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©State of Queensland
QUEENSLAND
STATE SECURITIES REGISTRATION ACT 1925-1971
[Reprinted as at 1 May, 1981]
State Securities Registration Act of 1925, 16 Geo. 5 No. 19 As amended by
Bills of Sale and Other Instruments Act and Other Acts Amendment Act 1971, No. 10, Part IV
Commenced 29 January 1973 (Proc. pubd. Gaz. 27 January 1973, p. 355).
An Act relating to the Registration of Instruments constituting Securities Executed in Favour of the Crown
[Assented to 5 November, 1925]
BE IT ENACTED by the King'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:-
1. Short title, commencement, and application of Act. (1) This Act may be cited as "The State Securities Registration Act of 1925."
This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act.
(2) This Act shall apply to all securities, as herein defined, executed in favour of the Crown as herein defined after the commencement of this Act.
Commenced 1 August 1928 (Proc. pubd. Gaz. 19 July 1928).
Collective title conferred by Act of 1971, No. 10, s. 27 (2).
2. Interpretation. In this Act, the term "Commissioner" means The Commissioner for Corporate Affairs appointed under the Securities Industry Act 1971, the expression "the Crown" means and includes not only His Majesty the King but also every Minister of the Crown and every officer person body corporate board or other body acting for and on behalf of or as the agent of or as representing the Crown or His Majesty the King; and the term "Security" means and includes a mortgage encumbrance charge lien debenture debenture stock floating charge bill of sale covenant or other written instrument, whether under hand and seal or under hand only, executed after the commencement of this Act by any person in favour of the Crown and securing or purporting to secure to the Crown or giving or purporting to give to the Crown any right, remedy, or recourse in, over, or against any property whatsoever, whether real or personal, and constituting a security, whether principal or collateral, in respect of any debt or other obligation to the Crown.
2 s. 3 STATE SECURITIES REGISTRATION ACT 1925-1971 The term does not, however, include a mortgage charge or lien so far as it includes land, whether subject to "The Real Property Acts, 1861 to 1877," or not, or so far as it includes any tenement or interest therein under and subject to the laws in force relating to the occupation or leasing of Crown lands or to mines or mining.
As amended by Act of 1971, No. 10, s. 28.
3. (I) Registration of securities. Notwithstanding the provisions of any other Act to the contrary, and notwithstanding the provisions of any other Act rendering it unnecessary to register any security, every security made and entered into by any person in favour of the Crown after the date of the passing of this Act shall be registered by the proper officer of the Crown in the manner and in accordance with the provisions next hereinafter prescribed, that is to say,-
The proper officer shall forthwith after the instrument of security comes into his possession cause to be made a true copy of the security and shall endorse upon the security a memorandum that the security is correct for purposes of its registration, and shall sign such memo- randum and date the same on the date on which he has signed the same.
The proper officer shall file the copy of the said security, endorsed as aforesaid, in the office of the Commissioner at Brisbane, where upon the Commissioner shall register the said security and make a record of the same.
The said security shall thereupon be and become and until the same is discharged remain a registered security for all purposes.
Any person shall on payment of the fee of sixty cents or such other sum as may be prescribed in substitution therefor by the Governor in Council by Order in Council published in the Gazette be entitled to inspect the said registered security and make a copy thereof or take extracts therefrom.
(2) Discharge of security. Upon the discharge of the said security the proper officer shall forthwith execute a certificate of the discharge thereof, and shall sign such certificate and date the same on the date on which he has signed the same, and shall file the said certificate in the office of the Commissioner at Brisbane, where upon the Commissioner shall endorse upon the security the fact that such discharge with the date upon which the said certificate was filed.
(3) Certain other Acts not to apply. The provisions of " The Bills of Sale Acts, 1891 to 1896," and of so much of the provisions of
"The Mercantile Acts, 1867 to 1896," as relate to the registration of mortgages and liens thereunder shall not apply to a security registered under this Act.
(4) "Proper officer." For the purposes of the foregoing provisions the expression " the proper officer " shall mean and include the Crown Solicitor and the officer or person designated by the Minister of the Crown administering the Act pursuant to which any security is taken, or by the corporation, board, or body representing the Crown to whom such security is given, to be the proper officer for the filing and registration of securities under this Act and certificates relating thereto.
STATE SECURITIES REGISTRATION ACT 1925-1971 ss. 4, 5
(5) Evidence. The signature of the proper officer to any memo- randum or certificate under this Act shall be judicially noticed, and the authority of such officer to sign the memorandum or certificate shall be presumed until the contrary is shown.
As amended by Act of 1971, No. 10, s. 29.
4. Other Acts to be unaffected. Save as is in this Act provided, nothing in this Act contained shall be construed to repeal or prejudicially affect the provisions of any Act, regulation, or rule or order made under or in pursuance of any Act relating to the giving granting or executing of any security or the legal effect of such security when given granted or executed.
5. Orders in Council to be laid before Legislative Assembly. (1) Every Order in Council made under this Act shall-
( a) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(b) take effect from the date of such publication unless a later date is specified in that Order in Council for its commencement when in such event it shall take effect from that later date; and (c) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session.
(2) If the Legislative Assembly passes a resolution of which notice '
has been given at any time within fourteen sitting days after any such Order in Council has been laid before the Legislative Assembly disallowing the same or part thereof, that Order in Council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council.
Inserted by Act of 1971, No. 10, s. 30.
54553--By Authority: S. R. Hampson, Government Printer, Queensland-'1983
3
INDEX
TO
STATE SECURITIES REGISTRATION ACT 1925-1971
Application of Act
Commencement of Act
Definition- Commissioner Crown Proper Officer Security Discharge of Security o o
Evidentiary provisions
Fees
Orders in Council Other Acts-
certain other Acts not to apply other Acts to be unaffected
Registration of Security
Short Title
A
c
D
E
F
0
R
s
So 1 (2)
1 (I)
2 oo 2 0 0
3 (4) 2 oo 3 (2)
3 (5)
3 (1)
5 0 0
3 (3) 4 oo
3 (1)
1 (1)
54553;._]8y Authority: S. R. Hampson, Government Printer, Queensland-•1983
Page
1 1 2 1 2
2
2 3
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