Driving Training Centre Act 1981 (Qld)

1084 (QUInus1 utb ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 109 of 1981 An Act to provide for the establishment of a Driving Training Centre at Mount Cotton and for purposes incidental thereto [ASSENTED TO 16TH DECEMBER, 1981]

Driving Training Centre Act 1981, No. 109 1085 BE IT ENACTED by the Queen'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. Short title and citation . This Act may be cited as the Driving Training Centre Act 1981. 2. Interpretation . In this Act, save where a contrary intention appears- " Centre " means the Driving Training Centre established under section 3 of this Act; " Committee " means the Management Committee established under section 6 of this Act; " Fund " means the Driving Training Centre Fund established under section 13 of this Act; " Instructor " means a person appointed under this Act to train those persons prescribed in the driving of motor vehicles and matters associated therewith; "Minister" means the Minister for Police or other Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the functions of the Minister. 3. Establishment of Centre. (1) There shall be established on Reserve Number R.2714 in the County of Stanley Parish of Mackenzie a Centre for the purpose of conducting for those persons or classes of persons prescribed such driving training programmes as are considered appropriate in the interests of road safety generally including training in the driving of motor vehicles and matters associated therewith. (2) The training of those persons or classes of persons prescribed under subsection (1) who are not members of the Police Force of Queensland on Reserve Number R.2714 for the purposes of this Act is deemed to be a " police purpose " for the purposes of the Land Act 1962-1981. 4. Name of centre . The Centre shall be known as the Driving Training Centre. 5. Particulars of Reserve . Reserve Number R.2714 at Mount Cotton, mentioned in section 3 has been reserved and set apart as a Reserve for Police Purposes and is specified on page 159 of the Government Gazette of the eleventh day of September 1976 and shown on plan S1.8163 deposited in the office of the Surveyor-General of this State. 6. Constitution of Committee . There shall be constituted a Committee under the name and style " Driving Training Centre Management Committee ". 7. Members of Committee . The Committee shall consist of the Commissioner of Police, the Commissioner for Transport and the Commissioner of Main Roads.

1086 Driving Training Centre Act 1981, No. 109 8. Delegation . (1) A member of the Committee may from time to time, in relation to any matters or class of matters, by instrument in writing under his hand, delegate all or any of his powers, functions. authorities and duties under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers. functions, authorities and duties may be exercised or performed, as the case may be, by the delegate with respect to the matters or class of matters specified in the instrument or delegation. (2) A member of the Committee may, at his will, revoke a delegation made by him under this subsection. No delegation shall prevent the exercise of any power, function or authority, or the performance of any duty by the said. member. (3) A member of the Committee may make such and so many delegations under this subsection and to such number of persons, as he may consider necessary or desirable. (4) Any delegation under this subsection may be published in the Gazette and upon such publication shall be judicially noticed. 9. Chairman . The Commissioner of - Police or his delegate shall be Chairman of the Committee. 10. Meetings of Committee . (1) The Committee shall meet as often as is necessary for the due administration of this Act, and at such times and places as it thinks fit, and shall conduct its business in such manner as may be prescribed or, in so far as it is not prescribed, as it may from time to time determine. (2) A majority of the number of members of the Committee for the time being shall form a quorum at any meeting of the Committee, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Committee and shall have and may exercise all of the- powers, authorities and functions, and may perform all of the duties of the Committee. The decision of a majority of the members present at any meeting at which there is a quorum shall be the decision of the Committee. (3) The Chairman shall preside at all meetings of the Committee at which he is present. If the Chairman is absent from any duly convened meeting , the delegate of the Chairman shall preside at the meeting. If both the Chairman and his delegate are absent from any duly convened meeting the members present shall appoint one of their members to preside at the meeting. ' (4) The person presiding at any meeting of the Committee shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. 11. Restrictive employment provisions . A provision of an Act that requires an employee to devote the whole of his time to his employment or that prohibits him from engaging in other employment shall not

Driving Training Centre Act 1981, No. 109 1087 apply so as to prejudice the employee holding office as a member of the Committee or as a delegate of any member of the Committee. 12. Functions of Committee . The functions of the Committee are to provide for the planning, development and management of the Centre for the purposes referred to in section 3 and to that end- (a) to formulate appropriate programmes for submission to the Minister; (b) to implement such programmes as are submitted by it to, and approved by, the Minister; (c) to keep under continuous review the planning, development and management of the Centre and, with respect thereto, to make to the Minister such recommendations as the Committee thinks fit; (d) to perform such other matters of an investigative or advisory nature as are committed to it by the Minister; (e) to determine in which circumstances fees and charges should be levied on users of the Centre and the amount of those fees and charges; (f) to appoint such instructors, officers and employees as the Committee deems necessary for the effectual administration of the Act. 13. Driving Training Centre Fund . (1) There shall be established and kept at the Treasury in the public accounts a fund of the Trust and Special Funds called the " Driving Training Centre Fund ". (2) Subject to subsection (3), there shall be paid into the Fund, all moneys- (a) collected and, received up to and including the 30th June, 1981 by the Commissioner of Main Roads from the issue of number plates Type J as prescribed under Schedule I Part 11 of the Regulations made under the Main Roads Act 1920-1979 and described in Regulation 17A (13) of that Act (hereinafter in this section called " personalised number plates "), the payment of which moneys is hereby authorized: and (b) collected and received by the Commissioner of Main Roads from time to time from and including the 1st July, 1981 from the issue of personalised number plates , the payment of which moneys is hereby authorized; (c) received by the Centre by way of donations, bequests, legacies, grants and contributions; (d) arising from or out of any sift or devise of real property received by or vested in trustees for the Centre; and (e) received by the Centre for the purposes for which the Fund is established. (3) Notwithstanding the provisions of subsection (2) the Commissioner of Main Roads may deduct and retain from the amounts

1088 Driving Training Centre Act 1981, No. 109 of moneys payable into the Fund pursuant to the provisions of subsection (2) (a) and subsection (2) (b) an amount equal to- (a) the amount of costs and expenses, certified in writing by the Commissioner of Main Roads and confirmed by the Committee in writing, incurred in respect of the administration of the Main Roads Act 1920-1979 in relation to the production and issue of personalised number plates up to the 30th June, 1981 and from time to time thereafter: or (b) ten per centum of the amounts of moneys referred to in subsection (2) (a) and subsection (2) (b) collected and received by the Commissioner of Main Roads from the issue of personalised number plates, whichever is the less. (4) The moneys to the credit of the Fund shall be applied as follows:- (a) towards the payment of all expenses necessarily incurred in carrying this _Act into execution and in doing and performing any acts and things which the Committee is by this Act empowered or required to do or perform: (b) towards the payment of any sum due under an agreement lawfully made for the purposes of this Act, or any sum recovered against the Committee by process of law, or any sum which by any order made or purporting to be made under this or any other Act the Committee is directed to pay by way of compensation, damages, costs, fines, penalties or otherwise. 14. Application of Financial Administrationand Audit Act. The Financial Administration and Audit Act1977-1978 shall apply to the Centre, the Committee, the officers and employees of the Centre. and to the financial administration and audit of the Fund and the accounts of the Committee, as if the Centre, the Committee and the employees were a department within the meaning of that Act. 15. Exemptions . The Motor Vehicle Driving Instruction School Act1969 shall not apply in respect of a person who is employed or appointed an instructor under the provisions of this Act whilst that person is engaged in duties connected with a purpose for which the Centre is authorized by this Act to be conducted. 16. Protection of the Commissioner of Police. The Commissioner of Police, as occupier of the premises on which the Centre is conducted. shall not incur any liability in law in respect of death or injury caused to any person upon thosq premises for a purpose for which the Centre is authorized by this Act to be conducted on account of- (a) the condition of those premises: or (b) an act done or an omission made by any person who is not a member of the Police Force of Queensland, unless, in the case referred to in provision (b), the act is done or the omission is made with the agreement or permission of the Commissioner or of a member of the Police Force of Queensland duly authorized to make that agreement or give that permission.

Driving Training Centre Act 1981, No. 109 1089 17. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for and in respect of- (a) all matters that are required or permitted by this Act to be prescribed, (b) all matters concerning the management, operation, control, security and use of the Centre; (c) all matters concerning the employment or appointment of persons for the purposes of the Centre and the terms of their employment or appointment: (d) all matters concerning the conditions of entry of any person or persons on to the Centre, including the form of an indemnity document or other document to be signed by the users of the Centre; (e) all matters concerning the use of the facilities and amenities at the Centre; (f) all matters that in his opinion are necessary or convenient to be prescribed for the proper administration of this Act or for the proper exercise, discharge and performance by the Committee of its powers, functions and obligations; (g) all matters that in his opinion are necessary or convenient to be prescribed to achieve the objects and purposes of this Act. 18. Orders in Council. Section 28A of the Acts Interpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and for the purposes of such application that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act.