ANNO PRIMO
EDW ARDI VIII REGIS.
A.D. 1936.
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No. 2317.
An Act to amend the Vermin Act,
1931,and the Loans for Fencing and Water Piping Act,
1930.[Assented to, 26th November, 1936.]
BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:
1. This Act may be cited as the "Vermin Act Amendment Short titles.
Act, 1936".
2. Sections 3 to 12 of this Act are incorporated with the Incorporation.
Vermin Act. 1931. and sections 13 to 18 of this Act are incorporated- with the Loans for Fencing and Water Piping Act, 1930.
3 • Section 55 of the Vermin Act , 1931 , is amended by adding Amendmentof Vermin Act,
at the end thereof the following subsection (the preceding part 1931, 8. 5~
f h 'd ' b' d b t' () th f) Abolition of
o t e sal sectIOn emg rea as su sec IOn 1 ereo:- vermin board,
(2) If a board is suspended or abolished the liability of the Commissioner in respect of the obligations of the board shall be limited to the total of-
(a) any amounts realised from the real and personal property and any other assets and rights of any kind of the board; and
(b) if the said amounts so realised are insufficient to satisfy the said obligations, any amounts paid to the Crown pursuant to section 56.
2317-1/·
2
Amendment of Vermin Act, 1931, B. 66- Property.
Amendment of Vennin Act,1931, B. 162- Petitions.
Amendment of Vermin Act, 1931, s. 166-- Duty of emmcll.
Amendment of Vermin Act, 1931, s. 134- Overdue
in.~talm~nts.
Am~ndment of Vennln Act., 1931,5.171- Overdue Instalments.
Amendment of Vermin Act, 1931, s. 178- Overdue instalments.
Amendment of Vermin Act, 1931, S. 178.
1° ED\VARDI VIII, No. 2317.
Vermin Act Amend·ment Act.-1936.
4. Section 56 of the Vermin Act, 1931, is amended by inserting after the word " collection" in the second line of para- graph III. of subsection (1) thereof the words "and any amounts required to be paid by the Commissioner pursuant to section 55 " .
5. Section 162 of the Vermin Act, 1931, is amended by inserting therein after paragraph (d) thereof the following paragraph : -
(dl) state whether the land of each petitioner 's charged - with any registered mortgage and state the amount of any such mortgage and the name and address of the mortgagee:
6. Subsection (IA) of section 166 of the Vermin Act, 1931 (as enacted by section 12 of the Vermin Act Amendment Act, 1935), is amended by adding at the end thereof the following words : -
If the consent in writing of any such mortgagee to the granting of the loan is forwarded to the council, the council need not give notice to that mortgagee as provided by this subsection.
7. Section 134 of the Vermin Act, 1931, is amended by striking out the word "thereon" in the fifth line thereof, and by inserting in lieu thereof the words " on such part thereof as represents principal".
8. Subsection (6) of sect:on 171 of the Vermin Act, 1931, is amended-
(a) by inserting at the commencement thereof the words
" That part of"; and
(b) by inserting after the word "instalment" in the first line thereof the words "w hich represents principal" .
9. Subsection (2) of section 178 of the Vermin Act, 1931, is amended by inserting before the word " shall " in the fifth line thereof the words" that part of any sum remaining unpaid which represents principal".
10. Section 1.78 of the Vermin Act, 1931, is amended by inserting therein after subsection (5) thereof the following subsection : -
(6) If the whole or any portion of any interest is remitted by the bank as provided by subsection (2), the council shall (whether the interest is remitted by the bank before or after the passing of the Vermin Act Amendment Act, 1936) remit to the amount so remitted by the bank, the whole or
1° EDWARDI VIII, No. 2317.
- - - - Vermin Act Amendment Act.-1936.
---"---"--"---""---"---
a corresponding portion of any interest payable pursuant to subsection (6) of section 171 by the occupier by whom the loan is repayable to the council.
11. Part VI. of the Vermin Act, 1931, is amended by Amendmentof
. . h · f t· h f h f 11 . Vermin Act,
msertmg t erem a ter sec Ion 225 t ereo t e o owmg 1931-
section:-
225A. (1) The Commissioner may remit the whole or PI etenalty
. f · bl b . n rest pay·
any portIOn 0 any mterest paya e y any vermm trust able
fY
t stpursuant to subsection (2) of section 155 of The verm n ru. 8.
Vermin Act, 1914, which is in excess of the fixed ' rate mentioned in the said subsection, whether the"
said interest was payable before or after the passing of the Vermin Act Amendment Act, 1936.
(2) Interest shall be payable pursuant to subsection (2) of section 155 only upon such portion of any instalment as represents principal.
12. Subsection (6) of section 200 of the Vermin Act, 1931, A,men.dment of
• , ernun Act,
IS amended- 1931, s. 200-
) b · . h h f th d Overdue
(a y msertmg at t e commencement t ereo e wor s Instalments.
" That part of"; and
(b) by inserting after the word "which" in the first line thereof the words "represents principal and" .
13. Section 6 of the Loans for Fencing and Water Piping ALmendfment of
• oans or
Act 1930 IS amended-- Fencing and
, , waterp~g
(a) by inserting after paragraph (b) of subsection (1) !C::t~93
thereof the following paragraph :_ cIon.
(bl) state whether the land of each petitioner is charged with any registered mortgage and state the amount of any such mortgage and the name and address of the mortgagee:
(b) by inserting after paragraph (b) of subsection (2) thereof the following paragraph : -
(bl) state whether the land of each petitioner is charged with any registered mortgage and state the amount of any such mortgage and the name and address of the mortgagee;
14. Subsection (lA) of section 10 of the Loans for Fencing Amendment
d P·· A d b · f h of loans for
an Water Ipmg ct, 1930 (as enacte y sectIOn 21 0 t e ~in{in'i>r,!d
Vermin Act Amendment Act, 1935) is amended by adding Ac~S93~g ,at the end thereof the following words : - ~~:~~11~f
1£ the consent in writing of any such mortgagee to the granting of the loan is forwarded to the council, the council need not give notice to that mortgagee as provided by this subsection.
4:
Amendment of Loans for Fencing and Water Piping :'C:7.~30, Overdue instalments.
Amendment ot Loans for }'eneing and Water Piping Act, 1930, B.21- Overdue instalments.
Amendment of Loans for Fencing and Water Piping Act, 1930.
Amendment of Loans for Fencing and Watp,r Piping Act, 1930.
1° EDWARDI VIII, No. 2317.
Vermh'l' Act Amendment Act.-1936.
_ . _ - _ . _ - - - _ . - - - - _ .... _---_ .. _ .... _-... ---
16. Subsection (3) of section 17 of the Loans for Fencing and Water Piping Act, 1930, is amended-
(a) by inserting at the commencement thereof the words
" That part of "; and
(b)' by inserting after the word "instalment" in the first line thereof the words "which represents principal ".
16. Subsection (2) of section 21 of the Loans for Fencing and Water Piping Act, 1930, is amended by inserting before the word "shall" in the fifth line thereof the words "that part of any sum remaining unpaid which represents principal".
17. Section 21 of the Loans for Fencing and Water Piping Act, 1930, is amended by inserting therein after subsection (5) thereof the fonowing subsection:-
(6) If the whole or any portion of any interest is remitted by the bank as provided by subsection (2), the council shall (whether the interest is remitted by the bank before or after the passing of the Vermin Act Amendment Act, 1936) remit to the amount so remitted by the bank, the whole or a corresponding portion of any interest payable pursuant to subsection (3) of section 17 by the occupier by whom the loan is repayable to the council.
18. Section 35 of the Loans for Fencing and Water Piping Act, 1930, is amended by inserting after subsection (3) thereof the fonowing subsection:-
(3A) The bank may remit the whole or any portion of any interest payable by an occupier of land by reason of the operation of subsection (3) of section 17 which is in excess of interest at the fixed rate, whether payable before or after the passing of the Vermin Act Amendment Act, 1936.
In the name and' on behalf of His Majesty, I hereby assent to this Bill.
"\V. DUGAN, Governor,
Adelaide: By authority, FRANK TRIGG, Government Pdnter, North Terrace.
