied to
as to interest on unpaid balance of loan to, from advance by Corporation . . . . . authority of Corporation to make advances by way of ioan to . . distribution of relief to dairy farmer or other primary producer by,
out of moneys so advanced . . .
effect of assignment . . . .
enforcement of assignmeni where i a i j 'farmer or pr;iina$ producer diverts his supply to some other. . . indemnity of, as to satisfaction of assignment. . . indenture to be made between Corporation and . . . meanin of term . . . . . . . . . . . undertaang to, by dairy farmer or other primary producer as to Body Corporate-
. .
repayment of moneys . . .
s. 1
11 . . . 4 . . . 8 ( 1 ) , . . , . . 8 ( 3 ) . . . . . . 8 ( 4 ) . . . . . . 3 ( 3 ) . . . . . . 8 ( 2 ) . . . . . . 9 ( 2 ) . . . . . . 20
9 (1) io
5 ( l ) . . . . . . 5 ( 3 ) . . . . . . 6 (2) . . .
5 (3) . .
6 ( I ) . . . . 2 . . . 6 ( 3 ) . . . . 15 (4) . . . 12 ( 2 ) . . . . 15 ( 3 ) . . . . 15 ( 2 ) . . .
15 ( 3 ) . . . . 15 ( 3 ) . . . . 4 (b) . . . 5 (3) . . . 5 ( 2 ) . . . 5 ( I ) . . . . 8 ( 1 ) . . . 6 (2) . . . 6 ( I ) . . . . 6 (3) . . .
8 ( 2 ) . . . .
Page
5 ( 1 ) .
" " " " I
. . .14 INDEX
c
Corporation-
advances by to meet emergency before indenture made application of provisions of sections 5 and 6 to, with respect to
advance by way of loan from, to any dairy farmer or other primary producers
as to advance to a dairy farmer supplying milk and/or cream’(other than to a factory) . , , . . . . . . . , .
as to advance to a primary producer other than dairy farmer , . as to provisions re interest on advances . . . authority of to make advances by way of loan . . , . . , . ,
authority of with respect to audits by . . . means “Corporation of Bureau of Rural Development”
no advance to be made to person, body corporate, or marketing board unless indenture made by, with . . . . . . power and authority of to enforce certain rights or remedies . ,
provisions as to audit by or on behalf o f . . . . . to whom and purposes for which advances may be made . . , ,
validation of certain advances by way of loan by . . . Corporation of Bureau of Rural Development-
eligibility of dairy farmer or primary producer for advance by way of loan from for drought relief . . .
eligibility of dairy farmer or pnmary producer to participate in distribution of drought relief provided by any person, body corporate, etc., from advance by way of loan from repayment to of loan for drought relief to b e paid to Treasury
by . . .
, .
as to terms, stipulations of advances by . . .
meaning of term . . . . . .
Dairy Farmer-
assignment by, of money payable to him by body corporate for produce supplied to body corporate . . . effect of assignment by . . . enforcement of assignment by . . . indemnity in respect of assignment by . . . .
undertaking by to pay for drought relief before same distributed to him . . . . . when eligible for drought ‘relief . . .
before eligible k r drought relief . . . Declaration-
meaning of term . . . necessary to be made b dairy farmer or other primary producer amount of purchase price of distributed to dairy farmer or primary producer to be a loan repayable in terms of undertaking when dai farmer or other primary producer eligible for . . , . application of for drought relief by way of loan advances . . , . Drought relief-
Drought ,RelizFund. See Fund.
F
Factory- Fund-
advances to owner of by Corporation . . . meaning of term . . . application of fund in making advances by way of loan for drought
relief . . . . . . Drought Relief Fund established ‘at Treasury . . . payments into credit o f . . . . . . . .
repayment to Corporation o’f loan for drought relief to be’ paid into Treasury by Corporation . . .
10 . . . . I . . . 8 ( 3 ) . . . .
2 . . . 8 (2) . . . 14 (1) . . , . . , , . 15 ( 1 ) . . . .
8 (1). . . 20 . . .
4 (a) . . . 4 (b) . . . 2 . . . 3 ( 4 ) . . . .
5 ( 1 ) . . . . 4 . . . 2 . . . 4 . . . 5 ( 1 ) . . . . 4 . . . 3 (3)
s. 8 ( 1 ) . . . 2 . . . 3 (3) . ,
3 ( I ) . . 2 ( 2 ) . ,
3 ( 4 ) . . . . Page
INDEX
I
Indemnity in respect of assignment . . . Indenture-
advances may be made in cases of emergency before making of as to body corporate a company within meaning of “The Companies
Act of 1931” . . . as to body corporate an association with meaning of “The Primary
Producers’ Co-operative Associations Acts, 1923 to 1934”
as to marketing board under “The Primary Producers’ Organisation and Marketing Acts, 1926 to 1939” . .
as to society under “The Industrial and Provident Societies’Acts;
1926 to 1935” . . . authority of Corporation in respect of audit of books of other party
to, . . . authority of Corporation to exercise powers of audit of other party
t o . , . .
body corporate or other party to,’ to have’and exercise rights and remedies conferred by . . . , . . certain acts, etc., of parties to, declared valid and lawful construction of certain Acts in relation to body corporate party to,
under this Act . . . . . . .
Corporation to have and exercise rights and remedies ‘conferred upon it by a n y . . . . .
meaning ofterm . . . . . . . . . . . .
penalty as to breach of audit provisions by person party to an . . to be made by Corporation in respect of advances . . .
. . , . . . . .
L
b a n -
assignment by dairy farmer or other primary producer of moneys payable to him in respect of produce of his farm supplied to person, body corporate, or marketing board
cost of drought relief distributed to dairy farmer or other prima&
producer deemed a . .
repayable by dairy farmer or other primary producer i n t e h s of undertaking . . . . . Whole of, recoverable when transfer ‘of interest in land by dairy
farmer or primary producer . . . . . .
unpaid balance of to bear interest . . . .
Marketing Board, meaning of term . .
Meaning of terms-
Assignment . . . Bod corporate
Deckation . .
: : : :
1 ::
Factory . . . Indenture . . . Marketing board . . . Minister . . , . , . . , . , . . Person . . . Prescribed . . . Primary producer , .
The Corporation of the Bureau Corporation . . . This Act . . . Undertaking . . . Minister, meaning of term . , . , . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
, . . . .
of Rurai ’ Development . . . . . . . . . . . .
. .
. . . .
, .
. . or . .
, .
Offences-
as to contravention by manager or principal officer of bank of duty of disclosure of accounts to Auditor-General . . . as to failure to comply with notice re enforcement of assignment in relation to audits, obstruction refusing to produce documents, etc. . . . general penalty re . . . . .
6 ( 3 ) . . ,
10 . . . 13 (I), ( 3 ) ,
13 ( 3 , ( 3 ) 13 (4). . . 13 ( 5 ) . . .
12 ( 2 ) . . .
15 ( 1 ) . . . 14 (2) . . . 13 . . . 1 4 ( 1 ) . . ,
2 . . , 15 (2) , . ,
8 (2) . . . 12 (1) . ,
5 (3) . . . 5 (1) . . . 5 (1) . . . 5 (2) . , . 5 (4) . . .
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
. . . . . ,
. . ,
. . ,
. . ,
. . ,
. . . . . . . . . . . . . . . . . .
15 ( 3 ) . . . 6 ( 1 ) . . , 16 (1) . . . 15 (2)
. . . . . . . . . . . . . . . . . . . . . . . ,
. . , , . . . . . . . . . . . . . . . . .
. . . . . . . . .
, . . . . .
, . .
, . .
. . .
. . . . . . . . . . . . . . . . . ,
. . . . . . . . . . . . . . .
, . .
. . . . . . . . . . . .
15
Page
16 INDEX
Penalty-
as to bank manager, etc., failing to comply wjth duty in respect of audits . . . in relation to offences against audit provisions as to obstruction, general, where no specific provided . . . . .
etc., of Auditor-General, etc. . . . recovery of . . . time for proceeding; 'for recovery of . . . Person, meaning of term . . . hescribed, meaning of term . . .
as to,,eligibility for drought relief Primary producers. See also Dairy Farmers.
. . . meaning of term
Regulations-
also as to matters required or permitted by Act to be prescribed as to power of Parliament to disallow
effect of publication in Gazette of
. . . . . . Governor in Council may make to give effect'to Act . . .
to form part of Act and to be judicially noticed
may be made in respect of forms of indentures, declarations, to be laid before Parliament. .
application of forms in Schedule to regulations thereunder. . . . assignments, and undertakings . . . . . . . . . Rural Development Co-ordination of Advances Act of 1938"-
to apply and extend with references to advances by way of loan under this Act . . .
Short title 1
The Corporation of the Bureau of Rural Development or Corporation.
See also Corporation.
meaning of term . . . The Drough Relief Fund.' See' Fund.
This Act, meaning of term . . .
Undertaking-
by dairy farmer or primary producer to repay cost of drought relief . . . meaning of term distributed to him as loan . . .
8.'
Validation of certain advances by way of loan for drought relief
15 ( 3 ) . . . . 16 ( 1 ) . . . . 15 (2) . . . 16 ( 2 ) . . . . 18 ( 2 ) . . . .
I. . . . 2 . . . 4 . . . 2 . . .
18 . . . 19 (4) . . . 19 ( 1 ) . . . . 18 . . . 18 . . . 19 (4) . . . 19 ( 1 ) . . . . . . . 18 . . . 11 . . .
2 . . 2 . .
5 ( 1 ) . . . . 2 . . , , . , .
20 . . .
Page
7
62648-By Authority: S. R. HAMPSON, Government Printer, Queensland
