City of Brisbane Acts Amendment Act of 1933 (24 Geo v No. 13) (Qld)

14828 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 GEO. V. No. 13, --------------------------- BRISBANE CITY. 24 N G o. e 1 o 3 . . V. An Act to Amend" The City of Brisbane Acts, THE 1924 to 1930," in certain particulars. CITY OF BRISBANE ACTS [ASSENTED TO 2ND NOVEMBER 1933] ' • ~ : ~ ~ ~ ~ ~ ~ . BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The City of Brisbane ::;!truetion. Acts Amendment Act of 1933," and shall be read as one with *" The City of Brisbane Acts, 1924 to 1930," herein collectively referred to as the Principal Act. Collective title. The Principal Act and this Act may collectively b~ cited as " The City of Brisbane Acts, 1924 to 1933." Amendments of the Principal Act. Amendml'nt of B. 3. 2. The following amendments are made in section three of the Principal Act, namely :- (a) The definition of " Corporation" is repealed. Elector. (b) The definition of "Elector" is repealed and the following definition is inserted in lieu thereof, namely:- " "Elector"-A person named as such in an electoral roll compiled pursuant to the Electione Acts and enrolled on a voters' roll compiled under this Act." Electoral district. (c) The following new definition is inserted after the definition of " Elector " : - " "Electoral district"-An electoral district constituted for the time being under t" The Electoral Districts Act of 1931," or any Act amending or in substitution for such Act, and comprised wholly or partly within the City." (d) The definition of "Executive Committee" or " Executive" is repealed. (e) The definitions of "Occupier" and "Occupiers' register" are repealed. - - - - -------- * 15 Geo. V. No. 32 and 21 Geo. V. No. 45, 8upra, pages 11140 and 13211. t 22 Geo. V. No. ll, 8upra, page 13725.

BRISBANE CITY. 14829 1933. Oity of Brisbane Acts Amendment Act. (f) The definition of " Trustee" is repealed. 3. Section five of the Principal Act is repealed Repeal of .and the following new section is inserted in lieu and new s. 5. thereof :- " [5.] (1.) The City shall be governed by a Council The Council. composed of twenty-one aldermen, consisting of the Mayor and twenty other aldermen. (2.) The Mayor shall be an alderman by virtue of his -office." 4. Section seven of the Principal Act is repealed Repeal of and the following new section is inserted in lieu and new s. 7. thereof :- _ "[7.] (1.) Every adult person (whether male or female) who resides in the City, and who is or is qualified to become an elector for any electoral district within Queensland, 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 or she continues to hold such qualification. (2.) At the first election to be held in April, one thousand nine hundred and thirty-four, and at any subsequent triennial election, a person shall not be qualified to be a candidate or to be elected for the office -of Mayor and also for the office of ordinary alderman." 5 Section ten of the Principal Act is amended as Amendment f~ o~ : - ~ ~ m The following new paragraph (v.) is inserted in subsection one of the said section:- "(v.) If on the occasion of an extraordinary vacancy in the office of Mayor he becomes Mayor by virtue of his office of Vice Mayor, or is appointed Mayor; or". 6. Section eleven of the Principal Act is repealed Repeal of .and the following new section is inserted in lieu thereof : - :~tl~ew "Any alderman may resign his office by writing under his hand addressed to the Town Clerk, and such resignation shall be complete and shall take effect from the time when it is received by the Town Clerk."

14830 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 GElo. V. No. 13, New s. 13. 7. A new section thirteen is inserted as follows : - Election of "[13.J The Mayor shall be elected by the electors Mayor. of the City voting as in one electoral ward comprising all the electoral wards of the City: Provided that the Mayor at present in office at the passing of *" The City of Brisbane Acts Amendment Act of 1933" shall hold and continue to hold office as Mayor until the conclusion of the election to be holden in April, one thousand nine hundred and thirty-four." Repeal of 8. Section fourteen of the Principal Act is repealed sa. nd 14 n . ew and the following new section is inserted in lieu thereof :- Election of " [14.] For the purposes only of the election of : ~ : t: : : = f by aldermen the City shall be divided into twenty electoral wards. wards. The electors of each such electoral ward shall return one alderman. For the purposes of making such division the Governor in 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 approximate number of electors, in the case of the first division into electoral wards occurring before the election to be held in the month of April in the year one thousand nine hundred and thirty-four, whose names appear on the electoral rolls compiled pursuant to the Elections Acts for the electoral districts comprised or partly comprised in the City. as at the thirtieth day of September, one thousand nine hundred and thirty-three, and, in the case of any subsequent division into electoral wards, whose names appear on the said electoral rolls on the thirtieth day of September of the year immediately preceding the year of any triennial election, shall be divided by twenty, and the quotient shall be the quota of electors. * 24 Geo. V. No. 13 (this Act).

BRISBANE CITY. 1933. City of Brisbane Acts Amendment Act. In the case of the first division into electoral wards, a certificate under the hand of the Principal Electoral Officer, and published in the Gazette, setting forth thc total approximate number of electors whose names are enrolled on the electoral rolls for the electoral districts comprised or partly 'Comprised in the City of Brisbane as at the thirtieth day of September, one thousand nine hundred and thirty-three, shall be ,conclusive evidence of such total number of such electors whose names are so enrolled; and in the case of any subsequent division such certificate setting forth the approximate enrolment on the thirtieth day of September .of the year immediately preceding the year of any triennial election shall also be conclusive ,evidence of such total number of electors so enrolled. In making the first division into electoral wards 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. The Board shall as soon as practicable- fi.) 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 with the name and boundaries of each electoral ward delineated thereon. 14831

14832 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 GEO. V. No. 13'~ The names and boundaries of the said electoral wards shall forthwith be proclaimed by the Governor in Council in the Gazette, whereupon the said electoral wards shall be the electoral wards of the City for the purposes of the election of the Mayor and aldermen: Provided that the first division into electoral wards: shall not operate until the triennial election to be held during the month of April, one thousand nine hundred and thirty-four. Aldermen to Notwithstanding anything hereinbefore contained,. ~ ~ ~ ~ I office it is hereby declared that the existing Council shall hold conclusion office and continue in office until the conclusion of the ~ ~ I~ ei~ tif~ 4. triennial election to be held in the year one thousand nine hundred and thirty-four." I Repeal of s. 15A. 9. Sectitm 15A of the Principal Act is repealed. Repeal of and new s. 16. Triennial elections. 10. Section sixteen of the Principal Act is repealed and the following new section is inserted in lieu thereof:- "[16.J (1.) The next triennial election of the Mayor and aldermen shall be held on the last Saturday in April one thousand nine hundred and thirty-four, and thereafter in every third year on the last Saturday in April: 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. At the next triennial election to be held in April, one thousand nine hundred and thirty-four, and at every triennial election thereafter, the Mayor and the whole number of aldermen shall be elected. Returning (2.) For the purposes of every election under this officer. Act the Town Clerk shall be the returning officer." Repe&lof and new s. 17. One vote only. 11. Section seventeen of the Principal Act is repealed and the following new section is inserted in lieu thereof :- " [17.J (1.) At an election of Mayor each elector shall have one vote only. At an election of an alderman (other than the Mayor) each elector shall have one vote only.

BRISBANE CITY. 1933. City of Br'isbane Acts Amendiment Act. (2.) For the purposes of the first election held after the passing of *" The City of Brisbane Acts Amendment Act of 1933," and of every triennial election held there- after, it shall be the duty of the returning officer to compile the rolls of voters (herein called the voters' roll) for the electoral wards. The following rules herein shall be observed by the returning officer : - (i.) The voters' roll for each electoral ward for such first election shall consist of the names of all electors enrolled on the electoral roll or rolls pursuant to the Elections Acts of the electoral district or districts or part or parts thereof comprised within the electoral ward concerned and entitled accordingly to be enrolled for such electoral ward as at the thirty-first day of March, one thousand nine hundred and thirty-four. The voters' roll compiled and issued, comprising the names of electors as at the thirty-first day of December, one thousand nine hundred and thirty-three, shall be the principal roll. A supplemental roll shall be compiled and issued comprising the names of an electors enrolled on the electoral roll or rolls pursuant to the Elections Acts of the electoral district or districts or part or parts thereof comprised within the electoral ward concerned, and entitled accordingly to be enrolled for such electoral ward, as at the thirty-first day of March, one thousand nine hundred and thirty-four, and the principal roll and supplemental roll shall be the voters' roll for the electoral wards concerned. (ii.) Each voters' roll in respect of every subsequent triennial election shall, mutatis mutandis, be compiled as is set forth in paragraph one of this section, and to the intent that the thirty-first day of December of the year last preceding such triennial election and the thirty-first day of March in the year of such triennial election shall apply accordingly. (iii.) The voters' roll for the election of Mayor shall not be a separate roll, but shall consist of the whole of the voters' rolls compiled in respect * 24 Geo. V. No. 13 (this Act). 14833

14834 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 GEO. V. No. 13, of the electoral wards and to the intent that the rolls of the electoral wards shall be used for the purpose of the election of .Mayor and constitute such votert;' roll accordingly. (iv.) The voters' roll for each electoral ward shall be in the form prescribed in the electoral . rolls under the *Elections Acts, and shall be a correct alphabetical roll showing the names numbered in regular arithmetical" order, beginning with one, of all electors. (v.) The returning officer shall furnish copies of the voters' roll to any person requiring them on payment of a sum not exceeding two shillings for every copy thereof. (1)i.) The Principal Electoral Officer and all electoral registrars shall, upon the application of the returning officer, place their rolls and all papers, documents, and information in their possession at the disposal of the returning officer, and shall advise and furnish such assistance to such returning officer as may be reasonably required or necessary to facilitate the preparation of voters' rolls or the use of electoral rolls for the compilation of voters' rolls. (3.) The returning officer shall give public notice of 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. (4.) At every triennial election the returning officer shall appoint an assistant returning officer for each electoral ward of the City; and such assistant returning I officer shall, for the purposes of each such election, have . all the powers, authorities, and duties conferred and imposed upon a returning officer under and pursuant to the *Elections Acts. (5.) All the provisions of the *Elections Acts, so far as the same can be applied, shall be applicable to every Blection: * 6 Geo. V. No. 13 and amending Acts, supra, pages 6779 et seq.

BRISBA~ E CITY. 1933. City of Brisbane Acts Amendment Act. 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 *Elections Acts, namely:- (a) Amendments to Section Sixty-nine of the *Elections Acts. The following 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 names of all the candidates for the office of Mayor and of 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 inserted in lieu thereof :- " (6.) The voter shall record his vote by placing the number one in the square 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 may write in 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, or any subsequent number, indicating by such numbers the order in which he desires his vote to be so counted." (b) Amendment to Section Seventy of the *Elections Acts. Subsection two is repealed and the following subsection two is inserted in lieu thereof :- "(2.) The ballot-paper to be used shall be in accordance with the form prescribed in the *Elections Acts: provided that it shall be the duty of the returning officer or the electoral registrar, before issuing the ballot- paper to an elector, to fill in the names of all the candidates for the office of Mayor and of 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. * 6 Geo. V. No. 13 and amending Acts, supra, pages 6779 et seq. X 14835

14836 BRISBANE crEY. City of Brisbane Acts Amendment Act. 24 Gm. V. ~ o. 13, The voter shall record his vote by placing the number one in the square 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 elector may write in 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, or any subsequent number, indicating by such numbers the order in which he desires his vote to be so counted." (c) 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 office of Mayor and the names of all the candidates for the electoral ward if not already printed thereon." In paragraph (iv.) of subsection five, the words. " vote by writing on the second page of the ballo·t-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 a,re more than two candidates the voter may write in 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, or any subsequent number,. indicating by such numbers the order in which he desires. his vote to be so counted." (d) Regulations and Forms. Any regulations and forms under the *Elections Acts 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. " * 6 Geo. V. No. 13 and amending Acts, supra, pages 6779 et seq.

BRISBANE CITY. 14837 1933. City of Brisbane Acts Amendment Act. 12. Section eighteen of the Principal Act is repealed Repeal of and the following new section is inserted in lieu : ~ t8~ ew thereof:- "[18.J (1.) When an extraordinary vacancy arises Ex~ ra- in the office of Mayor, the Vice Mayor shall by virtue ~ ~ ~ : : ~ ~ s. of his office become the Mayor, and subject to this Act Mayor. ~ he shall hold office until the conclusion of the next triennial election. (2.) When an extraordinary vacancy arises in the Alderman. office of alderman (other than the Mayor) a separate election by the electors of the electoral ward in which such vacancy has arisen shall be held to fill such vacancy. The election shall be held on a Saturday to be appointed by the returning officer within one month after the occurrence of such vacancy: Provided that, if any such extraordinary vacancy occurs within four months before the triennial election, such extraordinary vacancy shall not be filled. 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 electoral roll or rolls for such ward not later than seven clear days before the day of nomination for such election. (3.) If the Vice Mayor vacates his office as an Vice Mayor. ordinary alderman, whether by promotion to the office of Mayor or otherwise, an extraordinary vacancy in the office of alderman shall be deemed to have arisen and the Council shall, as soon as may be after the election of an alderman to fill such vacancy, appoint from amongst the aldermen (other than the Mayor) a person to be . Vice Mayor. Subject to this Act the Vice Mayor so appointed shall hold that office until the conclusion of the next triennial election. If within twenty-one days no such appointment is made, the Governor in Council may appoint an alderman (other than the Mayor) to be Vice Mayor, and the alderman so appoi: ~ .ted shall be deemed to have been duly appointed by the Council."

14838 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 Goo. V. No. 13, 6 aRn . e 1 dp 9 en . aelwof and 1 t 3 h . e Sefocltlioown innignetneeewn ofstehcetioPnrinicsipainl sAecrtteids rienpeallieeud thereof :- Governor in "[19.] If at the time prescribed or appointed for Coun.cil may holding an election- appowt Mayor or ( a) No election is held; or aldermen when none (b) No candidate is nominated for the office of elected. Mayor or of alderman for an electoral ward, the Governor in Council may appoint a person qualified under section seven of this Act to be Mayor or such qualified person to be an alderman to fill the vacancy which ought to be filled at such election, and the person appointed as Mayor shall be deemed to have been duly elected Mayor at such election, and every person appointed an alderman shall be deemed to h~ ve been duly elected at such election for the electoral ward in respect of which he was so appointed." Amendment 14. The following provision is added to section coofnsc.lU20S.I;on twenty of the Principal Act • ·- of e~ection of " (4.) The election to be holden in April, one AprIl, 1934. thousand nine hundred and thirty-four, shall be concluded when the names of the Mayor and aldermen elected shall be published in the Gazette, and on such publication the Mayor and aldermen so elected shall assume office." Repeal of ss. 15 Sections 20A and 20B, including the sub- 20A. and 20B·h ea din g ' s prm . t ed·m 1 ·ta1 l · OS, 0 f the p r . mC . lpa1 Actare repealed. Repeal of 16. Section twenty-two of the Principal Act is asn. 2d2n. ew repealed and the following new section is inserted in lieu thereof, namely :- Remunera- tion of Mayor and Vice Mayor. " [22.] (1.) Except as provided in this section- (a) The Mayor shall be entitled to receive from the City Fund a salary at the rate of one thousand pounds per annum; (b) In addition to such salary, the Mayor shall be entitled to receive such allowance for expenses as the Council may from time to time determine; (c) The salary of the Mayor shall be payable to the Mayor monthly from the commencement of his offic~ until it becomes vacant.

BRISBANE CITY. 148: ~ ! ) 1933. City of Brisbane Acts Amendment Act. (2.) During such time as the Mayor is prevented by absence, illness, or otherwise from performjng any duty of his office, the Vice Mayor shall (in addition to his salary as alderman) be entitled to receive such salary as the Counci1 may in the circumstances determine. . Any such salary to the Vice Mayor shall, unless otherwise determined by the Council, be deducted from the salary of the Mayor." 17. Section twenty-three of the Principal Act is Repeal of repealed and the following new section is inserted in lieu : ~ ~ 3~ ew thereof, namely :-- " [23. ] (1.) Every alderman shall be entitled to receive ~emunera­ from the City Fund a salary at the rate of three hundred ! l~ ~ r: en. pounds per annum. (2.) Every such salary to an alderman shall be payable monthly from the commencement of his office until it becomes vacant." 18. Section twenty-five of the Principal Act is Repeal of repealed and the following new section is inserted in s a . n 2 d 5 n . ew lieu thereof :- " Town Clerk. [25.J There shall be a Town Clerk, to be appointed Town Clerk. by the Council." 19. Section 36A of the Principal Act is repealed Repeal of subject, however, to the provision that the Executive s. 36A. Committee constituted by the said section 36A shall continue in the exercise of the duties and responsibilities conferred upon it until the conclusion of the triennial election to be held in Apri1, one thousand nine hundred and thirty-four. 20. Section 36B of the Principal Act is repealed and Repeal of the following new section is inserted in lieu thereof, ~ ~ t6~ ~ w namely:- "[36B.J For the purposes of appeals against theAp~eals valu~ t!on of land within the City of Brisbane, the ~ ~ ~ ! ~ Lni' t. provIsIOns of sections two hundred and twenty-seven to two hundred and thirty-one of Subdivision Ill. of Part X. of *" The Local A ,/{'thorities Acts, 1902 to 1932" (or any Act amending or in substitution for the same), shall for all purposes, mutatis mutandis, apply and extend and be observed and have full effect accordingly : * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seg.

14840 BRISBA~ E OrfY'. City of Bl'isbane Acts Amendment Act. 24 GEO. Y. No. 13, Provided, however, the Valuation Court, and/or the determination of any question referred to under section two hundred and thirty of *" The Local Authorities Acts, 1902 to 1932" (as so applied), shall be constituted and/or determined, as the case may be, by a police magistrate sitting alone: Provided also, that all appeals against valuations pending on the passing of t" The City of Brisbane Acts Amendment Act of 1933 " shall be subject to the provisions of this section: Provided further, that where the hearing of any appeals at the passing of t" The City of Brisbane Acts Amendment Act of 1933" has actually commenced, pursuant to the provisions of t" The City of Brisbane Acts, 1924 to 1930," and such appeals are part heard, such appeals shall continue to be heard and determined by such Valuation Committee and the provisions of this section shall not apply; but the provisions of section 36B of t" The City of Brisbane Acts, 1924 to 1930 " (including provisions as to appeals to the Land Court thereunder), shall apply." Amendment- 21. The following words are added to section <>f s. 42. forty-two of the Principal Act, as follows: "or for the purpose of redeeming, renewing, or converting any loan." A< >fm s. en4d4m. ent forty 2 -f 2 o . urTohfe tfhoelloPwriinngcifpuarlthAecrt, praosvfiosonoiswasd:d-ed to section Interest on " Provided further, that when any rates are unpaid - roatv. eersd. ue on the thirtieth day of June next or on the thirty-first day of December next after the same became due and payable, such rates shall thereafter bear interest at such rate of interest as the Council may by ordinance from time to time determine, but not exceeding the rate of five pounds per cent-um per annum, calculated at simple interest, and such interest shall be reco\'-erable in the same manner as rates are recoverable under the provisi.ons of this Act." -- - -- - --- - -~ - ~- - ~- - * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 ct 8cg. t 24 Geo. V. No. 13 (this Act). t 15 Geo. V. No. 32 and 21 Geo. V. No. 45, 8upra, pages, 11140 and 13211.

BRISBANE CITY. 14841 193:3. City of BJ'isbane Acts Amendment Act. - - - ---------- 23. In section forty-five of the Principal Act, after Amen~ment the second paragraph of the said section, the following of s. 40. new paragraph is inserted, namely;- " Any two of such persons present at any meeting {)f the said Trustees shall constitute a quorum." 24 Whereas an Order in Council dated the Validation twenty-fifth day of May, one thousand nine hundred ~ ~ ~ ~ ~ rro~ n and thirty-three, and published in the Gazette of the 25th May, twenty-seventh day of May, one thousand nine hundred ! ; l! ~ i~ ~ to and thirty-three, at page one thousand eight hundred sinki~ g fund and sevent y-seven, was I.ssued purportI.ng t 0 vary certm' n cinonrterIsbpuetcIOt nosf Orders in Council prescribing the existing contributions Brisbane to sinking funds, to the extent that the amount of such f~ ! ~ sC~ ~ dcil contribution for the financial year ending on the thirtieth by the day of June, one thousand nine hundred and thirty-three, ~ ~ ~ : on. -should be one per centum instead of two per centum Savings per annum on' so much of each of the relative loans as ~ : ~~ a~{ a. was, on the date of such Order in Council, held by the Commonwealth Savings Bank of Australia (a copy of which Order in Council appears as a Schedule to Schedule. this Act); And whereas doubts have arisen as to whether such 'Order in Council was promulgated in accordance with the law; And whereas it is desirable to remove all such doubts and to make further provision herein, it is hereby declared and enacted as follows ;- (1.) Notwithstanding anything contained in the Validatio~ ·Pn· nCl.pa I Ac otr'In any Act or I aw or ru I e or process 0 f CofouOnrcdiel ro I f II law to the contrary, the Order in Council of the 25th May. twenty-fifth day of May, one thousand nine hundred i! !~ c~~ f and thirty-three, and published in the Gazette of the year -twenty-seventh day of May, one thousand nine hundred 1932-33. and thirty-three, at page one thousand eight hundred and seventy-seven, as hereinbefore referred to, and as set forth in the Schedule to this Act, is approved, adopted, authorised, ratified, confirmed, and validated, and all matters and things done or performed under or pursuant to the said Order in Council prior to the passing of this Act, or to be done or performed under or pursuant to the said Order after the passing of this Act, are hereby approved, adopted, authorised, ratified, confirmed, and -validated, and are and shall be valid and effectual for all purposes whatsoever.

14842 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 Gm. V. No. 13, ---- - - - ------- - - - ------------------ Validation (2.) Full authority, power, and jurisdiction is hereby CofouOnrcdielrtoin conferred upon the Governor in Council to issue any be issued in Order in Council of like or similar nature or effect in rfiensapneccitalof respect of sinking fund contributions for the financial year year ending on the thirtieth day of June, one thousand 1933-34. nine hundred and thirty-four, in respect of so much of such aforesaid loans as shall be on the date of the issue of such Order in Council held by the Commonwealth Savings Bank of Australia, and any such Order in Council hereafter issued and containing such necessary amendments, adjustments, additions, provisions, and stipulations as may be prescribed or set forth therein for or in respect of such financial year ending on the thirtieth day of June, one thousand nine hundred and thirty-four,. shall and is hereby approved, adopted, authorised, ratified, confirmed, and validated and is and shall be valid and effectual for all purposes whatsoever, and the aforesaid provisions, mutatis mutandis, shall apply and extend to such Order in Council to be issued accordingly. THE SCHEDULE. ORDER IN COUNCIL. At the Executive Buildings, Brisbane, the twenty-fifth day of May, 1933. Present: The Deputy Governor, acting for and on behalf of His Excellency the Governor, in Council. WUEREAS by an Order in Council made under *" The LocaJ Authorities Acts, 1902 to 1924," on the seventh day of April, one thousand nine hundred and twenty-five, and published in the Government Gazette of the seventh day of April, onc thousand nine hundred and twenty-five, amendments were made in respect of certain debentures (therein described as the Md. debentures) to an Order in Council dated the twenty-ninth day of June, one thousand nine hundred and twenty-three, authorising the Council of the City of Brisbane to borrow a sum not exceeding one million pounds, of which sum the amount to be represented by the said Md. debentures was a part: And whereas the aforesaid amendments provided for the establishment of a sinking fund to meet the principal sum of the said Md. debentures, such sinking fund being created by the pay- ment of such equal annual sums in each year as would represent two per centum of the total value of Md. debentures issued: * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. (See Alphabetical Table).

BRISBAXE CITY. 1933. City of Brisbane Acts Amemdntent Act. And whereas by an Order in Council made under *" The Local Authorities Acts, 1902 to 1924," on the seventh day of April, one thousand nine hundred and twenty-five, and published in the Government Gazette of the seventh day of April, one thousand nine hundred and twenty-five, the Council of the City of Brisbane was authorised to borrow a sum not exceeding five hundred and thirty thousand pounds by the sale of debentures upon terms which included the establishment of a sinking fund by the payment of such equal annual sums in each year as represented two per centum of the total amount of five hundred and thirty thousand pounds: And whereas by an Order in Council made under tu The Metropolitan Water S1lpply ancl Sewcrage Acts, 1909 to 1923," on the twenty-sixth day of February, one thousand nine hundred and twenty-four, and published in the Govel'nment Ga.zette on the twenty-sixth day of February, one thousand nine hundred and twenty-four, permission was granted to the Metropolitan Water Supply and Sewerage Board to borrow a sum of five hundred thousand pounds by the sale of debentures or the issue of inscribed stock subject to certain conditions, one of which was that a sinking fund at the rate of two per centum per annum was to be provided by the said Board for the redemption of the said debentures and/or inscribed stock: And whereas by tU The City of Brisbane Act of 1924" the City of Brisbanc and the Council of the City of Brisbane were abolished and all the property, ri.ghts, liabilities, obligations, contracts, and engagements of the said Council were transferred to Brisbane City Council created under the said Act, and certain trustees of the City Debt Redemption Fund were established and provision was made that every sinking fund should be vested in and administered by the said trustees: And whereas by virtue of an Order in Council made under section fifty-one of tU The City of Brisbanc Act of 1924" on the twenty-eighth day of March, one thousand nine hundred and twenty-eight, and published in the Government Gazette of the twenty-eighth day of March, one thousand nine hundred and twenty-eight, the aboven::eutioned Metropolitan Water Supply and Sewerage Board was dissolved on the second day of April, one thousand nine hundred and twenty-eight, and thereupon all rights, liabilities, oibligations, contracts, and engagements of the dissolved Board then existing became vested in and attached to and might be enforced by or against Brisbane City Council: And whereas by an Order in Council made under tU The City of Brisbane Act of 1924" on the fourteenth day of May, one thousand nine hundred and twenty-six, and published in the Government Gazette of the twelfth day of June, onc thousand nine hundred and twenty-six, Brisbane City Council was authorised to borrow a sum not exceeding five hundred thousand pounds by the sale of inscribed stock, and it was directed that for the purpose of meeting the principal sum of the inscribed stock or other equivalent security subsequently issued in lieu thereof a sinking fund should * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et 8eq. (See Alphabetical Table). t 9 Edw. VII. No. 12 and amending Acts, 8upra, pages 7281 et seq. t 15 Geo. V. No. 32, 8upra, page 11140. 14843

14844 BRISBANE CITY. City of Brisbane Acts Amendment Act. 24 GEO. V. No. 13, 1933. be established !by the payment by the Council to the trustees of the City Debt Redemption Fund of equal yearly sums of two per centum per annum of the said principal: And whereas owing to the present financial stringency Brisbane City Council desires a measure of temporary relief from all the aforesaid payments into sinking funds: And whereas the Commonwealth Bank of Australia has intimated to the said Council that it will raise no objection to arrangements being made for a reduction of fifty per cent. in the sinking fund instalments payable during the current financial year in respect of fixed loans held by the Commonwealth Savings Bank of Australia: Now, therefore, the Deputy Governor, acting for and on behalf of His Excellency the Governor, and by and with the advice of the Executive Council, doth hereby order and direct that each and every of the abovementioned Orders in Council is hereby varied to the extent that Brisbane City Council may during the current financial year ending on the thirtieth day of June, one thousand nine hundred and thirty-three, pay to the trustees of the City Debt Redemption Fund an amount of one per cent. instead of two per cent. in respect of so much of each of the aforesaid loans as is on the date of this Order in Council held by the Commonwealth Savings Bank of Australia, but in respect of the remainder of each of the said loans the sinking fund payment shall remain at two per cent. And the Honourable the Home Secretary is to give the necessary directions herein accordingly. G. W. WATSON, Clerk of the Council. CITY OF BRISBANE ACTS AMENDMENT. See BRISBANE CITY. LOCAL AUTHORITY. See BRISBANE CITY. METHODIST AND PRESBYTERIAN SCHOOLS ASSOCIATION. See RELIGIO~ . NERANG RIVER BRIDGE. See BRIDGES. PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION. See RELIGION.