City of Brisbane Act Amendment Act 1972 (Qld)

11 yucr.itzl2tu4 ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1972 An Act to Amend the Cityof BrisbaneAct 1924- 1969 in certain particulars and for other purposes [ASSENTED TO 7TH SEPTEMBER, 1972] 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 1972. (2) The City of Brisbane Act 1924-1969 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 Act1924-1972. 2. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in the definition " Election " omitting the words " Mayor and other ";

12 City of Brisbane Act Amendment Act 1972, No. 3 (b) omitting from the definition " Electoral District " the phrase The Electoral Districts Act of 1931 " " and inserting in its stead the phrase " the Electoral DistrictsAct1971 "; and (c) omitting the definition " The Minister " and inserting the following definition in its stead: " " The Minister "-The Minister for Local Government and Electricity or other Minister of the Crown for the time being charged with the administration of this Act.". 3. Repeal of and new s. 5. Section 5 of the Principal Act is repealed and the following section is inserted in its stead:- " 5. Composition of Council . On and from the conclusion of the triennial election of aldermen to be held in the year one thousand nine hundred and seventy-three, the City shall be governed by a Council consisting of twenty-one aldermen.". 4. Amendment of s; 7. Qualification of alderman . Section 7 of the Principal Act is amended by- (a) omitting from subsection (1) the words " as Mayor or "; and (b) omitting subsection (2). 5. Amendment of s. 8 . Disabilities . Section 8 of the Principal Act is amended by omitting from paragraph (b) of subsection (3) the phrase " (whether of the Mayor or an alderman other than the Mayor) ". 6. Amendment of s. 10 . When office is vacant . Section 10 of the Principal Act is amended by omitting subparagraph (v) of subsection (1). 7. Amendment of s. 12 . Members may be re-elected . Section 12 of the Principal Act is amended by omitting the words " Mayor or other alderman, if he is capable for the time being, under this Act, of being and continuing such Mayor or alderman " and inserting in their stead the words " alderman if he is capable for the time being, under this Act, of being and continuing such alderman". 8. Repeal of and new s. 13. Section 13 of the Principal Act is repealed and the following section is inserted in its stead:- " 13. Appointment of Mayor. (1) At the first meeting of the Council after the conclusion of each triennial election of aldermen, or at some adjournment thereof, the aldermen present shall appoint one of the aldermen to be Mayor who shall, subject to this Act, hold office until the conclusion of the next triennial election of aldermen. (2) Where twenty-one days after the day appointed for holding the first meeting of the Council after the conclusion of the triennial election have elapsed and no appointment of an alderman to be Mayor has been made, the Governor in Council may appoint an alderman to be Mayor and the alderman so appointed shall be deemed to have been duly appointed by the Council under subsection (1).

City of Brisbane Act Amendment Act 1972, No. 3 13 (3) Subject to subsection (4), at a meeting of the Council the aldermen present may appoint one of the aldermen to be Mayor in place of the Mayor then in office in which case the alderman so appointed shall assume office as Mayor and subject to this Act shall hold office until the conclusion of the next triennial election of aldermen. (4) A resolution for the appointment of one of the aldermen to be Mayor in place of the Mayor then in office shall not be passed by the Council unless notice of intention to move such resolution is given to each of the aldermen including the Mayor not less than seven days before the date of the meeting at which the resolution is to be moved. (5) The office of Mayor is vacated- (a) if the person holding such office ceases to hold office as alderman; (b) if the person holding such office resigns his office as Mayor by writing under his hand addressed to the Town Clerk (which resignation shall be complete and take effect from the time when it is received by the Town Clerk); or (c) another alderman is appointed to be Mayor under subsection (3).". 9. Repeal of and new ss . 14 and 14A . Sections 14 and 14A of the Principal Act are repealed and the following sections are inserted in their stead " 14. Present Council . (1) In this section the term " present Council " means Brisbane City Council as duly constituted and subsisting at the commencement of the City of Brisbane Act Amendment Act 1972. (2) The amendments made by the City of Brisbane Act Amendment Act 1972 to the City of Brisbane Act1924-1969 shall not affect the power or authority of the present Council, which shall continue, and which shall govern the City, until the conclusion of the triennial election of the aldermen next held after the commencement of the City of Brisbane Act Amendment Act 1972. (3) Every alderman (other than the Mayor) of the present Council shall continue to represent the electoral ward as constituted and as represented by him immediately before the commencement of the City of Brisbane Act Amendment Act 1972 until he dies, resigns his office, or his office as alderman is otherwise vacated, or the triennial election of the aldermen next held after the commencement of the City of Brisbane Act Amendment Act 1972 is concluded whichever first occurs. (4) If an alderman (other than the Mayor) of the present Council dies, resigns his office, or his office as alderman is otherwise vacated before the conclusion of the triennial election of the aldermen next held after the commencement of the City of Brisbane Act Amendment Act 1972 the Governor in Council shall by Order in Council determine whether or not the vacancy shall be filled.

14 City of Brisbane Act Amendment Act 1972, No. 3 (5) Where the Governor in Council determines that the vacancy shall be filled, the separate election for filling the vacancy shall be held for the electoral ward in which the vacancy has arisen as constituted immediately before the commencement of the City of Brisbane Act Amendment Act 1972. (6) If the Mayor of the present Council dies, resigns his office or his office is otherwise vacated before the conclusion of the triennial election of the aldermen next held after the commencement of the City of Brisbane Act Amendment Act 1972, the Vice Mayor shall, by virtue of his office , become the Mayor and subject to this Act he shall hold office as Mayor until the conclusion of the said triennial election and the Council shall forthwith appoint from amongst the other aldermen a person to be Vice Mayor who shall hold office as Vice Mayor until the conclusion of the said triennial election. (7) In determining the matter referred to in subsection (4), the Governor in Council shall have regard to- (a) the period between the date when a separate election for filling the vacancy could be held , and the date of the triennial election of the aldermen to be next held after the commencement of the City of Brisbane Act Amendment Act 1972; and (b) the practicability of preparing the electoral roll for and of conducting the separate election and the costs thereof having regard to the period referred to in paragraph (a). (8) The electoral roll containing the names of electors for an electoral ward as constituted immediately before the commencement of the ElectoralDistrictsAct1971 registered pursuant to the Elections Act up to the thirty-first day of December of the calendar year next preceding the date of such commencement, together with the names of all electors who , if that electoral ward had continued to be so constituted , would have been entitled under the Elections Act to be added, since that roll was prepared and thereafter up to and including a date seven clear days before the day of nomination for the separate election in question, to the roll of electors for the electoral ward as so constituted shall, with and subject to all corrections and erasures of or from that roll and additions thereto made pursuant to the Elections Act, be the roll of electors for the purposes of any separate election for that electoral ward held in accordance with the provisions of this section. (9) The making of and from any roll to which subsection (8) refers of any and every correction or erasure which could lawfully have been made thereof or therefrom pursuant to the ElectionsAct if the Electoral Districts Act1971 and the City of Brisbane Act Amendment Act 1972 had not been passed , is hereby authorised. (10) The Governor in Council may by Order in Council take and do all such steps and things as he deems necessary or convenient to provide .for, regulate and control the holding of any separate election to fill a vacancy referred to in subsection (5) including the prescribing of provisions for the appointment of a returning officer or for the preparation of the roll of the electors entitled to vote at such separate election.

City of Brisbane Act Amendment Act 1972, No. 3 15 (11) Section 18 applies subject to subsections (5) to (10), both inclusive, of this section. 14A. Electoral wards and election of aldermen therefor . (1) For the purposes only of the election of aldermen, the City shall, subject to this Act, be divided into twenty-one electoral wards. (2) One alderman shall be returned to the Council for each such ward. (3) The City shall be and is hereby divided into two Zones of representation as follows, that is to say: The North Brisbane Zone which shall comprise that portion of the City the boundaries whereof are set forth in Part I of Schedule II; The South Brisbane Zone which shall comprise that portion of the City more particularly described in Part II of Schedule II. (4) The North Brisbane Zone shall be divided into eleven electoral wards. (5) The South Brisbane Zone shall be divided into ten electoral wards. (6) Each Zone prescribed by this section shall be respectively completely distributed into the number of electoral wards prescribed therefor by this section before the date of the triennial election of the aldermen next to be held after the commencement of the City of Brisbane Act Amendment Act 1972. (7) After the completion of the distribution under subsection (6) one or both of the Zones prescribed by this section may, subject to this Act, respectively be completely or partially redistributed from time to time but any such complete or partial redistribution shall in respect of a particular Zone be so made that such Zone shall at all times be and remain divided into the number of electoral wards prescribed therefor by this section.". 10. New ss. 14B and 14C . The Principal Act is amended by inserting after section 14A as inserted by this Act the following heading and sections:- 11 FIRST DISTRIBUTION OF ELECTORAL WARDS 14B. Appointment of Commissioners . (1) For the purposes of the complete distribution, before the date referred to in subsection (6) of section 14A, of the two Zones prescribed by section 14A into the number of electoral wards respectively prescribed therefor by that section, three Electoral Commissioners shall be appointed by the Governor in Council by commission under his hand and seal. (2) One of the Commissioners shall be appointed chairman of the Commissioners. (3) Each Commissioner shall receive payment by way of salary or allowances, or both, as the Governor in Council thinks fit.

18 City of Brisbane Act Amendment Act 1972, No. 3 14H. Duty of Commissioners . It shall be the duty of the Commissioners appointed pursuant to section 14G to make, according as is specified by the commission appointing them, a complete or partial redistribution in the manner provided by this Act but they shall so make such complete or partial redistribution in respect of a Zone prescribed by section 14A that such Zone shall at all times be and remain divided into the number of electoral wards prescribed therefor by that section. 141. Fresh quotas. (1)- Where the North Brisbane Zone or the South Brisbane Zone prescribed by section 14A is affected by the redistribution to be made by the Commissioners appointed under section 14G, they shall ascertain a quota of electors in respect of the Zone and- (a) for that purpose the number of electors living in the Zone so affected shall be and be deemed to be the aggregate number of electors who, on the thirty-first day of December of the calendar year next preceding the date of the appointment of the Commissioners, were, pursuant to the Elections Act enrolled for all of the existing electoral districts and parts, if any, of electoral districts as constituted under the ElectoralDistrictsAct1971 which are within the boundaries of that Zone; and (b) subject to all such adaptations thereof as are necessary to give effect to the provisions of paragraph (a), section 14D shall apply and be observed accordingly by the Commissioners, the Principal Electoral Officer and all other persons concerned. (2) Subject to observing all other requirements of this Act, in making a complete or partial redistribution under this Act, consideration shall be given by the Commissioners to the matters specified in subsection (1) of section 14E. (3) Suggestions in writing with respect to a complete or partial redistribution under this Act may be lodged with the Commissioners not later than twenty-one days after the date of the appointment of the Commissioners under section 14G for the purpose of making the redistribution in question, and the Commissioners may consider suggestions so lodged. 14K. Existing Council . (1) Nothing in this Act shall affect the power or authority of the Council as duly constituted before and subsisting at the date of the appointment of Commissioners under section 14G to make a complete or partial redistribution under this Act, and the Council as so constituted shall continue, and shall govern the City, until the conclusion of the triennial election of the aldermen next held after the said date. (2) Every alderman of the Council, to which subsection (1) refers shall continue to represent the electoral ward as constituted and as represented by him immediately before the appointment of the Commissioners until he dies, resigns his office or his office as alderman is otherwise vacated or the triennial election of the aldermen next held after the said appointment is concluded whichever first occurs.

City of Brisbane Act Amendment Act 1972, No. 3 19 (3) If an alderman of the Council to which subsection (1) refers dies, resigns his office or his office as alderman is otherwise vacated, before the conclusion of the triennial election of the aldermen next held after the appointment of the Commissioners, the Governor in Council shall by Order in Council determine whether or not the vacancy shall be filled. (4) Where the Governor in Council determines that the vacancy shall be filled, the separate election for filling the vacancy shall be held for the electoral ward in which the vacancy has arisen as constituted immediately before the appointment of the Commissioners. (5) In determining the matter referred to in subsection (3) the Governor in Council shall have regard to- (a) the period between the date when a separate election for filling the vacancy could be held, and the date of the triennial election of the aldermen to be next held after the appointment of the Commissioners; and (b) the practicability of preparing the electoral roll for and of conducting the separate election and the costs thereof having regard to the period referred to in paragraph (a). (6) The electoral roll containing the names of electors for an electoral ward as constituted immediately before the appointment of the Commissioners registered pursuant to the Elections Act up to the thirty-first day of December of the calendar year next preceding the date of such appointment, together with the names of all electors who, so long as that ward continues to be so constituted are, or if that electoral ward had continued to be so constituted would have been, entitled under the Elections Act to be added, since that roll was prepared and thereafter up to and including a date seven clear days before the day of nomination for the separate election in question, to the roll of electors for that electoral ward as so constituted shall, with and subject to all corrections and erasures of or from that roll and additions thereto made pursuant to the Elections Act, be the roll of electors for the purposes of any separate election for that electoral ward held in accordance with the provisions of this section. (7) The making of and from any roll to which subsection (6) refers of any and every correction or erasure that could lawfully have been made thereof or therefrom pursuant to the ElectionsAct if Commissioners had not been appointed as aforesaid, is hereby authorized. (8) The Governor in Council may, by Order in Council, take and do all such steps and things as he deems necessary or convenient to provide for, regulate and control the holding of any separate election to fill a vacancy referred to in subsection (4) including the prescribing of provisions for the appointment of a returning officer or for the preparation of the roll of the electors entitled to vote at such separate election. (9) Section 18 applies subject to subsections (4) to (8), both inclusive, of this section.".

20 City of Brisbane Act Amendment Act 1972, No. 3 13. New ss. 14L, 14M and 14N. The Principal Act is amended by inserting after section 14K as inserted by this, Act the following heading and sections:- DISTRIBUTION AND REDISTRIBUTION-GENERAL 14L. Names of electoral wards. The Commissioners shall designate by name any and every electoral ward proposed by them but no name shall be adopted which is the name of an electoral district constituted under the Electoral Districts Act1971 that is wholly or partially comprised within the City. 14M. Notice of proposed distribution or redistribution. (1) The Commissioners shall cause to be prepared a map or maps showing the names and boundaries of each and every electoral ward proposed by them. (2) One and the same map may be so prepared in respect of all proposed electoral wards, or a group of two or more proposed electoral wards, or a particular proposed electoral ward. (3) The Commissioners shall (not later than a date to be fixed by Proclamation) cause to be publicly exhibited, in some conspicuous place at the City Hall and at every police station within a proposed electoral ward, a copy of the map showing that proposed electoral ward. (4) The Commissioners shall also cause to be prepared a statement showing- (a) the quota or, as the case may be, the respective quotas ascertained by them in respect of the Zone or Zones prescribed by this Act affected by the distribution or, as the case may be, complete or partial redistribution to be made by them; (b) the name of each and every electoral ward proposed by them showing every such name in relation to the Zone for which the electoral ward is proposed; (c) the approximate number of electors in each and every proposed electoral ward; and (d) the description of the boundaries of each and every proposed electoral ward. (5) The Commissioners shall (not later than the date fixed by Proclamation under subsection (3)) cause to be deposited at the City Hall and at every police station within a proposed electoral ward a copy of the statement prepared pursuant to subsection (4). (6) Where there is no police station within a proposed electoral ward the Commissioners shall cause a copy of the map and a copy of the statement to be publicly exhibited or, as the case requires, deposited within the time specified in that behalf at the police station that in the opinion of the Commissioners is nearest to the proposed electoral ward. (7) The map and statement shall thereupon, and for a period of twenty-one days thereafter, be available for inspection by any elector at all times during which the offices of the Council at the City Hall are, or the police station is, open for the transaction of public business.

City of Brisbane Act Amendment Act 1972, No. 3 21 14N. Objections . Objections or suggestions in writing with respect to any proposed electoral ward (whether proposed for the purposes of making a complete distribution under sections 14B to 14E both inclusive or a complete or partial redistribution under sections 14F to 14K both inclusive) may be lodged with the Commissioners not later than twenty-one days after the date fixed by Proclamation under subsection (3) of section 14M and the Commissioners shall consider all objections and suggestions so lodged before finally making such distribution or, as the case may be, redistribution.". 14. New ss. 140, 14P and 14Q. The Principal Act is amended by inserting after section 14N as inserted by this Act the following sections and heading:- " 140. Report by Commissioners . The Commissioners shall (not later than a date to be fixed by Proclamation) make and forward to the Minister a report upon the distribution or, as the case may be, the complete or partial redistribution made by them, setting out- (a) the quota or, as the case may be, the respective quotas ascertained by them in respect of the Zone or Zones prescribed by this Act affected by such distribution or, as the case may be, complete or partial redistribution; (b) the name of each and every electoral ward as determined by them showing every such name in relation to the Zone for which it has been so determined; (c) the approximate number of electors in each and every such electoral ward; (d) the description of the boundaries of each and every such electoral ward. 14P. Proclamation of electoral wards. (1) The names and boundaries of the electoral wards as determined by the Commissioners in their report to the Minister shall forthwith be proclaimed by Proclamation. (2) The electoral wards as determined by the Commissioners pursuant to the complete distribution made under this Act and as so proclaimed shall, but without affecting or limiting the provisions of section 14, be the electoral wards of the City, subject, however, to any later complete or partial redistribution made under this Act, and shall each return one alderman to the Council. (3) The electoral wards as determined by the Commissioners pursuant to any complete or partial redistribution made under this Act and as so proclaimed shall, subject to subsection (4) and without affecting or limiting the provisions of section 14K, be the electoral wards of the City for the purposes of the triennial election next held after such complete or partial redistribution shall have been made and for any triennial election, or separate election, held after the said triennial election, subject, however, to any later complete or partial redistribution made under this Act and shall each return one alderman to the Council.

22 City of Brisbane Act Amendment Act 1972, No. 3 (4) In the case of a partial redistribution under this Act, the existing electoral wards not affected thereby and the new electoral wards determined thereby shall together be the electoral wards of the City for the purposes of the triennial election next held after such partial redistribution shall have been made, and for any triennial election, or separate election, held after the said triennial election, subject, however, to any later complete or partial redistribution made under this Act and shall each return one alderman to the Council. (5) Any division by the Commissioners of the City or, in the case of a partial redistribution, any part of the City into electoral wards made or purporting to have been made pursuant to this Act shall, on the publication' of the Proclamation of the names and boundaries of the said electoral wards be final and conclusive, and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any court whatsoever. 14Q. Electoral rolls. (1) The Principal Electoral Officer shall compile an electoral roll of the electors in each and every electoral ward determined by Commissioners under this Act and proclaimed by the Governor and for that purpose there shall be, for each and every such electoral ward, rolls which shall be prepared under and in accordance with the requirements of this Act and the Elections Act, which shall apply and extend accordingly. (2) The first such roll for an electoral ward determined by Commissioners appointed under section 14B for the purpose of the first distribution of electoral wards and proclaimed by the Governor shall contain the names of electors registered under the Elections Act as living in an electoral district or districts or parts thereof comprised within that electoral ward on the thirty-first day of December next following the date of the appointment of those Commissioners. (3) The first such roll for an electoral ward determined by Commissioners appointed under section 14G for the purpose of making a complete or partial redistribution under this Act and proclaimed by the Governor shall contain the names of electors registered under the Elections Act as living in an electoral district or districts or parts thereof comprised within that electoral ward on the thirty-first day of December next following the date of the appointment of those Commissioners. (4) The preparation of any roll referred to in this section may be commenced by the Principal Electoral Officer as soon as conveniently may be after the proclamation by the Governor of the electoral ward for which that roll is to be compiled. (5) The Principal Electoral Officer is hereby empowered to issue such orders and give such directions as he may consider necessary or expedient for the purpose of the compilation in pursuance of this section of electoral rolls. Any such orders and directions shall have the force of law and shall be obeyed.

City of Brisbane Act Amendment Act 1972, No. 3 23 (6) The roll prepared in pursuance of this section for any electoral ward with all corrections of and erasures therefrom made under and pursuant to this Act and the Elections Act shall be the existing roll of electors for that ward within the meaning and for the purposes of this Act until a new roll of electors for that electoral ward has been prepared under and pursuant to this Act. (7) Section 17 applies subject to this section. TRIENNIAL ELECTIONS AND EXTRAORDINARY VACANCIES". 15. Repeal of s. 15. First election . Section 15 of the Principal Act is repealed. 16. Repeal of and new s. 16. Section 16 of the Principal Act is repealed and the following section is inserted in its stead:- " 16. Triennial elections . (1) A triennial election of the aldermen shall be held on the last Saturday in March, 1973, and thereafter in every third year on the last Saturday in March: Provided that, if in the year of any triennial election, 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. (2) At the triennial election to be held on the last Saturday in March, 1973, and at every triennial election thereafter, the whole number of aldermen shall be elected. (3) For the purposes of each election under this Act, whether a triennial election of aldermen or a separate election by the electors of an electoral ward to fill an extraordinary vacancy in the office of alderman for that ward- (a) the Town Clerk shall be the Chief Returning officer; and (b) subject to subsection (4) the Town Clerk shall by writing under his hand appoint a returning officer for each electoral ward into which the City is divided under this Act. (4) Save with the written permission of the Minister, a person who is not a returning officer for an electoral district comprised wholly or partially within the City shall not be eligible for appointment as returning officer under paragraph (b) of subsection (3) .". 17. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) omitting the first paragraph of subsection (1); (b) omitting the phrase " (other than the Mayor) " where that phrase occurs in the second paragraph of subsection (1); and (c) from subsection (3)- (i) omitting the words " Mayor and " where they appear in subparagraph (a); and

24 City of Brisbane Act Amendment Act 1972, No. 3 (ii) omitting subparagraphs (b) and (c) and inserting the following subparagraph in their stead:- (b) The electoral roll for an electoral ward- (i) shall consist of the names of all electors registered under the Elections Act as living in an electoral district or districts or parts thereof comprised within the electoral ward in question on the thirty-first day of December in the calendar year next preceding the calendar year in which the triennial election in question is to be held with all corrections of and erasures therefrom made under and pursuant to the Elections Act; (ii) shall be in the form prescribed therefor by the ElectionsAct subject to all necessary adaptations and shall be prepared by the Principal Electoral Officer at the cost and expense of the Council but in lieu of an electoral roll in that form, wherever practicable in the opinion of the Principal Electoral Officer, use may be made of the electoral roll or rolls (as compiled up to the thirty-first day of December in the calendar year next preceding the calendar year in which the triennial election in question is to be held) of the electoral district or districts wholly or partly comprised within the electoral ward in question with all corrections and erasures therefrom under and pursuant to the ElectionsAct and with such eliminations from or corrections in such electoral roll or rolls as are necessary in consequence of a part or parts of any electoral district in question not being comprised within the electoral ward in question.". 18. Amendment of s. 18 . Extraordinary Vacancies . Section 18 of the Principal Act is amended by- (a) omitting subsection (I) and inserting the following note to a section and subsections in its stead:- " Extraordinary Vacancies . (1) Where an extraordinary vacancy arises in the office of Mayor, the Council shall, at a special meeting called by the Town Clerk for the purpose and held within two weeks of the occurrence of the vacancy, appoint an alderman to be Mayor in his stead and the alderman so appointed shall, subject to this Act, hold office as Mayor until the conclusion of the next triennial election. (lA) If within the period prescribed by subsection (1) for the holding of the special meeting no appointment is made under that subsection, the Governor in Council may appoint an alderman to be Mayor and the alderman so appointed shall be deemed to have been appointed by the Council under subsection (1)."; (b) omitting from subsection (2) the phrase " (other than the Mayor) "; (c) by omitting from the last paragraph of subsection (2) the word extraordinary " (twice occurring) and inserting in its stead the word separate "; and

City of Brisbane Act Amendment Act 1972, No. 3 25 (d) omitting subsection (3) and inserting the following subsections in its stead:- " (3) Where an extraordinary vacancy arises in the office of Vice Mayor, the Council shall, at a special meeting called by the Town Clerk for the purpose and held within two weeks of the occurrence of the vacancy, appoint an alderman (other than the Mayor) to be Vice Mayor in his stead and the alderman so appointed shall, subject to this Act, hold office as Vice Mayor until the conclusion of the next triennial election. (4) If within the period prescribed by subsection (3) for the holding of the special meeting, no appointment is made under that subsection, the Governor in Council may appoint an alderman to be Vice Mayor and the alderman so appointed shall be deemed to have been appointed by the Council under subsection (3).". 19. Repeal of and new s. 19. Section 19 of the Principal Act is repealed and the following section is inserted in its stead:-- " 19. Governor in Council may appoint alderman . If at the time prescribed or appointed for holding an election of an alderman for an electoral ward- (a) no candidate has been nominated for the office; or (b) no election is held, the Governor in Council may appoint a person qualified under section 7 to be an alderman to fill the office for the filling of which the election was prescribed or appointed to be held, and every person appointed an alderman under this section shall be deemed as from the date of his appointment to have been duly elected at an election for the electoral ward in respect of which he was appointed.". 20. Repeal of and new s. 20. Section 20 of the Principal Act is repealed and the following section is inserted in its stead:-- " 20. Conclusion of elections . (1) A triennial election of the Council shall be concluded when the names of the aldermen elected are published in the Gazette, and on such publication the aldermen so elected shall assume office. (2) The aldermen in office immediately before the day prescribed or appointed for the holding of a triennial election shall hold and continue to hold office as aldermen until the conclusion of the triennial election.". 21. New Schedule II. The Principal Act is amended by inserting after Schedule I the following Schedule:- SCHEDULE II [s. 14A PART I Boundaries of the North Brisbane Zone Commencing on low-water mark of the shore of Moreton Bay at the mouth of the Pine River, and bounded thence by that river, the South Pine River and Albany Creek upwards to the north boundary of portion 48, parish of Bunya, by the north, west, and south boundaries of that portion, by the east and south boundaries of portion 602, parish of Kedron, by western boundaries of portions 604, 593, and 595, by the south-east boundaries of sections 10, 9, and 8, town of Bunyaville, by the-

26 City of Brisbane Act Amendment Act 1972, No. 3 north-east and east boundaries of portion 5, parish of Bunya, to Kedron Brook, by that brook upwards to portion 81A, parish of Samford, by the east and south boundaries of that portion, by the south boundaries of portions 82A and 111, by the east boundaries of portions 85v and 86, by the south boundary of portion 86 and a line west to portion 109, by the south-east and south boundaries of that portion, by the east boundary of portion 91, by the northern and western boundaries of R. 309 to D'Aguilar Range, by that range, forming the western boundaries of the parishes of Samford, Indooroopilly, and Moggill south-easterly to the north-east corner of portion 15v, parish of Kholo, by the north- eastern and eastern boundaries of that portion, by the east boundary of portion 62, by the north-east boundary of portion 106, by the north-east, east, and south boundaries of portion 93 to Kholo Creek, by that creek and the Brisbane River downwards to Moreton Bay; and by low-water mark thereof north-westerly to the point of commencement and excepting land lying below high-water mark on the bank of the Brisbane River and of any other river, creek, or stream within the Zone. PART 11 The South Brisbane Zone All that portion of the City that is not comprised in the North Brisbane Zone.". 22. Ratification of Rules. The rules made or purporting to have been made pursuant to the provisions of section 23 of The City of Brisbane Acts 1924 to 1967 and approved or purporting to have been approved by the Governor in Council on the sixteenth day of October, 1969 (a copy of the said rules being set out in Part I of the Schedule) and the rules varying the said rules made or purporting to have been made pursuant to the provisions of section 23 of the City of Brisbane Act1924-1969 and approved or purporting to have been approved by the Governor in Council on the twenty-ninth day of June, 1972 and published in the Government Gazette of the first day of July, 1972 at pages 1152-3 and tabled in the Legislative Assembly on the eighth day of August, 1972 (a copy of the said rules being set out in Part II of the Schedule) are hereby approved, ratified, confirmed and validated and the rules first-mentioned in this section shall be deemed to have been in force on and from the day of the approval or purported approval thereof by the Governor in Council but subject, as from the date of any amendment or purported amendment thereof by the rules secondly mentioned in this section, to that amendment or purported amendment and the rules secondly mentioned in this section shall be deemed to have been in force on and from the said first day of July and any such rule shall remain in full force until it is repealed, rescinded, varied or amended pursuant to the powers contained in the Principal Act as amended by this Act. THE SCHEDULE [s. 22 PART I Rules with respect to the establishment and variation from time to time of a Superannuation Scheme for the benefit of persons who after such establishment have held the office of mayor or alderman and their dependants adopted by resolution of Brisbane City Council made on the fifth day of August , 1969, pursuant to the provisions of section 23 of The City of Brisbane Acts 1924 to 1967.

City of Brisbane Act Amendment Act 1972, No. 3 27 1. In these rules unless the context otherwise indicates or requires the following terms shall have the meanings respectively assigned to them that is to say- " The Council "- Brisbane City Council. " Member "-The mayor or aldermen for the time being holding office as such with the Council at and after the establishment of the Scheme. " The Rules " - these rules and / or any other rules for the time being in force in respect of the Scheme. " Salary " - in relation to a member means the official salary payable to him as such member. " The Scheme "- The Superannuation Scheme established and kept by Brisbane City Council to which these rules apply. " Trustee "-a trustee of the Scheme. " Widow "-includes a widower. 2. The Scheme . (1) The name of the Scheme shall be " The Brisbane City Council Aldermanic Superannuation Scheme ". (2) The Scheme shall commence and come into operation on the day of the next periodical payment of the salary of the members immediately following the date of the Governor in Council's approval to the Scheme. The Scheme shall apply to the mayor and all aldermen holding office as such with the Council at the date of commencement of the Scheme and also to such other mayor and aldermen as shall thereafter for the time being hold office as such with the Council. (3) The Scheme shall consist of- (a) Contributions paid by members under these Rules. (b) Moneys paid into the Scheme by the Council under these Rules. (c) All interest and other income earned by the investment of the funds of the Scheme or any part thereof. (4) The Scheme shall be vested in and managed by the trustees. (5) The Council may make available to the trustees the services of one or more of its officers for the purpose of assisting the trustees in the administration of these Rules. (6) The trustees may invest the funds of the Scheme or any part thereof- (a) in any securities of or guaranteed by the Government of The Commonwealth or the State. (b) on deposit with the Reserve Bank of Australia or with any authorised approved dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort.

28 City of Brisbane Act Amendment Act 1972, No. 3 (c) in such other investments as the trustees in their absolute discretion shall think fit: Provided that the trustees shall not make any investment to which this subparagraph (c) applies whereby the aggregate of the investments made under the authority of this subparagraph would be increased to more than forty per centum of the total of all then subsisting investments made under the authority of this subparagraph and provided further that no investment to which the said subparagraph (c) applies shall be made by the trustees for at least two years from the date of commencement of the Scheme. (7) Once at least in every period of three years, commencing on and from the date of commencement of the Scheme the trustees shall cause the assets and liabilities of the Scheme to be valued and reported on by an actuary approved by the trustees. 3. Trustees of Scheme . (1) There shall be three trustees of the Scheme who shall comprise the Town Clerk or in his absence the Acting Town Clerk for the time being of the Council and two Aldermen, one to be elected by the political party having the majority for the time being in the Council and the other by the political party for the time being having the next greatest number of representatives in the Council. (2) The trustees shall have the power to take, hold, deal in and dispose of property of all kinds. (3) If for any reason the Town Clerk of the Council or either of the said Aldermen who for the time being are trustees shall cease to hold office as Town Clerk or Alderman, he or they shall ipso facto relinquish the office of trustee. (4) Meetings of the trustees shall be held at such times and shall be conducted in accordance with such procedure as the trustees shall from time to time determine. The decision of any two trustees at a meeting duly notified to all of the trustees shall be binding. (5) A trustee may in writing appoint a person to be his deputy and may from time to time revoke any such appointment and appoint another person to be his deputy. (6) A deputy shall, in the event of the absence from any meeting of the trustees or the trustee for whom he is the deputy, have all the powers of that trustee during his absence. 4. Accounts and Audit . (1) The trustees shall keep complete and proper accounts of all their financial transactions. (2) In each financial year the accounts of the trustees shall be audited by the Chief Accountant of the Department of Finance of the Council and copies of the accounts shall be laid before the Council.

City of Brisbane Act Amendment Act 1972, No. 3 29 5. Payments out of and into the Scheme . (1) Upon each periodical payment of the salary of a member there shall be deducted from the amount payable to him- (a) where the payment is made at fortnightly intervals the sum of Sixteen dollars ($16.00) or (b) where the payment is made at other intervals-a sum at the rate equal to Sixteen dollars ($16.00) per fortnight, and every member shall contribute to the Scheme accordingly. (2) By and subject to the prior direction of the Council made by resolution, the Chief Accountant of the Department of Finance of the Council shall cause to be paid into the Scheme- (a) Not later than fourteen (14) days after the end of each calendar month a sum equal to the contributions paid or payable during that month under subparagraph (1) of this rule. (b) In respect of each financial year such additional sum as an actuary approved by the trustees certifies from time to time to be necessary in order to,make proper provision for payment out of the Scheme of benefits under these rules. (c) In respect of each financial year such sum as when added to the income from investments accrued to the Scheme during the year in question will provide an earning rate of not less than five and a half per centum per annum such rate to be determined by dividing one hundred times the income from investments accrued to the Scheme in that year by the average of investible moneys in the Scheme in that year less one half of the income from investments accrued to the Scheme in that year. (3) Payments to be made under these rules by the Council into the Scheme shall be paid from the City Fund. (4) Annuities and refunds of contributions payable under and in pursuance of these rules shall be paid out of the Scheme. The cost of the administration of the Scheme shall be paid out of the Scheme. 6. Members Annuities . (1) Subject to these rules any member who- (a) has served as a member for at least eight and one half years, and (b) has ceased to be a member, and (c) has ceased to be entitled to payment of salary, and (d) paid into the Scheme contributions amounting to not less than Four hundred dollars ($400.00), and (e)- (i) has attained the age of sixty years, or (ii) has attained the age of fifty-five years and has served as a member for at least twenty years, or (iii) has served as a member for at least eleven and one half years and has complied with Rule 13 of these rules, or (iv) has complied with Rule 13 of these rules and has attained the age of fifty years, or

30 City of Brisbane Act Amendment Act 1972, No. 3 (v) subject to proof of his entitlement and the continuance of his entitlement thereto as prescribed by Rule 9 of these rules, shall be entitled to an annuity under these rules. (2) In computing the length of a member's service as a member for the purpose of determining his right to annuity, the following rules shall be observed- (a)- (i) Every member shall be deemed to commence his service on and from the day for taking the poll appointed in the writ for the election at which he is elected. (ii) Every member continuing as such until the termination by effluxion of time of a Council shall notwithstanding the expiration thereof be deemed to continue his service to and including the day next preceding the day for taking the polls named in the writs for the triennial election of members to serve in the next succeeding Council duly elected. (iii) Every member whose service in a Council is terminated for any reason whatsoever before that Council shall have terminated by effluxion of time shall be deemed to serve until the date when his service is so terminated and no longer. (b) Subject to paragraph (a) of subparagraph (2) of Rule 6 of these rules the actual period during which a member is Mayor and/or Alderman shall be regarded as service for the purposes of these rules. (c) Service before or after the coming into force of these rules of members holding office of Mayor or Alderman at the date of the commencement of the Scheme or at any subsequent time shall be taken into account. (d) Broken periods of a member's service shall be aggregated and credited to the member. 7. Right of Member under fifty years of age to annuity . Subject to these rules a person who has ceased to be a member before attaining the age of fifty years and who has complied with the requirements of paragraphs (a), (b), (c) and (d) of subparagraph (1) of Rule 6 of these rules and of Rule 13 of these rules but who has not continued as a member for at least twelve (12) years shall, on attaining the age of fifty years be entitled to an annuity under these rules. 8. Right of Member failing to comply with Rule 13 . Subject to these rules a person who has ceased to be a member before attaining the age of sixty years and who has complied with the requirements of paragraphs (a), (b), (c) and (d) of subparagraph (1) of Rule 6 of these rules shall notwithstanding that he has not complied with the requirements of Rule 13 of these rules be entitled to an annuity under these rules- (a) on attaining the age of sixty years or (b) in the case of a person who has served as Lord Mayor and/or an Alderman for at least twenty (20) years, on attaining the age of fifty-five years.

City of Brisbane Act Amendment Act 1972, No. 3 31 9. Right of Member to annuity upon incapacity . (1) Subject to these rules a person who- (a) has complied with paragraphs (a), (b), (c) and (d) of subparagraph (1) of Rule 6 of these rules; and (b) by reason of physical or mental incapacity proof whereof and of the continuance whereof has been wade to the satisfaction of the trustees by the certificate of a medical officer approved by the trustees, is incapacitated, in the opinion of the trustees, from earning a reasonable livelihood, shall be entitled to an annuity under these rules. (2) A person to whom this Rule applies shall when and so often as he is thereunto required by the trustees, (or in any event at intervals of not longer than three years) prove to the satisfaction of the trustees, by the certificate of an approved medical officer, that, at the time in question, he is continuing to be incapacitated as specified in this Rule. (3) Upon the failure of a person to prove continuing incapacity as prescribed by this Rule his entitlement to annuity under this Rule shall cease, but without prejudice to his right to again prove such entitlement at any later time. (4) This Rule applies so as not to prejudice or affect the entitlement, under any other provisions of these Rules, of a person to an annuity under these Rules. 10. Commencement of annuity . Every annuity payable under and in pursuance of these rules shall, subject as hereinafter provided in this rule, accrue as from the day following the day when the member completes compliance with the requirements of paragraphs (a), (b), (c) and (d) and as regards his age (e) of subparagraph (1) of Rule 6 of these rules and subject to these rules shall be payable during the life of the annuitant: Provided that, in the case of a member required to comply with Rule 13 of these rules, annuity shall not so accrue unless he complies with that rule or, if he fails to comply with that rule, until the day following the day when he attains the age of sixty years. 11. Rate of annuity . The rate of annuity benefit payable under and in pursuance of these rules in respect of service as Mayor and/or an Alderman shall depend on the length of that service as follows:- (a) in respect of service of eight and a half years or longer but not exceeding eleven and a half years' service annuity benefit shall be computed at the rate of thirty dollars a week; (b) in respect of service as Mayor and/or an Alderman exceeding eleven and a half years but not exceeding fourteen and a half years' service annuity benefit shall be computed at the rate of thirty-five dollars a week; (c) in respect of service as Mayor and/or an Alderman exceeding fourteen and a half years' annuity benefit shall be computed at the rate of forty dollars a week.

32 City of Brisbane Act Amendment Act 1972, No. 3 12. Bonuses on annuities . Where upon any periodical valuation of the assets and liabilities of the Scheme made pursuant to subparagraph (7) of Rule 2 of these rules, the actuary reports to the trustees an actuarial surplus the amount of such surplus shall be dealt with or distributed by the trustees in accordance with the recommendations of the actuary from time to time. 13. Conditions precedent to annuity . (1) A member under the age of sixty years or if he has served as Mayor and/or an Alderman for at least twenty years, under the age of fifty-five years who resigns before the expiration of his term of office as Mayor and/or Alderman shall not thereupon (or if he has not served as, Mayor and/or an Alderman for at least twelve years and is then under the age of fifty years upon attaining that age) be entitled to an annuity unless, in addition to complying with the other requirements of Rule 6 of these rules- (i) he stands for re-election and is defeated; or (ii) being a representative of a recognised political party he does not stand for re-election by reason that such party has not selected him to so stand; or (iii) he proves, by the production to the trustees of evidence of a qualified medical practitioner or practitioners satisfactory .to them, that he is incapacitated by ill-health or otherwise from continuing as a member or, as the case may be, standing for re-election; or (iv) he satisfies the trustees that there are other good and substantial reasons why he should resign and should not seek re-election or, as the case may be, why he should not seek re-election; or (c) He proves his entitlement and the continuation of his entitlement thereto as prescribed by Rule 9 of these rules. (2) This rule shall not affect the time at which any annuity accrues. 14. Payment of minimum contribution entitling to annuity. If a person who has ceased to be a member is otherwise qualified for an annuity under these rules, but has not paid into the Scheme by way of contributions at least four hundred dollars, he may, subject as hereinafter provided, pay into the Scheme such sum as is necessary to bring his contributions up to that amount: Provided that in the case of a person under the age of fifty years payment as aforesaid shall be made not later than one year after the date upon which he has ceased to be a member or, if the trustees are satisfied that there are good and substantial reasons why the time for payment as aforesaid should be extended within the extended time allowed by the trustees. 15. Widows of annuitants and qualified members. (1) On the death while in receipt of an annuity under and in pursuance of these rules of any person, there shall be paid to his widow during her life an annuity at a weekly rate equal to two-thirds of the weekly rate of her husband's annuity: Provided that where the annuitant married after he ceased to be a member, his widow shall not be entitled to an annuity on his death.

City of Brisbane Act Amendment Act 1972, No. 3 33 (2) On the death after attaining the age of fifty years of a person who has ceased (whether before or after attaining the age of fifty years) to be a member after not less than eight and one half years' service as Mayor and/or Alderman but who is not entitled to an annuity under and in pursuance of these rules by reason only of his failure to comply with the requirements of Rule 13 of these rules, then subject to Rule 19 of these rules there shall be payable to his widow during her life an annuity at a weekly rate equal to two-thirds of the weekly rate appropriate to the length of service of her husband, which annuity shall, notwithstanding that her husband has not complied with the requirements of Rule 13 of these rules, accrue as from the day following the day of his death: Provided that where such person married after he ceased to be a member, his widow shall not be entitled to an annuity on his death. (3) On the death before attaining the age of fifty years of a person who has ceased to be a member before attaining that age but after not less than eight and a half years' service, then, subject to Rule 19 of these rules there shall be payable to his widow during her life an annuity at a weekly rate equal to two-thirds of the weekly rate appropriate to the length of service of her husband as Mayor and/or an Alderman which annuity shall, notwithstanding that her husband died before attaining the age of fifty years, accrue as from the day following the day of his death: Provided that where such person married after lie ceased to be a member, his widow shall not be entitled to an annuity on his death. (4) Where a member dies after not less than eight and a half years' service as Mayor and/or an Alderman and leaves a widow, there shall be paid to the widow during her life an annuity at a weekly rate equal to two-thirds of the weekly rate appropriate to the length of service of her husband. (5) Annuity shall be payable to a widow under this rule notwithstanding that her husband was under fifty years of age at the time of his death and that his total contributions to the Scheme were less than four hundred dollars. In every such case the widow shall not be obliged in order to obtain an annuity, to pay into the Scheme the amount by which the contributions paid by the husband fall short of four hundred dollars. (6) Annuity payable to a widow under and in pursuance of this rule shall cease of her remarriage. 16. Payments to children . (1) Subject to this rule, if any- (a) member; (b) person who has ceased to be a member before his death, and who, at the time of his death, is in receipt of an annuity under this Scheme or save for Rule 18 of these rules would be in receipt of an annuity under this Scheme; or (c) person who has ceased to be a member before his death and in respect of whose widow, if he were survived by a widow to whom he was married before he ceased to be a member, an annuity would be payable pursuant to subparagraphs (2) or (3) of Rule 15 of these rules, dies leaving any child or children under the age of eighteen years, the trustees may, in their absolute discretion, make from the Scheme payment in respect of such child or children. 2

34 City of Brisbane Act Amendment Act 1972, No. 3 (2) The trustees shall not make any payment from the Scheme- (a) in respect of any child or children of a deceased member or person in respect of any period for which an annuity is payable in respect of the widow of such member or person or, where annuity under this Scheme has ceased to be payable to the widow of such member or person by reason of her remarriage, during her lifetime; or (b) in respect of any child, in respect of any period after the child has attained the age of eighteen years. (3) The rate or aggregate of the rates of payment from the Scheme in respect of any child or children shall not exceed the rate of the annuity under these rules which would be payable to the widow of the deceased member or person in question if she were alive and entitled to such annuity. (4) Payment from the Scheme under this rule shall not be made in respect of the child or children the issue of a marriage contracted by a person after he ceased to be a member. (5) Payment under this rule in respect of any particular child or children may be made as determined from time to time by the trustees and either to the guardian or, if deemed necessary or expedient by the trustees for the better maintenance, support or education of such child or children, in whole or in part to such person as the trustees determine. The trustees shall not be under any obligation or duty to inquire into or see to the proper application of any moneys paid from the Scheme under this rule. 17. Payment to female dependant . (1) At any time when a member, or person who has ceased to be a member, who has no spouse in contributing to the Scheme as prescribed by subparagraph (1) of Rule 5 of these rules, such member or person may notify in writing the trustees- (a) that he has no spouse; and (b) that a female member of his family who is his mother, sister or daughter is his housekeeper and is being totally or mainly maintained by him. (2) Upon the death of any- (a) member; (b) person who has ceased to be a member before his death and who, at the time of his death, is in receipt of an annuity under this Scheme or save for Rule 18 of these rules would be in receipt of an annuity under this Scheme; or (c) person who has ceased to be a member before his death and in respect of whose widow, if he were survived by a widow to whom he was married before he ceased to be a member an annuity would be payable pursuant to subparagraphs (2) or (3) of Rule 15 of these rules; who has given to the trustees as required by subparagraph (1) of this rule the notice prescribed by that subparagraph, then, subject to subparagraphs (3) and (4) of this Rule, the provisions of these Rules shall apply with respect to the female named in such notice as if she were the widow of the deceased member or person in question and, in the latter case, as if she had married him before he ceased to be a member.

City of Brisbane Act Amendment Act 1972, No. 3 35 (3) The provisions of these rules shall not apply as prescribed by subparagraph (2.) of this rule unless in respect of the female in question the trustees are satisfied that- (a) at the time when the notice mentioned in subparagraph (1) of this rule was given to the trustees and continuously thereafter until the date of death of the deceased member or person she was a member of his family and his housekeeper and was totally or mainly maintained by him; and (b) during a period or periods of or aggregating not less than five years during which the deceased member or person was a contributor to the Scheme as prescribed by subparagraph (1) of Rule 5 of these rules she was a member of his family and his housekeeper and was totally or mainly maintained by him. (4) The trustees shall set off against annuity payable tinder this rule in respect of any period any payment from the Scheme made under Rule 16 of these rules in respect of that period to any child or children of the deceased member or person in question. 18. Reduction of annuity in certain cases . (1) If a person (including a widow) who is receiving or is entitled to receive an annuity under this Scheme- (a) holds any office or place of profit under the Crown, whether in Queensland or elsewhere, for which he is remunerated or entitled to be remunerated out of moneys of the Crown; or (b) is in receipt of, or is entitled to receive, a pension received or receivable by him by reason of having been a member of any such Parliament or having held any such office; or (c) is in receipt of or is entitled to receive a pension received or receivable by her by reason of being a widow of a member of any such Parliament or of a person who has held any such office, the following consequences shall ensue, namely:- (i) if the salary or pension received by the said person or to which the said person is entitled as mentioned in paragraphs (a), (b) or (c) and (d) of this rule is at a rate equal to or greater than his annuity under this Scheme, annuity under this Scheme shall not be payable so long as he receives or is entitled to receive the salary or pension firstmentioned; (ii) if the salary or pension firstmentioned is at a rate less than that of his annuity under this Scheme, the rate of his annuity under this Scheme shall be reduced by the rate of the salary or pension firstmentioned. (2) Subparagraph (1) of this rule shall not apply to or in relation to the receipt by any person (including any widow)- (a) Of any pension- (i) payable by reason of that person (or, in the case of any widow, that widow or her deceased husband) having served with a Naval, Military, or Air Force of the Commonwealth, or of the United Kingdom or of any other part of Her Majesty's dominions; or (ii) payable, in the case of any widow, by reason of that widow having served in any capacity with or with any service forming part of any such Naval, Military, or Air Force, including service as medical practitioner, or nurse, or masseuse, or otherwise; or

36 City of Brisbane Act Amendment Act 1972, No. 3 (b) Of remuneration payable to him or her as an officer or member of any such Naval, Military, or Air Force where such remuneration is solely comprised of daily pay and he or she is not employed permanently or at an annual salary as such officer or member. 19. Refunds on retirement to member not entitled to an annuity. (1) Where a person has ceased to be a member but has not complied with the requirements of these Rules entitling him to an annuity hereunder, he shall be entitled to receive a refund of his contributions together with simple interest thereon at the rate of three and one-half per centum per annum : Provided that where he was under fifty years of age when he ceased to be a member a refund as aforesaid shall not be made unless he makes application in writing therefor within three months (or such longer period as the trustees may allow) after he ceased to be a member. (2) Where a person whose contributions have been refunded under this rule subsequently becomes a member- (a) he shall within three months after his re-election (or within such extended period as the trustees, being satisfied that reasonable cause for so doing exists, shall allow) repay into the Scheme the amount (including any interest) refunded to him; and (b) the period in respect of which the refunded contributions were paid shall be counted as service for the purposes of these rules. (3) Where contributions are refunded to any person under this rule neither that person, nor in the event of his death, his widow shall become or be eligible for annuity under this Scheme unless that person subsequently again becomes a member and complies with paragraph (a) of subparagraph (2) of this rule. If thereafter he subsequently ceases to be a member his right and, in the event of his death, the right of his widow, if any, to an annuity under this Scheme shall be determined in relation to his lastmentioned cesser of membership and paragraph (b) of subparagraph (2) of this rule shall apply accordingly. 20. Refunds to widows of members with less than eight and one-half years ' membership . Where a member dies while still a member after having less than eight and one half years' service as Mayor and/or an Alderman, there shall be paid to his widow, if he leaves a widow, or to his personal representatives, if he is not survived by a widow, the amount of the contributions made by him together with simple interest thereupon at the rate of three and one half per centum per annum. 21. Refund on death of member before or after retirement . (1) Where a member dies after not less than eight and one half years' service as Mayor and/or an Alderman, and is not survived by a widow, there shall be paid to his personal representatives the amount of the contributions made by him together with simple interest thereon at the rate of three and one half per centum per annum.

City of Brisbane Act Amendment Act 1972, No. 3 37 (2) Where a person who has ceased to be a member after not less than eight and one half years' service as Mayor and/or an Alderman- (a) dies before the date on which an annuity accrues to him under this Scheme; and (b) either is not survived by a widow, or leaves him surviving a widow who is not entitled to an annuity under this Scheme, there shall be paid to his widow, if he leaves a widow, or to his personal representatives, if he is not survived by a widow, the amount of the contributions made by him together with simple interest thereon at the rate of three and one half per centum per annum. (3) Subparagraphs (1) or (2) of this rule do not apply to a deceased member or person who is survived by a child under the age of eighteen years in respect of whom the trustees may make payment from the Scheme under Rule 16 of these rules. 22. No refunds except where expressly provided . Except as expressly provided under these rules, refunds of contributions. shall not be made. 23. Payment of annuities . (1) Annuities under this Scheme shall be payable in fortnightly instalments. (2) Annuities under this Scheme shall be apportionable in point of time. 24. Annuities not assignable . Annuities and other rights under this Scheme shall not be assigned or charged or pass by operation of law. 25. Variation or amendment of Rules. The Council may from time to time by resolution and with the approval of the Governor-in-Council vary all or any of these rules and may make additions thereto or deletions therefrom. 26. Proof of age. A person on becoming a member and the husband or wife or children of such member shall produce to the trustees for inspection a certificate of birth or such other evidence of age as the trustees may require. PART 11 Department of Local Government, Brisbane, 29th June, 1972. THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council, and in pursuance of the provisions of the City of Brisbane Act1924-1969, has been pleased to approve of the following Rules made by Brisbane City Council. H. A. McKECHNIE. The Rules with respect to the establishment and variation from time to time of a Superannuation Scheme for the benefit of persons who after such establishment have held the office of Mayor or Alderman and their dependants adopted by resolution of Brisbane City Council made on the fifth day of August, 1969, and approved by the Governor in Council on the 16th October, 1969; pursuant to the provisions of section

38 City of Brisbane Act Amendment Act 1972, No. 3 23 of the City of Brisbane Act1924-1969 are hereby varied by the following Rules made by the Council by resolutions passed on the third day of February, 1970, the seventh day of December, 1971, and the thirteenth day of June , 1972, pursuant to the provisions of the said section:- 1. Rule 2 is amended by- (i) Omitting paragraph ( 3) and inserting in its stead the following paragraph:- (3) The Scheme shall consist of- (a) Such an initial sum as an Actuary approved by the Council may report to the Council to be necessary for the Council to contribute in order to make ' proper provision at the commencement of the Scheme for the payment of annuities under the Scheme; The initial sum may be paid by instalments over a period of not more than ten years with interest accruing at the rate of five and a-half per centum per annum; (b) Contributions paid by members or deducted from the salaries of members under these Rules; (c) Moneys paid into the Scheme by the Council from time to time under these Rules; (d) All moneys howsoever arising by reason of investment of the funds of the Scheme."; and (ii) Omitting subparagraph (b) of paragraph (6) and inserting in its stead the following subparagraph:- (b) On deposit with Commonwealth Trading Bank , Commonwealth Savings Bank or Reserve Bank of Australia or with any authorised approved dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort." 2. Rule 5 is amended by- (i) In subparagraphs ( a) and ( b) of paragraph ( 1) omitting the words, figures and symbols " Sixteen dollars ($ 16.00) " where they twice occur and inserting in their stead the words, figures and symbols " Twenty-four dollars ($24.00) "; (ii) Omitting subparagraph ( c) of paragraph ( 2) and inserting in its stead the following subparagraph:- (c) t I o n : r - espect of each financiaIl year such sum as when added (i) Interest or dividends from investments accrued to the Scheme during the year in question; and (ii) Capital gains ( less capital losses ) resulting from the revaluation , sale or redemption of investments and credited to the Scheme during the year in question, will provide an earning rate of not less than five and one-half per centum per annum."; and (iii) Adding the following subparagraph after subparagraph (c):- (d) For the purpose of subparagraph (c) of paragraph 2 of this Rule, the earning rate shall be determined by dividing one hundred times the interest or dividends from investments accrued to the Scheme in the year in question and capital gains ( less capital losses ) resulting from the revaluation, sale

City of Brisbane Act Amendment Act 1972. No. 3 39 or redemption of investments and credited to the Scheme during the year in question by the average of the investible moneys in the Scheme in that year less one-half of the said interest or dividends and capital gains ( less capital losses) accrued to the Scheme in that year." 3. Rule 6 is amended by- (i) Omitting the words, figures and symbols `` Four hundred dollars ($400.00 ) " in subparagraph ( d) of paragraph ( 1) and inserting in their stead the words, figures and symbols " Six hundred dollars ($600.00) "; and (ii) Omitting the word " twenty " in subparagraph (e) (ii) of paragraph ( 1) and inserting in its stead the words " nineteen and one-half ". 4. Rule 7 is amended by omitting the words, figures and symbols " twelve (12) " and inserting in their stead the words, figures and symbols " eleven and one -half (111)". 5. Rule 8 is amended by omitting in subparagraph (b) the words, figures and symbols " twenty (20) " and inserting in their stead the words, figures and symbols " nineteen and one -half (191) ". 6. Rule 11 is amended by- (i) Omitting in subparagraph ( a) the words " thirty dollars " and inserting in their stead the words, figures and symbols " forty-five dollars ($45.00) "; (ii) Omitting in subparagraph (b) the words " thirty-five dollars " and inserting in their stead the words, figures and symbols " fifty-two dollars fifty cents ($52.50) "; and (iii) Omitting in subparagraph ( c) the words ". forty dollars " and inserting in their stead the words, figures and symbols " sixty dollars ($60.00) ". 7. Rule 12 is omitted and the following Rule inserted in its stead:- "BONUSES ON ANNUITIES 12. Where upon any periodical valuation of the assets and liabilities of the Scheme made pursuant to paragraph (7) of Rule 2 of these Rules the Actuary reports to the Trustees an actuarial surplus, the Trustees shall submit for the approval of the Governor in Council the action they wish to take in respect of any recommendation made by the Actuary whether in respect to the distribution of such surplus or otherwise. Any such submission shall be accompanied by the recommendation of the Actuary.". 8. Rule 13 is amended by deleting paragraph ( 1) and inserting in its stead the following paragraph:- " (1) A member under the age of sixty years or if he has served as Mayor and / or Alderman for at least nineteen and one-half (191) years, under the age of fifty-five years- (a) Who resigns before the expiration of his term of office as Mayor and/or Alderman; or (b) Who ceases to be a member upon the expiration of his term of office, shall not thereupon ( or, if he has not served as Mayor and/or an Alderman for at least eleven and one-half ( 111) years and is then under the age of fifty years, upon attaining that age) be entitled to an annuity unless, in addition to complying with the other requirements of Rule 6 of these rules- (i) He stands for re-election and is defeated; or

40 City of f Brisbane Act Amendment Act 1972, No. 3 (ii) Being a representative of a recognised political party he does not stand for re-election by reason that such party has not selected him to so stand; or (iii) He proves, by the production to the Trustees of evidence of a qualified medical practitioner or practitioners satisfactory to them, that he is incapacitated by ill-health or otherwise from continuing as a member or, as the case may be, standing for re-election; or (iv) He satisfies the Trustees that there are other good and substantial reasons why he should resign and should not seek re-election or, as the case may be, why he should not seek re-election; or (v) He proves his entitlement and the continuation of his entitlement thereto as prescribed by Rule 9 of these Rules." 9. Rule 14 is amended by omitting the words "Four hundred dollars" and inserting in their stead the words, figures and symbols " Six hundred dollars ($600.00) ". 10. Rule 15 is amended by, in paragraph (5), omitting the words " four hundred dollars " where they twice occur and inserting in their stead the words, figures and symbols " six hundred dollars ($600.00) ". REARRANGEMENT AND RENUMBERING OF RULES 11. (i) The Rules, as amended as above, are rearranged and renumbered as follows:- Number of Rule Under Proposed Rearrangement of Rules Subject Heading (Appropriate to Proposed Rearrangement) Replacing and Including Follow- ing Rules as Presently Numbered Meaning of terms . . Description of Scheme Trustees .. Administrative Assistance to Trustees Payments into and out of the Scheme Investment of Funds of the Scheme . . Investigation by Actuary Accounts and Audit . . Contribution by Council Members Annuities . . Condition of Entitlement Members under 50 years of age on Termination of Membership Failure to Comply with Conditions Incapacity while Serving as a Member Minimum Contribution Commencement of Payment Rate of Annuity . Protection of Annuities 1 2 (1) to 2 (4) 3 2 (5) 5(l),5(4) 2 (6) 2 (7), 12 4 5 (2), 5 (3) 6 13 7 8 9 14 10, 23 11 24

City of Brisbane Act Amendment Act 1972, No. 3 41 REARRANGEMENT AND RENUMBERING OF RULES-continued Number of Rule Under Proposed Rearrangement of Rules Subject Heading (Appropriate to Proposed Rearrangement) Replacing and Including Follow- ing Rules as Presently Numbered 19 Refund of Contributions 19 and 21 20 Widows of Members 15 21 Widows Refunds 20 22 Children of Members 16 23 Female Dependants 17 24 Restriction on Refunds 22 25 Reduction of Annuity 18 26 Proof of Age 26 27 Variation and Amendment of Rules 25 (ii) Reference within the Rules to parts of Rules and other Rules shall be renumbered in accordance with the rearrangement set out in paragraph (i) above.