Table Of Contents

Liens on Crops of Sugar Cane Act 1931

Queensland Crest
Liens on Crops of Sugar Cane Act 1931
Queensland Liens on Crops of Sugar Cane Act 1931 Reprinted as in force on 1 July 2009 Reprint No. 3C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal Repealed by 2010 Act No. 44 s 35
Information about this reprint This Act is reprinted as at 1 July 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Liens on Crops of Sugar Cane Act 1931 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Application of s 2 to certain instruments . . . . . . . . . . . . . . . . . . . 4 3A Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Charge on crop to be created by instrument . . . . . . . . . . . . . . . . 4 5 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Application for registration of lien . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Application for renewal of registration of lien . . . . . . . . . . . . . . . . 5 7A Registration, or renewal of registration, of lien . . . . . . . . . . . . . . . 6 7B Expiry of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7C Inspecting the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7D Copies of instrument creating lien . . . . . . . . . . . . . . . . . . . . . . . . 7 7DA Registration of confiscation orders . . . . . . . . . . . . . . . . . . . . . . . . 7 7E Application for registration of assignment of registered lien . . . . . 8 7F Registration of assignment of a registered lien . . . . . . . . . . . . . . 8 7G Effect of failure to register lien . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7H Priority given from time of registration . . . . . . . . . . . . . . . . . . . . . 9 7I Priority of liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7J Application for discharge of registered lien. . . . . . . . . . . . . . . . . . 10 7K Registration of discharge of registered lien . . . . . . . . . . . . . . . . . 10 7L Duty after lien fully discharged . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7M Lienor may seek registration of discharge or change in particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7N Changes to particulars in register . . . . . . . . . . . . . . . . . . . . . . . . 12 7O Correction of errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7P Application of compensation provision . . . . . . . . . . . . . . . . . . . . . 13 7Q Compensation for loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Liens on Crops of Sugar Cane Act 1931 Contents 7R Chief executive to be satisfied duty has been accounted for . . . . 8 Power of lienee where lienor neglects to pay off the moneys secured by lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Application of proceeds of sugarcane . . . . . . . . . . . . . . . . . . . . . 11 Further provisions regarding liens . . . . . . . . . . . . . . . . . . . . . . . . 12 Provisions as to priority where 2 or more liens given . . . . . . . . . . 13 Effect of harvesting crop on lien . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Liens not affected by sale etc. of land . . . . . . . . . . . . . . . . . . . . . 17 Notice of lien to be given to mill owner . . . . . . . . . . . . . . . . . . . . . 23 Relationship of other Acts to liens under this Act . . . . . . . . . . . . . 23A False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 23B False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 23C Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23D Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23E Arrangements for fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Transitional provisions about register—Bills of Sale and Other Securities Amendment Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 27 Transitional provision about registered instruments—Bills of Sale and Other Securities Amendment Act 1999. . . . . . . . . . . . . 28 Transitional provisions about existing liens—Bills of Sale and Other Securities Amendment Act 1999 . . . . . . . . . . . . . . . . . . . . 29 Transitional provision about expiry of registered liens—Bills of Sale and Other Securities Amendment Act 1999. . . . . . . . . . . . . 30 Saving of priority—Bills of Sale and Other Securities Amendment Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 16 17 18 18 18 19 19 20 20 20 21 21 21 22 22 22 22 23 23 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 25 25 26 26 29 34 Page 2
Liens on Crops of Sugar Cane Act 1931 [s 1] Liens on Crops of Sugar Cane Act 1931 [as amended by all amendments that commenced on or before 1 July 2009] An Act to amend the laws relating to liens upon crops of sugar cane, and for other purposes consequent thereon 1 Short title This Act may be cited as the Liens on Crops of Sugar Cane Act 1931 . 2 Definitions In this Act— crop means a crop of sugarcane being grown or to be grown for the purpose of being harvested in any one harvesting season. incorrect information see section 7P(e)(ii). lien means the charge (made enforceable under this Act when registered and while subsisting) whereby any crop and the proceeds thereof become security for the discharge of any debt or obligation. lienee means a person to whom a lienor gives a lien, or to whom a lien is assigned as provided by this Act, or on whom a lien devolves by operation of law. lienor means any owner of a crop who gives a lien as provided by this Act. official means the chief executive, an officer or employee of the department, or a public service employee to whom the chief executive delegates powers for this Act. Reprint 3C effective 1 July 2009 Page 3
Liens on Crops of Sugar Cane Act 1931 [s 3] owner of a crop means a person growing or intending to grow a crop who has any legal or equitable right or interest therein and includes a person who is entitled to emblements. owner of a mill means a person owning or having control of a sugar-mill. printed search result see section 7C. register means the register kept under section 5. registered means included in the register. unregistered lien means a lien that— (a) is not registered under this Act; or (b) has expired. 3 Application of s 2 to certain instruments Section 2 applies to instruments made or executed under this Act, unless the contrary intention appears. 3A Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the Commonwealth and the other States. 4 Charge on crop to be created by instrument (1) An owner of a crop may charge the crop as security for the payment or satisfaction of any debt or liability (whether past or present or future, and whether vested or contingent), by signed instrument. (2) The instrument— (a) must adequately identify the land on which the crop intended to be charged is growing or is about to grow; and (b) must be witnessed. Page 4 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 5] 5 Register (1) The chief executive must keep a register of liens. (2) The register must include the following particulars in relation to each lien included in the register— (a) the name and address of the lienee and the lienor; (b) the day and time the particulars are included in the register; (c) other particulars that may be prescribed under a regulation. (3) The lien is registered when the particulars are included in the register. 6 Application for registration of lien (1) An application for the registration of a lien must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. (2) The application must include a description of the land to which the lien relates. (3) The chief executive is not required to inquire into the validity of information supporting the application. 7 Application for renewal of registration of lien (1) An application for the renewal of registration of a lien must— (a) be made in the way prescribed under a regulation; and (b) nominate the day the lien expires; and (c) be accompanied by the fee that may be prescribed under a regulation. (2) The chief executive is not required to inquire into the validity of information supporting the application. (3) The registration of a lien must be renewed before the registration expires. Reprint 3C effective 1 July 2009 Page 5
Liens on Crops of Sugar Cane Act 1931 [s 7A] 7A Registration, or renewal of registration, of lien (1) If the chief executive is satisfied that an application for the registration, or renewal of the registration, of a lien is properly made, the chief executive must register, or renew the registration of, the lien by including in the register the relevant particulars mentioned in section 5(2). (2) Applications for registration, or renewal of registration, of liens must be registered in the order of time of lodgment with the chief executive. 7B Expiry of registration (1) A registration of a lien after the commencement of this section expires on the day nominated by the lienee in the application for registration as the day the lien expires. (2) In this section— registration includes renewal of registration. 7C Inspecting the register (1) On payment of the fee that may be prescribed under a regulation, a person may inspect the register or get a copy of particulars in the register (a printed search result )— (a) at an office of the department, or an office of another department, prescribed under a regulation when the office is open to the public; or (b) by using a computer under arrangements approved by the chief executive. Example — The chief executive may approve arrangements under which a person is given access to particular information held electronically by the department to allow the person to perform a search from a remote location and print the printed search result on the person’s printer. (2) A printed search result may, on application to the chief executive and payment of the fee that may be prescribed under a regulation, be certified by the chief executive. Page 6 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 7D] (3) A printed search result certified by the chief executive is evidence of the matters stated in it. (4) In this section— computer means a mechanical, electronic or other device that processes data. 7D Copies of instrument creating lien (1) The lienee must, at the written request of the lienor, give the lienor a copy of the instrument creating the lien. Maximum penalty—30 penalty units. (2) For subsection (1), the copy must be given— (a) within 14 days, if the original came into existence 1 year or less before the request is given; or (b) within 30 days, if the original came into existence more than 1 year before the request is given. (3) The copy may be a computer generated facsimile containing the same information contained in the original document. (4) The lienee may charge a reasonable amount for providing the copy, which must not be more than the actual cost of providing the copy. 7DA Registration of confiscation orders (1) A confiscation order made in relation to a security interest registered under this Act or creating a charge over a security interest registered under this Act may be registered. (2) If the confiscation order is a restraining order, registration of the order has effect for the duration of the restraining order. (3) Otherwise, registration has effect until the confiscation order is discharged. (4) The chief executive must, on receipt of a request accompanied by a certified copy of the order, include in the register particulars of the order for the security interest that may be prescribed under a regulation. Reprint 3C effective 1 July 2009 Page 7
Liens on Crops of Sugar Cane Act 1931 [s 7E] (5) In this section— confiscation order means any of the following under the Criminal Proceeds Confiscation Act 2002— (a) a restraining order; (b) a forfeiture order; (c) a pecuniary penalty order; (d) a proceeds assessment order. 7E Application for registration of assignment of registered lien (1) An assignment of a registered lien may be registered, but is not required to be registered. (2) An application for registration of the assignment of a registered lien must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. (3) The chief executive is not required to inquire into the validity of information supporting the application. 7F Registration of assignment of a registered lien (1) If the chief executive is satisfied that an application for registration of the assignment of a registered lien is properly made, the chief executive must register the assignment by including in the register particulars of the assignment. (2) Applications for registration of assignments of registered liens must be registered in the order of time of lodgment with the chief executive. Page 8 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 7G] 7G Effect of failure to register lien (1) An unregistered lien has no effect against a person who is not a party to the instrument creating the lien. (2) Subsection (1) is subject to section 7I(3). 7H Priority given from time of registration A registered lien has priority, for any title to, or right to possession of, crops conferred by the lien, according to the time of its registration. 7I Priority of liens (1) A registered lien over a crop ranks in priority over an unregistered lien over the same crop. (2) A registered lien over a crop ranks in priority over another registered lien over the same crop according to the order of registration. (3) An unregistered lien over a crop ranks in priority over a registered lien over the same crop if— (a) under the unregistered lien the lienee takes possession of the crop; and (b) the taking of possession happens before the registered lien is registered. (4) Despite the Property Law Act 1974 , section 82, the priority given to a lien under this section has effect for all amounts, including further advances, owing by the lienor to the lienee under the lien. (5) Subsections (1), (2), (3) and (4) apply subject to the following— (a) section 12; (b) the Corporations Act; (c) an agreement between the lienees holding the liens. Reprint 3C effective 1 July 2009 Page 9
Liens on Crops of Sugar Cane Act 1931 [s 7J] (6) It is declared that the priority given to registered liens under this section applies only to liens created after the commencement of this section. 7J Application for discharge of registered lien (1) The lienee may apply for the full or partial discharge of a registered lien. (2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. (3) The chief executive is not required to inquire into the validity of information supporting the application. (4) In this section— partial discharge , of a registered lien, means— (a) a discharge of a lienor under the lien from the lienor’s performance of a stated part of the lienor’s obligation under the lien; or (b) if the lien relates to a number of crops—a discharge of the lien in relation to any of the crops. 7K Registration of discharge of registered lien If the chief executive is satisfied that an application for a full or partial discharge of a registered lien is properly made, the chief executive must register the discharge by— (a) including in the register the particulars that may be prescribed under a regulation; and (b) doing anything else that may be prescribed under a regulation. Page 10 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 7L] 7L Duty after lien fully discharged The lienee under a registered lien at the time the lien is fully discharged must, within 14 days after the lien is fully discharged— (a) file an application under section 7J for the full discharge of the lien; and (b) do anything else that may be necessary to effect the registration of the discharge. Maximum penalty—20 penalty units. 7M Lienor may seek registration of discharge or change in particulars (1) A lienor may, in relation to a registered lien, ask the lienee— (a) to file an application under section 7J for the full or partial discharge of the lien if the lien has been fully or partially discharged; or (b) to join with the lienor to file an application under section 7N to change the particulars in the register. (2) A lienee who receives a request under subsection (1) must, within 30 days after receiving the request— (a) file the application or join with the lienor in filing the application; or (b) apply to a Magistrates Court for an order maintaining the registration. (3) If, at the end of the time allowed under subsection (2), the lienee has not complied with subsection (2)(a) or (b), the lienor may ask the chief executive in the approved form to give the lienee a notice under subsection (4). (4) The notice must state that, unless the lienee obtains a court order maintaining the registration before the end of the notice period, at the end of the notice period— (a) the discharge will be registered; or (b) stated particulars will be changed under section 7N. Reprint 3C effective 1 July 2009 Page 11
Liens on Crops of Sugar Cane Act 1931 [s 7N] (5) If a lienee who has been given notice under subsection (4) has not— (a) filed an application for the discharge or the change to particulars in accordance with the request under subsection (1); or (b) given the chief executive a copy of a court order maintaining the registration; before the end of the notice period, the chief executive must register the discharge or change the particulars included in the register as requested. (6) On application by the lienee, the court may make any of the following orders— (a) an order that the registration be maintained; (b) an order that the discharge be registered; (c) an order that the particulars included in the register be changed; (d) another order, including an order for costs, the court considers appropriate. (7) In this section— notice period means a period of 30 days after giving a notice under subsection (4). 7N Changes to particulars in register (1) A lienee may apply to the chief executive to change stated particulars included in the register relating to the lien. (2) The application must be— (a) made in the way prescribed under a regulation; and (b) accompanied by the fee that may be prescribed under a regulation. (3) The chief executive may change the particulars and must include in the register the date on which the particulars were changed. Page 12 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 7O] (4) If the change is other than a change of a minor and non-controversial nature, the chief executive may require the application to be made jointly by the lienee and lienor. 7O Correction of errors (1) This section applies if the chief executive is satisfied that an error, omission or failure to comply with this Act has happened in relation to— (a) a registered lien; or (b) the register. (2) The chief executive must do everything necessary to correct the error, omission or failure. 7P Application of compensation provision Section 7Q applies if a person suffers loss because— (a) a lien in relation to which an application for registration had been filed with the chief executive had not been registered; or (b) particulars of a lien were incorrectly entered in the register; or (c) a lien had been discharged incorrectly under section 7M; or (d) a discharge of a lien under section 7M, of which the chief executive has notice, had not been included in the register; or (e) the person— (i) searches the register for a lien or particulars of a lien and there is an error in the register because of a negligent act or omission by the chief executive (the incorrect information ); and (ii) relies on the incorrect information contained in a printed search result. Reprint 3C effective 1 July 2009 Page 13
Liens on Crops of Sugar Cane Act 1931 [s 7Q] 7Q Compensation for loss (1) A person who suffers loss for a reason stated in section 7P may apply to the accountable officer for payment of compensation to the person. (2) The accountable officer may make a payment to the applicant under the Financial Accountability Act 2009 , section 72. (3) The accountable officer must not make a payment in relation to a loss for a reason mentioned in section 7P(e) if the applicant, at the time of suffering the loss— (a) had actual notice of the lien; or (b) had been put on inquiry as to the existence of the lien and had abstained from inquiry or further inquiry when the person might reasonably have expected the inquiry or further inquiry to reveal the lien. (4) Compensation paid under section 7P(a), (b), (c) or (d) must not be more than, after discounting for any GST payable on any supply relating to the payment of the compensation, the lesser of the following, worked out as at the time the loss was suffered— (a) the amount of the debt or other pecuniary obligation or the value of any other obligation secured by the lien; (b) the value of the crop in which was held the lien in relation to which compensation was applied for. (5) Compensation paid under section 7P(e) must not be more than, after discounting for any GST payable on any supply relating to the payment of the compensation, the actual loss attributable to reliance by the person on the incorrect information, worked out as at the time the loss was suffered. (6) The accountable officer must give to the person written notice of the decision on the application and the reasons for the decision. (7) In this section— accountable officer means the accountable officer of the department under the Financial Accountability Act 2009 . Page 14 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 7R] 7R Chief executive to be satisfied duty has been accounted for (1) If an instrument or transaction relating to a lien is imposed with duty under the Duties Act 2001 , the chief executive may deal with the lien under this Act only if the chief executive is satisfied that duty on the instrument or transaction has been paid or accounted for under that Act. (2) The chief executive may assume duty on the instrument or transaction has been paid or accounted for if the person asking the chief executive to deal with the lien states, in writing, that the duty has been paid or accounted for under that Act. 8 Power of lienee where lienor neglects to pay off the moneys secured by lien (1) If a lienor, the lienor’s executors, administrators, or assigns shall neglect or refuse either to pay off the whole of the moneys secured by a lien upon such crop with interest as agreed upon as aforesaid, or to give up such crop to such lienee in pursuance of such lien, such lienee, the lienee’s executors, administrators, or assigns may himself or herself or by his or her servants or agents, and upon giving notice to the owner of any sugar-mill to which the lien or supplies the crop from any land included the lands described in the lien, enter upon such land and cultivate, gather, carry away, and sell such crop or crops to the owner of such sugar-mill or to any other person in the manner and subject to the same conditions and to the same effect as the lienor could lawfully have sold the same. (2) However, if such lienor be a tenant then the lienee shall before carrying away any such crop pay to the landlord of the land whereon such crop shall be growing such sum of money as may be due to the landlord for rent at the time of carrying away such crop, provided that the sum so paid shall not exceed 1 year’s rent. (3) In addition, if at the time of the registration of such lien there be in force a mortgage or a contract for the purchase by the lienor of the land whereon such crop shall be growing and the land shall at the time of harvesting be in the occupation of the Reprint 3C effective 1 July 2009 Page 15
Liens on Crops of Sugar Cane Act 1931 [s 9] mortgagee or the vendor, such lienee shall before carrying away and selling any such crop pay to the mortgagee or to the vendor the amount of interest, not, however, exceeding 12 months interest, due upon such mortgage or such contract of sale at the time of carrying away and selling such crop. 9 Application of proceeds of sugarcane (1) The purchaser of any sugarcane, whether such purchaser is the owner of a mill or not, shall after production to such purchaser of any duly registered lien given over such sugarcane apply the proceeds so far as they are available of all such sugarcane so purchased in such order, and such proceeds are deemed to be charged to such extent as follows, that is to say— (a) when an owner of a mill has become entitled to any costs of harvesting or other expenses incidental thereto, then in repaying such costs to such owner together with any amount which the owner may with the consent of the lienee have advanced to any person or may himself or herself otherwise than as aforesaid have paid or incurred for the purpose of harvesting such crop; (b) in paying to the lienee any sum or sums paid by the lienee under section 8 to a landlord or to a mortgagee or to a vendor for rent or interest; (c) unless otherwise stated in the instrument creating the lien, in paying to the lienee any amount paid or incurred for wages or otherwise by the lienee in cultivating or harvesting and carrying away the sugarcane covered by the lienee’s lien; (d) when the purchaser is the owner of a mill, in paying the fees or charges as such owner may lawfully deduct from such proceeds; (e) in paying to the lienee any amount due and owing to such lienee for any moneys secured by such lien; (f) however, where a lien is given to the extent of a stated percentage of the proceeds of a crop of sugarcane or a stated amount per ton of such crop, then such purchaser Page 16 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 11] shall under this subsection pay to such lienee such stated percentage only of such proceeds as are available from time to time, or such amount on each ton of cane so realised, as the case may be, towards the satisfaction of the principal moneys and interest secured by the said lien; (g) in paying to any second or subsequent lienee in like manner as aforesaid, and in order of the priority of the registration of their respective liens any moneys paid by such lienee for rent or interest under this Act and any amount paid or incurred for wages or otherwise for cultivating or harvesting and carrying away such sugarcane, and any moneys secured by such liens. (2) However, where the sugarcane is harvested by the lienor the purchaser may, if so requested by the lienor, and with the consent of the lienee or the lienee’s agent, endorsed upon the instrument creating the lien, advance to the lienor such amount as may reasonably be necessary for payment by the lienor of wages due and payable by the lienor to any employees for harvesting any sugarcane covered by the lien. (3) Subject to subsections (1) and (2) and subject to any equities affecting such proceeds of which such purchaser shall have had notice, such purchaser shall pay the proceeds of such sugarcane to the lienor. 11 Further provisions regarding liens Where a lien is given to secure the payment with or without interest of purchase money under an agreement of sale of the land upon which the crop or crops given as security is or are growing or to grow, or to secure the payment with or without interest of a debt owing under a mortgage of such land, or to secure any rent or royalty payable under a lease of such land and where such lien shall contain as a schedule thereto or embodied therein a true copy of such agreement for sale or such mortgage or lease, such lien may be given over the crop or crops growing or to grow on the said land in any year or in any year and any subsequent year or years, but such lien shall not continue in force longer than that period specified in the Reprint 3C effective 1 July 2009 Page 17
Liens on Crops of Sugar Cane Act 1931 [s 12] instrument of lien as being the period for which the lien is to continue in force unless renewed under section 7. 12 Provisions as to priority where 2 or more liens given (1) Where 2 or more liens given by way of collateral security to mortgages over the same land shall be renewed they shall take effect as between themselves in the same order of priority as such mortgages and not in the order of the registration of such liens, but no lien given to secure purchase money with or without interest under any agreement of sale, or given as collateral security to a second or subsequent mortgage, or given to secure any rent or royalty payable under a lease shall be renewed after a prior vendor mortgagee or lessor has lawfully entered into possession of such land, unless at the time of the renewal of such lien there shall be filed a written consent thereto signed by such prior vendor or mortgagee or lessor. (2) However, subsection (1) does not affect the priority of a lien whose registration is renewed because of section 13(1). 13 Effect of harvesting crop on lien (1) A lien over a crop that, when the lien expires, has not been fully harvested, may be renewed under section 7. (2) However, if the crop covered by a lien is fully harvested when the lien expires under section 7B, it is not necessary to renew the lien for the lien to remain effective against the proceeds of the crop. 15 Liens not affected by sale etc. of land No lien given in good faith and for valuable consideration and duly registered shall be extinguished or otherwise prejudicially affected by any sale, assignment, partition, lease, agreement for a lease, mortgage, or encumbrance of or other dealing with the land on which any such crop may be growing or shall be grown, or by the surrender of any lease, or by the death of the lienor, or by any re-entry or foreclosure by any Page 18 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 17] vendor, lessor, mortgagee, or encumbrancee or other person than a lienee entitled thereto under this Act. 17 Notice of lien to be given to mill owner (1) This section applies if— (a) a lienee holds a lien over a crop that is growing, or will be grown; and (b) the lien is registered; and (c) the lienee after the registration, or the renewal, transfer or assignment of the registration, gives to the owner of the mill a certified printed search result relating to the registration, renewal, transfer or assignment. (2) The lienee or the assignee under the lien is entitled to be paid from the proceeds of the crop then next available the amount secured by the lien to the extent the proceeds allow. (3) If the lien is discharged, the lienee must give to the owner of the mill a certified printed search result relating to the discharge of the registration as soon as possible after the discharge is registered. (4) The owner of the mill is not affected by the registration, renewal, assignment, transfer or discharge of the lien until a certified printed search result relating to the registration, renewal, assignment, transfer or discharge is given to the owner by the lienee. (5) In this section— assignee includes a transferee. 23 Relationship of other Acts to liens under this Act To remove any doubt, it is declared that a lien under this Act is not a bill of sale under the Bills of Sale and Other Instruments Act 1955 . Reprint 3C effective 1 July 2009 Page 19
Liens on Crops of Sugar Cane Act 1931 [s 23A] 23A False or misleading statements (1) A person must not state anything to an official the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units or 1 year’s imprisonment. (2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without stating which. 23B False or misleading documents (1) A person must not give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units or 1 year’s imprisonment. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the official, to the best of the person’s ability, how it is false, misleading or incomplete; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without stating which. 23C Protection from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State. Page 20 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 23D] 23D Delegations (1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee. (2) In this section— appropriately qualified , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing — a person’s classification level in the public service 23E Arrangements for fees (1) A person may apply to the chief executive for approval of an arrangement for the payment of fees under this Act. Example — An arrangement may be for the payment of fees in advance or in arrears. (2) The application must be— (a) in writing stating the particulars of the proposed arrangement; and (b) accompanied by the fee that may be prescribed under a regulation. (3) If the chief executive approves the proposed arrangement, the person may pay fees under this Act in accordance with the arrangement. 24 Validation (1) It is declared that anything done between 23 April 1999 and 7 May 1999 that would have been validly done or effectual under this Act, had the amending Act commenced on 23 April 1999, is and always was as valid and effectual as if the amending Act had commenced on 23 April 1999. (2) In this section— Reprint 3C effective 1 July 2009 Page 21
Liens on Crops of Sugar Cane Act 1931 [s 25] amending Act means the Bills of Sale and Other Securities Amendment Act 1999 , part 3. done includes, made, applied for, registered, discharged, renewed, given, exercised, charged, established, changed and omitted to be done. 25 Regulation-making power (1) The Governor in Council may make regulations for the purposes of this Act. (2) A regulation may make provision with respect to the prescribing of fees and charges. 26 Transitional provisions about register—Bills of Sale and Other Securities Amendment Act 1999 The register of liens on sugarcane kept under this Act immediately before the commencement of this section from the commencement continues as the register of liens kept under section 5. 27 Transitional provision about registered instruments—Bills of Sale and Other Securities Amendment Act 1999 (1) Each instrument registered under this Act immediately before the commencement of this section is taken to be a registered lien. (2) The particulars of each lien registered in the register of liens on sugarcane immediately before the commencement are taken to be included in the register of liens kept under section 5. 28 Transitional provisions about existing liens—Bills of Sale and Other Securities Amendment Act 1999 (1) This section applies to each instrument registered under this Act before the commencement of this section ( existing liens ). (2) Each existing lien expires as follows— Page 22 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 [s 29] (a) if registered in 1993—5 years after the commencement; (b) if registered in 1994—6 years after the commencement; (c) if registered in 1995—7 years after the commencement; (d) if registered in 1996—8 years after the commencement; (e) if registered in 1997—9 years after the commencement; (f) if registered after 1997 but before the commencement—10 years after the commencement. 29 Transitional provision about expiry of registered liens—Bills of Sale and Other Securities Amendment Act 1999 Section 10(2) of this Act, as in force immediately before the commencement of this section, from the commencement continues to have effect, but only for deciding when the registration of a lien executed before the commencement expires. 30 Saving of priority—Bills of Sale and Other Securities Amendment Act 1999 (1) This section applies to registered liens that immediately before the commencement of this section were instruments registered under this Act. (2) The provisions of this Act for deciding priority, as in force immediately before the commencement, continue to have effect for deciding priority of those registered liens after the commencement. (3) This section applies despite section 7I. Reprint 3C effective 1 July 2009 Page 23
Liens on Crops of Sugar Cane Act 1931 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2009. Future amendments of the Liens on Crops of Sugar Cane Act 1931 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 24 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 2 2A 2B 2C Amendments to 1992 Act No. 40 1995 Act No. 57 1996 Act No. 56 1997 Act No. 38 1999 Act No. 63 2000 Act No. 24 2000 Act No. 46 2001 Act No. 71 2002 Act No. 13 Effective 1 April 1994 28 November 1995 20 November 1996 1 August 1997 10 March 2000 1 July 2000 25 October 2000 1 March 2002 24 April 2002 Reprint date 26 April 1994 2 July 1996 18 December 1996 8 August 1997 16 June 2000 4 August 2000 8 November 2000 1 March 2002 8 May 2002 Reprint No. 2D 2E Amendments included 2002 Act No. 68 2003 Act No. 44 Effective 1 January 2003 1 July 2004 Notes Reprint 3C effective 1 July 2009 Page 25
Liens on Crops of Sugar Cane Act 1931 Endnotes Reprint No. 2F 2G 3 3A 3B 3C Amendments included 2004 Act No. 29 2004 Act No. 3 — — 2008 Act No. 69 2009 Act No. 9 Effective 1 December 2004 1 January 2005 1 January 2005 8 May 2009 22 May 2009 1 July 2009 Notes R2G withdrawn, see R3 provs exp 7 May 2009 5 Tables in earlier reprints Name of table Renumbered provisions Reprint No. 1 6 List of legislation Liens on Crops of Sugar Cane Act 1931 22 Geo 5 No. 37 date of assent 24 December 1931 commenced 11 January 1932 (proc pubd gaz 9 January 1932 p 28) amending legislation— Liens on Crops of Sugar Cane Act Amendment Act 1933 24 Geo 5 No. 4 date of assent 11 October 1933 s 3 commenced 14 January 1932 (see s 3) remaining provisions commenced on date of assent Liens on Crops of Sugar Cane Acts Amendment Act 1951 15 Geo 6 No. 29 date of assent 11 October 1951 commenced on date of assent Liens on Crops of Sugar Cane Acts Amendment Act 1961 10 Eliz 2 No. 47 date of assent 14 December 1961 commenced on date of assent Decimal Currency Act 1965 No. 61 s 11 sch 2 date of assent 23 December 1965 commenced 14 February 1966 (see s 1(2)) Bills of Sale and Other Instruments Act and Other Acts Amendment Act 1971 No. 10 pt 3 date of assent 16 April 1971 commenced 29 January 1973 (proc pubd gaz 27 January 1973 p 355) Liens on Crops of Sugar Cane Act Amendment Act 1975 No. 54 date of assent 4 November 1975 commenced 1 December 1975 (proc pubd gaz 15 November 1975 p 1099) Page 26 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 Endnotes Sugar Experiment Stations Act and Another Act Amendment Act 1981 No. 7 pt 3 date of assent 30 March 1981 commenced on date of assent Administration of Commercial Laws Act and Other Acts Amendment Act 1981 No. 57 pt 8 date of assent 12 June 1981 commenced 1 July 1982 (proc pubd gaz 29 June 1982 p 2101) Corporations (Consequential Amendments) Act 1990 No. 99 s 3.1 sch date of assent 12 December 1990 commenced 1 January 1991 (proc pubd gaz 22 December 1990 p 2270) Sugar Industry Act 1991 No. 20 pt 14 div 4 date of assent 1 May 1991 commenced 15 July 1991 (1991 SL No. 19) Justice Legislation (Miscellaneous Provisions) Act 1992 No. 40 ss 1, 2(1)(e), 163 sch 1 date of assent 14 August 1992 ss 1–2 commenced on date of assent s 2(1)(e) amendments 4–7, 11, 14 commenced 1 April 1994 (1994 SL No. 94) remaining provisions commenced on date of assent Statute Law Revision Act 1995 No. 57 s 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56 pts 1, 13 date of assent 20 November 1996 commenced on date of assent Courts Reform Amendment Act 1997 No. 38 pt 1 sch date of assent 18 July 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 August 1997 (1997 SL No. 235) Bills of Sale and Other Securities Amendment Act 1999 No. 4 pts 1, 3 date of assent 18 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 May 1999 (1999 SL No. 78) Sugar Industry Act 1999 No. 51 ss 1, 2(2), 228 sch 1 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2000 (see s 2(2)) Equity and Fair Trading (Miscellaneous Provisions) Act 1999 No. 63 pts 1, 10 date of assent 6 December 1999 ss 1–2 commenced on date of assent s 77 (amdt could not be given effect) remaining provisions commenced 10 March 2000 (2000 SL No. 36) Reprint 3C effective 1 July 2009 Page 27
Liens on Crops of Sugar Cane Act 1931 Endnotes GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) Equity and Fair Trading (Miscellaneous Provisions) Act 2000 No. 24 pts 1, 10 date of assent 27 June 2000 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Duties Act 2001 No. 71 ss 1–2(1), 551 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 10) Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002 No. 13 s 1, pt 13 date of assent 24 April 2002 commenced on date of assent Criminal Proceeds Confiscation Act 2002 No. 68 ss 1–2(1), 339 sch 4 date of assent 29 November 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2003 (see s 2(1)) Sugar Industry and Other Legislation Amendment Act 2003 No. 44 ss 1, 2(2), pt 3 date of assent 27 August 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2004 (2004 SL No. 71) Sugar Industry Reform Act 2004 No. 3 ss 1, 2(3), 37 sch date of assent 6 May 2004 ss 1–2 commenced on assent remaining provisions commenced 1 January 2005 (see s 2 (3)) Partnership and Other Acts Amendment Act 2004 No. 29 ss 1, 2(2), 58–61 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2004 (2004 SL No. 250) Page 28 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 Endnotes Justice (Fair Trading) Legislation Amendment Act 2008 No. 69 ss 1–2, 107(1) sch date of assent 11 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 22 May 2009 (2009 SL No. 68) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) 7 List of annotations Short title prov hdg amd 1997 No. 38 s 3 sch s 1 amd 1997 No. 38 s 3 sch Definitions prov hdg sub 1999 No. 4 s 26(1) s 2 amd 1999 No. 4 s 26(1) def “Assistant Commissioner” ins 1971 No. 10 s 20 om 1981 No. 57 s 27 def “central district” ins 1992 No. 40 s 163 sch 1 sub 1997 No. 38 s 3 sch om 1999 No. 4 s 26(1) def “Commissioner” ins 1971 No. 10 s 20 om 1981 No. 57 s 27 def “far northern district” ins 1997 No. 38 s 3 sch om 1999 No. 4 s 26(2) def “incorrect information” ins 1999 No. 4 s 26(3) def “northern district” ins 1992 No. 40 s 163 sch 1 sub 1997 No. 38 s 3 sch om 1999 No. 4 s 26(2) def “official” ins 1999 No. 4 s 26(3) sub 2004 No. 29 s 59 def “owner of a mill” amd 1999 No. 4 s 26(4) def “printed search result” ins 1999 No. 4 s 26(3) def “Register” om 1999 No. 4 s 26(2) def “register” ins 1999 No. 4 s 26(3) def “registered” ins 1999 No. 4 s 26(3) def “Registrar” ins 1981 No. 57 s 27 amd 1990 No. 99 s 3.1(1) sch om 1992 No. 40 s 163 sch 1 def “registrar” ins 1992 No. 40 s 163 sch 1 om 1999 No. 4 s 26(2) Reprint 3C effective 1 July 2009 Page 29
Liens on Crops of Sugar Cane Act 1931 Endnotes def “southern district” ins 1992 No. 40 s 163 sch 1 sub 1997 No. 38 s 3 sch om 1999 No. 4 s 26(2) def “unregistered lien” ins 1999 No. 4 s 26(3) Application of s 2 to certain instruments s 3 amd 1971 No. 10 s 24 prev s 3 om 1992 No. 40 s 163 sch 1 pres s 3 ins 1999 No. 4 s 27 Act binds all persons s 3A ins 1999 No. 4 s 27 Charge on crop to be created by instrument prov hdg amd 1992 No. 40 s 163 sch 1 s 4 amd 1971 No. 10 ss 21, 24; 1992 No. 40 s 163 sch 1 sub 1999 No. 4 s 28 Register s 5 sub 1999 No. 4 s 28 Application for registration of lien s 6 amd 1971 No. 10 s 24 sub 1992 No. 40 s 163 sch 1; 1999 No. 4 s 28 Application for renewal of registration of lien s 7 amd 1971 No. 10 s 24 sub 1992 No. 40 s 163 sch 1; 1999 No. 4 s 28 Registration, or renewal of registration, of lien s 7A ins 1999 No. 4 s 28 Expiry of registration s 7B ins 1999 No. 4 s 28 Inspecting the register s 7C ins 1999 No. 4 s 28 sub 2002 No. 13 s 49 amd 2004 No. 29 s 60 Copies of instrument creating lien s 7D ins 1999 No. 4 s 28 Registration of confiscation orders s 7DA ins 2002 No. 68 s 339 sch 4 Application for registration of assignment of registered lien s 7E ins 1999 No. 4 s 28 Registration of assignment of a registered lien s 7F ins 1999 No. 4 s 28 Effect of failure to register lien s 7G ins 1999 No. 4 s 28 Page 30 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 Endnotes Priority given from time of registration s 7H ins 1999 No. 4 s 28 Priority of liens s 7I ins 1999 No. 4 s 28 amd 2001 No. 45 s 29 sch 3 Application for discharge of registered lien s 7J ins 1999 No. 4 s 28 Registration of discharge of registered lien s 7K ins 1999 No. 4 s 28 Duty after lien fully discharged s 7L ins 1999 No. 4 s 28 Lienor may seek registration of discharge or change in particulars s 7M ins 1999 No. 4 s 28 Changes to particulars in register s 7N ins 1999 No. 4 s 28 Correction of errors s 7O ins 1999 No. 4 s 28 Application of compensation provision s 7P ins 1999 No. 4 s 28 amd 2002 No. 13 s 50 Compensation for loss s 7Q ins 1999 No. 4 s 28 amd 2000 No. 20 s 29 sch 3; 2009 No. 9 s 136 sch 1 Chief executive to be satisfied duty has been accounted for prov hdg amd 2001 No. 71 s 551 sch 1 s 7R ins 1999 No. 4 s 28 amd 2001 No. 71 s 551 sch 1 Power of lienee where lienor neglects to pay off the moneys secured by lien s 8 amd 1991 No. 20 s 14.20; 1999 No. 51 s 228 sch 1; 2004 No. 3 s 37 sch Application of proceeds of sugarcane s 9 amd 1991 No. 20 s 14.21; 1999 No. 4 s 29; 1999 No. 51 s 228 sch 1; 2004 No. 3 s 37 sch Restriction as to continuance of lien s 10 sub 1981 No. 7 s 6 om 1999 No. 4 s 30 Further provisions regarding liens s 11 amd 1981 No. 7 s 7; 1999 No. 4 s 31 Provisions as to priority where 2 or more liens given s 12 amd 1999 No. 4 s 32 Reprint 3C effective 1 July 2009 Page 31
Liens on Crops of Sugar Cane Act 1931 Endnotes Effect of harvesting crop on lien s 13 sub 1999 No. 4 s 33 Provision as to renewal of liens s 14 amd 1971 No. 10 ss 22, 24 sub 1981 No. 7 s 8 amd 1981 No. 57 s 28; 1992 No. 40 s 163 sch 1 om 1999 No. 4 s 34 Application of proceeds of crop to costs of sugarcane protection etc. prov hdg sub 1999 No. 4 s 35(1) s 16 amd 1933 24 Geo 5 No. 4 s 2; 1951 15 Geo 6 No. 29 s 2; 1991 No. 20 s 14.22; 1999 No. 4 s 35(2); 1999 No. 51 s 228 sch 1; 2000 No. 46 s 3 sch om 2003 No. 44 s 28 Notice of lien to be given to mill owner s 17 sub 1999 No. 4 s 36 amd 2004 No. 3 s 37 sch Place of registration s 18 amd 1961 10 Eliz 2 No. 47 s 2; 1971 No. 10 ss 23–24; 1981 No. 57 s 29 sub 1992 No. 40 s 163 sch 1 amd 1997 No. 38 s 3 sch om 1999 No. 4 s 37 Assignment or transfer of lien by endorsement s 19 amd 1971 No. 10 s 24 om 1999 No. 4 s 37 Power of search of register for obtaining copies s 20 amd 1971 No. 10 s 24 om 1999 No. 4 s 37 Fees s 21 amd 1961 10 Eliz 2 No. 47 s 4 sub 1965 No. 61 s 11 sch 2; 1975 No. 54 s 3 om 1992 No. 40 s 163 sch 1 Judge may order extension of time or correction of errors s 22 om 1999 No. 4 s 37 Relationship of other Acts to liens under this Act s 23 amd 1933 24 Geo 5 No. 4 s 3 (retro) sub 1999 No. 4 s 38 (2)–(4) exp 7 May 2009 (see s 23(4)) False or misleading statements s 23A prev s 23A ins 1992 No. 40 s 163 sch 1 om 1999 No. 63 s 76 pres s 23A ins 1999 No. 4 s 38 False or misleading documents s 23B ins 1999 No. 4 s 38 Page 32 Reprint 3C effective 1 July 2009
Liens on Crops of Sugar Cane Act 1931 Endnotes Protection from liability s 23C ins 1999 No. 4 s 38 Delegations s 23D ins 1999 No. 4 s 38 amd 2004 No. 29 s 61 Arrangements for fees s 23E ins 2002 No. 13 s 51 Validation s 24 orig s 24 ins 1933 24 Geo 5 No. 4 s 4 om 1995 No. 57 s 4 sch 1 prev s 24 ins 1996 No. 56 s 128 exp 21 November 1996 (see s 24(2)) prev s 24 purported ins 1999 No. 63 s 77 (amdt could not be given effect) exp 31 December 1999 (see s 24(3)) pres s 24 ins 2000 No. 24 s 40 Regulation-making power prov hdg sub 2008 No. 69 s 107(1) sch s 25 ins 1992 No. 40 s 163 sch 1 Transitional provisions about register—Bills of Sale and Other Securities Amendment Act 1999 s 26 ins 1999 No. 4 s 39 Transitional provision about registered instruments—Bills of Sale and Other Securities Amendment Act 1999 s 27 ins 1999 No. 4 s 39 Transitional provisions about existing liens—Bills of Sale and Other Securities Amendment Act 1999 s 28 ins 1999 No. 4 s 39 Transitional provision about expiry of registered liens—Bills of Sale and Other Securities Amendment Act 1999 s 29 ins 1999 No. 4 s 39 Saving of priority—Bills of Sale and Other Securities Amendment Act 1999 s 30 ins 1999 No. 4 s 39 SCHEDULE A—FORM OF AGREEMENT om 1992 No. 40 s 163 sch 1 SCHEDULE B amd 1971 No. 10 s 25; 1981 No. 57 s 29 om 1992 No. 40 s 163 sch 1 SCHEDULE C om 1992 No. 40 s 163 sch 1 Reprint 3C effective 1 July 2009 Page 33
Liens on Crops of Sugar Cane Act 1931 Endnotes 8 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in an editor’s note in the text. © State of Queensland 2012 Page 34 Reprint 3C effective 1 July 2009