Building Operations and Timber and Building Materials Control Act of 1945 (9 Geo Vi No. 22) (Qld)

HOUSING. 9 GEO. VI. No. 22, 1945. Building Operations, Etc., Oontrol Act. 113 HOUSING. (1) The Building Operations and Timber and Building Materials Control Act of 1945 9 Geo. VI. No. 22 (2) The State Housing Act of 1945 .. 9 Geo. VI. No. 24 (3) The Oommonwealth and State Housing Agreement Act of 1945 .. 10 Geo. VI. No. 6 An Act to make further Provision in aid ofHousing 9 ~ ~ . il and other requirements in the State of BuI~ NG OPERA'l'IONS Queensland and to Regulate and Control ANDJ.lffBER Building Operations and Timber and ~ ~ ~ ~ ~ s Building Materials in the said State, and AC~ O~ ~ Rfi45. for other purposes. [ASSENTED TO 15TH NOVEMBER, 1945.] PART I.-PRELIMINARY. p~ ~ ~ ~ Y. W HEREAS there is a grave shortage of housing for Preamble. the people of Queensland and only limited resources of labour, timber, and building materials available for building operations; AND WHEREAS it is desirable that such resources should be conserved and should primarily be made available for the construction, enlargement, and maintenance of dwelling-houses and buildings and other requirements urgently required for public purposes and for use in primary industries and in secondary industries of major importance; AND WHEREAS it is expedient that legislative enactment should be made in that behalf for the purpose of regulating and controlling building operations and timber and building materials in the State, with a view to the equitable distribution of timber and building materials- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- I. This Act may be cited as "The Building Short title Operations and Timber and Building Materials Control and t t' Act of 1945." cons ruc lOn.

114 PAB'I!I.- PBlILIDIIABY. HOUSING. Bwilding Operatwns, Etc., Co~ trot Act. 9 GEO. V L No. 22, Parts of Act. 2. This Act is divided into Parts, as follows:- PART I.-PRELIMINARY; PART H.-REGULATION AND CONTROL BUILDING OPERATIONS; PART IIl.-TIMBER CONTROL; PART IV.-BUILDING MATERIALS CONTROL; PART V.-MISCELLANEOUS. OF Commence- *3. (1.) This Act shall come into operation on a date ; ~ !: : ! of to be proclaimed by the Governor in Council by Act. Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Parts, &c., (2.) It shall not be necessary to proclaim that the =l!:med. whole Act shall commence on the one date, but each Part of this Act (or portion thereof) and/or several· sections and/or part or parts of sections may respectively be proclaimed to commence on such dates as are respe?tively fixed by Proclamation, ~ nd for the purposes of this Act any reference therein to the commencement of this Act shall mean the date on which the Part and/or section and/or part or parts of the section concerned shall be proclaimed as coming into force. Duration of (3.) This Act shall continue in force until a date to Act. be appointed for the ceasing of the operation thereof by Proclamation published in the Gazette or until the .thirty-first day of December, one thousand nine hundred and fifty-one, whichever date is the earlier. Construction of Act. 4. (1.) This Act shall be read and construed with, Act to be as part of and an addition to, and as an amendment of r S e t a a d te with t" The State Development and Public Works Organisation Develop- Acts, 1938 to 1940," herein collectively referred to as mPu.ebnlitcand the Principal Act. ~ C; ~ ation Moreover, where in the Principal Act reference is Acts. made to the expression "this Act" such expression shall, unless the context of this Act otherwise indicates or requires, be and be deemed to also include the Principal Act and this Act. * Parts I., II., I1I., and V. of Act proclaimed in force as from. 22nd Novem.ber, 1945, by Proclam,ation of 22nd November, 1945; Gazette 22nd November, 1945, p. 1209. t 2 G. 6 No. 3 and am.ending Acts, 1938 Sess. v., p. 17365 et Beq.

1945. HOUSING. Building Operations, Etc., Cont1'ol Act. 115 PAB!rI.- PBELDIJIIIABY. (2.) This Act shall also where necessary be read To be also and construed with *" The State Advances Acts, 1916 to : :t~ ~ 1934," or, as the case may be, t" The State Housing Act State of 1945" (on its promulgation in force), and with f' The ! ~ ~ ~ s: ~ Bureau of Industry Acts, 1932 to 1935." HousingAct and Bureau of Industry Acts. (3.) Parts 1. and V. of this Act shall apply and, Application mutatis mutandis, extend to Parts 1I., Ill., and IV. of ofPdaVrtsI. this Act. an • (4.) This Act shall be read and construed so as not Interpreta- t • o exceed the legislative power of the State, to the ntiootnto° feAxcceedt mtent that where any enactment thereof would but legislative for this subsection have been construed as being in ~ ~ wer of excess of that power, it shall nevertheless be a valid ate. enactment to the extent to which it is not in excess of that power. 5. In this Act unless the context otherwise indicates General the following terms have the meanings set against them definitionR. respectively, that is to say:- " Minister"-The Chief Secretary or other Minister Minister. . of the Crown for the time being charged with the administration of this Act; "Order in Council "-Order in Council made Order in under the authority of the Prinoipal Act and Council. this Act; " Prescribed "-Prescribed by the Principal Act Prescribed. and this Act ; " Regulations "-Regulations made under the ~ egula­ authority of the Principal Act and this Act; Ions. " This Act "-This Act (including any Part and/or This Act. portion of a Part and/or section proclaimed in force at any material time) and all Orders in Council and regulations, directions, orders, requirements, and notices made thereunder, and subject to this Act, the definitions in the Principal Act shall, mutatis mutandis, apply and extend to this Act. * 7 G. 5 No. 17 and amending Acts, v. 1, p. 501. t 9 G. 6 No. 24, this vol., p. 139 et Beq, proclaimed in force from 10th December, 1945, by Proclamation of 6th Dooomber, 1945 (Gazette, 8th December, 1945, p. 1363). t 23 G. 5 No. 25 and amending Acts, v. 4, p. 160 et seg.

116 HOUSING. PABTII.- RlIGULATIOlf AlIID COBTROL 011' BUlLDIlfG OPEBATIOlfS. B1J.(ilding Operations, Etc., Con.trol Act. 9 GEO. VI. No. 22, PART H.-REGULATION AND CONTROL OF BUILDING OPERATIONS. Definitions. 6. In this Part unless the context otherwise indicates the following terms' have the meanings set against them respectively, that is to say:- Building operation. " Building operation" includes-- (a) The erection of, any alteration of, any addition to, or the construction, recon- struction, rebuilding, re-erection, demoli- tion, removal, renovation, repair, plastering, panelling, lining, decoration, painting, colouring, whitewashing, or papering of any structure (whether carried on at the site or elsewhere and whether above or below the surface) ; (b) The affixing to any structure of any fixtures or fittings; and (c) Any work for the provision of water, gas, electricity, sewerage, drainage, heating, ventilation, or air conditioning, or for the installation of a lift or an escalator ; By-law. " By-law" includes Ordinance; Cost. "Cost," in relation to any building operation, includes wages paid or due to permanent or temporary employees, sums paid or due to contractors or sub-contractors and the fair value of all materials used in connection with the building operation, including provisional and prime cost items, fixtures, and installations incidental to the building operation (whether all or any of these were acquired for the purpose of the building operation in the course of which they are used or otherwise) and the fair value of all services rendered in connection with the building operation, but does not include the time or labour of the person for whom the building operation is carried out, unless it is within the business of that person to carry out that building operation and the time or labour is expended by him on the building operation within ordinary business hours;

HOUSING. 117 1945. PAB'fU.- Bwilding Operations, Etc., Oontrol Act. BBGULATION AND CON!l'ROL 011' BlJILDING " DI.rector 0 f t he BureauIofdn ustryand Govern- D O i P r I e U c I.A to .TION f B. ment Statistician "-The Director of the Bureauro~ Bureau of Industry and Government {fdustry and Statistician appointed under *" The Bureau St~ ~ ~ ~ ~ oJ Industry Acts, 1932 to 1935," and t" The Statistical Returns Acts, 1896 to 1935": the term, for the purposes of this Act, also includes any person performing and exercising at any material time the functions, duties, and powers and authorities of the Director of the Bureau of Industry and Government Statistician; " Dwelling-house "-Means a building (including Dwelling. the out-buildings associated with it) which is house. used primarily for human habitation and includes a dwelling-house designed for the housing of a single family unit, or for a residence for clergy or for the members of a religious order, but does not include a boarding-house, block of fiats, guest-house, lodging-house, hotel, and/or residential shop; " P.ermit "-"A permit issued pursuant to this Permit. Part, and in force at any material time; "Preliminary approval "-A preliminary approval Preliminary (not being a permit) containing such approval. particulars and directions as prescribed; "Primary production "-Farming, agricultural, Primary horticultural, viticultural, apicultural, production. pastoral, or grazing operations, forestry operations and fishing operations, but in every case only where such operations are pursued by the person concerned as the principal means ofhis livelihood, and "primary producer" and primary produce have correlative meanings; " Recreational area "-An area declared as such Recreational by the Governor in Council by Order in area. Council. 7. (1.) The Minister may, by writing under his hand, Dele! P"~ ion delegate to the Director of the Bureau of Industry~ ! ~ = ; and Government Statistician all or any of his powers of Bureau of Industry and - - - * 23-G-. 5 - No. - 25-an-d a-men-din-g A-cts-, v-. 4, - p. - 160- et - seq. - - - - - SGtoavtiesrtnicmiaenn. t t 60 V. No. 16 and amending Acts, v. 8, p. 1196 et seq.

118 HOUSING. PABTfi.- ltBGULATIOIII DD COIIITBOL Building Operations, Etc., Con,trol Act. 9 GEO. VI. No. 22, 01' BUILDING OPU.ATIOIIIS. and functions and authorities under this Part of this Act (except this power of delegation) in relation to any matters or class of matters so that the delegated powers, functions, and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Every delegation by the Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function, or authority by the Minister. Divisions of 8. For the purposes of this Part the State shall be State. divided into three divisions (referred to as "zones "), as follows:- "Zone A"-The cities of Brisbane, Ipswich, Toowoomba, Maryborough, Bundaberg, Rock- hampton, Mackay, Townsville, and Cairns, and such areas adjacent to these cities as may be specified from time to time by the Governor in Council by Order in Council; " Zone B "-The towns of Redcliffe, Coolangatta, and Southport, all islands off the coast of Queensland, and all areas on the mainland within five miles of the coast of Queensland (except cities or parts of cities specified in " Zone A" abovementioned), and any other areas which the Governor in Council may from time to time by Order in Council published in the Gazette declare to be recreational areas; " Zone C "-The rest of the State. Restriction 9. (1.) (i.) Except as herein provided in this Part, a on building person shall not without the consent in writing of the operations. Minister (herein referred to as the permit) commence or carry· out or supervise or continue to carry out or supervise any building operation. (ii.) For the purposes of this section the term " person" includes an owner, lessee, architect, engineer, contractor, builder, supervisor, or employee. Grapt of (2.) Where application is made for the permit of pen: ni~ ~ Y the Minister, the Minister may, in his absolute discretion, the i ,MInIster. re f use t 0 grant tehpe' rmtl, or may grant the perml' t, i either unconditionally or without limitation, or subject to such conditions or limitations as he thinks fit (including

HOUSING. 119 1945. in a Building Opet'ations1. Etc., Control Act. case where the premises on which the PABTn.- B.BGULATlON AND CONDOL OF BUILDING building QPIlBATlONS. operation is to be carried out are required for purposes specified in the application, such conditions or limitations as to the letting or use of the premises as he considers necessary or convenient to ensure that the premises are used for those purposes), and, in particular, may permit the execution of- (a) Part only of any building operation, or of so much only of any building operation as does not involve the expenditure of more than a sum specified in the permit or the construction or extension of a building to an area greater than that specified in the permit concerned; (b) All building operations, or of any class or classes of building operations, to be carried out by the person making the application during any period specified in the permit; or (c) So much of any building operations, or of any class or classes of building operations, to be . carried out by that person in that period as does not involve the expenditure of more than a sum specified in the permit: Provided that any consent or preliminary approval granted prior to the coming into operation of this Part pursuant to the powers and authorities of the National Security. (Building Operations) Regulations of the Commonwealth, and made under the NationalSecurityAct1939-1943 of the Commonwealth, but on which the building operation has not commenced or on which building operation is in progress, shall be and be deemed to be a permit or, as the case may be, preliminary approval of the Minister for the purposes of this Part, and as such, subject to the provisions of this Part: Provided further that where any building operation is in progress at the commencement of this Part, which if commenced or done subsequent to such commencement would have required a permit in regard thereto, any person carrying out such building operations shall forthwith apply for a permit in regard thereto, and the provisions of this Part shall extend and apply accordingly. (3.) Where the permit or preliminary approval of Power to the Minister has been granted under this Part, the revoke;nd Minister may, in his absolute discretion, at any time, by:::t. notice in writing suspend the permit or preliminary

120 HOUSING. PARTII.- REGULATION AND CONTlIOL Building Operatwm, Etl)., Control Act. 9 GEO. VI. No. 22, 01/ BUILDING OPERATIONS. approval for such period as is specified in the notice, or, subject as hereinafter provided, revoke the permit or preliminary approval or may vary the terms and conditions of the permit or preliminary approval: Provided that the Minister shall have power to revoke any permit or preliminary approval- (a) If he is satisfied that there has been a substantial change in circumstances since the permit or preliminary approval was granted; or (b) If, within a reasonable time from the date of the issue of the permit or preliminary approval concerned, the permittee has not made use of such permit or preliminary approval concerned. Application (4.) An application for a permit under this section for permit. shall be in such form and contain such information as the Minister directs or as may be prescribed. Approval or (5.) No person shall commence and/or continue a dJ¥i.slprmlaiyt etdo. be building operation unless-- (a) Where a permit under this Part is not necessary, .such person shall display (and protect same so that it does not become illegible) and continue to so display the approval of the Local Authority as herein- after referred to; (b) Where a permit has been granted by the Minister, the approval of the Local Authority, accompanied by a certificate of the Local Authority indicating that the Minister's permit has been granted, be prominently displayed (and be protected so that it does not become illegible) on the site of the building operation, and, as the case may be, continue to be so displayed throughout the period of the building operation. wp.ere Local (6.) Notwithstanding anything contained in the hbAuauistlhdnioonrgity LAouctahlorGI • toyveArnremaent h t eArectas,reinnoanbyy- claaswes winherfeorcine arelLaoticnagl by-laws. to buildings and/or the issue of permits or approvals in regard thereto, any such Local Authority shaH nevertheless, by virtue of the provisions of this Part of this Act, have power, authority, and jurisdiction to

HOUSING. 121 PART II.- 1945. Building Operations, Etc., Control Act. REGULATION AND CONTROL OF BUILDING OPERATIONS. issue any necessary permit or approval by it of any building concerned and to the intent that such permit or approval shall enure and have full operation and effect and the force of law accordingly. Moreover any such Local Authoritv shall issue same in accordance with any regulations 'inade in that behalf. 10. Subject as herein provided :- Exemptions. (1.) The provisions of the last preceding section shall not apply in respect of any building operation- (a) To any building used or intended to be used as a dwelling-house as such by a primary producer, and situated in the place where such primary production is carried on by him; (b) To any building for any purpose of primary production and/or the storage and/or treating or processing of primary products where the cost thereof does not exceed five hundred pounds; (c) To any building operation the total cost of which is to be met by the Commonwealth or the State or the Public Service or by any local body when acting pursuant to its powers and authoritieFl conferred upon it by an Act of the Legislature concerned; (d) To houses built under the control of the War Service Homes Commissioner constituted under the * WarServiceHomesAct 1918-1941 of the Commonwealth or The State Advances Corporation constituted under t" The State Advances Acts, 1916 to 1934" (or as the case may be the Queensland Housing Com- mission to be constituted on the coming into force of t" The State Housing Act of 1945") ; (e) Sewerage connections ordered by a Local Authority; (f) Repair work to plumbing and electrical systems, provided such work is strictly confined to restoring previous installations, without any extension or improvement. * No. 43 of 1918 of the Commonwealth and amending Acts. t 7 G. 5 No. 17 and amending Acts, v. 1, p. 501. :j: 9 G. 6 No. 24, this vol., p. 139 et 8Cq.

122 HOUSING. PilTH.- - - - - - ~ ~ ~ - - - - - - ~ REGULATION AND CONTROL Building Operations, Etc., Control Act. 9 GEO. VI. No. 22, OP BUILDING OPERATIONS. .(2.) (i.) The provisions of the said last preceding section shall not apply in respect of any building operation- (a) In respect of "Zone A" to any building operation therein the cost of which does not in any financial year exceed one hundred pounds; and/or to any building operation therein in respect of the erection of a dwelling- house, or of any additions, alterations, extensions, repairs, or maintenance to a dwelling-house: Provided that without the permit of the Minister a new dwelling-house shall not be erected, or an existing dwelling-house shall not be extended, so that, in either case, its area shall exceed one thousand two hundred and fifty square feet: Provided further that regulations may prescribe the method of reckoning such area and/or for that purpose may without limiting the generality of this provision provide for the inclusion or exclusion of the areas of laundries, garages, and other buildings of similar nature or otherwise as so prescribed; (b) In respect of "Zone B" to any building operation therein in respect of the erection of a dwelling-house; but subject to the like provisions, conditions, and stipulations (including the power to make regulations) as is prescribed with respect of the erection and/or extension of a dwelling-house in " Zone A " aforesaid : Provided that if at any time within the operation of this Part of this Act, the person constructing such dwelling-house or any other person to whom he may have disposed of the dwelling-house by sale, lease, or in any other manner, shall use such dwelling-house for any other purpose than as a permanent residence, such person shall be guilty of an offence; and/or in respect to any other building operation (whether on a dwelling-house or

1945. HOUSING. 123 PARTII;- Building Opera.tions, Etc., Control Act. REGULATION AND CONTROL OF BUILDING OPERATIONS. otherwise) where the total cost of such building operations in the financial year does not exceed one hundred pounds; (c) In respect of "Zone C" to any building operation therein in respect of the erection of a dwelling-house; and/or in respect to any other building operation if the total cost of all such other building operations carried out in the financial year does not exceed five hundred pounds. (ii.) For the purposes of this subsection the first financial year shall be the financial year beginning from the first day of July, one thousand nine hundred and forty-five, to the thirtieth day of June, one thousand nine hundred and forty-six. (3.) The provisions of the said last preceding section shall not apply to any building operation or any building operation included in a class of building operations from time to time declared by the Governor in Council by Order in Council to be a building operation or class of building operations to which the provisions of the last preceding section shall not apply. 11. (1.) Where a building operation has been, or P.ower to is about to be, commenced or continued, whether the ~:ctions provisions of section nine apply thereto or not, or ~ h~ re whether the permit of the Minister has been granted or ! : ~ ~ ~ ~ - thiB refused, or has not been given if at any time the Minister Part of Act shall be satisfied that there is reasonable ground for ~,:!eb~ to suspecting that this Part of this Act is being or has been made. infringed, or is not being, or has not been, complied with, he may, at any time and from time to time, by notice in writing, give to the person on whose behalf the building operation has been or is about to be commenced or con- tinued, or to any architect, builder, contractor, or engineer employed in any capacity, or to any other person employed in any advisory or supervisory capacity, in connection with that building operation, or to some or all of those persons, such directions in relation to the building operation or its suspension or discontinuance or as to the furnishing to him or to any person specified by him of any information in relation to the building operation, as the Minister thinks fit.

124 HOUSING. PART II.- REGULATION AND CONTROL Ol!' BUILDING OPERATIONS. Bwilding Operations, Etc., Oontrol Act. 9 GEO. VI. No. 22. (2.) A person to whom a notice is given under the last preceding subsection- (a) Shall comply with any directions applicable to him; (b) Shall furnish any information in his possession specified in the notice; and (c) Shall not commence or continue the building operation contrary to any directions contained in the notice. Compliance 12.A person to whom a permit has been granted dcwoiirntehdcittiioonnss, , ourndeenrgitnheiserPeamrtplaonydedaniyn aarncyhitceacpt, acbiutyildaenrd, caonnytraoctthoerr, &c. person employed in an advisory or supervisory capacity in connection with the execution of the building operation in respect of which the permit has been granted- (a) Shall, whether or not the permit is revoked, comply with all conditions or limitations applicable to him to which the permit is subjeot; (b) Shall not, if the permit is revoked, continue the building operation, or, if the permit is suspended, continue the building operation during the period of suspension ; (c) Shall make and keep proper books and accounts and stock and costing records where applicable in relation to the building operation as shall be necessary for the purposes of this Act, or as may be prescribed, and shall preserve such books and accounts and stock and costing records, including all invoices, vouchers, agreements, correspondence, docu- ments, and copies thereof, until their destruction is authorised by the Minister. False information or entry. 13. A person shall not- (a) In any application or in answer to any request made in pursuance of this Part make any statement or furnish any information; or (b) In relation to any matter dealt with under this Part, make any entry in any document, which he knows or has reasonable cause to believe to be false in a material particular.

HOUSING. 125 1945. Building Operations, Etc., Oontrol Act. PART II.- REGULATION AND CONTROL OF BUn.DING 14. Where any building operation is being or has OPERATIONS. been CarrI.ed out on any Ian dor prem'Ises dur' mg the ePnotwryerasnodf period of operation of this Part, a person authorised by inspection. the Minister to act under this Part may at any time enter on and inspect the land or premises for the purpose of ascertaining whether the provisions of this Part are being, or have been, complied with. 15. For the due performance of this Part, any Inspection of person or, in the case of a corporation or company, books, &c. the secretary, manager, director, or public officer thereof, upon demand by the Minister or any person appointed in that behalf by the Minister, shall produce for his inspection all or any books, accounts, registers, documents, or writing relating to the business of the person concerned, and shall answer all questions put to him concerning such business. The Minister or such person may, without fee or reward, take such notes, copies, or extracts thereof or therefrom as he may deem necessary. Every person who refuses to produce such books, accounts, registers, documents, or writings, or obstructs the taking .of any such notes, copies, or extracts, or who wilfully gives a false answer to any such question as aforesaid, shall be guilty of an offence. This section shall apply and extend to any person who has the custody or possession of any book, account, register, document, or writing which relates to the business of the person concerned. 16. (1.) The Governor in Council may from time~s: :of to time make regulations as to classes of building which receive gs to are to receive priority as hereinafter provided, in the P:;':I as to supply of all building materials or of any particular class ~ ~ s or classes of building materials and/or of timber. ~ tu d n / b o e r r. (2.) A person entitled to claim priority under the aforesaid provisions of subsection one shall make application for a certificate when applying to Local Authority appropriate in his case for approval for the building operation (or in the case of work already in progress at the time of the coming into force of this Part of the Act, shall make application in such form and manner as the Minister may direct). '

HOUSING. PARTII.- REGULATION AND CONTROL OF BUILDING OPERATIONS. Building Opemtions. Etc., Control Act. 9 GEO. VI. No. 22, (3.) Each supplier of building materials and/or timber to the holder of such a certificate shall endorse on the back of it the quantities supplied by him, and no supplier shall supply more than appears reasonably necessary, having in mind the nature of the building as shown on the front of the certificate, and the amount of materials already provided by other suppliers, as shown by their endorsements. Priority certifiestes ss to building materials snd/or timber. (4.) Any priority certificate as hereinbefore provided shall be treated as a certificate which will be a sufficient ground for any person whose business is to supply building materials and/or timber to supply same for the purpose of the dwelling-house concerned, and to give priority in that regard over any applications received by such person prior to the receipt of the certificate of the Local Authority concerned; and such person on supplying the building materials and/or timber in accordance with any such certificate is hereby indemnified against any action, claim, demand, liability, or other proceedings which, but for the provisions of this section, might lie against the person so supplying concerned. (5.) For the purposes of this section the term "timber" shall have the meaning as defined in section twenty of this Act, and the term " building materials" shall have the meaning as defined in section thirty of this Act, and any declaration by the Minister referred to therein may be likewise made for the purposes of this section. Provisions 17. (1.) Subject to this Part, nothing in this Part ~ t~ L??al shall prejudice or affect the powers, authorities, and ~~ ; ~ r: ~ s. jurisdiction of a Local Authority in respect of buildings under the Local Government Act or any by-law made thereunder: Provided that the Governor in Council may make regulations as to the forms to be used and which shall be issued by Local Authorities in respect of a grant by the Local Authority to erect, or as the case may be, alter or repair any building, the sending to the Minister of a copy or copies of such forms upon issue, and the use of copies of such forms as priority certificates for the purchase of materials, in accordance with section sixteen of this Act. (2.) Any such form shall have on the face of it an indication whether or not a permit under this Act is

HOUSING. 127 1945. BW/,Ulin,g Operations, Etc., Oontrol Act. PABTII.- 1i~ G~ ~ ~ OIP BUILDING required in addition to that of the Local Authority OPEBATION8. concerned, and a copy of any such form shall be displayed in accordance with the provisions of subsection five of section nine accordingly. (3.) The provisions of subsection six of section nine ~ Plication of this Part shall, mutatis mutandis, apply and have effect s. 9 (6). in respect of the acts, matters, and things referred to in section sixteen and this section. 18 Any person who obstructs or attempts to Obstruction. obstruct or who counsels or procures any other person to obstruct or to attempt to obstruct- (i.) The doing or executing by the Minister or any person acting under the authority of the Minister or authorised person of any act, matter, or thing which the Minister or the authorised person or such person may do and execute thereunder; or (ii.) The doing and executing by any other person of any act, matter, or thing prescribed by any order, direction, authority, or notice made, issued, or given by the Minister or person acting under the authority of the Minister, shall be guilty of an offence under this Part. 19.(1.) Any person who contravenes or fails to Offences. comply with, or does any act or thing or is guilty of any omission or conduct against, the provisions of this Part shall be guilty of an offence. (2.) An offence against this Part may be prosecuted at the option of the Minister in a summary way under *" The Justices Acts, 1886 to 1945," or upon indictment in the Supreme Court, but subject as herein provided an offender shall not be punished more than once in respect of the same offence. (3.) The punishment for an offence against this Part shall be- (a) If the offence is prosecuted summarily-a penalty not exceeding one hundred pounds in the case of an individual offender; or if the offender is a body corporate-a penalty not exceeding five hundred pounds; and * 50 v. No. 17 and amending Acts, v. 4, p. 363 et seq.

128 HOUSING. PARTII.- REGULATION AND CONTROL OF BUILDING OPERATIONS. Bttilding Opemtions, Etc., Contro~ Act. 9 GEO. VI. No. 22, (b) If the offence is prosecuted upon indictment- a penalty not exceeding two hundred and fifty pounds or imprisonment for a term not exceeding six months in the case of an individual offender; or if the offender is a body corporate-a penalty not exceeding two thousand pounds. (4.) (i.) Where the offence is prosecuted upon indictment, the Court, in addition to any other punish- ment shall have power and jurisdiction to order, and may order that- (a) Any building found to the satisfaction of the Court to have been constructed wholly, or in a substantial part, in contravention of this Part; or (b) Any dwelling-house found to the satisfaction of the Court to have been used during the period of the operation of this Part contrary to the terms and conditions of the permit concerned, or to have been used without reasonable and sufficient cause in a manner substantially different from the statements of the owner made in or with his application for the permit concerned, shall together with the appurtenant land, in either case become forfeit so far as the right of the owner to possession and/or enjoyment and/or control is concerned to the Crown for the period consisting of the remainder of the operation in force of this Part, or for such lesser period as the Court shall determine: Provided that no such period above referred to shall be for a period less than twelve months notwith- standing that the operation of this Part may have expired. (ii.) Such forfeiture shall by virtue of such order of the Court have full effect and operation accordingly, and to the intent that if the offender refuses or fails to observe the order of the Court, such offender shall be deemed guilty of a contempt of the Supreme Court and may be punished accordingly. (iiL) The Court shall cause any such order to be served on the Minister. During the currency of such order, the Minister may, in his absolute discretion, through the Public Curator, let the building concerned as a dwelling-house to a family in need of a home on

HOUSING. 129 1945. Building Operations, Etc., Control Act. such terms and conditions as he shall prescribe. PARTII.- REGULATION AND OONTROL OF BUILDING Any OPERATIONS. such building may in the absolute discretion of the Minister be so altered whereby the same may be con- verted into a dwelling-house: Provided that if such building cannot be so converted, the Minister may, in his absolute discretion, through the Public Curator, cause the same to be let for some other purpose, or make same available for some other public purpose. (iv.) The Minister may, through the Public Curator, pay to the offender concerned any rents and/or profits received for the building or dwelling-house in question, less such sum, to be fixed by the Minister, as shall be considered reasonable for any costs of administration, alterations, outgoings, and matters incidental to the provisions of this section. (v.) On the cesser of the time referred to in the order of the Court in which the building or dwelling-house (together with the appurtenant land) becomes forfeit to the Crown as aforesaid, the building and appurtenant land shall revert to the offender accordingly, and the Crown and the Minister and the Public Curator are hereby indemnified against all actions, claims, and demands herein accordingly. (vi.) When such building, or, as the case may be, the dwelling-house is reverted to the offender, such building or dwelling-house shall revert subject to any leases or tenancies that may exist in regard thereto at the time of such reversion. PART IlL-TIMBER CONTROL. PARTIII.- TIMBER 20. In this Part of this Act, unless the context CONTROL. otherwise indicates, the following terms have the Int~ rpre­ meanings set against them respectively, that is to say :_ tatlOn. " Chief Controller "-The Chief Controller Chief appointed under the provisions of this Part: Controller. the term includes the person for the time being performing the duties of the Chief Controller; " Owner" includes, in relation to timber, any Owner. person who is in possession of, or entitled to possession of, timber or who has an interest in any timber or who has a license or a E

130 PARTIII.- TIMBER CONTROL. HOUSING. B1tilding Operations, Etc., Control Act. 9 GEO. VI. No. 22, Timber. Appoint- ment of Chief Controller. permit to take or obtain any timber in any form whatsoever, and includes any person in possession or occupation, or entitled to possession or occupation, of any sawmill, kiln-drying plant, planing mill, timber yard, or timber or plywood factory; " Timber" includes all wood, whether in growing, dead, felled, or fallen trees, or sawn, treated, or in any other form whatsoever, and any material, article, or commodity of which timber forms a constituent part, but does not include firewood, charcoal, or wood pulp: Provided that the term" timber" does not include timber being the subject of interstate trade or commerce within the meaning of section ninety-two of the Common- wealth Constitution, but such term includes only such timber as is or hereafter shall be part of the general mass of property in Queensland which is completely under the power and control of the State of Queensland. 21. (1.) The Governor in Council may from time to time appoint a Chief Controller of Timber. (2.) The Chief Controller shall hold office at the pleasure of the Minister. (3.) For the purpose of filling the office of the Chief Controller the Governor in Council may pursuant to *" The Public Service Acts, 1922 to 1924," appoint or second any officer of the Public Service. (4.) The Chief Controller may hold his office in conjunction with any office in the Public Service held by him at any time. (5.) The Chief Controller shall during his con- tinuance in office receive such annual salary or, in case of his appointment in conjunction with his existing office in the Public Service, such additional salary as shall from time to time be fixed by the Governor in Council. Delegation by Chief Controller. 22. (1.) The Chief Controller may, with the approval of the Minister by writing under his hand, delegate to any person all or any of his powers and functions and authorities under this Part (except this power of delegation) in relation to any matters or class of matters * 13 G. 5 No. 31 and amending Acts, v. 7, p. 1139.

1945. HOUSING. Building Operations, Etc., Control Act. 131 PARTIII.- TIMBIIIR CONTROL. so that the delegated powers, functions, and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Every delegation by the Chief Controller shall be revocabl~ in writing at will, and no delegation shall prevent the exercise of any power, function, or authority by the Chief Controller. 23. The Chief Controller may control the Powers of production, treatment, handling, sale, supply, movement, g: ~ ~ oller distribution, storage, marketing, and use of timber, and . for that purpose may take such measures, make such orders, give such directions, and do such things as he thinks necessary or expedient, and in particular, but without limiting the generality of the foregoing provisions of this Part, the Chief Controller may make orders and give directions- (a) Requiring any owner, user, distributor, or transporter of timber to make such returns and furnish such estimates to the Chief Controller relating to his business or to the stocks of timber in his possession or custody or under his control as are specified in any such order or direction ; (b) Requiring any person to receive timber and to hold it at the disposition and subject to the directions of the Chief Controller; (c) Directing any owner of timber or other person to produce, treat, handle, convey, sell, deliver, supply, distribute, store, or market timber in accordance with the requirements of, or made under, any such order or direction; (d) Controlling the production, treatment, hand- ling, sale, supply, movement, distribution, storage, marketing, and use of the timber of any owner, or any particular class, type, size, quantity, or quality of such timber, either generally or in relation to a particular area; and (e) In respect of the use of timber, prohibiting or limiting the use of any particular class for any purpose as may be directed by the Minister, or as may be prescribed.

?ARTIII.- TIMBER CONTROL. HOUSING. Building Operations, Etc., COIlAtrol Act. 9 GEO. VI. No. 22, Special 24. (1.) The Chief Controller may require any p~~ ~ rs i~ owner of timber to sell, supply, or deliver to the person ~ : l: " l~ : pp~ y, named in the requirement such quantity of timber, and delivery. of such quality and kind, at such stage of treatment or processing, and within such time, as is specified in the requirement. (2.) Upon service on him of notice of a requirement under the last preceding subsection, the owner of timber affected by the requirement shall, subject to such exceptions as are permitted by the Chief Controller. take all practicable measures to ensure that the sale. supply, or delivery of the timber specified in the require- ment, and all preparatory or other measures necessary to enable that sale, supply, or delivery to be effected, are given priority to any other sale, supply, delivery, or measures. (3.) A requirement under this section may provide that the obligation to comply therewith, within the time specified, shall be conditional upon the happening or continuance of events or circumstances specified in the requirement, and the Chief Controller may at any time extend the time for compliance with any requirement. Order to (4.) The Chief Controller may require any user of adceclievpetry of timber to accept delivery of timber of such quality and timber. kind, and in such quantities, as is specified in the requirement. Prices to be 25. A person or authority to whom any timber determined. is or are required to be supplied in pursuance of this Part shall be liable to pay therefor to the persons required to supply such timber such price, prices, or rates in respect to the timber as may be fixed by the Common- wealth Prices Commissioner in pursuance of The National Security (Prices) Regulations whilst such Regulations remain in force and thereafter by the Commissioner of Prices appointed under the provisions of *" The Profiteering Prevention Acts, 1920 to 1938." Access to premises, books, &c. 26. Any person authorised in writing by the Chief Controller appointed under the provisions of this Part to exercise the powers conferred by this Part shall, for the purposes of this Part, at all times have full and free access to all timber and to all buildings, places, books, * 10 G. 5 No. 33 and amending Acts, v. 6, p. 385 et seq.

1945. HOUSING. Building Operations, Etc., Control Act. PARTIII.- TIlIIBER CONTI!.OL. documents, and other papers in connection with any timber, and for those purposes may make extracts from or copies of any such books, documents, and papers. 27. A person shall not refuse or fail to comply C,?mpliance with any requirement or direction lawfully made on or WIth. ement A gI . ven to h I ' m in pursuance 0 f t h I ' S P art, or 0 f any or d er or a re ~ q d Ulr. .. direction made or given thereunder. dIrectIOns. 28. Any person who refuses or fails to comply Punishment woritdheliavneyredreqtouihreimme I . n D t pourrsudairnecceti 0 o f n t hlaI' SwfPuallryt omr a 0 d f eanoyn faPogararm . t o . f s fet t nch IS ~ order or direction made or given thereunder shall be guilty of an offence against this Part and shall be liable upon conviction to a penalty not exceeding five hundred pounds and moreover in addition to any other punish- ment the Court before which a person is convicted of an offence against this Part may order the forfeiture to the Crown of all timber the subject-matter of any requirement or direction made and in respect of which the offence was committed. 29. All penalties payable in respect of any offence Recovery of against this Part may be recovered in a summary way penalties. by complaint under *" The Justices Acts, 1886 to 1945." PARTIV.- BUILDING PART IV.-BuILDING MATERIALS CONTROL. ~= tS 30. In this Part of this Act, unless the context Buil~ g otherwise indicates, the following terms have the mean- materlaJs. ings set against them respectively, that is to say:- "Building materials" includes asbestos cement products, bricks, and/or any materials or appliances declared by the Minister from time to time by notice in the Gazette to be building materials for the purpose of this Act other than timber: Provided that the term "building materials" does not include building materials being the subject of interstate trade or commerce within the meaning of section ninety-two of the Commonwealth Constitu- tion, but such term includes only such building materials as is or hereafter shall be part of the general mass of property in Queensland which is completely under the power and control of the State of Queensland; * 50 v. No. 17 and amending Acts, v. 4, p. 363 et seq.

134 PART IV.- BUILDING MATERIALS CONTROL. HOUSING. Bwilding Operations, Etc., Contro~ Act. 9 GEO. VI. No. 22, Controller. Owner. " Controller" means any Controller appointed in pursuance of the provisions of this Part in relation to any class and/or classes of building materials: the term includes the person for the time being performing the duties of any such Controller concerned; " Owner," in relation to building materials, means any person who is in possession or entitled to possession of any building materials. Appoint- 31. (1.) The Governor in Council may from time ~ : : : r~ iIer or to time appoint a Controller and/or Controllers in Controllers. relation to any class or classes of building materials as defined by this Part. (2.) A Controller may hold his office in conjunction with any office in the Public Service held by him at any time. (3.) A Controller so appointed shall- (a) Hold office at the pleasure of the Minister; (b) During his continuance in office receive an annual salary or, in the case of his appoint- ment in conjunction with his existing office in the Public Service, such additional salary as shall from time to time be fixed by the Governor in Council. (4.) For the purpose of filling any office of Controller the Governor in Council may pursuant to *" The Public Service Acts, 1922 to 1924," appoint or second any officer of the Public Service. Powers oh 32. (1.) Any Controller appointed under the pro- Controller. visions of this Part may- (a) Give directions to any person in relation to the distribution, sale, storage, or movement by him of any building materials, and in particular in relation to the quantity of any building materials to be distributed, sold, stored, or moved by him for any purpose, or during any period as is specified in the directions; (b) Require any person to. obtain his consent before distributing, selling, storing, or moving building materials specified in the require- ment; * 13 G. 5 No. 31 and amending Acts, v. 7, p. 1139.

1945. HOUSING. Building Operations, Etc., Control Act. 135 PARTIV.- BUILDING MATERIALS CONTROL. (c) Require any person to furnish such particulars, estimates, or returns relating to his output, purchases, sales, use, disposal, or stocks of any building materials as are specified in the requirement. (2.) A person to whom any such requirement or direction is applicable shall comply therewith. 33. (1.) Any Controller appointed in pursuance of Powers of the provisions of this Act may with the consent of the delegation. Minister by writing under his own hand delegate to any person all or any of his powers and functions and authorities under this Act (except this power of delegation) in relation to any matters or class of matters so that the delegated powers, functions, and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Every delegation by a Controller shall be revocable in writing at will, and no delegation shall prevent the exercise of any power, function, or authority by the Controller. 34. The provisions of sections twenty-five, twenty- Applica~ i? n six, and twenty-seven of Part In. sha~ l mutatis mutand~ s ~ ~ p~ ~ l~ ~ ~ ~ S apply and extend and have operatIOn and effect III to this Part. relation to this Part. 35. Any person who refuses or fails to comply Penalties. with any requirement or direction lawfully made on or delivered to him in pursuance of this Part, or of any order or direction made or given thereunder, shall be guilty of an offence against this Part and shall be liable upon conviction to a penalty not exceeding five hundred pounds. All penalties payable in respect of any offence Recovery of against this Part may be recovered in a summary way penalties. by complaint under *" The Justices Acts, 1886 to 1945." PART V.-MrSCELLANEOUS. PARTV.- MIS- CELLANIilOUS. 36. (1.) Any information, complaint, or other legal Inform~ tion, proceeding under this Act may be laid, made, or taken ~ mplamts, by any officer duly authorised in that behalf by the c. Minister, either generally or in any particular case. * 50 v. No. 17 and amending Acts, v. 4, p. 363 et 8eq.

136 PARTV.- MIS- CELLANEOUS. HOUSING. Building Operations, Etc., Con,trol Act. 9 GEO. VI. No. 22, ~ a!IDer of (2.) Any notice, order, requirement, or direction g re lV q m ui g rements W h 1 ' 0 h may b e " gIven In pursuance 0 f t hi s A ct or 0 f any ~ ? - d t' order or direction made thereunder may be made or lrec lOns. given in writing served either personally on the person to whom it is addressed or by posting the same to him at his lastknown place of abode or at any of his places of business_ (3.) In any proceedings for an alleged offence against this Act it shall not be necessary to prove any appointment under this Act or the authority of any authorised officer to lay the complaint or to take the proceedings or to do any act or to give any direction or issue or serve any notice. (4.) Any proceeding for an alleged offence against this Act may be instituted within six months after the offence is committed or within four months after the discovery of the offence by the complainant whichever is the later period. Offence by (5.) When an offence against this Act is committed corporation. by a body corporate, every person who at the time of the commission of such offence was a director or governing officer, by whatever name called, of such body corporate shall in addition to such body corporate be deemed to be guilty of the offence unless he proves that he did not know and had no means of knowing of the commission of such offence. Evidence. (6.) In any proceedings under or for the purposes of this Act- (a) Any allegation or averment in any information, indictment, complaint, pleading, summons, or writ that any person does not hold a permit as prescribed or is not exempted from the requirements of this Act or that any particular condition or limitation to which a permit is subject applies to any person, as the case may be, shall be prima facie evidence of the matter or matters so alleged or averred ; (b) Any such allegation or averment of the date of discovery of any offence under this Act shall be prima facie evidence thereof. Protection of 37. No act, matter, or thing done by any officer or officers from other persons whomsoever acting under the authority of Ji!bU:. this Act shall (if the matter or thing was done bona fide

1945. HOUSING. Building Operations, Etc., Control Act. 137 PAltT-V.- IDs- OIlLLANBOUS. for the purposes of this Act) subject them or any of them personally to any action, liability, or claim or demand whatsoever. 38. Where power and authority is conferred upon Orde1'8 in the Governor in Council by the Principal Act and this Council. Act to make an Order in Council, he may make such one or more Orders in Council as appear to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council. No misnomer or inaccurate description or omission in or from any Proclamation or Order in Council shall in any wise prevent or abridge the operation of the Principal Act, this Act, and the Proclamation or Order in Council with respect to the subject-matter provided the same is designated so as to be understood. 39. (1.) The Governor in Council may from time to Regulatio1l.8. time make regulations for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act, and the provisions of sections thirty and thirty-one of the Principal Act apply and extend accordi,ngly. (2.) Without limiting the generality of the fore- going provision, regulations may be so made and either generally or to meet particular cases for all or any of the following purposes:- (i.) Regulating applications by persons for permits and/or preliminary approvals and the particulars, instruments, undertakings, and documents to be furnished with any such applications ; (ii.) Prescribing the form of permits and the terms, provisions, cOI\ditions, and stipulations thereof; also form of preliminary approval, including particulars, conditions, stipulations, and directions in regard thereto ; (iii.) Prescribing any other forms to be used for the purposes of this Act;

138 HOUSING. PART V.-· - - - - - - - - - - - - - - - - , - - - - - - - - - - - CELL M AN IS E · OUS • . Building Operations, Etc., Control Act. 9 GEO. VI. No. 22, 1945. (iv.) Giving power to require Local Authorities to issue any permits and/or certificates in accordance with the provisions of sections sixteen and seventeen of this Act and the forms of such permits or certificates; (v.) Prescribing provisions for the securing of arrangements for timber and/or building materials, and any necessary matter or thing required or convenient for the purposes of carrying out the objects and purposes of Parts In. and IV. of this Act; (vi.) Prescribing forms of returns and statistics to be made and furnished in accordance with this Act, and the contents thereof, and the persons or classes of persons by whom the same shall be made and the time and mode of making same; (vii.) Prescribing the functions and duties of inspectors and other officers; (viii.) All acts, matters, or things required or per- mitted to be prescribed; (ix.) Generally, to give full effect to the objects and purposes of this Act. Regulations (3.) Regulations may be made on the passing of mmaaydebe on the this Act. passing of this Act.