City of Brisbane Financial Emergency Act of 1939 (3 Geo Vi No. 9) (Qld)

BRISBANE. 3 GEO. VI. No. 9, 1939. City of Brisbane Financial Emergency Act. 17831 An Act to Make Provision to Meet the Financial 3 G N E o O . . 9. VI. Emergency Presently Existing in Respect CIT T Y HE OF of the City of Brisbane. BRISBANE FINANCIAL EMERGENCY ACT OF [ASSENTED TO 2ND NOVEMBER, 1939.] 1939. W HEREAS, pursuant to *" The City of Brisbane Acts, Preamble. 1924 to 1937," Brisbane City Council duly framed and adopted a Budget for the year commencing on the first day of July, one thousand nine hundred and thirty- nine, and duly made rates and/or charges founded thereon, and whereas, by reason of the present War, the said Council is unable to raise all of the moneys provided for in certain of the estimates included in the said Budget- Be it therefore enacted by the King'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. This Act may be cited as " The City of Brisbane Short title Financial Emergency Act of 1939," and shall be read and . and construed with *" The City of Brisbane Acts, 1924 constructIOn. to 1937" : Provided that so far as may be necessary to give full operation and effect to this Act, *" The City of Brisbane Acts, 1924 to 1937," shall be so read and construed subject to this Act. 2. Every provision of this Act shall have operation Operation and effect notwithstanding anything contained in *" The of Act. City of Brisbane Acts, 1924 to 1937," or in any other Act or law, rule, practice, or process of law, or judgment or order pronounced or made by any court of competent jurisdiction. 3. In this Act any term to which a meaning is Meaning of assigned by *" The City of Brisbane Acts, 1924 to 1937," terms. shall, unless the context otherwise indicates or requires, have the meaning so assigned to it. 4. (1.) The Brisbane City Council shall, subject as Fresh hereinafter provided- Budget for (i.) Revoke the Budget (including the separate ~ ~: ~ c~ ~ 139. budgets for the City Fund and the Loan 1940. v. * 15 Geo. No. 32 and amending Acts, supra, pages 11140 et seg.

17832 BRISBANE. City of Brisbane Financial Emergency Act. 3 GEO. VI. No. 9, Fund) framed and adopted by it prior to the passing of this Act for the year com- mencing on the first day of July, one thousand nine hundred and thirty-nine; and (ii.) Frame and adopt a fresh Budget (including a fresh budget for the City Fund and a fresh budget for the Loan Fund) for such year. (2.) In framing and adopting the fresh Budget the Council shall make provision in the separate budget for the City Fund for all expenditure incurred, or to which the Council was legally committed, before the framing of the fresh Budget, and which in the revoked Budget was provided for in the separate budget for the Loan Fund but in respect of which the Council has been unable to raise loans. (3.) Before the fresh Budget framed by the Council is adopted it shall be submitted for the approval of the Auditor-General who, before approving of same, shall be reasonably satisfied that such fresh Budget complies with the requirements of this Act. (4.) If at any time after the fresh Budget herein- before referred to has been framed and adopted, the Council satisfies the Auditor-General that it can obtain moneys by way of loan for the purpose of any function, work, or undertaking, expenditure in respect of which has not been provided for in such fresh Budget, the Auditor-General may authorise the Council to make, and thereupon the Council may make, a further fresh budget for the Loan Fund, but the expenditure provided for in such further fresh budget shall not exceed the amount of the loan which the Council has satisfied the Auditor-General can be obtained by it. Rates and/or charges for financial year 1939- 1940. Provisions relating to fresh Budget. 5. (1.) The Council shall make and levy rates and/or charges for the year commencing on the first day of July, one thousand nine hundred and thirty-nine, which rates and/or charges shall be founded on and be sufficient in amount to balance the separate fresh budget i for the City Fund for such year. (2.) The Council shall revoke every rate and/or charge founded on the revoked Budget and made by it for the year commencing on the first day of July, one thousand nine hundred and thirty-nine.

;1939. BRISBANE. C~ ty of Brisbane Financial Emergency Act. 17833 (3.) Every rate and/or charge founded on the fresh budget for the City Fund and made and levied by the Council accordingly may be so levied at one and the same time for the whole of the year commencing on the first day of July, one thousand nine hundred and thirty-nine, or from time to time for different periods of such year. (4.) If the Council has levied any revoked rate and/or charge prior to its revocation under this Act for the year commencing on the first day of July, one thousand nine hundred and thirty-nine, or any period thereof, such levy shall, notwithstanding such revocation, be, and be deemed to have always been, a valid and lawful levy of part of the rate and/or charge founded on the fresh budget for the City Fund and made and levied accordingly, and the amount thereof shall be payable by and recoverable from any person legally liable to pay same prior to such revocation: Provided that when any rate and/or charge in respect of which a levy as aforesaid has been made prior to the passing of this Act is increased in amount by reason of founding such rate and/or charge on the fresh budget for the City Fund and making and levying same accordingly, then the amount of such increase shall be payable by and recoverable from the person legally liable to pay the rate and/or charge concerned. 6. Subject to this Act all of the provisions of *" The City of Brisbane Acts, 1924 to 1937," excepting subsections one and five of section forty-one thereof, shall apply and extend with respect to the fresh Budget to be framed and adopted by the Council under this Act, and with respect to every rate and/or charge founded on such fresh Budget and made and levied accordingly. 7. The Budget framed and adopted by the Council Ratification. for the year commencing on the first day of July, one thousand nine hundred and thirty-nine, shall continue to be the Budget of the said Council for that year until the same is revoked under this Act, and all disburse- ments made, and all acts, matters, and things done and executed in pursuance of the said Budget during the period while it so continued to be in force shall be, and be deemed to have always been, valid and lawful. * 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seg.