Closer Settlement (Winding-Up) Act 1982

Version No. 001

Closer Settlement (Winding-up) Act 1982

Act No. 9798/1982

Version as at 24 February 2003

table of provisions

SectionPage

1.Short title and commencement

2.Repeal and savings

3.Sale of personal property not disposed of

4.Land not disposed of to be treated as unalienated Crown land

5.Land freed of any encumbrances etc.

6.Liability of settler deemed debt due to Crown

7.Transitional provision

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SCHEDULES

SCHEDULE 1—Repeal of legislation relating to closer settlement

SCHEDULE 2—Repeal of legislation authorizing advances to farmers

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 001

Closer Settlement (Winding-up) Act 1982

Act No. 9798/1982

Version as at 24 February 2003

An Act to repeal the Closer Settlement Act 1938, to make certain consequential Repeals and Amendments and for Purposes connected therewith.

Act No. 9798/1982

Closer Settlement (Winding-up) Act 1982

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Short title and commencement

(1)This Act may be cited as the Closer Settlement (Winding-up) Act 1982.

(2)This Act shall come into operation on the day on which it receives the Royal Assent.

2.Repeal and savings

(1)The Acts referred to in Schedule 1 and Schedule 2 are to the extent thereby expressed to be repealed hereby repealed accordingly.

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

(a)all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this section shall continue to have the same status operation and effect as they respectively would have had if those Acts had not been so repealed;

(b)in particular and without affecting the generality of paragraph (a) the repeals shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order application determination decision recommendation petition direction registration lease licence encumbrance lien permit certificate exemption approval disapproval objection appointment delegation classification condition notice rent fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement or this section; and any such repeal shall not affect or disturb any validation effected or any transfer of powers duties and authorities or the construction of any document consequent thereon by or under any of the repealed Acts before the commencement of this section.

3.Sale of personal property not disposed of

s. 3

Any personal property which by virtue of any of the provisions of the Closer Settlement Acts is vested in the Crown may be sold by the Minister and the proceeds of the sale paid to the Consolidated Fund.

4.Land not disposed of to be treated as unalienated Crown land

Any land referred to in Part IV of the Closer Settlement Act 1938 which the Minister had power to dispose of under the provisions of that Part but which was not so disposed of immediately before the commencement of this section shall be and be deemed always to have been unalienated land of the Crown and may be dealt with as such.

5.Land freed of any encumbrances etc.

s. 5

Land referred to in section 4 shall when dealt with as unalienated land of the Crown be freed from all covenants, conditions and encumbrances binding the settler under any closer settlement lease before the commencement of this section in relation to that land.

6.Liability of settler deemed debt due to Crown

The total amount of the liability immediately prior to the commencement of this section of every settler under the terms and conditions of his purchase lease shall be deemed to be a debt due to Her Majesty and may be recovered accordingly in a court of competent jurisdiction at the suit of the Minister.

7.Transitional provision

Notwithstanding the repeal by this Act of the Closer Settlement Act 1971 the provisions of section 2 of that Act, sub-sections (2), (3), (4) and (5), shall continue to apply to and with respect to the Crown grants referred to in that section in all respects as if that section had not been repealed.

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SCHEDULES

SCHEDULE 1

Sch. 1

Repeal of Legislation Relating to Closer Settlement

Number
of Act /
Title of Act / Extent of
Repeal
4597 / Closer Settlement Act 1938 / The whole
5281 / Closer Settlement (Disposal of Land) Act 1948 / The whole
6284 / Land Act 1958 / Section 352(3)
7228 / Public Lands and Works Act 1964 / Fifth Schedule, PartII
8225 / Closer Settlement Act 1971 / The whole

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SCHEDULE 2

Sch. 2

Repeal of Legislation Authorizing Advances to Farmers

Number
of Act /
Title of Act / Extent of
Repeal
3052 / Following Advances Act 1920 / So much as has not already been repealed
3510 / Following Advances Act 1927 / The whole
3551 / Cultivation Advances Act 1927 / The whole
3819 / Cultivation Advances Act 1929 / The whole
3827 / Cultivation Advances Act 1929 (No. 2) / The whole
3931 / Cultivation Advances Act 1930 / The whole
4004 / Cultivation Advances Act 1931 / The whole
4073 / Cultivation Advances Act 1932 / The whole
4143 / British Migrants (Agreement) Act 1933 / So much as has not already been repealed
4162 / Cultivation Advances (Borrowing) Act 1933 / The whole
4195 / Cultivation Advances Act 1933 / So much as has not already been repealed
4237 / Cultivation Advances Act 1934 / So much as has not already been repealed
4253 / Government Advances (Reduction of Interest) Act 1934 / So much as has not already been repealed
4338 / Farmers Advances Act 1935 / So much as has not already been repealed
4588 / Farmers Advances (Financial) Act 1938 / The whole
4782 / Drought Relief Act 1940 / The whole
5036 / Farmers Advances Act 1944 / The whole
5054 / Drought Relief Act 1944 / The whole
5063 / Drought Relief (Amendment) Act 1945 / The whole
5091 / Farmers Advances Act 1945 / The whole
5122 / Drought Relief Act 1946 / The whole
5178 / Drought Relief (Amendment) Act 1946 / The whole
5210 / Farmers Advances (Amendment) Act 1947 / The whole
5225 / Drought Relief Act 1947 / The whole
5235 / Drought Relief (Amendment) Act 1947 / The whole

Sch. 2

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ENDNOTES

Endnotes

1.General Information

The Closer Settlement (Winding-up) Act 1982 was assented to on 23November 1982 and came into operation on 23 November 1982: section1(2).

2.Table of Amendments

Endnotes

There are no amendments made to the Closer Settlement (Winding-up) Act 1982 by Acts and subordinate instruments.

3.Explanatory Details

Endnotes

No entries at date of publication.