{"id":"closer-settlement-winding-act-1982","name":"Closer Settlement (Winding-up) Act 1982","slug":"closer-settlement-winding-up-act-1982","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177717,"registerId":"vic-closer-settlement-winding-act-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Closer Settlement (Winding-up) Act 1982","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nCloser Settlement (Winding-up) Act 1982\nAct No. 9798/1982\nVersion as at 24 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 1\n2. Repeal and savings 1\n3. Sale of personal property not disposed of 2\n4. Land not disposed of to be treated as unalienated Crown land 2\n5. Land freed of any encumbrances etc. 3\n6. Liability of settler deemed debt due to Crown 3\n7. Transitional provision 3\n__________________\nSCHEDULES 4\nSCHEDULE 1—Repeal of legislation relating to closer settlement 4\nSCHEDULE 2—Repeal of legislation authorizing advances to farmers 5\n═══════════════\nENDNOTES 7\n1. General Information 7\n2. Table of Amendments 8\n3. Explanatory Details 9\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nCloser Settlement (Winding-up) Act 1982\nAct No. 9798/1982\nVersion as at 24 February 2003\nAn Act to repeal the Closer Settlement Act 1938, to make\ncertain consequential Repeals and Amendments and for\nPurposes connected therewith.\nBE IT ENACTED by the Queen's Most Excellent Majesty by\nand with the advice and consent of the Legislative Council\nand the Legislative Assembly of Victoria in this present\nParliament assembled and by the authority of the same as\nfollows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Closer Settlement\n(Winding-up) Act 1982.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\n2. Repeal and savings\n(1) The Acts referred to in Schedule 1 and Schedule 2\nare to the extent thereby expressed to be repealed\nhereby repealed accordingly.\n(2) Except as in this Act expressly or by necessary\nimplication provided—\n(a) all persons things and circumstances\nappointed or created by or under any of the\nrepealed Acts or existing or continuing under\nany of such Acts immediately before the\ncommencement of this section shall continue\nto have the same status operation and effect\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n2\nas they respectively would have had if those\nActs had not been so repealed;\n(b) in particular and without affecting the\ngenerality of paragraph (a) the repeals shall\nnot disturb the continuity of status operation\nor effect of any proclamation regulation by-\nlaw order application determination decision\nrecommendation petition direction\nregistration lease licence encumbrance lien\npermit certificate exemption approval\ndisapproval objection appointment\ndelegation classification condition notice\nrent fee liability or right made effected\nissued granted given presented passed fixed\naccrued incurred or acquired or existing or\ncontinuing by or under any of such Acts\nbefore the commencement or this section;\nand any such repeal shall not affect or\ndisturb any validation effected or any\ntransfer of powers duties and authorities or\nthe construction of any document consequent\nthereon by or under any of the repealed Acts\nbefore the commencement of this section.\n3. Sale of personal property not disposed of\nAny personal property which by virtue of any of\nthe provisions of the Closer Settlement Acts is\nvested in the Crown may be sold by the Minister\nand the proceeds of the sale paid to the\nConsolidated Fund.\n4. Land not disposed of to be treated as unalienated\nCrown land\nAny land referred to in Part IV of the Closer\nSettlement Act 1938 which the Minister had\npower to dispose of under the provisions of that\nPart but which was not so disposed of\nimmediately before the commencement of this\nsection shall be and be deemed always to have\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n3\nbeen unalienated land of the Crown and may be\ndealt with as such.\n5. Land freed of any encumbrances etc.\nLand referred to in section 4 shall when dealt with\nas unalienated land of the Crown be freed from all\ncovenants, conditions and encumbrances binding\nthe settler under any closer settlement lease before\nthe commencement of this section in relation to\nthat land.\n6. Liability of settler deemed debt due to Crown\nThe total amount of the liability immediately prior\nto the commencement of this section of every\nsettler under the terms and conditions of his\npurchase lease shall be deemed to be a debt due to\nHer Majesty and may be recovered accordingly in\na court of competent jurisdiction at the suit of the\nMinister.\n7. Transitional provision\nNotwithstanding the repeal by this Act of the\nCloser Settlement Act 1971 the provisions of\nsection 2 of that Act, sub-sections (2), (3), (4) and\n(5), shall continue to apply to and with respect to\nthe Crown grants referred to in that section in all\nrespects as if that section had not been repealed.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n4\nSCHEDULES\nSCHEDULE 1\nREPEAL OF LEGISLATION RELATING TO CLOSER\nSETTLEMENT\nNumber\nof Act Title of Act\nExtent of\nRepeal\n4597 Closer Settlement Act 1938 The whole\n5281 Closer Settlement (Disposal of Land)\nAct 1948\nThe whole\n6284 Land Act 1958 Section 352(3)\n7228 Public Lands and Works Act 1964 Fifth Schedule,\nPart II\n8225 Closer Settlement Act 1971 The whole\n__________________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n5\nSCHEDULE 2\nREPEAL OF LEGISLATION AUTHORIZING ADVANCES TO\nFARMERS\nNumber\nof Act Title of Act\nExtent of\nRepeal\n3052 Following Advances Act 1920 So much as has\nnot already been\nrepealed\n3510 Following Advances Act 1927 The whole\n3551 Cultivation Advances Act 1927 The whole\n3819 Cultivation Advances Act 1929 The whole\n3827 Cultivation Advances Act 1929 (No. 2) The whole\n3931 Cultivation Advances Act 1930 The whole\n4004 Cultivation Advances Act 1931 The whole\n4073 Cultivation Advances Act 1932 The whole\n4143 British Migrants (Agreement) Act 1933 So much as has\nnot already been\nrepealed\n4162 Cultivation Advances (Borrowing) Act\n1933\nThe whole\n4195 Cultivation Advances Act 1933 So much as has\nnot already been\nrepealed\n4237 Cultivation Advances Act 1934 So much as has\nnot already been\nrepealed\n4253 Government Advances (Reduction of\nInterest) Act 1934\nSo much as has\nnot already been\nrepealed\n4338 Farmers Advances Act 1935 So much as has\nnot already been\nrepealed\n4588 Farmers Advances (Financial) Act\n1938\nThe whole\n4782 Drought Relief Act 1940 The whole\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n6\nNumber\nof Act Title of Act\nExtent of\nRepeal\n5036 Farmers Advances Act 1944 The whole\n5054 Drought Relief Act 1944 The whole\n5063 Drought Relief (Amendment) Act 1945 The whole\n5091 Farmers Advances Act 1945 The whole\n5122 Drought Relief Act 1946 The whole\n5178 Drought Relief (Amendment) Act 1946 The whole\n5210 Farmers Advances (Amendment) Act\n1947\nThe whole\n5225 Drought Relief Act 1947 The whole\n5235 Drought Relief (Amendment) Act 1947 The whole\n═══════════════\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n7\nENDNOTES\n1. General Information\nThe Closer Settlement (Winding-up) Act 1982 was assented to on\n23 November 1982 and came into operation on 23 November 1982:\nsection 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n8\n2. Table of Amendments\nThere are no amendments made to the Closer Settlement (Winding-up) Act\n1982 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9798/1982\nCloser Settlement (Winding-up) Act 1982\n9\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act narrows and terminates the operational regime established by earlier closer‑settlement and farm‑advance legislation by repealing those Acts (Schedules 1–2) and reallocating remaining assets, rights and liabilities to the Crown: unsold land is treated as unalienated Crown land and freed of settler encumbrances (s.4–5), personal property vested in the Crown may be sold by the Minister (s.3), and outstanding settler liabilities are converted into debts owed to the Crown and recoverable in court (s.6)."},"complexity_factors":["Repeal plus broad savings clauses (s.2) that preserve the status of many existing instruments and continuity of rights — creates cross‑statutory interactions to be checked.","Deeming provisions changing land status (s.4) and removing encumbrances (s.5) that alter property rights and title treatment.","Conversion of settler liabilities into Crown debts recoverable in court (s.6) shifts enforcement remedies and creditor‑debtor relationships.","Ministerial administrative powers to sell Crown‑vested personal property (s.3) introduce executive discretion and operational decision‑making.","Transitional continuation of a prior statutory provision (s.7) requiring reference to the repealed Act for specific grants.","Schedules repealing a long list of Acts (Schedules 1–2) — broad legislative sweep with potential for residual obligations or claims."],"plain_english_summary":"This Act winds up Victoria’s closer‑settlement and related farm‑advance laws by repealing the listed statutes and providing transitional rules. Mechanically it reclassifies any unsold closer‑settlement land as unalienated Crown land (freeing it of prior settler covenants), allows the Minister to sell personal property vested in the Crown, and deems outstanding settler purchase or lease liabilities to be debts recoverable by the Crown. It mainly affects former settlers, holders of existing closer‑settlement interests, and the Crown’s administrative role."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to do exactly what its title suggests — wind up the remaining Closer Settlement schemes in Victoria. There is no indication from the available text that the scope shifted from its original intent. It is a focused, purpose-built piece of administrative legislation aimed at formally concluding a defined set of historical government programs."},"complexity_factors":["Highly specialised historical subject matter requiring background knowledge of early 20th century land settlement programs","Interaction with historical land tenure arrangements that may have ongoing legal effects on title","Limited legislative text available in the provided excerpt, making full assessment difficult","Relatively narrow and specific in scope — not a broadly applicable or technically intricate piece of legislation","Administrative winding-up legislation tends to be procedurally straightforward rather than legally complex"],"plain_english_summary":"The Act provides the legal framework to close out Victoria’s historic Closer Settlement schemes, resolving remaining land, loans, leases and administrative matters so the government can formally wind up those programs. \n\nIt mainly affects remaining holders of Closer Settlement leases or loans, the government departments administering them, and any landowners whose title or tenure traces back to those schemes — determining how outstanding debts, titles and lease conditions are finalised."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing closer settlement legislation and winding up the scheme. The scope has not expanded beyond this cleanup function."},"complexity_factors":["Very short statute — only 7 operative sections plus 2 schedules","No defined terms section; relies on external references to repealed Acts","Simple sequential structure with no nested conditions or cross-references between operative sections","Standard savings clause (section 2) using boilerplate language common to repeal Acts","Schedules consist of straightforward tabular lists of repealed legislation without operative legal text","Only one transitional provision (section 7) preserving a specific section of a repealed Act","No delegated legislation or regulatory mechanisms","No exceptions to exceptions or complex conditional logic"],"plain_english_summary":"**What this law does:**\n\nThis Act is a **cleanup law** that formally ends Victoria's \"closer settlement\" scheme — a government program from the early-to-mid 1900s that helped people (often returned soldiers or new migrants) buy or lease small farming blocks from the Crown.\n\n**Key things it does:**\n\n* **Repeals old laws** — It scraps the main Closer Settlement Act 1938 and dozens of related laws about farmer loans and drought relief (listed in Schedules 1 and 2). These laws had become obsolete.\n* **Protects existing rights** — Even though the old laws are repealed, anyone who already had a valid lease, debt, or property right keeps it. The repeal doesn't wipe the slate clean for existing arrangements.\n* **Deals with leftover property** — Any personal property (equipment, livestock, etc.) still held by the government under the old scheme can be sold, with money going to the state's Consolidated Fund (the government's main bank account).\n* **Handles leftover land** — Any land the Minister hadn't allocated yet becomes ordinary \"unalienated Crown land\" — meaning it reverts to standard government land that can be sold or used like any other state land.\n* **Clears old restrictions** — When that leftover land is dealt with, it is freed from old lease conditions and restrictions that applied under the closer settlement scheme.\n* **Preserves debts** — Any money still owed by settlers under their old purchase or lease agreements remains a debt owed to the Crown and can still be chased through the courts.\n* **Keeps one technical rule alive** — Section 2 of the 1971 Act (about certain Crown grants) stays in force even though the rest of that Act is repealed.\n\n**Who it affects:**\n\n* **Settlers** still paying off old closer settlement leases or purchase agreements — their debts survive.\n* **The Victorian Government** — it can tidy up leftover assets and land from a defunct program.\n* **Anyone with historical interests** in the old scheme — their existing legal rights are preserved.\n\n**Why it matters:**\n\nThis is **legislative housekeeping**. The closer settlement era had effectively ended decades earlier, but the old Acts remained on the books. This Act formally winds up the program, converts remaining assets to standard government property, and ensures no one is unfairly disadvantaged by the cleanup. It's a textbook example of how governments retire obsolete schemes without creating legal chaos."}},"importantCases":[],"_links":{"self":"/api/acts/closer-settlement-winding-up-act-1982","history":"/api/acts/closer-settlement-winding-up-act-1982/history","analysis":"/api/acts/closer-settlement-winding-up-act-1982/analysis","conflicts":"/api/acts/closer-settlement-winding-up-act-1982/conflicts","importantCases":"/api/acts/closer-settlement-winding-up-act-1982/important-cases","documents":"/api/acts/closer-settlement-winding-up-act-1982/documents"}}