Queensland Consolidated Acts

LIENS ON CROPS OF SUGAR CANE ACT 1931 - SECT 9

(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 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.