Victorian Legislation and Parliamentary Documentsi
Version No. 001
Closer Settlement (Winding-up) Act 1982
Act No. 9798/1982
Version as at 24 February 2003
TABLE OF PROVISIONS
Section Page
Short title and commencement 1
Repeal and savings 1
Sale of personal property not disposed of 2
Land not disposed of to be treated as unalienated Crown land 2
Land freed of any encumbrances etc. 3
Liability of settler deemed debt due to Crown 3
Transitional provision 3
SCHEDULES 4
SCHEDULE 1—Repeal of legislation relating to closer settlement 4
SCHEDULE 2—Repeal of legislation authorizing advances to farmers 5
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
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.
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):
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.
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are to the extent thereby expressed to be repealed
hereby repealed accordingly.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repealed Acts or existing or continuing under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
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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Acts had not been so repealed;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
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
s. 3
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been unalienated land of the Crown and may be
dealt with as such.
5. Land freed of any encumbrances etc.
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.
s. 5
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SCHEDULES
SCHEDULE 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,
Part II
8225 Closer Settlement Act 1971 The whole
Sch. 1
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SCHEDULE 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
Sch. 2
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Number
of Act Title of Act
Extent of
Repeal
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
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Sch. 2
General Information
The Closer Settlement (Winding-up) Act 1982 was assented to on
23 November 1982 and came into operation on 23 November 1982:
section 1(2).
Endnotes
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2. Table of Amendments
There are no amendments made to the Closer Settlement (Winding-up) Act
1982 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes