Brisbane Tramway Trust Act of 1922 (13 Geo v No. 14) (Qld)

RAILWAYS AND TRAMWAYS. ss. 1-3. 13 GEO. V. No. 14, 1922. Brisbane Tramway Trust Act. 10303 RAILWAYS AND TRAMWAYS. An Act to provide for the Acquisition, Construction, 13 Geo. V. Management, and Working of Tramways in No T . H 1 E 4. Brisbane. BRISBANB TRAMWAY TRUST ACT [ASSENTED TO 14TH OCTOBER, 1922.] OF 1922. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- PART 1.- PART I.-PRELIMINARY. PRELIMI. NARY. 1. This Act may be cited as "The Brisbane Tram- Short title. way Trust Act ot 1922." 2. This Act is divided into Parts as follows :- PART I.-PRELIMINARY; PART n.-ADMINISTRATION; PART lII.-AcQUISITION OF THE TRAMWAY; PART IV.-FINANCIAL; PART V.-POWERS AND DUTIES OF TRUST; PART VI.-GENERAL PROVISIONS. Division of Act. Interpretation. 3. In this Act, unless the context otherwise indicates, lnterpreta- the following terms have the meanings set against them tion. respectively, that is to say:- "Area"-The Area as constituted under the Area. Local Authorities Acts within which a Local Authority has jurisdiction; "By-Iaws"-By-Iaws made under the authority Bylaws of tl tis Act; "Chairman"-The Chairman of the Trust: the Chairman. term where necessary includes a Deputy Chairman; " Company"-The Brisbane Tramways Company, Company. Limited, its lawful assigns and successors in in~ Mest ; " District' '-The District of the Trust as defined District. by this Act; "Fare"-A rate, toll, or charge made for con- Fare. veyance of passengers on the Tramway;

10304 PART 1.- PRELIMI- NARy. s.4. RAILWAYS AND TRAMWAYS. Brisbane Tramway Trttst Ad. 13 GEO. V. No. 14, Local Authority. Local Authorities Acts. Minister. Person. RateA.ble land. This Act. TramwA.Y· TruAt. "Local Authority "-A Local Authority con- stituted under the Local Authorities Acts and having jurisdiction within the Area or Division concerned; " Local Authorities Acts"-* "The Local Authorities Acts, 1902 to 1920" and any Act amending or in substitution for the same; " Minister"-The Home Secretary or other Minis- ter of the Crown for the time being charged with the administration of this Act; "Person" includes a company, firm, or any association of persons; " Rateable land "-Land which is rateable under the Local Authorities Acts; "This Act"-This Act and all proclamations, Orders in Council, regulations, rules, by-laws, and notices made or given thereunder; " Tramway "-The Tramway with its appurten- ances, including power-houses, repair-shops, car-sheds, rails, rolling-stock, cables, wires, posts, engines, stocks of wheels, springs, timber, tickets, stationery, office furniture and effects, tools, appliances, and other materials; also lands, easements, and chattels real and personal owned or used by the Company in connection with the Tramway: the term "Tramway" also includes all duly authorised extensions and additions, including those (if any) validated by and those m'1de under t"The Brisbane Tramways Act 0/ 1913"; "Trust"-The Brisbane Tramway Trust con- stituted hereunder: the term where neces- sary includes any person authorised by the Trust to do the particular matter. RepeaL Repeal 0/ t" The Brisbane Tramway Purchase Act 0/ 1920." 4. (1.) t" The Brisbane Tramway Purchase Act 0/ 1920" is hereby repealed. * 2 Edw. VII. No. 19 and Amending Acts, supra, pages 1860 et seq., 5653, 5918, 8304, and 9571. t 4 Geo. V. No. 27, supra, page 6065. t 10 Geo. V. No. 34, supra, page 9360.

RAILWAYS AND TRAMWAYS. SS. 5, 6. 10305 1922. Brisbane Tramway Trust Act. PART 1.- PRELIMI- NARY. (2.) None of the provisions of such Act shall pe Construction .applicable or considered in any way in the construction of Act. 'Or interpretation of *"The Tramways Acts, 1882 to 1890," t" The Brisbane Tramways Act 0/ 1913," or this Act, but such Acts shall be read and construed as if t" The Brisbane Tramway Purchase Act ot 1920" had not been enacted. PART lI.-ADMINISTRATION. Oonstitution ot Trust. PART II.- ADMINISTRA- TION. T:: 5. (1.) For the effective administration o~ this ~risbane Act there shall be a Trust to be called" The BrIsbane way . Tramway Trust." (2.) The Brisbane Tramway Trust shall by that Oorporation. name be a body corporate with perpetual succession and a common seal, and shall be capable in law of suing and being sued and of taking, purchasing, holding, and ttlienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (3.) The Trust shall consist of eight members Number of appoInted and elected as hereinafter provided. Trust. (4.) The members first appointed or elected as aforesaid shall be so appointed or elected within two months after the passing of this Act. (5.) The Governor in Council shall cause the names Constitution of the first members of the Trust to be published in the of Trust. Gazette, and thereupon the Brisbane Tramway Trust shall be deemed to be duly constituted. Government Members. 6. (1.) The Governor in Council shall from time Government to time appoint two persons to be members of the member~ . Trust and shall appoint one of such persons to be the chairman thereof; and upon the office of any such member or chairma~ becoming vacant the Governor in Council may appoint a person in his place for the remainder of the term of his predecessor in office. (2.) The Governor in Council may remove any such member or chairman from his office for misbehaviour or incompetence. * 46 Vie. No. 10 and 54 Vie. No. 16, 8upra, pages 2945 et 8eq. t 4 Geo. V. No. 27, 8upra, page 6065. t 10 Geo. V. No. 34, 8upra, page 9360.

10306 s. 7. RAILWAYS AND TRAMWAYS. II.- PART ~ - - - -- - --- --- - --- --- --- ­ ADMINISTRA- TION. Brisbane Tramway Tnlst Ad. 13 GEO. V. No. 14, (3.) If at any time it becomes necessary owing to illness, absence, or other sufficient cause, the Governor in Council may temporarily appoint some person to be a deputy member or deputy chairman in the place of the member or chairman so appointed as aforesaid, and while so acting the deputy member or chairman, as the case may be, shall have al1 the powers and authorities and be subject to the same duties and obligations as the member or chairman so appointed as aforesaid. (4.) Upon the payment of the whole of the principal moneys due in respect of all debentures or inscribed ~ tock, the payment whereof shaH be or be deemed to be guaranteed under this Act by or on behalf of the Govern- ment of Queensland, (he m0mbers appoinued by the G:Jvernor in Council shall cease to hold officn, and n') further app~ . intments of members sh3,11 be made by the Governor in Council under this section. The Trust shall thereafter consist of six memb( ~ rs elected as hereinafter provided, one of whom shall be appointed chairman by the Governor in Council. (5.) The Governor in Council may appoiut any member to be deputy chairman in the absence of the chairman, and if the member appointed deputy chairman is a member appointed by the Governor in Council under this section the Governor in Council may appoint a deputy member in the place of the member so appointed, Eleded members. Elected M embers. 7. (1.) The aldermen of the Council of the City of Brisbane shall from time to time by ballot elect two persons to be members; (2.) The aldermen tmd councillors of the Councils of the City of South Brisbane and the Shires of Balmoral, Coorparoo, and Stephens shall from time to time together by ballot elect tw~ persons to be members; and (3.) The aldermen and councillors of the Councils of all the other Areas comprised within or partly within the District shall from time to time together by ballot elect two persons to be members. Schedule 1. (4.) With respect to the election of members the provisions set forth in the First Schedule to

1922. RAILWAYS AND TRAMWAYS. B1-isbane Tramway T1-ust Act. ss. 8,9. 10307 PART II.- ADMINISTRA- TION. this Act shall be observed both as regards the first and all subsequent elections: Provided that in the case of the first election the Governor in Council shall appoint the returning officer, who shall report to the Minister the names of the persons elected. Disqualification ot M embers ot Trust. 8. (1.) No Member of Parliament and no person Disqualifica- who is in any wise concerned or interested in tlOns. any bargain or contract made by the Trust, and no person having his affairs under liquidation byarrange- ment with hia creditors or being an uncertificated or undischarged insolvent, and no person of unsound mind, shall be capable of being or continuing a member of the Trust : Provided that nothing herein 8hall disqualify any person from being or continuing such member solely because he is concerned or participates in a transaction with the Trust in respect of- (i.) A sale or purchase of land or an agreement for such sale or purchase; or (ii.) A contract entered into by an incorporated company for the general benefit of such company; or (iii.) The sale of goods to or the performance of any work for the Trust bona fide in the ordinary course of business, and not pursuant to any written contract, and not exceeding the sum or value of twenty pounds in any one year. (2.) If an elected member fails to attend three or more consecutive meetings of the Trust without leave of absence obtained from the Trust, he shall cease to be such member. Members and Officers 0& Local Authority Eligible. 9. Notwithstanding anything contained in any l!:ligihility Act, no person sha11 vacate any 0 ffice or p I ace as mayor, aonf dmeomffihceerrss chairman, a.lderman, councillor, or officer of any Local of Loca~ Authon' ty, or become m- elI' gl' ble for any such 0 ffice or AuthOrIty. place, or be in any way prejudiced or affected, by reason merely of his holding office as a member of the Trust and receiving the remuneration hereby provided.

10308 ss. 10-12. PART II.- ADMINISTRA- TION. RAILWAYS AND TRAMWAYS. Brisbane Tramway Trust Ad. 13 GEO. V. No. 14, Tenure 0/ M embers 0/ Trust. Date.of 10. (1.) The members first appointed or elected as ~ f~ ~ ~~tment aforesaid shall be deemed to have been so appointed members. or elected on the date of the constitution of the Trust. (2.) Subject to this Act, all members shall hold. office for three years. Any member is eligible to hold office if re-elected. Vacancies, how filled. Vacancies. 11. (1.) An election to fill vacancies shall be made not less than fourteen days nor more than two months before the places are to become vacant. (2.) If no election takes place or an insufficient number of members is elected as provided by this Act, the Governor in Council may appoint some fit and proper person or persons to be a member or members of the Trust and every such member shall hold office for the same term as if he had been duly elected at the proper time. (3.) If a vacancy arises by reason of death, resig- nation, or otherwise in the office of chairman or member appointed by the Governor in Council, the Governor in Council may appoint a fit and proper person to fill such vacancy; and if a vacancy so arises in the office of any other member the vacancy shall be fiHed within fourteen days thereafter in manner hereinbefore provided by the election of another member, or failing such election by appointment by the Governor in Council. A member appointed or elected to fill any such vacancy shall hold office for the remainder of the term of his predecessor in office. Quoncm. 12. While the Trust consists of eight members five membersshall be a quorum at any meeting of the Trust, and when the number of members of the Trust is reduced to six as hereinbefore provided any four members shall be a quorum at any such meeting. All the powers and authorities by this Act vested in the Trust may be exercised by a majority of the members present at any meeting where there is a quorum.

1922. RAILWAYS AND TRAl\iWAYS. Bl'isbane Trmmcay Trust Act. ss. 13-15. 10309 PART II.- ADlIUNISTRA- TION. Remuneration 0/ TTustees. 13. (1.) The chairman and each member of the Trust shall be paid out of the General Fund, by way of remuneration for their services, such fees as the Governor in Council may approve, not exceeding in the case of the chairman the sum of three hundred pounds per annum, and in the case of each member the sum of two hundred and fifty pounds per annum. Chairman to have Casting Vote. (2.) The chairman or deputy chairman, as the case may be, shall have a deliberative vote, and where the votes of members are equally divided he shall also have a casting vote. Proceedings and Business 0/ Trust. 14. The provisions set forth in the Second Schedule Schedule U. to this Act shall govern the proceedings and business of the Trust with respect to the several matters therein; dealt with, and shall be binding upon and observed~ by all persons concerned. District 0/ Trust. 15. (1.) The District of the Trust shall be the area District comprised within the boundaries for the time bejng of defined. the Cities, Towns, and Shires and divisions of shires following, that is to say:- Cities 0/- Brisbane, South Brisbane. Towns 0/- Hamilton, Toowong, Ithaca, Windsor. Shires 0/- Balmoral (Divisions I. and n.), Coorparoo, Enoggera (Division 1.), Kedron (Division I.), Stephens, Toombul (Kalinga Division). (2.) The Governor in Council may from time to time by Power to Order in Council alter the boundaries of the said District. ~ ~~ ~ darieB. The said District and any alteration thereof as aforesaid shall be called "The Brisbane Tramway District," and this Act shall extend and apply thereto. ~

10310 s. 16. RAILWAYS AND TRAMWAYS. PART II.- - - - - - - ADMINISTRA.- TION. Brisbane Tramway Trnst Ad. 13 GEO. V. No. 14, Adjustment (3.) If at any time the District is extended so as toaftiroepnrEsen- to include the whole or any part of an Area of another thereafter. Local Authority, or the Areas of any of the Local Authorities comprised within the District are amended by the abolition of an Area or the creation of a new Area, then the Local Authorities having jurisdiction in the District so constituted for the time being shall be divided into three groups, each of one or more Local Authorities as the Governor in Council thinks fit, and the Councils of each such group shall at the time and in manner aforesaid elect two persons to be members of the Trust. PART Ill.- PART lIl.-AcQUISITION OF THE TRAMWAY. ACQUISITION OF THE TRAMWAY. Acquisition Date of Acquisition. 16. (1.) At any time after the constitution of the of Tramway. Trust under this Act, the Trust shall, from a day specified in that behalf by a Proclamation by the Governor in Council published in the Gazette, become the owner of the Tramway free and discharged from any mortgage~ lien, charge, or encumbrance thereon or thereover what- soever, and the Company shall on the said day give quiet possession of the Tramway to the Trust, and the Trust shall subject to this Act have sole and exclusive ownership and control of the Tramway, and of the maintenance, use, and working thereof, and of the regulation of the traffic thereon. guch acquisition by the Trust shall be deemed to be a purchase by the Councils of the Local Authorities specified in section fifteen pursuant to *" The Tramways Acts, 1882-1890" and t" The Brisbane Tramways Act of 1913." (2.) The amount of purchase money payable for the Tramway by the Trust upon the assumption of owner- ship of the Tramway by the Trust, and the basis or principle upon which the same shall be assessed, and the Court or person by whom such purchase money shall be assessed, shall be the same as if the compulsory purchase from the Company were made under *" The Tramways Acts, 1882-1890," and t" The Brisbane Tramways Act of 1913," and any agreements made in pursuance of the last-mentioned Act: Provided that except with the approval of the Governor in Council, no agreement shall * 46 Vie. No. 10 and 54 Vie. No. 16, 8upra, pages 2945 et seq. t 4 Oeo. V. No. 27, supra, page 6065.

RAILWAYS AND TRAMWAYS. s.16. 10311 PART HI.- 1922. Brisbane Tramway Trust Act. ACQUISITION OF THE TRAMWAY. be made by the Trust with the Company in respect of the payment of compensation for the Tramway or as to the basis or principle upon which, or the Court or person by whom, such compensation shall be assessed. (3.) The judgment or order assessing such purchase money shall state- (i.) The amount that shall be paid for the Tram- way if the payment is made in cash; (ii.) The amount that shall be paid for the Tram- way if the payment is made on terms as hereinafter in section seventeen provided. (4) The basis or principle upon which and the Court or person by whom such purchase money shall be assessed shall, in case of any disagreement or dispute, be determined by the Full Court of Queensland upon the petition of the Minister or the Company, and such petition may be made at any time after the passing of this Act. The judgment or order of the Full Court upon such petition determining such basis or principle or court or person shall, subject to appeal, be binding on the Minister the Trust and the Company and upon all courts, and such purchase money shall be assessed in accordance with such judgment or order. The Minister and the Company shall respectively have the same rights of appeal from the judgment or order of the Full Court upon such petition as in the case of any other judgment or order of the Supreme Court of Queensland. For the purpose of determining such basis or prin- ciple or court or person upon such petition, the Full Court shall not in any way take into consideration or at pay regard to *" The Brisbane Tramway Purchase Act 1920" hereby repealed, or this Act (other than this section) or any provision in either of such Acts, or draw or make any inference or implication that might other- wise be drawn or made therefrom. (5.) All legal proceedings and appeals in respect of the determination of the purchase money for the Tramway shall be conducted by His Majesty on behalf of the Trust: and the Trust shall pay to His Majesty the expenses incurred by His Majesty in respect of such proceedings * 10 Geo. V. No. 34, supra, page 9360.

10312 s. 17. RAILWAYS AND TRAMWAYS. PART III.- ACQUISITION OF THE Brisbane Tramway Trust Ad. 13 GEO. V. No. 14, TRAMWAY. and appeals, together with interest thereon at a rate to be determined by the Governor in Council, but not exceeding the rate of six pounds per centum per annum as from the date when such expenses were respectively incurred. The certificate of the Treasurer as to the amount of such expenses and interest shall be conclusive evidence thereof, and such expenses and interest shall be a debt due to His Majesty and be recoverable from the Trust accordingly. Purchase money. 17. (1) 'Within two calendar months after the final determination of the amount of purchase money, the Trust shall pay to the Company at Brisbane the amount so determined, in cash (unless within such period of two calendar months the Governor in Council shall direct that the Trust shall pay the purchase money to the Company on terms), together with interest thereon at the rate of five pounds ten shillings per centum per annum from the date of such final determination until payment of such purchase money. Until payment in full as aforesaid, such purchase money and interest shall be a first charge upon the revenues of the Trust. The due payment of such purchase money and interest shall also be and be deemed to be guaranteed by the Government of Queensland. (2.) If the payment is directed to be made on terms as aforesaid, the purchase money shall be payable imme- diately upon the expiration of twenty-one years from the day specified in the Proclamation referred to in sub- section one of section sixteen hereof, as the day upon which the Trust is to become the owner of the Tramway, but may at the option of the Trust be paid at any time. after the expiration of ten years from such date. Payment shall be made in cash in full to the Company at Brisbane. Interest on the amount of such purchase money shall be paid, at the rate of five pounds ten shillings per centum per annum, to the Company at Brisbane, on the first days of January and July in every year until such purchase money is paid. All interest accruing due between the last day fixed for the payment of interest and the actual date of pay- ment of the purchase money shall be paid therewith.

RAIIJWAYS AND TRAMWAYS. s. 17. 10313 PART III.- 1922. Brisbane Tramway Trust Act. ACQUISITION OF THE TRAMWAY. (3.) In lieu of its rights under subsection two hereof, the Company may require the Trust to issue and the Trust shall thereupon issue to the Company or its nominees debentures or inscribed stock, or debentures and inscribed stock, of a total face value equal to the amount fixed under paragraph (ii.) of subsection three of section sixteen hereof, in such proportions and in such parcels as the Company shall direct. (4.) All such debentures and stock shall have a currency of twenty-one years from the day specified in the Proclamation referred to in subsection one of section sixteen hereof, as the day upon which the Trust is to become the owner of the Tram- way, and shall bear interest at the rate of five pounds ten shillings per centum per annum from that day, but shall be subject to redemption at par together with accrued interest at the rate aforesaid up to the actual date of redemption at any time after the expiration of ten years from such date. The principal and interest on such debentures and stock shall be payable at Bris- bane, and the interest shall be payable on the first days of January and July in every year during the currency of the debentures. All interest accruing due between the last day fixed for payment of interest and the actual date of payment of such principal shall be paid therewith. (5.) Such debentures and stock shall be a first charge on the revenues of the Trust. (6.) The provisions of the Second Schedule relating to debentures and inscribed stock shall apply to such debentures and stock issued under this section. . (7.) The due payment by the Trust of such deben- tures and stock and interest on such debentures and stock shall also be and be deemed to be guaranteed by the Government oi Queensland. (8.) Pending the final determination of the amount of assessment of purchase money, the Trust shall pay to the Company half-yearly out of the general fund, interest calculated as from the day specified in the Proclamation in subsection one of section sixteen hereof referred to at the rate of five pounds ten shillings per centum per annum, on such sum as the Trust, with the approval of the Governor in Council, calculates will be the amount of purchase money which will be assessed in cash as aforesaid:

10314 ss. 18, 19. RAILWAYS AND TRAMWAYS. PART I I I . - ~ ~ ­ ACQUISITION 01.' THE Brisbane Tramway Trust Ad. 13 GEO. V. No. 14, 'l'aAMWAY. Provided always that upon the final determination of the amount of purchase money-- (1) The Trust shall forthwith pay to the Company the amount (if any) by which interest at the rate of five pounds ten shillings per centum per annum on the amount of purchase money so finally determined under paragraph (i.) ot subsection three of section sixteen hereof for the period between the day specified in the said Proclamation and the date of such final determination exceeds the amount of interest already paid by the Trust to the Company under this subsection; or (2) The Trust may deduct from the amount of purchase money so finally determined. the amount (if any) by which the interest already paid by the Trust to the Company under this subsection exceeds the amount of interest at the rate and on the amount and for the period first mentioned in paragraph one of this subsection. PART IV.-- FINANCIAL. PART' IV.-FINANCIAL. General Fund and Loan ACC01tnt. General Fund. 18. (1.) The Trust shall establish a fund to be called the" General Fund." All money whatsoever received by the Trust (in- cluding loan moneys) sha.ll be carried to the General Fund. The General Fund shall be applied by the Trust to the doing and performing of all acts, matters, and things which the Trust is by this or any other A.ct empowered or required to do or perform. Loan Account. (2.) The Trust shall cause to be kept in its books of account a separate account to be called the" Loan Account," and proper entries to be made therein of all moneys. Reserve Funds. Reserve and Superannuation Funds. 19. The Trust may, in respect of its undertakings, establish- (1) Reserve Funds to meet expenses incurred in renewals or for any other purpose; ( ~ ) :Superannuation Funds to provide for the payment to officers and servants of the

1922. RAILWAYS AND TRAMWAYS. Brisbane Tramway Trtlst Act. ss. 20-22. 10315 PARTlV.- FINANCIAL. Trust or their dependants of gratuities, retiring allowances, and other such grants; (3) Bonus funds to provide for the payment to officers and servants of the Trust a bonus when in any year the profits of the TlUst exceed the amount required to meet the liabilities of the TlUst under this Act. Sinking Fund. d ay o 2 f 0 J . anTuhaeryTr I . u II stt h sehsaellc, onnodtanladteervethryansutbhseeqfouuerntteeynetahr ct S or i e n ba k et i e n d g . fund after the assessment of the purchase money for the Tramway is finally determined, payout, of the revenues of the Trust to the credit of a Sinking Fund a sum not being less .than ten shillings per contum of the amount of such purchase money as assessed in cash, or such lesser sum as the Governor in Council may from time to time determine by Order in Council published in the Gazette. Investment of Funds. 21. (l.) Any sums standing to the credit of the Investment Sinking Fund shall be invested in Queensland Government of funds. securities or in the repurchase of debentures or stock issued under this Act, and any sums standing to the credit of any reserve or superannuation fund t-:hall be invested in like manner. (2.) Whenever it is necessary to have resort to any fund mentioned in this section for any purpose for which the fund was established, the Trust may sell any securities in which the fund is invested or O'btain an advance thereon from any bank. (3.) Interest on moneys invested which stand to the credit of any sinking fund or any reserve or super- annuation fund shall be carried to the credit of and form part of the fund to v{hich the moneys so invested belong. Borrowing Pou;ers. 22. (1.) Subject to this Act, the Trust may from Issue of t 1 · me t 0 · tl . me, Wl 'tl 1 the permIS.S.IOn 0 f t he Governor m. d o e r b s e to n c tu k r , es Council, mise by way of loan such Slilms of money as it thinks necessary for the purposes of this Act- (i.) By the sale of debentures or the issue of inscribed stock to be called" Brisbane Tram- way Inscribed Stock" ; or (ii.) Partly in one way and partly in the other. lA

s. '23. PARTlV.- FINANCIAL. ILULWAYS AND 'l'RAlVIWAYS. Brisbane Tramway Trust Ac~. 13 GEO. V. No. 14, (2.) Every such permission shall be signified by an Order in Council published in the Gazette, and such Order in Council shall declare the amount that may be so borrowAd, the purposes for which the same shall be borrowed, the currencv of the debentures or inscribed stock, and the rate all'd place and times of payment of interest payable thereon. Moreover, any such per- mission may be granted subject to the condition of providing a proper sinking fund, or subject to the condi- tion that a proportion of the principal money shall be repayable at stated intervals during the currency of the debentures or inscribed stock, and to such other con- ditions as the Governor in Council may impose. A pplicl1ti 0'1 (3.) The moneys so raised by the sale of debentures of rnoneys. or the issue of inscribed stock, or such portion thereof aB may be found necessary for the purpose, shall be expended for the purposes declared in the Order in Council, and in the proportions, if any, therein specified and not otherwisE". (4.) The Treasurer may, on behalf of the Govern- ment of Queensland, in such manner and on such terms and conditions as are prescribed, guarantee the due payment of any debentures or ins8ribed stock issued by the Trust as aforesaid. Sche(lule H. (5.) The provisions of the Second Schedule relating to debentures or inscribed stock shall apply. LoanR by f'rreasnrec. GOL'ernment Loans. 23. (1.) Subject to the provisions hereinafter con- tained the Governor in Council may, by warrant under his hand addressed to the Treasurer, direct him to advance to the Trust by way of loan, out of any moneys 8Jppropriated by Parliament for that purpose, such sums as the Governor in Council may think fit for the purposes of this Act. (2.) Every such loan shall be for such period and bear interest at such rate and be subject to such con- ditions with respect to repayment, sinking fund, and generally, as may be determined by the Governor in Council. (3.) The Trust may, with the consent of the Governor in Council, from time to .time redeem the whole or any part of any loan then outsta,nding at such periods and on such terms and conditions as the Governor in Council thinks fit.

1922. RAII~ WJ, - YS AND 'l'HAl\IWAY8. Brisbane Tmnnray Trllst Act. ss. 24-27~' 10317 PART IV.- F1NANClAL. Loans on Overdraft. 24. For the temporary accommodation of the Trust Bal1k it may obtain advances by overdraft of current account overdraf~ ;. in any bank or banks upon the credit of the Trust, but so that the principal moneys owing on overdraft do not at any time exceed one hundred thousand pounds. Security for Loans. 25. Subject to this Act, moneys borrowed by the Seeurity for Trust shall with interest thereon be charged and s;ecured loans. upon the revenues of the Trust. Deficiencies, how made 1tlJ. 26. (1.) If in any year there is a deficit by reason Defic:encies. -of the revenues of the Trarnway and other undertakings of the Trust (together with any moneys available in any reserve fund to meet a deficit) being insufficient to satisfy or provide for past or future liabilities properly chargeable to that year (including liabilities for interest and sinking fund payments) the TrlJst may- (i.) Charge the deficit to the revenues of the following year; or (ii.) Issue to each Local Authority. comprised within the District of the Trust a precept requiring such Local Authority to pay to the Trust a share of the deficit, which shall bear the mme proportion to the total deficit a,s the rateable value of the rateable land in that part of the Area of such Local Authority within the District of the Trust bears to the rateable value of all rateable land in such District, and each such amount shall be fixed by the Trust. (2.) The anlOunt so payable shaH be a debt due to the Trust by the Local Authority upon which the demand is made, and recoverable accordingly. (3.) In order to provide the amount so payable, the Local Authority may from time to time levy· a special rate of sufficient amount in rnanner provided by the Local Authorities Acts. ExernlJtion lrorn Taxe:'3, &c. 27. No taxes, other than Loca,l Authority rates or Exemption 8Jssessments, shaH be assessed, levied, or paid on or I ~ n f & r c o . n~ taxes, respect of the property or revenue of the Trust.

10318 ss. 28, 29~ RAILWAYS AND TRAMWAYS. Brisbane Tramway TruBt Ad. 13 GEO. V. No. 14, PART V.-- POWERS AND PART V.-POWERS AND DUTIES OF TRUST. DU'fIES OF TRl:ST. Exclusive Tramway Rights oj Trust. Exclusive 28. Subject to the provisions of this Act, the criognhsttrtuoct Trust shall have the exclusive right to construct, main- tramways tain, manage, and operate tramways, and shall also have wDiitshtriinctthoef the exclusive right to maintain, manage, and operate the Trust. motor and horse omnibus services and any like public passenger conveyance services within the District of the Trust: Provided that the Trust m/)N from time to time and for such period, not exceeding fi~ · e years and subject to such conditions as the Trust may impose, grant to puny person the right to maintain, manage, and operate motor or borse omnibus services or ~ my like pll blic passenger conveyance services within the District of the Trust and requir~ e the payment of fees in respect of such right,. whether by way of annual fees or otherwise. The provisions of *"The Traffic Acts, 1905 to 1916 ,t in so far as they relate to the issue of licenses, permits. and registrations and the appointment and regulation of routes and public stands shall not apply in respect of motor or horse omnibuses or services or any like public passenger conveyance services within the District of the Trust. The General l,{anager. General manager to be appointed. 29. The Trust shall from time to time appoint a general manager, and such general manager shall be responsible to the Trust for the proper management of the Tramway and all extensions t,hereof, and shall give and make to the Trust such information and reports as the Trust shall from time to time require. His powers. The general manager shall appoint all engineers. surveyors, inspectors, clerks, collf?ctors, motormen, con- ductors, pointsmen, and other officers and servants necessary for such management, and may, subject to this Act, dismiss, disrate, fine, or otherwise deal with such officers and servants for any breach of duty or discipline. Every such employee so dealt with shall have a right of appeal to the Appeal Board referred to in the Fourth Sch. IV. Schedule. * 5 Edw. VII. No. 18 and Amending Acts, 8upra, pages 3487, 3494, and 7668.

RAILWAYS AND 'l'RAMWAYS. s.30. 10319 1922. Brisbane l'ramway Trust Act. PART V.- POWERS AND DUTIES OF TRUST. In making appointments, the General Manager shall not exercise any discrimination against any person on -the ground that such person ceased work as an employee of the Company on the occasion of the Tramway strike ()f 1912. The General Scheme. 30. (1.) (i.) As soon as practicable after the con- General stitution of the Trust a general scheme for the future ~ ~ h; : ~ : ; : d. development of the tramways, for the service of the District, shall be prepared by the Trust. (ii.) The Trust shall submit proposals for the general scheme to an Advisory Board consisting of one member appointed by the Governor in Council and two membei's appointed by -the Trust, and may pay to the members of -the Advisory Board so appointed such fees as it may determine. The Advisory Board shall, on such reference, report to the Minister and to the Trust. (iii.) The general scheme shall not be adopted by -tue Trust until it has received the approval of the Governor in Council. (iv.) The general scheme may be revised from time to time, and the provisions of this section shall extend and apply to every such revision. (v.) After the general scheme has been adopted, Future lines no extension or any alteration of the Tramway or any : ~ e~ ~ ~ ~ nn new tramway shall "be constructed or made by the Trust unless such extension or alteration or new tramway (Jonforms to the" general scheme. (2.) (i.) Until the general scheme has been adopted -the Trust may, with the approval of the Goveinor in Council, undertake extensions, alterations. or nev;T tramways. (ii.) The Trust shall make a written application to the Minister for such approval, and such application shall be accompanied by a map or plan showing the proposed route of the extension or alteration or new tramway and the area to be served by such extension, alteration, or new tramway; an estimate of the popula- tion and the rateable value of land in such area; an estimate of the probable cost of construction and of other provision required; an estimate of the working expenses and of the probabie revenue; a statement of

]0320 Ss. 31,32. RAILWAYS AND rrRAMWAYS. PARTV.- POWERS A~ D DUTJES'OF TRUST. Brisbane Tramway Trust Act. 13 GEO. V. No. 14, the proposed fare sections and fares proposed to be charged; particulars as to motive power and supply; and such other information as the Minister may require. Truses general allthority. General Authority 0/ Trust. 31. Subject to this Act, the Trust shall have all the powers and authorities of the Company under *" The Tramways Acts, 1882-1890" and "!" The Brisbane Tramways Act oj 1913," but shall have no po,ver to sell, lease, mortgage, or other'wise dispose of the Tramway. rart,;cular powers Path'cular POlDers oj Tnt8t. 32. The Trust may, for the purposes of this Act- (i.) Maintain and work the Trannvay in, on~ through, under, or over any road; and break up, open, and alter the surface or level of any rc.ac1 ; (ii.) Temporarily stop traffic up:m any road; (iii.) Place, erect, lay down., "vork, a,nd maintain in~ over, or under any road, and, with the consent of the mvner or occupier thereof, attach to any building, any apparatus or thing which in the opinion of the Trust nmy be necessary or expedient in connection with the transmission of electric energy ~ and may from time to time repair, renew, remove, and replace the same; (iv.) Make openings, ways, and subways in, on, or under any road, with openings and ways into the same; (v.) Open, break up, and alter the position of sewers, drains, tunnels, gas-pipes, or water- pipes in or under any road; or, with the consent of the Postmaster-General of the Commonwealth, raise, lower, alter, or remove any telegraphic, telephone, or electric appara- tus, whether under the control of the Postmaster-General or not; (vi.) Alter, remove, replace, or relay in any position or situation any existing or future tram system, or any part thereof, or anything connected therewith; * 46 Vic. No. 10 and 54 Vic. No. 16, supra, pages 2945 et seg. t 4 Geo. V. No. 27, 8upra, page 6065.

RAIIJWAYS AND TRAMWAYS. s.32. l032J. 1922. BrL~ banc Trarnway Trust Act. PART V.- POWERS AND DUTIES OF TRUST. (vii.) Extend or vary any future or existing tram system: Provided that any tramway con- structed by the Trust shall be upon the same gauge as and of not less than equal stability to the tramway acquired from the Company; (viii.) Make, renew, remove, replace, or alter, as to position or otherwise, any junction, siding, station, turn-table, or turn-out; (ix.) Purchase and take, under *" The Public Work" Land Resu,mption Act oj 1906," any land or buildings (except land subject to a public right-of-way) which in the opinion of the Trust may be necessary or convenient to be purchased or taken for any purposes authorised by or under this Act; (x.) 'With the consent of the Governor in Council and for the purpose of shortening any route or avoiding curves, form, make, and pave a road through any square or park lands, and thereon make, form, lay do\yn, maintain, remove, renew, and work any tramway: Pro- vided that such road 8h8,11 be formed, made, and paved, and kept in repair and fenced at the expense of the Trust to the satisfaction of the Local Authority concerned; (xi.) Erect, repair, remove, alter, pull down, or make additions to any power-houses, storage stations, tram-sheds, stables, or buildings, with all proper offices, conveniences, and appurtenances; (xii.) Carry on the business of tramway proprietors, and of buyers, generators, and users of electric light, heat, and power, and, in any area in which the Trust is authorised by an Order in Council under t" The ElectTic Light and Power Act oj 1896" or any Act amending such Act or in substitution therefor, sell and supply electric light, heat, and power: Provided that the Trust may without obtain- ing any such Order in Council sell and supply electric light, heat, or power to all persons * 6 Edw. VII. No. 14, supra, page 821l. t 60 Vie. No. 24, supra, page 702.

10322 ss. 33, 34. RAILWAYS A::\,D TRA)[WAYS. PART V.- POWERS AND DUTIES OF TRUST. Bl'isbane Tramway Trust Act. 13 GEO. V. No. 14, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~- -. - -- - ~ who at the date when the Trust becomes the owner of the Tramway under this Act are users of electric light, heat, or power sold and supplied by the Company; (xiii.) For the purpose of stimulating or developing the traffic of imy tram system, carry on the business of omnibus proprietors, and pur- chase, acquire, and use any vehicles, horses, motors, and things ,vhich in the opinion of the Trust may be required for the purpose of carrying on such business ; (xiv.) For the purpose of stimulating or developing traffic, establish or keep and maintain, or assist in establishing, keeping, or maintaining, and rent, let, lease, buy, sell, or grant licenses in respect of public parks, gardens, restaurants, rest-houses, or places of entertainment or amusement, to which passengers may con- veniently resort; (xv.) Sell or dispose of any property of the Trust which, in the opinion of the Trust, it may be desirable to dispose of, with power to exchange such property for other property of any kind; (xvi.) Receive and grve effectual receipts or dis- charges for any gift, devise, legacy, or bequest; (xvii.) Make by-laws with respect to all or any of the matters set forth in the Third Schedule to this Act. PART V1.- GENERAL PROVISIONS. PART VI.-GENERAL PROVISIONS. Traffic. Traffic. 33. Nothing in this Act shall limit the powers of the Commissioner of Police to regulate the passage of traffic along or across any road; and the said Commis- sioner may exercise his authority with respect to the traffic of the Trust. Saving of Local 34. Nothing in this Act shall take away from or Authorities' affect any power which any Local Authority may have rpooawdes. rs as to to increase the width of, alter, divert, or improve, or otherwise deal with any road.

RAILWAYS AND TRAMWAYS. ss. 35,36. 10323 1922. Brisbane l'r(l;mway Trust Act. PART VI.- GENERAL _ _ _ _ _ _- - - - - - - - - - - - - - - - - - - PROVISIONS. Offences. 35. (1.) \Vhere anything is by this Act, or by any Vi ola ti 011 of direction, order, or notice made under the authority of A, ~ t an this Act, directed to be done or forbidden to be done,o,[ence. {)r where any authority is given to the Trust or any of its officers to direct or to forbid anything to be done, and such act so directed to be done remains undone, ()r such act so forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be guilty of an offence against this Act. (2.) Any person guilty of an offence against this General Act for which no penalty is specifically provided shall be penalty. liable to a penalty not exceeding twenty pounds, and to a daily penalty not exceeding forty shillings for each day on which such offence is continued after notice by the Trust. (3.) All penalties and forfeitures incurred under this Penalties Act may be re . covered in a summar • v w • ay under *" There S c l o lm v m er a e r . l d ly. Justices Acts, 1886 to 1909" on the complaint of the secretary or an authorised officer, or, if the Trust or any of its members or officers or any person authorised by it is the offender, on the complaint of the person aggrieved. (4.) Every penalty imposed by this Act in respect Who are {)f any offence may be recovered from the person actually li~ ble for committing the offence, or from the person in whose o,ences. employment he is and on whose behalf or for whose benefit he is acting, or (where under this Act it is the duty of any person to abstain from any act, or where any person has lawfully the authority to prevent any act or default) from the person wilfully permitting any act or default, or from all or some of such persons; and for the purposes of this Act all such persons shall be deemed to have done the act, or made the omission complained of, or caused the same to be done or made. 36. (1.) Any penalty imposed upon or recovered Saving of from an~ person under this Act shall be virithout prejudice ~~ ~~~ edings. to the rIght of the Trust to recover from such person- (i.) Any sum for damage sustained by it through his act or default; (ii.) The expenses incurred by it in remedying any such damage. * 50 Vic. No. 17 and Amending Acts, 8'upra, pages 1132 et seg.

10324 ss. 37, 38. RAILWAYSAND TRAMWAYS. VI.- PART - - --- -~- -- - -- - - - - - - - - - - ­ GENERAL Brisbane Tramway Trust Ad. 13 GEO. V. No. 14, PROVISIONS. - - - --- -~ - -- - -- - - - - - - - - - - - All such sums may, at the option of the Trust or its prosecuting officer, be recovered in the same pro- ceeding by which the penalty is sought to be recovered, or in another proceeding by complaint or action. (2.) The payment of such penalty shall not bar or affect the right of the Trust to bring any action or to take any proceeding against such person or any other person liable. (3.) The Trust may, if in its opinion summary proceedings would afford an inadequate remedy, cause any proceedings to be taken against any person in the Supreme Court to enforce the abatement or prohibition of any nuisance, or to enforce compliance with any order made under this Act, or for the recovery of any penalties or expenses from or for the punishment of any persons offending against this Act. Duty of police officers. 37. It shall be the duty of every police officer who finds any person committing an offence against this Act to demand from such person his name and place of abode, and to report the fact of such breach and the name and place of abode of such person, as soon as conveniently may be, to the secretary. Any person who refuses to state his name and place of abode when required by a police officer so to do, or who in his opinion states a false name or place of abode, may, without any other warrant than this Act, be apprehended by him and taken before a justice of the peace, to be dealt with according to law. Any person who refuses to state his name and place of abode, or states a false name or place of abode, shall be liable to a penalty not exceeding five pounds. Any police officer who finds any person committing an offence against this Act may, without any other warrant than this Act, apprehend such person and take him before a justice of the peace, to be dealt with according to law. Claims for Damages agwinst Trust. Compensa- tion in case 38. Except as by this Act is otherwise provided, if of damages. any person sustains any damage, by reason of the exercise by or on behalf of the Trust of any of the powers con- ferred by this Act, in relation to any matter as to which he is not himself in default, full compensation shall be made to such person by the Trust.

1922. RAILWAYS AND TRAMWAYS. Brisbane Tramway T1'ust Act. ss. 39-41. 10325 PARTVI.- GENERAL PROVISIONS. Protection ot Trust's Officers. 39. An action shall not be brought against the NO~ loe of Trust or any member thereof, or any officer of the aotIOn. Trust or person acting in his aid, for anything done or intended or omitted to be done under this Act until the expiration of one month after notice in writing has been served on the Trust, member, officer, or person, clearly stating the cause of action and the name and place of abode of the intended plaintiff and of his solicito~ or agent. On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved the Court shall find for the defendant. Every such action shall be commenced within six months next after the accruing of the cause of action and not afterwards. Any person to whom such notice of action is given may tender amends to the plaintiff, his solicitor or agent, • at any time within one month after service of the notice, and in case the same is not accepted may plead the .tender. 40. No matter or thing done and no contract Protection of Trust entered into by the Trust, and no matter or thing done a~ d by any officer of the Trust, shall, if the matter or thing ;er:::alrom was done or the contract was entered into bona fide for liability. the purpose of executing this Act, subject any member of the Trust or any such officer to any personal liability in respect thereof. Any expense incurred by any member or officer acting as last aforesaid shall be deemed to be an expense authorised by this Act. Orders in Co'uncil. 41. (1.) The Governor in Council may from time Orde~ iD to time make all such Orders in Council as he thinks Counoil. fit for the further or more effectually or particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter, and for extending periods of time, and for curing irregularities, and for SUbstituting new for lost or destroyed documents.

10326 s. 41. RAILWAYS AND TRAl\JIWAYS. 8ch. I., rr. 1, 2. PARTVI.- ---------------------------------------------------- GENERAL PROVISIONB. Brisbane Tramway Trust Ltd. 13 GEO. V. l\o. 14, (2.) Such orders may be of general application or refer to certain classes of cases or to any particular case. (3.) The generality of this section shall not be qualified or affected by any provision of this Act giving powers to make orders with regard to any subject-matter in such provision specified. (4.) All Orders in Council made under this Act when published in the Gazette shall be of the same force and effect as if contained in this Act, and shall not be questioned in any proceedings "whatever. Such orders in Council shall be laid before the Leg'islatiye Assembly "\yithin fourteen sitting days after such publication, if Parliament is then in s~ ssion, and if not, then vdthin fourteen sitting day'" (\fter the commencement of the next session. (5.) The Governor in Council may, by another Order in Council, amend or rescind any Order in Council made under this Act. (6.) No misnomer or inaccurate description or omission contained in any such Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject of such description, provided the same is designated in such a manner as to be under- stood. (7.) No Order in Council purporting to he made under this Act shall be deemed invalid on account of any non-compliance "with any of the matters required by this Act as preliminary to the same. FIRST SCHEDULE. HC:LES FOR ELEC'l'IOK OF MEMBERS BY LOCAL AUTHORITIES. 1. The Trust lllay appoint a retnrning officer to take the poll at any such election after the first election. Eyery such appointment shall be notified in the Gazette. 'rhe time of nomination shall be appointed by the Trust and notified in tr:e Gazette. 2. For the purpose of enabling the returning officer to compile- a roll of persons entitled to vote at such election, the clerk of every Local Authority concerned, shall, at least twenty-eight days before the day appointed for the election, deliver to the returning offiner a correct list o.f the names and addresses of the aldermen or eounciUors of the 1.. oca1 Authority or of the division or divisions of the Local Autho,rity comprised in the District, as the case may be, including the names of the chairman, certified as correct by writing under his hand.

RAILWAYS AND 'l'RAMWAYS. Seh. I., rr. 3-10. 1922. Brisbane Tramway Tr11St Act. The returning officer shall from such lists compile a roll of persons entitled to vote at the election. 3. Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote for each group, and when signed by the returning officer shall be the roll by reference to which the title of every person to vote at such election shall, save as next hereinafter provided, be finally determined. But no person named on such roll who, at the date of the election, has ceased to hold office as an alderman or councillor of a IJocal Autharity of the graup shaH be entitled to vote. 4. If any clerk fails or neglects to deliver any list hereby required to be delivered to the returning officer within the pre- scribed time, or delivers an incorrect list, he shall be liable to a penalty not exceeding ten pounds. 5. After compiling such roll the returning officer shall, at least seven days before the day of nomination, send through the post office to every person named in such roll a notice specifying the date and place appointed for the receipt of nominations. 6. A Local Authority, the aldermen or councillors whereof are entitled to vote for the election of a member or members of the Trust under this Act, may nominate for such election a person or persons not in excess of the number required who have signified ]n writing to the clerk of such Local Authority their willingness to act. The nomination of such Ijocal Authority shall be made by resolution of the majority of members present at the meeting of the Local Authority convened and held for the purpose. Such resolutions shall be certified in writing by the clerk and shall be delivered to the returning officer at least twenty-four hours before the date fixed for the taking of nominatiom;: Provided that in the case of the members to be elected by the Aldermen of the City or Brisbane, the persons so nominated by the Council of the City of Brisbane under this rule shall be the elected members for jhe purposes of subsection 1 of section 7 .of this Act. 7. The returning .officer shall publish in at least 0]1C' paper circulating within the District the names of the persons nominated, and shall, in the event of there being more nominations than the number of members required, appoint a time and for the election of such members; such election to take place llot less than seven nor more than fourteen days after the dilte of nominatian, between the hours of 10 a.m. and 4 p.In. Noti< : i~ of the date and place of such election shall be delivered persan named on the roll, in the same manner as IS clause five. 8. The returning officer shall cause to be a suflkient number of ballot-papers containing the surnames and christian names in alphabetical axder of the candidates and nothing else. 9. At the election every person whose name is included in the roll shall be entitled to one vote only. 10. At the time and place appointed for the election ewry member of such Local Autho;rity whose name appears on the roll may attend and vote by ballot for the number of members required. 10327

103es Sell. I., f!r.11-22. RAlhWAYb AND TRAMWAYS. Brisbane Tral/1iway Trust Ad. 13 GEO. Y. No. 14, 11. Such ballots shall IW taken in the prescribed manner. 12. The persons to the' required number for whom the highest number of votes shall have been cast at any ballot shall be deemed to have been elected members by the Local Authorities, as the case may be. 13. The returning officer shall deliver one ballot-paper pre- viously initialled by him to every person named upon the roll who personally demands a ballot-paper, and when such person has voted he shall, in the preseIH'B of the returning officer, deposit the bal1ot- paper in a locked haltot-box provided for the purpose. 14. At the close ()[ the poll the returning officer shall count the votes given fur eath eandidate, and shall forthwith declare the candidate who has received the greatest number of votes to be elected, and ht' shall be elected accordingly. 15. Ir, by reason ·0f an equal number of votes being cast for two or more persons at any ballot, the returning officer is unable to declare as provided in clause fourteen of this Schedule that one or more narticulat' candidate or candidates has or have been aJJpointed' n member or members- (a: The names of the persons for whom an equal number D f votes Ims been cast shall be notified in writing by the r;~ turnll1g offieer to the Local Authorities, as the case may require; (b) Tilt' returning officer shall, b~ ' \\Titing, request each Local Authority to resolve which one or two, as the case may require, of such persons shall receive the vote Dr such Local Authority. 16. Within three days after such resolution a certificate thereof under the seal of the Local Authority and the hand of the clerk shall be forwarded by the Local Authority to the returning officer. 17. l'he person or the persons to the required number, as the ease may be, who shall reeeive the highest number of votes of the Iloeal Authorities, as the case may be, shall be deemed to have been elected a member or members by the Local Authoriti' ~s. 18. The returning offieer shall forthwith report to the Minister and to the Trust the !lames of the members eleeted. 19. The Trust shall repay to the returning offieer all expenses reasonably incurred by him in connection with the election. 20. The Minister shall notify the result of the elc;ction III the Gazette. 21. The Gazette cOntalntng a notifieation by th'J Minister of the election of a member or members bv the Iloeal Authorities shall be conclusive evidence of sueh election. 22. Every meeting of a Loeal Authority to be held in pur- snanee of this Sehedule shaH be convened by advertisement, inserted at least three days prior to such meeting in the daily newspapers published in Brisbane.

1922. RAIIJWAYS AND 'l'RAMWAYS. Seh. 11.) rr.1-4. Brisbane Tramway Trust Act. 10329 SECOND SCHEDUJ d~ . GENERAL. Appointment of Officers and Bank. 1. 'rhe 'l'I'ust from time to ti.me shall appoint a s(;cretary, and A[l[>Olnt- may appoint such clerks and other officers as may be necessary to 'ff;nt ( ~ f <enable the 'l'rust to carry out its duties and exercise its authorities 0 lcer~ under this Act. . 1'he Bank of the Trust shall be the Commonwealth Bank of: Australia or such ether Bank as the Governor in Council may from time to time approve. 111 the Trust. 2. The chairman of the Trust shall when present preside at all G".rrman. meetings. In his absence the other member appointed by the {iovermnent shall preside as chairman unless and until a temporary -chairman is appointed the Governor in ConnciL Yalidaterl. 3. Ko ad or proceeding of the Trust shall be invalidated or h~ ~ c; ~ edingi prejudiced by reason only of any defect in the election or appoint. vlI1dated. ment or of any disqualification of an eloctive member or of the facl that at the time when such act or proeoeding was done, taken, or .commenced there was a vacancy in the office of anyone member. Debentures and Inscribed Stock. 4. (1.) 'rhe 'rrust may authorise the sale or disposal of any Debentures .debentures in Queensland, or in places beyond Queensland, and may InfdY .bo 1tPpO . lllt an agent or agents to negotI . ate suc ' n 1 sa e or d . - lsposa 1 . s Q o u - oe H n I sland or elsewhere. (2.) Every debenture issued by the Trust under this Act shall be under the seal of the 'l'rust and shall be signed by the chairman .and one other member, and when so sealed and signed shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorised. (3.) K"ery such debenture shall specify the time ,vhen or Timo and within which the principal shall be pavable and the place where placo of the principal and interest shall be payable, and may have annexed paymont. thereto for every payment to grow due thereoll a coupon. Every such debenture and coupon (if any), unless otherwise authorised by the 'l'rust, shall be transferable by delivery. (4.) The holder or any such debenture shall be entitled to Payment of receive payment from the 'rrust of the principal sum nalIled therein deb"ytures ( anc l , 1 'f ~ ' Interest coupons are not . annexe d , I . n t eres ' t In terms 0 f· t he andwterest. or debenture) upon presentation such debenture, on or after the due date thereof, at the place where the same is expressed to be made payable. And the holder of any coupon originally annexed to a debenture, and whether separated therefrom or not. shall be €ntitled to receive payment in like manner of the interest men- tioned in such coupon upon presentation of the same at the placf~ where, and on 01' after the date when, interest is payable.

1~ 330 Sch. 11., r.4. RAILWAYS AND TRAMWAYS. Brisbane Tramway Tnlst Ad. 13 GEO. V. No. 14, Provisions (5.) If default lli made by the 'l'rust in making any payment, opnaydmefeanutl.t of whether of principal or interest (or of interest and principal, as the case may be), to the holder of any debenture or coupon, the follo'wing provisions shall take effect:- (i.) The holder or sueh debenture or coupon shall be entitled to make application to and procure all necessary orders and directions from the Supreme Court for the appoint- ment of a Receiver, and such Court shall have power to make all such orders for the appointment of a Receiver, or for his removal and the appointment of another in his place, as may be necessary, and to make any orders and give any directions which such Court may think proper. And such Re(:('iver shall be deemed to be an officer of such Conrt. (ii.) Subject to this ,Act, the Receiver shall have power t() and shall be entitled to receive all revenue whatsoever of the Trust: and for such purposes such Receiver shall be deemed to be the Trust. and may exercise all the powers thereof. (iii.) The Receiver shall be entitled to such commission, pay- able out of the revenues of the Trust, as remuneration for his services, as such Court may appoint. (iv.) The Receiver shall, subject to any order of such Court, pay over all moneys received by him to such holder, or to and among the holders of debentures or coupons of the same series as the debenture held by such holder, or to and among the holders of debentures or coupons or the registered holders of inscribed stock generally, in such ordei' of priority or othenvisc and in such propor- hom; as the Court may think lit; anel, if there is any balance in hand over and above the amount due and payable to him under this ~ \ d, the Receiver shall pay such balance to the Trust. (v.) If the moneys so received by the Receiver are not sufficient to meet the claims or the debenture-holders or stock-holders, the Receiver may issue to each Local Authority comprised within the District a precept requiring such Local Authority to pay to the Receiver a share of the deficit which shall bear the same propor- tion to the total deficit as the rateable value of the rateable land in that part of the· Area of such IJoca1 Authority within the District of the Trust bears to the rateable value of all rateable land in such District, and each such amount shall be fixed by the Trust. The amount so payable sball be a debt due to the Trust by the Local Authority upon which the demand is made, and recoverable accordingly. In order to provide the amount so payabb, the Local Authority may from time to time levy a specill rate of sufficient amoullt in manner provided by the Local Authorities Acts.

RAILWAYS AND TRAMWAYS. 8ch. 11., r. 4. 10331 1922. Brisbane Tramway Trust Act. (6.) Inscribed stQck purpQrting to. be issued under the authQrity Qf this Act shall be deemed to. have been duly issued, and the hQlder thereQf shall nQt be bQund to. inquire whether such issue was in fact duly authQrised. (7.) The Trust is hereby empQwered frQm time to. time to. Agreements. enter into. any agreement with any bank carrying Qn business in Queensland Qr elsewhere having fQr its Qbject the carrying into. effect Qf any Qf the provisions of this section. (S.) The Trust, with the approval of the Governor in Council, Regulations. may from time to time make by-laws for- (i.) The inscription and issue of Brisbane Tramway Trust inscribed stock; (ii.) Regulating transfers of such inscribed stock; (iii.) Paying interest on such inscribed stock; (iv.) Issuing stock certificates and, as often as occasion requires, reinscribing stock and reissuing such certifi- cates; (v.) Conducting generally all business connected with such stock; (vi.) Converting any debentures issued under this Act into inscribed stock and vice versa, at the request of th.. debenture holder or stock holder. All such by-laws, on being published in the Gazette, shall be valid in law. (9.) If default is made by the Trust in making any payment, Provisions whether of principal or interest (or of principal and interest, as the on default of case may be), to the registered holder of any inscribed stock issued payment. under this Act, the following provisions shall take effect:- (i.) Such holder shall be entitled to make applicatiQn to. and prQcure all necessary Qrders and directiQns from the Supreme Court fQr the appointment of a Receiver, and such Court shall have power to. make all such Qrders fQr the appointment Qf a Receiver, or fQr his remQval and the apPQintment Qf another in his place, as may be necessary, and to make any orders and give any direc- tions which such Court may think proper. And such Receiver shall be deemed to be an officer of such Court. (ii.) Subject to this Act, the Receiver shall have power to. and shall be entitled to. receive all revenues whatsoever of the Trust; and for such purpQses such Receiver shall be deemed to be the Trust, and may exercise all the powers thereof. (iii.) The Receiver shall be entitled to such cQmmission, pay- able out of the revenues of the Trust, as remuneration fQr his services, as such Court may appoint. (iv.) The Receiver shall, subject to. any order of such CQurt, pay Qv.er all moneys received by him to such holder, or to. and among the registered holders of inscribed stQck Qr debenture holders generally, in such Qrder Qf priQrity Dr otherwise and in such proportiDns as the Court may 1B

10332 Sch.II., r. 5. RAILWAYS A~ D TRAMWAYS. Brisbane Tramn'ay Trust Act. ]3 GEO. V. No. 14, think fit; and, if there is any balance in hand over and above the amount due and payable to him under this Act, the Receiver shall pay such balance to the Trust. (v.) If the moneys so received by the Receiver are not sufficient to meet the claims of the debenture-holders or stock-holders, the Receiver may issue to each Local Authority comprised within the District a precept requiring such Local Authority to pay to the Receiver a share of the deficit which shall bear the same propor- tion to the total deficit as the rateable value of the rateable land in that part of the Area of such Local Authority within the District of the Trust bears to the rateable value of all rateable land in such District, and each such amount shall be fixed by the Trust. The amount so payable shall be a debt due to the Trust by the Local Authority upon which the demand is made, and recoverable accordingly. In order to provide the amount so payable, the Local Authority may from time to time levy a special rate of sufficient amount in manner provided by the Local Authorities Acts. Rights and Remedies of Crown in 1'espect of Moneys Owing by the Trust. Bights and s; n.) In the months of February and August respectively rerne-dies of in every year, the Treasurer shall cause to be published in the C r" r , o p w o n et in Gazette a statement showing with respect to the Trust- of IHoneYE- o\ving by the Trust,. (a) The amount of money owing by the Trust to His Majesty which is then overdue and in arrear, and also the total of the principal sum then remaining unpaid; (b) The amount of money paid by His Majesty in respect of any debentures or inscribed stock guaranteed by the Treasurer On behalf of the Government of Queensland under this Act (which amount shall on such publication be a debt due by the '['rust to His Majesty and be recoverable accordingly, together with interest thereon at the rate of six pounds per centum per annum as from the date of such publication). (2.) If thereafter on the thirtieth day of April or the thirty- first day of October respectively any part of such money or int.Hest referred to in paragraphs (a) and Cb) of subsection one hereof remains unpaid, the Treasurer may by notification in the Gazette appoint a Receiver to collect on his behalf and to pay to the 'rreasury all or any moneys and interest from time to time due and owing to the Trust to the amount stated in such notification; and the '['reasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such Receiver and the management by him of the business of the Trust as the Treasurer thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such Receiver shall, from the date i'ltated in such notification, be the only person legally entitled to receive the revenues of the Trust, and shall be deemed to that extent and for

RAILWAYS AND '1'RAMWAYS. Sch~ 11., rr. 6,7. 10333 1922. Bl'isbane '1'ramway l'r1.1.st Act. that purpose to be a public accountant within the meaning of ~ ~ " The' Audit Act of 1874" or any Act amending or in substitution for that Act. (3.) Before satisfying any claims due to His Majesty the Receiver shall make due provision for the payment of all arrears of principal or interest due in respect of any debentures or inscribed stock the payment whereof is guaranteed by the Treasurer On behalf of the Governmcnt under this Act, or of any other debentures or inscribed stock issued under this Act which the Governor in Council, by Order in Council authorising the issue of such debentures or stock, shall give priority over any debt due by the Trust to His Majesty. (4.) For the purpose of paying the amount of any moneys due to His Majesty as aforesaid and the interest from time to time accruing, the 'rrust may (in addition to or in lieu of the exercise of the powers hereinbefore set out), when and so often as the same is required, issue to each Local Authority having jurisdiction within the District a precept requiring such 1-1oca1 Authority to pay to the Trust its proportionate share of the" instalment due to the Treasurer. (5.) '1'he amount which each Local Authority shall be liable to pay under such precept shall bear the same proportion to the total instalments due to the Treasurer as the rateable value of the rate- able land in that part of the Area of such Ijocal Authority within the District of the 'I'rust bears to the total rateable value of all rateable land in such District, and each such amount shall be fixed by the 1'rust. (6.) The amount so payable shall be a debt due to the Trust by the Local Authority upon which the demand is made, and recoverable accordingly. (7.) In order to provide the amount so payable the Local Authority may from time to time levy a special rate of sufficient amount on the ratepayers of the Area in manner provided by the Local Authorities Acts. ACCOUNTS. Books to be Kept. 6. The Trust shall cause books to be provided, and true and Books of regular accounts to be entered therein of all moneys received and account. paid on account of the business of the Trust, and of the several purposes for which such moneys are received and paid. The Trust shall cause the cash-books to be balanced once at least in every month, and all other books of account at least ha1£- yearly. . 7. 1'he Auditor-General may from time to time make rules with Powers of respect to all or any of the following matters, namely:- Auditor. (i.) 'rhe form and manner in which the books of account of General. the Trust shall be kept; (ii.) The banking of moneys received by or on behalf of the Trust, and the authentication by the bank of deposits made therein by or on behalf of or to the credit of the Trust; - - - - - - - - - - - - - - " -- ~ - - - " - - - - "" - -~ - -- - - - ~ - " - - - " " - - * 38 Vie. No. 12, supra, page 74.

10334 SCh.II.,rr.8-11. RAILWAYS AND TRAMWAYS. Brisbane Trarnway Trust Act. 13 GEO. V. No. 14, (iii.) The terms and conditions on which moneys no longer recoverable may be written off; (iv.) The duties of the chairman, secretary, and auditor as to the verification of money in arrear at the date of the audit; (v.) The duties of the auditor in connection with the audit and examination of accounts. All such rules shall be published in the Gazettf!, and shall there- upon be read as one with this Act, and shall be of equal validity. Appointment 8. The rrrust shall from time to time appoint some person of auditors. or persons holding a certificate of competency from the Local Auditors Board appointed under the Local Authorities Act and approved by the Auditor-General to be the auditor for the Trust. No auditor shall hold office for more than two consecutive years. Yearly audit. 9. (1.) The auditor for the Trust shall once at least in every ycar examine the accouFts of the Trust. (2.) The secretary shall produce and lay before the auditor the accounts so balanced as aforesaid, with all vouchers in support of the same, and all books, papers, and writings in the custody of the Trust relating thereto. (3.) If the auditor, after due inquiry, is satisfied that all moneys received have been duly accounted for, and that all pay- ments charged have been duly authorised and made, he shall sign the accounts in token of his allowance thereof, but if he disapproves of any part of the accounts he may disallow any part of the accounts so disapproved of. Examination 10. (1.) The accounts of the Trust so balanced and audited as saentdtlement of aforesaid, and either allowed or disallowed by the auditor, together acc:ountio with any written objections made by ratepayers or creditors, shall be produced at the first meeting of the Trust after such audit. (2.) 'rhe accounts shall then be finally examined and settled by the Trust, and if the same are found just and true they shall be allowed by the Trust, and certified accordingly under the hand of the chairman at such meeting. (3.) After such accounts have been so allowed and signed by such chairman, and also by the auditor, as hereinbefore provided, the same shall, subject to the certificate of the Auditor-General with respect to any contravention of this Act or any misapplication of money -as hereinafter provided, be final as against all persons whomsoever. Power of auditor to {lompel discovery. 11. For the purpose of any examination the auditor may take evidence upon oath (which oath the auditor is hereby empowered to administer), and may by summons under his hand require all such persons as he thinks proper to appear personally before him at a time and place to be fixed by such summons, and to produce to him all such books and papers as appear necessary for such examination. Any person so required who- (i.) Without just excuse, neglects or refuses to comply with the tenor of the summons; or,

RAILWAYS AND TRAMWAYS. Sch.ll., rr.12, 13. 10335 1922. Brisbane Tm1nway Trust Act. (ii.) Having appeared before the auditor, refuses, without just excuse, to be examined on oath concerning the premises or to take such oath; or (iii.) Having taken such oath, refuses, without just excuse, to answer such questions concerning the premises as are put to him; shall and may be dealt with by the auditor in the same manner in all respects in which, by any Act in force for the time being relating to justices, persons so refusing or neglecting in cases in which justices have summary jurisdiction may be dealt with. 12. (1.) The auditor shall, forthwith after the examination of Rep~rt of the accounts, report the result to the Auditor-General. If it appears audItor. to the Auditor-General that the said accounts, or any part thereof, ought to be disallowed as being contrary to the Act, he shall certify accordingly to the Treasurer. Such auditor, before any adverse report, shall, by public notice or otherwise as may seem to him reasonable, appoint a time and place for hearing such explanation as may be offered by or on behalf of the Trust or any member thereof. If it appears to the Auditor-General that any money forming part of any fund under the control of the Trust has been wilfully or corruptly misapplied to purposes to which it was not lawfully applicable, or that any person has wilfully or by culpable negligence misapplied or connived at or concurred in the misapplication of such money, he shall certify accordingly to the Treasurer. (2.) The Auditor-General before certifying as aforesaid shall give notice that he will, by himself or his officer, receive and consider such explanations as may be offered by or On behalf of the Trust or any member thereof, and he or his officer shall receive and consider such explanation accordingly. (3.) Within three months from the date of such certificate, the Governor in Council may, by Order in Council, wholly or in part confirm or disallow such certificate. (4.) Every such order of confirmation shall be conclusive evidence for all purposes whatsoever of the fact of the misapplica- tion of the moneys therein mentioned, of the amount so misapplied, and of the liability of the member or members named in such order as having so misapplied the same or connived at or concurred in the misapplication thereof to pay the same. (5.) Any sum of money mentioned in any such order as having been so misapplied may be recovered in any court of competent jurisdiction, together with full costs of the action, including costs as between solicitor and client, from anyone or more of the members mentioned in such order as liable to pay the same at the suit of the Trust or at the suit of any ratepayer or creditor of the Trust. (6.) Any sum of money so recovered shall be paid into the fund from which the amount sued for was improperly taken. 13. The Treasurer may at any time appoint a special auditor Special audit. or special auditors to examine the accounts of the Trust for any period not exceeding two years. In every such case the auditor or audit0rs so appointed shall have the like powers, duties, and authont18s as the auditor appointed for the Trust under this Act.

10336 8ch. 11., rr. 14, 15. RAILWAYS A~D TRAMWAYS. Brisbane Tramway Trust Act. 18 GEO. V. No. 14, The costs and expenses of every special audit, including the amount of the remuneration of the special auditor or auditors fixed by the Treasurer, shall be borne by the Trust. Publicatioh {)f annuai "tatempnt of , a e C 0 11 n b L Publication of Receipts and Expenditure. 14. The Trust shall in the month of March in each year publish a statement of accounts for the preceding year ending the thirty-first day of December, showing- (1) Receipts and expenditure- (r.) Under the heading of Receipts- (i.) Receipts from the Tramway; (ii.) Receipts from other undertakings, specifying the amount received from each undertaking; (iii.) Receipts from loans raised during the year; (iv.) Other receipts: (n.) Under the heading of Expenditure- (i.) In respect of the Tramway- (a) :Fees and other payments to members of 'rrust; (b) Salaries; Cc) Office expenses; (d) Wages; (e) Maintenance and repairs; (t) Loan expellditure- (i.) Extensions; (ii.) Reconstruction; (iii.) Renewals: (g) Interest; Ch) Payments to- (i.) Sinking Funds; (ii.) Reserve Funds; (iii.) Superannuation Pund; • (iv.) Other expenditure: (ii.) In respect of other undertakings, under the Sfllllf' heads: (2) Statement of all loans, with particulars of each loan, and works upon which loan moneys have been expended, and, if the loan is being repaid by instalments, the amount of sueh loan outstanding: (3) Statement of all contracts, with partieulars of each contraet, including purposes and amount: (4) Statement showing condition of Sinking, Reserve, and Superannuation }1-'unds. Illegal payments. 15. If, whether in pursuance of any resolution of the Trust or otherwise, any payment of money has been made to any member out of any moneys under the control of the Trust which the Governor in Council considers unneeessary, extravagant, or illegal, the Minister shall order such member to repay such money to the Trust forthwith or within such time as the 'rreasurer allows.

RAILWAYS AND TRAMWAYS. Sch.II.,rr.16,17. 10337 1922. Brisbane Tramway Trust Act. If such member does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the Registrar of such Court, and may be enforced accordingly. BY-LAWS. 16; (1.) Unless by this Act it is otherwise expressly provided, Prrirons a~ no by-law shall contain any matter contrary to this Act or any law to y- aw•. in force in Queensland. (2.) A by-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches; but no such penalty shall exceed fifty pounds. A by-law may also impose a daily penalty for any breach thereof; but no such penalty shall exceed five pounds per day. A by-law may provide that in addition to a penalty any expense incurred by the Trust in consequence of a breach of such by-law, or in the exeeution of work directed by the by-law to be executed by any person and not executed by him, shall be paid by the person committing such breach or failing to execute such work. (3.) A by-law may require any work or thing to be executed or done of such material, within such time, or in such manner as may be directed or approved in any particular case by the Trust or the chairman or any authorised officer or other person, and may require works to be executed only by qualified and licensed persons. (4.) A by-law may authorise the chairman or any authorised officer to pull down, remove, or alter any work or structure, material, or thing erected or being in breach of any by-law, and to recover all expenses incurred in so doing. The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of such breach. (5.) A by-law may leave any matter or thing to be from time to time determined, applied, dispensed with, prohibited, or regulated by the Trust by resolution, or by the chairman, or by any authorised officer, either generally or for any classes of cases or in any particular case. (6.) A by-law may provide for the issue or making of licenses, registrations, or permits to or with respect to persons and property, and for the payment of reasonable license, registration, and permit fees. (7.) A by-law may provide for the payment of reasonable fees . for inspection and other services of officers of the 'l'rust. (8.) A by-law may apply to a specified part only of the District. 17; (1.) Every by-law shan be passed at a special meeting of Paseing of the Trust called for that purpose, and shall be confirmed at a by-laws. subsequent special meeting of the Trust, and shall be sealed with the seal of the Trust. (2.) After a resolution for passing a by-law has been agreed to Publication by the Trust, and not less than fourteen days before the resolution of not:: of is confirmed, a copy of such by-law shall be deposited at the office b;~ l~~ s. of the Trust, and shall be there open to inspection by the public;

10338 Sch. 11., rr.18-24. RAILWAYS AND TRAMWAYS. Brisbane Traril1.vay Trust Act. 13 GEO. V. No. 14, and a notice shall be published in all daily newspapers published in Brisbane setting forth the general purport of the proposed by-law, and stating that a copy is open to inspection. To be (3.) After a by-law has been sealed it shall be submitted for approved by the approval of the Governor in Council, and, if approved of by CGoouvnecrinlo. r in him, shall be published in the Gazette; and thereupon such by-law shall have the force of law. Repeal of IS. A by-law or part of a by-law may be repealed by the by-laws. Governor in Council by Order in Council. Saving of operation of amendod or repcal"'<l by-law, 19. Notwithstanding the amendment or repeal of any by-law, every offence committed against the by-law before the amendment or repeal thereof shall be adjudicated upon and punished, and every act or proceeding done or commenced, and every right, privilege, or protection acquired, and every liability incurred, shall continue to be prosecuted and be of the same force and effect as if the by-law had not been amended or repealed. Before interfering with roads notice to be !';iven by the Trust. Notice in cases of emergoncy. 20. (1.) The Trust shall - (i.) Except in cases of emergency, not open or break up any road or bridge, or stop any traffic, without giving at least three days' notice to the Local Authority concerned; (ii.) Not alter the level of any road without altering such level over the whole width of such road, and shall re- make the same to the satisfaction of the Local Authority concerned. (2.) In cases of emergency as mentioned in the last preceding subsection, notice to the Local Authority shall be given as soon as possible after the work has been begun or the necessity for the same has arisen. 'I.'RAMWAY CONSTRUCTION AND TRAFFIC. Cofentrtarme wlinaey. of th 2 e 1 r . oaTdh, eorceant taredliisntaenocef eovf enroyt tmraomrewtahyansheallelvbene fteheet cthenertreefrloimne. Mode of construction prescribed. Gauge. 22. The tramway shall be constructed and maintained in the manner following, that is to say:- (i.) The two mils shall be laid at a distance of four feet eight and a-half inches apart, or at such other distance apart as the Governor in Council from time to time authorises or prescribes. Rails level with road surface. (ii.) 'I.'he uppermost surface of each rail shall be on a level with the surface of the road. Weight of rail. (iii.) The rails shall be of iron or steel, of the weight of not less than twenty pounds to the yard. Rail to be grooved. (iv.) The groove in or between any rail or rails shall not exceed one and one-quarter inch in width. To be guarded. (v.) The outer side of every rail shall be guarded to the satisfaction of the Local Authority. tiUonnbrdeeepkrateiarpk.ting good 2 r 3 e . paTihr eanTdruwsotrksihnagll oardt earl. l times keep all its undertaking in Tramway not 24. (1.) The tramway shall be so constructed and maintained ttroafifmicp.ede as not to impede or obstruct the ordinary traffic of the road.

RAILWAYS AND TRAMWAYS. 8ch. 11., rr. 25-30. 10330 1922. Brisbane Tramway Trust Act. - - - -- - - - - - ~ - - - (2.) The public shall at all times be entitled to the free and Tramway . vuenyinantecreru 0 p f tetdh eusTeruosft eIv. Serpyaspsa.mrgt oofr thabeoruotadto, spaavses wahloenng'aInty ocr' onIS- cefxarercseepatt O rewPhuebnhc lawfully standing thereon. passing. ROADS. 25. The Trust shall have no right to the soil of any road in Trus~ to ha.ve which it constructs or maintains the tramway other than the snooilroIgf hrot atod. privilege of using the road for the purposes of this Act. 26. Save as herein otherwise provided, the Trust shall at its Repaire£ own e?,pense at. all times keep in good order and rep:;tir, with such ~ ~ : ; ~ ~ I~ ~ : ' ~ as materIals and m such manner as the Local AuthorIty concerned shall direct and to its satisfaction- (i.) So much of any road whereon any tramway belonging to the Trust is laid as lies between the rails of the tramway; (ii.) Where two tramways are laid by the Trust on any road at a distance of not more than four feet six inches from each other, the portion of the road between the tramways; . (iii.) So much of the road as extends eighteen inches beyond the rails on each side of any such tramway. 27. In the event of any Local Authority forming, making, or Trust to paving any road or such portion thereof as the Trust is not hereby bear pa.rt of requI.red to repaI.r, . WIth any materw. I other than macadam, the cthoensctorsutcotifng Trust shall, as and when required by the Local Authority, at its road.sof own expense, form with such material, and maintain and keep in spe~ la! , good condition and repair to the satisfaction of the Local Authority, ma erIa s. so much of such road as by this Act is directed to be kept by the Trust in good condition and repair. 28. 'J'he Trust and the Local Authority may from time to Contracts a.s time make, alter, renew, or vary contracts or arrangements with t'f rePd'f each other with respect to the paving and keeping in repair of any 0 roa s. road or portion of any road on which there is a tramway. 29. When the Trust has opened or broken up any portion of Restoration any road, the Trust shall- of broken·up (i.) With all convenient speed, and to the satisfaction of the row. Ijocal Authority concerned, restore the portion of the road to as good condition as before it was opened or broken up, and remove all surplus material to a place directed by the Local Authority; (ii.) Cause the place where the road is opened or broken up to be fenced and watched, and at night to be properly lighted; (iii.) Bear or pay all reasonable expenses of the repair of the road for twelve months after the same is restored, so far as these expenses have been increased by such opening or breaking up. 30. Nothing in this Act shall take away or abridge any power Rights of to open or break up any road along or across which any tramway authorities is laid, or any other power vested in any I-local Authority or other an~ panies authority for any of the purposes for which such authority is &C., to op~ n respectively constituted, or in any company, body, or person for roads.

10340 Sch.II., rr. 31-33. RAILWAYS AND TRAMWAYS. Brisbane Tramway Tmst Ad. 13 GEO. V. No. 14, the purpose of laying down, repairing, altering, or removing any pipe or line for the supply of gas, electricity, or water, or any tubes, wires, or apparatus for electric or other purposes. Such Local Authority or other authority, company, body, or person is herein- after referred to as a constructing authority; but in the exercise of such power every such constructing authority shall be subject to thE' following restrictions, that is to say:- (i.) The constructing authority shall cause as little detriment or inconvenience to the Trust as circumstances permit. (ii.) Before the constructing authority commences any work whereby the traffic on the tramway or any other work hereby authorised will be interrupted, it shall (except in cases of urgency, in which cases no notice shall be necessary) give to the Trust at least forty-eight hours' notice of its intention to begin such work, specifying the time at which it will begin it. (iii.) 'l'he constructing authority shall pay to the Trust com- pensation for injury done, whether by loss of traffic or otherwiSe, by the execution of such work. (iv.) Whenever the constructing authority so requires for the purpose of enabling it to execute such work, the Trust shall eithf'r stop traffic on the tramway to which the notice refers where it would otherwise interfere with such work, or the constructing authority shall shore up and secure the same at its own risk and cost during the execution of the work there. Such work shall be com- pleted by it with all reasonable expedition. (v.) The constructing authority shall not execute such work so far as it immediately affects any property or right of the Trust except under the superintendence of the Trust, unless it refuses or neglects to give such superintendence at the time specified in the notice for the commencement of the work, or discontinues the same during the pro- gress of the work; and the constructing authority shall execute such work at its own expense and to the reason-· able satisfaction of the Trust. Provisions as 31. The Trust shall not alter the level of any road so as to to the level make the ascent of any main road more than one foot in thirty feet, of roads. or to make the ascent of any other public road more than one foot in twenty feet; and the Trust shall, in making any such alteration, form, make, and pave the road to the level furnished by the Local Authority, which is hereby required to furnish to the Trust all necessary information as to the same. Fences to 32. Every bridge erected by the Trust shall have on each side bridges. thereof a good and sufficient fence at least four feet high. Provisions as 33. For the purpose of making, forming, laying down, mab- twoag te a r s and taining, repairing, or renewing any part of their undertaking, the companies. Trust may from time to time, where and as far as it is necessary or may appear expedient for the purpose of preventing frequent inter- ruption of the carrying on of such undertaking by repairs or works in connection with the same, alter the position of any mains or pipes

RAILWAYS AND TRAMWAYS. 8ch.II., r. 33. 1922. Brisbane Tramway Tntst Act. for the supply of gas or water, or any wires or apparatus for the transmission of electricity or for other purposes, subject to the provisions of this Act, and also subject to the following restrictions, that is to say:- (1.)- (i.) Before doing such work in a road in which any mains or pipes, wires, or apparatus are laid, the Trust shalL whether it contemplates altering the position of any such mains or pipes, wires, or apparatus or not, give seven days' notice to the constructing authority to whom such mains or pipes, wires, or apparatus belong, or by whom they are controlled, of the intention to do such work, and shall at the same time deliver a plan and section of th(' proposed work. (ii.) If it should appear to «ny such constmcting authority that the proposed work would endanger any such main or pipe, wire, or apparatus, or interfere ~ with or impede the supply of water or gas or the transmission of elec- tricity, such constructing authority may give notice to the Trust to lower or otherwise alter the position of the said mains or pipes, wires, or apparatus in such mannel' as may be considered necessary. (iii.) Any difference as to the necessity of any such lowering or alteration shall be settled in manner provided by this Act for the settlement of differences between the Trust and other persons. (iv.) All alterations to be made under this section shall be made- (a) vVith as little detriment and inconvenience to the constructing authority to whom such mains or pipes, wires or apparatus may belong, or by whom the same are controlled, and to the inhabitants of the District, as the circumstances will admit; ~ and (b) Und 'Cl' the superintendence of such constructing authority, or of their surveyor or engineer, if it thinks fit to attend after receiving .not less than forty-eight hours' notice for that purpose, which notice.the Trust is hereby required to give. (2.) The Trust shall not- (i.) Remove or displace any of the mains or pipes, valves, syphons, plugs, wires, or apparatus, or other works belonging to or controlled by any such constructing authority; or (ii.) Do anything to impede the passage of water or gas or the transmission of electricity into or through such mains, pipes, wires, or apparatus without the consent of such constructing authority, or in any other manner than such constructing authority approves, until good and sufficient mains, p~ pe' 3, wires, valves, syphons, plugs, apparatus, and other works necessary or proper for continuing the supply of water or gas or the trans- mission of electricity as sufficiently as the same was supplied or transmitted by the mains or pipes, wires, 10341

10342 Sch.II., r.34. RAILWAYS AND TRAMWAYS. Brisbane Tramway Tnlst Act. 13 GEO. V. No. 14, or apparatus proposed to be removed or displaced have, at the expense of the Trust, been first made and laid down in lieu thereof and ready for use, and to the satis- faction of the constructing authority or its surveyor or engineer, or, in case of disagreement, as an engineer or other fit person appointed by the parties may direct. In the event of the parties failing to agree as to such appointment, the matter in dispute shall be determined by arbitration. (3.) The Trust shall not lay down any such pipes or wires contrary to the regulations of any Act relating to such constructing authority or relating to telegraphs. (4.) The Trust shall- (i.) Make good all damage done by the Trust to property belonging to or controlled by any such constructing authority; and (ii.) Make full compensation to all parties for any loss or damage which they may sustain by reason of any interference with such property or with the private service pipes, wires, or apparatus of any person supplied by any such constructing authority with water, gas, or electricity. (5.) If by any operations as aforesaid the Trust interrupt the supply of water, gas, or electricity in or through any main, or main pipe, or wire, it shall be liable to a penalty not exceeding twenty pounds for every day upon which supply shall be so interrupted. . Fur 34, (1.) Where any work authorised by this Act interferes s p e r w ot e e r c s t , io & n c. of with any sewer, drain, watercourse, subway, defence, or work, or in any way affects sewerage or drainage, the 'l'rust shall not commence any such work until- 0.) It has given to the proper constructing authority fourteen days' previous notice in writing of its intention to commence the same, by leaving such notice at the principal office of such constructing authority, with all necessary particulars relating thereto; and (ii.) Such constructing authority has signified its approval of the same, unless it does not signify its approval, dis- approval, or other directions within fourteen days after service of the said notice and particulars as aforesaid. (2.) The Trust shall- (i.) Comply with and conform to all reasonable directions and regulations of such constructing authority ill the execution of the said works; (ii.) Provide by new, altered, or substituted works in such manner as such constructing authority reasonably requires for the proper protection of and for preventing injury or impediment to the sewers and works herein- before referred to by or by reason of the work; and (iii.) Save harmless such constructing authority against the expense to be occasioned thereby.

1922. RAlLWAYS AND TRAMWAYS. Sch. 11., rr. 35-37. Brisbane Tramway Trust Act. 10343 (3.) All such works shall be done under the direction, super- intendence, and control of the engineer or other officer or officers of such constructing authority at the reasonable costs, charges, and expenses in all respects of the Trust. (4.) When any such new, altered, or substituted work, or any works or defence eonnected therewith, are completed by or at the expense of the Trust under this Act, the same shall thereafter be as completely under the direction, jurisdiction, and control of such Bonstructing authority, and be maintained by it, as any other of its sewers or works. 35, If any difference arises between the Trust and any con- Difference structing authority with respect to- bTetween -' ( 1 . . ) Any I.nter f erence or controlexe'rCIsed or c1m.med to be cornussttruacnttiing exercised by the constructing authority, or on its behalf, authority. or by the 'l'rust, by virtue of this Act, in relation to any tramway or work, or in relation to any work or proceed- ing of the constructing authority; or (ii.) The propriety of or the mode of execution of any work; or (iii.) The amount of any compensation to be made by or to the Trust; or (iv.) Whether any work is such as ought reasonably to satisfy the constructing authority concerned; or Cv.) Any other subject or thing regulated by or eompri. ~ ed in this Part of this Act; the matter in difference shall (unless otherwise specially provided for) be settled by an engineer or other fit person appointed by the parties. In the event of the parties failing to agree as to such appointment, the matter in dispute shall be determined by arbitration. 36. The provisions of the , ~ " Interdict Act of 1867" shall extend Applicati.on and be applicable to all proceedings for arbitration under this Act, <1 fnterdlCt and every reference to an arbitrator or arbitrators shall for all c. purposes be deemed to be a submission to arbitration containing an agreement by all parties that the submission shall be made an order of the Supreme Court. OFFENCES. 37. Every officer or servant employed by the Trust who- Office!s ( I . . ) E xacts or accepts, on account 0 f anyt h m ' g d one b y eaxccaecptmtinggor- virtue of his offiee or in relation to any matter to be foes. done under this Act, any fee or reward other than the salary, wages, or allowance paid or allowed by the Trust; or (ii.) Is in any wise concerned or interested in any bargain or contract made by the Trust; shall bE' incapable of being afterwards ecnployed by the Trust for a period of fi\Te yearR. and !Shall f0rfeit the tlum of one hundred pounds. * 31 Vie. No. 11, supra, page 2387.

10344 8ch. 11., rr. 38-41. RAILWAYS AND TRAMWAYS. Br'isbane Tramway Trust Act. 13 GEO. V. No. 14, 'rhe Trust or any ratepayer may sue for such sum by action in any court of competent jurisdiction. Any such sum recovered after payment to the plaintiff of the full costs of the action, including costs as between solicitor and client, shall be paid into the General Fund. Not permitting inspection. 38. Any person who- (i.) Having the custody of a valuation list, rate book, account book, or other document which an authorised person is entitled to inspect, wilfully neglects or refuses to permit such officer to inspect the same free of charge, or to make and take free of charge co.pies or extracts from the same, within two days after a demand in writing, and such authority has been produced and shown to him or a copy thereof left at his office or usual place of abode; or (ii.) Refuses to make any returns or furnish any statement Or list to the 'rrust or person entitled to receive such statement or list which he is bound to make or furnish under this Act, or wilfully omits to make or furnish it within seven days after being so required, or makes or furnishes a false return or statement or list; shall he liable to a penalty not exceeding twenty pounds. Refusing to give up possession of works. 39. Any person having charge of any works the property of the Trust who refuses, on lawful demand, to give up peaceable and quiet possession of the same to any person entitled to possession shall he liable to a penalty not exceeding one hundred pounds. ( ,h,;;tl'ucting ('xC'cution er Act. 40. Except as is herein otherwise provided, any person who wilfully- (i.) Obstructs, hinders, resists, or in any wise opposes the 'l'rust or any member thereof, or any person appointed, employed, or authorised under this Act, or any persons appointed by the Governor in Council or the 'rreasurer in the performance of anything which it or he is respectively empowered or required to do by this Act; or (ii.) Destroys, pulls down, removes, injures, or defaces any board, placard, or notice put up or published by authority of the Trust; or (iii.) Destroys, pulls up, or removes any surveyor's mark, pole, or stake, or defaces or destroys any work fixed, driven, or made for the purpose of any survey level or line of any land or work under this Act; shall be liable to a penalty not exceeding twenty pounds, and, in addition, to a daily penalty not exceeding forty shillings for each day on which any such offence is committed after notice by the Trust. Penalty for offences relating to fares. 41. Any person who- (i.) While travelling or after having travelled in any car belonging to the 'l'rust, avoids or attempts to avoid payment of his lawful fare; or

RAI1JWAYS Al\TD TRA::IIWAYS. Sch. 11., rr. 42-44. 10345 ]922. Brisbane 'Tramway 'Tntst Act. (ii.) Having paid his fare for a certain distance, knowingly and wilfully proceeds in any such car beyond such distance, and neglects to pay the additional fare for the additional distance, or attempts to avoid payment thereof; or (iii.) Knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit the car; or (iv.) Behaves in an insolent or offensive manner to the annoyance of others on the tramway or on a car; or (v.) Refuses to leave the platform or steps of any car whe:n required to do so by any authorised officer of the Trust; shall be liable to a penalty not exceeding twenty pounds. 42. (1.) No person shall carry dangerous chemicals or No person explosives on the tramway of the Trust; and a person who carries to carry or attempts to carry such goods on the tramway of the Trust shall ~~~J:~~s be liable to penalty not exceeding twenty pounds. tramway. (2.) Any of the officers or servants of the Trust, or any constable or justice of the peace, may require to be opened any parcel reasonably suspected to contain dangerous goods. 43. Any person who, except by agreement with the Trust, Penalty for wilfully uses the rails of the tramways of the Trust for the purpose improper use o f d rl . vm . g or prope 11 m ' g t h ereon any conveyance h avm . g I . ts w h ee 1 s of tramway. or any contrivance attached thereto specially adapted for using such rails shall forfeit and pay to the Trust a sum not exceeding twenty pounds for each time the rails are so used. EVIDENCE. 44. (1.) In any proceeding under this Act, it shall not be District, &c., tnheeceDssiastrryI . cftoorr tohfeancoymAprleaaincaonmt porrispedlawinittihffintotheprDovisetritchte. limits of nperoevdendo. t be (2.) In any proceeding for an offence against this Act, the Appointments due appointment of all officers of the Trust, and the authority of ardffiuthority any officer to do any act or institute such proceeding, shall be ~ r~ su~ eed. presumed until the contrary is proved. (3.) rrhe seal of the Trust affixed to any document shall be ~ eal . . judicially noticed, and, until the contrary is proved, it shall be J n u o dt~ IC cl e adl • lY presumed to have been properly affixed thereto. (4.) A minute made and authenticated in the prescribed Evidence of manner of the appointment of any person as deputy chairman shall, ar~ ointment as regards all persons having any business with the Trust and ~ hai~~ ; ~. acting in good faith, be dcemed conclusive evidence of the validity of the appointment of such person as deputy chairman and of his continued authority to act as such, and shall relieve all persons having business as aforesaid from the necessity of making any inquiries in the matter. (5.) Every entry in any book purporting to be an entry Evi~ ence of relating to the proceedings of the Trust or any committee thereof, entrIes. and to be duly signed or a certified copy of or an extract from any such entry, sealed with the seal of the rrrust and signed by the chairman and secretary, shall, upon the production thereof, alone be

10346 Sch.II., rr. 44. RAILWAYS AND TRAMWAYS. Sch.III., rr.1-11. - - - - ---_ .. _-------------- --- - - - - --- -----------_._----------- Brisbane Tramway Trust Act. 13 GEO. V. No. 14, By.laws. Maps. &c. Documents signed by chairman. &c.• to be admitted in evidence. received as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the same refers having been duly convened or held, or of the persons attending such meeting having been or being members of the Trust or members of committee respectively, or of the signatures of the chairman or secretary, or of the fact of their having been chairman or secretary respectively; and all such last-mentioned matters shall be presumed until the contrary is proved. (6.) A copy of the Gazette containing a notification of the approval of a by-law shall be sufficient evidence of the due making of such by-law and of the contents thereof, and that it is still in force until the contrary is proved. (7.) In any proceeding the production of any map or plan purporting to be made by the Trust or any officer thereof under this Act and sealed with the seal of the Trust, or purporting to be issued or published by any department of the Government or any officer thereof, shall be sufficient evidence of the matters stated or delineated thereon until the contrary is proved. (8.) All documents whatever purporting to be issued or written by or under the direction of the Trust or the chairman, and purporting to be signed by the chairman or secretary, shall bn received in evidence in all Courts, and shall be deemed to be issued or written by or under the direction of the Trust until the contrary is proved. The expression "documents" includes all orders, directions, and notices. THIRD SCHEDULE. SUBJECT-MATTER FOR BY-LAWS. 1. Preventing and removing nuisances on lands, property, and works vested in or under the control and management of the Trust, or any part thereof. 2. Protecting the property and works of the Trust from trespass and injury. 3. Preventing smoking or spitting in or upon any car or part of a car belonging to the Trust. 4. Prescribing the moneys to be paid for electricity supplied, and providing for the payment and collection of such moneys and remedies for the recovery thereof. 5. The times for holding meetings, and the summoning and adjournment thereof; the proceedings and preservation of order in meetings. 6. The transaction and management of business. 7. The duties, discipline, conduct, and regulation of the officers and servants of the Trust; and the punishment of misconduct of such officers and servants. 8. The custody and use of the common seal. 9. Prescribing forms to be used under and for the purposes of this Act. 10. The giving of notices. 11. The inspection of works.

81:h.III.,rr.12-16. RAILWAYS AND TRAMWAYS. 8ch. IV., r. 1. 1922. Brisbane Tramway Trust Act. 12. Making periodical deductions from the salaries or wages of all officers and servants, so as to provide for sums of money or annuities to be payable to officials or servants on retirement from the service of the Trust or to the widows, children, or nominees of deceased officers or servants, and pres(;ribing the management, control, investment, and distribution by a Board of the moneys so deducted and for the appointment of a Board. 13. Prescribing tolls, fares, or charges which, notwithstanding anything in any other Act contained, may be demanded or taken by the Trust from any passenger, or in respect of the carriage of any goods; the provision of trams for workmen at reduced fares. 14. Regulating the number of passengers that may be carried on any car, and for preventing such number being exceeded, and generally for regulating passenger traffic. 15. Fixing stopping places and making time-tables, showing the times of starting and arrival of cars. 16. Generally for carrying into effect the purposes of this Act in respect of any matter not herein provided for, or insuffi- ciently provided for, and as to which the Governor in Council, by Order in Council, permits by-laws to be made. 10347 FOURTH SCHEDULE. ApPEAL BOARD. 1. (1.) Any employee of the Trust who, on the ground of Appeal misconduct or unfitness, or neglect of or violation of or absence Board. from duty, or any other offence against discipline, has been dismissed from the employment of the Trust or disrated or fined, or otherwise dealt with by the general manager, may appeal to a Board (herein called the Appeal Board) which shall be constituted for the purpose of such appeal. (2.) The Appeal Board shall consist of three persons, name1y- How (a) A police magistrate who shall be appointed in each case composed. by the Minister; (b) A person to be appointed in each case by the general manager; and (c) A member's representative nominated in each case by the executive of the Union of which the appellant is a member. The police magistrate appointed as aforesaid shall bl' the Chairman. chairman of the Appeal Board. (3.) The Appeal Board shall hear and determine the appeal. Meetings. The Secretary of the Trust shall convene the Appeal Board, and shall keep a record of all' pro(;eedings thereof' and decisions arrived at. (4.) All powers of the Appeal Board may be exercised hy a Board to act majority of the members thereof. by majority. (5.) . Every notice of appeal shall be in writing, shall clearly Lod~ing and and conCIsely set forth the grounds upon which the appeal is made hearmg of shall be despatched to the secretary of the Trust within seven day~ appeal. after the date when the appellant receives the decision 'which is le

10348 8ch.IV.,r.2. RAILWAYS AND TRAMWAYS. Brisbane Tramway Trust Act. 13 GEO. V. No. 14, 1922. appealed against, and shall be hcard by the Appeal Board as early as practicable after the date when the appeal is received by the said secretary: Provided that the Appeal Board may decline to hear or entertain any matter of appeal which, in their opinion, is bm:ed on trivial or frivolous grounds. The said secretary shall give to the appellant four clear days' notice of the date when the appeal will be heard. Procedure. Representa. tion. (6.) The parties to the appeal shall be entitled to subprena witnesses in the same manner, and subject to the same penalties and conditions, as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath or affirmation. In any proceedings before the Appeal Board the general manager and the appellant may respectively be represented hy his counsel, solicitor, or agent duly appointed in writing in that behalf, who may ex-amine witnesses and address the Appeal Board. Duty of Board. (7.) The Appeal Board shall investigate in open court 6-very appeal, and transmit the evidence taken, together with their decision thereon, to the general manager. Duty of general manager. Powers of Trust. They shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cascs or not. *""Thc Official Inq1liries Evidence Act of 1910" shall be applic- able to every appeal had under this section, as if the Appeal Board were a, Commission under that Act. (8.) The general manager shall transmit such decision and evidence, together with his report and recommendation thereon; to the Trust. (9.) Upon consideration of the matter the Trust may acquit the appellant of the charge made, or, upon being satisfied that the commission of an offcnce has been established, may, according to the nature of the offence, award such of the following punishments as the case may seem to require, whether the general manager has imposed or recommended them or not:- (a) A reprimand; (b) A fine not exceeding ten pounds; (c) Deprivation of leave; (d) Reduction of ~ alary; (e) Disrating; (t) Suspension without pay; (g) Enforced resignation; (h) Dismissal. No appeal 2, Notwithstanding anything contained in any other Act, no BfrooamrdAoprpeal appeal from a decision, either of the Appeal Board or of the Trust Trust. (or, save as hereinbefore provided, from the general manager), with respect to any employee of the Trust, shall lie or be permitted to the Court of Industrial Arbitration, or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. * 1 Geo. V. No. 26, supra, page 748.