City of Brisbane Acts Amendment Act of 1940 (4 Geo Vi No. 19) (Qld)

11. LOCAL. PERSONAL. AND PRIVATE ACTS OF THE PARLIAMENT OF QUEENSLAND. 4° GEORGII VI. BRISBANE. 4 N G o EO . . 19 V . I. An Act to Amend" The City of Brisbane Acts, 1924 THE CITY OF BRISBANE to 1937," in certain particulars. ACTS AlI!ENDMENT ACT OF 1940. [ASSENTED TO 21sT NOVEMBER, 1940.] B E 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 Oity of Brisbane :!truction. Acts Amendment Act of 1940," and shall be read as one with *"The Oity of Brisbane Acts, 1924 to 1937" (herein referred to as the Principal Act), t" The Oityof Brisbane Financial Emergency Act of 1939," and t" The Brisbane Oity Oouncil Business and Procedure Act of 1939." Collective The Principal Act and this Act may collectively be title. cited as " The Oity of Brisbane Acts, 1924 to 1940." Amendments of the Principal Act. Amendments 2. The following amendments are made in section ofs.250. 250 of the Principal Act, namely:- (a) The following paragraphs, numbered (i.a) and (i.b) are inserted after paragraph (i.) of subsection one thereof, namely :- " (i.a) If a vacancy in, or a new office created in, a department of the Ooun cil is filled by the promotion (whether with or without transfer) of an officer of that or another department, any officer employed by the * 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seq. t 3 Geo. VI. No. 9, supra, page 17831. :f: 3 Geo. VI. No. 30, supra, page 11825.

BRISBANE. 18047 4 GEO. VI. No. 19, 1940. Oity of Brisbane Acts Amendment Act. Council who considers himself more entitled to the promotion than the officer who has been promotedmay appeal against such promotion of such other officer to a Board (herein called the "Appeal Board") which shall be constituted for the purpose of such appeal: Provided that an appeal shall not lie-· (a) In respect of a promotion made to an office in the Administrative Division; or (b) By an officer who, having attained the age of sixty-five years, has been continued in the service of the Council: Provided further, that the Administrative Division shall include permanent heads of the departments of the Council and all other officers whose offices the Council from time to time directs to be included in that division. (i.b) An appeal may be made- (a) In the case of an appeal against promotion, on the ground of superior efficiency or equal efficiency and seniority to the officer promoted; or (b) In the case of an appeal in respect of an alleged offence, on the ground of innocence of the charge or excessive severity of the punishment. In the hearing of any appeal on the ground of the . excessive severity of the punishment, the Board shall take into consideration the previous record of the appellant." (b) In paragraph (ix.) of subsection one thereof the words " may confirm or set aside the promotion appealed against or on an appeal in respect of an alleged offence" are inserted after the word" Council." (c) The words "this section 250 of this Act" in subsection three thereof are repealed and the words "paragraph (i.) of subsection one of this section 250 of this Act, but every such person shall have the right of appeal prescribed by paragraph (i.a) of subsection one of this section 250 of this Act" are inserted in lieu of such repealed words. 3. The following subsection, numbered seven, is added Amendment to section thirty-six of the Principal Act, namely :_ of s. 36. " (7.) Notwithstanding anything to the contrary contained in this Act and without limiting the generality· of the power and duty conferred on the Council by this

18048 BRISBANE. City of Brisbane Acts Amendment Act. 4 GEO. VI. No. 19, 1940. section, the Council shall have, and is hereby declared to have always had, full power to make ordinances in relation to the matters mentioned in this section." Amendment 4. The following new paragraph is inserted after OfB.45. the fourth paragraph of section forty-five of the Principal Act~ namely : - "The administration expenses necessarily incurred by the Trustees shall be a charge against the Sinking Funds." Amendment 5. The following paragraph is added to section 47A OfB.47.6.. of the Principal Act, namely : - " Notwithstanding anything to the contrary contained in this Act, the Governor in Council may, on the recommendation of the Auditor-General, from time to time by Order in Council make such rules and give such directions as may be considered necessary generally with respect to the preparation and audit of accounts, and, without limiting the generality of the foregoing provisions of this section (including this paragraph), the Auditor-General shall have all the powers, authorities, and jurisdiction conferred or imposed upon him by *" The Audit Acts, 1874 to 1936," and t"The Local Government Act of 1936 " for the purposes of and in relation to such audit, rules, and/or directions as aforesaid." * 38 Vic. No. 12 and amending Acts, supra, pages 74 et seq. t 1 Geo. VI. No. 1, supra, page 16035.