Fremantle Harbour Trust Act, 1902-1960

Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962

These regulations were repealed by the Port Authorities Regulations 2001 r. 122(1) as at 1 Jun 2001 (see Gazette 18 May 2001 p. 2487).

 

 

Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962

Contents

Part I — Preliminary

1.Citation2

2.Interpretation2

3.Form of debenture2

4.Application for stock or debentures3

Part II — Inscription and issue of stock

5.Stock ledger4

6.Inscription of stock4

7.Companies, firms and corporations5

8.Friendly societies, industrial unions, industrial organizations or incorporated associations6

9.Trusts not recognised6

10.Change of address7

11.Marriage of female stockholder7

12.Correction of mistake in stock ledger7

13.Signatures of stockholders7

14.Inspection of stock ledger8

15.Certificate of inscription of stock8

Part III — Transfers and transmissions of stock

16.Transfers9

17.Marking of form of transfer of stock10

18.Notice of dealing10

19.Transfers to be lodged on a transfer day10

20.Entries in stock ledger11

21.Deceased stockholders11

22.Transmission of stock12

23.Power of Registrar to dispense with production or re‑sealing of probate12

24.Persons entitled to be registered on transmission13

Part IV — Issue of debentures

25.Issue of debentures15

26.Delivery of debentures not exceeding $400 on behalf of deceased persons15

27.Issue of debentures in exchange for stock16

28.Issue of debentures in exchange for other debentures17

29.Inscription of stock in exchange for debentures17

Part V — Payment of interest

30.Stock ledger to be closed18

31.Interest on debentures18

32.Payment of interest on inscribed stock18

33.Receipts of joint stockholders19

Part VI — General

34.Powers of attorney20

35.Repayment of principal20

36.General provisions20

37.Secrecy20

Form No. 1

Notes

Compilation table29

 

Fremantle Harbour Trust Act, 1902‑1960

Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962

Part I  Preliminary

1.Citation

These regulations may be cited as the Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962.

2.Interpretation

In these regulations unless the context otherwise requires — 

“debentures” means debentures created and issued by the Trust under the Act;

“Registrar” means the officer for the time being appointed to or acting in the office of Registrar of Stock and includes an acting Registrar of Stock, and any person appointed to be an Assistant Registrar of Stock;

“schedule” means the schedule to these regulations;

“stock” means inscribed stock created and issued by the Trust under the provisions of the Act;

“stockholder” means a person whose name is inscribed in the stock ledger of the Trust in respect of any stock;

“stock ledger” means the ledger of the Trust in which the stock held is recorded or inscribed;

“the Act” means the Fremantle Harbour Trust Act 1902 (as amended);

“the office” means the principal administrative offices of the Trust at Fremantle;

“the Trust” means the body corporate constituted under the Act by the name of the Fremantle Harbour Trust Commissioners.

3.Form of debenture

A debenture shall be in accordance with Form No. 1 of the schedule.

4.Application for stock or debentures

(1)An application to purchase stock or debentures may be made on the form accompanying the prospectus and in accordance with the conditions contained in the prospectus, or where no prospectus is issued, then in a form approved by the Trust.

(2)An application need not necessarily be rejected because it is not on the required form.

(3)In the case of a joint account, an application for stock shall set forth the names of the applicants in the order in which they are to appear in the stock ledger.

(4)The purchase money for debentures or stock shall be paid by the applicant in accordance with the terms of the application or the prospectus (if any).

(5)On payment in full for any debentures or stock the Trust shall, where the applicant has applied for debentures, issue the same to the applicant and, where the applicant has applied for stock, proceed to allot the same.

Part II  Inscription and issue of stock

5.Stock ledger

(1)After allotment and payment in full for stock, the name of the allottee together with the amount of stock allotted and such other matters and particulars as the Registrar may deem necessary, shall be inscribed in the stock ledger.

(2)The stock ledger may be kept in the form of a loose leaf ledger or in any other manner approved by the Trust.

(3)Every entry in the stock ledger shall be initialled by the Registrar or such other officer of the Trust as the Trust may from time to time appoint, and the ledger shall be audited from time to time by an officer appointed for that purpose by the Auditor General of the State.

6.Inscription of stock

(1)Unless the Trust otherwise directs, stock shall be inscribed or remain inscribed only in amounts of £10 or some multiple of £10.

(2)Stock may be inscribed in the name of one person or of more persons than one but not exceeding four, and the full name, address, and description of that person or, as the case may be, of each of those persons, shall be entered in the stock ledger.

(3)The Trust and the Registrar shall for all purposes be entitled to regard the person or persons whose name or names is or are inscribed in the stock ledger as the true and absolute owners and holders of the stock in relation to which such name or names is or are so inscribed, and all receipts, acquittances, discharges, releases and documents whatsoever executed by such person or persons in relation to such stock, or the interest thereon, shall be deemed for all purposes and against all persons to be documents duly executed by the person or persons entitled to such stock or interest, as the case may be.

7.Companies, firms and corporations

(1)Stock shall not be inscribed in the name of a firm as such, but shall be inscribed in the names of the individual partners, but not exceeding four.

(2)Stock may be inscribed in the name of a registered company or other corporation, but the Registrar must first be furnished with a copy of the certificate of incorporation or Act of Parliament or Royal Charter or other instrument under which such company or corporation is established, together with a certified specimen of the seal of the company or corporation, a duly verified copy of any regulations or by‑laws or resolutions governing the mode of affixing that seal and the full names and specimen signatures of persons authorized to sign forms in connection therewith.

(3)The Registrar shall cause such documents to be affixed in the signature register.

(4)If from any cause any such authorised person is substituted by another person, notification in writing of such alteration shall be given to the Registrar under seal by the company or corporation.

(5)All forms required under these regulations to bear the seal of a registered company or other corporation shall be sealed and witnessed in accordance with the articles of the registered company or other corporation, provided that the Registrar may require proof that any document has been so sealed.

(6)In the case of a company or other corporation incorporated outside Australia, the Registrar may inscribe stock in the name of that company or other corporation upon the authority of and upon being furnished with a properly executed power of attorney authorising dealings in stock by the attorney on behalf of the company or other corporation.

8.Friendly societies, industrial unions, industrial organizations or incorporated associations

(1)Stock may be inscribed in the name of any friendly society or industrial union of employers or industrial union of workers or other industrial organisation which the Registrar is satisfied is registered under the laws of any State of the Commonwealth, or any branch of any friendly society, industrial union or industrial organisation so registered, or in the name of any organisation or body incorporated under the provisions of the Associations Incorporation Act 1895 (as amended).

(2)Any union, organisation, society or body in whose name stock is inscribed under this regulation shall furnish the Registrar with a certificate in the form approved by the Trust containing the names and signatures of two or more persons who are appointed to sign any document relating to stock inscribed in the name of such union, organisation, society or body. Certificates, receipts and other documents relating to stock inscribed under this regulation shall be issued only to such person or persons as are appointed in that behalf, and no transaction in relation to stock inscribed in accordance with this regulation shall be effected unless the transaction is authorised by the person so appointed, and the Trust shall be under no liability in respect of any such transaction which is or purports to be so authorised.

(3)Whenever any person is appointed to replace a person authorised in accordance with the certificate, the union, organisation, society or body shall furnish the Registrar with a fresh certificate in accordance with this regulation.

9.Trusts not recognised

(1)No entry of any trust shall be made in the stock ledger and the Trust and the Registrar shall be entitled to treat the person or persons whose name or names is or are inscribed in the stock ledger in respect of any stock as the absolute owner or owners thereof and accordingly shall not be bound to recognise any equitable or other claim to or interest in such stock on the part of any other person.

(2)Executors, administrators and trustees shall not be registered as such but in their individual names without reference to any trusteeship.

10.Change of address

Any change of address of a stockholder shall be forthwith notified by him in writing to the Registrar.

11.Marriage of female stockholder

(1)On the marriage of a female stockholder, her name and description shall be altered in the stock ledger with respect to stock standing in her name solely or jointly after lodgment with the Registrar of a request in the form approved by the Trust, signed by her, stating in full the name of her husband and setting forth the particulars of the stock in respect of which it is desired to have the alteration made.

(2)The stockholder shall, if so required by the Registrar, lodge with the Registrar for inspection her marriage certificate or a certified copy of such marriage certificate together with such proof as the Registrar may reasonably require.

12.Correction of mistake in stock ledger

Upon receipt of a request in writing from a stockholder to correct a mistake in the stock ledger, the Registrar may amend the stock ledger if he is satisfied that any stock has been inscribed incorrectly owing to a mistake in any document. If the Registrar so requires, the stock holder shall furnish a statutory declaration of the circumstances to support the request to amend the mistake.

13.Signatures of stockholders

(1)The Registrar shall take all necessary steps to secure specimen signatures of all stockholders. The signatures to all forms lodged at the registry after the application for stock has been received shall be tested by comparison with the specimen signatures.

(2)Where any person is unable to sign his name, instruments required for the purpose of these regulations shall be executed by him and attested in such manner as the Registrar may require.

14.Inspection of stock ledger

Upon satisfying the Registrar as to his identity, a stockholder, or his attorney or agent authorised in writing in that behalf, shall be entitled to inspect his account in the stock ledger at all reasonable times.

15.Certificate of inscription of stock

At the request of a stockholder the Registrar may issue a certificate of inscription of stock in a form approved by the Trust, and such certificate shall be delivered only to the person whose name is inscribed in the stock ledger as holder of the stock for which the certificate is issued, or to his attorney, or to a member of a recognised stock exchange who represents such stockholder, or to a person authorised in writing by the stockholder to take delivery of such certificate.

Part III  Transfers and transmissions of stock

16.Transfers

(1)The Registrar shall keep at the office books to be called “Transfer Books” wherein all transfers of stock or any part thereof shall be entered and registered, which entries shall be numbered in such manner as the Trust shall determine.

(2)A transfer of stock shall be in accordance with Form No. 2 in the schedule, and shall be signed or, in the case of a corporation, unless executed under power of attorney, be properly sealed, by both the transferor and the transferee, each of whom shall be notified of the completion of the transaction.

(3)In the case of a transfer or transmission from or to joint owners it shall be sufficient notice to the joint owners if the person whose name is inscribed first in the stock ledger is notified of the completion of the transaction.

(4)Every party to the transfer shall sign the transfer of stock form in the presence of a witness, who shall be a Justice of the Peace, Commissioner of Affidavits, Commonwealth or State Commissioner for Declarations, notary public, solicitor, member of a recognised Stock Exchange, an officer of the Registry, a bank manager (who shall sign as such and add the bank stamp), or any other person approved by the Registrar. Such witness shall state the capacity in which he has attested the signature.

(5)A person (not being an officer of the Registry) shall not attest the signature to a transfer and acceptance unless the person whose signature he is attesting is personally known to him.

(6)Every transfer shall pass the right to all interest becoming due and payable after the date of registration thereof, so that the Trust shall not be under any necessity to apportion any such interest as between the transferor and the transferee.

17.Marking of form of transfer of stock

The Registrar may at the request of any owner or his agent mark a form of transfer of stock, that has been properly executed by the owner, with the words “Stock held against this transfer for £ . . . . . . . . . . . . . . . . . . . . . . for a period fourteen days from

. . . . . . . . . . . . . . . . . . . ”. Where a form of transfer of stock is so marked the Registrar shall refuse to give effect to any dealing in stock to which the transfer relates, within the period of fourteen days in respect of the amount of the inscription so marked, except on completion of the marked transfer. Nothing in this regulation shall prevent the owner from surrendering to the Registrar a marked form of transfer of stock for cancellation within the period of fourteen days provided that the form of transfer of stock has not been executed by a transferee. A form of transfer of stock may be registered at any time within fourteen days after the time the Registrar has marked it, notwithstanding that the transferor after executing the transfer has died, or has become bankrupt or insolvent, but after the expiry of the period of fourteen days, the Registrar shall refuse to register the transfer if he has had notice of the death, bankruptcy or insolvency of the transferor.

18.Notice of dealing

The Registrar may, if he deems fit, forward to the stockholder a notice of dealing in the form approved by the Trust on any application received by him relating to stock inscribed in the name of such stockholder, and the Registrar shall not register the transaction unless and until sufficient time has elapsed for a reply to be received.

19.Transfers to be lodged on a transfer day

Every transfer of stock shall be lodged at the office on a transfer day; the transfer days will be Monday to Friday inclusive in each week between the hours of 10 a.m. and noon, and 1 p.m. and 3 p.m. of each day, except when any of those days falls on a bank holiday.

20.Entries in stock ledger

(1)As soon as possible after the registration of any transfer or transmission of stock, the amount of stock transferred or transmitted shall be debited in the proper account in the stock ledger and be forthwith credited in that ledger to the account of the person or persons to whom it has been so transferred or transmitted, and the Registrar shall cause the stock ledger to be compared with the transfers and applications to ascertain that all the business transacted has been duly and properly entered and recorded.

(2)Registration shall not be made of any application for transfer, or any other transaction that would affect the balance of stock inscribed, received within fourteen days prior to the date on which interest is due, or during the period of twenty‑one days immediately preceding the date of maturity of stock.

21.Deceased stockholders

(1) (a)The executor, administrator or trustee of the estate of a deceased stockholder (not being one of several joint stockholders) shall be the only person recognised by the Trust as having any title to the stock inscribed in the name of the deceased stockholder.

(b)Application for transmission in relation to any such stock shall be made in accordance with regulation 22 of these regulations.

(2) (a) On the death of one of the holders in a joint account relating to stock, the survivor or survivors in the joint account shall be the only person or persons recognised by the Trust as having any title to or interest in the stock.

(b)The death of that joint holder may be proved by the production of probate of his will, letters of administration of his estate or a certificate of his death, supported if required by the Registrar by a statutory declaration that satisfies the Registrar as to the identity of the deceased as such stockholder.

(c)On completion of the proof of death of a joint stockholder in a joint account and on receipt of an application in writing from the survivor or survivors in the joint account, the stock shall be registered in the name of the survivor or survivors.

22.Transmission of stock

(1) (a) When any stock is to be transmitted in consequence of the death, bankruptcy or insolvency of any stockholder or for any reason other than a transfer under these regulations, an application for registration by transmission shall be lodged with the Registrar.

(b)The application shall be in accordance with Form No. 3 in the schedule and shall, if the Registrar so requires, be supported by a statutory declaration verifying the particulars contained in the application.

(2)The Registrar shall require the signature of a person who claims transmission of stock by virtue of his appointment as executor, administrator or trustee, to be verified to his satisfaction.

(3)The probate of the will, letters of administration of the estate, or an office copy of the adjudication or order of sequestration or vesting order, as the case may be, or any other document that authorises the transmission under this regulation shall be produced to the Registrar.

(4)The Registrar may require any document produced pursuant to this regulation to be left at the office at least two clear days before the stock to which it relates is dealt with under these regulations.

(5)The Registrar shall enter or cause to be entered particulars of such documents in a register.

23.Power of Registrar to dispense with production or re‑sealing of probate

(1)Where a person dies leaving any stock of an amount not exceeding two hundred pounds the Trust may, on being satisfied that all duty payable in respect thereof under the provisions of the Administration Act 1903 (as amended) has been paid or that no such duty is payable in respect thereof, dispense with the production of probate of the will or letters of administration of the estate as required by Regulation 21 of these regulations and may authorise the transmission of the stock to such person or persons as appear to the satisfaction of the Trust to be lawfully entitled thereto.

(2)No person shall have any claim against the Trust in respect of any transmission in pursuance of this regulation, but nothing in this regulation shall relieve the person or persons to whom the stock is transmitted from any liability to account for or deal with the stock as required by law.

(3)A person is not required to re‑seal in this State any probate of a will or letters of administration of an estate in order that a transmission of stock may be registered under these regulations if, in respect of the stock, the probate or letters of administration is or are produced to the Registrar together with the certificate of the Commissioner of Probate Duties of this State that no duty is payable under the Administration Act 1903 (as amended), or his receipt evidencing that all duty payable under that Act has been paid.

24.Persons entitled to be registered on transmission

(1)A person who becomes entitled to stock by transmission pursuant to these regulations may either himself be registered as the holder of the stock so transmitted, or instead of being himself registered may, with the approval of the Registrar, make such transfer of the stock as the stockholder from whom the same was transmitted could have made, and any such transfer shall be accompanied by such evidence in proof of the title of the transferor as the Registrar may reasonably require.

(2)Where the Registrar is satisfied that stock is inscribed in the name of the person whose property is required by law to be placed in the hands of the Public Trustee or of an officer holding a corresponding position in any other State or of any other officer charged with the duty of administering estates of deceased persons or missing persons or persons under disability (other than bankruptcy or insolvency), the Registrar may (notwithstanding the provisions of regulations 21 and 22 of these regulations) authorize the transmission of the stock to the name of the Public Trustee, the officer holding a corresponding position, or other officer, but before doing so, the Registrar may require a sufficient indemnity from the Public Trustee, the officer holding a corresponding position, or other officer.

Part IV  Issue of debentures

25.Issue of debentures

(1)All signatures on the face of debentures shall be made in writing.

(2)Where a loan is issued wholly or partly in the form of debentures the transactions relating to the debentures and the coupons attached thereto shall be recorded at the office in a general register of debentures.

(3)There shall be kept at the office, in a form approved by the Trust, records showing particulars of the debentures received, issued, surrendered, cancelled and on hand.

(4)Debentures may be purchased by any person, but if an owner has not attained or does not appear to the Registrar to have attained the age of eighteen years, the Registrar may deliver the debentures to the parent or guardian of the owner, and the receipt of the parent or guardian shall be a valid discharge to the Trust from all actions, suits, claims and demands in respect of the debentures so delivered.

(5)Before any debentures are issued to a purchaser, any overdue interest coupons shall be detached therefrom and cancelled.

(6)Where in any case debentures cannot be handed personally to the owner at the office the Registrar may arrange or cause to be arranged delivery of the debentures through a bank or other agency, and a receipt shall be obtained by the Registrar in exchange for all debentures delivered.

26.Delivery of debentures not exceeding $400 on behalf of deceased persons

(1)Upon the death of a person who is entitled to receive from the Registrar any debentures not exceeding a face value of $400 the Registrar may authorise the delivery of the debentures to such person as he thinks fit.

(2)No person shall have any claim against the Trust in respect of any debentures delivered under this regulation but nothing in this regulation shall relieve the person to whom the debentures are delivered from accounting for or dealing with the debentures as required by law.

27.Issue of debentures in exchange for stock

(1)Upon application in a form approved by the Trust for the issue of debentures in exchange for stock and if the Trust accedes to such application, the Registrar shall debit the applicant's account in the stock ledger and issue to him or his order debentures of the same currency and rate of interest for the amount of the stock debited.

(2)Where debentures are issued in exchange for stock, the Registrar may demand the surrender of stock certificates or other relevant registry documents in exchange for those debentures.

(3)A receipt for debentures delivered shall be given to the Registrar by the applicant or his attorney or agent.

(4)Debentures shall not be issued in exchange for stock of which a person under the age of eighteen years or a person of unsound mind is the owner jointly with other persons not under legal disability, except in pursuance of an order of a Justice of the High Court or a Judge of the Supreme Court of a State or Territory.

(5)Debentures may be issued in exchange for stock inscribed in the name of a person of unsound mind jointly with other persons not under legal disability, upon receipt of an application in a form approved by the Trust, signed by the Master in Lunacy or such other person as may be authorised under the law of the Commonwealth or of any State or Territory to administer the estate on behalf of the person of unsound mind, and by the joint owners not under legal disability.

(6)Where an order has been made by a Justice of the High Court or a Judge of the Supreme Court of a State or Territory in relation to stock which is inscribed in the name of a person of unsound mind jointly with other persons not under any legal disability, it shall not be necessary for an application approved by the Trust for the issue of debentures in exchange for that stock to be signed by or on behalf of that person of unsound mind.

28.Issue of debentures in exchange for other debentures

Upon application in a form approved by the Trust, debentures may if the Trust accedes to such application be surrendered at the office in exchange for other debentures of a like amount, of the same currency and bearing the same rate of interest.

29.Inscription of stock in exchange for debentures

Upon application in a form approved by the Trust for the inscription of stock in exchange for debentures, and if the Trust accedes to such application, the Registrar shall inscribe stock of the same currency and rate of interest and for the amount of the debentures surrendered, and shall forward a notification of inscription to the person in whose name the stock is inscribed and shall issue a receipt for debentures so surrendered.

Part V  Payment of interest

30.Stock ledger to be closed

The Registrar shall cause the stock ledger and transfer books to be closed for a period not exceeding fourteen days next preceding any of the days on which interest on the stock is payable and the persons who on the day the books are so closed are inscribed as holders of stock shall be entitled to receive the interest next payable thereon.

31.Interest on debentures

Interest on debentures shall be paid on presentation of interest coupons at the place for payment of interest mentioned in the coupons, except that the first interest due on any debentures may be paid in accordance with the conditions of the prospectus.

32.Payment of interest on inscribed stock

Interest on stock shall be paid by one of the following methods: — 

(1)Except as hereinafter provided or unless otherwise instructed by the stockholder, payment shall be made to the stockholder, or in the case of a joint account to the stockholder whose name is inscribed first in the stock ledger, by cheque sent by ordinary prepaid letter through the post, addressed to the stockholder at his address last notified to the Registrar before the closing of the stock ledger or to some person nominated in writing by the stockholder. Cheques shall be crossed “not negotiable” and shall be made payable to the order of the payee.

(2)With the approval of the Trust and at the risk of the stockholder, by payment into an account in a bank within the Commonwealth.

(3)Where stock is inscribed solely in the name of an infant, interest on such stock may be paid as directed by the stockholder, or at the discretion of the Registrar may be paid to the infant's parent or guardian whose receipt shall be a valid discharge.

(4)Where stock is inscribed in the name of an infant jointly with one or more other persons, the interest thereon may be paid to the infant jointly with that other person or those other persons, or at the discretion of the Registrar may be paid to the infant's parent or guardian jointly with that other person or those other persons.

(5)Interest on stock inscribed in the name of an infant, or in the name of a person of unsound mind, jointly with others not under legal disability, may be paid as directed by the stockholders other than those under a disability, and without the concurrence of the infant or person of unsound mind, upon sufficient proof of legal disability being lodged with the Registrar.

(6)Where, under the conditions of the issue of any loan, the Trust has provided that the first payment of interest on any stock shall be made to the person to whom the stock was originally allotted, the original allottee shall for the purpose of the first payment of interest be deemed to be the stockholder or owner under this regulation.

33.Receipts of joint stockholders

The receipt of any one stockholder, or of his attorney or agent duly authorised by the stockholder in that behalf, in the case of stock inscribed in more than one name for any interest or for any document relating to such stock, shall be full and sufficient discharge to the Trust in respect thereof but with regard to the payment of principal a discharge shall be given by all stockholders in a joint account.

Part VI  General

34.Powers of attorney

(1)In every case before acting on any power of attorney the Registrar shall require from the attorney a declaration that he has not received notice of revocation of the power of attorney by the death of the donor of the power or otherwise.

(2)The Registrar may act on any power of attorney which in his opinion contains full power to act for any purpose in relation to stock.

(3)The Registrar may require a power of attorney to be left at the registry at least two clear days before it is acted upon.

(4)Particulars of every power of attorney left at the registry for notation shall be entered by the Registrar in a register.

35.Repayment of principal

Stockholders may by agreement with the Registrar arrange for repayment, when due, of the principal sum into a bank account.

36.General provisions

(1)The Registrar shall take and observe all possible precautions for the security of the stock to its owner and to guard against fraud or improper transactions.

(2)No erasures shall be made in the stock ledger, and errors shall be ruled through and correct entries made.

37.Secrecy

(1)No person other than the officer or officers appointed by the Auditor General to audit transactions, and the Registrar and officers of the Trust immediately engaged on inscribed stock business and approved by the Registrar, shall have access to any books, forms or other records.

(2)All officers so appointed or approved shall not divulge any information coming to their knowledge in the course of their duties, except as necessary in the transaction of business or as required by law.

 

Form No. 1

Fremantle Harbour Trust

DEBENTURE

(Issued under the Fremantle Harbour Trust Act 1902 (as amended.)

No. . . . . . . . . . . . . . . £. . . . . . . . . . . . . .

Transferable by Delivery

This Debenture entitles the bearer to payment free of exchange at the Principal Office of the Commonwealth Trading Bank of Australia at Canberra, Sydney, Melbourne, Adelaide, Brisbane, Perth and Hobart, or at the Head Office of the Fremantle Harbour Trust at Fremantle of £. . . together with interest at the rate for the time being payable thereon as provided in the Fremantle Harbour Trust Act 1902 (as amended), and in accordance with the attached coupons. Such sums are hereby charged and secured upon the income (within the meaning of the said Act) of the Fremantle Harbour Trust.

The principal is repayable on the . . . . . . . . . . day of . . . . . . . . . . 19 . . . .

The Official Seal of the Fremantle Harbour Trust was affixed hereto on the . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . 19 . . . . . . in the presence of. . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman (or his Deputy)

. . . . . . . . . . . . . . . . . . . .

Secretary

COUPON

Fremantle Harbour Trust

Debenture No. . . . . . . . . . . securing a principal sum of £. . . . . . . . . . . . . .

Interest Coupon No. . . . . . . . . . .

For half year's interest at the rate prescribed by the Fremantle Harbour Trust Act 1902 (as amended), due the . . . . . . . . . day of . . . . . . . . . 19 . . . calculated on the face value of the debenture and payable free of exchange upon the delivery of the coupon at the Principal Office of the Commonwealth Trading Bank of Australia at Canberra, Sydney, Melbourne, Adelaide, Brisbane, Perth and Hobart, or at the Head Office of the Fremantle Harbour Trust at Fremantle.

. . . . . . . . . . . . . . . . . . . .

Secretary

Form No. 2

Fremantle Harbour Trust

Inscribed Stock

TRANSFER OF STOCK

Note. — Before executing this Transfer, read carefully the instructional notes

Office Use Only.

 

 

Entered . . . . . . . . . . . . . . . .

Dr. Stock Register . . . . . . .

Cr. Stock Register . . . . . . .

I/We

(Transferor's full name(s), address and occupation)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in consideration of the sum of £ . . . . . . . . .

paid to me by . . . . . . . . . . . . . . . . . . . . . . .

Registered at the Office of the Fremantle Harbour Trust.

hereby assign and transfer unto . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Transferee's full name(s), address and occupation)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examined . . . . . . . . . . . . . .

H . . . ./their executors, administrators, successors or assigns, the sum of £. . . . . . (. . . . . . . . . . . . . . . . . . . . . . . . . . . pounds).

Notices sent: — 

Transferor . . . . . . . . . . .

Transferee . . . . . . . . . . . .

Fremantle Harbour Trust inscribed stock maturing . . . . . . . . . . . . . . . . . . . . . . . . . . .

and all my/our property and interest in and right to the same and to the interest accrued thereon.

As witness . . . . . . . . . . . . . . . . . hand this . . . . . . . . . . day of . . . . . . . . . . 19 . .

Signature of Transferor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(To whom — unless an Officer of the Registry — the person signing this document is personally known. Also see footnotes.)

Occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_______________________________________________________________

I/We hereby accept the Stock abovementioned transferred into my/our name(s) this . . . . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . . . 19 . . . . . .

Signature(s) of Transferee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(To whom — unless an officer of the Registry — the person signing this document is personally known. Also see footnotes)

Occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_______________________________________________________________

Notes:

(1)Where a person signs as a witness to more than one signature, such must be stated beneath the signature of the witness.

(2)The witness must be a Justice of the Peace, Commissioner for Affidavits, Commissioner for Declarations (Commonwealth or State) Notary Public, Solicitor, member of a recognised Stock Exchange, a Bank Manager (who shall sign as such and add the Bank stamp), an Officer of the Registry or such other person as the Registrar approves.

Important. — Transferee's specimen signature . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . .

Form No. 3

Fremantle Harbour Trust

Inscribed Stock

MANDATE FOR TRANSMISSION

To the Registrar,

Fremantle Harbour Trust.

Please have the undermentioned transfer by transmission effected.

From . . . . . . . . . . . . . . . . who lately resided at . . . . . . . . . . . . . . . . . . . .

but who is now . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Fremantle

deceased, bankrupt or insolvent

Harbour Trust Inscribed Stock as under: — 

Amount of Stock (in words)

Amount of Stock (in figures)

Rate %

Date of Maturity

 

To the undermentioned person(s) who is/are . . . . . . . . . . . . . . . . . . . . . . . .

Executor, Administrator,

Trustee.

and who claim(s) by transmission.

Surname(s)

(block letters)

Christian Names

(block letters)

Address

(block letters)

Occupation

 

I/We submit herewith the following documents in support of this claim in accordance with the requirements of the regulations.

Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of Transmittee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . 19 . . . . . . . . . 19 . . . . . . . . . 19 . . . . . . . . . . 19 . . . . . . .

Note. — The witness must be a Judge of a Supreme Court, Stipendiary Magistrate, Police or Resident Magistrate, Barrister or Solicitor, or Commissioner for Affidavits, Member of a recognised Stock Exchange or a Bank Manager, who shall sign as such and add the Bank stamp, or an Officer of the Registry, but if signed outside the Commonwealth of Australia the witness must be a Notary Public or British Consul or Vice Consul or other British Authority, and the Mandate shall be authenticated as required by the Regulations.

For Office use only. Specimen signature of Transmittee(s)

Entered . . . . . . . . . . . . . . . . (Usual signature)

Dr. Stock Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cr. Stock Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registered at the Office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Fremantle Harbour Trust.

Examined: . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . .

____________________

Passed by resolution of the Fremantle Harbour Trust Commissioners at a meeting of the said Commissioners held on the 23rd day of August 1962.

The Common Seal of the Fremantle Harbour Trust Commissioners was at the same time affixed and impressed thereto by order and in the presence of — 

J. M. CONNELL,

Chairman.

MAX B. GRACE,

[L.S.]Commissioner.

F. J. PIPER,

Secretary.

___________________

 

Notes

1.This is a compilation of the Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962 and includes the amendments referred to in the following Table.

Compilation table

Citation

Gazettal

Commencement

Fremantle Harbour Trust (Debentures and Inscribed Stock) Regulations 1962

12 Oct 1962 pp.3427‑37

12 Oct 1962

These regulations were repealed by the Port Authorities Regulations 2001 r. 122(1) as at 1 Jun 2001 (see Gazette 18 May 2001 p. 2487)