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©State of Queensland
Department of Justice,
Brisbane, 14th December, 1933.
HIS Excellency the Governor, by and with the advice of the Executive Council, in pursuance of the powers and authorities conferred on him by "The Money Lenders Acts, 1916 to 1933," has been pleased
tomake the following Regulations.
REGULATIONS Repeal
J. MULLAN.
1.
All existing regulations under "The Money Lenders Act of 1916"
are hereby repealed.
Citation
2. These Regulations may be cited as "The Money Lenders Regulations of 1933."
Form of register
3. The Register required by section 17 of "The Money Lenders Acts, 1916 to 1933," to be kept by the Registrar shall be in the form
"B" of the Schedule hereto. The Registrar shall keep an alphabetical index of the names under which money lenders are registered in such Register. Such index shall be incorporated with the register.
Application for registration
4. Applications by money lenders for registration or renewal of registration shall be in the form "A1" of the Schedule hereto; provided that when application is made for the registration or renewal of registration as a money lender by a corporation or company registered under "The Companies Act of 1931" such application shall be in the form "A2"
of the Schedule hereto.
5 .' The Statutory Declaration required by section 17 (D)
(1)of
"The Money Lenders Acts, 1916 to 1933," :o be made on application for a money lender's license shall be in the form "C" of the Schedule hereto and be signed by the applicant . or applicants as the case may be or in the case of a corporation or a company registered under "The Companies Act of 1931," shall be signed by the Chairman of Directors, or Manager, or other governing officer of such corporation or company.
Where the applicant is a corporation or company as aforesaid the person making the Statutory Declaration shall declare therein the capacity in which he makes such declaration.
Certificate
6. The certificate of registration to be issued by the Registrar to the money lender shall be in the Form
"D"of the Schedule hereto.
* Published Gaz. 16 Dec. 1933, pp. 1515-16 and printed as amd. by regs. pubd.
Gaz. 9 Mar. 1935, p. 1065 ; 4 Sep. 1937, p. 647 ; 11 Sep. 1937, p. 690 ; 27 June 1953, p. 1127; and 18 March, 1961, p. 1619.
Notice of cessation of business as a money lender
7. The notice required by section 17 (E) of "The Money Lenders Acts, 1916 to 1933," to be posted or delivered to the Registrar by a money lender who ceases to carry on the business of a money lender shall be in the form of "E1" of the Schedule hereto; provided that where a corporation or company ceases to carry on the business of money lending the notice shall be in the Form "E2" of the Schedule hereto and provided further that where the business has been carried on by two or "more persons in association and any person or persons withdraw from the business each person so withdrawing shall furnish to the Registrar a notice in the Form "E1".
Where the business has been carried on by one person only or by a corporation or company registered under "The Companies Act of 1931"
or by two or more persons in association and such business is no longer carried on the certificate of registration shall be returned with the notice of cancellation by the Registrar.
Where the business has been carried on by more than one person and any number of persons less than the total number carrying on such business withdraw from the business the certificate of registration shall be forwarded with the notice to the Registrar who shall endorse thereon a notice setting out the change which has taken place and shall then return such certificate by prepaid registered post to the address at which the business is registered as being carried on.
Notice of change of address, &c.
8. A money lender who changes his place of business as a money lender or opens up a new place of business as a money lender shall send to the Registrar before commencing
tocarry on business at such place, a notice in the Form "F" of the Schedule hereto and the original certificate of registration shall be forwarded to the Registrar with such notice and the Registrar shall endorse the certificate with a notice setting out the alteration which has been made.
Refund upon registration under "The Money Lenders Acts, 1916 to 1933" •
9. The amount of refund which a money lender shall be entitled to upon registration as a money lender in accordance with section 6 ( 2) of
"The Money Lenders Acts, 1916 to 1933," shall be at the rate of seven pence per month for each complete calendar month for which the license granted under "The Money Lenders Act of 1916" would, but for the said section, remain in force.
Maxi--num rate of interest
10. The maximum rate of interest per centum per annum (as charged and calculated in accordance with the provisions of "The Money Lenders Acts, 1916 to 1933,") which a money lender may not exceed in respect of any loan or transaction made or entered into after the date of commencemer.t of there Regulations shall be twenty pounds per centum per annum.
*lOA.
Fee for inspection of register of money lenders
11. Any person upon payment of the prescribed fee may inspect the register of money lenders.
12. The Registrar shall on payment of the prescribed fee forward to any person making application therefor a duplicate of the certificate of registration issued to a money lender.
• Regulation lOA ins. by reg. 'pubd. Gaz. 4 Sep. 1937, p. 647, and rescinded as from 9 Sep. 1937, by reg. pubd. Gaz. 11 Sep. 1937, p. 690.
Borrower's Loan. Book
U. The money lender shall immediately on the making of each loan issue to the borrower a book on. the outside cover of which he shall record or cause to be recorded the following particulars:-
N arne and address of money
h~nder:Name and address of borrower:
Amount of loan:
Rate of interest:
Repayments to be made at Date of making of loan:
First payment due:
weekly fortnightly monthly
The borrower shall, when making each payment, produce such book to the money lender and the money lender shall thereupon enter or cause to be entered therein the date and amount of the payment.
Fees
':' 14. The fees payable under these Acts shall be as follows:-
£ s.
d.For every registration or renewal thereof, inclusive of fee for filing statutory declaration and for registering one place
of business only 20 0 0
For registration of each additional place of business 20 0 0 For every duplicate certificate of registration 0 5 0 For every inspection of register (each name) 0 1 0
For each change of address . . 1 0 0
tProvided that the fee payable by a society registered in accordance with "The Co-operative Societies Acts, 1946 to 1951," and.having among its objects the making, arranging and guaranteeing of loans to members from their accumulated savings shall be as follows:-
For every registration or renewal thereof, inclusive of fee for £ s.
d.filing statutory declaration and for registering one place
of business only 10 0 0
For registration of each additional place of business 10 0 0 :!:15. The maximum sum which may be charged by a money lender in respect of necessary valuation fees paid out of pocket by himself for the valuation of real and personal property which it is intended shall be the security for a loan shall be as follows:-
( a) Where the amount of 2 per cent. of the principal sum the loan exceeds £50 but actually lent.
does not exceed £100 (b) Where the amount of
the loan exceeds £100 but does not exceed £500
1! per cent. in respect of the first
£100 of the principal sum actually lent together with ! per cent. in resoect of each additional complete
£100 of such principal sum.
(c) Where the amount of t per cent. of the principal sum the loan exceeds £5UU actuallv lent.
Provided that no valuation fee shall be payable on any loan which does not exceec' £50.
• Regulation 14 (on and from 1 July 1953) printed as amd. by reg. pubd.
Gaz. 27 June 1953, p.
t Proviso ins. by reg. pubd. Gaz. 18 March, 1961, p. 1619.
:; New reg. 15 ins. and existing reg. 15 renumbd. 18 by Gaz. 9 Mar. 1935, p. 1065.
* 16. The maximJ.Im sum which may be charged by a money lender in respect of necessary collection fees and all other necessary fees, costs, and charges paid out of pocket by himself, but not including the fees, costs, and charges prescribed by Regulation 15 of these Regulations or authorised to be charged or recovered by clauses
(a)and
(b)of section 14 ( 1) of "The Money Lenders Acts, 1916 to 1934," shall not exceed 3 per cent. of the principal sum actually lent.
* 17. The money lender, before demanding any fees prescribed in Regulations 15 and 16 of these Regulations, shall produce to the borrower for his perusal the receipts held by him for such out-of-pocket expenses.
Penalty
t 18. Any person who is guilty of an offence against or who fails to comply with these Regulations shall be liable to a penalty not exceeding fifty pounds (£50).
SCHEDULE [Form A1]
"THE MONEY LENDERS ACTS, 1916 TO 1933"
Application for registration or renewal of registration as a money lender
I [We] , of , hereby apply for registration
[renewal] of registration as a money lender.
I [We] attach hereto Statutory Declaration as required by section 17 (D) (1) of
"The Money Lenders Acts, 1916 to 1933."
Signed at this day of , 19
To ~he Registrar of Money Lenders, Department of Justice,
Brisbane.
Applicant.
[Form A2]
"THE MONEY LENDERS ACTS, 1916 TO 1933"
Application on behalf of a corporation or company registered under "The Companies Act of 1931" for registration as a money lender
I, , of , hereby apply for the registration
[renewal of registration] of A. B. Limited as a money lender.
I am [chairman of directors, manager or governing officer as the case may be]
of A. B. Limited.
I attach hereto Statutory Declaration as required by section 17 (D) ( 1) of
"The Money Lenders Acts, 1916 to 1933."
Signed at this day of , 19
To the Registrar of Money Lenders, Department of Justice,
Brisbane.
• Regulat!ons 16 and 17 ins. Gaz. 9 Mar. 1935, p. 1065.
t Regulation renumbd. 18 Gaz. 9 Mar. 1935, p. 1065.
Applicant.
R~ipt
No.
[Form B]
"THE MONEY .LENDERS AC'FS,, 19.1.6, T:O 1933"
Index register
Name Style or
Name of Designation under Place or License No. Money which the Business Places of
'
Lender. of Mone)!, L.endinr Business i iS carried' on/
[Form
Cl
Date of Regis- tration.
"THE MONEY LENDERS ACTS, 1916 TO l933'"
Date of Renewal of Regis- tration.
i
Statutory Declaration for the purpose of effecting registration or renewal of registration
(a) I, , of , do hereby solemnly and sincerely
declare that:-
1. I am [We are, A. B. Ltd. is] at present carrying on business as at
2. I [We, A. B. Ltd.] intend to carry on the business of money-lending under the name or style of
3. (b) I [We, A. B. Ltd.] intend to carry on the business of money-lending at
4. (c); I am ~d) of A. B. Lt<J:..
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the "Oaths Act of 1867."
Declared before me at this day of
19
Signature of Declarant A Justice of the Peace.
(a) Here set out name in full.
(b) Here insert every address at which it is intended to carry on the business at. money lending ..
(c) To be filled in only where applicant is a company or corporation.
(d) Here insert Chairman of Directors, Manager, or governing officer, as the case may be.
[Form D]
"THE MONEY LENDERS ACTS, 1916 TO 1933"
Certificate of registration as a money lender No.
I hereby certify that carrying on business at
under the name, style, or designation of has this day been registered undetr "The N!Joney Lenders Acts;. 1<9i}>()i to' 1933/'. as, at monew !:cmder,, fmr a, per.iedl of one year from this date.
Signed at this day of , 19 .
Registrar of Money Lenders.
[Form Ell
"THE MONEY LENDERS ACTS, 1916 TO 1933"
Notice for the purpose of cancelling registration
I* [We] , of , hereby notify that I am*. [We are]
the person* [persons] (or one of the persons) who formerly carried on business as a !JlOne}(..lender under the name, style, or designation of at , and that I* [We] ceased to carry on* (or withdraw from). such bu_siness on the
Signed at this
To the Registrar of Money Lenders, Department of Justice,
Brisbane.
day of
* Strike out whichever is inapplicable.
[Form E2]
"THE MONEY LENDERS ACTS, 1916 TO 1933"
• 19 Signature.
Notice by a corporation or company registered under "The Companies Act of 1931"
for the purpose of cancelling registration
I. , of , hereby notify that I am (here insert
Chairman of Directors, Manager, or governing officer, as the case may be). of A. B.
Ltd., and I further notify that the said A. B. Ltd. who formerly carried on business as a money lender under the style, name, or designation of
at , ceased to carry on such business on the To the Registrar of Money Lenders,
Department of Justice, Brisbane.
[Form F]
"THE MONEY LENDERS ACTS, 1916 TO 1933"
Notice of alteration in address or of new address of business
Signatun:.
P [We] , of * (being a registered money lender
or being registered as a money lender carrying on business under the name, style, or designation of , or Chairman of Directors, Manager, or governing officer of A. B. Ltd. registered as a money lender) hereby give notice that such
business is now being carried on att .
I* [We] forward herewith the prescribed fee and the certificate of registration.
Signed at this
To the Registrar of Money Lenders, Department of Justice,
Brisbane.
• Strike out whichever is inapplicable.
day of ' 19
Signature ot Money Lender.
t Give all addresses at which the business of money lending is being carried on.
THE MONEY LENDERS REGULATIONS OF 1933
:::AMENDMENTS
Department of Justice,
Brisbane, 13th September,
1979.THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the
Money Lenders Act 1916-1979,has been pleased to amend The Money Lenders Regulations of
1933as set out hereunder.
W. D. LICKISS.
The Money Lenders Regulations of
1933are amended on and from the First day of October,
1979by-
!.
Deleting Regulation 3 and inserting the following regulations and heading in its stead-
" 3. The register to be made and kept by the registrar pursuant to section
I7c of this Act shall be in Form B of the Schedule·
hereto. The registrar shall in addition to the register keep an alphabetical index of the names under which money-lenders are registered in such register.
Forms
3A.
(1) The Forms set forth in the Schedule hereto shall be used for the purpose for which they are respectively applicable:
Provided that no such Form. shall be deemed invalid if it is to the effect of the respectively proper Form in the said Schedule with such modifications as the circumstances may require.
(2) Where a Form prescribed by these Regulations requires completion by the insertion of particulars or other matters referred to in the Form, those particulars or other matters are prescribed as the particulars or other matters required under the provisions of this Act for the purpose for which the Form is prescribed.
(3) A Form prescribed by these Regulations shall be completed in accordance with such directions as are specified in the Form as so prescribed.
3B. The registrar may refuse to receive a document for filing or lodging under this Act unless-
( a) the document is legibly and clearly printed typewritten or handwritten-
(i)
in ink of a type to provide a satisfactory reproduction;
and
"Published in Qut:t:nsland Go,·ernmt:nt Gazt:ttt:. dated 15th Septt:mber, 1979.
Vol. CCLXII. No. II, pages 219-227.
(ii) on paper of medium weight, of good quality and of foolscap folio size or of International Sheet size A4 or a multiple thereof;
(b) the document has margins of not less than 25 millimetres on the left hand side and not less than 13 millimetres on the right hand side;
(c) in the case of a document compris.ing two or more sheets- (i) the sheets are bound together securely; and
(ii) each sheet has a margin of not less than 25 millimetres on the side on which it is bound in addition to any space required for binding; and
(d) the document has endorsed on it the name, address and telephone number of the person by whom or on whose behalf it is filed or lodged.".
2. Deleting Regulation 9 and the heading thereto.
3. Inserting in Regulation 14 after the word "Act " where it first appears the words " in respect of money-lenders ".
4. Deleting Regulations 15 to 17, both inclusive, and inserting the following regulations and heading in their stead-
" 15. A money-lender before charging or recovering any costs, fees or charges pursuant to (d) of the first proviso to section 14 (1).
of this Act shall furnish to the borrower a statement in writing setting out the nature and details of the several costs, fees and charges he is seeking to charge and recover.
Mortgage Brokers
16. An application to have his name and each address in Queensland at which the business is to be carried on registered in the register by a person who proposes to carry on the business of a mortgage broker shall b.e made in Form G of the Schedule hereto if an individual and in Form H if a body corporate.
17. The certificate to be issued by the registrar when he grants an application made pursuant to section 14c of this Act shall be in Form I of the Schedule hereto in the case of an individual and in Form J in the case of a body corporate.
18. Where an application for registration as a mortgage broke"r is refused or withdrawn the part of the fee to be refunded pursuant to section 14o (5) of this Act shall be an amount equal to eighty per centum of the fee paid.
19. Where a person gives written notification to the registrar pursuant to section 14H of this Act such notification shall be accompanied by the original certificate of registration as a mortgage broker and the registrar shall make an appropriate amendment on the certificate in relation to a notification pursuant to section 14H
(I)or 14H (2) and shall return such certificate to the mortgage broker and shall retain the certificate in relation to a notification pursuant to section 14H (3).
20. The fees payable under this Act in respect of mortgage
brokers shall be as fo11ows : -
$For every perusal of the register (each name) 3.00 For every certificate relating to any entry in
the register 3 . 00
For every copy or extract from any entry in
the register 3 . 00
21. For the purposes of section 14N (2) (b) (ii) of this Act the rate shall be one and one half per centum.".
5. Renumbering Regulation 18 as Regulation 22.
6. Adding after Form F of the Schedule the following forms-
[Form G]
Office Use Only Lodged in the Office of the Collllllissioner for Corporate Affairs
Fee:$
Money Lenders Act 1916-1979 (Section 14c)
APPLICATION FOR REGISTRATION AS A MORTGAGE BROKER BY AN INDIVIDUAL
Type or complete in black ink.
Attach annexures giving details as required.
1. (a) Applicant's Slirname:
(b) Resldential Address:
Other Names:
(c) Date of Birth
I I
Place of Birth If not born in Australia number of years applicanthas resided in Australia (d) Name or names under which business of a mortgage broker is to be
carried on
(e) Full address of the principal place at which the business of a mortgage broker
is to be carried on Phone:
(f) The full address of all other places whether within the State or elsewhere at which the'business of a mortgage broker is to be carried on
2. State the nature of the principal business of the applicant
3. State in detail the nature of the activity for which the applicant requires a certificate
4. In relation to the business of a mortgage broker to be carried on by the applicant where the applicant intends to carry on such business under the name of a partnership of which he is a member or a name under which he carries on business and which is registered under the Business Names Act 1962-1979 or any other name-
(a) Set out name and address of each person with whom the applicant carried on or intends carrying on business in partnership
Applicants interest in partnership (expressed as a percentage of capital)
%
(b) Set out the name and address of each person who directly or indirectly exercises or will exercise or has or will have power to exercise a controlling influence over the management and policies of the business other than persons referred to in paragraph (a) above
(c) Set out name and address of any person who directly or indirectly has or will have a share of profits of the business other than persons referred to in paragraph (a) above
5. Is the applicant a director of aQY corporation incorporated in the State or elsewhere?
(Answer" Yes" or" No") If" Yes", using an annexure, give details of:
(a) names of the corporations;
(b) places of incorporation;
(c) dates of appointment as a director.
6. (NoTE.-Answer questions "Yes" or "No" in space provided. If "Yes", attach annexures giving all relevant particulars.) Has the applicant within the past 15 years ever-
(a) b::en licensed, registered or otherwise authorised by law to carry on any trade, business or profession in any place?
(b) been refused the right or restricted in his right to carry on any trade, business or profession for which a specific licence, registration or other authority is required by law in any place?
(c) carried on business under any name other than the name or names shown in this application?
(d) been known by any name other than the name or names shown in this application?
(e) b::::n convicted of any offence other than traffic offences in the State or elsewhere or are there any such proceedings now pending?
(f) had judgment given against him in any civil proceedings in the State or elsewhere? (If "Yes", give full details including whether judgment is unsatisfied)
(g) been declared bankrupt or entered into any scheme of arrange- ment or any composition with his creditors or executed as a debtor a deed of arrangement or deed of assignment in the State or elsewhere?
(h) been engaged in the management of any corporations other than those referred to in answer to question 5?
(i) been refused a fidelity or surety bond in the State or elsewhere?
Answer
7. Has the applicant had any experience in performing the functions of a mortgage broker as defined in the Act?
(Answer "Yes" or" No") If" Yes" attach annexure giving all relevant particulars.
8. Set out below details of the applicant's employment and business activities during the previous five years:-
Period of
Name and Address of Nature of Employment
Employer Nature of Business Employment or Business (if self employed, so state) of Employer or Business if self employed
if self employed (give exact dates)
9. Set out any additional information (including any formal qualifications of the applicant) considered relevant to this application:-
The information contained in this application and annexure/s is true to the best of my knowledge and belief. (NoTE.-Annexures must be numbered and carry this endorsement).
Dated this
Signature of Applicant:
Lodged by: Surname Address
day of
Postcode
19
Other Names Phone Important-See note on back hereof
NOTE
This application must be accompanied by a detailed statement, made up to a date not earlier than 14 days before the date of this application, signed by the applicant, disclosing his total liabilities together with details of his assets and where assets/liabilities are jointly held his proportion of the value in accordance with the following:-
STATEMENT OF AssETS AND LIABILITIES of Address/es of Placejs of Business
Liabilities $ Assets $
Bank Overdraft Deposits: Trading Bank
Savings Bank
Other Deposits:
Trade Creditors Debtors
Income Tax Due
I I
Income Tax Refund DueMortgage (Details) Real Estate (Details)
Loans (Details)
Other (Details) Motor Vehicles (Details)
Liabilities $ .Assets $
Shares, Debentures, &c.
Stock in Trado
Plant and Machinery
Furniture and Fittings $
Other (Details)
Total Liabilities $ Total Assets $
Surplus $ Deficiency $
$ $
I certify that the above is a full and true statement of my assets and liabilities
as at the day of , 19
(Signature) Lodged by:
Name: Telephone:
Address:
[Form H) Money Lenders Act 1916-1979
(Section 14c)
Office Use only Lodged in the Office of the Commissioner for Corporate Affairs
Fee: S
APPLICATION FOR Rl!OISTRATION AS A MORTGAGE BROKER BY A BODY CoRPORATE
Type or complete in black ink.
Attach annexures giving details as required.
1. (a) Name:
(b) Registered Office:
(c) Date and place of incorporation:
(d) Full address of the principal place at which the business of a mortgage broker
is to be carried on Phone:
(e) The full address of all other places whether within the State or elsewhere at which the business of a mortgage broker is to be carried on
(f) Set out as an annexure hereto details of each director and secretary showing full names, residential address, date of birth, office held and date of appointment
2. State the nature of the principal busineSs of the applicant
3. State in detail the activity for which the applicant requires a certificate
4. Set out name and address of each person who directly or indirectly exercises or has power to exercise a controlling influence over the management and policies of the applicant other than those shown as directors
S. Is any director or secretary of the applicant a director of any other corporation incorporated in the State or elsewhere? (Using an annexure answer "Yes"
or "No" for each person). If "Yes", give details of:
(a) names of corporations;
(b) places of incorporation; and (c) dates of appointment as a director:
\
6. (NOTE.-Answer questions "Yes" or "No" in space provided. If "Yes"
attach annexures giving all relevant particulars).
Has the applicant or any director or secretary of the applicant within the past 15 years ever-
(a) been licensed, registered or otherwise authorized by law to carry on any trade, business or profession in any place?
(b) been refused or restricted in its or his right to carry on any trade, business or profession for which a specific licence, registration or other authority is required by law in any place 1
Answer
7. (NOTE.-Answer questions "Yes" or "No" in space provided. If "Yes"
attach annexures giving all relevant particulars).
Has any director or secretary of the appli cant within the past 1 S years ever- Answer (a) been known by any name other than the name or names shown
in this application 1
(b) been convicted of any offence other than traffic offences in the State or elsewhere or are there any such proceedings now pending?
(c) had judgment given against him in any civil proceedings in the State or elsewhere?
(d) been declared bankrupt or entered into any scheme of arrange- ment or any composition with his creditors or executed as a debtor a deed of arrangement or deed of assignment in the State or elsewhere 1
(e) been engaged in the management of any corporation other than those referred to in answer to question S 1
(f) been refused a fidelity or surety bond in the State or elsewhere 1
8. Has any director or secretary of the applicant had any experience in performing the functions of a mortgage broker as defined in the Act?
(Answer" Yes" or" No") If" Yes" attach annexure giving all relevant particulars.
9. In relation to each director and secretary of the applicant, set out below details of the officer's employment and business activities, during the previous five years:-
Period of
Name of Nature of Employment
Director or Name and Nature of Employment or Business Secretary Address of Business of or Business if self (if self employed, Employer Employer if self employed
so state) employed (give exact
dates)
10. Set out any additional information (including any formal qualifications of the directors or secretary of the applicant) considered relevant to this application.
The information contained in this application and annexure/sis true to the best of my knowledge and belief. (NoTE.-Annexures must be numbered and carry this endorsement).
Dated this Signed:
Capacity:
day of ' 19
(To be signed by a person duly authorized to sign on behalf of the body corporate)
Lodged by: Surname Other Names:
Address: Phone:
Postcode:
NOTE.-
(1) This Application must be accompanied by-
(a) The last audited profit and loss account and balance sheet of the applicant (including every document required by law to be annexed or attached thereto);
or
(b) In the case of an applicant which is unable to comply with paragraph (1) (a) above, a profit and loss account and balance sheet drawn up in accordance with the provisions of the Companies Act 1961-1978, insofar as is applicable in the circumstances, and signed by not less than two directors of the applicant.
(2) If the profit and loss account and balance sheet of the applicant is made up to a date earlier than 14 days before the date of this application, those accounts should be accompanied by a report signed by not less than two directors of the applicant stating whether after due enquiry by them in relation to the interval between the date to which the balance sheet has been made up and a date not earlier than 14 days before the date of this application:-
(a) The business has in their opinion been satisfactorily maintained;
(b) There has in their opinion arisen in relation to the business any circumstances adversely affecting trading or the value of the assets or the ability of the applicant to meet liabilities as they fall due;
(c) The current assets appear in the balance sheet of the business at valuations which are believed to be realisable in the ordinary course of business; and (d) There have arisen any liabilities of a contingent nature.
Lodged by:
Name: Telephone:
Address:
[Form I]
Money Lenders Act 1916-1979 (Section 14o (3))
Certificate (Where mortgage broker is an individual) Name of Mortgage Broker:
Particulars of other Names entered in the Register:
On and From Period for which Certificate is in Force: To and Including Principal Place of Business:
Each other Place of Business:
The withinnamed mortgage broker is hereby registered as shown above under and in accordance with the provisions of the Money Lenders Act 1916-1979, subject to the following conditions:-
Dated at Brisbane this day of , 19
[Form J]
Money Lenders Act 1916-1979 (Section 14o (3))
Certificate (Where the mortgage broker is a body corporate) Name of Body Corporate:
Particulars of other Names entered in the Register:
On and From To and lncludina Period for which Ucence is in Force:
Principal Place of Business:
Each other Place of Business:
Registrar.
Names and Addresses of Secretary and Directors of Corporation:-
Name Address
The withinnamed body corporate is hereby registered as a mortgage broker as shown above under and in accordance with the provisions of the Money Lenders Act 1916-1979, subject to the following conditions:-
Dated at Brisbane this day of • 19
Registrar.".
Department of Justice, Brisbane, 1st August, 1974.
HIS Excellency the Governor, acting by and with the advice of t·he Executive Council and in pursuance of the provisions of the Money Lenders Act 1916-1973, bas been pleased to make the following Regulation.
WILLIAM E. KNOX.
''The Money Lenders Regulations of 1933", as amended, are further amended by repealing Regulation 10 and the heading to that regulation.
Gov. Gaz., 3rd August, 1974, No. 84, page 1944
Department of Justice,
Brisbane, 16th September, 1982.
HlS Excellency the Governor, acting by and with the advice of the Executive Cotmcil and in pursuance of the provisions of the Money Lenders Act 1916-1979, hereby makes the following Regulation.
SAM S. DOUMANY.
The Money Lenders Regulations of 1933, as amended, are further amended on and from the First day of October, 1982, by omitting Regulation 14 and substituting the following Regulation:-
" 14. The fees payable under this Act shall be as follows:-
! . -
For every registration or renewal thereof, inclusive of fee for filing statutory declaration and for registering one place of business only For registration of each additional place of busi-
ness up to five ..
For registration of each additional place of busi- ness over five ..
For every duplicate certificate of registration For every inspection of register (each name)
$ 190.00 135.00 90.00 3.00 3.00 Provided that the fee payable by a society registered in accordance with the Co-operative and Other Societies Act 19o7-1978 and having among its o\}jects the making, arrang- ing and guaranteeing of loans to mem\}ers from their accumulated savings shall be as follows:- ·
. s
For every registration or renewal thereof, inclus- ive of fee for filing statutory declaration and for registering one place of business only For registration of each additional place of
business
2. Fee to accompany an application for registra- tion or renewal of registration as a mortgage broker pursuant to section 14c or 14E
50.00 45.00 275.00.".
137
amendments which have been Gazetted to date of this printing.
The amendments have been printed on one side of the page for those who wish to cut and paste into the relevant areas of the regulations.
November 1984
HIS Excellency the Administrator of the Government, acting by and with the advice of the Executive Council and in pursuance of the powers and authorities conferred by "The Money Lenders Acts, 1916 to 1962." has been pleased to make the following Regulation.
A. W. MUNRO.
"The Money Lenders Regulations of 1933" are amended by revoking Regulation 13 and inserting the following Regulation in its stead; such amendment to come into operation on and from the Twentieth day of May, 1963-
"Borrower's Repayment Book or Statement of Loan 13 (1). Every money lender shall before making a loan to a borrower and before any document is executed by a borrower as security for a loan or as evidence of the contract of loan give to the borrower a repayment book or a state- ment in writing setting out the following information namely-
PARTICULARS OF PROPOSED LOAN,' (a) Name and address of money lender;
(b) Name and address of borrower;
(c) Amount of loan intended to be made;
(d) The interest to be charged on the loan,oexpressed as a rate per cenlum per annum calCulated in accordance with Section 4A of "Tile Money Lenders Acts, 1916 to 1962."
(2) The following further information shall before, at, or wittria Twenty-one days after the making of the loan be delivered by the mone-Y' lender to the borrower or sent by the money lender through the post by Registered letter or Certified mail addressed to the borrower-
(e) The amount of each instalment payable by the borrower to the money, lender;
(/) The place where and 1 the person to whom the instalments are to be paid;
(g) The dates or periods on or at which the instalments are to be paid;
(/z) The date of making the loan;
( i) The date when the first payment by the borrower to the money lender is to be made:
Provided that it shall be sufficient compliance with this subregulation if an executed duplicate of a document containing such information is delivered or sent to the borrower in compliance with .)ection 13 of ''Tire .'vlo11ey Lenden Acts, 1916 to 196:!."
(3) Whenever any payment in relation to a loan i::.
made by or on account of the borrower the money lender shall-
( a) Where the repayment book is produced enter or cause to be entered therein the date and amount of such payment; or
(h) Where the repayment book is not produced issue or cause to be issued to the payer a receipt showing the date and amount of such paymer.:.
(4) Failure to comply in whole or in part with thb Regulation shall not render illegal or void any contract.
security or transaction relating to the loan or empower any person to avoid any such contract. security or transaction:·
HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Money Lenders Act 1916-1979, hereby makes the following Regulation.
N.
J. HARPER.
The Money Lenders Regulations of 1933, as amended, are further amended on and from the First day of December, 1983, by omitting Regulation 14 and substituting the following Regulation:-
"14. The fees payable under this Act shall be as follows:-
1.-$ For every registration or renewal thereof, inclusive of fee for filing
statutory declaration and for registering one place of business
only . . 209.00
For registration of each additional place of business up to five 148.00 For registration of each additional place of business over five 100.00 For every duplicate certificate of registration 3.00
For every inspection of register (each name) 3.00
Provided that the fee payable. by a society registered in accordance with, the Co-operative and Other Societies Act 1967:...1'978 and having among its obiects:
the making, arranging and guaranteeing of loans to members from their accumulated savings shall be as follows:-
For every registration or renewal thereof, inclusive of fee for filing statutory declaration and for registering one place of business only ..
For registration of each additional place of business
2. Fee to accompany an application for registration or renewal of registration as a mortgage broker pursuant to section 14c or 14E
Gov. Gaz., 5th November;.l983,. page·919
$ 55.00
50;()()
302.00".
HIS Excellency the Governor, acting by and with the advice of the Executive Council do hereby amend the Regulation made in pursuance of the provisions
ofthe Money Lenders Act 1916--1979 on the Third day of November, 1983 by omitting in Regulation 14.2 the figures
"302.00" and substituting in lieu thereof the figures "300.00".
N. J. HARPER.
By Authority: S. R. Hampson, Government Printer, Queensland
