THE FARMERS' ASSISTANCE (DEBTS ADJUSTMENT) ACT

Transcription

1 683 THE FARMERS' ASSISTANCE (DEBTS ADJUSTMENT) ACT of 1967 No. 17 An Act to Enable Certain Moneys made available by the Commonwealth to be Applied to or for the Benefit of Farmers [Assented to 7 April 1967] 1. Short title. This Act may be cited as "The Farmers' Assistance (Debts Adjustment) Act of 1967." 2. Repeal. "The Farmers' Assistance (Debts Adjustment) Acts, 1935 to 1945," (in this Act called the repealed Acts) are hereby repealed: Provided that, without prejudice to "The Acts Interpretation Acts, 1954 to 1962," the repealed Acts and, until repealed or amended under this Act, all Orders in Council and regulations thereunder shall be deemed to continue in force in relation to all assistance given under the repealed Acts and the Corporation of the Agricultural Bank as constituted under "The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1965," shall continue to have and may exercise in respect of any such assistance given by way of loan any right or remedy possessed by it or secured to it under or pursuant to the repealed Acts. Acts referred to: Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 82. Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1965, title BANKING, Vol. 1, p Interpretation. 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:- "Bank" - The Corporation of the Agricultural Bank as constituted under "The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1965"; "Board"-The Agricultural Bank Board as established under "The Co-ordination of Rural Advances and Agdcultural Bank Acts, 1938 to 1965"; "Farmer"-An~ person who, being. the owner, lessee, or occupier of land, IS engaged, otherwise than as an employee in farming operations on that land, and includes the owner, le;see,

2 684 PRIMARY PRODUCE Vol. 13 or occupier of any land on which farming operations are being carried on under a share-farming agreement to which he is a party, and the personal representative of a deceased farmer: Provided that no person shall be deemed to be a farmer within the meaning of this definition unless he satisfies the Board that he is dependent for his livelihood upon his farming operations upon the land of which he is such owner, lessee, or occupier, as the case may be; "Farming operations"-farming, agricultural, horticultural, pastoral, or grazing operations, and, without affecting the generality of the foregoing provisions, includes dairy farming, poultry farming, and bee farming, and also viticultural operations; "Fund"-The fund established at the Treasury under the name of "The Federal Aid Rehabilitation Fund" pursuant to the repealed Acts; "Minister" -The Treasurer or other Minister of the Crown for the time being administering this Act. The term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act; "Registrar"-The Registrar of Applications appointed or deemed to be appointed under this Act. The term includes a Deputy Registrar of Applications and any person for the time being performing the duties of the office of Registrar of Applications. Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1965, title BANKING, Vol. 1, p "Bank"-As to assistance deemed to be given by the Bank, its security and remedies, see s. 26. "Board"-As to consideration by the Board of an application for assistance, see ss As to the nature of assistance approved, see s. l3. For certain powers which the Board may exercise, see s. 28. "Farmer"-As to application by farmers for assistance, see s. 9. For the nature of assistance which may be granted, see s. 13. For restrictions placed on farmers in certain circumstances, see s. 24. As to the position of due rates, see s. 14. For the staying effect of an application, see ss Nothing in the Act confers on a farmer a right to claim any relief or debt adjustment under the Act, s. 32. "Fund"-See s Administration. This Act shall be administered by the Minister and, subject to the Minister, by the Board and such officers as are appointed for the purpose of this Act. 5. Officers. ( 1) The Governor in Council may appoint for the purpose of this Act a Registrar of Applications and such other officers as he deems necessary for the effectual administration of this Act. Appointees as aforesaid shall be appointed and shall hold their offices under, subject to, and in accordance with "The Public Service Acts, 1922 to 1965."

3 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss (2) An officer of the Public Service of Queensland may, in addition to the position which he holds therein, be appointed also the Registrar or any other officer for the purpose of this Act. The Registrar or any other officer may hold his appointment in conjunction with any other position in the Public Service of Queensland. (3) The holder at the passing of this Act of the appointment as Registrar of Applications under the repealed Acts shall, without further or other appointment, be the Registrar subject to the terms of his appointment. Any other holder at the passing of this Act of an appoiiitment under and for the purpose of the repealed Acts shall, without further or other appointment, hold that appointment under and for the purposes of this Act in terms of his appointment. Public Service Acts, 1922 to 1965, title PUBLIC SERVICE. 6. Authority to officers. ( 1) The Governor in Council by Order in Council, upon the recommendation of the Board and with the consent of the Minister, may authorize any officer or the officers included in any class of officer in the employ of the State to exercise and perform all or any of the powers, authorities, functions and duties of the Board and either throughout the State or in any specified part of the State. Any authority under this section may be conferred upon the holder of an office or holders of a class of office by specifying the office or class of office in question but without naming the holder or holders; and in such case each successive holder of the specified office or of any of the offices included in the specified class of office, and any person who for the time being performs the duties of the office or of such an office shall whilst he does so, but subject to the continuance in force of the authority, be deemed a person thereby authorized in terms thereof. (2) During the continuance in force of an Order in Council under this section an officer may exercise all of the powers, authorities and functions and shall perform all of the duties which the authority given by the Order in Council authorizes him to exercise and perform or is deemed by this section to authorize him to exercise and perform. (3) An Order in Council under this section shall not authorize or be deemed to authorize any person other than the Board- (a) to accept or refuse to accept an application by a farmer for assistance under this Act; (b) to approve or reject any composition or scheme of arrangement or proposal for a composition or scheme of arrangement; or (c) to exercise any power conferred on the Board by sections sixteen, seventeen or eighteen of this Act. As to the Board, see s. 3 and notes thereto. As to applications, see s Conduct of inquiry. In making any inquiry which it is authorized by this Act to make or which it makes for a purpose of this Act the Board shall have all the powers, authority, protection and jurisdiction of a Commission of Inquiry under "The Commissions of Inquiry Acts, 1950

4 686 PRIMARY PRODUCE Vol. 13 to 1954," save such jurisdiction, powers, rights and privileges as are confined to a Chairman of such a Commission when that Chairman is a Judge of the Supreme Court. Commissions of Inquiry Acts, 1950 to 1954, title EVIDENCE, Vol. 5, p The Federal Aid Rehabilitation Fund. ( 1) The Fund shall for all purposes of this Act be deemed to be established at the Treasury under this Act. (2) All payments made by way of repayment of or otherwise in respect of assistance given to or for the benefit of farmers under the repealed Acts or this Act shall be paid into and form part of the Fund. For the purposes of section seven of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth all moneys paid into the Fund under this subsection shall be deemed to be moneys granted to the State under that Act. (3) Subject to section seven of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth, payments to or for the benefit of farmers shall be made out of the Fund under, subject to and in accordance with the provisions of this Act. Loan (Farmers' Debt Adjustment) Act (Commonwealth). 9. Application for assistance. (1) Any farmer who proposes to effect with his creditors or any of them a composition in satisfaction of all or any of his debts or a scheme of arrangement of his affairs may apply to the Board for assistance to enable him to give effect to the composition or scheme. (2) (a) An application may be made by a farmer whose financial position is substantially affected by- (i) drought; or (ii) other act of God declared by the Governor in Council (who is thereunto hereby authorized) by Order in Council to be an occurrence in respcct of which applications to be madc under this Act may be made under this paragraph (a) of this subsection, whether or not the proposal of the farmer for the composition or scheme has been made to all or any of his creditors and, if so made, whether or not any of them to whom it has been made has accepted it. (b) An application may be made in any other case only after the proposal of the farmer for the composition or scheme has been made to the creditors with whom he proposes to effect the composition or scheme and each of such creditors has informed the farmer of the amount he is prepared to accept in discharge, wholly or in part, of his debt. (3) The application shall contain or be accompanied by- (a) particulars of the composition or scheme proposed by the applicant; (b) a list of all creditors of the applicant showing in respect of each the amount of the indebtedness of the applicant, and in respect of each such amount the extent to which it is accrued and unpaid.

5 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss (c) a statement whether or not the applicant has made the proposal for the composition or scheme to any creditor and, if made to any creditor, his name and address and- (i) in the case of an application made under paragraph (a) of subsection (2) of this section, whether or not he is prepared to accept it; (ii) in the case of an application made under paragraph (b) of subsection (2) of this section, the amount he is prepared to accept in discharge, wholly or in part, of his debt; (d) particulars of any offer to compound his debt made by a creditor to him including the amount of the composition offered and the terms and conditions of the offer; (e) all such further or other information and particulars as are prescribed. ( 4) An applicant thereunto required in writing by the Board shall, within the time specified by the Board, furnish to the Board all such further or other information and particulars, including all such accounts, documents and writings, as the Board deems necessary or expedient for the purpose of considering and deciding his application. (5) All or any information and particulars prescribed by this section to be contained in or to accompany an application under this section and all further information furnished to the Board pursuant to subsection ( 4) of this section shall, if required by the Board, be verified by statutory declaration. As to consideration of applications, see ss For nature of assistance which may be granted, see s. 13. As to Local Authority rates, see s. 14. As to Crown debts, see ss. 15, 22. As to stay of proceedings generally, see ss. 16, 23. For register of applications, see s. 25. Wilfully false statements in applications are punishable under s. 30. See s. 6 (3). 10. Preliminary consideration of application. ( 1) The Board may determine whether it will- (a) accept an application under section nine of this Act for consideration under and in accordance with the provisions of this Act; or (b) refuse to accept the application. Such determination shall be in the absolute discretion of the Board. (2) If the Board refuses to accept the application, it shall notify the applicant in writing of the refusal. (3) If the Board accepts the application for consideration under and in accordance with the provisions of this Act, the Board shall cause the Registrar to enter the application in the register of applications together with the prescribed particulars thereof. 11. Board to consider application. ( 1) The Board shall consider any application under section nine of this Act which has been entered in the register of applications with a view to determining whether, in the event of assistance being given to the applicant in order to enable him to effect the proposed composition or scheme of arrangement or any modified

6 688 PRIMARY PRODUCE Vol. 13 or amended composition or scheme of arrangement, he will be able to continue to carry on farming operations and will be given a reasonable prospect of carrying on those operations successfully. If upon such consideration the Board is not satisfied that the applicant will have a reasonable prospect of so doing it shall reject the application. If upon such consideration the Board is satisfied that the applicant will have a reasonable prospect of so doing it may approve of the application. (2) For the purpose of so considering any such application the Board may make all such inquiries as it deems necessary or expedient. (3) The Board may suggest such amendments or modifications to the proposed composition or scheme of arrangement as it thinks fit, and may thereafter approve of the application when so amended or modified. ( 4) Where the powers conferred upon the Board under this section are being exercised by an officer authorized in that behalf, such officer shall not approve of the proposed composition or scheme or of any amendment or modification thereof but shall refer same to the Board together with his recommendation thereon. 12. Meeting of creditors. The Board (or any officer authorized in that behalf) may call a meeting of the creditors of an applicant under section nine of this Act or any of them at such time and place as it or he may determine for the purpose of considering any proposal for a composition or scheme of arrangement. A member of the Board (or such officer as aforesaid) shall be the chairman at such meeting. 13. Nature of assistance to farmer. (1) The assistance approved by the Board to be given to an applicant under section nine of this Act to assist in effecting a composition or scheme of arrangement which has been approved by the Board shall be by way of a loan of such amount as the Board in its absolute discretion determines which loan shall be given in such manner and upon such terms and conditions (including the payment of interest thereon) as are prescribed or, in so far as not prescribed, as the Board in its absolute discretion determines and upon such security as the Bank, upon the recommendation of the Board, deems fit. The assistance shall not be given until the creditors who have accepted the composition or scheme have executed such agreements, releases and other documents as the Board directs. (2) No assistance to an applicant shall be approved by the Board for the purpose of discharging in whole or in part any debt of the applicant unless in the opinion of the Board such discharge is necessary to ensure that the applicant will continue to carry on farming operations and to give him a reasonable prospect of carrying on those operations successfully. 14. Composition for Local Authority rates. ( 1) In the case of an applicant under section nine of this Act who is indebted to a Local Authority for arrears of rates on the land on which he carries on farming operations, where the Board is of the opinion that the assistance required by him to enable him to continue to carry on farming operations, and

7 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss to give him a reasonable prospect of carrying on those operations successfully, should include a composition or scheme of arrangement in respect of such arrears of rates, the Board may certify accordingly. If further satisfied that assistance under this Act is required in order to effect the composition or scheme of arrangement the Board shall further certify accordingly. (2) Upon receipt of such certificate the Local Authority may, and notwithstanding anything to the contrary contained in "The Local Government Acts, 1936 to 1966," or in any other Act or law, agree to such composition or scheme of arrangement in respect of such arrears of rates or any part thereof as it may think fit, and may accept the payment provided for in such composition or scheme of arrangement in full satisfaction and discharge of such arrears of rates or part thereof, as the case may be. Local Government Acts, 1936 to 1967, title LOCAL AUTHORITIES, Vol. 10, p For rating powers of local authorities, see ibid., ss , Vol. 10, p Crown debts. ( 1) In the case of an applicant under section nine of this Act who is indebted to the Crown (in right of the State or of any Governmental authority of the State within the meaning of subsection (2) of section seven of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth) where the Board is of the opinion that the assistance required by him to enable him to continue to carry on farming operations and to give him a reasonable prospect of carrying on those operations successfully, should include a composition or scheme of arrangement of any such Crown debts or specified Crown debts or portion of any specified Crown debts, the Board may recommend accordingly. (2) Upon receipt of such recommendation the Governor in Council may, and notwithstanding anything to the contrary contained in any Act or law, agree to such composition or scheme of arrangement in respect of the whole of such Crown debts or any specified Crown debts or portion of any specified Crown debts as he may think fit, and may accept the payment provided for in such composition or scheme of arrangement in full satisfaction and discharge of the whole of such Crown debts or any specified Crown debts or portion of any specified Crown debts, as the case may be. (3) Assistance under this Act shall not be given in respect of any composition or scheme referred to in this section. Loan (Farmers' Debt Adjustment) Act (Commonwealth). As to stay of proceedings in respect of Crown debts, see s Stay of proceedings. ( 1) On and from the date of entry in the register of applications of an application under section nine of this Act and thereafter until this subsection ceases to apply to the applicant and his estate and effects by reason of subsections (2) or (3) of this section or section seventeen of this Act, the application shall be deemed to be a stay of proceedings and shall have the effect of staying proceedings in any action, execution, writ of fieri facias affecting land, distress for rent

8 690 PRIMARY PRODUCE Vol. 13 or other legal process in respect of any debt or liability of the applicant whether or not such debt or liability is included in the composition or scheme. (2) If the application is rejected by the Board the fact of such rejection shall forthwith be entered in the register of applications, and on and from the date of such entry the provisions of subsection (1) of this section shall cease to apply to the applicant and his estate and effects. (3) If the application is approved by the Board the provisions of subsection (1) of this section shall continue to apply to the applicant and his estate and effects until such date as the Board shall by entry in the register of applications appoint. Such date shall be fixed by the Board on the approval by it of the application, and shall be for such period not exceeding twelve months from the date of the approval as the Board shall by such entry in the register of applications appoint: Provided that, subject to section seventeen of this Act, the date of expiration of any stay of proceedings may in like manner be from time to time extended by the Board. As to subsection (1), see s. 17. For prohibited transactions while subsection (1) applies, see s. 24. As to objection to extension, see s. 18. Compare s. 22, as to Crown debts. For cases in which stay does not operate, see s. 23. For application of this section, see ss. 20, 21. See also ss. 6 (3), When s. 16 (1) not to apply. (l) Notwithstanding anything contained in section sixteen of this Act, upon proof to the satisfaction of the Board that any farmer to whom the provisions of subsection (1) of that section apply- (a) in the case of an application accepted for consideration but not approved by the Board, has not complied with a requisition by the Board under subsection (4) of section nine of this Act; (b) has knowingly made any false statement or has otherwise wilfully misled the Board either before, at, or after the time of the Board's approval of a composition or scheme of arrangement; or (c) has failed, neglected, or refused to observe any of the provisions of a composition or scheme of arrangement; or (d) has not applied the receipts from his farming operations in a proper manner; or (e) has abandoned his farm, or estate, or effects; or (f) has neglected his farm, or estate, or effects or has not maintained his farm, or estate, or effects in reasonable order and repair; or (g) has not worked his farm in a competent manner, the Board may- (i) in a case to which paragraph (a) of this subsection applies, without any inquiry or representation hereinafter referred to in this subsection; and

9 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss (ii) in any other case referred to in this subsection, either after inquiry made on its own behalf or after representations made to it by or on behalf of any creditor (whether a party to the composition or scheme of arrangement or not), direct and declare that the provisions of subsection (1) of section sixteen of this Act shall cease to apply to the farmer concerned, and upon the entry in the register of applications of such fact the said subsection (1) shall cease to apply to the farmer in question and his estate and effects. (2) In the case of a farmer to whom assistance has been granted by way of loan under this Act and to whom the provisions of subsection (1) of section sixteen of this Act have ceased to apply by virtue of this section, the Bank shall be entitled to have and exercise all such rights and remedies as if the said farmer had been guilty of a breach of the covenants of his security, and moreover the Bank may, in such case or in any other case where the provisions of the said subsection (1) have ceased to apply by virtue of this section, sue for and recover from the farmer in any court of competent jurisdiction all moneys then due and owing in respect of the assistance given by way of loan to such farmer under this Act. For application of this section, see also ss. 20, 21. See also s. 6 (3). 18. Objection to extension of period of stay of proceedings. Before any extension of the period of the stay of proceedings mentioned in section sixteen of this Act is made by the Board, any creditor of the farmer concerned may make in the prescribed manner to the Board an objection to such extension. The Board shall consider any such objection, and the Board may in its discretion refuse any such extension or may grant the same subject to such terms and conditions as the Board thinks fit. For appl ication of this section, see See also s. 6 (3). 19. Computation of time. No account shall be taken of the period during which the provisions of subsection (1) of section sixteen of this Act extend to a farmer, his estate, and effects in computing the time for taking any action, execution, or proceedings pending or in course of being put into operation against the farmer or his estate or effects at the date he made his application, or in computing the time for taking any further step in connection therewith. For application of this section, see ss. 20, Application of sections. The provisions of sections sixteen, seventeen, eighteen and nineteen of this Act shall apply and extend notwithstanding the death of the farmer concerned or that he is a patient within the meaning of "The Mental Health Acts, 1962 to 1964." Mental Health Acts, 1962 to 1964, title MENTAL HEALTH, Vol. 11, p Guarantors. The provisions of sections sixteen, seventeen, eighteen and nineteen of this Act shall extend and apply to any person who has guaranteed the payment of any debt or liability of a farmer so that as long as the provisions of subsection (1) of section sixteen of this Act apply and extend to the farmer, the said provisions shall in like manner apply and extend to the guarantor.

10 692 PRIMARY PRODUCE Vol Stay of proceedings in respect of Crown debts. Where the Board is of opinion that it is necessary in respect of any composition or scheme of arrangement approved by it that the stay of proceedings provided under this Act should, to enable the farmer concerned to carryon farming operations and to give him a reasonable prospect of carrying on those operations successfully, apply and extend to the Crown (in right of the State or any Governmental authority of the State within the meaning of subsection (2) of section seven of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth) and either generally or in respect of any specified Crown debts or portion of any specified Crown debts, the Board may recommend accordingly. Upon receipt of such recommendation the Governor in Council by Order in Council may consent to the application and extension to the Crown, and either generally or in respect of any specified Crown debts or portion of any specified Crown debts, of such stay of proceedings. Such a consent may be unconditional or may be subject to such terms and conditions as the Governor in Council shall think fit. Loan (Farmers' Debt Adjustment) Act (Commonwealth). As to Crown debts, see s. 15. As to stay of proceedings generally, see s Cases in which stay of proceedings not to operate. Notwithstanding anything hereinbefore contained, no application for assistance under this Act shall be deemed to be or have effect as a stay of proceedings in respect of any of the following matters:- (a) any tort committed by the applicant; or (b) any injury suffered by a worker in his employ; or (c) any action or proceeding under "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," or "The Wages Acts, 1918 to 1954"; or (d) any action or proceeding under any law relating to the payment of alimony or maintenance. Acts referred to: Industrial Conciliation and Arbitration Acts, 1961 to 1964, title LABOUR, Vol. 8, p Wages Acts, 1918 to 1954, title LABOUR, Vol. 8, p As to stay of proceedings generally, see s Restrictions on applicant. While the provisions of subsection (1) of section sixteen of this Act apply with respect to a farmer and his estate and effects- (a) he shall not, without leave of the Board, sell, lease, mortgage, or otherwise dispose of or encumber any of his land or his estate or effects or any interest therein; (b) he shall give to the Board from time to time such information as to his affairs as the Board requires. Any transaction entered into in contravention of this section shall be void. 25. (1) Register. The Registrar shall keep a register of all applications and enter therein all applications accepted by the Board for consideration.

11 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss Such register shall be in the prescribed form and contain the prescribed particulars and be open to public inspection at such times as may be prescribed. Until otherwise prescribed, the register at the passing of this Act of all applications under the repealed Acts shall, without further or other prescription, be the register of applications under this Act. (2) Certificates to be filed. Forthwith upon making any entry in the register the Registrar shall file in the registry of the appropriate Supreme Court, appropriate District Court and appropriate Magistrates Court a certificate of such entry, which certificate shall be in the prescribed form and shall contain the prescribed particulars. For the purposes of this subsection the appropriate Supreme Court shall be the Supreme Court at Brisbane, Rockhampton, or Townsville according to the Supreme Court district in which the farmer concerned carries on farming operations, the appropriate District Court shall be the District Court to which is assigned the Magistrates Courts district within which the farmer concerned carries on farming operations, and the appropriate Magistrates Court shall be every such court within the Magistrates Courts district within which the farmer concerned carries on farming operations. Where the farmer concerned carries on such operations in the district of more than one court such certificate shall be filed in the registry of each such court. Judicial notice shall be taken of every such certificate so filed. (3) Copies of entries. A copy of any entry in the register of applications purporting to be certified as correct under the hand of the Registrar shall be admissible in evidence in any proceedings whatsoever and be prima facie evidence of the matters contained therein. ( 4) Inspection. The Registrar of any Supreme Court, District Court or Magistrates Court shall keep a list of all certificates as aforesaid filed therein, and such list shall be open to public inspection without payment of any fee. 26. (1) Assistance deemed given by Bank. All assistance given under this Act shall be deemed to have been given by the Bank. (2) Securities. The Bank may give any assistance under this Act by way of loan upon such security as, upon the recommendation of the Board, it deems fit. ( 3) Recovery of moneys due as debt. Any moneys due and owing by a farmer in respect of assistance given under this Act shall until repaid be and remain a debt due to the Bank, and shall be recoverable by the Bank by action as for a debt in any court of competent jurisdiction. As to the Bank, see s Trustees. No trustee shall be chargeable with breach of trust by reason only of his consent to, or failure to object to, any composition or scheme of arrangement approved by the Board under this Act. 28. Board may exercise certain powers. The Board may exercise any such powers as are conferred upon it by or under any Act of the Parliament of the Commonwealth of Australia relating to debt adjustment of and relief to farmers. As to the Board, see also s. 3 and notes thereto.

12 694 PRIMARY PRODUCE Vol (1) Powers of Commonwealth Auditor-General. For the purpose of enabling the Auditor-General for the Commonwealth to comply with the provisions of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth, such Auditor-General shall have access to all buildings, places, documents, and papers of the State, and shall be permitted to make extracts from or copies of any such books, documents, or papers. (2) Certificate of Queensland Auditor-General. For the purposes of complying with section seven of the Loan (Farmers' Debt Adjustment) Act of the Commonwealth the Minister shall furnish to the Minister within the meaning of the Commonwealth Act within fourteen days after the first day of January and within fourteen days after the first day of July of each year a certificate by the Auditor-General as to the compliance or otherwise by this State with the conditions specified in the said section of the Commonwealth Act. Loan (Farmers' Debt Adjustment) Act (Commonwealth). 30. False statements. Any person who wilfully makes any false statement in any application or request or other document made or executed in connection with anything done or proposed under this Act, or wilfully neglects to disclose fully any matter required by this Act to be disclosed, shall be guilty of an offence and shall be liable to imprisonment for not more than six months or to a penalty not exceeding five hundred dollars, or to both such penalty and imprisonment. 31. Offences. All offences against this Act may be prosecuted in a summary way under "The Justices Acts, 1886 to 1965." Justices Acts, 1886 to 1968, title JUSTICES. Vol. 8, p No right of claim. Nothing in this Act shall confer upon any farmer a right to claim any relief or debt adjustment under this Act. As to farmers, see also s. 3 and notes thereto. 33. Regulations. ( 1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, providing for all or any purposes, whether general or to meet particular cases, as are convenient for the administration of this Act or are necessary or expedient for carrying out the objects and purposes of this Act. (2) The power to make, with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application mayor may not differ from any other regulation of specially limited application with respect to the same persons, matters or things. The power to make regulations with respect to any matter or thing shall include power to make regulations under this section prohibiting that matter or thing either generally or to meet particular cases. (3) Without limiting the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters and things:- (a) All matters which by this Act are required or permitted to be prescribed.

13 FARMERS' ASSISTANCE (ETC.) ACT OF 1967 ss (b) Forms and the respective purposes for which such forms or forms to the like effect shall be used. (c) The form of notice of meeting to be given to creditors, and the method of service thereof. (d) The regulation of the business and proceedings at meetings of creditors including the appointment, powers and duties of the chairman thereof. (e) The representation of creditors at meetings by proxy, and the form of such proxy. For regulations, see Table of Contents, p. 675, ante. As to validity of regulations genera1!y, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. I, p Publication of Orders in Council, etc. ( 1) Every Order in Council and regulation made under this Act shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii) take effect from the date of such publication unless, in the case of any regulation a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and. (iv) 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 Councilor regulation has been laid before it disallowing the same or part thereof, that Order in Council, regulation or part thereof 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 Councilor regulation.

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