Civil Defence Acts Amendment Act of 1942 (6 Geo Vi No. 27) (Qld)

306 WAR LEGISLATION. Civil Defence Acts Amendment Act. 6 GEO. VI. No. 27, WAR LEGISLATION. (1) Civil Defence Acts Amendment Act of 1942 .. (2) Jury (War Emergency) Act of 1942 .. .. (3) Leases (War Damage) Act of 1942 .. (4) Local Government (Public Air Raid Shelters) Loans Act of 1942 .. (5) Post-war Reconstruction and Development Trust Fund Act of 1943 .. 6 Geo. VI. No. 27 6 Geo. VI. No. 37 6 Geo. vi. No. 22 6 Geo. VI. No. 31 7 Geo. VI. No. 15 6NGoE.O2. 7V. I. An Act to Make further Provision respecting Civil THE CIVIL DEFENCE Defence Organisations and for that purpose ACTS AMENDMENT to Amend "The Air Raid Wardens Acts, ACT OF 1942. 1939 to 1941," in certain particulars, and for other purposes. [ASSENTED TO 19TH NOVEMBER, 1942.] 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 Oivil Defence and Acts Amendment Act of 1942," and shall be read as one construction with *" The Air Raid Wardens Acts, 1939 to 1941," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Oivil Defence Acts, 1939 to 1942." Title and short titles amended. Amendments of the Principal Act. 2. (1.) In order that the title of *" The Air Raid Wardens Acts, 1939 to 1941," shall succinctly set forth the general object thereof such title is amended by repealing all words therein from and including the words " to authorise" to and including the words " Air Raid" and by inserting the words "to Provide for the Constitution of Civil Defence Organisations, the respective Functions and Duties of such Organisations, and Matters Incidental to or consequent upon the constitution of such Organisations" are inserted in lieu of such repealed words. * 3 G. 6 No. 35 and amending Act. See 1939 Sass. v., pp. 17529 et 3eq.

WAR LEGISLATION. 307 1942. Civil Defence Acts Amendment Act. (2.) In the short title of *" The Air Raid Wardens Act of 1939," and in the short title of t" The Air Raid Wardens Act Amendment Act of 1941," the words " Air Raid Wardens" are repealed and the words "Civil Defence" are inserted in each such short title in lieu of such repealed words. 3. Section two of the Principal Act is amended as Amendment follows :- of s. 2. (a) The following definitions" Air raid," " Air raid warden," and "Building warden" are inserted before the definition "Commissioner" therein, namely:- " " Air raid "-.Includes an enemy attack of any Air raid. kind whatsoever; "Air raid warden "-A person holding a sub- Air raid sisting appointment by the Commissioner as warden. an air raid warden; " Building warden "-An air raid warden who is Building detailed for duty in or upon any building or warden. other place or in or upon railway premises." (b) The definition "Division" is repealed and the following definition "Division" is inserted in lieu thereof, namely:- " " Division "-The area assigned to a particular Division. police station." (c) The following definition "Fire warden" is inserted after the definition "Division" as previously inserted by this section, namely :- " "Fire warden "-An air raid warden who is Fire warden. specially detailed to carry out fire prevention duties." (d) The definition " Period of an air raid" is repealed and the following definition is inserted in lieu thereof, namely:- " " Period of an air raid "-The period from and P. erio~ of an including the time when the air raid warning alr raId. signal is sounded to and including two hours after the time when the raiders passed signal is sounded." * 3 G. 6 No. 35. See 1939 Sess. v., p. 17529. t 5 G. 6 No. 21. See 1941 SeSll. T., p. 266.

308 WAR LEGISLATION. Civil Defence Acts Amendment Act. 6 GEO. VI. No. 27, (e) The following definitions "Public place" and " Road" are inserted after the definition" Prescribed" therein, namely:- Public place. " "Public place "-A public place as defined in *" The Vagrants, Gaming and Other Offences Acts, 1931 to 1938." Road. " Road "-Any street, road, or highway dedicated to the public, and includes any bridge or culvert in or upon any such street, road, or highway, and any bridge used for vehicular traffic, and any laneway or alleyway open to and used by the public whether or not dedicated to public use." (f) The following proviso IS added thereto, namely:- " Provided that anyone or more of these definitions may from time to time be modified by Order in Council or by regulations made under this Act." Amendment 4. Section 2A of the Principal Act is amended, as of s. 2A. follows :_ (a) In the first paragraph of subsection one thereof the words" or other enemy attack" are repealed. (b) Subsection three thereof is repealed and the following new subsection is inserted in lieu thereof, namely:- " (3.) Subject to the Minister, the officer in charge of any civil defence organisation may, and it is hereby declared always was authorised to, appoint the members of such organisation (including the members of every branch, section or part thereof). Every such officer in charge shall cause every such member so appointed by him to be enrolled and, if the manner of enrolment is prescribed by the regulations, cause such enrolment as so prescribed. Where any such officer in charge has (whether before, on, or after the passing of t" The Civil Defence Acts Amendment Act of 1942") caused any such enrolment as aforesaid the member in question shall be deemed to have been appointed by such officer in charge and his name shall remain upon such roll while his appointment subsists." * 22 G. 5 No. 27 and amending Acts. See v. 9, pp. 705 et Beq. t This Act.

1942. WAR LEGISLATION. Civil Defence Acts Amendment Act. 309 (c) The following paragraph is added to subsection five thereof, namely:- "Provided that upon the constitution of any new civil defence organisation at any time after the publication in the Gazette of any such list the Governor in Council may cause the Minister to publish in the Gazette a notice of the constitution of such new organisation and thereupon such organisation shall be deemed to be included in the list last published under this subsection before the date of publication of such notice." of 5. Section three of the Principal Act is repealed Repeal and the following section three is inserted in lieu thereof, and new s. 3. namely:- "[3.] (1.) The Commissioner may, and it is hereby Appoint· declared that the Commissioner always was authorised ; oe: ! r: no~ to, appoint air raid wardens. air raid wardens. The Commissioner shall cause every air raid warden appointed by him to be enrolled and, if the manner of enrolment is prescribed by the regulations cause such enrolment as so prescribed. Where the Commissioner has (whether before, on, or after the passing of *" The Civil Defence Acts Amend- ment Act of 1942 ") caused any person to be enrolled as an air raid warden, such person shall be deemed to have been appointed as an air raid warden by the Commissioner and his name shall remain upon such roll while his appointment subsists. (2.) Every air raid warden shall have and exercise all such powers, authorities, and duties and be subject to such obligations and responsibilities as may be conferred or imposed upon him by this Act or any other Act or law. (3.) When an air raid warning signal is sounded in any city, town, or place, every air raid warden therein shall report for duty forthwith as follows :- (i.) In the case of every air raid warden (other than a fire warden) who is at his residence when such signal is sounded, at the air raid wardens post to which he is attached; or * This Act.

310 WAR LEGISLATION. Civil Defence Acts Amendment Act. 6 GEO. VI. No. 27, (ii.) If he is at his place of employment when such signal is sounded, and is a building warden or a fire warden for such place, at such place of employment; or (iii.) If he is at his place of employment when such signal is sounded and is neither a building warden nor a fire warden for such place, at the air raid wardens post nearest to his place of employment; or (iv.) In the case of every warden other than a fire warden, who is at neither his residence nor his place of employment when such signal is sounded, at the air raid wardens post nearest to which he then is; or (v.) In the case of a fire warden who is not at the place for which he is a fire warden when such signal is sounded- (a) If, according to the roster of fire wardens for such place, such signal is sounded at a time when he is required for duty thereat in the event of an air raid, at such place; or (b) If, when such signal is sounded, he is at his place of residence and is not then required to report for duty in accordance with sub- paragraph (a) of this paragraph, at the air raid wardens post to which he is attached; or (c) If, when such signal is sounded, he is not at his place of residence and is not then required to report for duty in accordance with subparagraph (a) of this paragraph, at the air raid wardens post nearest to which he then is: Provided that notwithstanding the foregoing provisions of this subsection the Commissioner, in the case of the City of Brisbane or the officer of police for the time being in charge of any district or division situated outside the City of Brisbane may instruct any air raid warden or group of air raid wardens to report for duty at a particular air raid wardens post upon the sounding of an air raid warning signal, and every air raid warden who is so instructed or who is a member of

1942. WAR LEGISLATION. Civil Defence Acts Amendment Act. 311 •. such group so instructed shall, when an air raid warning signal is sounded, report for duty forthwith in accordance with such instruction: Provided further that any provision of this subsection may from time to time be modified by Order in Council or by regulation made under this Act." 6. In section four of the Principal Act the words Amendment "upon or any other enemy attack upon the district, of s. 4. division or part of a district or division of a district for which he is appointed" are repealed and the words "or during any other period during which an air raid warden (having been detailed for duty by a person having authority in that behalf) is carrying out his duties as an air raid warden " are inserted in lieu thereof. 7. The following section, numbered 4A, is inserted ~ew s. 4A after section four of the Principal Act, namely :_ inserted. " [4A.] (1.) Where the Commissioner, in the case of Air raid the City of Brisbane, or the officer of police for the time :ar~g & being in charge of a district or division situated outside gn s, c. the City of Brisbane has knowledge or information that an air raid is imminent or where the nature of the knowledge or information had by the Commissioner or any such officer of police is such that he deems it necessary so to do in order to secure the safety of the public, the Commissioner or, as the case may be, such officer of police, shall sound or cause to be sounded an air raid warning signal. (2.) (a) Such air raid warning signal shall be sounded by the operation of sirens (mechanical or manual) or of other suitable apparatus provided in addition to or substitution for sirens. (b) Such sirens or apparatus shall be operated to give for a period of three minutes either fluctuating or wailing blasts (that is to say blasts continually rising and falling in pitch) or intermittent blasts (that is blasts with silent intervals between the blasts). (3.) (a) When danger of or from air raid has passed the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division situated outside the City of Brisbane shall sound or cause to be sounded a signal (called the" raiders passed" signal).

312 WAR LEGISLATION. Civil Defence Acts Amendment Act. 6 GEO. VI. No. 27. (b) Such raiders passed signal shall be sounded by the operation of the aforesaid sirens or other suitable apparatus and such sirens or apparatus shall be operated continually for a period of two minutes at a constant pitch. (4.) In the event of sirens or other apparatus capable of being operated to give signals as hereinbefore prescribed in this section not being available or of such sirens or other apparatus being inoperable when required for the purpose of giving any such signal, any such signal may be sounded in such manner and by means of such apparatus as the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division outside the City of Brisbane, directs. (5.) No person other than the Commissioner, in the case of the City of Brisbane, or the officer of police for the time being in charge in the case of any district or division situated outside the City of Brisbane, or a person thereunto authorised by the Commissioner or such officer of police shall sound or cause to be sounded any such signal as aforesaid. - (6.) Where any person owns or has in his possession any siren (mechanical or manual) or any other suitable apparatus, such person shall, when thereunto directed by the Commissioner or any such officer of police for the time being in charge of any district or division, or by any person authorised by the Commissioner or any such officer, sound the air raid warning signal or the raiders passed signal as prescribed by this section or as directed by the Commissioner or such officer in accordance with this section. (7.) Any person who offends against any provision of subsection five or subsection six of this section shall be liable to a penalty of not more than one hundred pounds or to imprisonment for not more than six months. (8.) Any provision of this section may be modified from time to time by Order in Council or by regulation made under this Act. Amendment 8. (1.) Section five of the Principal Act is amended of s. 5. as follows ;_ (a) In subsection one thereof the words" appointed by the Commissioner" are repealed, the figures " 19:19 " are repealed and the figures " 1941 " are inserted in lieu

1942. WAR LEGISLATION. Civil Defence Acts Amendment Act. 313 thereof, and, in paragraph (ii.) of the said subsection, the words" or during any other enemy attack" are repealed and the words " or during any other period during which he (having been detailed for duty by a person having authority in that behalf) is carrying out his duty as such member" are inserted in lieu thereof. (b) Subsection two thereof is repealed and the following subsection two is inserted in lieu thereof, namely:- "(2.) Where, in accordance with the "National Security (Civil Defence Workers' Compensation) Regula- tions " of the Commonwealth or any regulations or other law of the Commonwealth amending or substituted for such regulations the Commonwealth has provided for the payment of compensation in respect of the death or incapacity of any member of any civil defence organisa- tion constituted by the Governor in Council or of any branch section or part of any such organisation (including any air raid warden) subsection one of this section shall not apply to or in respect of such member and neither such member nor his dependants shall be entitled to (lompensation under *" The Workers' Oompensation Acts, 1916 to 1941 " in respect of his death or incapacity." 9. The words "appointed by him for any district, Amendment division, or part of a district or division; and/or" in of s. 8. subparagraph (a) and all words in subparagraph (b) of sub- section one ofsection eight ofthe PrincipalAct are repealed. 10. Section ten of the Principal Act is amended as Amendment follows :_ of s. 10. (a) Subparagraphs (i.), (ii.), and (iii.) pf the last paragraph of subsection one thereof are repealed and the following subparagraphs are inserted in lieu thereof, namely:- " (i.) Prescribing, controlling, and regulating the powers, duties, conduct, authorities, obliga- tions, and/or responsibilities of the personnel of any civil defence organisation, including air raid wardens, and the discipline of every such organisation; and either generally or during any prescribed period or for any prescribed purposes, including during or for the purpose of training and instruction ; * 6 G. 5 No. 35 and amending Acts. See v. 4, p.834.

314 WAR LEGISLATION. Civil Defence Acts Amendment Act. 6 GEO. VI. No. 27 • (ii.) Prescribing, controlling and regulating the duties, conduct, responsibilities, obligations~ and/or liabilities of the public or of any members or class of members of the public (including members or classes of members of . the public owning, occupying, or in charge or control or apparently in charge or control of any place or vehicle or class of places or vehicles) prescribed in relation to civil defence and ~ ither generally or during any prescribed period or in respect of any civil defence organisation, including air raid wardens; (iii.) Ensuring that every Local Authority ~ Hospitals Board or Committee (being the governing authority of any hospital to which Part IV. of *" The Hospitals Act of 1936" applies), Ambulance Transport Brigade, Fire Brigade Board, Electric Authority, or other corporation, board, or person controlling or operating any public service or public utility will carry out or cause or permit to be carried out, either generally or during any prescribed period or for any prescribed purposes, all such duties, obligations, and/or responsibilities in relation to civil defence as are prescribed and/or as may devolve upon him or it or upon his or its organisation, service, or utility or any part thereof, or upon the personnel or any members of the personnel thereof by reason of the constitution of such organisation, service or utility or part thereof as a civil defence organisation or of the inclusion of such organisation, service or utility or part thereof in any civil defence organisation constituted under this Act or of the enrolment of such personnel or any members thereof in any such civil defence organisation. (iv.) Controlling and regulating the use, both during the period of an air raid and· at other times, by the public of air raid shelters in or upon any street, road, park, or other land under the control of a local authority (including Brisbane * 1 G. 6 No. 4. See v. 3, p. 1050.

WAR LEGISLATION. 1942. Civil Defence Acts Amendment Act. City Council) or constructed in, or upon private property in the area of a local authority (including Brisbane City Council) for the purposes of affording protection for the public, prohibiting members of the public from entering or being in such shelters except during an air raid, and for preventing con- tamination of, or damage to or improper conduct in, any such air raid shelter, and defining such improper conduct; (v.) Establishing, controlling, and regulating air raid wardens posts and posts connected with other civil defence organisations and the use of such posts, and protecting such posts and all air raid shelters provided in connection with such posts (including any such post or air raid shelter in. or upon private property) and all equipment in or upon any such post or shelter, and all other property belonging to or in the possession or control of any civil defence organisation from damage by theft or otherwise; (vi.) All matters required or permitted by this Act to be prescribed in so far as such matters are not required to be otherwise prescribed." (c) Subparagraph (iv.) of the ,last paragraph of subsection one thereof is renumbered (vii.). (d) The following subsections (lA) and (lB) are inserted after subsection one thereof, namely:- "(lA.) Any regulation may prescribe that the provisions thereof or of any other regulation or regulations shall have operation and effect- (i.) During the period of an air raid or during such other period as may be prescribed therein; and/or (ii.) Within such districts, divisions, or parts of districts or divisions as are specified therein. The power to control and regulate shall include power to prohibit. Moreover different regulations may be made in respect of different civil defence organisations. 315

316 WAR LEGISLATION. ---- - - - - - - - - - ~ Jury (War Emergency) Act. 6 GEO. VI. No. 37, Ratification (lB.) All regulations purporting to have been made orefgulatioDs. under the provisions of this Act in force prior to the passing of *" The Civil Defence Acts Amendment Act of 1942," which if made after the passing of such last- mentioned Act would be valid and lawful are hereby ratified and (subject to the power of the Governor in Council to repeal or modify any such regulation) every such regulation shall be, and it is hereby declared always was, valid and lawful." ~ :N G o E . O 3 . 7 V . I. An Act to make Special Provision with respect to J T U H R E Y Juries for the Period during which His (WAR Jl1lBRGENCY) ACT OF 1942. Majesty is Engaged in War. [ASSENTED TO 9TH DECEMBER, 1942.] 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 Jury (War Emergency) Act of 1942." Duration of 2. This Act shall, unless sooner repealed, continue Act. in force until six months after His Majesty ceases to be engaged in war and no longer. Number of jurors in eriminal trial. 3. Notwithstanding anything in t" The Jury Acts, 1929 to 1934," or in any other Act, for the purposes of any criminal trial with a jury the jury shall consist of seven persons : Provided that the preceding provisions of this section shall not apply in relation to the trial of a person on any charge, if the court or a judge thinks fit by reason of the gravity of the matters in issue, to direct that those provisions shall not apply, and shall not in any case apply in relation to the trial of a person on a charge of treason, wilful murder, or murder or any of * This Act. t 20 G. 5 No. 19 and amending Act. See v. 4, pp. 322 et 81!Q.