Brisbane Tramway Purchase Act of 1920 (10 Geo v No. 34) (Qld)

93GO RAILWAYS AND TRAMWAYS. Brisbane 1'ramway Purchase Act. 10 GEO. V. No. 34, 10 Geo. V. An Act to provide for the Purchase ofthe AuthGrised N T o H . 3 E 4. . Tramway in the City of Brisbane; the City BRISBANE TRAMWAY of South Brisbane, and their Suburbs. PuRCHASE ACT OF 1920. [ASSENTED TO 11TH MARCH, 1920.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may.be cited as "The Brisbane Tramway Purchase Act of 1920," and shall be read with *"The Brisbane Tramways Act of 1913." Interpreta- 2. In this Act, unless the context otherwise requires, tion. the following terms shall have the meanings set against them respectively- Company. " Company "-The Brisbane Tramways Company, Limited, its lawful as~ igns and successors in interest; Principal Act. "Principal Act"-t"The Tramways Acts, 1882-1890" as amended by *" The Brisbane Tramways Act ofI913"; Tramway_ "Tramway"-The tramway or tramways and all duly authorised extensions or additions includ- ing those made under *" The Brisbane Tram- ways Act of 1913" and any agreements made in pursuance thereof including all rights, power- houses, repair-shops, car-sheds, rails, rolling- stock, cables, wires, posts, engines, stocks of wheels, springs, timber, tickets, stationery and other materials whatsoeyer, office furniture and effects, tools, appliances and appurtenances, easements and all other chattels real and personal owned or used by the Company in connection with the Tramway. Except as herein otherwise provided, the several terms defined by t" The Tramways A.ct of 1882" and t" The Tramways Act Amendment Act oJ 1890," as amended by *" The Brisbane Tramways Act of 1913," shall in this Act have the same meanings as are therein assigned to them respectively. *' 4 Geo. V. No. 27, 8upra, page 6064. t 46 Vic. No. 10 and 54 Vic. No. 16, supra, pages 2945 et Beq. ,.

RAILWAYS AND TRAMWAYS. 9361 1920. Brisbane Tramway Purchase Act. rre:je: 8. At any time on or after the twentieth day of Tra~w~ . to' September, one thousand nine hundred and twenty, the y • 18 tramway shall, from a day specified in that behalf by a ' ,notice by the Commissioner for Railways published in ;the Gazette, vest in and become the property of His Majesty freed and discharged from any mortgage, lien, 'Charge, or encumbrance thereon or thereover whatsoever, and the Compally shall on the said day give quiet posses- sion of the tramway to His Majesty; thereupon the Com- missioner for Railways in the State of Queensland shall, subject to this Act, have sole and exclusive ownership a.nd control of the tramway, and of the maintenance, use, and working thereof, and of the regulation of ,the traffic thereon. 4. The amount of purchase money payable for thepurchBSe tramway by His Majesty, and the basis upon which the ~ : : - 6ie. same .shaD be determined, shall be the same as if the compulsory purchase from the Company were made by the Council under *" The Tramways Acts, 1882-1890," and t" The Brisbane Tramways Act of 1913," and any agree- ments made in pursuance of the last-mentioned Act: Provided no claim for compensation shall be allowed in respect of any material foror business of supplying electric light, heat, or power, or of anything used in con- nection therewith other than for tramway purposes. 5. Upon being paid by the Council the value of the Transfer of tramway and any extensions or additions thereto ( not! ~ : ~ ~ : ~ c~ r being less than the sum expended by His Majesty in or . in respect of the purchase of the tramway), His Majesty shall forthwith transfer the tramway to the Council. 6. In the working, management, control, and con- Powers. struction of the tramway, the Commissioner for Railways Dr the Council, as the case may be, shall have all the powers and authority of the Company under the Principal Act as amended by this Act and t" The Brisbane Tramways Act of 1913," or any amendment thereof, in addition to any powers and authorities which the Com- missioner for Railways and the Council respectively may' Dtherwise have. 7. In the purchase of the tramway it shall be lawful Debentures ,for His Majesty at his option to pay to the Company the~ ~ ; • 46 Vic. No. 10 a.nd 54 Vic. No. 16, 8upra, pages 2945 et seq. t 4 Geo. V. No. 27, 8WJM, page 6064.

!)362 RAILWAYS AND TRAMWAYS. Brisbane Tramway Pttrchase Act. 10 GEO. V. No. M, purchase money in cash or in Queensland Government debentures bearing interest at six per centum per annum and having a currency of twenty-one years. The Governor in Council is hereby empowered to issue such debentures to the amount of the purchase money. t!nautho- 8. Where any part of the tramway has been con- ~ ~~~ truction structed without such authority, for which by law . .authority under any Act should have been obtained, such part of the tramway shall on the date aforesaid become the absolute property of His Majesty as if con.; structed with such authority: Provided always that compensation shall not be payable for such part of the tramway, and in ascertaining the amount of purchase money payable for the tramway such part of the tramway shall be wholly disregarded. Purchase by 9. It shall be lawful for His Majesty at any time agreement. before the twentieth day of September, one thousand nine hundred and twenty, to purchase the tramway from the Company at such price and upon such terms and conditions as may be mutually agreed upon: Provided that such agreement shall have no force or effect unless and until ratified by Act of the Parliament of Queensland. Appropria· 10. All sums of money which in pursuance of this tion. Act may from time to time become payable by His Majesty are hereby appropriated for the purpose. Power to 11. The Commissioner for Railways may, at any time ipnusrppeocstesfoorf after the passing of this Act, appoint under his hand any valuation. person or persons authorising him or them to enter and inspect the tramway or any part thereof, and such person or persons shall be at liberty at all times to inspect the said Tramway or part, and any books, papers, vouchers,. records, or other documents of the Company, for the purpose of ascertaining the cost of construction main- tenance or repair, or the value of the said tramway or any part thereof, and for that purpose may enter into or upon any office or premises of the Company, and the. Company shall provide all reasonable facilities for such entry and inspection, and they and every officer of the Company shall furnish to any such person so appointed

RAILWAYS AND TRAMWAYS. 1920. Brisbane Tramway Purchase Act. all such information in their power as may be reasonably required of them. Any person who acts in contravention of this section shall be liable to a penalty not exceeding one hundred pounds and to a daily penalty not exceeding . ten pounds for every day during which such default con- tinues, which sum or sums the Commissioner may recover in any court of competent jurisdiction as a debt due to His Majesty. 9363 SEAFORTH REPURCHASED ESTATE. See LAND, CROWN. TRAMWAYS. See RAILWAYS AND TRAMWAYS.