City of Brisbane Act Amendment Act 1969 (Qld)

168 (!ttrrttsltut t ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 26 of 1969 An Act to Amend The City of Brisbane Acts 1924 to 1967 in certain particulars [ASSENTED TO 18TH DECEMBER, 1969] BE IT ENACTED by the Queen'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:- 1. Short title and citation . (1) This Act may be cited as the City of Brisbane Act Amendment Act 1969. (2) The City of Brisbane Act of 1924 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Act1924-1969.

City of Brisbane Act Amendment Act 1969 , No. 26 169 2. Amendment of s. 16 - Triennial elections . Section 16 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following words and subsection:- " Triennial elections . (1) The next triennial election of the Mayor and aldermen after the commencement of the City of Brisbane Act Amendment Act 1969 shall be held on the first Saturday in April, one thousand nine hundred and seventy, and thereafter in every third year on the last Saturday in March: Provided that if in the year of any triennial election (excepting the year one thousand nine hundred and seventy) the Saturday next following Good Friday falls on the last Saturday in the month of March, such election shall be held on the first Saturday in the month of April in that year. At the next triennial election to be held on the first Saturday in April, one thousand nine hundred and seventy, and at every triennial election thereafter, the Mayor and the whole number of aldermen shall be elected.". 3. Amendment of s. 17-Electoral Rolls. Section 17 of the Principal Act is amended- (a) by omitting from subsection (3) paragraph (b) thereof and inserting in its stead the following paragraph:- " (b) Except as provided in paragraph (c) of this subsection the electoral roll for an electoral ward shall be the annual roll for the electoral district comprising that electoral ward prepared under and in accordance with the requirements of the ElectionsAct up to the thirty-first day of December of the calendar year next preceding the date of the triennial election with all corrections of and erasures from such annual roll made under and pursuant to the Elections Act."; (b) by omitting from subsection (3) from subparagraph (i) of paragraph (c) thereof the words " and supplemental "; (c) by omitting from subsection (3) from subparagraph (ii) of paragraph (c) thereof the words " and supplemental rolls " and inserting in their stead the word " roll "; and (d) by omitting from subsection (3) paragraph (e) thereof. 4. Amendment of s. 18 -Extraordinary vacancies . Section 18 of the Principal Act is amended by omitting from subsection (2) the last paragraph (being the paragraph commencing with the words " The provisions of subsection three ") and inserting in its stead the following paragraph:- " For the purpose of any such extraordinary election, the electoral roll for the electoral ward in question prepared pursuant to subsection (3) of section seventeen of this Act shall be amended so as to comprise the names of all electors entitled under the Elections Act to be added to such roll since the preparation thereof and thereafter up to and including a date seven clear days before the day of nomination for such extraordinary election.". 5. Amendment of s. 38-Ordinances. (1) Section 38 of the Principal Act is amended by omitting provisions (2) and (3) and inserting in their stead the following provisions:- (2) After a resolution for passing an ordinance has been agreed to by the Council, the Council shall deposit in the public office of the Council at the City Hall and thereafter keep open

170 City of Brisbane Act Amendment Act 1969, No. 26 for inspection thereat a copy of the ordinance until after the expiration of the date specified, in accordance with paragraph (b) of provision ( 2A) of this section , in the notice published pursuant to that provision. (2A) After the copy of the ordinance has been deposited in the public office of the Council in accordance with provision (2) of this section , the Council shall by advertisement publish a notice at least once in at least one newspaper printed and circulating in the City giving notice- (a) of the general purport of the ordinance; (b) that a copy of the ordinance has been deposited in the public office of the Council at the City Hall and is open to the inspection of any person at that office up to and including a date specified in the notice being a date that- (i) in the case of an ordinance to implement and to provide for , regulate and control the administration and execution of amendments of the Plan within the meaning of the City of Brisbane Town Planning Act 1964-1969 determined by the Council to be required upon any review made pursuant to subsection (2) of section 5 of the City of Brisbane Town Planning Act 1964- 1969, is not earlier than ninety days; (ii) in the case of an ordinance to implement and to provide for , regulate and control the administration and execution of the said Plan (other than an ordinance to which subparagraph ( i) of this paragraph (b) relates ) is not earlier than thirty days; (iii) in any other case , is not earlier than twenty - one days, after the date of the publication of the notice or, where the notice is published on different dates, the last of such dates; (c) that a copy of the ordinance may be procured from the Council on or before the date specified in the notice in accordance with paragraph (b) of this provision upon payment of such sum as the Council may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy which sum shall be specified in the notice; and (d) that objections to the passing of the ordinance may be lodged with the Town Clerk on or before the date specified in the notice in accordance with paragraph (b) of this provision , and that any such objection shall be in writing, be addressed to the Town Clerk and set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (2B) The copy of the ordinance deposited in accordance with the requirements of provision (2) of this section shall be open to the inspection of any person without charge at the public office of the Council at the City Hall up to and including the date specified , in accordance with the requirements of paragraph (b) of provision ( 2A) of this section, in the notice published in accordance with that provision at all times during which the public office is usually open for the conduct of business.

City of Brisbane Act Amendment Act 1969 , No. 26 171 (2c) Any person may at any time before the expiration of the day of the date specified in the notice published in accordance with the requirements of provision (2A) of this section on or before which a copy of the ordinance may be procured, request the Council to furnish him with a copy of the ordinance on payment of the sum specified in the said notice and the Council shall cause the copy so requested by any person to be sent by post to that person forthwith on the receipt of the request by the Council except where the request is made personally by or on behalf of the person so requesting and a copy of the ordinance has been, then and there , delivered to that person or , as the case may be to the person making the request on his behalf. (2D) Before confirming a resolution passing an ordinance, the Council shall consider each and every objection to the passing of the ordinance made and lodged with the Town Clerk in accordance with the notice published as prescribed by provision (2A) of this section. (2E) No resolution passing an ordinance shall be confirmed by the Council until after the expiration of the date specified in the notice published in accordance with provision (2A) of this section on or before which objections to the passing of the ordinance may be lodged with the Town Clerk. (3) After an ordinance has been sealed, it shall be submitted for the approval of the Governor in Council. In the case of an ordinance to implement and to provide for, regulate and control the administration and execution of the Plan within the meaning of the City of Brisbane Town Planning Act 1964-1969, it shall be so submitted within ninety days , or if the Minister who is hereby thereunto authorized allows a longer period , the period allowed by the Minister after the date specified in the notice published in accordance with provision (2A) of this section on or before which objections to the passing of the ordinance may be lodged with the Town Clerk. (3A) An ordinance submitted for the approval of the Governor in Council shall be accompanied by- (i) a copy of each advertisement published in accordance with provision (2A) of this section with the name of the newspaper in which the advertisement was published and the date on which the advertisement was published endorsed thereon; (ii) all objections to the passing of the ordinance duly made and lodged with the Town Clerk; and (iii) the representations by the Council in respect of all such objections. (3s) The Governor in Council shall consider every ordinance submitted for approval under this section and all objections and representations accompanying such ordinance and may reject the ordinance , or may approve of the ordinance wholly or in part. The power of the Governor in Council to approve an ordinance in part includes power to make all such amendments of the ordinance as the Governor in Council, having regard to the ordinance and to the objections and representations which accompanied the ordinance deems fit.

172 City of Brisbane Act Amendment Act 1969, No. 26 Where the Governor in Council approves of an ordinance, it shall be published in the Gazette and thereupon shall have the force of law in the City.". (2) Where prior to the commencement of the City of Brisbane Act Amendment Act 1969 the Council has commenced to make an ordinance under and pursuant to the provisions of section 38 of the Principal Act as in force immediately before the said commencement and a resolution for passing the ordinance has been agreed to by the Council, the Council may continue and complete the confirmation and sealing of the ordinance under and in accordance with those provisions which for that purpose shall be deemed to have force and effect. (3) The provisions of section 38 of the City of Brisbane Act1924-1969 shall not be applicable to an ordinance or ordinances to implement and to provide for, regulate and control the administration and execution of the Plan within the meaning of the City of Brisbane Town Planning Act 1964-1969 in accordance with amendments determined by the Council to be required upon the first review of the Plan made pursuant to subsection (2) of section 5 of that Act and such ordinance or ordinances may be passed, confirmed and sealed by the Council under and in accordance with the provisions of section 38 of the Principal Act as in force immediately before the commencement of this Act which provisions for that purpose shall be deemed to have force and effect.