City of Brisbane Act Amendment Act of 1930 (21 Geo v No. 45) (Qld)

11 LOCAL. PERSONAL. AND PRIVArfE A(TfS OF THE PARLIAM.ENT OF QUEENSLAND. 21° GEORGII V. ABATTOIRS-AGREEMENT. See STOOK. ALEXANDER MACDONALD MINING AGREEMENT RATIFICATION. See MINING. BABINDA TOWNSHIP-LAND TENURE. See SUGAR. BASILISK TOWNSHIP-LAND TENURE. See SUGAR. BORDER RAILWAYS. See RAILWAYS. BRISBANE CITY. An Act to Amend "The City of :Brisbane Act of 1924." [ ASSENTED TO 30TH DECEMBER , 1930 • ] 21 Geo, V. No. 45.. THE CITY OF BRI A S C B T ANE B E it enacted by the King's Most Excellent Maie:-;ty, . t~ E~ ~ : : O~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The City of Bri8bane Short title Act Amendment Act of 1930," and shall be read as one and t t' with *" The City of Bri8bane Act of 1924," herein referred cons ruc IOn. o to as the Principal Act. The Principal Act and this Act may collectively be cited as " The City of Bri8bane Act8, 1924 to 1930." * 15 Geo. V. No. 32, 8upra, page 11140.

13212 BRISBANE CITY. City of Bt'isbane Act Amendment Act. 21 GEO. V. No. 45, Amendments of the Principal Act. Amendment of s. 3. 2. The following amendments are made III section three of the Principal Act, namely:- Corporat.ion. (a) A new definition is inserted, namely :- " " Corporation"-Any company, firm, partner- ship, corporation, association, body of persons corporate or unincorporate, or joint owners or tenants in common or joint lessees more than two in number; " . l~lector. (b) The definition of " Elector" is repealed, and the following definition is inserted in lieu thereof, namely :- " " Elector"-A person enrolled on a voters' roll compiled under *" The City of Brisbane Acts, 1924 to 1930" ; " Electoral ward. (c) The definition of "Electoral district" is repealed and the following new definition is inserted in lieu thereof, namely :- " "Electoral ward"-An electoral ward as pro- claimed from time to time under this Act j " Executive Committee or Executive. (d) The following ne" definition is inserted after the definitIOn of "Electric Light and Power Act," namely:- " " Executive Committee" or " Executive "-The Executive Committee constituted by section 36A of this Act; " Occupier. (e) The following new definitions are inserted after the definition of "Minister," namely :- " " Occupier"-The person in actual occupation of any land; or if there is no person in actual occupation, the person entitled to possession thereof; Occupiers' register. "Occupiers' register"-The register of occupiers of rateable land compiled by the Council from information obtained in pursuance of ordinances ; " Trustee. (f) The following new definition is inserted after the . definition of " Town Clerk," namely :- " "Trustee"-In addition to every person appointed or constituted a trustee by act of * 15 Geo V. No. 32, supra, page 1I140; and 21 Geo. V. No. 45 (this Act).

BRISBANE Cl'rY. 13213 1930. City of Brisbane Act Amendment Act. the parties, or by order or declaration of a Court, or by operation of law: the term includes- (a) An executor or administrator, guardian, committee, receiver, or liquidator; and (b) Every person having or taking upon himself the administration or control of rateable land affected by any express or implied trust or acting in any fiduciary capacity, or having the possession, control, or manage- ment of the rateable land of a person under any legal or other disability." 3. Section five of the Principal Act is repealed and Repeal and the following section is inserted in lieu thereof :_ new 8. 5. "[5.] The City shall be governed by (1 Council The Cauncil. composed of twenty aldermen com;isting of the Mayor and nineteen other aldermen." 4. Section seven of the Principal Act is repealed nepeal and and the following section is inserted in lieu thereof:- new s. 7. "[7.] Every adult person (whether male or female) Qualification who resides within the City, and who is or is qualified of alderman. to become an elector for any electoral ward and who is not under any of the disabilities hereinafter specified, shall be qualified to become and to act as an alderman, but so long only as he continues to hold such qualification. " 5. Paragraph (v.) of subsection one of section ten Amendment of the Principal Act is repealed. of s. 10. B. Section *thirteen of the Principal Act is hereby Repeal and repealed. . new 8. 13. Notwithstanding such repeal, the Mayor, having Mayor ~ o been elected pursuant to section thirteen of the Principal ~ ~ ~ ~ ~~ : e Act (now repealed), shall hold office and continue to conclusion hold office as Mayor until the conclusion of the election ~ fe! ~ i~ n of to be holden on the second day of May, one thousand 2nd May, nine hundred and thirty-one. 1931. 7. Section fourteen of the Principal Act is repealed, Repeal and and the following new section is inserted in lieu new 8. l4. thereof :- " [14.] For the purposes of the election of aldermen the City shall be divided into twenty electoral wards. The electors of each such electoral ward shall return one alderman. * Sic in Gazette, semble" Repeal of s. ]3 and saying."

13214 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, For the purposes of making such division the Council may appoint a Board consisting of three persons. For the purposes of such division, a quota of electors shall be ascertained as follows ;- The total number of electors- (a) In the case of the first division occurring before the election to be holden on the second day of May, one thousand nine hundred and thirty-one, whose names appear upon the occupiers' register on the first day of January, one thousand nine hundred and thirty-one, shall be divided by twenty, and the quotient shall be the quota of electors; (b) In the case of any subsequent division, whose names appear upon the occupiers' register on the first day of July or the first day of January nearest preceding the appointment of such Board, shall be divided by twenty, and the quotient shall be the quota of electors. In making the first division or any subsequent divisions, consideration shall be given by the Board to- (a) Community or diversity of interest; (b) Means of communication; and (c) Physical features; and subject thereto the quota of electors shall be the basis for the division of the City into twenty electoral wards accordingly provided that the Board may adopt a margin of allowance to be used whenever necessary~ but in no case shall such quota be departed from to a greater extent than one twentieth more or one twentieth less: Provided always that the Governor in Council may, if he thinks fit and proper so to do, by Order in Council appoint a Commission of three persons to make the first division of the City into electoral wards for the purposes of the election to be holden on the second day of May, one thousand nine hundred and thirty-one, and the provisions of this section shall apply and extend accordingly.

BRISBA:'\E CITY. 13215 19;)0. City 0/ Brisbanc Act .:1 mendmcnt Act. The Board or Commission as the case may be shall s,s soon as practicable- (i.) Make and forward to the Home Secretary a report of the division, specifying- (a) The quota of electors; and (b) The name of each electoral ward; and (c) The boundaries of each electoral ward; and (d) The number of electors therein; and (ii.) Forward a map signed by the members of the Board or Commission, with the name and boundaries of each electoral ward delineated thereon. The names and boundaries of the said electoral wards shall forthwith be proclaimed by the Governor in Council in the Gazette. ,\Vhereupon the said electoral wards shall be the electoral wards of the City for the purposes of the election of aldermen. Notwithstanding anythin 0' hereinbefore contained Aldermen to it is hereby declared that the 1:> aldermen elected for the ~ ~ ~ ~ l 0 :iice electoral wards as set forth in section fourteen of the conclusion of Principal Act (hereby repealed) shall hold office and ~ ~ ~ t~ ~ ~ v~ f continue in office as aldermen until the conclusion of i931. • the election to be holden on the second day of May, one thousand nine hundred and thirty-one." 8. The following new section is inserted after FirsteleetiJn section fifteen of the Principal Act , namely:- a p £ a t s e s ~ mtgheo"r S atu " r d [ a 15 y A , . t ] h eAnseecloenc d tio d nayof 0 f al M dearym, enonsehat l h lobuesahn d eldnI · onne " BArmTisehbneadnOmeietAnyctotf hundred and thirty-one. Act of 1930." For the purposes of such election, the Town Clerk shall be the returning officer." 9. Section sixteen of the Principal Act IS Repeal and repealed, and the following section is inserted in lieu new s. 16. thereof ;- " [16.] (1.) An election of aldermen shall be held on Triennial the last Saturday in April in every third year after the elections. €lection to be held on the second day of May, one thousand nine hundred and thirty-one: Provided that, if in the year of any triennial election Anzac Day falls on the last Saturday in the month of April, the election shall be held on the first Saturday in the month of May of that year.

1:3216 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, Returning officer. At every triennial election the whole number of aldermen shall be elected. (2.) The Executive shall appoint the returning officer at every election under this Act, other than the election to be holden on the second day of May, one thousand nine hundred and thirty-one." Repeal and 10. Section seventeen of the Principal Act is new s. 17. repealed and the following section is inserted in lien thereof:- One vote "[17.J (1.) At the election of an alderman each only. elector shall have one vote only. (2.) The election shall be held on a Saturday. (3.) The voting shall be by ballot. Compilation (4.) For the purpose of the first election held after roofllv. oters' the passing of *" The C£ty 01 Brisbane Act Amendment Act of 1930" and of every triennial election, it shall bc the duty of the returning officer to compile in the case of the first election, not later than the twenty-eighth day of February, one thousand nine hundred and thirty-one, and not later than the twenty-eighth day of February in the year of each triennial election thereafter, a voters' roll for each electoral ward, and in so doing he shall observe the following rules :- (i.) The voters' roll shall consist of the names arranged alphabetically and numbered in regular arithmetical order, of all persons, whether male or female, whose names appear in the occupiers' register as occu- piers of rateable land within the electoral ward concerned and who are not disqualified under this Act. (£i.) When the names of more persons than one appear in such occupiers' register as occu- piers of the same rateable land, all of such persons shall be deemed to be occupiers~ and their names shall be enrolled on the voters' roll. (iii.) When a corporation is the occupier of rateable land, such corporation shan, in writing, request the name of some One person to be entered in the occupiers' register as the occupier of such land, and the name of such person shall be enrolled On the voters' roll. * This Act.

BRISBANE CITY. -~ - -- ~ - - - - - - - ~ -- - 19::l0. City of Brisbane Act Amendment Act. (iv.) When a trustee is the occupier of rateable land, such trustee shall in writing request his name to be entered in the occupiers' register; or where there is more than one trustee, such trustees shall, in writing, request the name of one of such trustees to be entered in the occupiers' register as the occupier of such land, and in any such case the name of the trustee shall be enrolled on the voters' roll. (v.) At any election held in a new electoral ward which consists in whole or in part of land which immediately before the constitution of the electoral ward was comprised in another electoral ward or other electoral wards, the persons whose names then appeared in the occupiers~ register for such electoral ward or electoral wards as occupiers of such land shall be entitled to vote. Copies of such occupiers' register, or so much thereof as relates to rateable land within the new electoral wards, shall be supplied by the officer having the custody of them to the returning officer. (5.) The voters' roll shall be in the following form or to the like effect :- City of Brisbane. Voters' Roll for the Electoral Ward of. .......................... . (insert name) Dated this day of ,19 . Signed Returning Officer. No. Surname and Christian Name, Address, Assessment Number of Property. 1. ....... Baird, John McEwing, Boundary Street, West End, 210 2 ........ Baldie, David, Jane Street, West End, 220 3 ........ Beaumont , Alexander, Montague Road, West End, 250 (6.) The returning officer shall furnish copies of each voters' roll when compiled to any person requiring them on payment of a sum not exceeding one shilling for every copy thereof. 13217

};J218 BRlSBA:'>JE CITY. ----------- ------ ---- ------------ - - - - - - - - - - - ~ - ('ity of Bl"lsbanc Ad Llmcndmcllt Act. 21 GEO. V. No. 45, - . -- - -- - - - - - - - - - - - - - - - - - - - - . - - . - - - - - - . - - - - - - - ~ Public notice (7.) The returning officer shall give public notice of of election. every election by advertisement in some newspaper published in the City; and the notice shall specify a day, not less than fourteen nor more than twenty-one days after the publication of the notice of election, as, the day of nomination. A;;sistant (8.) At the first election and every election there- orefftiucrenritnogbe after, the returning officer shall appoint an assistant appointed. returning officer for each electoral ward of the City, and such assistant returning officer shall, for the- purposes of each such election, have an the powers" authorities, and duties conferred and imposed upon a returning officer under and pursuant to the ElectionsAct. Application (9.) Subject as hereinafter provided, all the pro- AofcEt. lections visions of the *Elections Act, so far as the same can be- applied, shall be applicable to every election of aldermen under this Act, including the election to be holden on the- second day of May, one thousand nine hundred and thirty-one : Provided always that the following amendments shall for the purposes of an election under this Act (and for no other purpose), be deemed to be made in the ElectionsAct, namely:- (a) Amendment to section eleven of the *Elections Acts. In section eleven, before the words "of unsound mind," the words" under the age of twenty-one years or is not a natural-born .or naturalised subject or is" are inserted. (b) Amendments to section sixty-one of the * Elections Acts. In subsection one, the words" by making a cross" are repealed, and the words "by placing the number one " are inserted in lieu thereof; also in the proviso to subsection two of the said section, the words" by making a cross" are repealed, and the words" by placing the number one" are inserted in lieu thereof. (c) Amendments to section sixty-five of the *Elections Acts. Subsection one is repealed, and the following subsection one is inserted in lieu thereof:- "Notwithstanding anything in this Act contained an elector shall, where there are more than two * 6 Geo. V. No. 13, supra, page 6779; and 16 Oeo. V. No. 21, supra. page 11294.

BRISBANE CITY. 19:30. City of Brisbane Ad .Llmcndmellt Act. candidates, indicate the order in which he desires that his vote shall be counted in respect of all the candidates." In the sidenote the word" may" is repealed, and the word" shall" is inserted in lieu thereof. Subsection two is repealed, and the following subsection two is inserted in lieu thereof;- "Such indication shall be made by writing in all the squares opposite the names of the candidates commencing with the number one (being the candidate for whom he votes in. the first instance) and continuing with the numbers two, three, and any subsequent number, indicating by such numbers the order in which he desires his vote to be so counted." Subsection three is repealed. (d) Amendments to section sixty-nine of the * Elections Acts. The followjng proviso is added to subsection five;- "Provided that it shall be the duty of the presiding officer before issuing the ballot-paper to an elector to fill in the name of the electoral ward for which the elector declares that he is enrolled and the names of all the candidates for that electoral ward if not already printed thereon." Subsection six is repealed and the following subsection six is substituted in lieu thereof- " (6.) The voter shall record his vote by placing the number one in the sqnare opposite the name of the candidate for whom he votes in the first instance. For the purposes of contingent voting where there are more than two candidates the voter shall write in all the squares opposite the names of the candidates commencing with the number one (being the candidate for whom he votes in the first instance) and continuing with the numbers two, three, and any subsequent number indicating by such numbers the order in which he desires his vote to be so counted." * 6 Geo. V. No. 13, 8upra, page 6779; and 16 Geo. V. No. 21, supra, page 11294. 13219

13220 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, (e) Amendment to section seventy of the *Elections Acts. Subsection two. is repealed and the following sub- section two is inserted in lieu thereof :~ "(2.) The ballot-paper to be used shall be in accord- ance with the prescribed form, and it shall be the duty of the returning officer or the Electoral Registrar, b.efore issuing the ballot-paper to an elector, to fill in the name of the electoral ward for which the elector declares that he is enrolled, and the names of all the candidates for that electoral ward if not already printed thereon. The voter shall record his vote by placing the number one in the square opposite the name of the cllndidate for whom he votes in the first instance. For the purposes of contingent voting, where there are more than two candidates, the elector shall write in all the squares opposite the names of the candidates commencing with the number one (being the candidates for whom. he votes in the first instance) and continuing with the numbers two, three, and any subsequent number, indicating by such numbers the order in which he desires his vote to be so counted." (f) Amendment to section seventy-one of the * Elections Acts. The following proviso is added to the second paragraph of subsection three:- "Provided that it shall be the duty of the returning officer before issuing the postal ballot-paper to an elector to fill in the names .of all the candidates for the electoral ward if not already printed thereon." In paragraph (iv.) of sl1bsection five, the words "vote by writing on the second page of the ballot-paper the name of the candidate for whom he votes" are repealed, and the words" vote by writing the number one in the square opposite the name of the candidate for whom he votes in the first instance" are inserted in lieu thereof. Paragraph eight of subsection five is repealed and the following paragraph is inserted in lieu thereof:- " For the purposes of contingent voting, where there are more than two candidates the voter shall write in * 6 Geo. V. No. 13, supra, pa.ge 6779; and 16 Geo. V. No. 21, 8upra, pa.ge 11294.

BRISBANE CITY. 13221 1930. City of Brisbane Act Amendment Act. all the squares opposite the names of the candidates commencing with the number one (being the candidate for whom he votes in the first instance) and continuing with the numbers two, three, and any subsequent number indicating by such numbers the order in which he desires his vote to be so counted." ( g) Amendments to section seventy-four of the * Elections Acts. In subsection one the words "(including a postal vote, but not any other absent vote)" are repealed. Paragraph (c) of subsection one is repealed, and the following paragraph (c) is inserted in lieu thereof : - "(c) Has no vote indicated on it, or has fewer consecutive numbers commencing wjth the number one, in the squares than the number of candidates. Provided that in an election at which there are not more than two candidates, every ballot-paper which has the number one placed in the square opposite the name of a candidate shall be deemed to sufficiently indicate the candidate for whom the elector votes." , (h) Regulations and Forms. Any regulations and forms under the *Elections Act which may require amendment for the purpose of this Act shall be read and construed and applied as if amended accordingly, and any necessary forms for the purposes of an election under this Act may issue accordingly. " n. Section eighteen of the Principal Act is hereby Repeal and repealed, and the following section is inserted in lieu new s. 18. thereof:- "[18.J When an extraordinary vacancy arises in the office of alderman a separate election by the electors of the electoral ward in which such vacancy has arisen shall be held to fill such vacancy: Provided that, if such extraordinary vacancy occurs within four months before the triennial election, such extraordinary vacancy shall not be filled. Such election shall be held within fifty clear days after the occurrence of such vacancy on such day as the returning officer appoints. * 6 Geo. V. No. 13, supra, page 6779; and 16 Geo. V, No. 21, supra, page 11294. B1

13222 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, For the purposes of any such extraordinary election the voters' roll of the electoral ward concerned shall comprise the names of all persons who are the electors of such ward and whose names have been enrolled as electors in the proper voters' roll or rolls for such ward not later than seven clear days before the day of nomination for such election." Repeal and new s. 19. 12. Section nineteen of the Principal Act is hereby repealed, and the following section inserted in lieu thereof :-. "[19.J If at the time prescribed or appointed for holding an election- (a ) No election is held; or (b) No candidate is nominated for the office of alderman for an electoral ward, the Governor in Coun~ il m:ty appoint an elector to be an alderman to fill the vacancy which ought to be filled at such election, and every elector appointed an alderman shall be deemed to have been dulv elected at such election for the electoral ~ ward in resp;ct of \vhich he \V[l$ so appointed!' Amendment 13. Section twenty of the Principal Act is amended of s. 20. by the addition of the following subsections :- Constitution " (2.) Notwithstanding anything contained herein, aofftCerouthnecil t h e Mayor and aldermen in office at the date 0 f t I 10 passing of election to be holden on the second day of May, one ~ ~ , ~; a~ ; t~ 1t thousand nine hundred and thirty-one, shall continue Amendment . in office until the conclusion of such election. Act of 1930." . (3.) The election to be holden on the second day of May, one thousand nine hundred and thirty-one, shall be concluded when the names of the aldermen elected at such election shall bo published in the Gazette, and on such publication the aldermen BO elected shall assume office." The head note (in italics) to the section is repealed. 14. The following new sections are inserted after section twenty as follows :- " 111 aYOT. Election of [20A.] (1.) At the first meeting of the Council after Mayor. the conclusion ()f the election to be holden on the second

BRISBANE CITY. 13223 1980. City of Brisbane Act Amendment Act. day of May, one thousand nine hundred and thirty-one, and of every triennial election of aldermen or at some adjournment thereof, the members present shall elect one of the aldermen to be Mayor, who shall, except as hereinafter provided, hold office until the conclusion of the next triennial election of aldermen. (2.) At every meeting for the election of the Mayor the returning officer shall preside and shall have and may exercise all the powers and authorities of the chairman other than the right to vote. (3.) If the Mayor resigns his office as Mayor but continues his office as alderman, the Council shall elect an alderman to be Mayor in his stead who shall hold office until the period aforesaid. The vacancy shall be filled at a special meeting of the Council to be called forthwith. (4.) If the Mayor ceases to be an alderman, the Vice Mayor shall hold the office of Mayor for such period of time as shall elapse until the extraordinary vacancy caused by the Mayor's vacation of his office as an alderman has been filled and the Council has elected another alderman to be Mayor in hitl stead. (5.) If after the expiTatjon of fourteen days from Appoint. the time appointed for the election of the Mayor no ~ ez: t of if Mayor is elected, the Governor in Council may appoint n: leo~ !ected. one of the aldermen to be Mayor: Provided that before the expiration of such time, on the request, in wTiting, under their hands, of an absolute majority of the aldermen so to do, the Governor in Council may appoint one of the aldermen to be Mayor. Provisions for Election of 1vIayor. [20B.] (1.) At the conclusion of the election theMeetingt.o returning officer shall forthwith call a meeting for the elect. purpose of electing the Mayor. (2.) Where a meeting is duly called for the Notice and purpose of electing a Mayor, if any alderman shall fail, attendance. without reasonable excuse to the satisfaction of the Council, to attend such meeting, or, being present at such meeting, leave the same before the completion of the election and the declaration of the result, unless with the consent of the majority of the aldermen present, expressed by resolution without notice, he shall be liable to a penalty not exceeding two pounds.

13224 BRISBANE CITY. City of Brisbane Act Amendm,ent Act. 21 GEO. V. No. 45, Nomina- ions. Method of election. (3.) Nominations for the office of Mayor may be made without notice by any alderman, and shall be in writing. If there be only one nomination, or if all the nominations except one be withdrawn, or if all the persons nominated except one decline nomination, then the returning officer shall declare that one elected. (4.) (a) The election shall be by preferential ballot. (b) The ballot-paper shall contain the names of all the candidates, and the aldermen shall mark their votes thereon by placing the numbers one, two, three, &c., against the names of the candidates, thus indicating the order of their preference. (c) If any candidate receives more first-preference votes than one half of the total votes recorded, that candidate shall be declared elected. In any other case the candidate with the lowest number of first-preference votes shall be defeated, and the votes on his ballot- papers shall be transferred to the candidates in whose favour second preferences are marked thereon. If any candidate, after such transfer, shall be found to have received more votes than one half the total number of votes recorded, he shall be declared elected. If not, the lowest remaining candidate shall be defeated. This process shall be continued, mutatis mutandis, until one candidate is found to have received a majority of the votes cast, or until two candidates remain and their votes are equal. (d) If at the ballot the number of votes cast for two or more candidates is equal, the returning officer may request the candidates to draw lots, and if any or all decline shall himself draw lots for them, and shall, in accordance with the result Qf such drawing of lots, declare which of such candidates is unsuccessful in the ballot, and if it be a final ballot, sha,ll declare .the successful candidate to be duly elected." Meetings. 15. Section twenty-one of the Principal Act is repealed, and the following is inserted in lieu thereof :- "[21.] The Mayor shall have the right to preside at every meeting of the Council at which he is present. The Mayor may call upon the Vice Mayor, or, in the absence of the Vice Mayor any other alderman, to preside at a meeting, and thereupon the Vice Mayor or such other alderman shall preside

BRISBANE CITY. 13225 1930. City of Brisbane A.ct Amendment Act. at the meeting for so long as required by the Mayor. If the Mayor is absent the Vice Mayor, or in the absence of the Vice Mayor, another alderman to be chosen at the meeting, shall be chairman during the absence of the Mayor from the meeting." 16. The following section is inserted after section twenty-one of the Principal Act, namely:- "[21A.] The financial year of the Council shall com- Financial mence from the first day of July in one year and end at year. the thirtieth day of June in the next succeeding year." . 17. Section twenty-two of the Principal Act shall Amendment be amended as follows:- of s. 22. In paragraph (a) of subsection one, after the word " salary," the words "in such amount as the Council shall from time to time determine but not exceeding" are inserted. 18. Section twenty-three of the Principal Act shall ~me~dment be amended as follows :_ . 0 s. 3. Subsection one is repealed, and the following subsection inserted in lieu thereof :- " (1.) Every alderman shaH be entitled to receive from the City Fund a salary in such amount as the Council shall from time to time determine, but not exceeding the sum of three hundred pounds per annum." In subsection two, the words " Every such salary" are repealed, and the words "The salary (if any) pay- able" are inserted in lieu thereof. 19. The following sections are inserted after section thirty-six of the Principal Act, namely:- "[36A.] (1.) Notwithstanding anything contained in Execu~ive this Act, there shall be constituted an Executive CommIttee. Committee of the Council (herein referred to as "the Executive "). Such Executive shall be responsible to the Council and shall consist of five members consisting of the Mayor (or person acting as Mayor for the time being) and four aldermen. The four aldermen shall be elected by the Council. The provisions of section 20B of thIS Act shall mutatis mutandis apply in respect of the election of each alderman to the Executive.

13226 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, Salary. Reports. The Executive shall be charged with the general administration of the various departments of the Council as constituted from time to time. Provided that such departments shall be so arranged or grouped whereby each department or group of departments shall be under the dIrect administration of and assigned to the Mayor and each member of the Executive; and to the intent that the Mayor and each member shall directly administer the department or group of departments respectively assigned to the Mayor and each member accordingly. The members of the Executive (other than the Mayor) shaH hold office during the pleasure of the Council. (2.) Any member (other than the Mayor) shall be entitled to receive an additional allowance not exceeding one hundred pounds per annum in respect of each member over and above his salary (if any) as alderman. (3.) It shall be the duty of the Executive or any member thereof to make reports generally from time to time to the Council in respect of any matter or thing under the jurisdiction of the Executive or the member concerned; moreover, such Executive or member thereof shall, if and when requested by the Council, submit to the Council any report or reports on any matter or thmg when so requested by the Council. Consequential Amendments. Consequen- (4.) The following consequential amendments are mtiaelnatsm. end- made in the Principal Act accordingly:- Section ll. (a) In section eleven the words "Town Clerk," where they twice occur, are repealed, and the words "Mayor or Town Clerk or person authorised in that behalf" are inserted in lieu thereof. Section 25. (b) Section twenty-five of the Principal Act is repealed and the following new section is inserted in lieu thereof:- Power of [25.] Subject to this Act the Executive shall have tEoxeacpuptoivinet power and authority to appoint such officers with such officers, &c. designations as they may deem fit, and to prescribe the powers, authorities, and duties of such officers.

BRISBANE CITY. 13227 1930. City of Brisbane L!ct Amendment Act. Moreover, such Executive shall have power and authority in respect to- (a) The constitution of departments, the group- ing or regrouping of departments or sub- departments or branches or sections of departments; (b) The co-ordination of the work of various departments; (c) The control, reorganisation, or readjustment of any department, or part thereof; (d) The disposition of officers and offices; (e) Any rearrangement of or improved method of carrying out the work of the departments; (I) Generally the more efficient administration of the Council. Until the Executive otherwise provides, the powers, duties and authorities of the Town Clerk shall, subject to the Executive, continue to be had and exercised by the Town Clerk. (c) In section forty-five of the Principal Act, after Section 45. the words "Town Clerk" the words "or other officer authorised in that behalf" are inserted. (d) In section fifty-five of the I'rincipal Act, after Section 55. the words" Town Clerk" the words" or other officer authorised in that behalf" are inserted. (e) Where in any Act or otherwise in this Act Generally. reference is made to the Town Clerk, such reference shall be deemed to mean and be construed as a reference to the Town Clerk or officer authorised in that behalf. (5.) Ordinances may be made to give full effect to Ordinances. the objects and purposes of this section. 'Vithout limiting the generality of these provisions, such ordinances may provide for the filling of any vacancy in the Executive, the conduct of the business of the Executive, the proceedings and meetings thereof, and any other matter or thing which may be necessary or expedient to give full effect to the proper and efficient workmg thereof. (6) The provisions of the above section 36A and the Operation of amendments made thereby in the Principal Act pursuant ~ ! oa: : ~ ~ s to the provisions of the said section 36A, shall come into section 36A. force and take effect at the conclusion of the election of aldermen to be held on the second day of May, one thousand nine hundred and thirty-one,"

18228 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, "Appeals against Valuations. Appeals [36B.] (1.) The provisions of sections two hundred ~ ~ r~ ~ : fom. and twenty-seven, two hundred and twenty-eight, and Non. two hundred and twenty-nine of subdivision three of applicat.ion Part X. (Appeal against Valuation) of *" The Local ~ ~ ~ ! f: ia; : : a of Authorities Acts, 1902 to 1929," shall not apply to the the Local Council or to appeals instituted under this Act, but the AAucttsh.orities f 0 1 o 1 w ' mg prOVI . SI . OnS s h a 1 · 1 app I y:- (2.) If any person thinks himself aggrieved by the valuation of any land, he may in any year appeal against such valuation in the manner hereinafter provided. App~ al in ( 3.) (a) Such appeal shall be made in the first ftiorsCt . IItnystance instance to the C~ ~ ty Valuation Committee (hereinafter Valua~ ion referred to as "the Committee ") which shall be con- CommIttee. stituted by three officers of the Council appointed in that behalf. (b) The Council shall also appoint a person to be the Clerk of the Committee. (c) No such appeal shall be entertained by such Committee unless notice in writing of the appeal is given by the appellant to the Clerk of the said Com- mittee within twenty-eight days after he has received notice of such valuation. (d) The appellant in such notice of appeal shall state therein the grounds on which such appeal is based. (e) The Committee shall cause to be served upon the appellant a notice specifying the day and place appointed for the hearing of the appeal. (f) At the hearing before the Committee of such appeal, the appellant may appear in person or may be represented by counsel or solicitor or by his agent duly appointed in that behalf, and such appellant shall have power to produce any witness in his behalf before such Committee. Powers of (g) For the purposes of any appeal as aforesaid SoCnuommhmemaorintm. tiengeg. ethI . teheCromonmibtetehealsfha c l :f l htahvee CpoouwneCrI . ltoosrum.omn obnehaanlyf poefr.stohne, of witnesses. appellant, as a WItness, and to reqUIre and to compel him to bring and produce for the purpose of evidence all documents and writings in his possession or power, * 2 Edw. VII. No. 19 and amending Acts, supra., pages 1860 et seq. (See Alphabetical Table.)

BRISBANE CITY. 13229 1930.. City of Brisban.e Act Amendment Act. and to examine him and to punish him for not attending in pursuance of the summons or for refusing to give evidence, or for neglecting or refusing to bring and produce any such documents or writings, and for such purposes shall have the powers of a Judge of the Supreme Court. The Committee may take evidence of its own motion if it thinks fit. The Clerk of the Com;mittee shall sign any summons to a witness. Every witness summoned shall be entitled to a tender of his reasonable expenses by the party requiring his attendance. (h) The Committee shall hear and determine the Committee appeal, and shall have power to confirm the valuation~ ~ t~ : : i~ : . d appealed against or to reduce the amount of such valuation as it may so determine. (i) The Clerk of the Committee shall keep proper Clerk to records of all proceedings and determinations of the keep record.] Committee. (j) A certificate under the hand of the Clerk of the Certificate of Committee shall be sufficient evidence in any Court of Clerk. any determination of the Committee. (k) The Committee shall have no power to award Committee cost s I.n respect 0 f any b. lea'nng under th' IS subsec t' IOn. ncoosttsto. award (4.) (a) If after the determination by the Corn- tpp~ a6 to mittee as aforesaid the appellant (in respect of whom an ourt. such determination was made) is dissatisfied with the determination of the Committee, such appellant may, within fourteen days from such determination, appeal to the Land Court constituted under *" The Land Act of 1910," and its several amendments, against such determination on the ground that the valuation so determined is excessive. (b) On the hearing of the appeaJ the Land Court Power of may make such order as it thinks fit and may confirm Court. or increase or reduce the valuation as determined by the Committee, and subject as hereinafter provided, it~ order shall be final and conclusive and binding on the Council, the Committee, and the appellant concerned. (c) For the purposes of every such appeal, the Constitution powers and duties conferred and imposed upon the Land of Court. Court shall be exercised and performed by one member thereof only; but the decision of such member shall he subject to appeal to the Land Appeal Court. The Land Court, and on appeal, the Land Appeal Court, shall * 1 Ceo. V. No. 15, supra, page 8775.

13230 BRISBANE CITY. City of Brisbane Act Amendment Act. 21 GEO. V. No. 45, Rules of Court. Rates payable notwith· standing appeal. have jurisdiction to hear every such appeal, and for such purpose all the provisions of Part n. of *" The Land Act of 1910," and its several amendments and any Rules of Court thereunder, shall so far as the same are applicable extend to the hearing and determination of every such appeal: Moreover, the members of the Land Court, or a majority of them, may make any Rules of Court for regulating the practice and procedure in relation to appeals to the Land Court under the provisions of this section. (d) Any decision of the Land Court or the Land Appeal Court under this section shall be transmitted by the Registrar of the Land Court to the Clerk of the Committee accordingly. (5.) Notwithstanding any appeal against a valua- tion, whether the appeal shall be made to the Committee or to the Land Court or Land Appeal Court, the rates as assessed by the Council shall be payable at the time specified in the rate notice, and should there be any variation of the valuation, the said Council shall make a relative adjustment of rates. Pending appeals. (6.) All appeals against valuations pending on the passing of t" The City of Brisbane Act Amendment Act of 1930" shall be subject to the provisions of this section: Provided that where the hearing of any appeals at the passing of t" The City of Brisbane Act Amendment Act of 1930" has actually commenced in any Valuation Court pursuant to the provisions of t" The Local Authorities Acts, 1902 to 1929," and such appeals are part heard, such appeals shall continue to be heard and determined by such Valuation Court, and the provisions of this section shall not apply, but the provisions of t" The Local Authorities Acts, 1902 to 1929," including section two hundred and thirty-one thereof, shall apply. " Amendment 20. The following provision is inserted after the of s. 44. first paragraph of section forty-four of the Principal Act:- "Provided that the rate on rural land which is not in demand for building sites or residential areas or for * 1 Geo. V. No 15, supra, page 8775. + This Act. :j. 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq

BRISBANE CITY. 1;3231 1930. City ,of Brisba.ne Act Amendment Act. any purpose other than rural pursuits and 'which in the opinion of the Council is being reasonably used for primary production or cannot be put to any profitable use at the time any rate is made and levied, shall not exceed one-half the rate made and levied on other lands." The third paragraph of the said section forty-four is hereby repealed. The following new provision is added to the said section forty-four, namely:- tom. "Notwithstanding any other Act to the contrary, Land leased all land let or demised to any person or corporation by tho Commissioner for Railways shall be deemed rateable Bi~ : ~ f~ r land within the meaning of this Act: Railways to be rateable Provided nevertheless that any such land let or land. demised to any person or corporation by the Commis- sioner aforesaid under an agreement entered into before the first day of December, one thousand nine hundred and thirty, shall be exempted from the payment of rates during the period of such agreement unless such agree- ment contained a condition that the lessee or tenant was liable for the payment of rates." 21. Section forty-fi \'-e of the Principal Act is Amendmoot amended as follows :- of s. 45 (a) In the fifth paragraph of the said section, after the words "The said Trustees shall, before" the words " the thirty-first day of January" are repealed, and the words" the thirtieth day of September" are inserted in lieu thereof. (b) The following new provision is added to the said section, namely- "Notwithstandmg anything contained in any Act Advance by to the contrary, it shall be lawful for the sald Trustees waydo£ ft to 0 btam· a dvances from any ban ( Iobr anks 1) y way over ra • of overdraft in respect of the moneys from time to time to be received by them on account of any Sinking Fund under this Act: Provided that such overdraft shall, in the aggregate, be based on such amount as is estimated to be not greater than the moneys to be received by the said Trustees on account of any Sinking Fund under this Act for a period of six months immediately succeeding the day upon which any such overdraft shall have been first incurred."