no. 6373. soldier settlement act 1958. · no. 6373. soldier settlement act 1958. an act to...

1958. Soldier Settlement. No. 6373 881

No. 6373.

SOLDIER SETTLEMENT ACT 1958.

An Act to consolidate the Law relating to Soldier Settlement.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Soldier Settlement Act 1958, shorttme, and shall come into operation on a day to be fixed by '££g^&~ proclamation of the Governor in Council published in the fl^o0-Government Gazette, and is divided into Parts and Divisions as follows:— Part I.—Ratification and Approval of Agreement s. 4. Part II.—The Soldier Settlement Commission ss. 5-16. Part III.—Financial ss. 17-20. Part IV.—Acquisition and Setting Apart of Land ss.21-38. Part V.—Subdivision and Improvement of Land ss. 39-47. Part VI.— Settlement of Land ss. 48-78.

Division 1.—Preliminary ss. 48-55. Division 2.—Settlement Interim Leases ss. 56-60. Division 3.—Settlement Purchase Leases ss. 61-74. Division 4.—General ss. 75-78.

882 1958. Soldier Settlement. No. 6373

Part VII.—Advances for Purchase of Land ss. 79-91. Part VIII.—Advances for Improvements, Stock, Implements, &c.

ss. 92-102. Part IX.—Miscellaneous ss. 103-129.

Repeal. 2 . (1 ) The Acts mentioned in the First Schedule to the extent sdSduie thereby expressed to be repealed are hereby repealed accordingly.

(2 ) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule ratification approval appointment report statement declaration notice acquisition setting-apart valuation determination agreement compensation survey subdivision certificate application classification allocation assignment lien mortgage charge lease sale transfer conveyance licence insurance guarantee authorization saving warrant proceeding claim liability or right made issued granted given entered into imposed accrued incurred or acquired or existing or continuing by or under any of such repealed Acts before the commencement of this Act; nor shall such repeal affect the operation of sub-section (2) of section two of the Soldier Settlement (Amendment) Act 1949 or of sub-section (2) of section four of the Soldier Settlement (Amendment) Act 1956.

interpretation. 3 . In this Act unless inconsistent with the context or 82: SiS I!: sub jec t -mat te r -No. 5179 ss. 3,93 (1 ) , 94. •• Allotment." " Allotment" means an allotment of land settled or

intended to be settled under a settlement interim lease or settlement purchase lease granted pursuant to this Act.

.. com. " Commission " means the Soldier Settlement Commission mission" under this Act.


" Discharged soldier" means any person who is an " eligible person" within the meaning of the Agreement.

" Division " means Division of a Part. " Estate" means an area of land acquired or set apart

pursuant to this Act or any corresponding previous enactment and which is or is intended to be subdivided pursuant to this Act or the said enactment.

" Land " includes any easement right or privilege in over or affecting any land and also includes any lease licence or other interest whatsoever in any land, including Crown land.

" Minister " means the Commissioner of Crown Lands and Survey.

" Part " means Part of this Act. " Prescribed" means prescribed by this Act or the

regulations. " Regulations " means regulations made under this Act. " Schedule " means Schedule to this Act. " Settled", in respect of any allotment, means settled

under a settlement interim lease or settlement purchase lease granted pursuant to this Act; and " settlement" and the derivatives of " settle " have corresponding interpretations.

" Settler " means the lessee for the time being (whether original or by transfer) under a settlement interim lease or settlement purchase lease, and includes the legal personal representative of a deceased settler.

" The Agreement " means the Agreement a copy of which is set out in the Second Schedule to this Act.

PART I.—RATIFICATION AND APPROVAL OF AGREEMENT.

4. The execution of the Agreement by the Premier of Victoria for and on behalf of the State of Victoria is hereby declared to have been duly ratified by the Soldier Settlement Act 1945 and the Agreement is hereby declared to have been duly approved by the said Act.

" Discharged soldier."

' Divisioa."

' Estate."

' Land.'

' Minister.'

' Part."

' Prescribed.'

" Regulations.*' " Schedule.'

" Settled."

' Settler."

"The Agreement." Second Schedule.

Execution of agreement ratified and agreement approved. No. 5107 s. 4.

PART I I . — T H E SOLDIER S E T T L E M E N T COMMISSION.

5. (1 ) For the purposes of this Act there shall be a soldier Commission, appointed by the Governor in Council and constituted comlKm as hereinafter provided, to be called the "Soldier Settlement t in ted . Commission." NO. 5107 s. 5;

(2 ) By that name the Commission shall be a body corporate s.4'7 M. with perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing leasing taking on lease or on mortgage or for security holding selling and disposing of real and personal property for the purposes of any Act conferring functions upon the Commission.


constitution (3) The Commission shall consist of three members Commission, appointed by the Governor in Council.

(4) Of the three members so appointed— (a) one at least shall be a discharged serviceman within

the meaning of the Discharged Servicemen's Preference Act 1943; and

(b) one at least shall be a person possessing a knowledge of business finance and primary production.

Chairman. (5) One of the three members so appointed shall be appointed as chairman of the Commission.

(6) The members of the Commission holding office at the commencement of this Act shall for the respective terms for which they were appointed be deemed to be members as if appointed under this Act.

6. (1) The members of the Commission shall subject to this Act be entitled to hold office for such term not exceeding five years as the Governor in Council determines prior to their appointments, but any person appointed a member of the Commission shall be eligible for re-appointment.

(2) Each member of the Commission shall be severally entitled to receive such annual salary or other remuneration as is fixed by the Governor in Council.

(3) No member of the Commission shall during his continuance in the office of member engage in any employment other than in connexion with the duties of that office.

Travelling (4) Each member of the Commission shall be severally entitled to receive such travelling expenses as are fixed from time to time by Order of the Governor in Council.

7. (1) The persons who are appointed members of the Commission shall not in respect of their offices as members be subject to the provisions of the Public Service Act 1958.

(2) If any person appointed as a member of the Commission was immediately before his appointment—

(a) an officer of the public service; or (b) (having formerly been an officer of the public service)

engaged or employed in any office or capacity in which he was eligible on the recommendation of the Public Service Board to be re-appointed upon the termination of such engagement or employment to some office in the public service—

such person shall be eligible on the recommendation of the Public Service Board to be re-appointed at or before the termination of his term of office under this Act to some office in the public

Term of office of members. No. 5107 s. 6: No. 5768 8. 48.

Salaries and expenses of members.

Members not to engage in other employment.

Non-application of Public Service Act to members. No. 5107 s. 7; No. 5768 s. 49. Public service rights of members of Commission.


service with a classification and emolument corresponding with or higher than that which he held in the public service immediately prior to his appointment as a member of the Commission or to his engagement or employment as aforesaid and as if the whole period of his service under this Act and (where the case so requires) in any other such office or capacity had been a period of service in the public service.

(3) If any person appointed a member of the Commission was immediately prior to that appointment an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment he shall notwithstanding that appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

8. (1) The Governor in Council may suspend any member from office, but no member shall be removed from office except as hereinafter provided.

(2) The Minister shall cause to be laid before both Houses of Parliament a full statement of the grounds of suspension of any member within seven days after the suspension if Parliament is then sitting or if Parliament is not then sitting then within seven days after the next meeting of Parliament.

(3) Any member so suspended shall be restored to office by the Governor in Council if each House of Parliament within seven sitting days after the day on which the statement is laid before it declares by resolution that the member ought to be restored to office; and unless each House within the said time so declares the Governor in Council may confirm the suspension and remove the member from office.

9. Every member of the Commission who is directly or indirectly concerned or interested in any bargain or contract made by or on behalf of the Commission or directly or indirectly participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom shall thereby vacate his office as a member of the Commission and shall also be guilty of a misdemeanour and liable to a penalty of not more than Five hundred pounds or to imprisonment for a term of not more than three years or to both such penalty and imprisonment.

10. No person being an undischarged or uncertificated Persons bankrupt or insolvent shall be capable of being appointed a member not to be or of the Commission, and every member who becomes bankrupt or memoes insolvent or applies to take the benefit of any Act or law now or contusion, hereafter to be in force for the relief of bankrupt or insolvent NO.SIO7S. to. debtors or who by any deed or other writing compounds with his creditors or makes an assignment of his salary for their benefit shall thereby vacate his office as a member of the Commission.

Suspension of members of Commission. No. 5107 s. 8.

Members not to be personally interested In contracts. No. 5107 s. 9.


Vacation of office. No. 5107 s 11.

11. The office of any member of the Commission shall become vacant—

(a) at the expiration of his term of office; (b) if he dies; (c) if he resigns his office by writing addressed to the

Governor in Council; {d) if he is removed from office as hereinbefore provided; (e) if he vacates his office as hereinbefore provided; or (/) if without the consent in writing of the Minister he

fails to attend four consecutive meetings of the Commission.

Provision for appointment of members when vacancy occurs, and of substitute members and deputy chairman.

No. 5107 s. 12.

Quorum. No. 5107 s. 13.

Who to be chairman at meetings.

Provision in case of equality of votes.

Commission to regulate its own proceedings.

12. Subject to this Act the Governor in Council may— (a) on the occurrence of any vacancy (however arising)

in the office of any member of the Commission appoint a person to fill the vacancy;

(b) as occasion arises appoint a person to act as substitute member during the absence continued illness or other inability to act of any member, and any such person while so acting shall, except as hereinafter provided, have all the powers and perform all the duties of and be subject to the same liabilities as a member of the Commission; and

(c) at any time appoint one of the other members of the Commission (not being a substitute member) to be deputy chairman of the Commission.

13. (1) A quorum of the Commission shall consist of at least two members, neither of whom is a substitute member.

(2) During any vacancy in the office of member of the Commission the continuing members, subject to there being a quorum, may act as if no vacancy had occurred.

(3) At any meeting of the Commission the chairman if present shall preside and in his absence the deputy chairman shall be chairman of and shall preside at the meeting.

(4) The decision on any matter of a majority of the members present at any meeting shall be the decision of the Commission on that matter.

(5) In the event of an equality of votes upon any matter at any meeting at which only two members are present, that matter shall be postponed to a meeting at which three members are present.

(6) Subject to this Act the Commission may regulate its own proceedings.


Appointment of secretary and employment of inspectors valuers supervisors &c. No. 5107 s. 14; No. 5370 ss. 2, 3, No. 5768 s. 50(1). No. 5900 s.2(l) (3).

14. (1) With the approval of the Governor in Council the Commission may—

(a) appoint and at any time remove a secretary and a deputy secretary to the Commission (either of whom may on behalf of the Commission accept service of any document or sign any document to be issued by the Commission);

(b) employ for such periods as the Commission thinks fit as many persons as the Commission considers necessary to be employed—

(i) as inspectors valuers and supervisors of properties which have been or are to be acquired or made available or on which advances have been or are to be made pursuant to this Act or any other Act conferring functions upon the Commission or

(ii) in any other capacity— in order that the purpose of any such Act may be expeditiously and fully carried into effect.

(2) The said secretary and deputy secretary and all such persons so employed shall hold their office or employment upon such terms and subject to such conditions and shall receive such remuneration for their services as the Commission with the approval of the Governor in Council determines and shall not in respect of such office or employment be subject to the provisions of the Public Service Act 1958.

(3) (a) Subject to paragraph (b) of this sub-section if any saving of secretary or deputy secretary so appointed or person so employed HSd'super-'06

was, immediately before his appointment or employment by the rights?10" Commission, an officer of the public service he shall (while being or continuing to be employed by the Commission or on ceasing to be employed by the Commission) be eligible to be appointed to such office in the public service as the Public Service Board determines with a classification and emolument corresponding with or higher than that which he held in the public service immediately before his appointment or employment by the Commission as if the period of his service in the employment of the Commission had been service in the public service.

(b) Any secretary deputy secretary or officer— (i) who is referred to in paragraph (a) of this sub-section;

or (ii) who at the commencement of the Soldier Settlement 29th

(Amendment) Act 1955 was an officer within wss!mbet* the meaning of the Superannuation Acts—

and who ceases to be employed by the Commission on his office becoming redundant by reason of the functions or activities of the Commission being reduced or ceasing shall, on ceasing to

888 1958. Soldkr Settlement. No. 6373

Services of officers of the public service and local advisory committees. No. 3107 s. 15; No. 5768 ss.47 (c) , 50(2)

No. 5900 s. 2 (2) (.a) ( 6 ) .

be so employed, be by virtu© of this Act transferred to the public service as a permanent officer with a classification which is determined by the Governor in Council after considering a report by the Public Service Board as being a proper classification in the circumstances.

(4) If any secretary or deputy secretary so appointed or person so employed was, immediately before his appointment or employment by the Commission, an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment he shall notwithstanding such appointment or employment be deemed to continue subject to that Act to be an officer within the meaning of that Act.

(5) During any absence of the secretary to the Commission through illness or other cause the deputy secretary may exercise all the powers and functions of the secretary.

(6) (a) Any secretary deputy secretary or other person who pursuant to sub-section (3) of section two of the Soldier Settlement (Amendment) Act 1955 reverted to the employment of the Commission shall for all purposes be deemed to have continued in the employment of the Commission as if his previous transfer to the public service had not been effected.

(b) Any such secretary deputy secretary or officer who immediately before the commencement of the Soldier Settlement (Amendment) Act 1955 was an officer within the meaning of the Superannuation Acts shall notwithstanding the operation of paragraph (a) of this sub-section continue subject to those Acts to be an officer within the meaning of those Acts.

15. For the purposes of the exercise by the Commission of the powers and functions conferred upon it by this or any other Act—

(a) the Governor in Council may direct that the services of any of the officers and employes of the public service in the Department of Crown Lands and Survey shall be available to and may be made use of by the Commission;

(b) in addition the Commission may, if necessary, with the approval of the Minister and the consent of the Minister administering any other Government department, make use of the services of any of the officers and employes of the public service in such other department; and

(c) the Commission may with the approval of the Minister appoint a local advisory committee in and for any district where lands are proposed to be or likely to be acquired for the purposes of soldier settlement under this Act consisting of representatives of the local branches of the Returned Sailors' Soldiers'


and Airmen's Imperial League of Australia the Sailors' Soldiers' and Airmen's Fathers' Association and such other kindred organizations as the Commission thinks proper, and the Commission shall seek the advice of such local advisory committee upon the question of the advisability pf the acquisition of any land situated within its district before making the recommendation required to be made by it for the acquisition of that land for soldier settlement under this Act.

16. The Commission shall as soon as practicable after the end of each financial year furnish to the Minister a report dealing separately with its administration of soldier settlement and of settlement and other administration under the Land Settlement Act 1958 during that financial year together with a balance-sheet and statement of receipts and disbursements in respect of each such administration during that financial year duly audited by the Auditor-General, and such report balance-sheet and statement shall be laid before both Houses of Parliament within fourteen days after the receipt thereof by the Minister if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

Report and Balance-sheet. No. 5107 s. 16; No. 5768 s. 47(d).

PART III.—FINANCIAL.

Raising and Application of Loan Moneys.

17. (1) There may be issued out of the Loan Fund such amounts, not exceeding in the aggregate Fifty-five million pounds, as are necessary to be expended pursuant to this Act in the acquisition of land, the survey, subdivision, clearing, draining, grading, preparing for irrigation, sowing, planting, fencing, and improvement of land acquired or set apart pursuant to this Act or the Soldier Settlement Act 1945 or the Land Settlement (Acquisition) Act 1943, the making or improving of roads or other access to such land, the erection of dwelling-houses outbuildings and other improvements on such land, the purchase of machinery materials and other property for any of the said purposes the making of advances, the purchase or acquisition of property of any kind required for the making of advances in kind, the depasturing or agistment of stock and the storage and maintenance of any property purchased or acquired as aforesaid, the taking on lease or licence or otherwise using any land for any such purpose and the doing of all other acts matters and things which the Commission is authorized whether specifically or by necessary implication to do out of loan moneys.

Issue and application of £53,000,000 for capital works and advances. No. 5107 s. 18; No. 5179 s 95. No. 5370 s. 4, No. 5571 s. 2. No. 5832 s. 2

890 1958. Soldier Settlement. No . 6373

( 2 ) In respect of any special advance by the Commonwealth of Australia for the purposes of soldier settlement all payments required to be made by way of interest and repayment shall be paid from the Consolidated Revenue which is hereby appropriated accordingly.

Appropriation 18 . ( 1 ) All moneys received by the Commission on account repayments, of the repayment to or recovery by the Commission of the capital Na 5179 i'96.: °f ^ e l ° a n moneys expended as referred to in the last preceding NO!Miss!2.' section and of any moneys advanced by the Commonwealth of

Australia and so expended shall be paid by the Commission— (a) as to an amount equivalent to the principal sum

appropriated annually to repay any such Commonwealth advance—into the Consolidated Revenue;

(b) as to the remainder—into the State Loans Repayment Fund.

Other moneys ( 2 ) All other moneys received by the Commission (otherwise coMoPudated than for administrative costs) shall unless expressly directed to be u„v*n.„- otherwise paid or applied by some provision of this Act be paid

by the Commission into the Consolidated Revenue.

Administrative Costs.

19 . ( 1 ) All costs (hereinafter called " administrative costs " ) of the carrying on of the operations of the Commission (other than the operations referred to in section seventeen of this A c t ) , including, without limiting the generality of the foregoing, the remuneration and expenses of the members of the Commission and of the secretary appointed and of the inspectors valuers supervisors and other persons employed by the Commission pursuant to this Act, shall be paid out of moneys provided by Parliament for that purpose.

( 2 ) The officers and employes whose services are made use of by the Commission pursuant to this Act shall continue to be paid their salaries wages and expenses in all respects as officers or employes of the several Government departments to which they belong; but in the accounts of the Commission the amount of such salaries wages and expenses shall be shown as par t of the administrative costs of the Commission:

Provided that, where the services of any such officer are used partly by the Commission and partly by any such department, only such proportion of the amount of his salary or wages and expenses as is agreed on between the Commission and the Minister administering the department concerned, or, in default of agreement, as is determined by the Governor in Council, shall be shown as part of the administrative costs of the Commission as aforesaid.

As to special Commonwealth loans for soldier settlement.

Administrative costs to be paid out of moneys provided by Parliament. No. 5107 s. 20.

As to salaries wages Ac. of officers and employes of departments whose services are used by Commission.


Accounts. 20. (1) The Commission shall cause to be kept separate and Accounts of

complete a c c o u n t s - " T T 2 1 . (a) of all loan moneys expended as provided in this Act,

and of all moneys received by the Commission on account of the repayment or recovery of the capital of such loan moneys and on other accounts respectively; and

(b) of all moneys expended for administrative costs of the Commission.

(2) Such accounts shall be audited once at least in every Audit year by the Auditor-General who shall have in respect of such accounts all the powers conferred on him by any law now or hereafter in force relating to the inspection and audit of the public accounts.

Act-

PART IV.—ACQUISITION AND SETTING APART OF LAND.

21. For the purposes of soldier settlement pursuant to this Power to Commission to recommend

(a) the Commission with the approval of the Minister may or acquisition recommend to the Governor in Council that any roiaier Crown land should be set apart for those purposes; No'sToTs 22-a n d No! 5768 s.'51.'

(b) the Commission with the approval of the Minister may—

(i) direct any of its inspectors, valuers or other officers or employes to enter and inspect and report on any land which in the opinion of the Commission may be suitable for such purposes (and any entry made pursuant to this section shall be deemed not to be a trespass); and

(ii) recommend to the Governor in Council that any land should be acquired for such purposes.

(2) The provisions of this Part shall apply to and with Acquisition of respect to the setting apart and acquisition of land for providing provide access

access by road t o any allotment. roads.

2 2 . ( 1 ) F o r the purpose of enabling the Commission to form Power to. an opinion whether any land is suitable for such purposes the to require

Commission may by notice in writing served on the owner o r boo^c&c0.n of

occupier of any land require h im to produce to the Commission find1.'11*10

within the t ime specified in the notice all books and accounts No. 5107 s. 23. relating to the land and his operat ions thereon and covering such period as is specified in the notice.


Penalty.

Approval of Governor in Council for setting apart or acquisition. No. 5107 s. 24; No. 5179 S.97U).

Certain closer settlement lands to be available for soldier settlement.

Value of Crown land set apart &c. to be a liability to Consolidated Revenue. No. 5107 s. 25; No. 5179 s.97(2), No. 5370 s. 5.

As to existing improvements on Crown land set apart for soldier settlement.

(2) If such owner or occupier without reasonable cause fails or neglects to comply with such requirement he shall be guilty of an offence and liable to a penalty of not more than One hundred pounds.

23. (1) If the Governor in Council approves any such recommendation—

(a) under paragraph (a) of section twenty-one of this Act—the Governor in Council may direct the Minister to cause such land to be set apart accordingly;

(b) under paragraph (b) of section twenty-one of this Act—the Governor in Council may direct the Commission to negotiate for the acquisition of such land accordingly.

(2) Any land which may be disposed of by the Board of Land and Works pursuant to section twenty-six of the Closer Settlement Act 1938 shall for the purposes of paragraph (a) of section twenty-one and of paragraph (a) of sub-section (1) of this section be deemed to be Crown land and may accordingly be set apart for the purposes of soldier settlement pursuant to this Act.

24. (1) The value of any Crown land set apart pursuant to this Act or section twenty-four of the Soldier Settlement Act 1945 or the Land Settlement (Acquisition) Act 1943 and of the interest of the Crown in any land acquired pursuant to this Act or the said Acts shall—

(a) (if the land was land which might be disposed of by the Board of Land and Works under the Closer Settlement Act 1938) be paid by the Commission into the State Loans Repayment Fund out of loan moneys raised pursuant to this Act; and

(b) (in any other case) be entered in the accounts of the Commission as a liability to the Consolidated Revenue, but without diminishing or affecting the power to raise loan moneys pursuant to this Act.

(2) If on any Crown land set apart pursuant to the last preceding section there are at the time of the setting apart any improvements the Commission may in its discretion either—

(a) (if the Board of Land and Works consents) allow such improvements to be removed by any previous occupier who is entitled to such improvements; or

(b) pay out of loan moneys raised pursuant to this Act the value of the improvements (as agreed on by the Commission and the Board of Land and Works or, in default of agreement, as fixed by the Minister) to the Board of Land and Works for disposal by the said Board as it thinks fit.

1958. Soldier Settlement. N o . 6373 893

(3 ) Where any person in occupation of any Crown land set Removalot \ .. ti i ^ J- *-• c t • unauthorized apart pursuant to the last preceding section refuses to give up occupiers of

• c i i j !_• j AiT /-i • • Crown land. possession of such land or hinders the Commission or any person authorized by the Commision in entering upon or taking possession of the land, the Attorney-General may grant a warrant in the prescribed form authorizing the Sheriff to deliver the possession of the land or to enforce entry on the land.

25. (1) Subject to this Act the Commission on behalf of the g0,^^,,, Crown may acquire either by agreement or compulsorily land u> acquire n

for the purposes of this Act but no land shall be so acquired N^Ljio7g.26; without the approval of the Governor in Council. No! sra J. 98.'

(2 ) So far as relates to the acquisition of any land by the E*!nn

ionof

Commission by agreement, any person who under section six of provisions of the Lands Compensation Act 1958 would be entitled to sell and Compensation convey or release the land to the Board of Land and Works shall £cacIul53ons in like manner and to the same extent be entitled to sell and by asreemeiIt-convey or release the same to the Commission on behalf of the Crown, and all land so sold and conveyed or released shall be vested in the Crown for the purposes of this Act and shall be deemed to be unalienated land of the Crown, and the provisions of the Lands Compensation Act 1958 relating to the payment of and to the application of purchase money paid by the said Board upon any acquisition of land by agreement under that Act shall so far as applicable and with such adaptations as are necessary extend and apply to the payment of and to the application of purchase money paid by the Commission upon the acquisition of any land by agreement pursuant to this Act.

26 . ( 1 ) Where it appears to the Governor in Council that Direction by any land proposed to be acquired for the purposes of this Act c £ S t o m

cannot be acquired by agreement or cannot be so acquired SSXp Joriiy. conveniently or at a reasonable price the Governor in Council NO. 51079.27; may direct that such land be acquired compulsorily. f.%5U),

No. 5438 (2) Notice of such direction (hereinafter referred to as a No. 5*57 it! 3.

" preliminary notice of compulsory acquisition") shall be published by the Commission in the Government Gazette.

(3) No direction shall be given to acquire compulsorily any Mtaunwn land the unimproved value of which, as assessed under the Land vaiueoF Tax Act 1958, does not exceed One thousand five hundred acquired land-pounds.

This sub-section shall not apply with respect t o — (a ) the acquisition of any easement right or privilege in

over or affecting any land or the acquisition of any lease licence or other interest (not being the ownership in fee simple) in any land (including Crown land) ; or


(b) the acquisition of any land within any area which the Governor in Council by notice published in the Government Gazette has declared to be an area required for irrigation settlement under this Act or any corresponding previous enactment; or

(c) the acquisition of any land where other adjacent land belonging to the same owner has been or is proposed to be acquired by agreement for the purposes of this Act and the aggregate value of such other land and the land to be compulsorily acquired exceeds One thousand five hundred pounds.

Proton (4) Where any land proposed to be acquired for the purposes severing of this Act comprises the whole or any part of a holding of land from acquired which includes a homestead and the owner of the said land has c ^ n c e r t a ! n resided in such homestead for a period of not less than five years

immediately before the proposed acquisition and is personally conducting farming operations on the land then no notice to acquire compulsorily such land or any part of such land shall be given unless—

(a) the land directed to be so acquired includes the land on which the homestead is situated; or

(b) if the land directed to be so acquired does not include the land on which the homestead is situated—

(i) the owner will after the acquisition retain with the homestead an area of land which in the opinion of the Governor in Council will be sufficient to enable farming operations to be economically conducted by him in connexion with the homestead; and

(ii) adequate provision in the opinion of the Governor in Council is made for access by the owner to the main source of water supply on the land for the purposes of the homestead and the lands retained by the owner.

(5) For the purposes of the last preceding sub-section any period of service by the owner of the land in the naval military or air forces of the King or the Commonwealth shall be deemed to be a period of residence and of the conduct of farming operations as aforesaid.

27. (1) Upon publication of the preliminary notice of compulsory acquisition every person who has any estate or interest in respect of the land described in the notice shall, subject to the following provisions of this Act, have a claim for compensation.

Land to vest in Crown only on publication of final notice of compuisoty acquisition. No. 5107 s. 28; No. 3438 s. 2 (t) (6), No. 5571 s. 4.


(2) Upon publication of the final notice of compulsory acquisition, as hereinafter provided, by virtue of this Act and without any further or other conveyance or transfer the land described in the said final notice shall—

(a) be vested in the Crown for the purposes of this Act and shall be deemed to be unalienated land of the Crown; and

(b) be freed and discharged from all trusts obligations estates interests contracts licences charges rates and easements.

(3) Where upon publication of a final notice of compulsory ^g0in

yt;)

nd

acquisition any land is vested in the Crown by the operation of Registrar-.. , . j . i x General and the last preceding sub-section— Registrar of

Titles to make (a) if the land is not under the Transfer of Land Act 1958 ^SSSSI

—the Registrar-General, upon receipt of a notice in entries i^ cflti cell &( \o rts

the prescribed form from the Commission to the &c effect that the land is so vested in the Crown, shall endorse upon the record of enrolment of the Crown grant of the land and upon any memorial relating to the land registered in the office of the Registrar-General notification that the land is vested in the Crown for the purposes of this Act; and

(b) if the land is under the Transfer of Land Act 1958— the Registrar of Titles upon receipt of a notice in the prescribed form from the Commission to the effect that the land is so vested in the Crown shall cancel the Crown grant of the land or any certificate of title issued in lieu thereof and the duplicate of every such grant or certificate, and the holder of any such duplicate grant or certificate shall produce the same to the Registrar of Titles for that purpose.

28. Within fourteen days after the publication of the N£tIcet° preliminary notice of compulsory acquisition the Commission persons" shall cause a copy of the preliminary notice to be served on the or interest in owner of the land and every other person who so far as can be £°d'5107 s 29. ascertained has any. estate or interest therein. NS: 5438s'

J s. 2 (1) (c).

29. (1) The owner and every other person so served with T'metor a copy of the preliminary notice of compulsory acquisition and claims? every other person who has any claim for compensation shall N°: iiSss'30:

within twenty-eight days after the service or (in the case of any ft*,^^ person who has not been so served with a copy of the preliminary notice) within forty-two days after the publication of the preliminary notice lodge with the Commission a claim in the prescribed form for compensation under this Act:


Procedure for determining compensation when claim not lodged.

Provided that if the Commission is satisfied that any person has a claim for compensation which is bona fide, the Commission may allow such further time for making it (whether the time for making it has expired or not) as the Commission thinks just, and it may be made accordingly.

(2) Where any person who in the opinion of the Commission has a bona fide claim for compensation but does not within the time or further time allowed under this section lodge with the Commission a claim for compensation as aforesaid, proceedings may be taken and had under the following provisions of this Part in all respects as if a claim had been duly lodged by such person on a date determined by the Commission for the purpose and were a disputed claim by reason of the operation of paragraph {a) or (b) of section thirty-one of this Act.

Procedure on claim for compensation being lodged. No. 5107 s. 31.

When claim becomes a disputed claim for compensation. No. 5107 a. 32.

Methods of determining disputed claims. No. 5107 s. 33; No. 5133 s. 3 (1).

30. Within twenty-eight days after a claim has been lodged the Commission shall—

(a) notify the claimant that the Commission admits the claim for compensation; or

(b) notify the claimant that the Commission disputes the claim for compensation; or

(c) offer the claimant such an amount as the Commission considers reasonable in satisfaction of the claim for compensation.

31. If the Commission— (a) offers the claimant an amount in satisfaction of the

claim for compensation and the claimant does not within twenty-eight days after the receipt of the offer accept it; or

(b) notifies the claimant that the Commission disputes the claim for compensation—

such claim shall be a disputed claim for compensation.

32. A disputed claim for compensation shall be determined—. (a) by agreement between the Commission and the

claimant; or (b) by a proceeding before a judge on a claim for

compensation by the claimant against the Commission; or

(c) by a proceeding before a judge on the application of the Commission.

Judge for determining disputed claims. No. 5107 s. 34; No. 5133 s. 3 (2).

33. (1) The judge who shall hear and determine any disputed claim for compensation and matters relating thereto under this Act shall be such one of the judges of the county court as is appointed by the chairman of judges of the county court.

1958. Soldier Settlement. No . 6373 897

(2) For the purpose of assisting the judge two assessors shall £"j?»$j sit with him in hearing any disputed claim for compensation but jSdSetn the assessors shall not take part in the determination of the claim. afs mSi

claims.

(3) Of the two assessors to sit with the judge— (a) one shall be selected from a panel appointed by the

Governor in Council of not less than five persons being sworn valuators under the Transfer of Land Act 1958 with experience in the valuation of rural properties; and

(b) one shall be selected from a panel appointed by the Governor in Council of not less than five persons with qualifications and practical experience in accountancy.

(4) Subject to this section the two assessors to sit with the judge shall be such persons as are selected from the panels by agreement between the Commission and the claimant and, in default of agreement within ten days after the judge is appointed to hear the disputed claim, the two assessors shall be appointed by the judge.

(5) The assessors shall be paid such sitting fees as are prescribed.

34. If within twenty-eight days after a claim has become a disputed claim for compensation—

(a) it has not been determined by agreement between the Commission and the claimant; or

(b) no proceeding has been instituted before a judge by the claimant against the Commission to determine the claim—

the Commission may apply to the judge to determine the amount of compensation payable.

35. (1) When the judge considers that the claimant has in Determination the circumstances had sufficient time for the preparation of his mn^suion case the judge shall after such notice to such persons as he directs by iudse-hear the claim or application (as the case may be) and determine NolMM&i?' the amount of compensation.

(2 ) In the determination of compensation the value of the land acquired or to be acquired shall be taken to be such amount as a bona fide purchaser who proposed to use the land for the same purpose as that for which it was being used at the date of publication of the preliminary notice of compulsory acquisition might reasonably have been expected to offer for the land at that date.

Determination of compensation upon application by Commission. No. 5107 B. 35.

Method of valuation of land comnnlsorfly acquired.

VOL. VII.—29

1958. Soldier Settlement. No. 6373

SKSto'be" (3) The determination of the judge shall be final and final. conclusive and without appeal and subject to this Act shall be

binding on the Commission and the claimant.

Rules of practice Ac. and enforcement of determination of judge. No. 5107 s. 37.

36. (1) The judge may make such rules of practice and procedure as he thinks fit for the hearing and determining of claims for disputed compensation.

(2) The judge may summon witnesses to the hearing, take evidence on oath, and require the production of books documents and things relating to the dispute.

(3) The judge may make such determination as to costs as he thinks proper.

(4) Every determination of the judge may be made a rule of trie Supreme Court and shall be enforced accordingly.

Final notice of acquisition or notice of discontinuance. No. 5107 s. 38; No. 5438 B. (2) (1) 00.

37. (1) At any time between the date of publication of the preliminary notice and the expiration of a period of one month after the amount of the compensation has been finally determined by the judge the Commission may cause to be published in the Government Gazette in respect of the whole or any part of the land described in the preliminary notice a final notice of compulsory acquisition or a notice of discontinuance of the compulsory acquisition, and where either such notice is so published the Commission shall cause a copy thereof to be served on the owner of the land in question and on every other person who so far as can be ascertained has any estate or interest therein.

(2) If in respect of the whole or any part of the land described in the preliminary notice the Commission publishes a notice of discontinuance of the acquisition as aforesaid or has not before the expiration of the said period of one month published a final notice of compulsory acquisition as aforesaid, then in respect of that whole or part (as the case may be) the acquisition shall be discontinued and the preliminary notice of compulsory acquisition and all proceedings thereon or on any claim arising therefrom or otherwise relating to the compulsory acquisition shall be treated as a nullity.

(3) The claimant shall be entitled to payment of all proper costs and expenses incurred up to the date of the discontinuance and the amount thereof shall when necessary be fixed and determined by the judge, and in fixing and determining such costs the judge may take into consideration and discharge or vary any previous determination as to costs.


38. (1) At any time after the publication of a final notice of g*™^,10

compulsory acquisition as aforesaid the Commission may demand possesion the delivery of possession of the land from the owner or occupier compuisoriiy within such period (not being less than fourteen days) as is NTSHTCS 39-specified in the demand. ^ 'nwe)

(2) In specifying a time for the delivery of possession of the land the Commission shall allow such time as is reasonably necessary for the owner or occupier of the land to complete the harvest of any growing crop or shall pay fair compensation therefor.

(3) If the owner or occupier fails or refuses to deliver possession of the land within the time so specified the Attorney-General may grant a warrant in the prescribed form authorizing the Sheriff to deliver the possession of the land.

PART V.—SUBDIVISION AND IMPROVEMENT OF LAND, &C.

Subdivision and Appropriation of Land.

39. (1) The Commission may, subject to this Act and the survey and Agreement, survey any area of land acquired or set apart pursuant onand. on

to this Act and, where necessary, subdivide the area into allotments No-5l79 s-s-of such size and nature, having regard to the primary production purposes for which the land in the opinion of the Commission is most suitable, as appear necessary to enable settlers thereon to operate efficiently and to earn a reasonable labour income.

(2) In subdividing any estate any part or parts thereof may Appropnaaon be appropriated for roads or channels or other works of water roads and supply or of drainage, or for sites for apiaries, or for any public Sthercand

purpose, or for any other purpose which the Commission deems PurP°ses&c-advantageous to soldier settlement.

Roads. 40. (1) Where any road (whether used or unused and S S f ^

whether formed or unformed) forms part of or intersects any "olds, estate and the Commission, after consultation with the council or No-5t79s-6-councils of the municipality or municipalities concerned, certifies that the said road is unsuited to the proper subdivision of the estate, then the Governor in Council may by proclamation published in the Government Gazette declare the said road closed, and thereupon the land forming the said road shall (if not already Crown land) become and be unalienated Crown land and shall be deemed to form part of the land contiguous thereto and to have been acquired or set apart (as the case may be) pursuant to this Act.

(2) Without limiting or affecting the Commission's powers Provision for of acquisition of land for soldier settlement and of appropriation exchange of of land so acquired, the Commission may— oTi^royt0

(a) purchase'by agreement any land from any person; tidier lands.


(b) exchange any land so purchased for any other land; or

(c) agree with any person to arrange for a Crown grant to such person of any land acquired or set apart pursuant to this Act by way of exchange for any land so purchased—

for the purpose of enabling a new road or a portion of a road or a deviation from an existing road to be set out or constructed or of facilitating or improving access to any land acquired or set apart pursuant to this Act and upon any such exchange the Commission may pay or receive any money for equality of exchange.

(3) Any land so purchased or acquired by exchange and which is to become part of a road shall be surrendered to and vested in Her Majesty as unalienated land of the Crown.

Disposal of Surplus Land, &c.

41. The Commission with the consent of the Governor in Council may relinquish for any public purpose any land acquired pursuant to this Act upon the payment by the Crown into the State Loans Repayment Fund, in reduction of the Commission's loan liability under this Act of the value of the land so relinquished or upon the setting aside, for the purposes of and pursuant to this Act, of Crown land of equal value to the land so relinquished, and thereupon the land so relinquished shall be and be deemed to be unalienated Crown land not subject to this Act.

42. (1) When the Commission certifies that any land or any part of any land acquired or set apart pursuant to this Act is not suitable or is not required for settlement under this Act, the Governor in Council may notwithstanding anything in the Land Act 1958 sell the said land or part to any person on such terms and subject to such reservations exceptions conditions and limitations as the Governor in Council thinks fit.

(2) When the Commission certifies that the purposes for which any land in any estate has been appropriated pursuant to this Act will best be served by the sale of the said land, the Governor in Council may notwithstanding anything in the Land Act 1958 sell the said land to any person on such terms and subject to such reservations exceptions conditions and limitations as the Governor in Council thinks fit.

(3) When the Commission certifies that as the consideration or part of the consideration for the acquisition of any land pursuant to this Act (including the purchase of any land pursuant to this Part) the Commission has agreed to arrange for a grant

Relinquishment of acquired lands for public purposes and exchange of acquired lands. No. 5179 a. 7.

Power to Governor in Council to sell lands not required for settlement. No. 5179 s. 8.

Power to Governor in Council to sell lands appropriated for special purposes.

Power to Governor In Council to grant land In fee-simple to effect exchange.


in fee simple, by way of exchange, of any land acquired or set apart pursuant to this Act, then notwithstanding anything to the contrary in the Land Act 1958 the Governor in Council may, in order to give effect to that agreement, grant such land in fee simple to any person subject to such reservations exceptions conditions and limitations as the Governor in Council thinks fit, and in any such such case the Commission may pay or receive any money for equality of exchange.

Leasing of Land pending Settlement, &c.

43. (1) The Commission may upon such terms and conditions ft^^,,,,, as the Commission thinks fit let to any person or grant a lease to let or lease or licence to any person in respect of— seTtilS1"18

, , • , , . . or sale &c.

(a) any land acquired or set apart pursuant to this Act No.5i79s.». pending the settlement thereof pursuant to this Act;

(b) any land appropriated for any purpose pursuant to this Act where such letting lease or licence is necessary or expedient to give effect to the purpose of the appropriation;

(c) any allotment of land previously settled pursuant to this Act but for the time being not occupied by any settler; or

(d) any land capable of being sold pursuant to this Act but not yet sold.

(2) When it is deemed advisable so to do the Commission carryingon may, pending the settlement thereof, carry on any existing tenancies tenancies Ac or share farming agreements on any land acquired or set apart pursuant to this Act or work the land to the best advantage.

Improvement of Land, &c.

44. The Commission may, having regard to the primary Power to production purposes for which the land is most suitable, clear S°ml?rosvi

0>n

drain grade prepare for irrigation or water supply sow plant fence ro"dslceaMd erect dwelling-houses and other buildings and structures on and ^{J^3

otherwise improve the allotments intended for settlement and may purposes, construct roads channels and other works connected with the No-5179s-ia

subdivision of any estate as hereinbefore provided, and may purchase all such building fencing and other materials and things and all such manure seeds plants trees and other things of whatever kind as are necessary for any of those purposes.

45. (1) The Commission may contract or arrange with any Power to person or body of persons corporate or unincorporate for the pt?forSa?ce carrying out by such person or body for and on behalf of the °two**te-

Commission of all or any of the foregoing acts or things and of any other acts or things which the Commission is authorized to do or perform.

9G2 1958. Soldier Settlement. No. 6373

Power to certain public statutory corporations to carry out works for Commission.

Power to maintain improvements &c. No. 5179 s. 12.

(2 ) The Housing Commission, the Country Roads Board, the State Rivers and Water Supply Commission, any municipality, and any other public statutory corporation shall notwithstanding anything in any Act be entitled to carry out, upon such terms and conditions as are agreed to by such corporation and the Commission, all or any of the acts or things which the Commission is authorized to do or perform.

46 . The Commission may maintain in good order and condition any land acquired or set apart pursuant to this Act and any improvements thereon and may further improve any allotment—

(a) before the settlement thereof pursuant to this Act; (b) at any subsequent time at which the allotment is not

occupied by any settler; and (c) in any case where a settler has gone into occupation

of the allotment on condition that the allotment or some part thereof is to be maintained or further improved by the Commission.

Ascertainment of gross value of allotments. No. 5179 s. 13; No. 5370 s. 6, No. 5768 s. 53, No. 5896 s. 2. No. 6015 s. 3. Expenditure &c. included in valuation.

Valuation.

47. (1 ) The Commission shall cause to be made a valuation of every allotment made or to be made available for settlement.

(2 ) The value of each allotment as determined by such valuation shall comprise—

(a) (i) the cost of acquisition of the allotment or (where the allotment forms part of an estate) a proper part of the cost of acquisition of the estate; or

(ii) (where the allotment or estate consists of Crown land set apart) the amount of the value of the allotment or (as the case may be) a proper part of the amount of the value of the estate, as determined pursuant to the Agreement;

(b) the amount expended or estimated by the Commission to be necessary to be expended in the carrying out on and in relation to the allotment of the acts oi things hereinbefore referred to and in maintenance and insurance by the Commission pending settlement;

(c) in the case of an allotment forming part of an estate—a proper part of the cost of survey and subdivision of the estate and of the value of any land in the estate which is appropriated for any purpose pursuant to this Act where the land so appropriated will not be sold or let or leased at a full economic rental;


(d) in the case of an allotment forming part of an estate—a proper part of the amount expended or estimated by the Commission to be necessary to be expended in or for the construction of roads channels and other works in or in connexion with the estate; and

(e) an amount equivalent to the amounts of interest payable up to the time of settlement in respect of loan moneys and moneys advanced by the Commonwealth of Australia which are expended in payment of the costs and amounts referred to in the foregoing paragraphs of this sub-section, less any amounts derived from the letting leasing or licensing of the allotment pending settlement or from the agistment or depasturing of stock thereon pending settlement.

(3) The value so determined shall for the purposes of this Act be called the " gross value " of the allotment and may be increased from time to time as further monies are expended in developing and improving the allotment and shall be taken to represent the total cost involved in acquiring developing and improving the allotment.

(4) Where the gross value of the allotment is increased as aforesaid such increase may, notwithstanding anything in paragraph (e) of sub-section (2) of this section, take into account interest accrued on moneys expended at any time before the date of the increase.

(5) In lieu of causing a valuation to be made in respect of each allotment separately, the Commission may if it thinks fit cause such a valuation to be made in respect of any convenient group of allotments, and in such case the provisions of this Act with respect to the gross value of any allotment shall with such adaptations and modifications as are necessary apply with respect to the gross value of any such group of allotments.

" Gross value."

Power to Commission to make gross valuations of groups of allotments instead of separate allotments.

PART VI.—SETTLEMENT OF LAND (a).

DIVISION 1. PRELIMINARY.

48. Any discharged soldier may in the prescribed manner Application and form apply to the Commission for classification for settlement classification

pursuant to this Part. £%ZZ

49. The Commission shall cause an investigation to be made ^^sa.1"™ • - 1 . 1 - * . i *• i i » i t i i or suitability

into the suitability for settlement of every such applicant and shall applicants cause to be kept a record of all such applicants who are deemed classification,

suitable for settlement showing the class or classes of primary No.si79s. 15. production in which each is deemed competent and such further particulars as the Commission thinks proper.

(a) See Part ID. of the Land Settlement Act 1958 as to the establishment of townships in connexion with soldier settlement.


Notification of allotments for settlement and applications tlierefor. No. 5179 s. t6.

50. (1) Whenever any allotment or group of allotments becomes or is about to become available for settlement the Commission shall cause notification thereof, including a statement of the class or classes of applicants required, to be published in the Government Gazette, and in such other manner as the Commission determines.

(2) Any discharged soldier who has been classified as suitable in the required class or classes or whose application for classification is pending at the time of the said publication may apply for settlement on any such allotment or allotments indicating, where he applies in respect of several allotments, his order of preference therefor.

Allocation of allotments. No. 5179 s. 17; No. 5370 8.7(1). No. 5438 8.4(1), No. 5571 8.5(1). No. 5768 s. 54.

Power to grant temporary lease of allotment pending grant of interim lease.

Power to Commission to rescind allocation of allotments.

51. (1) The Commission shall allocate the allotment or allotments for settlement among those applicants who at the time of such allocation have been classified (whether before or after the said publication) as suitable in the required class or classes, and shall allot a specific allotment to each successful applicant, having regard to their relative experience as primary producers and to such other factors as the Commission thinks relevant.

(2) Pending the grant of an interim lease as hereinafter provided the Commission may grant to a discharged soldier to whom an allotment has been allotted pursuant to the last preceding sub-section, and may from time to time renew, a lease of that allotment pursuant to section forty-three of this Act.

(3) The Commission may rescind the allocation of any allotment pursuant to this section if the Commission is satisfied that the applicant to whom it was allotted—

(a) has given any false evidence or made any false statement in connexion with his application;

(b) refuses without sufficient excuse to carry out any undertaking he has given to the Commission in writing to assist with the development improvement or maintenance of the estate of which the allotment forms a part;

(c) has incurred liabilities which in the opinion of the Commission he will not have a reasonable prospect of meeting;

(d) has contravened or failed to comply with the covenants and conditions of any temporary lease granted to him pending the granting to him of an interim lease of the allotment; or

(e) has been convicted of any offence against this Act: Provided that before rescinding any allocation pursuant to this

sub-section the Commission shall give to the person concerned a reasonable opportunity to appear before the Commission and to show cause why such allocation should not be rescinded.


(4) Where the Commission is empowered to rescind the £°wer.'o allocation of any allotment pursuant to the last preceding to cancel sub-section the Commission may also cancel any lease of that certain cases. allotment notwithstanding anything to the contrary contained therein.

(5) Where the Commission rescinds the allocation of any Payment to allotment pursuant to this section the Commission may in its settfer o i discretion pay to the outgoing settler or to such person as in its SfoSnof opinion is entitled thereto the valuation of improvements, as allotment-determined by the Commission, effected by the settler at his own expense.

52. (1) Before granting any lease of any allotment pursuant Settlement

to this Part (other than a temporary lease) the Commission shall allotment, No. 517 No. 537 s. 8 (1)

cause a valuation of the allotment to be made. K°-£!K'-,8:

NO. 5370

(2) In making that valuation regard shall be had to the need for the proceeds of the allotment (based on conservative estimates over a long-term period of prices and yields for products) being sufficient to provide a reasonable living for the settler after meeting such financial commitments as would be incurred by a settler possessing no capital.

(3) The value of any allotment as determined by any such valuation shall for the purposes of this Part be called the " settlement value " of the allotment and such settlement value may be increased, having regard to the same considerations, from time to time during the term of the settlement interim lease as further monies are expended by the Commission in developing and improving the allotment.

(4) The settlement value of any allotment as from time to time increased as aforesaid shall be the capital value upon which the duties and liabilities of the settler shall be assessed during the term of the settlement interim lease.

(5) The settlement value of any allotment shall not at any time exceed the gross value of that allotment.

53. (1) The Commission shall calculate the amount by which Accounting

the gross value of an allotment exceeds the settlement value g?oses"aiueof

thereof . settlement value.

(2) If the amount of such excess is not less than the amount ?JS' 5768 ?" sl:

of interest included in the gross value pursuant to paragraph (e) N|:Sy5S" of sub-section (2) of section forty-seven of this Act the Commission s' shall be relieved of liability to the Consolidated Revenue for such interest and the capital loan liability represented by the remainder of such excess shall be transferred to and borne by the State and the loan liability of the Commission shall be reduced accordingly.


(3) If the amount of such excess is less than the amount of such interest the Commission shall be relieved of liability to the Consolidated Revenue for such interest up to the amount of such excess and the repayments under the purchase lease shall be applied by the Commission firstly in payment of the remainder of such interest into the Consolidated Revenue and thereafter in reduction of the loan liability of the Commission.

54. Any money received from the Commonwealth of Australia in respect of any allotment as a capital contribution to the amount by which the gross value of such allotment exceeds the settlement value thereof shall be paid—

(a) to the extent to which the Commission is by the last preceding section relieved of liability for interest in respect of such allotment, into the Consolidated Revenue;

(b) as to the balance, into the State Loans Repayment Fund.

55. The Commission shall cause to be kept complete accounts of the gross value and of the settlement value and any revision thereof in respect of every allotment and of the amount of loan liability transferred to the State and of the amount received from the Commonwealth of Australia in respect thereof.

DIVISION 2 . SETTLEMENT INTERIM LEASES.

56. (1) Every discharged soldier to whom an allotment is allotted pursuant to this Act shall if the allocation of the allotment has not been rescinded pursuant to this Act be granted a settlement interim lease (hereinafter called an " interim lease") of that allotment.

(2) If a discharged soldier to whom an allotment has been allotted pursuant to this Part and who has gone into possession thereof under a lease granted pursuant to section forty-three of this Act dies before the grant of the interim lease, then the interim lease may be granted in the name of the deceased and be executed by his executor or administrator and, subject to this Act, shall devolve or pass in like manner as if the interim lease had been executed prior to his death, and his estate shall be answerable for the due performance of the terms covenants and conditions contained or implied in the interim lease as fully and effectually as if he had executed the lease personally.

57. Every interim lease shall be granted by the Commission for such term, being not more than seven years, as the Commission determines, and the Commission may in its discretion from time to time renew any interim lease for a further term of not more than one year at any one such renewal but so that the aggregate term of any interim lease, including all such renewals thereof, shall not in any case exceed seven years.

Application of capital contributions of Commonwealth. No. 5179 s. 20; No. 5768 s. 55, No. 6015 s.4(l).

Accounts of cross and settlement values and of amounts written off &c. No. 5179 s. 21.

Grant of settlement interim lease. No. 5179 s. 22; No. 5370 s.7(2), No. 5438 s.4(2).

Provision in case of ileueiused wilier.

Term of interim lease. No. 5179 s. 23.


58. (1) Every interim lease shall be in the prescribed form Form, terms and shall contain the prescribed terms covenants and conditions conditions of

and such further terms covenants and conditions (if any) not and amount

inconsistent with those prescribed as the Commission determines ^"fjl, 24 in any particular case and shall provide for the payment by the settler after the end of the assistance period referred to in the Agreement of an annual rent equal to Two pounds per centum of the settlement value of the allotment by equal quarterly half-yearly or yearly instalments as the Commission determines.

(2) If the Commission is of opinion that a settler is not or Provision for will not be able to pay a rent as aforesaid in any year, the current rental

Commission may reduce the amount of the rent to be paid in that postponement year to such amount as the Commission thinks proper having ofbaU,nce-regard to the state of productivity of the allotment, and may postpone payment of the balance of the amount of the rent for a period of twelve months or such extension thereof as the Commission from time to time determines.

(3) At the time of the grant of an interim lease the certificate as Commission shall furnish the settler with a certificate in the of allotment

prescribed form setting out a general description of the allotment semSrlent. comprised in the lease and a detailed statement of the improvements effected on or to the allotment before the settler goes into possession (including improvements effected before the acquisition of the land by the Commission) so far as those improvements are in existence and affect the value of the land at that time.

59. (1) Any settler under interim lease may at any time, if all Advance rent due and payable under the lease has been paid and all seu!efsnunder amounts due and owing whether as principal repayments or as N ^ " ^ ^ -interest in respect of any advances made by the Commission to NO! »7i ' the settler have also been paid, pay to the Commission any NO. 576» amount for payment into an account to be kept in the books of s 5 7 ( 1 )-the Commission and called the " Settlers' Interim Credit Account ".

(2) All amounts so paid shall be placed to the credit of the settler in the said account, and the amount standing to the credit of any settler in the said account shall be credited from time to to time as prescribed with interest at the credit account rate in force for the time being under section one hundred and nineteen of this Act.

(3) The amount standing to the credit of any settler in the Application

said account, less any amounts owing by the settler to the at credit"!? Commission for rent or for principal repayments or interest in ^"[^crecm respect of advances or otherwise, shall— Account.-

(a) in the event of the expiration of the lease without renewal or without the grant of a settlement purchase lease in substitution therefor or in the event of the surrender or forfeiture of the interim lease, be returned to the settler; or


Soldier on temporary lease deemed settler for purposes of '• Settlers' Interim Credit Account."

Payments by settlers in addition to rent due and payable.

(b) on the grant of a settlement purchase lease be paid to the credit of the settler in the Settlers' Purchase Credit Account or otherwise applied in reduction of his capital liability under the settlement purchase lease.

(4) For the purposes of this section a discharged soldier to whom an allotment has been allotted pursuant to this Part and who is in occupation of that allotment under a lease granted under section forty-three of this Act pending the grant of an interim lease thereof shall be regarded as a settler under interim lease.

(5) Notwithstanding anything in the foregoing any payment by the settler to the Commission resulting from the sale or disposal of any capital asset of the allotment may if the Commission so determines be applied in direct repayment of the capital liability of the settler.

Interim leases not to be transferable &c. No. 5179 s. 26; No. 5370 s. 9.

Power to settler to enter into share farming agreement with Commission's consent.

Provision for grant of settlement

fmrchase ease.

No. 5179 s. 27; No. 5370 s. :0.

Right or settler under interim lease to grant of purchase lease.

Purchase lease not to be granted in certain cases.

60. An interim lease granted to any settler shall not be transferred or assigned to any other person nor shall the settler's interest thereunder be mortgaged or pledged or disposed of in any way whatever, nor shall the land comprised therein be sub-let, but a settler may with the consent of the Commission first obtained enter into a share-farming agreement in a form approved by the Commission with respect to a portion of the land comprised in the lease.

DIVISION 3.—SETTLEMENT PURCHASE LEASES.

61. (1) At any time after the end of the assistance period referred to in the Agreement and during the currency of or at the expiration of the term of an interim lease of any allotment (including any renewal thereof as hereinbefore provided), a settlement purchase lease of the allotment (hereinafter called a "purchase lease") may subject to sub-section (3) of this section be granted to a settler as hereinafter provided in substitution for the interim lease.

(2) Every settler under an interim lease of any allotment shall, subject to sub-section (3) of this section and to compliance with all the terms covenants and conditions of the interim lease, be entitled at some time during the currency of or at the expiration of the term of the interim lease (including any renewal thereof as aforesaid) to be granted a purchase lease of the allotment in substitution therefor.

(3) A purchase lease shall not be granted to any settler unless the structural improvements on the allotment and the degree of general development of the allotment are such as in the opinion of the Commission would enable a settler of average efficiency to carry on farming operations with a reasonable prospect of success.


62. (1) Before the grant of a purchase lease of any allotment Revision of the Commission may if it thinks fit revise the settlement value of value &c. the allotment having regard again to the considerations referred JJo. sra s. 28; to in sub-section (2) of section fifty-two of this Act and may h'&l'. otherwise reduce the liability of the settler to the Commission in relation to the allotment.

(2) In the revised settlement value there may be included the Power to amount of the capital liability owing at the time of the revision uSSiftyfo? by the settler in respect of advances made to the settler during !mnpdrove1inents the period of the interim lease and which in the opinion of the *c-Commission are properly chargeable to the development and permanent improvement of the allotment (less any amount by which the liability of the settler for those advances is reduced pursuant to this Act and the Agreement) and the amount of the balance of rent payments postponed as aforesaid, but the revised settlement value shall not exceed the sum of the settlement value and (where included in the revised settlement value) the said capital liability for advances and the amount of the postponed rent balances. If a settler has effected improvements with his own money and labour the revised settlement value shall not be greater than if those improvements had not been effected.

(3) The capital liability of the settler in respect of the Determination allotment at the beginning of the purchase lease shall be— SaSfftylrom

settlement (a) the settlement value of the allotment; or nl"xar

settlement (b) (where the settlement value of the allotment has been value-

revised) the revised settlement value of the allotment—

less any amounts by which the said capital liability may be reduced by the application of any amount standing to the credit of the settler in the Settlers' Interim Credit Account or by the operation of sub-section (3) of section sixty-five of this Act.

63. (1) The Commission shall be relieved of liability to the Transfer to

Consolidated Revenue for any postponed rent balances included Hawmyloan

in the difference between— S'snS2* No! 5768 s! 56.'

(a) the settlement value and (where included in the revised settlement value) the capital liability of the settler in respect of advances and the amount of the postponed rent balances as aforesaid; and

(b) the revised settlement value— and the capital loan liability represented by such amount of difference shall be transferred to and borne by or credited to the State and the loan liability of the Commission shall be reduced accordingly.


Application of Commonwealth contribution.

(2) Any amount received from the Commonwealth of Australia as a capital contribution in respect of the revision of the settlement value shall be paid—

(a) to the extent to which such amount represents postponed rent balances, into the Consolidated Revenue;

(b) as to the balance, into the State Loans Repayment Fund.

Graat of settlement purchase lease. No. 5179 s. 30.

Provision for payments ot rental purchase by instalments.

Amount ot instalments.

Instalments to include principal and interest.

64. (1) Every purchase lease shall be granted by the Governor in Council and shall be in the prescribed form and shall contain such terms covenants and conditions as are prescribed by this Act and such further terms and conditions not inconsistent therewith as are prescribed by the regulations.

(2) Every purchase lease shall provide for the payment by the settler on days determined by the Commission of—

(a) one hundred and ten half-yearly instalments of rental purchase; or

(b) where the Commission so determines, fifty-five yearly or two hundred and twenty quarterly instalments of rental purchase.

(3) Each such quarterly half-yearly or yearly instalment, except the last instalment in each case, shall be of an equal amount, namely:—

(a) In the case of a yearly instalment— Three pounds per centum of the capital liability

of the settler in respect of the allotment at the beginning of the purchase lease;

(b) In the case of a half yearly instalment— One pound ten shillings per centum of the said

liability; and (c) In the case of a quarterly instalment—

Fifteen shillings per centum of the said liability—

and the last instalment in each case shall consist of the then remaining balance of the said liability together with interest on that balance at the rate of Two pounds per centum per annum.

(4) Each instalment of rental purchase shall consist of interest at the rate of Two pounds per centum per annum on the capital liability from time to time outstanding together with a sum in reduction of the capital liability.

Daleo{ 65. (1) Every purchase lease shall be deemed to take effect oafkiena8seeffect as on and from the date expressed in the lease in that behalf, NO. 5i79s. 31. notwithstanding that the lease is not executed until a later date.


(2) In the event of the death of a settler before the execution Prowsi<mta of the purchase lease the said lease may be granted in the name ofset°tierea

of the deceased settler and be executed by his executor O r of purchase

administrator and, subject to this Act, shall devolve or pass in lease-

like manner as if the lease had been executed prior to the death of the settler, and the estate of the deceased settler shall be answerable for the due performance of the terms covenants and conditions contained or implied in the lease as fully and effectually as if the settler had executed the lease personally.

(3) Where it is found that the aggregate rent which a settler Reduction of

has paid during the period of the interim lease exceeds the f&b'uty ta aggregate amount which he would have been required to pay as 'main"^. rental purchase if he had during that period been the holder of a purchase lease based on the revised settlement value of the allotment, then the capital liability of the settler at the beginning of the purchase lease may be reduced by the amount of the excess.

66. (1) During the period of six years immediately after the date from which a purchase lease takes effect the purchase lease shall not be transferred or assigned to any person, nor shall the settler's interest thereunder be mortgaged to any person other than the Commission or otherwise pledged or disposed of in any way whatever, nor shall the land comprised therein be sub-let or be the subject of any share-farming agreement:

Provided that the said period of six years shall, where the Commission so determines, be deemed to be reduced by such period, not in any case exceeding three years, as the Commission thinks fit, if immediately before the grant of the purchase lease the settler had been in continuous occupation of the allotment under interim lease for a period of at least the same duration as the proposed reduction:

Provided further that where the settler dies or becomes bankrupt or where the Commission is satisfied that because of ill-health or other disability the settler is unable to carry on his farming operations efficiently, then the purchase lease may with the consent of the Commission be transferred during the said period—

(a) to any discharged soldier whom the Commission deems suitable for such consideration as the Commission considers fair and reasonable but not in any case exceeding the difference between—

(i) the settlement value or (where the settlement value has been revised) the revised settlement value of the allotment, together with the value of any permanent improvements effected to or on the allotment since the beginning of the purchase lease; and

No transfer &c. of purchase lease within first six years except in ceilain ca&cs. No. 5179 s. 32; No. 5900 s. 3.

Reduction of six year period in certain cases.

Provision for transfer during six year period in certain circumstances.


Circumstances in which estate or interest in purchase lease may be alienated during first six years.

Transferee to succeed to rights and liabilities under lease and for advances.

Provision for transfer of purchase lease after first six years. No. 5179 % 33.

Conditions of transfer tu person other than widow widower or child of deceased settler or suitable discharged soldier.

(ii) the outstanding capital liability of the settler under the purchase lease and in respect of advances made to him to enable him to effect permanent improvements to or on the allotment; or

(b) (in the case only where the settler is dead) to the widow or widower or to any child of the settler:

Provided further that in any circumstances in which a Government or public authority is empowered to acquire (by agreement or compulsorily) any land such authority may with the consent of the Commission so acquire any part of the land comprised in any purchase lease or any easement or other estate or interest thereover or therein notwithstanding that the said period of six years or any reduction thereof has not expired.

(2) When any transfer is executed pursuant to this section the transferee shall succeed to all the rights obligations and liabilities of the transferor both under the purchase lease and in respect of any advances made to the transferor under this Act so far as such advances have not been repaid.

67. (1) After the expiration of the period of six years or any reduction thereof referred to in the last preceding section a purchase lease may with the consent of the Commission be transferred to any person the Commission deems suitable or the land comprised in any such lease may with the consent of the Commission be sub-let by the settler to any person or be the subject of a share-farming agreement.

(2) Except where the transferee is the widow widower or child of the deceased settler of the allotment or a discharged soldier whom the Commission deems suitable for settlement and who in the opinion of the Commission has not received some other adequate form of rehabilitation, the Commission shall not consent to any such transfer unless—

(a) such amount as the Commission determines, being not less than Ten per centum of the outstanding capital liability of the settler under the lease, is paid to the Commission before or upon the transfer (and in determining such amount the Commission shall have due regard to any amount outstanding in respect of any advances made to the transferor); and

(b) the transferee agrees to the variation of the lease to provide for the payment during the balance of the term of the lease of equal yearly half-yearly or quarterly instalments (as the case requires) of such amount as will provide—

(i) interest at such higher rate as the Commission determines, but not


exceeding the rate of Four pounds five shillings per centum per annum, on the capital liability from time to time outstanding; and

(ii) capital repayments sufficient to liquidate the outstanding capital liability at or before the expiration of fifty-five years from the date from which the purchase lease took effect—

and, where any transferee has so agreed, the Commission may vary the lease accordingly.

(3) Subject to the variation of the lease referred to in the Transferee to last preceding sub-section, where any transfer is executed rights and pursuant to this section the transferee shall succeed to all the wttKnde'r rights obligations and liabilities of the transferor both under JS!J£Seifor

the purchase lease and in respect of any advances made to the transferor so far as such advances have not been repaid.

(4) Any amount paid to the Commission pursuant to ^ucatkm paragraph (a) of sub-section (2) of this section may be applied paid'oS81

in whole or in par t—

(a) to the reduction of the outstanding capital liability under the transferred lease;

(b) to the settlement in whole or in part of the transferor's liability in respect of advances; oi

(c) to the credit of the transferee in the Settlers' Purchase Credit Account.

68 . (1 ) A purchase lease shall not at any time, except with Asto the consent of the Commission, be mortgaged to any person purSKse80

other than the Commission or otherwise pledged in any way. NO^HTOB^

(2) In every mortgage of a purchase lease there shall be implied a covenant with the mortgagee and his transferees by the mortgagor binding the mortgagor and his heirs executors administrators and transferees that he or they will comply with the covenants and conditions of the lease and that any default in the performance or observance of such covenants or conditions shall have the same consequences as if the default were a default made in payment of the principal sum or interest secured by the mortgage.

69 . The following provisions shall apply with respect to the General , , - j . * t , •• provisions as

proposed transfer assignment or mortgage of any purchase lease to transfers or the proposed sub-lease of or making of any share-farming dealings with agreement with respect to the land comprised in any purchase CSSJpf80

lease:— N0.5179s.35. (a ) The settler shall give notice in writing to the

Commission that he desires to make such a transfer assignment mortgage sub-lease or agreement;

http://N0.5179s.35

9U 1958. Soldier Settlement. No. 6373

(b) The Commission shall not in any case consent to any such transfer or mortgage unless all instalments due and payable under the purchase lease have been paid;

(c) Before giving or withholding its consent to any such transfer the Commission—

(i) shall take into consideration the farming qualifications and experience and financial position of the proposed transferee and whether by reason of other land held by him the transfer would tend towards undesirable aggregation of estates; and

(ii) may take into consideration any other factors which the Commission thinks relevant;

(d) The consent of the Commission to any such transfer assignment mortgage sub-lease or agreement shall be signified under the seal of the Commission;

(e) No such transfer or mortgage shall be registered under the Transfer of Land Act 1958 unless the consent of the Commission has been signified as aforesaid;

(/) Where the legal personal representatives of a deceased settler desire to transfer the purchase lease to the widow or widower or any child of the deceased settler the Commission in giving or withholding its consent to the transfer shall not be bound by the provisions of paragraphs (b) and (c) of this section.

Endorsement 70. (1 ) Where any purchase lease is varied as aforesaid the registration Commission shall cause the variation to be endorsed on the ?efasTied lessee's duplicate original lease in such form as is prescribed. No. 5179 s. 36.

(2) When any lessee's duplicate original lease has been so endorsed it shall be transmitted to the Register of Titles and the endorsement shall be recorded on the duplicate original lease registered in the Office of Titles and shall be signed by the Registrar or an Assistant Registrar of Titles.

(3) Every such purchase lease so endorsed shall be read and construed as if the variations endorsed as aforesaid had actually been inserted in the lease and covenanted and agreed to by the transferee.

1958. Soldier Settlement. N o . 6373 915

7 1 . ( 1 ) Any settler under a purchase lease may at any time, Provision for if all instalments due and payable under the lease have been paid under leases and all amounts due and owing whether as principal repayments No^sTretV or as interest in respect of any advances made by the Commission No.5|7i to the settler have also been paid, pay to the Commission any NO. 5768 amount in respect of the outstanding liability under the lease. s '57(2) '

(2) All amounts so paid shall be placed to the credit of " settlers-the settler in an account to be kept in the books of the Commission creditass

and called the " Settlers' Purchase Credit Account." Account"

(3) The amount standing to the credit of any settler in the Settlers' Purchase Credit Account—

(a) shall be credited from time to time as prescribed with interest at the credit account rate in force for the time being under section one hundred and nineteen of this Act; and

(b) shall be applied in such manner as the Commission determines in reduction of the settler's liability under the lease.


72. (1) Where the Commission considers it proper so to do Provision for the Commission may accept on behalf of the Crown the surrender lease and of any purchase lease and the Governor in Council may thereupon tease'.otnew

grant a new purchase lease in lieu thereof. NO. 5179 s. 38.

( 2 ) Where a new purchase lease in so granted—

(a) the new purchase lease may be expressed to take effect from an earlier date so as to cover the whole or any part of the period of the surrendered lease and so as to treat the whole or any part of the rental purchase instalments paid by the settler under the surrendered lease as rental purchase instalments under the new purchase lease; or

(b) the settler may otherwise be given credit under the new purchase lease for rental purchase instalments paid by him under the surrendered lease.

73. At any time after the expiration of the period of six Provision for years or any reduction therof referred to in section sixty-six of this of land fn Act, if the full amount of the liability of a settler to the fe"ehase

Commission under any purchase lease and in respect of advances NO. 5179 s. 39. and otherwise under this Act has been paid and the terms


covenants and conditions of the lease have been complied with, a Crown grant of the land comprised in the purchase lease may be made to the settler subject to such covenants conditions exceptions and reservations as the Governor in Council thinks fit.

74 . When a Crown grant of the land comprised in any purchase lease is made as aforesaid any registered encumbrance in respect of the lease or the land comprised therein shall without further or other authority than this Act be transferred to and applied to the Crown grant and to the land thereby granted in all respects as if the Crown grant had been referred to in the encumbrance and a memorial of the encumbrance shall be endorsed by the Registrar of Titles as an encumbrance on the Crown grant on his registering the Crown grant and a memorandum stating the fact of the transfer shall also be made by the Registrar on the original registered instrument.

DIVISION 4.—GENERAL.

75. (1) Where the Commission is satisfied that a settler is guilty of any offence against this Act (whether or not convicted of such offence) the Commission shall, subject to the following provisions of this section, forfeit any interim lease or purchase lease held by the settler.

(2) Where the Commission is satisfied that a settler has committed any breach of any covenant or condition of any interim lease or purchase lease the Commission may in its discretion, subject to the following provisions of this section, forfeit any interim lease or purchase lease held by the settler.

Notice of (3 ) Before any lease is so forfeited the Commission shall ferfSue'ase. give notice in writing to the settler of its intention to forfeit the

lease unless the settler shows to the satisfaction of the Commission—

(a) in the case of a proposed forfeiture pursuant to sub-section (1) of this section—that he is not guilty of the alleged offence against this Act; and

(b) in the case of a proposed forfeiture pursuant to sub-section (2) of this section—that he has not committed the alleged breach or that there is good cause why the lease should not be forfeited.

(4) If the settler within twenty-eight days after the sending of the notice makes application to the Commission in that behalf he shall be at liberty to appear before the Commission whether by himself or with the assistance of some other person or by some other person on his behalf to show that he is not so guilty or (as the case may be) that he has not committed the alleged breach or that there is good cause why the lease should not be forfeited.

Transfer of registered encumbrances from lease to Crown gram. No. 5179 s. 40.

Direction to Commission to forfeit lease for offence against this Acfa No. 5179 8.41.

Power to Commission to forfeit lease for breach of condition or covenant.

Right of settler to be heard.


(5) If the settler does not within twenty-eight days after the Forfeiture sending of the notice make application as aforesaid, or if he fails settler does to appear at the time and place fixed for his appearance or if on o fafisto* appearing before the Commission the settler fails to show to the commission, satisfaction of the Commission that he is not so guilty or (as the case may be) that he has not committed the alleged breach or that there is good cause why the lease should not be forfeited, then the Commission shall forfeit the lease.

(6) Where any purchase lease is forfeited by the Commission Notification as aforesaid the Commission shall— ° ° eitura'

(a) cause notification of the forfeiture to be published in the Government Gazette; and

(b) forward to the Registrar of Titles a notification of the forfeiture.

(7) Before any such notification is forwarded as aforesaid caiungjnrf the purchase lease and any leasehold certificate of title derived tUle&c-from the purchase lease shall be called in by the Commission and retained by it in every case in which by the exercise of reasonable diligence the Commission is able to obtain possession of the same.

(8) Where any such notification is forwarded as aforesaid Endorsement to the Registrar of Titles the registrar shall endorse upon the Sue?*"11"1

purchase lease or leasehold certificate of title (if any) forwarded therewith a memorandum of the forfeiture of the purchase lease and shall make such entries upon any other documents as are necessary or expedient in consequence of the forfeiture.

76. Where an interim lease expires without renewal or grant Payment to of a purchase lease or where an interim lease or purchase lease SSSSaS is surrendered or forfeited, the Commission may in its discretion cJtIt*siT9Se\ pay to the outgoing settler or to such person or persons as in the °' "'4

opinion of the Commission is or are entitled thereto the difference between the value of the allotment (including the improvements thereon and thereto) as estimated by the Commission and the whole or that part of his liability to the Commission which the Commission considers is properly chargeable against the allotment (including the said improvements).

77. The instalments of rent or rental purchase payable under Instalments of any interim lease or purchase lease shall be deemed to be rent purchase reserved in the lease and may be recovered by or under the renTreser"*. authority of the Commission in like manner as any rent or fine No. 5179 s. 43. is or shall be recoverable by law.

78. (1) For the purposes of the provisions of any Act relating settlers to local government or to public health or to sewerage or o^rfand drainage or to water supply or to dividing fences, every settler «rcta?ners,or

under an interim lease or purchase lease shall be deemed to be !?rp°se!-

the owner and occupier of the land comprised therein. °" 17 s-44*


Advances to pay rates.

(2) Notwithstanding anything to the contrary in this Act the Commission may at any time and from time to time before the grant of a purchase lease of any allotment make an advance or advances to a settler to enable him to discharge his liability for any rates which became payable under any Act relating to local government or to water supply in respect of the allotment during the period of the interim lease, and any such advance shall be regarded as an advance made to enable the settler to effect permanent improvement on or to the allotment and the provisions of this Act shall apply thereto accordingly.

Power to Commission to make advances for purchase of farms Ac No. 5179 s. 45; No. 5370 s. 11.

PART VII.—ADVANCES FOR PURCHASE OF LAND &C.

79. (1) In order to assist any discharged soldier who is classified in the appropriate class as suitable for settlement pursuant to Part VI. of this Act—

(a) to acquire a farm; or

(b) to acquire additional land in order to bring a farm owned by him to a size sufficient to enable it to be operated efficiently and to return a reasonable income; or

(c) to discharge a mortgage or other encumbrance on a farm owned by him; or

{d) to effect permanent improvements on a farm owned by him—

the Commission may make advances either by instalments oi otherwise upon the security of the land comprising the farm, including any such additional land as aforesaid:

Provided that no further advance shall be made to any person under this Part more than five years after the making of the first advance to that person under this Part.

Advances in kind.

(2) In the case of an advance made to assist a discharged soldier to effect permanent improvements on a farm owned by him, the whole or any part of the advance may, if the applicant concurs, be made by way of the supply of building fencing or other materials manure seeds plants or other things of any kind whatever (all of which the Commission may purchase or otherwise acquire for the purpose).

Valuation of advances in kind.

(3) Where any advance is made by way of the supply of property as aforesaid the value of the property so supplied shall be determined by the Commission and the amount of the value so determined shall be deemed to have been advanced at the date of the supply of the property.


(4) The provisions of sub-section (1) of this section shall Power to extend and apply to the making of an advance or advances by money to the Commission with the consent of the Board of Land and soldier to pay Works to any discharged soldier in order to enable him— S?d»«ruin

(a) to discharge his outstanding monetary liability to rown easM' the Crown or to the Board of Land and Works under any conditional purchase lease or selection purchase lease under the Land Act 1958 or any closer settlement lease under the Closer Settlement Act 1938 and in respect of any advance made to him by the Crown or the Board of Land and Works as the holder of any such lease; and

(b) upon such discharge to obtain a Crown grant of the land comprised in any such lease.

(5) Nothing in the Land Act 1958 or in the Closer Settlement Act 1938 or in any such lease as aforesaid shall at any time preclude—

(a) the discharge of the outstanding monetary liability of any discharged soldier to the Crown or to the Board of Land and Works out of an advance made for that purpose by the Commission (whether under this Part or on behalf of the Commonwealth of Australia); or

(b) the obtaining of a Crown grant of the land comprised in the lease upon such discharge.

80. The aggregate amount of all advances so made in respect Maximum of any farm shall not in any case exceed Ninety per centum of advance, the value, as determined by the Commission, of the land NO.517|S.46; comprising the farm including any such additional land as N°'. 5768158. aforesaid, and the whole amount of the advances made to any discharged soldier pursuant to this Part shall not exceed Nine thousand pounds.

81. (1) The repayment of every advance under this Part Repayment to together with all interest and other moneys incidental to such re^SeiS?by

advance or properly chargeable against the borrower in respect mort8a8e-thereof shall be secured where the land is under the Transfer of No-51793-47-Land Act 1958 by an instrument of mortage duly registered under that Act and where the land is under the general law by a deed of mortgage or further charge duly registered in the office of the Registrar-General.

( 2 ) Such instrument or deed shall be expressed to be made Form of between the discharged soldier as registered proprietor or owner mortgage-of the land and the Commission, or between the said discharged soldier as such proprietor or owner and any person who jointly undertakes liability for the repayments of the whole or any part


Mortgage to be first mortgage.

Advances to be made only on satisfactory proof of title.

Provision for securing further advances.

of the amount advanced and the Commission, and shall be in such form and shall contain such terms covenants and conditions as are prescribed by this Act or the regulations and may contain such additional terms covenants and conditions not inconsistent therewith as the Commission in any particular case thinks proper.

(3) No such advance shall be made by the Commission upon the security of any mortgage other than a first mortgage over the whole of the premises comprising the farm including (where applicable) any such additional land as aforesaid:

Provided that where the Commission already holds a first mortgage under this Act over the said premises the Commission may subject to the limits hereinbefore imposed make a further advance upon the security of a further charge upon the said premises.

(4) No advance shall be actually paid to the person applying therefor until the Commission is satisfied with and has accepted the title of the applicant to the premises comprised in the security tendered and has accepted from him by way of security for such advance an instrument or deed of mortgage or further charge as aforesaid.

(5) Any first mortgage as well as providing for the securing and repayment of any sum advanced on such first mortgage may also provide for the securing and repayment of further advances to be made on any of the terms authorized by this Part.

Collateral security. No. 5179 s. 48.

82. In addition to a first mortgage or further charge as aforesaid the Commission may take such other security as the Commission thinks necessary as collateral security for the repayment of any advance together with interest and other moneys incidental to such advance or properly chargeable against the borrower in respect thereof.

Conditions of advance. No. 5179 s. 49.

83. No advance shall be made pursuant to this Part unless the Commission is satisfied—

(c) that the discharged soldier to whom the advance is to be made will reside on or in close proximity to the farm so as to allow of his personally working the farm;

(b) that his farming operations will be carried on efficiently and with a reasonable prospect of success; and

(c) that, having regard to his financial position generally, he will be able to fulfil the provisions of the mortgage as to the repayment of principal and interest.


84. The instrument or deed of mortgage or further charge ^pwnentot (hereinafter called the "mortgage") shall provide for the instalments repayment of the advance by quarterly half-yearly or yearly interest and instalments, as the Commission determines, each of which with ^ s m ' s . so the exception of the last instalment shall be of an equal amount, and each instalment shall consist of interest at the rate of Two pounds per centum per annum on the capital amount from time to time outstanding together with a sum in reduction of the capital liability.

85. The period for the repayment of any advance made under Period tor this Part shall not exceed fifty-five years from the date of the a^a^nand making of the advance: £•»*«! **

Provided that where the Commission deems it expedient in payment omy. order to allow the discharged soldier an opportunity to become NO-SITOOI. established, the mortgage may require only the payment of interest at the rate of Two pounds per centum per annum on the amount of the advance during such period after the making of the advance, not in any case exceeding three years, as the Commission determines; and in any such case the time for the beginning of the payment of instalments of principal and interest shall be postponed until the end of the said period and the period for the repayment of the advance may be correspondingly extended.

86. As between the Commission and the owner for the time Prohibition of being of any land on the security of which the Commission has land subject made any advance under this Part the following conditions shall &S£uss15nt0

have effect so long as the land is subject to any mortgage in favour ^MSX 0I of the Commission, namely:— commission.

(a) The land or any part thereof shall not be sold or $}0-gff* ' contracted to be sold mortgaged transferred conveyed assigned let or leased by the owner nor shall any share-farming agreement with respect to the land or any part thereof be entered into by the owner without the consent in writing of the Commission, nor shall the owner without the consent in writing of the Commission engage in any employment except in connexion with the said land; and

(b) If the owner sells or contracts to sell mortgages transfers conveys assigns lets or sub-lets the land or any part thereof or enters into any share-farming agreement in contravention of the foregoing provisions of this section—

(i) the sale contract of sale mortgage transfer conveyance assignment lease or agreement entered into or made in contravention of the said provisions shall be voidable at the option of the Commission; and


(ii) where the Commission avoids the same, the whole of the principal and interest secured by the mortgage to the Commission shall become immediately payable and the Commission may cause the owner's estate and interest in the land to be sold.

Further (2) (a) Where under the foregoing provisions of this section SSptilnif or by reason of non-compliance with any of the covenants and SSrt8Igeeheas conditions of the mortgage of a discharged soldier to the been avoided. Commission the whole of the principal and interest secured by

the mortgage becomes immediately payable the Commission in its discretion may, in any particular case where it considers that because of difficulties that would confront the discharged soldier in obtaining the necessary finance to repay the Commission he would suffer undue hardship, make to him a further advance of the whole or a part of the principal and interest then owing by him to the Commission under such mortgage.

(b) The repayment of every such further advance together with interest at the credit account rate in force at the time of the approval of such advance under section one hundred and nineteen of this Act and together with all other moneys incidental to such advance or properly chargeable against the borrower in respect thereof shall be repayable over such period as the Commission determines not exceeding twenty years and be secured by a mortgage pursuant to section eighty-one of this Act and, if the Commission thinks fit, by additional collateral security pursuant to section eighty-two of this Act.

Conditions 87 . Except where the proposed transferee is the widow or SSTSanrfer widower or a child of the deceased owner of the land in SJbjmuT1 question the Commission shall not consent to any sale contract SSKton. °f sa^e transfer conveyance or assignment of any land or any NO. 5179 s. 53. part of any land on which the repayment of any advance made

under this Part is secured unless—

(a) all instalments due and payable under the mortgage have been paid;

(b) the capital liability under the mortgage has been or is reduced to such amount as the Commission determines (being not greater than Seventy-five per centum of the value, as determined by the Commission, of the land upon which the repayment of the advance is secured);

(c) the mortgage is varied or in lieu thereof a new mortgage is executed to provide for the payment during the balance of the term of the original


mortgage of yearly half-yearly or quarterly instalments (as the case requires) of such amount as will provide—

(i) interest at such rate as the Commission determines (but not exceeding the rate of Four pounds five shillings per centum per annum) on the capital liability from time to time outstanding; and

(ii) such amounts of capital repayment as will provide for the liquidation of the outstanding capital liability at or before the expiration of the term of the original mortgage; and

(d) the mortgage is varied or (as the case requires) a clause is included in the new mortgage to provide that if the transfer conveyance or assignment of the land is not registered within such time after the grant of consent as the Commission allows the whole of the principal and interest secured by the mortgage to the Commission shall at the option of the Commission become immediately payable and the Commission may cause the interests of the transferee purchaser or assignee to be sold.

88. The following provisions shall apply with respect to any Provisions J I . . l e i «. * c applicable to

proposed sale contract of sale mortgage transfer conveyance transfers &c. assignment or lease of, or any share-farming agreement with subjeato respect to, any land or any part of any land (in this section SSSSK. referred to as a "dealing" with such land) on which the NO.SIWS.54. repayment of any advance made under this Part is secured:—

(a) The owner for the time being of the land or his legal personal representative (as the case requires) shall give notice in writing to the Commission of the proposed dealing;

(6) Before giving or withholding its consent to the dealing the Commission—

(i) shall take into consideration the farming qualifications and experience and financial position of any proposed purchaser transferee assignee or tenant and whether by reason of other land held by him the dealing would tend towards undesirable aggregation of estates; and

(ii) may take into consideration any other factors which the Commission thinks relevant;


As to registration &cof variations to mortgage. No. 5179 s. 55.

Provision for payment of moneys under mortgage before dus date and application thereof. No. 5179 s. 56; No. 5571 s. 6 (3). No. 5768 S. 57 (3).

(c) The consent of the Commission to any such dealing shall be signified under the seal of the Commission;

(d) No such dealing shall be registered in the Office of Titles or in the office of the Registrar-General unless the consent of the Commission has been signified as aforesaid; and

(e) Where the legal personal representative of a deceased owner desires to transfer the land to the widow widower or any child of the deceased owner the Commission in giving or withholding its consent to the transfer shall not be bound by the provisions of paragraph (£>) of this section.

89. (1) Where any mortgage is varied as hereinbefore provided the Commission shall cause the variation to be endorsed on the duplicate original mortgage in such form as is prescribed and shall transmit the duplicate original mortgage to the Registrar of Titles or to the Registrar-General (as the case requires).

(2) Where a duplicate original mortgage is so transmitted to the Registrar of Titles the endorsement shall be recorded on the duplicate original mortgage registered in the Office of Titles and shall be signed by the Registrar or an Assistant Registrar of Titles.

(3) Where a duplicate original mortgage is so transmitted to the Registrar-General a memorial of the variation made in the mortgage shall be recorded in the office of the Registrar-General.

(4) Every mortage so endorsed shall be read and construed as if the variation endorsed thereon as aforesaid had actually been inserted in the mortgage and covenanted and agreed to by the transferee purchaser or assignee of the land.

90. (1) The owner for the time being of any land subject to a mortgage under this Part (hereinafter called the " mortgagor ") may at any time, if all instalments due and payable under the mortgage have been paid and all amounts due and owing whether as principal repayments or as interest in respect of any advances made to him by the Commission pursuant to Part VIII. of this Act have also been paid, pay to the Commission any amount in respect of his outstanding liability under the mortgage.

(2) All amounts so paid shall be placed to the credit of the mortgagor in an account to be kept by the Commission called the "Mortgagors' Credit Account."

(3) The amount standing to the credit of any mortgagor in the said account—

(a) shall be credited from time to time as prescribed with interest at the credit account rate in force for the time being under section one hundred and nineteen of this Act; and


(b) shall be applied in such manner as the Commission determines in reduction of his liability under the mortgage.


9 1 . Where the Commission becomes by foreclosure or Dealing with otherwise the absolute proprietor or owner of any land upon which w£chof

the repayment of any advance made pursuant to this Act was {^SSdb?" secured, the said land may, at the option of the Commission— foreclosure.

J r No. 5179 s. 57.

(a) be sold by the Commission in fee simple upon such terms and conditions as the Commission thinks fit; or

(b) be surrendered to and vested in Her Majesty as unalienated land of the Crown and made available for settlement pursuant to Part VI. of this Act as though it were land acquired for soldier settlement pursuant to this Act.

PART VOL—ADVANCES FOR IMPROVEMENTS, STOCK, IMPLEMENTS, &C.

92. (1) Subject to this Part the Commission may make Power to „,1„„~~.,„ Commission advances to make

(a) to any settler under interim lease or purchase lease f£w£Jefm

rents under this Act—in order to assist the settler to anStoV£t3"re effect permanent improvements on or to his Midie?" allotment; or aS*™1"

(b) to any such settler or to any discharged soldier who No.5i79s.58; is personally carrying on farming operations on a Sfil.3™, farm owned by him and to whom an advance JJg-fjgg'j; £ under Part VH. of this Act has already been made —for working or living expenses or for the acquisition of stock plant or equipment or for any other purpose which in the opinion of the Commission will enable the settler to work his allotment to the best advantage or to market his produce advantageously including permanent improvements which in the opinion of the Commission are necessary better to preserve the Commission's security; or

(c) with the consent of the Board of Land and Works to any discharged soldier who is personally carrying on farming operations on a farm of which he is the holder under a perpetual lease conditional

http://No.5i79s.58


Advances in kind.

Valuation of advances in kind.

Power to certain Crown lessees to mortgage their leases.

Discharged soldiers on temporary leases pending settlement to be regarded as settlers for purposes of advances.

purchase lease or selection purchase lease under the Land Act 1958 or a closer settlement lease under the Closer Settlement Act 1938—in order to assist the discharged soldier to effect permanent improvements on or to his allotment or for working or living expenses or for the acquisition of stock plant or equipment.

(2) The whole or any part of any such advance may, if the applicant concurs, be made by way of the supply of building fencing or other materials manure seeds plants trees or other things of any kind whatever or (as the case may be) of stock plant or equipment (all of which the Commission may purchase or otherwise acquire for the purpose).

(3) When any advance is made by way of the supply of property as aforesaid the value of the property so supplied shall be determined by the Commission, and the amount of the value so determined shall be deemed to have been advanced at the date of the supply of the property.

(4) Notwithstanding anything in the Land Act 1958 or the Closer Settlement Act 1938 or in any perpetual lease conditional purchase lease selection purchase lease or closer settlement lease the lessee under any such lease who is a discharged soldier shall for the purpose of obtaining an advance from the Commission (whether made under this Part or on behalf of the Commonwealth of Australia) have full and complete authority and liberty with the consent of the Board of Land and Works to mortgage his lease if a mortgage thereof is required by the Commission as a security for the advance.

(5) For the purposes of this Part a discharged soldier to whom an allotment has been allotted pursuant to Part VI. of this Act and who is in occupation of that allotment under a lease granted under section forty-three of this Act pending the grant of an interim lease thereof shall be regarded as a settler under interim lease.

Period and manner of repayment of advances. No. 5179 s. 59.

Repayment of advances for seasonal requirements.

93. The repayment of any advance made pursuant to this Part shall be made over such period and in such manner as is determined by the Commission in any particular case:

Provided that— (a) where the advance is made for the purchase of seed

or manure or for other seasonable requirements of the borrower, the term for the repayment of the advance shall not in the first instance exceed twelve months but the Commission may for special reasons from time to time grant an extension of time for such repayment; and


(b) where the advance is made to assist a settler under Repayment interim lease to effect permanent improvements on advances on or to his allotment, the borrower shall during permanent the currency of the interim lease be required to pay }mSermeDts

interest only at the rate of Two pounds per centum JJ^f ""erim

per annum on the capital amount of the advance, and upon the expiration surrender or forfeiture of the interim lease without the grant of a purchase lease the said capital amount shall become immediately payable, but if the settler is granted a purchase lease of the allotment the said capital amount, if not included in the revised settlement value of the allotment, shall be payable in such manner as the Commission determines together with interest at the rate of Two pounds per centum per annum on the capital amount from time to time outstanding.

94. (1) In the case of any advance made to a settler under interest on interim lease for any purpose other than the effecting of permanent advances to improvement on or to his allotment, the terms of repayment shall fSSiSklle' provide for interest at the rate of Two pounds per centum per NO. 5179 S. 66. annum on the capital liability from time to time outstanding in addition to the repayment of the capital liability.

( 2 ) In the case of any other advance under this Par t the terms Interest on of repayment shall provide for the payment of interest at the rate advances. of Three pounds ten shillings per centum per annum on the capital liability.from time to time outstanding in addition to the repayment of the capital liability.

95. In order to secure the repayment of any advance made Securities for under this Part and the payment of interest thereon the settler advances. or other discharged soldier to whom the advance is made shall NO. 51793.61. subject to the following provisions of this Part give to the Commission such security or securities for the repayment of the advance and the payment of interest as the Commission requires.

96. In the case of an advance made to a settler under Security to be purchase lease to assist him to effect permanent improvements on mortgage of or to his allotment the advance shall and in the case of any rtaufcases. other advance made to such a settler the advance may be secured NO. 5179 s. 62. by an instrument of first mortgage of the lease duly registered under the Transfer of Land Act 1958.

97. (1) Where the purchase lease is already subject to any consent of mortgage or other encumbrance the Commission, before making mortgagee to any advance for the purpose of assisting the settler to effect obtained permanent improvements on or to his allotment, shall require the NO. 5179 s. 63. settler to obtain from the mortgagee or other encumbrancer and to furnish to the Commission a consent in writing in the prescribed form by the mortgagee or other encumbrancer—

(a) to the making of the advance; and


(b) to the instrument of mortgage executed pursuant to this Part taking priority as hereinafter provided over such mortgage or other encumbrance as aforesaid—

and notwithstanding anything in the Trustee Act 1958 or any other Act or law any trustee or any other mortgagee or encumbrancer as aforesaid is hereby authorized to execute any such consent as aforesaid.

(2) Every such instrument of mortgage of a purchase lease given to secure the repayment of advances made to assist the settler to effect permanent improvements on or to the allotment shall have priority over any other mortgage or encumbrance whatever legal or equitable affecting the lease notwithstanding anything in the Trustee Act 1958 or any other Act or law and notwithstanding that such other mortgage or encumbrance was executed or registered before such instrument.

(3) The Registrar of Titles is hereby authorized and directed to make all such entries upon any purchase lease or other instrument or document and upon the duplicate of any such purchase lease instrument or document as may be necessary or expedient for the purpose of registering any such instrument of mortgage in priority as aforesaid and the holder of any such duplicate lease instrument or document shall produce the same without fee to the Registrar for that purpose.

Adjjwceato 98 . (1 ) Any advance made pursuant to this Part to a than settle" discharged soldier (other than a settler under interim lease or by mortgage purchase lease) may, if the Commission so requires, be secured Nof*5n9s.64 w n e r e ^ e lanc* comprising the farm owned by the borrower is

under the Transfer of Land Act 1958 by an instrument of mortgage duly registered under that Act and where the said land is under the general law by a deed of mortgage or further charge duly registered in the office of the Registrar-General.

(2) Where the Commission requires the repayment of any such advance to be so secured by instrument or deed of mortgage, the provisions of sections eighty-one eighty-two eighty-three eighty-six eighty-eight and ninety-one of this Act shall, so far as applicable and with such adaptations as are necessary, apply to and with respect to any mortgage given to secure the advance in the same manner as those provisions apply to and in respect of mortgages given pursuant to Part VII. of this Act.

99. (1) Any advance made pursuant to this Part may if the Commission so requires be secured by an assignment of all or

No. 5i79s. 63. any of the produce or the proceeds of the sale of the produce of the borrower's allotment or farm whether such produce is in existence at the time of the execution of the assignment or comes into existence within a period specified in the assignment.

Mortgage securing advances for permanent Improvements to nave priority over other encumbrances of lease.

Direction to Registrar of Titles to register such mortgages In priority.

Appli ot cer

plication _f certain provisions in respect of mortgages.

Security bv assignment of produce.


(2) In addition to the amount of advances and interest g*^,, , , , , secured by any such assignment the Commission may retain out to recover0" of the proceeds of any produce so assigned the amount of any expeB8es-expenses incurred by it in connexion with the produce.

100. The following provisions shall apply with respect to Provisions securities given for the repayment of advances made pursuant to to certain - - - " - ~* * - -> - securities.

No. 5179 s. 66. this Part or given as collateral security pursuant to Part VII. of securitles-this Ac t :—

(a) Notwithstanding anything in Part VII. of the ^gJjJSf Instruments Act 1958—

(i) a preferable lien on crops may be given before the existence of a growing crop and shall be as valid and effectual and have the like force and effect as if it had been given on a growing crop; and

(ii) a preferable lien on crops may be given on the crops of two successive harvests and the agreement relating thereto may be embodied in one document and registered under the said Part VII. and the provisions of the said Part VEL shall with such adaptations as are necessary extend and apply and be read and construed accordingly, and such agreement when registered shall as regards the crops intended to be affected thereby be as valid and effectual so far as registration is concerned as if in all respects all the requirements of the said Part VII. as to registration had been fulfilled:

Provided that before giving to the Commission a preferable lien on the crops of two succeeding harvests a settler or other borrower shall obtain and submit to the Commission the consent in writing of any mortgagee or other encumbrancer of the farm or of the lease of the allotment (as the case may b e ) ;

(b) For the purpose of any such preferable lien— construction of

( i) section sixty-one of the Instruments Act AS?™*" 1958 shall be read and construed and s£rn"K!n£f

have effect as if in the said section for the words " is registered within ten days

VOL. vn.—so


Non-application of Instruments Act ss. 63. 64.

Priority of preferable liens.

Assignments of produce not to be bills of sale &c.

Power to Commission to reduce capital liability of settler for advances. No. 5179 s. 67.

Amount of reduction transferred to State.

Application of Commonwealth contributions under Agreement.

after the date of such agreement" there were substituted the words " is registered within thirty-one days after the date of such agreement"; and

(ii) the form in the Sixth Schedule to the Instruments Act 1958 shall be used with such modifications as are prescribed by regulations under this Act;

(c) Sections sixty-three and sixty-four of the Instruments Act 1958 shall not apply to any preferable lien given to the Commission for the purposes of this Act;

(d) Notwithstanding anything in any Act or any law to the contrary, every preferable lien given to the Commission for the purposes of this Act on any crop (whether sown at the time of giving such lien or not) shall be a first charge upon such crop and the produce thereof and shall without further or other authority than this Act have priority over every other lien or encumbrance whatever on or over such crop or the produce thereof whether registered or made before or after the giving of the preferable lien and whether before or after the commencement of this Act; and

(e) An assignment by a settler or other borrower to the Commission for the purpose of this Act of all or any of the produce or proceeds of the sale of the produce of his allotment or farm which but for this section would be a bill of sale within the meaning of Part VI. of the Instruments Act 1958 or an assignment or transfer of book debts within the meaning of Part IX. of the said Act shall not be deemed to be such a bill of sale or such an assignment or transfer of book debts.

101. (1) When any advance has been made pursuant to this Part to any settler under interim lease, the Commission may at the time of the grant of a purchase lease in substitution for the interim lease reduce the outstanding liability of the settler in respect of that advance by such amount as the Commission thinks fit.

(2) The amount of capital loan liability represented by any such reduction of a settler's liability shall be transferred to and borne by the State and the loan liability of the Commission shall be reduced accordingly.

(3) Any money received from the Commonwealth of Australia pursuant to sub-clause (5) of clause seven of the Agreement in respect of the reduction of any settler's liability for advances shall be paid into the State Loans Repayment Fund.


102. The Commission shall cause to be kept complete Accounts of accounts of the sums owing for advances and of the amounts by Common-which those sums are reduced pursuant to the last preceding tribution? section and of the amount of loan liability transferred to the wnrmen,offnts

State and the amount received from the Commonwealth of Australia in respect of every such reduction.

PART IX.—MISCELLANEOUS. Interest on Overdue Instalments.

103. (1) If any instalment due under a purchase lease Or Interest on under a mortgage given pursuant to Part VII. of this Act is not Kunents. paid on the due date therefor or within thirty days thereafter— NO. 5179 s. 69.

(a) interest on such instalment shall be paid by the settler or mortgagor at the rate of Five pounds per centum per annum from the date on which it becomes payable until the date on which it is paid or •recovered; and

(b) such interest may be recovered by the Commission in the same manner as the instalment is recoverable.

(2 ) If the Commission in any particular case considers that Powerto. by reason of drought flood fire or other adversity suffered by the toSI31011

settler or mortgagor it would be inequitable to require the payment imeres?.1 of

of interest as aforesaid the Commission may waive the payment of such interest or any part of such interest for such period and subject to such conditions as the Commission thinks proper.

Insurance.

104. Every settler under interim or purchase lease or other settlers lessee of an allotment or other area of land acquired or set apart fto fsure for soldier settlement and every purchaser under contract of sale fences'85 and

of any land sold by the Governor in Council or by the ^rnfaSd'' Commission pursuant to this Act and every person by whom any ^ m i ^ advance made pursuant to this Act is owing to the Commission M~ "™ and secured by mortgage of any farm shall, if the Commission or any term or condition of the lease contract or mortgage so requires, effect an insurance with the Commission on the buildings tanks tankstands windmills structures and fences on his allotment land or farm (as the case may be) against fire or against storm and tempest or against both such risks as the Commission requires.

No. 5179 s. 70.

Fund. No. 5179 s 71; No. 5571 s. 9.

105. (1) There shall be established and kept in the Treasury l^men a permanent trust fund to be called the " Soldier Settlement Insurance Insurance Fund " (hereinafter called " the fund " ) . **"*

(2) As occasion arises there may be issued and applied out of the Public Account and paid into the fund such sum or sums (not exceeding in the aggregate Fifteen thousand pounds) as the Treasurer of Victoria directs for the temporary accommodation of the fund.


Payments Into fund.

Authority to Commission to enter into contracts of insurance.

Form of contracts of insurance.

Authority to Commission to Insure buildings and fences on unoccupied land and other property.

(3) There shall also be paid into the fund— (a) all sums received by the Commission from settlers

lessees purchasers and other persons as premiums in respect of insurances affected by them in accordance with the last preceding section;

(b) all sums paid by the Commission out of loan moneys raised pursuant to this Act or any corresponding previous enactment as premiums in respect of insurances under this section over buildings tanks tankstands windmills structures and fences upon any lands acquired or set apart pursuant to this Act or the said enactment and which are not for the time being occupied by any settler lessee or purchaser (which lands are hereinafter in this section referred to as " unoccupied lands " ) ; and

(c) all sums paid by the Commission out of loan moneys raised pursuant to this Act or any corresponding previous enactment as premiums in respect of insurances under this section over property held by the Commission for the purposes of this Act or any corresponding previous enactment.

(4) Notwithstanding anything in any Act the Commission is hereby authorized subject to the regulations to enter into contracts with any such settlers lessees purchasers or persons as aforesaid for insurance of the buildings tanks tankstands windmills structures and fences on any such allotment land or farm as aforesaid against fire or against storm and tempest or against both such risks.

(5) Every such contract of insurance shall be in such form and shall provide for such premiums and shall contain such provisions terms and conditions as are prescribed:

Provided that every such contract shall contain a condition to the effect that in the event of damage or destruction to any buildings tanks tankstands windmills structures or fences thereby insured the amount payable under the contract shall not exceed such sum (within the amount insured) as is or would be necessary to reinstate such buildings tanks tankstands windmills structures or fences.

(6) Notwithstanding anything in any Act the Commission is hereby authorized—

(a) by payment into the fund of the like premiums to insure against the like risks or either of them the buildings tanks tankstands windmills structures and fences upon any unoccupied lands and the amount payable in the event of the damage to or destruction of any such buildings tanks tankstands windmills structures or fences shall be subject to the like limitations as aforesaid; and


(b) by payment into the fund of such premiums as the Treasurer of Victoria determines, to insure against the like risks or either of them any property of whatever kind and wherever situated purchased acquired or held by the Commission for the purposes of this Act, and the amount payable in the event of the damage or destruction of any such property shall be subject to such limitations as the said Treasurer determines.

(7) The fund shall be applicable to and available for the Application . ., * r r of fund to

payment thereout of— payment of *• * insurance

(a) the costs and expenses of the administration of this ^JKauon section; and expenses.

(b) the amounts payable under any contracts of insurance with any such settlers lessees purchasers or persons as aforesaid or under any insurances effected by the Commission.

(8) In the case of the damage or destruction of the buildings A^catio^ tanks tankstands windmills structures or fences covered by any payable!0

contract of insurance with any such settler lessee purchaser or person as aforesaid the amount payable as aforesaid shall be applied—

(a) to the reinstatement of the buildings tanks tankstands windmills structures or fences so damaged or destroyed; or

(b) where in the opinion of the Commission it is not desirable or expedient to reinstate such buildings tanks tankstands windmills structures or fences—

(i) in liquidation or reduction of the outstanding liability of the settler purchaser or person to the Commission and paid into the State Loans Repayment Fund in reduction of the capital loan liability of the Commission; and

(ii) if the liquidation of such liability does not exhaust the whole of the amount payable as aforesaid—by payment of the balance thereof to such settler purchaser or person.

(9) In the case of damage or destruction of the buildings Application of tanks tankstands windmills structures or fences upon any pfytbieon unoccupied lands covered by any insurance effected by the la^

cupled

Commission as aforesaid the amount payable as aforesaid shall be applied—

(a) to the reinstatement of the buildings tanks tankstands windmills structures or fences so damaged or destroyed; or

934" 1958. Soldier Settlement. No. 6373

Insurance with Commissiun sufficient compliance with covenant to insure.

Provision for repayment of amount advanced from Public Account.

(b) where in the opinion of the Commission it is not desirable or expedient to reinstate such buildings tanks tankstands windmills structures or fences— by payment into the State Loans Repayment Fund in reduction of the capital loan liability of the Commission.

(10) Every contract of insurance entered into by any such settler lessee purchaser or person as aforesaid pursuant to this section shall be deemed and taken to be a sufficient compliance with any term covenant or condition relating to insurance in his lease or contract of sale or in the mortgage securing the repayment of the advance made to him.

(11) When the Auditor-General, having regard to the amount standing to the credit of the fund, the probable income of the fund, and the claims reasonably likely to be made against the fund, certifies by writing under his hand that the fund is sufficiently established to permit of repayments being made as hereinafter provided from the fund to the Public Account, he shall thereafter in each and every financial year having regard to the matters aforesaid certify by writing under his hand what amount (if any) of the sums standing to the credit of the fund for that financial year is in his opinion available for repayment to the Public Account, and the Treasurer shall repay to the Public Account every amount so certified, but no further repayments shall be made than are sufficient to recoup the amount paid from the Public Account into the fund pursuant to this Act.

Power to Commission to insure property held for soldier settlement with approved insurance companies. No. 5179 s. 72; No. 5571 s. 9.

Payment of premiums from loan moneys.

106. ( 1 ) In lieu of effecting an insurance thereof by payment of premiums into the Soldier Settlement Insurance Fund as hereinbefore provided, the Commission may insure against fire or against storm and tempest or against any other risk or against all or any such risks any buildings tanks tankstands windmills structures and fences on any land acquired or set apart for soldier settlement or any other property, of whatever kind and wherever situated, which is held for the purposes of soldier settlement with any company or body of persons corporate or unincorporate carrying on the business of insurance within Victoria and approved by the Treasurer of Victoria for the purposes of this section.

( 2 ) All premiums and other moneys payable by the Commission to effect any such insurance shall be paid out of loan moneys raised pursuant to this Act.

Direction of Minister. No. 5179 s. 4.

Miscellaneous Functions and Powers of Commission.

107. In the exercise of the powers and the discharge of the duties conferred or imposed on the Commission by this Act the Commission shall be subject to the general direction of the Minister.


108. (1) The Commission may guarantee the repayment by 2 ° ^ , ^ any settler or other discharged soldier of the principal and interest to^wriwS payable in respect of any advance (whether in money or kind) guarantees. made to him by any other person for any purpose approved by the No-5179s 73-Commission.

(2) The maximum amount of any guarantee given pursuant Limit to to the last preceding sub-section shall not exceed the amount guarantee

standing to the credit of the settler or other discharged soldier in the Settlers' Purchase Credit Account or Mortgagor's Credit Account (as the case may be) at the time of the execution of the guarantee but not including any amount paid into the Settlers' Purchase Credit Account upon the transfer of a purchase lease of an allotment as provided in Part VI. of this Act.

(3) When the Commission is required to pay any money Recouping of under any such guarantee the Commission may recoup itself from Commiss,on-the said amount in the said Settlers' Purchase Credit Account or Mortgagors' Credit Account (as the case may be).

109. (1 ) The Commission may for any purpose connected Power to with the operation of this Act or in the opinion of the to take leases Commission advantageous to soldier settlement purchase or take NO'^ITO^T* on lease or licence any real or personal property or enter into N°: 5768 H: 6o.' any contract arrangement or agreement for the agistment or depasturing of any stock of the Commission upon any lands or for the use by the Commission in any manner of any real or personal property.

(2) The Commission may maintain in good order and Power to condition and may improve any property, real or personal, of to maintain whatever k ind purchased acquired or held by the Commission for a

p?opeX>ve

the purposes of this Act .

(3) The Commission may at any time sell or otherwise dispose Power to c * Commission

OI to sell property not

(a) any personal property purchased acquired or held by required-the Commission which in the Commission's opinion is not required for the purposes of this Act;

(b) any real or personal property purchased or taken on lease or licence under this section.

110. It shall be the duty of the Commission— Duties of Commission

(a) to recommend to the Minister such legislation as A^mlnu the Commission thinks necessary or expedient in &c-relation to any agreement with respect to soldier N°! 53701'. u'. settlement between the Commonwealth of Australia and the State of Victoria or to assist soldier settlement generally; and

936 1958. Soldisr Settlement. No. 6373

(6) to make recommendations to the Minister with respect to soldier settlement generally and to such other matters as may be referred to the Commission by the Minister.

Commission to make payments equivalent to rates on certain lands. No. 5370 s. 16; No. 6015 s. 5.

111. (1) When any rateable property within the meaning of the Local Government Act 1958 or any corresponding previous enactment is or has been purchased or acquired by the Commission and vested in the Crown pursuant to this Act or any corresponding previous enactment (whether before or after the commencement of this Act), then in respect of any period from or after the date of the said purchase or acquisition during which the land is or has been non-rateable land (including any such period before the said commencement) the Commission shall from time to time make to the council of the municipality in the municipal district of which the land is situated payments of such amounts as are agreed by the Commission and the said council, or in default of such agreement as are determined by the Minister, to be the equivalent of the municipal rates (not including any interest on arrears) which would have been payable if the land during that period were or had been rateable land.

Payments equivalent to rates.

(2) In respect of any such land and in respect of any such period the Commission may from time to time make to any public authority in whose district or area the land is situate payments of such amounts as are agreed by the Commission and the authority to be the equivalent of the rates (not including any interest on arrears) which would have been payable to the authority under any Act if the land during that period were or had been rateable land.

Power to Commission to carry out functions &c for Commonwealth. No. 5179 s. 76.

112. (1) The Commission is hereby authorized and empowered and shall be deemed always to have been authorized and empowered to carry out for and on behalf of the Commonwealth of Australia such functions and, in the carrying out thereof, to exercise such powers and authorities and to be subject to such duties and obligations as are conferred or imposed upon the Commission by or under any Act of the Parliament of the Commonwealth of Australia.

Application of certain provisions to securities taken for Commonwealth.

(2) If in the carrying out of any such function on behalf of the Commonwealth of Australia the Commission makes or has made advances to any person in Victoria, the provisions of sections ninety-nine and one-hundred of this Act shall so far as applicable and with such adaptations as are necessary apply to and with respect to any securities taken by the Commission on behalf of the Commonwealth of Australia in the same manner as they apply to and with respect to securities taken by the Commission pursuant to Part VIII. of this Act.


Drainage Districts.

113. The Commission may at any time by notice in the rotation prescribed form published in the Government Gazette declare any <ji4ialgeas

estate, a plan of which prepared and certified by a licensed No.r5"TOs.77.

surveyor is kept in the office of the Commission, to be a drainage district for the purposes of this Act, and the Commission may at any subsequent time by a like notice add to or alter or diminish the area comprised in any such drainage district and shall cause the said plan to be amended accordingly and the amendments to be certified by a licenced surveyor.

114. (1) The Commission shall, at all times while any Right of allotment in any such drainage district is held under interim or

to effect purchase lease, have full right and authority to carry out within or Sffige adjacent to any such district any capital works for the drainage "°t

rer

sana

of the district, including the enlargement development or allotments &c improvement of any existing works thereon, and for that purpose No- 5179 *•78-

shall have full right and authority to enter and carry out any suoh works upon any allotment held under interim or purchase lease.

(2) The cost of all capital works of drainage within or in Allocation relation to any drainage district shall be allocated by the costo wor

Commission between the several allotments in the drainage district according to the degree of benefit which in the Commission's opinion is derived from such works by each such allotment.

(3) The amount of the cost so allocated in respect of any Payment of allotment shall— «.**«*.

(a) if such works are completed before settlement of the allotment—form part of the gross value of the allotment;

(b) if such works are completed during the currency of an interim lease of the allotment—upon notification thereof to the settler in the prescribed manner become a liability of the settler to the Commission—

(i) upon which interest only at the rate of Two pounds per centum per annum shall be paid by the settler during the currency of the interim lease (including any renewal thereof) at such times as the Commission directs;

(ii) which shall become immediately payable in full upon the expiration of the interim lease without renewal or grant of a purchase lease in substitution therefor or upon the surrender or forfeiture of the interim lease;


(iii) which may, if the Commission so determines, upon the grant of such a purchase lease be included in the revised settlement value of the allotment as if the amount of the liability had been advanced to the settler for permanent improvements on or to the allotment; and

(iv) which shall, if not so included, be paid, after the grant of the purchase lease, by instalments, each comprising interest at the rate of Two pounds per centum per annum and a sum in reduction of principal, in such manner and over such period as the Commission determines; and

(c) if such works are completed after the grant of a purchase lease of the allotment—upon notification thereof to the settler in the prescribed manner become a liability of the settler to the Commission which shall be paid by instalments, each comprising interest at the rate of Two pounds per centum per annum and a sum in reduction of principal, in such manner and over such term as the Commission determines.

115. (1) The Commission shall at all times while any allotment in any drainage district is held under interim or purchase lease have full right and authority to maintain and repair all works for the drainage of the district, and for that purpose shall have full right and authority to enter upon and maintain and repair any such works upon any allotment in the drainage district whether such allotment is held under a lease or in fee simple.

(2) The Commission may from time to time but not more often than once in every year make and levy upon the occupiers of all allotments in the drainage district (whether held under lease or in fee simple) a drainage maintenance charge of such amount as the Commission, with the approval of the Minister, determines to be necessary to defray the cost of maintenance and repair of the drainage works in and in relation to the district.

(3) The amount of any such charge shall be a debt owing to the Commission by the occupier of the allotment upon whom it is levied and shall be payable on or before such date as is specified in a notice sent by the Commission to the said occupier.

116. (1) Any instalment or amount owing by any occupier of an allotment in a drainage district in respect of the capital cost

SveTdueT" 0f drainage works or in respect of any drainage maintenance NS: si™ I: fi! charge shall if not paid on the due date therefor or within thirty

days thereafter bear interest at the rate of Five pounds per centum per annum from the said due date until paid or recovered.

Right of Commission to maintain drainage works and to enter allotments &c. No. 5179 s. 79.

Making and levying of drainage maintenance charge.

Payment of charge.


(2) If the Commission in any particular case considers that waiver of by reason of drought flood or other adversity suffered by the said occupier it would be inequitable to require the payment of interest as aforesaid the Commission may waive the payment of any such interest or any part thereof for such period and subject to such conditions as the Commission thinks proper.

Canneries, Packing Sheds, &c. 117. (1) Where in the opinion of the Commission the existing Advances to

facilities for the processing packing and marketing of produce from establishment

allotments settled under this Act are inadequate or unsatisfactory, °Jextenslon

the Commission may with the approval of the Minister make """[l^fg,. advances as hereinafter provided for the purposes of assisting in— N°! 5438 s! 7,'

. . , , . , . . , . , , , , . , No. 5571s 10.

(a) establishing canneries packing sheds or other like works for the purposes of processing packing and marketing the said produce; and

(b) extending and increasing the capacity of existing canneries packing sheds and other like works for the said purposes.

(2) Such advances shall be made out of loan moneys raised Nature of

pursuant to this Act and may be made in either or both of the advances-folio wing ways, namely:—

(a) As advances to settlers under interim or purchase lease for the purchase by them of shares in any co-operative company (whether formed or to be formed) carrying on or proposing to carry on such canneries packing sheds or other works;

(b) As advances to any such co-operative company to be secured by debenture mortgage over the assets of such company.

(3) Any such advance made to a settler shall be made on such Terms&c. of terms and conditions and shall be repaid during such period and settlers.

with interest at such rate as the Commission determines and the settler shall give such security for the repayment of the advance and interest as the Commission requires.

(4) Any debenture mortgage as aforesaid shall be in such p°™&c;ot

form and shall contain such terms and conditions and shall make mortgages.

such provision for the repayment of the advance and with interest at such rate as the Commission with the approval of the Treasurer of Victoria determines.

(5) In this section "co-operative company" means any Meaning of company or association which in the opinion of the Governor in c'o^pany?'lve

Council is of a substantially co-operative character and will enable settlers to market their produce advantageously and which is approved by the Governor in Council for the purposes of this section.

(6) The provisions of this section shall extend and apply with A,fiplicatij)

0nnto£

respect to discharged soldiers to whom allotments have been allotted certain pursuant to section fifty-one of this Act and who have been granted ieKrary


leases thereof pursuant to section forty-three of this Act as if they were settlers under interim leases of those allotments.

Application or proceeds of allotment during assistance period. No. 5179 s. 82. No. S438 s. 7. No. 5768 s. 61 (1).

Offence of misapplication of proceeds.

Application of this section to certain temporary lessees.

Assistance Period. 118. (1) During the assistance period referred to in clause

thirteen of the Agreement every settler under interim lease shall pay to the Commission the net proceeds of the allotment as determined by the Commission.

(2) The said proceeds shall be placed to the credit of the settler in the books of the Commission and shall bear interest at the credit account rate in force for the time being under section one hundred and nineteen of this Act.

(3) At the end of the assistance period— (a) at least one-half of any amount then standing to the

credit of any settler in the books of the Commission shall be applied to the reduction of his existing capital liability or be set aside against his future capital liability in respect of advances for the acquisition of stock plant and equipment; and

(b) the balance of the amount so standing to his credit shall be paid to the credit of the settler in the Settlers' Interim Credit Account.

(4) The Commission may in any particular case release a settler from the requirements of sub-section (1) of this section either as to the whole or any part of the proceeds of his allotment during the assistance period.

(5) Except where so released from the requirements of sub-section (1) of this section, any settler who pays away or disposes of or converts to his own use any part of the net proceeds of his allotment during the assistance period shall be deemed to have committed a breach of a covenant or condition of his lease and his lease may be forfeited in accordance with this Act accordingly.

(6) The provisions of this section shall extend and apply with respect to discharged soldiers to whom allotments have been allotted pursuant to section fifty-one of this Act and who have been granted leases therof pursuant to section forty-three of this Act as if they were settlers under interim leases of those allotments.

Determination of credit account rate. No. 5571 s.6(4); No. 5768 8.61(2).

Credit Account Interest. 119. For the purposes of sections fifty-nine seventy-one

ninety and one hundred and eighteen of this Act the Treasurer of Victoria shall on the last day of June in each year determine the rate of interest (to be called the " credit account rate ") to be credited for the time being upon amounts standing to the credit of settlers and mortgagors in the


credit accounts referred to in the said sections, and the rate so determined shall be the same rate as is payable on Commonwealth Government Bonds of the longest term appertaining to the last Commonwealth Loan raised before the determination in question.

Possession of Land.

120. (1) When any person occupying— Power to (a) any land under any lease granted under this Act ^ ^ r i I 8 d

or any corresponding previous enactment which has °f^n

been surrendered or forfeited or has expired; or NO. 5179 s. 83. (b) any land under colour of any such surrendered

forfeited or expired lease or otherwise; or (c) any land acquired or set apart pursuant to this Act—

remains in unauthorized possession or occupation of the land and refuses or neglects to deliver up possession of the same to any person authorized by the Commission in that behalf, that person or any other person authorized by the Commission in that behalf may apply to any justice for and such justice shall issue a summons calling upon the occupier of the land to appear at a time and place to be therein specified before a court of petty sessions consisting of two or more justices one of whom shall be a stipendiary magistrate.

(2) The court may hear and determine the matter in a summary way and, on production (where necessary) of a copy of the Government Gazette containing a notice that the lease has been surrendered or forfeited or has expired and upon proof to the satisfaction of the Court that the land referred to in the summons is the same as the land referred to in such notice, a warrant shall be issued by such justices or any other justice or justices in the form or to the effect of the Third Schedule to this Third A r * Schedule.

(3) Every member of the police force or bailiff to whom such warrant is directed shall forthwith execute the same according to the tenor and exigency thereof in the same manner as any warrant of possession or writ of habere facias possessionem may be executed by the sheriff.

(4) The jurisdiction of the court or justices or justice shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any such hearing as aforesaid.

Fees.

121. No fee or charge shall be demanded by or paid to the Registration Registrar-General or the Registrar of Titles for the registration of SSaSSfeS:" any lease granted pursuant to this Act or of any leasehold No. 5179 s. 84. certificate of title derived therefrom or of any mortgage or other


Service of notices &c. No. 5179 s. 85.

security of any kind whatsoever given to secure any advances made pursuant to this Act or of the discharge of any such mortgage or security.

Service of Documents. 122. Any notice or document required by or under this Act

to be served on the Commission or any person shall be deemed to be duly served if served by post on the Commission or such person (as the case requires).

Inspection of Property. 123. (1) For the purposes of inspection any person authorized

in that behalf by the Commission whether generally or in any particular case may enter upon any farm upon which any money

No. 5i79 s. 86. owing to the Commission is secured. (2) Any person who prevents or attempts to prevent any such

authorized person from entering upon or inspecting any such farm shall be liable to a penalty of not more than Twenty pounds.

Inspection of farms on which advances secured.

Consent ot Minister required to sale of farming land otherwise than to discharged soldier. No. 5179 5. 87; No. 5438 s. 8.

Consent of Minister required to sale of certain gazetted farming land to any person.

No. 5179 s. 88.

Sale of Farming Land. 124. (1) Any sale of farming land, the net annual value of

which (as shown in the municipal rate book) exceeds Seventy-five pounds, to a person other than a discharged soldier shall, unless the Minister after consultation with the Commission consents to the sale, be void and of no effect.

(2) Such consent shall be given or refused within twenty-one days after application in writing by the vendor for such consent is made to the Commission and, if not so given or refused within such time, shall be deemed to have been so given.

(3) Such consent shall not be refused by the Minister unless before such refusal a discharged soldier has lodged with the Commission an objection in writing to the sale of the land or the Commission has certified to the Minister that the land is suitable for soldier settlement.

(4) For the purposes of this and the next succeeding section " farming land " means land used solely or principally for all or any of the following farming purposes, namely, agricultural horticultural viticultural pastoral grazing dairy farming poultry fanning or bee farming purposes.

125. (1) The Minister may by notice published in the Government Gazette declare any farming land specified in the notice to be land suitable for soldier settlement.

(2) After any such publication any sale of the land or any part of the land specified in the notice to any person whomsoever shall, unless the Minister after consultation with the Commission consents to the sale, be void and of no effect.


(3) Such consent shall be given or refused within two months after application in writing by the vendor for such consent is made to the Commission and, if not so given or refused within such time, shall be deemed to have been so given.

Selling property of Commission or on which advance is secured. No. 5179 s. 89; No. 5571 s. 5 (2) .

Making false statements in application for advance.

Offences. 126. (1) Any person who without the authority of the

Commission knowingly sells or otherwise disposes of any property which belongs to the Crown or to the Commission or upon which any money owing to the Commission is secured shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence against this Act and liable to a penalty of not more than One hundred pounds.

(2) Any person— (a) who commits.any fraudulent act with respect to any

advance under this Act or who knowingly and fraudulently aids and abets any other person in any such act; or

(b) who wilfully makes any false statement in any application or any other writing made under or for the purposes of this Act—

shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence against this Act and liable to a penalty of not more than One hundred pounds.

(3) Any person who steals or misappropriates or unlawfully disposes of or commits any fraudulent act with respect to or wilfully destroys or damages any property of the Crown or of the Commission shall, without prejudice to proceedings for any other offence for which he may be liable, be guilty of an offence against this Act and liable to a penalty of not more than One hundred pounds.

(4) Any person who receives any advance from the Commission under this Act and in any manner directly or indirectly uses the same or permits the same to be used for any purpose other than the purpose for which the advance was made shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Fifty pounds.

127. (1) Every officer or employe of the Commission or of Exacting fees

the public service who is employed in any duties under this Act teingbesor

anH vuhn concerned in a n a WHO contracts &c.

(a) exacts or accepts on account of anything done by No-5179s-90-virtue of that employment or in relation to any matters to be done thereunder any fee or reward whatsoever other than the salary or allowance by way of salary allowed in connexion with that employment;

Stealing Commission's property &c. an offence.

Misapplying advance.


(b) is in anywise concerned or interested in any bargain or contract made by or on behalf of the Commission or in anywise participates or claims to participate in the profit thereof or in any benefit emolument or commission arising from the same; or

(c) without the coasent of the Governor in Council becomes whether directly or indirectly the lessee or purchaser of any land subject to this Act—

shall thereby cease to be an officer or employs of the Commission or of the public service and to be so employed and shall be guilty of an offence against this Act and liable to a penalty of not more than One hundred pounds.

Exception*. ( 2 ) Notwithstanding anything contained in this section no such officer or employ6 shall be liable to forfeiture of office or employment or to a penalty by reason only of becoming a lessee or purchaser of land subject to this Act by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by reason only of his becoming an administrator or trustee of the estate of or an executor or trustee under the will of any person deceased or by reason only of his furnishing a guarantee to the Commission that any member of his family who may become a lessee o r purchaser under this Ac t will comply with the conditions of his lease or contract of sale or by reason only of his financially assisting any such member to comply with any such condition.

( 3 ) Nothing in this section shall diminish or affect any liability civil or criminal under any law for the time being in force of any officer or employe" so employed.

Forfeitures.

Forfeiture. 128 . Any forfeiture incurred under the provisions of this Act NO. 5179 s. 91. may be enforced on behalf of Her Majesty by action or proceeding

in the Supreme Cour t or any court having jurisdiction without the necessity of any inquisition of office.

Regulations.

129 . ( 1 ) T h e Governor in Council may make regulations for o r with respect t o —

(a) prescribing forms for use under this Act (and all such forms or forms to the like effect shall be sufficient in law);

(b) the service of notices required to be served under this Act (including provision for substituted service):

Regulations. No. S107 8.42; No. 5179 8.92.


(c) the procedure to be followed in the payment of compensation to or for persons under a legal disability;

(d) the verification (whether by statutory declaration or otherwise) of applications for advances under this Act;

(e) prescribing the conditions upon which advances may be made under this Act, and generally with respect to such advances, and the supervision of and the accounting for the expenditure of money and the application and use of other property so advanced;

(/) the delivery to the Commission by persons holding the same of leases (and leasehold certificates derived therefrom) in substitution for new leases granted or which are surrendered or forfeited or which expire;

(g) the payment or allowances of compensation in respect of the exercise of any right of resumption of land or appropriation of easements thereover reserved to Her Majesty her heirs and successors under any settlement purchase lease;

(h) prescribing penalties (not in any case exceding Five pounds) for breaches of the regulations; and

(0 prescribing any other matters or things authorized or directed to be prescribed by this Act or necessary or expedient to be prescribed for the purpose of giving effect to this Act.

(2) All such regulations shall be published in the Government Publication. Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.


SCHEDULES.

Section 2. FIRST SCHEDULE.

Number of Act. Title of Act. Extent of Repeal.

5107 . . Soldier Settlement Act 1945 . . •• So much as is not already repealed.

5133 . . Soldier Settlement (Amendment) Act So much as is not 1946 already repealed.

5179 . . Soldier Settlement Act 1946 . . So much as is not already repealed.

5370 . . Soldier Settlement Act 1949 . . m , The whole. 5438 . . Soldier Settlement (.Amendment)

1949 Act The whole.

5571 Soldier Settlement Act 1951 The whole. 5768 . . Land Settlement Act 1953 Part VI (so far as

not already repealed).

5832 Soldier Settlement (Financial) Act 1954 The whole. 5900 Soldier Settlement (Amendment) Act So much as is

1955 not otherwise repealed.

The whole. 6015 . . Soldier Settlement (Amendment) Act

not otherwise repealed.

The whole. 1956

Sections 3, 4, SECOND SCHEDULE. 110(a).

AGREEMENT made the 23rd day of November One thousand nine hundred and forty-five, BETWEEN THE COMMONWEALTH OF AUSTRALIA (in this agreement called " the Commonwealth") of the first part and THE STATE OF VICTORIA (in this agreement called " the State ") of the second part.

WHEREAS at a conference of Commonwealth and State Ministers at Canberra on the twenty-second day of August, One thousand nine hundred and forty-five, certain proposals were agreed to with a view to the settlement on land in the State of discharged members of the Forces and other eligible persons:

AND WHEREAS it is expedient that an agreement be made between the Commonwealth and the State in order to carry into effect the said proposals: Now IT IS HEREBY AGREED as follows:—

1. This agreement shall have no force or effect and shall not be binding on either party unless and until it is approved by the Parliament of the State.

2. (1) In this agreement— " applicant" means a person applying to participate under the scheme; " Crown land" means Crown land as defined in the land laws of the

State; " eligible person " means—

(a) a discharged member of the Forces who has been honorably discharged after not less than six months' war service, or having, in the opinion of the appropriate State authority, been materially prejudiced by reason of his war service, has been honorably discharged after less than six months' war service; or

(b) a person included in a class of persons (if any) which the Commonwealth with the concurrence of the State determines shall be deemed eligible to participate in land settlement under the scheme;


SECOND SCHEDULE—continued.

" holding " means the land allotted to a settler under the scheme; " member of the Forces " has the same meaning as in section 4 of the

Re-establishment and Employment Act 1945 of the Commonwealth; 14 private land " means all land other than Crown land; " settler" means a person who has been allotted a holding under the

scheme; " the scheme" means the scheme of land settlement contained in this

agreement; " the war" means the war which commenced on the third day of

September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the date of this agreement;

"war service" has the same meaning as in paragraphs (a), (b), (c), (d), and (e) of the definition of " war service" in section 4 of the Re-establishment and Employment Act 1945 of the Commonwealth.

(2) For the purposes of this agreement, a member of the Forces who has ceased to be engaged on war service shall be deemed to have been discharged.

3. Land settlement under the scheme shall be carried out in accordance with the following principles:—

(a) Settlement shall be undertaken only where economic prospects for the production concerned are reasonably sound, and the number of eligible persons to be settled shall be determined primarily by opportunities for settlement and not by the number of applicants.

(b) Applicants shall not be selected as settlers unless a competent authority is satisfied as to their eligibility, suitability and qualifications for settlement under the scheme and their experience of farmwork.

(c) Holdings shall be sufficient in size to enable settlers to operate efficiently and to earn a reasonable labour income.

{d) An eligible person deemed suitable for settlement shall not be precluded from settlement by reason only of lack of capital, but a settler will be expected to invest in the holding such proportion of his own financial and other resources as is considered reasonable in the circumstances by the appropriate State authority.

(e) Adequate guidance and technical advice shall be made available to settlers through agricultural extension services.

4. (1) The Commonwealth shall in the carrying out of the scheme provide financial and other assistance as is hereinafter set forth.

(2) The State shall initiate proposals for settlement under the scheme but the Commonwealth may initiate proposals where these are directly associated with any matter in respect of which the Commonwealth has power to make laws.

5. The State shall provide capital moneys required for the purpose of acquiring, developing and improving land for settlement under and in accordance with the terms of this agreement.

6. (1) The State shall bear the cost of all State administration of the scheme.

(2) The State shall make a capital contribution in respect of each holding of an amount equal to one-half of the excess of the total cost involved in acquiring, developing and improving the holding over the sum of valuations of the land and improvements.

(3) The amount of capital contribution to be determined in accordance with the last preceding sub-clause shall, if required by a State, be separately and independently assessed in respect of land and improvements.

(4) The valuations referred to in sub-clause (2) of this clause shall be made by officers appointed by the Commonwealth and State in consultation for the purpose.



(5) In making the valuations, the officers shall have regard to the need for the proceeds of the holding (based on conservative estimates over a long-term

Seriod of prices and yields for products) being sufficient to provide a reasonable ving for the settler after meeting such financial commitments (excluding

principal repayments under any agreement between the State and the settler for fije purchase of land) as would be incurred by a settler possessing no capital.

(6) Where settlement is on Crown land or acquired leasehold land, an amount to be agreed upon between the Commonwealth and the State shall be included in the total cost referred to in sub-clause (2) of this clause to cover the State's interest in the land.

(7) The State shall bear one-half of the cost involved in the remission of rent and interest during the assistance period referred to in clause 13 of this agreement.

(8) The State shall bear one-half of any losses (to be assessed on a basis to be agreed upon by the Commonwealth and the State) incurred by the State in pursuance of arrangements made in accordance with clause IS of this agreement.

(9) The State shall, subject to clause 7 of this agreement, be responsible for all other costs arising directly from settlement under the scheme.

7. (1) The Commonwealth shall bear the cost of Commonwealth administration of the scheme.

(2) The Commonwealth shall provide training and pay to applicants selected for training living allowances and certain transport and other expenses incidental to their training.

(3) The Commonwealth shall provide living allowances for settlers during the assistance period referred to in clause 13 of this agreement and meet one-half of the costs involved in the remission of rent and interest provided for in that clause.

(4) The Commonwealth shall make a capital contribution in respect of each holding of an amount equal to one-half of the excess referred to in sub-clause (2) of clause 6 of this agreement

(5) The Commonwealth shall bear one-half of the losses referred to in sub-clause (8) of clause 6 of this agreement.

8. Any excess of the total cost involved in acquiring developing and improving the holding over the valuations made in accordance with the provisions of clause 6 of this agreement shall be written off and those valuations shall, unless otherwise agreed by the Commonwealth and the State, be accepted for the purpose of applying the terms and conditions relating to tenure of land made available for settlement under this agreement.

9. All financial matters relating and incidental to the carrying out of the scheme shall be arranged in a manner satisfactory to the Treasurer of the Commonwealth and the Treasurer of the State.

10. The following procedure shall be observed in connexion with the approval of proposals for settlement under the scheme brought forward by the State:—

(a) After the State has selected such land as appears suitable for settlement it shall immediately take all practicable and necessary measures to prevent the land or any part thereof being dealt with otherwise than as is provided in this agreement.

(6) The State shall submit to the Commonwealth certain information to be agreed upon by the Commonwealth and the State and shall confer with the Commonwealth to determine whether a detailed survey of the land is required, and, if both the Commonwealth and the State agree that a detailed survey is required, this will be undertaken by the State with the assistance where necessary of relevant Commonwealth authorities: Provided that if, before the fifth day of October, One thousand nine hundred and forty-four the State had selected land for settlement and completed or substantially completed all surveys thereof considered necessary by the Commonwealth, the State may immediately submit the proposals in the manner provided in the next succeeding paragraph and no further survey of the land shall be required.



(c) The State shall submit to the Commonwealth details of proposals for settlement including plans and such particulars relating to the proposed subdivision, development and use of the land as the State and the Commonwealth agree upon.

(<0 The Commonwealth and the State shall confer on each proposal and decide whether it should be accepted, either with or without alteration or modification, as an approved plan of settlement.

11. (1) The State shall— (a) set apart or resume as the case may be, for settlement such land

comprised in an approved plan of settlement as is Crown land; and (b) acquire compulsorily or by agreement and at a value not exceeding

that ruling on the tenth day of February, One thousand nine hundred and forty-two, private land or lands held under lease from the Crown comprised in an approved plan of settlement

(2) The State shall subdivide develop and improve the land to a stage where it can be brought into production by a settler within a reasonable time having regard to the type of production proposed.

12. The following principles shall be adhered to in training, selecting and settling applicants under the scheme:—

(a) A member of the forces while still engaged on war service may, if permitted to apply for land under any law of the State dealing with the settlement of servicemen on the land in force prior to the fifth day of October, One thousand nine hundred and forty-four, apply to participate under the scheme, but he shall not be eligible to participate in any concessions to which the Commonwealth is required to contribute any part of the cost until he has ceased to be engaged on war service and has been classified as suitable for settlement in accordance with the provisions of paragraph (c) of this clause.

(6) An eligible person may apply to participate under the scheme not more than five years after—

(i) the fifteenth day of August, One thousand nine hundred and forty-five; or

(ii) the date when he ceased to be engaged on war service, whichever is the later.

(c) An applicant for settlement shall apply to the appropriate State authority which shall on behalf of the Commonwealth—

(i) determine whether an applicant is an eligible person; and (ii) classify eligible persons as suitable (either immediately or

after training or further experience) or as unsuitable for settlement.

(d) Where training or further experience is considered desirable by the State authority it shall be provided mainly by employment with farmers approved by the State authority.

13. (1) There may be granted to a settler during the period of one year next following the allotment of a holding to him (hereinafter referred to as "the assistance period ") a living allowance at such rate and subject to such conditions as may be fixed by the Commonwealth.

(2) During the assistance period the settler shall not be required to pay any rent or interest in respect of the holding or to make any payments on account of principal or interest in respect of advances (other than advances for working capital) made under clause 15 of this agreement.

(3) In special circumstances and upon conditions approved by the Commonwealth, further assistance may in any particular case be extended beyond the said period of one year.



14. (1) The net proceeds of the holding during the assistance period shall be paid to an authority prescribed by the State and credited by that authority against future obligations of the settler in respect of advances for stock, plant and equipment, and improvements, and in respect of rent or interest on land in a proportion to be determined by the authority.

(2) At least one-half of the proceeds shall be credited to future obligations ia respect of stock, plant and equipment.

(3) The authority may, in any particular case, waive the requirements of the last two preceding sub-clauses if, in its opinion, the circumstances of the case are such that it is desirable to do so.

(4) Wherever practicable the whole of a settler's finances relating to his settlement under the scheme shall be controlled by one authority. The authority shall record separately any advances in respect of which the Commonwealth under this agreement accepts any liability in the event of loss.

15. (1) The State shall make such arrangements as may be approved by the Commonwealth for the making of advances to settlers, upon such conditions as may be agreed upon between the Commonwealth and the State, for the purpose of providing working capital and paying for and effecting improvements and acquiring stock plant and equipment.

(2) The arrangements referred to in sub-clause (1) of this clause may include the giving of guarantees by the State.

16. In the event of the settler not being able to meet all his current obligations under the scheme such amounts as are received from the settler shall be applied to his obligations in respect of advances for working capital, stock, plant or equipment, improvements, rent or interest on any balance outstanding on the purchase price of the land, in the order in which the obligations are set out in this clause.

17. The form and conditions of tenure on which a holding is to be held by a settler shall be determined by the State.

IN WITNESS whereof the Prime Minister of the Commonwealth and the Premier of the State have hereunto set their hands the day and year first above written.

SIGNED by the Prime Minister of the Commonwealth") for and on behalf of the Commonwealth in V J. B. CHIFLEY. the presence of— J

F. STRAHAN. SIGNED by the Premier of the State for and on 1 T r i l J V I .-, A TXT

behalf of the State in the presence of— J J O H N C A I N -W. SLATER,

Chief Secretary, Victoria.

THIRD SCHEDULE.

Soldier Settlement Act 1958. FORM OF WARRANT TO DISPOSSESS UNAUTHORIZED OCCUPANT.

Eliz. II. to wit.

To and all members of the police force. Whereas it has on the day of been made to appear to the Court of Petty Sessions at consisting of two Justices one of whom is a Stipendiary Magistrate that A.B. is in the unauthorized and illegal occupation of certain Crown lands [here state description of lands].


THIRD SCHEDULE—continued.

These are therefore to require you, that without delay you cause the Soldier Settlement Commission to have possession of the said premises with the appurtenances, and to eject the said A.B. and all other persons therefrom, and for which this shall be a sufficient warrant.

Given under my [or our] hand [or hands] [by a justice or two justices] this day of