Rural Reconstruction Act 1939 No 45



An Act to provide for the reconstitution and a change in the name of the body corporate constituted by the Farmers’ Relief Act 1932; to make further provision in relation to the adjustment of the debts of farmers; to provide for the granting of protection orders to certain farmers; to authorise the waiver or remission of certain debts to the Crown; for these and other purposes to amend the Farmers’ Relief Act 1932–1938, and certain other Acts in certain respects; and for purposes connected therewith.
Part 1 Preliminary
1   Name of Act
(1)  This Act may be cited as the Rural Reconstruction Act 1939 and shall be read and construed with the Farmers’ Relief Act 1932, as amended by subsequent Acts.
(2)  The Farmers’ Relief Act 1932, as so amended is, in this Act, referred to as the Principal Act.
(3)  The Principal Act, as amended by this Act, may be cited as the Farmers’ Relief Act 1932–1939.
(4)    (Repealed)
s 1: Am 1999 No 31, Sch 5.93.
Part 2 Reconstitution of Board
2   Commencement
(1)  For the purposes only of the reconstitution, pursuant to section four of this Act, of the body corporate constituted by section seven of the Principal Act, the provisions of this section shall commence on the date upon which the assent of His Majesty to this Act is signified.
(2)  Upon the commencement of Part 3 of this Act this section shall have full force and effect for all purposes.
(3)    (Repealed)
s 2: Am 1999 No 85, Sch 4.
Part 3 Rural reconstruction
3   Commencement of Part 3
This Part shall commence upon a date to be appointed by the Governor and notified by proclamation published in the Gazette.
4   Reconstitution
Upon the commencement of this Part the body corporate constituted by section seven of the Principal Act shall be reconstituted and shall consist of five members.
5   Name of body corporate
(1)  Upon the commencement of this Part the name of the body corporate constituted by section seven of the Principal Act shall be the “Rural Reconstruction Board”.
(2)  Nothing contained in this Act shall prejudice or affect in any way the continuity of such body corporate, but the same shall continue notwithstanding the provisions of this Act.
(3)  The alteration of name effected by subsection one of this section, the amendments made to the Principal Act by section two of this Act and the provisions of section four of this Act, shall not affect any property, powers, rights, authorities, duties, functions, liabilities or obligations of the said body corporate or the appointment of the Director or of any person who, immediately before the commencement of this Part, held office as a member of the said body corporate or render defective any legal or other proceedings instituted or to be instituted by or against the body corporate, and any legal or other proceedings may be continued by or against the body corporate by the name of the Rural Reconstruction Board that might have been continued or commenced by or against the corporation by the name of the Farmers’ Relief Board.
(4)  The body corporate aforesaid shall continue notwithstanding that there are at any time or times vacancies in the offices of all of the members of the body corporate or of any one or more of them.
(5)  Upon the commencement of this Part, a reference in any Act or other instrument, to the Farmers’ Relief Board, shall be read and construed as a reference to the Rural Reconstruction Board.
(6)  The agency of the Rural Bank of New South Wales which, immediately before the commencement of this Part, was known as the Farmers’ Relief Agency, shall, as from such commencement, be known as the Rural Reconstruction Agency, and a reference in any Act or other instrument to the Farmers’ Relief Agency shall be read and construed as a reference to the Rural Reconstruction Agency.
6   Further amendment of Act No 33, 1932
(1)    (Repealed)
(2) 
(a)  The Commissioner who, immediately before the commencement of Part 3 of this Act, holds office as Director under the Farmers’ Relief Act 1932–1938, shall continue to hold such office until his successor is appointed under section four of that Act, as amended by this section.
(b)  The persons who, immediately before the commencement of Part 3 of this Act, hold office as deputy Director and as supervisors under the Farmers’ Relief Act 1931–1938, shall continue to hold such office in all respects as if the amendments made by subsection one of this section had been in force at the date of their respective appointments.
(c)  Any delegation made by the Director under section four of the Farmers’ Relief Act 1932 (whether as originally enacted or as amended from time to time), and in force immediately before the commencement of Part 3 of this Act, shall continue in force, but may be withdrawn under that section as amended by subsection one of this section.
(d)  Any general or special order made or given by the Director under subsection six of section thirteen of the Farmers’ Relief Act 1932, and in force immediately before the commencement of this Act, shall continue in force, but may be amended or revoked by a general or special order made after such commencement.
(e)  Any determination made or consent given under subsection three or subsection four of section thirteen of the Farmers’ Relief Act 1932 (whether as originally enacted or as amended from time to time), and in force immediately before the commencement of this Act shall continue in force, but may be revoked or varied by a determination made or consent given after such commencement.
s 6: Am 1999 No 85, Sch 4.
7–10   (Repealed)
ss 7–9: Rep 1999 No 85, Sch 4.
s 10: Rep 1940 No 27, sec 5 (3).