Electric Light and Power Act Amendment Act of 1933 (24 Geo v No. 32) (Qld)

14588 ELECTRIC LIGHT AND POWER. Electric Light and Power Act Amendment Act. 24 GEO. V. No. 32, DISEASES IN PLANTS. See TOBACCO. DISTRICTS (GRAZING) IMPROVEMENT. See DINGO AND MARSUPIAL DESTRUCTION. ELECTIONS. n., See PART BRISBANE. ELECTRIC LIGHT AND POWER. 24 N G o. eo 3 . 2. V. An Act to Amend "The Electric Light and Power THE Act, 1896," in certain particulars. ELECTRIC LIGHT AND POWER ACT [ASSENTED TO 18TH DECEMBER, 1933.] AMENDMENT B ACT OF 1933. 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. (1.) This Act may be cited as "The Electric acoonfndAstcrtu. ctIOn b D e iff r h e t a a d n a d s P o o n w e e W r . I A th ct * A " mTehnedEmleencttnA . cc L t ~ o . gh f t 19 a 3 n 3 d ," Po a w nd er s A h c a t l , l 1896," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Electric Light and Power Acts, 1896 to 1933." Commence- (2.) tThis Act shall come into force on a date to be ment of Act. proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. * 60 Vic. No. 24, supra, page 702. June t , 1P9ro34c, lapimageed1i4n5)f.orce as from 13th January, 1934 (Gazette, January-

1933. ELECTRIC LIGHT AND POWER. Electric Light and Power Act Amendment Act. 14589 Amendments of the Principal Act. 2. Section three of the Principal Act is amended Amendment as follows :_ of s. 3. The fullo-wing new dofinitions are inserted in the said section after the definition of " Meter" as follows :- " The term" Public Road" means a road which the public are entitled to use, and includes any road dedicated or proclaimed under any Act or law as a public road; The term" Premises" means any building, structure, land, and adjuncts thereto which are rented, leased, or owned by the person or persons concerned." 3. Section four of the Principal Act is amended Amendment as f 0 11 ows:- of s. 4. (a) After the words" this Act," at the end of the first paragraph, the words "or of a license issued by the Minister as hereinafter provided" are added. (b) The word" buildings" in the second paragraph (being the proviso), is repealed and the word " building" is inserted in lieu thereof. 4. The following new section (4A) is inserted after New s. 4A. section four of the Principal Act as follows :- " [4A.] Notwithstanding anything in this Act Lic?nre may or in any Order to the contrary contained, the Minister ~ i~ ~ : : r~ by shall have power and authority to, and may at any time, issue to any owner of a generating plant used by him for generating electricity for use upon his own premises a license authorising such person to supply electricity beyond the building or premises where such electricity is generated: Provided that any such license shall not be issued by the Minister in any Area in which a supply of electricity by an existing Electric Authority is available in any such Area. Every such license shall be for such terms and shall be subject to such conditions as shall be fixed by the Minister and as shall be set forth in the license. Any such license shall be revocable at any time by the Minister by notice in writing to the licensee; and no compensation whatever shall be paid to any such licensee in respect of the revocation of his license, and no claim for compensation against the Minister, or the

14590 ELECTRIC LIGHT AND POWER. Electric Light and Power Act Amendm,ent Act. 24 GEO. V. No. 32, Government, or any officer of the Public Service in respect of such revocation shall be made to or entertained by any Court or tribunal whatever. A licensee may be authorised by the license concerned to supply electricity to one or more specified persons or to one or more specified premises; or a licensee may be authorised by the license concerned to supply electricity generally to all premises up to a specified number and/or within a specified radius from the generating plant: Provided that in no case shall a licensee be authorised pursuant to any such license concerned to supply on the authority of his license any electricity to a point distant more than three hundred yards from the building where the generating plant is installed: Provided further, that any decision of the Minister to grant or refuse any such license under this section shall be in his absolute discretion, and shall be final and conclusivA and without appeal hy any person to any tribunal whatsoever. The provisions of Parts I., Ill., IV., V., VII., VIII., and IX. of this Act shall apply and extend to the supply of electricity in pursuance of any such license, and to the licensee concerned, so far as such provisions are applicable: For the purposes of such application and extension the term" Order" shall be read and construed as if the term" license" were inserted in such provisions and the term" Electric Authority" shall be read and construed as if the term "licensee" were inserted in such provisions." New s. I6A. 5. The following new section is inserted after section sixteen of the Principal Act, as follows :- Returns. "[IBA.] It shall be the duty of an Electric Authority to furnish to the Minister at such times and in such form and manner as the Minister may direct or as may be prescribed such statistics and returns as he may require or which he may consider necessary for the purposes of his powers and duties under this Act. Any Electric Authority neglecting, refusing, or failing to comply with the provisions of this section shall be liable to a penalty not exceeding fifty pounds and to a daily penalty not exceeding two pounds for each day during which the default continues."

ELEOTRIC LIGHT AND POWER. 14591 1933. Electric Light and Power Act Amendment Act. as f 0 6 11 . owSesc: ti-on twenty of the Principal Act is amendedAot;n s. en 2 d 0 m . ent (a) In the first paragraph the words" approved by two or more justices in petty sessions'" are repealed and the words" approved by the Minister" are inserted in lieu thereof. (b) In the second paragraph the words "The justices" are repealed and the words "The Minister" are inserted in lieu thereof. (c) In the third paragraph the words "approved by justices" are repealed and the words" approved by the Minister" are inserted in lieu thereof. 7. Section thirty-eight of the Principal Act is Amendment repealed and the following section is inserted in lieu of s. 38. thereof :- " [38.] When electricity is supplied in any Area ObligatIOn comprised in an Order of an Electric Authority to ~ ~ ectric private persons for reward, then, except insofar as Authority to is otherwise pro vided by the terms of the Order :rtcl;lcity, authorising such supply, every person within such Area shall, on application, be entitled to a supply on the same terms on which any other person is entitled in similar circumstances to a corresponding supply." 8. In section thirty-nine of the Principal Act tlWAmendment word "burner," where it twice occurs, is repealed, and of s. 39, the words" any other consuming device" are respectively inserted in lieu thereof; also after the word "interfere" the words "or be likely to unduly or improperly interfere" are inserted. 9. The following new section is inserted after New section section forty-one of the Principal Act, as follows:- 41A. "[41A.] (1.) Notwithstanding anything to the R~view of contrary in this Act or in any other Act or in any Order prICe. under this Act, the Minister may at any time, or from time to time after the commencement of an Order issued to an Electric Authority under this Act, at his discretion refer to anyone or more competent persons for investigation and report upon any matter concerning the alteration of prices or of the methods of charge stated in the Schedule of the Order concerned or (where so prescribed in any Order in Council) as approved by the Minister, as the case may be.

14592 ELECTRIC LIGHT AND POWER. Electric Light and Pmcer Act Amendment Act. 24 GEO. V. No. 32, Such person or persons shall be appointed by the Governor in Council and shall be deemed to be and to have all the powers, authorities, and protection of a Commission within the meaning of *" The Official Inquiries Evidence Acts, 1910 to 1929." The Governor in Council, in accordance with any report or reports furnished by such person or persons, may in his discretion make an Order varying the prices or methods of charge stated in the said Schedule or so approved as aforesaid, or substituting other prices or methods of charge in lieu thereof; and the prices or methods of charge so varied or substituted shall have effect on and after such day as may be mentioned in the said Order as if they had been stated in the said Schedule or so approved as aforesaid; and the prices and methods of charge for the time being in force may be altered in like manner at any time after the expiration of any or every period of two years or such other lesser period as the Minister may direct after the same were last altered. If the Electric Authority is dissatisfied with the prices and/or methods of charge so varied as aforesaid, such Electric Authority shall have the right of appeal to the Industrial Court constituted under t" The Industrial Conciliation and ArbitrationAct of 1932," and such Court shall thereupon have jurisdiction to hear and determine such appeal, and its decision shall be final and conclusive and without appeal to any other tribunal whatsoever. Upon such appeal such Court shall have all the powers and authorities vested in it as a Court under the laws relating to the jurisdiction of such Court. Application (2.) The provisions of this section shall apply and of section. extend to any Order issued to an Electric Authority whether issued before, on, or after the commencement of t" The Electric Light and Power Act Amendment Act of 1933," and to this extent this section shall have r~ trospect. ive operation accordingly." * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474. t 23 Geo. V. No. 36, 8upra, page 14266. t This Act.

ELECTRIC LIGHT AND POWER. 14593 1933. Electric Light a,nd Power Act Amendment Act. 10. Section forty-two of the Principal Act is Amendment amended as follows :_ of s. 42. (a) The section is renumberedsubsection(l.) of section 42, and such renumbered subsection is amended as follows :-- The words "meter or," where those words twice occur, are repealed. (b) The following new subsection is added to the said section as follows:- " (2.) From and after the commencement of Charge ~ or *" The Electric Light and Power Act Amendment Act Of: ~ ~ b~ ~ ~ . 1933" an Electric Authority shall not make any charge, whether directly or indirectly, and by whatever name such charge is designated, for the hire of any meter. Any Electric Authority offending against the provisions of this section shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty pounds, and to a penalty not exceeding five pounds for every day during which the offence continues." (c) The following additional subsection is also added to the said section as follows:- " (3.) In this section the term "fittings" does not Fittings. include a meter." 11. (1.) Section forty-six of the Principal Act is Amendment amended as follows:- of s. 46. (a) The first paragraph (beginning with the words "When an" and ending wjth the words" by arbitration") is amended as follows:- After the word" District," where that word thrice occurs, the words "or part of such District" are inserted; also after the words "Electric Authority," where those words lastly occur, the words "which are within the Area of any Order and which are" are inserted. (b) In the second paragraph (beginning with the words "The value" and ending with the words "similar considerations") the words "and, if a part only of the undertaking is purchased, to any loss occasioned by severance" are repealed. * This Act.

14594 ELECTRIC LIGHT AND POWER. Electric Light and Power Act Amendm,ent Act. 24 GEO. V. No. 32, (2.) The amendments made by this section to section forty-six of the Principal Act shall apply only to Orders granted to an Electric Authority after the commencement of *" The Electric Light and Power Act Amendment Act -of I fl33." Amendmen 1; 12. (1.) Section forty-eight of the Principal Act is of s. 48. amended as follows :_ (a) After the word "time" the words "make Regulations with respect to the following matters" are repealed and the following words are inserted in lieu thereof, namely :- "make Regulations providing for all or any purposes. whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Such Regulations may provide for the appointment of inspectors and the duties of inspectors, including the inspecting and testing periodically of the electric lines and works of any Electric Authority, the supply of energy given by any Electric Authority, the certifying and examination of meters used or to be used in connection with such supply, and such other duties as may be prescribed. Such Regulations may also from time to time prescribe the fees which shall be payable by an Electric Authority or a consumer for or in respect of the services of an inspector. Without limiting the generality of these provisions, Regulations may be made with respect to the following matters :-" (b) A new clause (3A) is added to the first paragraph as follows :- " (3A.) Returns and statistics to be made and furnished to the Minister and the contents thereof, and the persons (including an Electric Authority) by whom the same shall be made and furnished, and the time and mode of making and furnishing the same." (c) In the second paragraph, beginning with the words "The Governor in Council" and ending with * This Act.

ELEOTRIC LIGHT AND POWER. 14595 1933. Electric Lig'ht and Power Act Amendlment Act. the words " Order in Council," the words "the purpose. of making better provision for the safety of the public as aforesaid" are repealed and the following words are inserted in lieu thereof, namely :-" all or any purposes, whether general or to meet particular cases, that may be convenient for the better administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, without limiting the generality of these provisions, including the purpose of making better provision for the safety of the public." (2.) All Regulations existing at the commencement of *" The Electric Light and Power Act Amendment Act of 1933 "are hereby approved, ratified, and confirmed, and shall remain in full force until the same or any of them are rescinded, amended, varied or added to pursuant to the powers contained in "The Electric Light and Power Acts, 1896 to 1933/' 13. After section forty-nine of the Principal Act New s. 49A. the following new section is inserted, namely : - " [49A.] Where an Electric Authority has been Standard constituted, such Authority shall be required to By-laws. conform to such standard By-laws as shall from time to time be issued by the Department of Public Works and approved by the :Minister. Such standard By-laws shall have the force of law and shall be read as forming part of this Act and shall be observed by the Electric Authority and by all persons concerned. " 14. Section fifty-one of the Principal Act is Amendment amended as follows.:- of s. 51. (a) In paragraph three the word" light" is repealed and the words" other consuming device" are inserted in lieu thereof. (b) In paragraph four the words" Keeps a lamp or light burning" are repealed and the words "Consumes electricity through a lamp or other consuming device" are inserted in lieu thereof. 15. After section fifty-one of the Principal Act the New s. 51A. following section is inserted, namely :- " No test of any meter shall be made by any person Testing unless and until the instruments on such test shall have instruments. been first checked, passed, and sealed by officers of the Public Works Department authorised by the Minister in that behalf. * This Act. G

14596 ELECTRIC LIGH'l' AND POWER-GAS. Gas Act Amendment Act. 24 GEO. V. No. 20, - Any person contravening the provisions of this section shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding twenty pounds and to a penalty not exceeding five pounds for every day during which the offence continues." FINANCIAL EMERGENCY. See HIRE-PURCHASE AGREEMENTS. See LAND, CONTRACTS OF SALE. See MONEY LENDERS. GAS. 24 N G T o E . H O 2 E . 0. v. An Act to Amend "TphaertGl • caus 1 aArcst. of 1916" in certain GAS ACT B. . AMENDMENT ACT OF 1933. [ASSENTED TO 9TH DECEMBER, 1933.] E It enacted by the Kmg's Most Exce 1 lent M .a ' Jesty, 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 GasAct and . Amendment Act of 1933," and shall be read as one with constructlOn. *" T h e G asActof1916' ' (asdamen edbysubsequent 0 r ders in Council), herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Gas Acts, 1916 to 1933." Amendments of the Principal Act. Amendment 2. Subsection three of section five of the Principal of s. 5. Act is amended by deleting therefrom the words" if so required by the Minister." Amendment 3. Paragraph (b) of subsection three of section of s. 7. seven of the Principal Act is repealed. Amendment 4. Section thirteen of the Principal Act is amended of B. 13. as follows:- (a) In paragraph (i.), after the word "motion," the words "may, from time to time," are inserted; also in the said paragraph (i.), after the words "gas may," the words "from time to time" are inserted. * 7 Geo. V. No. 11, 8upra, page 7468.