No. 3961. - Australasian Legal Information · PDF filerevenue made by Part 4 of Schedule 1) to ... [No. 3961 29 deemed to be the total amount of such pay emoluments remuneration and

No. 3961. An Act to make necessary Provision for

carrying out a Plan agreed on by the Commonwea l th and the States for meeting the grave Financial Emergency existing in Australia, re-establishing Financial Stability, and restoring Industrial and General

Prosperi ty. [24th September, 1931.]

HEKEAS at a Conference between Ministers of the Preamble. Commonwealth and Ministers of the States convened

in Melbourne on the twenty-fifth day of May One thousand nine hundred and thirty-one to devise measures for meeting the grave financial emergency existing in. Australia and thereby averting disastrous consequences a plan was agreed upon for re-establiohing the lii.uin.cial stability of the Commonwealth and Slates and restoring industrial and general prosperity by means involving a common sacrifice and including among other things certain reductions in the expenditure of the Common wealth and State Governments and tlie conversion of the internal public debts of

the i.-2

w

http://lii.uin.cial

24 22 GEO. V.] Financial Emergency. [No. 3961

Short title

Commencement.

Division into Parte.

Interpretation

" Part."

"Schedule."

Meaning of " financial year 1931-32 " in First and Second Schedules.

the Commonwealth and. States on the basis of a refluction of the interest payable : And whereas for carrying out a part of the plan certain legislation by the Parliament of Victoria is necessary : Be it therefore enacted by the King'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 Financial Emergency Ac/. 1931.

2 . Save as otherwise expressly provided in this Act, the several Parts Divisions and sections of this Act shall come into operation on such dates as are respectively fixed by proclamation of the Governor in Council published in the Government Gazette.

3 . This Act is divided into Parts as follows :— PART 1.—Salaries and other Remuneration. PART If.—Pensions. PART III.—Reduction of Interest on Mortgages and

other Securities and certain other Matters.

PART IV.- Miscellaneous.

4 . (1) In this Act unless inconsistent with the context or subject-matter—

" Part " means Part of this Act. " Schedule " means Schedule to this Act.

(2) References in the Schedules to " the financial year 1931-32 " shall be read, and construed as if the said financial year—

(a) in the case of the First Schedule —began on the fifth day of July One thousand nine hundred and thirty-one and ended on the second day of July One thousand nine hundred and thirty-two ; and

(b) in the case of the Second Schedule --began on the tenth day of July One thousand nine hundred and thirty-one and ended on the seventh day of July One thousand nine hundred and thirty-two.

PART I.—SALARIES AND OTHER REMUNERATION.

SSTISMST* 5 . This Part shall (except as to the next succeeding of part. section hereof and except as to the last proviso to sub-section

(2) of section ten hereof) be deemed and taken to have come into

22 GEO. V.] Financial Emergency. [No. 3961 25

into operation on the fifth day of July One thousand nine hundred and thirty-one and shall continue in force until the second day of July One thousand nine hundred and thirty-two.

>,y of J u n e " (where ... , , , T U T T r i n <i •'H'40B8. 1,2,

occurring) there shall be and, as on from and alter the schedule, commencement of the said Acts respectively, be deemed yla?nclal

to have been substituted the words " fourth day of July " ; and the references in the Schedules to the said Acts to the " financial year 1930-31 " sliall be read and construed as if the said financial year began on the first day of July One thousand nine hundred and thirty and ended on the fourth day of July One thousand nine hundred and thirty-one.

(2) In paragraph (d) of sub-section (1) of section two of Jf.?$£ru2n

the Public Service Payments Reduction Act 1030, for the NO. 39468.2. words beginning with " whose pay at the date " and ending " Classification Board1 ' there shall, as on from and after the coming into operation of the said Act, be substituted the words " in receipt of pay at a rate not exceeding Five hundred pounds per annum".

(3) At the end of the proviso to section three of the Public ^J^JgJJ^ Service Payments Reduction Act 1930 there shall, as on from ib. „. 3. and after the coming into operation of the said Act, be inserted the following expression :—

" ; and

(iii) in the case of any officer subject to the provisions of the Railways Act 1928 or of No-8769-Part II. of the Coal Mines Regulation u.' Act 1928 whose pay is reduced under any award of the Commonwealth Court of Conciliation and Arbitration, the rate of pay of such officer shall not be less than the rate resulting after the percentage deduction in accordance with the Schedule to this NO-8,9*6

A T 1 1 • 1 , , 1 , c t • Schedule.

Act has been applied GO -one rate 01 his pay as adjusted quarterly in accordance with any variation of the basic wage provided for in the award of the said court."

7 . In


No. 3660 88. 411 &0.

interpretation 7 . In this Part unless inconsistent with the context or subject-matter—

••officer- "Off icer" does not include— The Governor ; but—

(a) includes— The President of the Legislative Council; The Speaker ;

" " • The Responsible Ministers of the Crown ; The Leader of His Majesty's Opposition; The Judges of the Supreme Court; The Chairman of Committees and all chairmen, and

members of committees and joint committees and standing committees of the Legislative Council and the .Legislative Assembly ;

All officers and persons subject to the provisions of Part IX. of The (!o-n,slifvlion Act Amendment Act 1.928 ; and

All officers and persons not hereinbefore referred to whose pay is paid out of a, special or permanent appropriation of the consolidated revenue made by Part 4 of Schedule 1) to The Coiistitvtioit Act: and

(b) includes all officers and persons not hereinbefore referred to who are subject to the provisions of the Public Service Act 1928 or any Act amending the same or whose pay is paid out of a special or permanent appropriation of the consolidated revenue made by any Act of Parliament; and

(c) includes all officers and persons employed in the public service who are exempt from the provisions of the Public Service A.ct 1928 and all officers and persons temporarily employed in the public service., but does not, include office cleaners in receipt of pay at a rate not exceeding Two pounds two shillings a week ; and

(d) includes all officers and persons whomsoever (other than the .Registrar of Friendly Societies) not hereinbefore in this section referred to whose pay is provided for in by or under any •Appropriation Act or other Act issuing or

,,: applying moneys for or towards making good the supply granted to His Majesty out of the consolidated revenue1', for the service of the financial year any portion of which is included in the period to which this Part applies; and

(e) without

The Constitution Act Schedule D Part 4.

No. S767.

See lb. as. 8,40.


(e) without affecting the generality of the foregoing provisions of this section, includes—

the Judges of County Courts ; the Master-in-Equit/y ; the Commissioner of Titles ; the Taxing Master; the Agent-General and all officers and persons appointed

or employed by him in the execution of the Agent- No. 3638. GcncwVs Act 1928 ;

the Public Service Commissioner ; the Auditor-General ; the Inspector-General of the Insane ; the Victorian 'Railways Commissioners ; the Slate Rivers and Water Supply Commissioners ; the Commissioners of the State Elcctricitv Commission

of Victoria, ; the members of the Country Roads Board ; the Chairman of Licensing Courts and the licensing

magistrates who are the members of the Licences "Reduction Board ;

the members of the Closer Settlement Board ; the Commissioners of the Forests Commission ; the Chief Commissioner of Police and all officers and

members of the police force ; the Curator of the Estates of Deceased Persons; the Insurance Commissioner and all officers and persons

appointed or employed in the execution of the Workers' Compensation Acts;

the Inspector of Charities and all officers and persons appointed or employed by the Charities Board of Victoria;

all officers arid persons (other than officers and persons in receipt of pay at a rate; not exceeding Five hundred pounds per annum) who are subject to the provisions of the Railways Act 1928 or of No-3759>

I i/ jfo 8057

Part IL of the Coal Mines Regulation Act 1928 ; rnrtn.' all persons referred to in paragraph (c) of the definition

of "Officer" in section three of the Suyemnnnalion No.3782B.3<e) Act IMS;

all officers arid po.ir.ons appointed or employed by the State "River;-; and Water Supply Commission ;

all officers and persons appointed or employed under the provisions of Part I. or Part If. of the Closer No.385e n i t . i / A o n Parts I., II. Settlement Act 1928 :

all

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5o. 8798.

NOB. 8717, 8832.

Nog. 3736, 3874.

No. 3634.

"Pay."

all officers and persons appointed or employed under the provisionsof the 'Vermin and Noxious Weeds Act 1928;

all officers and persons appointed or employed, by the Forests Commission;

all officers and persons appointed or employed by the Country Roads Board ;

all officers and persons in the Lunacy Department ; all officers and persons appointed or employed under the

provisions of the Licensing Acts relating to licensing courts licensing districts and the Licences Reduction Board ;

all officers and persons appointed or employed by the State Electricity Commission of Victoria ;

all officers and, persons (otlier than those appointed by municipal councils) appointed or employed under the provisions of the Milk and Dairy Supervision Act 1928 or any Act affecting the same ; and

all officers and. persons appointed, or employed by the Council of Agricultural Education under the Agricultural Colleges Act 1928.

" Pay " includes annual salary or wages and any annual allowance or emolument for the discharge of duties as an officer other than those for which the officer's chief or principal salary or wages is or are paid, but docs not include payments in the nature of allowances for travelling or other expenses, and, means the total amount from all sources to which anv officer is entitled. The expression includes any payment remuneration or allowance fixed for an officer appointed or employed by any body corporate or other body hereinbefore referred to in this section and whether such payment remuneration or allowance is paid out of the consolidated, revenue or out of any fund kept in the Treasury or established by such body pursuant to any Act. Where any officer receives pay from the Government of Victoria, or any body corporate or otlier body aforesaid, in Victoria and also any annual emolument remuneration or allowance from any other Government, for the purposes of calculating the rate of reduction applicable to his 'pay received from the Government of Victoria or any body corporate or other body aforesaid in Victoria, his pay shall be

deemed


deemed to be the total amount of such pay emoluments remuneration and allowances received from all such sources.

"Period to which this Part applies" means (except -Periodto •xl . , • i v i - p i i • which this Part

witn respect TO the last preceding section ot this applies." Act and except as to the last proviso to sub-section •(2) of section ten hereof) the period beginning on the fifth day of July One thousand nine hundred and thirty-one and ending on the second day of July One thousand nine hundred and thirty-two.

8 . Notwithstanding anything to the contrary in any induction of Act or any regulation or Order in Council under any Act— omcenTpaw

J out. of special

(1) where the pay of any officer is provided, for by >»ppr°i>riat|0113-or paid out of any special or permanent appropriation of the consolidated revenue made by 2 he Constitution Act or any Act of the Parliament of Victoria whether the rate of such pay is or is not specified, in such Act such officer instead, of being paid the rate of pay which except for the Special and Other Appro- NOS. 3945. SMC priatious Reduction Act 1930 or the Public Service Payments Reduction Act 1930 (as the case may be) and this Part he would have been entitled, to receive for the period to which this Part applies shall subject to and without further or other authority than this Part be paid such rate less the rate of reduction specified in the First- Schedule opposite the rate of pay of First schedule. such officer ;

(2) the reduction specified as aforesaid in the First Rateable Schedule is hereby declared to apply to the extended to

. . all officers.

case of every ofHcer whose rate of pay nrat. arhe'dnie. aforesaid is within the limits specified, in any of the groups set out in the said Schedule ; and. such reduction at the rate specified as aforesaid in the said Schedule opposite the rate of pay of such officer shall be made accordingly for the period to which this Part applies :

Provided that the pay of any officer in any Limitation in group specified in the First Schedule shall, not ior the purposes of this Part be reduced below the amount of the pay that would be receivable by him if he were in the group

next

certain case*.

30 22 GKO. V.] Financial Emergency. r\o. 3961

As to married men and officers with dependants.

next lower in amount and entitled to the maximum pay specified in the First Schedule in respect of that lower group but less the reduction applicable thereto; but this proviso shall not apply in the case of any officer receiving any-annual emolument remuneration or allowance from any other Government as hereinbefore provided, or in the case of any officer whose rate of nay exceeds One thousand and one pounds per annum:

Provided further that, notwithstanding anything to the contrary in this Part and the First Schedule, in the case of any officer who is a married man—

(a) where the rate of pay of any such officer is Two hundred and eight pounds per annum or losstho rate of pay of such officer shall not be reduced; and

(b) where the rate of pay of any such officer is more than Two hundred and eight pounds per annum the rate of pay shall not be reduced to a rate of pay lower than Two hundred and eight pounds per annum.

This proviso shall apply to any widow or widower or other unmarried officer in respect of whom the Public Service Commissioner certifies that he is satisfied that by reason of the dependency of any person upon such unmarried officer such unmarried officer should for the purposes of this Part be treated as if he were married :

AS to oHicws Provided furl her that in the case of an officer whose cSii™r.i> rate of pay during the period to which the Public Service NO'.3».I«. Payments Rediict-io'n. Act 1930 applied has been or dur ing the

period to which this Pari; applies is reduced—•

(a) under any award or order of the Commonwealth Court of Conciliation and Arbitration; or

(b) by reason of any quarterly adjustments of pay (whether pursuant to any such award or otherwise) consequent upon variations in the cost of living; or

(c) under any determination of a wages board or the Court of Industrial Appeals—

the rate of pay during any portion of the period to which this Part applies of such officer shall not by the operation of this Part be less (but without affecting the generality

of


of the provisions of the Acts Interpretation Act 1930) NO.SOSO. than the rate resulting after the percentage deduction in accordance with the First Schedule has been applied to the rate of pay which lie would have received duriiiff that portion of such period it such reductions or any of them had not been made; but the rate of pay to which any Much officer who is subject to the provisions of the Railways Act '1928 or of Part II. of the Coal Mines 'Regula- N0.3760. Hon Act 1928 is reduced under this Part shall not during any n

a3657Part

portion of the period to which this Part applies he less than the rate of pay to which an officer subject to the said provisions would during that portion of such period be reduced by the Railways Classification Board if that officer were in receipt of the highest salary or wages in respect of which the said Board may make an award :

Provided further that where, owing to the absence of any affeSedby1* officer from his employment without pay by reason of the rationing *c. operation of any system, of the rationing of employment (whether hy means of arrangements for leave of absence without pay or otherwise) or owing to the absence of any officer from his employment on leave "without pay or on reduced pay by reason of illness, the actual pay of any such officer during the period to which this Part applies is less than would otherwise have been the case, the percentage deduction in accordance with the First Schedule which is applicable to the officer shall, notwithstanding anything to the contrary in this Part, be that which is appropriate to the sum which would have been his pay during that period if he had been, absent from his employment as aforesaid and this Part had not been passed ; but until the and of that period or his ceasing to be an officer during that period, the appropriate percentage deduction in accordance with the First Schedule shall be provisionally applied to the rate of pay which he would have received during tha t period if he had not been absent from his employment as aforesaid and this Part had not been passed ; and at the end of that period or on his ceasing to be an officer as aforesaid the necessary adjustments shall be made and airy moneys deducted in excess shall be refunded to him accordingly.

O ~%t

not 1 9. No reduction in the pay of officers made pursuant KSl0" i to this Part shall alter or affect any officer's relative ,!enIorlty *»• \ position or seniority in the public service.

% 1 0 . (1) Subject

32 22 GEO. V.I Financial Emergency. [No. 3961

Rates of pension Ac. under Act No. 160 and certain other pensions not affected by reduction.

No. 3782 M . 67, 58.

No. 8750 Pnrt III. NOB. 3782, 3947.

First Schedule.

Salary for purposes of NOB. 8782 Ac.

Befunds.

Application of No. 8872 s. 18 (4).

1 0 . (1) Subject to the provisions of Part II., the rate of pension or superannuation or retiring allowance or com-

for loss of office or on death to pensation or gratuity which any officer oi at any time hcreai'tc computed under Act section fifty-seven o

us reoroseuoa'tives becomes or become entitled and which is or has been

No. 160 (and whether pursuant to section fifty-eight of the Swpcr-

armuation Act 1928 or otherwise), or which is paid under the provisions of Part III. of the Police Regulation Act 1928, and the pension of any officer under the Superannuation Acts who has on or before the coming into operation of this Part paid all contributions payable by him under the Superannuation Acts or who on or after the coming into operation of this Part and before the passing of this Act has retired, shall not be lessened or diminished in consequence of any reduction at the rate specified in the First Schedule having been made pursuant to this Part in the pay of the office or position held by such officer during the period to which this Part applies ; but, subject to the provisions of Part II. , such first-mentioned pension superannuation or retiring allowance or compensation or gratuity or (as the case may be) such pension under the Superannuation Acts shall be paid at the same rate as would have been paid if no such reduction of pay had been made

(2) For the purposes of the Superannuation Acts the salary of any person affected by this Part who is a contributor under the provisions of the Superannuation Acts shall be the salary which he would have received if this Part had not passed: Provided that any such, contributor may elect within the prescribed time to contribute for a less number of units not being less than the number appropriate under the provisions of the Superannuation Acts to the rate of salary of the contributor as reduced by this Par t ; and in the case of any such election the State Superannuation Board shall make the necessary adjustments in relation to such contributor of contributions and benefits accordingly:

Provided further that if any such contributor elects as aforesaid any contributions previously paid by him in respect of units in excess of the reduced number for which he elects to contribute shall be refunded to him out of The Superannuation Ifuixd:

Provided further that on from and after the third day of July One thousand nine hundred and thirty-two the

provisions


provisions of sub-section (4) of section thirteen of the Superannuation* Act 1928 shall (in the case of any contributor who has elected as aforesaid, and in the case of any contributor whose application under the proviso to sub-section (2) of section live of the Special and Other Appropriaiio'n.s Reduction Act. 1930 or to sub-section (2) of section live of the Public Service Payments Reduction Act 1930 has been approved by the State Superannuation Board) extend and apply as if the salary of such contributor on the third clay of July One thousand nine hundred and thirty-two were an increased salary within the meaning of the said sub-section (4).

(3) At the end of sub-section (G) of section fifteen of the Superannuation Act 1928 as re-enacted by section two of the Superannuation Act 1930 there shall, as on from and after the fifth day of July One thousand nine hundred and thirty-one, be inserted the expression " or Part I. of the Financial Emergency Act 1931."

(4) Section thirty-four of the Police Regulation Act 1928 shall be read and construed and take effect as if the reference therein to the salaries and wages of all members of the police force were a reference to such salaries and wages paid at the same rates as would have been paid if the reductions in pay under this Part had not been made.

No. 3945 a. 5 (2).

No. 3940 B. 5 (2).

Amendment ol No. 3782 B. 15 as re-enacted by No. 8947 s. 2 Saving

Modification of No. 3750 H. 34. As to deductions from oalariea and wagon of members of polico force for purposes of pensions &c.

1 1 . (1) For the period to which this Part applies— (a) section sixty of The Constitution Act Amendment

Act 1928 shall be read and construed as if for the words " Two hundred pounds " there were substituted the words " One hundred and seventy-seven pounds " ; and

(b) section one bundled and forty-one of the said Act shall be read and construed as if for the words " Five hundred pounds per annum " there were substituted, the words " Four hundred and two pounds ten shillings per annum, in the case of those members representing electoral districts described as c Metropolitan' in the Seventeenth Schedule to the said Act and Four hundred and forty-seven pounds per annum in. the case of those membero representing electoral districts described aa ' Urban ' or ' Country' in the said Schedule."

(2) Notwithstanding

Temporary amendment of No. 3000 as. 60, 141. Reduction of rato of reimbursement ol expenses payable to members of the Legislative Council and I.euialativo Assembly.

No. 3000 Seventeenth delicdule.

•fl


Provision where pay In addition to reimbursement.

No. 3045.

First Schedule.

Saving as to certain members. No. 8000 Seventeenth Sohedule.

(2) Notwithstanding anything in the said sections sixty and one hundred and forty-one as so amended, in any case where during the period to which this Part applies the total amount of the reimbursement of expenses of any member of Parliament calculated at the rate in operation before the coming into operation of the 'Special and Other Ap'/woprialions Reduction. Act 10*50 and of any pay (within the meaning of this Part) received by him as such out of the consolidated revenue for the discharge of duties other than those for which such reimbursement is made is an amount comprised in any group set out in the First Schedule, such total amount shall for the purposes of this Part be the amount upon which the reduction is to be made, and, notwithstanding anything in this Part but subject to the first proviso to section eight of this Act (which proviso with such adaptations as are necessary shall extend and apply for the purposes of this sub-section accordingly), the percentage reduction applicable to such group shall apply to such total amount accordingly; but nothing in this sub-section shall apply to any Member of Parliament who represents an electoral district described as " U r b a n " or "Country" in the Seventeenth Schedule to The Constitution Act Amendment Act 1028 and who is a member of the Committee of Public Accounts.

As to percentage

members of Publlo Accounts Committee.

lb.

(3) In any case where during the period to which this ndwtions'in Part applies the total amount of the reimbursement of case of certain r i\ IT ^ r r» 1 • i

expenses or any Member ot Parliament— (a) who represents an electoral district described as

" U r b a n " or "Coun t ry" in the Seventeenth Schedule to The Constitution Act Amendment Act 1928 ; and

(b) who is a member of the Committee of Public Accounts—

calculated at the rate in operation before the coming into operation of the Special and Oilier Appropriations Reduction Act 1930 and of any pay (within the meaning of this Part) received by him as such, out of the consolidated revenue for the discharge of duties other than those for which such reimbursement is made is an amount comprised in any group set out in the First Schedule the percentage reduction applicable to such group shall apply to such pay which shall be reduced accordingly.

1 2 . (1) The

No. 8045.


1 2 . (1) The Governor in Council may make regulations Reguiatiow. for or in respect of—

(a) regulating the manner in which reductions provided for in this Part may be made ;

(b) adjusting anomalies arising in. the administration of this Part ; and.

(c) generally, carrying the objects of this Part into effect.

(2) All regulations under this Part shall be published in the Government 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.

PART II .—PENSIONS.

13. Notwithstanding anything in any Act or any law to Reduction of

the contrary, on from and after the tenth clay of July One wffibutSy thousand nine hundred and thirty-one and. until the seventh pen8ion8 &c-day of July One thousand nine hundred and thirty-two, the rate of pension or superannuation or retiring allowance to which any person or his representatives is or are or becomes or become entitled and which is or has been computed under Act No. 160 (and whether pursuant to section fifty-seven or section fifty-eight of the Superannuation Act 1928 or other- NO.3782«. 57, wise) and which is paid out of the consolidated revenue or The Superannuation Fund shall be and is hereby reduced as provided in the (Second Schedule : Provided that no part second

,. J -, . . . . . . n Schedule.

01 any such pension superannuation or retiring allowance with respect to which contributions under the Superannuation Acts have been made shall be reduced :

Provided further that the pension superannuation or retiring allowance to which any such person or his representatives is or are or becomes or become entitled and which is comprised in any group specified in. the Second Schedule shall not for the purposes of this Part be reduced below the amount thereof that would bo receivable by him or them if the same were comprised, in the group next lower in amount and such person or his representatives wore entitled to the maximum pension superannuation or retiring allowance specified in the Second Schedule in respect of that lower group but less the reduction applicable thereto.

PART


PART III.—REDUCTION OF INTEREST ON MORTGAGES AND OTHER SECURITIES AND CERTAIN OTHER MATTERS.

Court'

" Division."

"Mortgage."

Interpretation. 1 4 . (1) In this Part unless inconsistent with the context or sub j ect-mattor—

" Court " means the Supreme Court or a judge thereof, any county court or a judge thereof, or (in any case where the principal money the payment of which is secured by the mortgage does not exceed One thousand pounds) any court of petty sessions consisting of a police magistrate sitting without any other justice or justices.

" Division " means Division of this Part. " Mortgage " means any deed nicmorandum of mortgage

instrument or agreement whereby security for payment of money is granted (whether by virtue of such deed memorandum instrument or agreement or of any Act) over real or personal property or any interest therein ; and, without affecting the generality of this definition, includes a mortgage given as security for moneys grunted by a bards or corporation on overdraft; and also includes—

(a) any debenture inscribed stock or mortgage issued created or given by any public or local authority;

(b) an agreement for sale and purchase of real or personal property under which interest is payable in respect of the whole or any portion of the purchase money ;

(c) a conveyance or transfer to a society regis tered under the Building Societies Act 1928 which is subject to a deed of defeasance and any other form of mortgage or security given to such a society ; and

(d) a hire purchase agreement relating to chattels.

Mortgagee " means the person entitled to receive payment of an}' moneys payable under a mortgage ; and includes the owner or vendor under a hire purchase Jigreemei11.

Mortgagor " means a person liable to payment of any moneys under a mortgage; and includes the hirer or purchaser under a hire purchase agreement.

" Public

No. 3047.

" Mortgagee."

" Mortgagor."

•

22 GEO. V.] Financial Emergency. [No. 3961 37 ail

" Public or local authority " means any local authority ['0^bll°or

within the meaning of the Public, Contracts "»"«*»<*•" Act 1928; and includes the State Electricity ;Seo

3 No-375s

Commission of Victoria, the Country Roads Board, the Metropolitan l. rc Brigades Board, the Country Kire Brigades Board, and any municipality (including the city of Melbourne and the city of (lee long).

(2) For the purposes of this Part any Victorian Savings saving M to Bank Deposit Stock or any debenture or credit foncier 'iKnk a v n p

debenture stock issued by the Commissioners of the State \u-.cn urcs

Savings Bank of Victoria, shall not be deemed to be a mortgage.

()>) If or the purposes of any reduction of interest under Jf8 f "t^"*1

this Part such interest shall be deemed to accrue from day to dav.

(4) The provisions of this Part with respect to mortgages Applicationoi given to and monevs lodged, on fixed deposit with societies building registered under the Biii.ldiv.n tiociv.lies Act 1928 shall with mortgages &o.

1 -i , , • • l l i j to similar

such adaptations as are necessary extend and apply co corporations' , x , i 1 1 1 r 1 1 U ,,u>rt«»Boa &o.

mortgages given to and. moneys lodged on hxed deposit NOi3047i

with any corporation with respect to wl.ii.ch the Treasurer of Victoria (if he thinks (it) certifies by notice published in the Gonvrwimml Gazette that lie is satisfied that the greater part of the business carried on by the corporation is similar to that carried on by such societies but this sub-section shall only apply to such of the said mortgages as relate to the erection of houses.

(5) This Part is divided into Divisions as follows :— Divisions of v ' Part.

Division 1.- .Reduction of Interest on Mortgages and other Securities.

Division 2.-~-Temporary Restriction of Mortgagees' Remedies.

Division 3. --Reduction of Interest on Fixed Deposits in Banks.

Division 4.—'Reduction of Interest on Moneys lodged on Fixed Deposit with Building Societies.

Division 5.- Moneys due to and by the Commissioners of the State Savings Bank of Victoria.

Division 6.—General. DIVISION

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Coming Into operation of this Division HO far as relates to bank overdraft B and building HOCIPMOB' mortgage:). No. 3047.

"Appointed day."

DIVISION 1.—REDUCTION OP INTEREST ON MORTGAGES AND OTHER SECURITIES.

1 5 . So far as relates to mortgages given as security for moneys granted by a hank on overdraft or to mortgages given to a society registered under the Jhvilding Societies Act 1928 this Division ahull come into operation on such day (not being earlier than the first day of October One thousand nine hundred and thirty-one and hereinafter referred to in this Division as " the appointed day '") as is fixed, by resolution of each of the iwo Houses of Parliament.

Coming Into operation of this Division so far na relates to pastoral company overdrafts.

" Prescribed day."

1 6 . Ho far as relates to mortgages given as security for moneys granted on overdraft by any corporation with respect to which the Treasurer of Victoria certifies by notice published in the Government Gazette that he is satisfied that such corporation (hereinafter in this Division referred to as a '' pastoral company ") in connexion with its business lends money on overdraft to persons engaged in pastoral or like pursuits this Division shall come into operation on such day (not being earlier than the first day of October One thousand nine hundred and thirty-one and hereinafter in this Division referred to as " t h e prescribed day") as is fixed by proclamation of the Governor in Council published in the Guremmt nt Gazette.

Application of Division.

No. 8647.

Certain mortgages as securities for overdrafts deemed existing though culled up &c.

1 7 . (1) Subject to the next succeeding section this Division shall apply—

(a) to all mortgages (other than mortgages given as security for moneys granted by a bank or a pastoral company on overdraft or mortgages given to a society registered under the J balding Societies Act 1928) existing at the coming into operation of this P a r t ;

(b) to all mortgages existing on the appointed day and given as security for moneys granted by a bank on overdraft or given, to a society registered under the Building Societies Act 1928 ; and

(c). to all mortgages existing on the prescribed day and given as security for moneys granted by a pastoral company on overdraft.

(2) Any mortgage given as security for moneys granted by a bank or a pastoral company on overdraft and existing on the first day of August One thousand nine hundred and thirty-one shall for the purposes of this Division be deemed to be

a mortgage


a mortgage existing on the appointed day or the prescribed day (as the' case may be) notwithstanding the fact that in the meantime the overdraft has been called up or that the overdraft has become secured by a new mortgage, and notwithstanding any agreement to the contrary made before the appointed day or the prescribed day (as the case may be).

1 8 . (1) Nothing in this Division shall apply to interest Non-nwiiw-i i i i i l / < n j ' I . i " o n of Division

payable by or to the Crown or any Government department to intend or any person or body of persons acting for or on behalf of JIML'crow" the Crown or any Government department:

Provided, that this Division shall on and after such day proviso «H to as is fixed by proclamation of the Governor hi Council cultivation published in the Government Gazette apply to interest payable to the Crown or such department or person or body of persons in respect of advances made under any Act relating to cultivation advances, but such interest, shall not by the operation of this Part be reduced at a rate greater than the average rate by which the Treasurer certifies that the interest payable by the Crown in respect of moneys raised by loan out of which such advances were made, is reduced as the result of a conversion of such loan.

(c2) (Subject to the provisions of the last preceding sub- mvinionto section this Division shall on and after such day as is fixed Snd aft.r by proclamation of the Governor in Council published in the K!Sr"atdiiy

Government Gazette apply to interest payable to or by any KT,ff «na Kf public or local authority. ' •,,,thor,t,ra'

(3) Subject, to the provisions of the last preceding sub- A. to interest section this Division shall not apply to interest payable to or siS'l!sa!?n°r

Bby

bv the Commissioners of the State Savings Bank of Victoria Hunk.

fc>'

(4) This 'Division shall not apply to any mortgage given Non-anpiwtion to any society registered under the Building Societies Act, stnrr-nowki-tt 1028 and known as a Starr-Bowkett Society. mK»geH.

. * No. 3017.

1 9 . (1) Except as hereinafter provided every mortgage Ro,i„ctionof shall for a period of three years from the date of the lIloSVT coming into operation of this Division be construed and. take effect as if it were a term of the mortgage that on and. from the coming into operation of this Part or (in the case of a, bank or pastoral company overdraft or in the case of a mortgage given to a society registered under the Building Societies Act 1928) on. and from the NO.8647. appointed day or the prescribed day (as the case may be) the interest payable under the mortgage should be reduced at a rate equivalent to Four shillings and sixpence for every pound of such interest.

(2) The


Maximum reduction.

Power of court on application of mortgagee to modify &<-.

No. »«47.

CofltB.

Matters for consideration of court.

As to court of petty sessions.

Provision us to mortgagee who is a trustee

(2) The provisions of this section or any order under this Division shall not operate so as to reduce the interest payable under any mortgage to a rate less than Five pounds per centum per annum.

(3) In any case where the mortgagee on application to the court on. summons within three months after the coming into operation of this Tart or (in. the case of a bank or pastoral company overdraft or in the case of a mortgage given to a society registered under the Bui-ldiny noeietles Act 1928) within three months after the appointed day or the prescribed day (as the case may be) satisfies the court--

(a) that he has already reduced the interest payable under the mortgage ; or

(b) that there are good and sufficient reasons applying to the transaction for modifying the foregoing provisions of this section in relation thereto -

the court may make an order modifying or excluding the operation of the foregoing provisions of this section in relation to such mortgage .and may make such order (if any) as to costs as it flunks lit, and the amount of any costs so ordered shall be specified in such, order.

(4) On the hearing of any application made pursuant to the provisions of this section the court may take into consideration--

(a) the extent to which, an order for relief (if any) in payment of interest in respect of the mortgage; has already been granted pursuant to any other Act of Parliament ; and

(b) any other factors and circumstances either generally or in any particular case as the court may deem fit and proper to allow justice to be done in respect to any such application.

(5) Every application under this section to a court of petty sessions shall be made to the court of petty sessions held nearest to the location of the property which is the subject of the mortgage.

(6) II: any mortgagee holds a mortgage as a trustee- -(a) such mortgagee shall not be deemed to be guilty

of a breach, of trust by reason only of his bond fide failure to make an application under this section ; and

(6) the court in making" any order as to costs under this section shall have regard (inter alia) to the fiduciary position of such mortgagee as trustee.

(7) Every


(7) Every order made under this Division by the oniCT of , n x. • J .L! r x. J. Supreme Court

Supreme Court or a judge thereof or any county court or a or county court judge thereof shall be final and conclusive and no appeal shall lie in respect thereof; but an appeal shall lie to the Supreme Court or any county court in respect of any order made under this .Division by a court of petty sessions.

(8) Default in payment of any moneys secured by a when default m i n ) i i i f i i <T> '• paymen t mortgage shall not be deemed to be a good and suiiioient ticemed

° ° . , • , , . r -, ° . , 0 . r . , . milllclent reason

reason withui i.he meaning or sub-section u>) of this for excluding , , , . ° . n , ' .to. operation

section unless the oourc is saiisued— of motion. (a) that at the time of such default the mortgagor had

the means and ability to make such payment and made ouch default without reasonable excuse ; or

(b) that at the time of the application the mortgagor has the means and ability to make such payment and continues such default without reasonable excuse.

2 0 . (1) Where a trustee before the date of the passing of power of trustee v ' •*• , ^ to renow

this Act has advanced trust money on a mortgage security or mortgage either y ° ° i . i , aa to thu whole

where any person is a trustee tor any money which has or m part for , 1 1 i I T . i eert.uln tunn.

before that date been advanced by any other person upon a VA)mp No.274i mortgage security and such security if taken hy a trustee at the time of investment was a proper advance in all respects under the trust, it shall be lawful for but not obligatory upon the trustee to renew such mortgage either as to the whole or part of the money advanced or to accept a new mortgage over the same security to secure the whole or part of such money for such period or successive periods and at such fair and. reasonable rate of interest as the trustee thinks fit but not exceeding five years at any time notwithstanding that the money remaining due exceeds three-fifths of the capital value of the property:

Provided that at the time of granting such renewal or accepting such, new mortgage the interest payable in respect of the mortgage has been paid, and that the rents payable in respect of the mortgaged property, if occupied by a tenant, or the rents which could he obtained for the property if occupied by the mortgagor or other person entitled to the equity of redemption of the property, as shown by the report of a person whom the trustee believed to be an able practical surveyor or valuer instructed and employed independently of any owner of the property, whether the surveyor or valuer

carried

a 27

I 22 GEO. V.] Financial Emergency. [No. 3961 43

(3) Every reduction of interest made by this Division or (unless the court for special reasons otherwise directs) by any order under this Division shall continue in force during the continuance of the mortgage in respect of which the reduction is made : Provided that no such reduction shall in any case continue in force for a period of more brum three years after the coming into operation of this Division.

(4) Every reduction of interest made by this Division or by any order under this Division shall have the effect of relieving to the extent of such reduction every guarantor who is liable for the payment of such interest.

(5) For the purposes of this section a mortgage shall be deemed to continue not only during the turm thereof but also during the period during which the mortgagee is precluded under Division two from exercising in respect of the property comprised in the mortgage any power of sale or foreclosure or other remedy for enforcing payment of the principal moneys thereby secured.

Continuance lit f oroo of reduction of interest.

Guarantors.

Continuance of reduction after turm of mortgage In certain cases.

2 3 . (1) Where the mortgagor or tho mortgagee alleges power of court • i j - . i . ' - l l i - • i i l , whore interest

that interest is included in any amount or amounts to be notreadiiy paid under a mortgage and that the rate of interest payable under the mortgage is not readily ascertainable, either the mortgagor or the mortgagee may in default of agreement apply to the court for a declaration that interest is so included in such amount or amounts and for the ascertainment of the rate of ouch interest and for .an order for a reduction thereof in accordance with this Division.

(2) Where the court orders a reduction of interest under Adjustment*, (his section the court may if it thinks fit make such further order as to the adjustment of the amount or amounts so payable as will give effect to the reduction of interest so ordered by the court.

DIVISION 2.—TEMPORARY RESTRICTION OF MORTGAGEES' REMEDIES.

2 4 . So far as relates to mortgages given as security for [J0,"^)"^ moneys granted by a bank on overdraft, this Division Division BO fat shall come into operation on such day (not being carrier bunk overdraw, than the first day of October One thousand nine hundred and thirty-one and hereinafter referred to in this .Division as " the appointed day ") as is fixed by resolution of each of the j ^ o i n t c d

two Houses of Parliament.

2 5 . So


Coming Into operation of Division BO far as relates to pastoral company overdrafts

" Preacribed day."

2 5 . So far as relates to mortgages given as security for moneys granted on overdraft by any corporation with respect to wide]) the Treasurer of Victoria certifies by notice published in tlio G<M'-rnmeni. Gazette that, he is satisfied, that such corporation, (hereinafter in this Division referred to an a " pastoral company ") in connexion with its business lends moncv on overdraft to persons ensured in nastoral or like pursuits this Division shall come into operation on such day (not being earlier than the first day of October One thousand nine hundred and thirty-one and hereinafter in this Division referred to as u the prescj'ibed day ") as is fixed by proclamation of the (.Governor in Council published in the Government Gazette.

oYSKn. 2 6 . (1) This Division shall apply— (a) to all mortgages (other than mortgages given as

security for moneys granted by a bank or a pastoral company on overdraft) existing at the coming into operation of this Part ;

(b) to all mortgages existing on. the appointed day and given as security for moneys granted by a bank on overdraft ; and

(c) to all mortgages exist ing on the prescribed day and given as security for moneys granted by a pastoral company on overdraft.

certain (2) Any mortgage given as security for moneys granted securinf8 by a bank or a pastoral company on overdraft and existing deemed existing on the first day of August One thousand nine hundred and overdraft called thirty-one shall for the purposes of this Division be deemed up &c' to be a mortgage existing on the appointed day or the

prescribed day (as the case may he), notwithstanding the fact that in the meantime the overdraft has been, called up or that the overdraft has become secured by a new mortgage and notwithstanding any agreement to the contrary made before the appointed day or the prescribed day (as the case may be).

Non-application of Division.

2 7 . Nothing in this Division shall apply— (a) to any mortgage given to the Commissioners of the

State Savings Bank of Victoria ; (b) to any mortgage given by any public or local

authority; (c) to


(c) to any conveyance or transfer to a society registered under tire BuiUling Societies Act 1928 which is NO.S647. subject to a deed of defeasance or any other form of mortgage or security given to such a society ; or

(d) to any hire purchase agreement relating to chattels which in the opinion of the court are of a wasting character.

2 8 . (1) Where under a mortgage— (a) any interest accrued due and payable is not in

arrear ; or (b) not more than six months' interest accrued due and

payable is in arrear— but otherwise the mortgagor's covenants other than for payment of principal moneys have been performed, such mortgagor may apply to the court upon summons for an order that the mortgagee shall not within the period of twelve months after the coming into operation of this Part exercise in respect of the property comprised in tlie mortgage any power of sale or foreclosure or other remedy for enforcing payment of the principal moneys thereby secured or interest (if any) in arrear at the time of such application.

(2) Subject to this section, upon service on the mortgagee of the summons in respect of such application and pending the decision of the court thereon no power of sale or foreclosure or other remedy for enforcing payment of such principal moneys or interest shall without leave of the court be exercised by the mortgagee in respect of the property comprised in the mortgage ; and if any such remedy is or before the service of the said summons has been commenced it shall be and is hereby declared to be stayed and suspended accordingly until the order upon such summons is made.

(3) If upon the hearing of any such summons the mortgagor satisfies the court—

(a) that he is unable to redeem the property either from his own moneys or by borrowing at a rate of interest not exceeding Six per centum per annum; and

(b) that tho value of the property is not seriously diminishing and that tho mortgagee's security is not otherwise in jeopardy—

the court shall make an order in accordance with subsection (1) of this section.

(4) Such

Provision for application to court for restriction of mortgagee's rights.

Suspension of inortgngee's rights pending decision of court.

Matters upon which mortgagor to satisfy court.

46 22 GEO. V.] Financial Emergency. [Mo 3961

Power to court to direct order not to take effect except upon conditions.

Power to mortgagee to apply for setting aside of orders.

AB to court of petty sessions.

As to power of sale of mortgagees in certain cases.

AB to relief under other Acts.

(4) Such order may if the court is satisfied that the mortgagor is able to repay a portion of the principal moneys secured by the mortgage direct that such order shall not take effect except upon payment within such, time as the court directs of so much of the principal moneys as the court directs.

(5) At any time when an order made under sub-section (3) of this section is in force the mortgagee may apply to the court upon summons for the setting aside of such order and if the mortgagee satisfies the court-—

(a) that the mortgagor is able to redeem the property either from his own moneys or by borrowing at a rate of interest not exceeding Six per centum per annum ; or

(b) that the value of such property is seriously diminishing or that the mortgagee's security is otherwise in jeopardy—

the court may set aside such, order accordingly.

(6) Every application made under this section to a court of petty sessions shall be made to the court of petty sessions held nearest to the location of the propei'ty which is the subject of the mortgage.

(7) The provisions of this section shall not in the case of a mortgage of land affect any power of sale of a mortgagee in possession where possession was taken by the mortgagee before the coming into operation of this Part or, in the case oi a bank or pastoral company overdraft, before the appointed day or the prescribed day (as the case may be).

(8) In hearing and determining any application under this section the court may take into consideration any relief already received by or granted to the applicant under or pursuant to any other Act.

Payment by bank of reduced rate hereunder to be a full discharge for liability for interest on fixed deposits.

DIVISION 3. -REDUCTION OF INTEREST ON FIXED DEPOSITS IN BANKS.

2 9 . (1) Every payment of interest in. respect of money deposited on fixed deposit in any bank at the appropriate rate hereinafter prescribed shall "be a full discharge to the extent of such payment of the liability of the bank for

such

22 G E O . V,] Financial Emergency. [No. 3961 47

such interes t in respect of so much of t h e period for which the said money was deposited as falls wi th in t he period of two yeara immediately following the coming into operation of this Division.

(2) The pre;scribed ra tes of interest for t he purposes of Reduction the last preceding sub-section shall be as follows:— interest on

(a) h o r not less t han three months but lesa t h a n six in bunks. months—Three per centum per a n n u m ;

(b) For not less t h a n six months b u t less t han twelve months—Three and one-quarter per centum per annum ;

(c) For not less t h a n twelve months bu t less than two years- -Three and one-half per cen tum per a n n u m ;

(d) For two years or any greater period- -Four per centum per annum.

(3) This Division shall come into operation on such day coming into (not being earlier t h a n the first day of October One iljv™Sn?of

thousand nine hundred and thirty-one) as is fixed by resolution of each of the two Houses of Par l iament .

DIVISION 4.—REDUCTION OP INTEREST ON MONEYS LODGED ON FIXED DEPOSIT WITH BUILDING SOCIETIES.

3 0 . (1) The payment a t a rate equivalent t o Fifteen payment by shillings a n d sixpence for every One pound of interest due in otI1rIcdKcrate

, f> i l l j? i i • i •, i • i hereunder to bo

respect of money lodged on fixed deposit with any society n nm discharge registered under t he Building Societies Act 1928 shall be a Interest on lixed

full discharge of the liability of such society for such interest ^ J ' ! ^ in respect of so much of t he period for which such money was lodged as falls within the period of three years immediately following the coming into operat ion of this I )ivision

(2) This Division shall come into operation on such day coming into (not being earlier than the first day of October One thousand Division1.1 of

nine hundred and thirty-one) as is fixed by resolution of each of the two Houses of Par l iament .

DIVISION 5.—MONEYS DUE TO AND BY THE COMMISSIONERS OP THE STATE SAVINGS BANK OF VICTORIA.

3 1 . (1) Where the ra te of interest provided m any Reduction of , ' • -i !• , i • i i • r 11 • rates of Inter

mortgage given before the coming into operat ion ot this on mortgages p Division t o the Commissioners of the S ta te Savings Bank sione^ onh™ j of Victoria exceeds Five pounds per cen tum per annum, Bank.av ngB

such

Interest .'ages C'ommla-


such rate of interest shall be hereby reduced in accordance with the following table :—

Hate per centum per annum of interest provided in mortgage.

0

6 | 7 7J

Kate per eentum per annum to which Interest is reduced.

5 5 5 5

5* 5*

to°moarPtgaStIon P ) Noth ing in th i s section shall apply to any mortgage auSit pt"bllc given by any publ ic or local au thor i ty to the said Commis-the said sioners. Commissioners.

Stc"oMnt"n.Rt 3 2 . (1) The rate of interest payable by the Commissioners SoSfuros IUHI °f the State Savings Bank of Victoria in respect of deben-iwuc?i,r>?,th!'":k tures or credit foncier debenture stock issued before the Bi(m.SmmiH" coming into operation of this Division shall be hereby

reduced at a rate equivalent to Four shillings and sixpence for every One pound of such interest:

Provided that nothing in this section shall operate so as to reduce such rate of interest below Four pounds per centum per annum.

(2) Nothing in this section shall until the day on which the provisions of Division one are proclaimed to apply to interest payable to or by public or local authorities apply to any such debentures or credit foncier debenture stock held

to or i,y tiu-m. by a n y public or local authority.

Non-appllcatlon to such debentures &c. held by public authorities until Division I. applies to Intercut payable

Provision for Increase of rule of Intercut on mortgages where rates of Intercut payable-by the said Commissioner:* for debentures Ac. increased.

8 8 . Notwithstanding anything in this Division if the average rate of interest payable by the said. Commissioners in respect of debentures and. credit foncier debenture stock issued by the said Commissioners becomes at any time during the period of three years immediately following the coming into operation of this Division greater than the average rate so payable on. the day after the coming into operation of this Division, the Commissioners may with the consent of the Governor in Council make any necessary increases consequent thereon in any of the rates of interest payable under mortgages given to the said Commissioners

and


§ and reduced in accordance with the foregoing provisions of this Division; and such increases shall be payable accordingly.

34 . Any reduction of interest effected by this Division rioti during shall apply only with respect to the period of three years of interest i8 to immediately following the coming into operation of this Division.

3 5 . This Division shall come into operation on such cominginto day (not being earlier than the first day of October One iiivlsion?0

thousand nine hundred and thirty-one) as is fixed by proclamation of the Governor in Council published in the Government Gazette.

DIVISION 6.—GENERAL.

36 . The provisions of this Part shall take effect notwith- Part to take .. x , i • , 1 ellect notwith

standing any agreement to the contrary made prior to tne standing any r i ' A agreement to

paSSing 0 1 t h l S A c t . tho contrary.

3 7 . Nothing in this Part shall apply to any mortgage A» to mortgages •. f • i I i v l i H"cnrliig moneys

given as security lor moneys raised by any public or local mi i outside authority by way of loan outside Australia. hy iubiio

J J J authorities.

3 8 . (1) In any case under this Part where a court of win* court or petty sessions for any reason decides not to adjudicate the Ei otf8 ona

Supreme Court or a judge thereof or any county court or a ,uljudiOftt0-judge thereof notwithstanding anything in this Part may adjudicate.

(2) Subject to this Part the provisions of the Justices Act ^ j ^ 0 " 0 ' 11)28 with respect to service of summonses and with respect to complaints for causes of action determinable summarily shall so far as applicable and with such adaptations as are necessary extend and apply to service of summonses and to proceedings under this Part.

(3) The power of the Governor in (Wncil to make rules nuiw. under section five of the Justices Act 1928 shall include N0-37088-5-power to make rules regulating the procedure of courts of petty sessions and appeals therefrom under this Part.

(4) The judges of the Supreme Court or of county rower of , i i o ~" • 1 1 i i • i J • Supreme Court

courts may make rules for or wroh respect to -one practice or county i "i c 11 rt n i J i court judges to

and procedure of the Supreme Court or any county court mnkoruiw. i as the case may be) under this Part.

3 9 . (1) The


Regulations.

Publication.

Modlllcatlon of No. 3717 B. 312.

Transfer to consolidated revenue of surplus of Licensing Fund.

Citation of Nos. 3717, 3832, 3914 and this section.

Modification of No. 3705 SM. :iv>, 34. Reduction of mnintcnnnce grunt to the University of Melbourne.

3 9 . (1) The Governor in Council may make regulations prescribing such matters and things as are authorized to be prescribed or as are necessary or convenient to be prescribed for giving effect to the 'provisions of this Part.

(2) All such, regulations shall be published in the Government, Gazelle, and shall be laid before both Houses of Parliament within fourteen davs 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.

PART IV.—MISCELLANEOUS.

4 0 . (1) In respect of the financial years ending on the thirtieth day of June One thousand nine hundred and thirty-two and the thirtieth day of June One thousand nine hundred and thirty-three the Licensing Act 1928 shall be read and const rued and take effect as if for section three hundred and twelve of the said Act there were substituted the following section :-—

"312. Where after paying or providing for the requirements of the last preceding section the moneys remaining in the Licensing Pund—

(a) on the thirtieth day of June One thousand nine hundred and thirty-two are greater than the moneys therein on the first day of July One thousand nine hundred and thirty-one ; or

(b) on the thirtieth day of June One thousand nine hundred and thirty-three are greater than the moneys therein on the first day of July One thousand nine hundred and thirty-two—

the surplus shall be transferred to the consolidated revenue."

(2) Without prejudice to any other method of citation, the Licensing Act 1028 and any Acts amending the same and this section of this Act may be cited together as the Licensing Acts.

4 1 . (1) Section thirty-two of the University Act 1928 shall be read and construed and take effect as if, with respect to and during the period commencing on the first day of July One thousand nine hundred and thirty-one and ending on the thirtieth, day of June One thousand nine hundred and thirty-three, in the said section for the words " Forty-five thousand pounds " there were substituted the words " Thirty-six thousand pounds'".

(2) Section

22 GEO. V.] Financial Emergency. [No. 3961

(2) Section thirty-four of the University Act 1928 shall be read and construed and take effect as if, with respect to and during the period commencing on the first day of July One thousand nino hundred and thirty-one a the thirtieth day of June One thousand nine

51

Reduction ol grant for maintenance of School of Commerce <to.

11(1

i;he Maid section were amendcc 1 as

ending on hundred and follows, that thirty-three,

is to say:— (a) As if for the words " Eight thousand five hundred

pounds" (wherever occurring) there were substituted the words " Six thousand eight hundred pounds" ; and

(b) As if for the words " Two thousand pounds" there were substituted the words "One thousand six hundred pounds''.

(3) Section three of the University Act Amendment Act 1930 shall be read and construed and take effect as if, witli respect to and during the period commencing the first day of July One thousand, nine hundred and thirty-one and ending on the thirtieth day of June One thousand nine hundred and thirty"-three, the said section were amended as follows, that is to say :—

(a) As if for the words " Three thousand five hundred pounds " there were substituted the words " Two thousand eight hundred pounds " ;

(b) As if for the words " Two thousand seven hundred pounds " there were substituted the words " Two thousand one hundred and sixty pounds " ;

(c) As if for the words " Eight hundred pounds " there were substituted"the words "Six hundred and

. forty pounds " ; and (d) As if in sub-section (3) thereof—

(i) for the words " five financial years aforesaid " there were substituted the words " two financial years commencing on the first day of July One thousand nine hundred and thirty-one " ; and

(ii) for the words " Four hundred pounds " there were substituted the words "Three hundred and twenty pounds."

(4) Without prejudice to any other method of citation the University Act 1928 and the Act amending the same and this section of this Act may be cited together as the University Acts.

4 2 . (1) Paragraph

Modification of No. 3942 a. 3. Reduction of urant to Univorflltyfor research &c. In connexion with a veterinary research Inotitute.

Citation of Noe. 3795,3942, and thia section.

I


Modification of No. 8043 8.2(1) as amended by No. SOU 8. 2. Reduction of grant, for purposes! of agricultural education and research.

Reduction of grant for agricultural colleges.

No. 3(511 First Schedule.

Reduction of pan t for investigations Ac. as to Irrigation. No. 3611 8econd Schedule.

Repeal of grant for buildings Ac. for Investigations &c. as to Irrigation. Citation of Nos. 3043, 3147 B. 3, n'lOi, 8flll find thin section.

Municipal endowment not payable for financial vear 1031-32.' 8ee No. 8743 88. 6, 7.

Comp. No. 3040 s. 2.

4 2 . (1) Paragraph (b) of sub-section (1) of section two of the Agricultural Education Act 1919 as amended by section two of the Agricultural Education Acts Amendment Act 1928 shall be read and construed and take effect as if, with respect to and during the period commencing on the first day of July One thousand nine hundred and thirl:y-ono and ending on the thirtieth day of June One thousand nine hundred and thirty-three, the said paragraph wore amended as follows, that is to say:—

(a) As if for the words "Six thousand pounds'' there were substituted the words "Four thousand eight hundred pounds" ; and

(b) As if for the words "Five hundred pounds" there were substituted the words " Four hundred pounds".

(2) Notwithstanding anything in the Agricultural Education Acts—

(a) instead of the sum of Three thousand, pounds referred to in the First, Schedule to the Agricultural Education Acts Amendment Act 1928 there shall in the financial year beginning on the first day of July One thousand nine hundred and thirty-one be issued and applied out of the consolidated revenue and paid to the council of agricultural education the sum of Two thousand four hundred pounds ; and

(b) instead of the sum of Two thousand pounds referred to in paragraph (2) of the Second Schedule to the said Act there sliall in the financial year beginning on the first day of July One thousand nine hundred and thirty-one be issued and applied out of the consolidated revenue the sum of One thousand six hundred pounds.

(3) Paragraph (1) of the Second Schedule to the said Act is hereby repealed.

(4) Without prejudice to any other method of citation, the Agricultural Education Act 1911) and any Act and enactment amending the same and. this section of this Act may be cited together as the Agricultural Education Acts.

4 8 . (1) Notwithstanding anything to the contrary in the Municipal Endowment Act 1928, no moneys for the endowment of municipalities shall pursuant to the said Act

be

GEO. V.] Financial Emergency. [No. 3961 53

be payable out of the consolidated revenue for the financial year commencing on the first day of July One thousand nine hundred and thirty-one.

(2) This section shall be read and construed as one with construction the Municipal Endowment Act. 1928 and any Acts amending jfoV^^sJas, the same all of which Acts and this section of this Act 3onndfchl8

may bo cited together as the Municipal Endowment Acts. (3) This section shall be deemed to have come into coming into ' . i f, i r T i r\ i i I T operation of

operation on the first day oi July One thousand nine hundred Ration, and thirty-one.

4 4 . (1) Sub-section (2) of section thirty-seven of the Forests Act 1928 shall be read and construed and take effect as if. with respect to and during the period conmiencing on the first day of July One thousand nine hundred and thirty-one and ending on the thirtieth, day of June One thousand nine hundred and thirty-two, in the said section for the words SlKorty thousand pounds" there were substituted the words ''Thirty-two thousand pounds."

(2) Without prejudice to any other method, of citation, the Forests Act 1928 and the Act amending the same and this section of this Act may be cited, together as the Forests Acts.

Modification oi No. 3085 a. 37. Reduction of appropriation to tho Forestry Fund.

Citation of Noa. 3685. 3873 and this section.

4 5 . Section seven of The Protection of Public Buildings Act 1885 shall, as on from and after the first day of July One thousand nine hundred and thirty-one, be hereby repealed.

4 6 . (1) In respect of any loan raised during the period commencing on the first day of July One thousand nine hundred and thirty-one and ending on the thirtieth day of June One thousand nine hundred and thirty-five by the State of Victoria or by the Commonwealth of Australia for and on behalf of the State of Victoria to meet a revenue deficit, the provisions of section eight of the Commonwealth and Slates Financial Agreement Act '1927 shall be read and construed and have effect as if in the said section for the words " ten per centum per annum" there were substituted the words " four per centum per annum."

(2) Without prejudice to any other method, of citation.' the Commonwealth ami Stales Financial Agreement Act 1927 and the Debt Conversion Agreement Act 1031 and. this section of this Act may be cited together as the Commonwealth and States Financial Agreements Acts.

SCHEDULES.

Itopoal of No. 836 B. 7. Cessation of payment of interest on certain moneys taken out of the Assurance Fund under the Transfer of Land Act*.

Modi (1 cat ion of No. 3554 H. 8. Sinking fund f.ontriimtlon In case of loan covering revenue deficit.

Cninp. No. 3554 First Schedule I'urt H L el. I! (j).

Citation of Noa. 3554, 3953 and this section


SCHEDULES.

Section* 4,8, 10,11

FIRST SCHEDULE. RATE OF REDUCTION TO BE MADE • IN

OF RESPONSIBLE MINISTERS OFFICERS PUBLIC SERVICE AND CERTAIN OTHER

THE PAY OF THE OFFICERS

AND PERSONS FOR THE FINANCIAL YEAR 1931-32.

Number of (iroup.

1 2 3 4 5 0 7 8 9

10 11 12 13 14 15 10 17

Hate of l'ny per annum.

Not oxeoeding £100 Exceeding £100 and not exceeding £225 . . Exceeding £225 and not exceeding £200 . . Exceeding £200 and not exceeding £312 . . Exceeding £312 nnd not exceeding £304 . . Exceeding £304 and not. exceeding £410 . . Exceeding £410 and not exceeding £520 . . JCxceeding £520 and not exceeding £024 . . Exceeding £024 and not oxeoeding £728 . . Exceeding £728 and not exceeding £832 . . Exceeding £832 and not oxeeoding £1,000 Exceeding £1,000 and not oxeeoding £1,250 Exeooding £1,250 and not oxeeoding £1,500 Exceeding £1,500 and not exceeding £2,000 Exceeding £2,000 and not oxeeoding £2,500 Exeooding £2,500 and not exceeding £3,000 Exceeding £3,000

H'Uo of Reduction.

l'or centum. 0 11A 14.1 17 18A 10 19* 20 20 .V 2l" 2U 22 23 24 25 20 27

Provided that the rate of pay of any person in Group 3 shall not be reduced to a rate of pay lower than £200 per annum.

SECOND

22 GEO. V.] Financial Emergency, [No. 3961 55

SECOND SCHEDULE.

I! ATE OF REDUCTIONS TO BE MADE IN CERTAIN PENSIONS FOR THE FINANCIAL YEAR 1031-32.

Sections 4,13.

Kate of Pension per annum. Group.-..

Over £104and not £105 £100 <:i07 £I0S £10!) £110

nn £112

m:$ s:ii4 £ 115 £116 £117 £118 ei 10 t:i20 £121 £123 £125 £130 £135 £140 £145 £150 £155 £230 £240 £250 £260 £270 £280 £290 £300 £310 £320 £330 £340 £350 £300 £370 £380 £390 £400 £410 £420 £430 £440 £450 £460 £470 £480 £400 £500 £520 £540 £560 £580 £600

exceed

i»

t >

> t

i J

» t

»» t t

rf

t t

9 t

t y

i t

11

f f

t t

11

If

11

tt

It

t t

It

11

11

t t

11

t t

t t

if

>f

>» 11

t t

>f

f f

»f

11

t t

* t

f »

11

f f

f P

t t

t t

9 t

t t

t t

t t

> I

t 1

t 9

t t

t t

t t

t f

» t

t f

nig £105 £106 £107 £108 £109 £110 £111 £112 £113 £114 £115 £116 £117 £118 £119 £120 £121 £123 £125 £130 £135 £140 £145 £150 £155 £230 £240 £250 £260 £270 £280 £290 £300 £310 £320 £330 £340 £350 £360 £370 £380 £390 £400 £410 £420 £430 £440 £460 £460 £470 £480 £490 £500 £520 £540 £560 £580 £600 £620

'.,,11 •

to: •*'

I • • -

ltate of Reduction.

Per centum. •95

1-89 2-8 3-7 4-59 5-45 G-31 7-14 7-96 8-77 9-57 10-34 11-11 11-75 12 12-25 12-5 12-75 13 13-5 14 14-5 15 15-5 16 10-5 16-55 10-0 16-65 16-7 16-8 16-9 17 17-1 17-2 17-3 17-4 17-5 17-0 17-7 17-8 17-9 18 18-2 18-4 18-6 18-8 19 19-2 19-4 19-6 19-8 20 20-2 20-4 20-6 20-8 21 21'2

- 3 SECOND

22 GrEO. V.] Financial Emergency. [No. 3961

SECOND SCHEDULE—continued.

KATE OP EEDUOTIONS TO BE MADE IN CERTAIN PENSIONS FOR THE FINANCIAL YEAR 1931-32—continued.

Over £620 and not „ £640 „ £660 „ £680 , , £700 „ £720 „ £740 „ £760 „ £780 „ £800 , , £820 ,, £840 , , £860 „ £880 „ £900 , „ £920 , „ £940 , „ £960 , „ £980 ,

>» >» >> tr

y f

>> n

>» »» >» >> » » t

t

t

t

f

Rate of Tension per annum.

exoeedi >» »» »> >» > i

t>

f»

»> »» »» »» >» f »

>» »» >> f »

> t

Groups.

ng £640 £660 £680 £700 £720 £740 £760 £780 £800 £820 £840 £860 £880 £900 £920 £940 £980 £980

£1,000

• • • •

• • • • • • • • t • • •

• • • • • • • • • • • • • • • • • • • • • • • •

• • • » • • • • • * • • • • • • • • • • • • • • • • * • « • • •

. •

Itato of Reduction.

Per centum. 21-4 21-6 21-8 22 1 0 . O

22-4 22-6 22'8 23 23-2 2 3 4 23-6 23-8 24 24-2 24-4 24.6 24.8 25

Provided that the rate of any such pension shall not be reduced below £104 per annum.

In thia Schedule roferencca to pensions shall (whore the case so requires) be deemed to include references to superannuation or retiring allowances.

Documents

No. 3961. - Australasian Legal Information · PDF filerevenue made by Part 4 of Schedule 1) to ... [No. 3961 29 deemed to be the total amount of such pay emoluments remuneration and