627
THE
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS,
1940 to 1961
Drought Relief to Primary Producers Act of 1940, 4 Geo. 6 No. 9
Amended by
Drought Relief to Primary Producers Act Amendment Act of 1961, 10
Eliz. 2 No. 22
An Act to Provide for Drought Relief to Primary Producers, and for
other purposes
[Assented to 25 October 1940]
1. Short title. This Act may be cited as "The Drought Relief to Primary
Producers Act of 1940."
Collective title conferred by the Drought Relief to Primary Producers Act
of 1961, 10 Eliz. 2 No. 22, s. 1 (3).
2. Meanings of terms. 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 : "Assignment"-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 1931" 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 Board 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
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DROUGHT RELIEF
Vol. 4
(e) Farmer, whether engaged in general or mixed farming,
cotton, potato, or vegetable growing, or poultry or pig
raising; or
(f) 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.
Acts referred to:
Companies Act of 1931, 22 Geo. 5 No. 53; see now the Companies Acts,
1961 to 1964, title COMPANIES, Vol. 2, p. 31.
Primary Producers' Co-operative Associations Acts, 1923 to 1962, title
PRIMARY PRODUCE.
Industrial and Provident Societies Acts, 1920 to 1946; see now the
Co-operative Societies Acts, 1946 to 1962, title SOCIETIES.
Oaths Acts, 1867 to 1960, title OATHS.
Dairy Produce Acts, 1920 to 1963, title DAIRY PRODUCE, p. 371,
ante.
Primary Producers' Organisation and Marketing Acts, 1926 to 1962, title
PRIMARY PRODUCE.
Fruit Marketing Organisation Acts, 1923 to 1956, title PRIMARY
PRODUCE.
Rural Development Transfer and Co-ordination of Powers Act of 1938, 2
Geo. 6 No.4; see now the Co-ordination of Rural Advances and
Agricultural Bank Acts, 1938 to 1951, title BANKING, Vol. 1.
p. 719.
The Corporation of the Bureau of Rural Development is now the Corporation
of the Agricultural Bank. See Prcliminary Note, p. 626.
The Minister for Agriculture and Stock is now the Minister for Primary
Industries.
3. (1) Establishment of Fund. There shall be established and kept in the
Treasury a Fund to be called "The Drought Relief Fund" (in this Act
referred to as "the Fund").
(2) Payments into Fund. To the credit of the Fund there shall be
paid all moneys available from time to time for the purposes of drought
relief.
(3) Application of Fund. Subject to this Act, the Fund shall and
may be applied to the extent to which it extends in making advances
by way of loan for the purposes of drought relief.
( 4) Repayments 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 Corporation is the Corporation of the Agricultural Bank.
Note, p. 626.
As to advances generally, see s. 8.
As to repayments, see ss. 5, 6.
See Preliminary
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS
ss.2-5
629
4. Eligibility for drought relief. No dairy farmer or other primary
producer shall be eligible(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 relief; 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,
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 relief; 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 Corporation is the Corporation of the Agricultural Bank. See Preliminary
Note, p. 626.
For the authority of the Corporation to make advances, see s. 8.
5. (1) Undertaking. The amount of the purchase price of any fodder
and/or water purchased 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 watcr or othcr drought relief is distributed to or
provided for him.
(2) Interest. 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.
(3) Assignment. 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
produce,
produced on the farm or other property named in such assignment and
supplied to such person, body corporate, or marketing board.
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.
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DROUGHT RELIEF
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( 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 marketing
Board 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.
For terms and conditions of loans additional to those contained in subsection
(4), see s. 9.
As to enforcement of assignment, see s. 6.
The Corporation is the Corporation of the Agricultural Bank. See Preliminary
Note, p. 626.
6. (1) Enforcement of assignment. If any dairy farmer or other primary
producer who has given an assignment 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 firstmentioned 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.
(2) Effect of assignment. 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.
(3)
retaining
for milk,
produce
Indemnity. Any person, body corporate, or marketing board
or paying any moneys payable to any other person whomsoever
cream, and/or pigs or, as the case may be, any other primary
supplied from a farm or other property mentioned in an
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS
ss.5-8
631
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.
7. Provisions of Act applicable to loans to dairy farmer or primary
producer. Sections five and six of this Act shall, mutatis mutandis, apply
to and with respect to any advance by way of loan from the Corporation
to any dairy farmer or other primary producer.
The Corporation is the Corporation of the Agricultural Bank. See Preliminary
Note, p. 626.
As to assignment, see also s. 5.
8. Authority to Corporation to make advances by way of loan. (1) 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
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
632
DROUGHT RELIEF
Vol. 4
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 relief;
(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 to
the 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.
As to eligibility for drought relief, see s. 4.
For terms and conditions of advances, see ss. 5 (4), 9.
As to the Fund, see s. 3.
As to advances to meet emergencies, see s. 10.
For further powers and authority of the Corporation, see ss. 12, 14, 15.
to the validation of advances, etc., made before passing of Act, see s. 20.
As
9. (1) Tenus of advances, 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 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
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS
ss.8-12
633
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.
(2) Provision as to interest on advances. Every advance by way of
loan under this Act shall bear interest 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 or 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.
See also s. 5 (4).
The Corporation is the Corporation of the Agricultural Bank.
Note, p. 626. ante.
See Preliminary
10. Advances to meet emergency. If in the opinion of the Corporation
circumstances of emergency require 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 mad~ 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.
As to advances generally, see s. 8.
The Corporation is the Corporation of the Agricultural Bank.
Note, p. 626.
See Preliminary
11. Act to apply to advances under this Act. Subject to this Act, every
provision of "The Rural Development 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.
Act referred to:
Rural Development Co-ordination of Advances Act of 1938; see now the
Co-ordination of Rural Advances and Agricultural Bank Acts, 1938
to 1951, title BANKING, Vol. 1, p. 719.
12. (1) Certain acts, etc., declared valid and lawful. 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 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
634
DROUGHT RELIEF
Vol. 4
executed by him or it for the purposes of the due exercise and perfonnance
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.
(2) Authority of Corporation in respect to audits defined. Without
limiting the generality 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 perfonned
and is duly exercising and perfonning all covenants, agreements, stipulations, and conditions contained in such indenture.
The Corporation is the Corporation of the Agricultural Bank.
Note. p. 626.
See Preliminary
13. Construction of certain Acts in relation to this Act. (1) Where any
body corporate which is a party to an indenture is a company within the
meaning of "The Companies Act of 1931" 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.
(2) Where 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.
(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
Associations 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.
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS
ss.12·15
635
( 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 marketing board 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 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
Societies Acts, 1920 to 1935," which is a party to an indenture.
Acts referred to:
Companies Act of 1931, 22 Geo. 5 No. 53; see now the Companies Acts,
1961 to 1964, title COMPANIES, Vol. 2, p. 31.
Primary Producers' Co-operative Associations Acts, 1923 to 1962, title
PRIMARY PRODUCE.
Primary Producers' Organisation and Marketing Acts, 1926 to 1962, title
PRIMARY PRODUCE.
Industrial and Provident Societies Acts, 1920 to 1946, see now the Cooperative Societies Acts, 1946 to 1962, title SOCIETIES.
14. Power and authority to enforce certain rights or remedies (1) The
Corporation shall have and may exercise all such rights and remedies 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 thing so directed to be
done or does the act, matter, or thing so forbidden to be done then, and
in every such case, such actions may be maintained 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.
(2) Any person, or body corporate, or marketing board who or
which is a party to an indenture shall have and may exercise all such
rights and remedies as may be conferred upon him or it by any undertaking or assignment executed in his or its favour.
The Corporation is the Corporation of the Agricultural Bank.
Note, p. 626.
See Preliminary
15. (1) Provisions as to audit by or on behalf of Corporation. 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
mayan 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 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.
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DROUGHT RELIEF
Vol. 4
(2) Offences in relation to audits. If any person obstructs the
Auditor-General, or any officer of the Public 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 two
pounds nor more than twenty pounds; 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 twenty pounds 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 indenture,
such person shall, in lieu of being liable as hereinbefore provided, be
liable to a penalty of not less than twenty pounds nor more than one
hundred pounds, and further liable if such offence is continued after a
conviction therefor to a daily penalty not exceeding fifty pounds.
(3) Duties of certain persons in respect of audits. It shall be the
duty of every manager or other principal officer of any 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 any
accountant so appointed upon demand made by the Auditor-General, or
any officer, or any accountant so appointed, and to permit the AuditorGeneral, 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 one hundred pounds.
(4) Application of section. This section shall apply and extend to
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.
As to audit, see the Audit Acts, 1874 to 1963, title AUDIT, Vol. 1, p. 648.
The Corporation is the Corporation of the Agricultural Bank. See Preliminary
Note, p. 626.
16. (1) Penalty. 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 fifty pounds and, in addition liable, in the case of an
individual person, to a penalty of not more than five pounds or, in the
case of a corporate body, to a penalty of not more than twenty pounds,
for each and every day during which such offence is continued after a
conviction therefor.
DROUGHT RELIEF TO PRIMARY PRODUCERS ACTS
ss.15-19
637
(2) Recovery of penalties. All penalties incurred for any offence
against this Act may be recovered in a summary way under "The Justices
Acts, 1886 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 referred to:
Justices Acts, 1886 to 1964, title JUSTICES.
As to computation of time, see the Acts Interpretation Acts, 1954 to 1962,
title ACTS OF PARLIAMENT, Vol. 1, p. 99.
17. Application of forms under "The Rural Development Co-ordination
of Advances Act of 1938." The forms set forth in the Schedule to the
Regulations in force under "The Rural Development Co-ordination of
Advances 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.
Act referred to:
Rural Development Co-ordination of Advances Act of 1938, see now the
Co-ordination of Rural Advances and Agricultural Bank Acts, 1938
to 1951, title BANKING, Vol. 1, p. 719.
18. Regulations. The Governor in Council may from time to time make
regulations providing 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.
Without limiting the power to make regulations hereunder, 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 undertakings;
(b) All matters required or permitted by this Act to be prescribed.
As to regulations, see Table of Contents, p. 625.
As to validity of regulations generally, see Preliminary Note to title ACTS OF
PARLIAMENT, Vol. 1, at p. 72.
19. (1) Orders in Council, etc., to form part of this Act. All Orders 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 Councilor
regulation shall be conclusive evidence of the matters contained therein
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.
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(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 designated so as to be understood.
(4) To be laid before Parliament. All Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days
after such publication, 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
Councilor regulation, of which resolution notice has been given at any
time within fourteen sitting days of such House after such Order in
Council or regulation has been laid before it, such Order in Councilor
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 Councilor 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.
20. Validation of certain advances by way of loan for drought relief. 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.
As to advances generally, see s. 8.
The Act was assented to on 25 October, 1940.
The Corporation is the Corporation of the Agricultural Bank.
Note, p. 626.
See Preliminary