Electricity (Continuity of Supply) Act Amendment Act 1985 (Qld)

187 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1985 An Act to amend the Electricity ( Continuity of Supply) Act 1985 in certain particulars [ASSENTED TO 28TH MARCH, 1985]

188 Electricity (Continuity of Supple) Act Amendment Act 1985, No. 13 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 . This Act may be cited as the Electricity (Continuity of Supple) Act Amendment Act 1985. 2. Principal Act and citation as amended . (1) In this Act the Electricity (Continuity of Supply) Act 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Electricity (Continuity of Supply) Act 1985. 3. Amendment of s. 5 . Obstruction or harassment prohibited . Section 5 of the Principal Act is amended by, in subsection (1)- (a) inserting in paragraph (b), after the words "person or persons or", the words "who is"; (b) inserting in paragraph (c) (ii). after the words "person or persons or", the words "his or her". 4. New ss. 5A and 5B . The Principal Act is amended by inserting after section 5 the following sections:- "SA. Power of arrest with respect to s. 5 . A member of the police force may arrest without warrant any person- (a) found by him committing an offence against section 5; (b) whom he believes on reasonable grounds has committed an offence against section 5. 5B. Power to require name , address, etc . (1) A member of the police force who- (a) finds a person committing or believes on reasonable grounds that a person has committed an offence against section 5: (b) is making inquiries or investigations with a view to establishing whether or not an offence has been committed against section 5 by any person; (c) finds a person in the company of a person referred to in paragraph (a); (d) is of the opinion that the particulars of a person's- (i) name; (ii) address; and (iii) date of birth or any of those particulars are required for the proper enforcement of the provisions of section 5; (e) arrests a person in the exercise of a power conferred by this Act

Electric/ti (Continuity of Supply) Act Amendment Act 1985, No. 13 189 may require that person to state particulars of his name or her name, address and date of birth or any of those particulars and, where he suspects on reasonable grounds that any of the particulars stated are false, may require evidence of the correctness thereof. (2) A person required under this section to state his or her name . address and date of birth or any of those particulars who- (a) refuses or fails to state forthwith any such particulars; or (b) states any false particulars is guilty of an offence and is liable to a penalty not exceeding 5500. (3) A person required under this section to produce evidence of the correctness of any particulars who- (a) refuses or fails to produce that evidence: or (b) produces false evidence with respect to those particulars is guilty of an offence and is liable to a penalty not exceeding 5500. (4) A member of the police force may arrest without warrant am person who. when required under this section to state his or her name . address and date of birth or any of those particulars or to produce evidence of the correctness of any such particulars, refuses or fails to do so or states a name, address or date of birth or produces evidence that in the opinion of the member of the police force is false.". 5. New s . 9A. The Principal Act is amended by inserting after section 9 the following section:- "9A. Evidentiary provisions . In any proceedings under or for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Elcctricit} Commissioner or of the General Manager of an Electricity Board: (b) a signature purporting to be that of a person in a capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; (c) a certificate purporting to be signed by the Electricity Commissioner or, as the case may be, the General Manager of an Electricity Board certifying that on a specified date or during a specified period a person named therein was employed by the Queensland Electricity Commission or, as the case may be, the Electricity Board in question to perform duties specified therein shall be evidence and, in the absence

190 Electricity (Continuity of Supply) Act Amendment Act 1985, No. 13 of evidence to the contrary, conclusive evidence of the matters contained in the certificate; (d) a certificate purporting to be signed by the Electricity Commissioner certifying that on a specified date he gave a direction pursuant to this Act to a person named in the certificate and identifying the direction so given shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate.".