Fire Brigades Acts Amendment Act of 1956 (5 Eliz Ii No. 8) (Qld)

EROSION, CONTROL OF—FIRE. 5 Euz. II. No. 8, 1956. Fire Brigades Acts Amendment Act. 55 . EROSION, CONTROL OF. An Act to Amend “ The Burdekin Biver Trust Act 5#o.ra24n of 1940 7 ,” in certain * particulars# [A ssented to 28 th N ovember , 1956.] B urdekin R iver T rust A ct A™>“®NT 1956. B E it enacted by the Queen’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:— 1. (1.) This Act may be cited as “ The Burdekin short title. River Trust Act Amendment Act of 1956.” (2.) *“ The Burdekin River Trust Act of 1940,” is Principal in this Act referred to as the Principal Act. Act* (3.) The Principal Act and this Act may be Collective collectively cited as “ The Burdekin River Trust Acts, tltle‘ 1940 to 1956.” 2. Subsection one of section two of the Principal Amendment Act is amended by adding to the definition “ Works ” of s> 2 (1>t therein the following paragraph, namely:— “ The term also includes, and it is hereby declared always included, the clearing and removing of trees, debris, silt and any other obstructions from the bed, or banks, or bed and banks of any river.”. FIRE. An Act to Amend “ The Fire Brigades Acts, 1920 to 6 gg*"- 1931,” in certain particulars. g“2E A cts [A ssented to 29 th O ctober , 1956.] A sa ™ otnt 1956. E it enacted by the Queen’s Most Excellent Majesty, B 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:— 1. (1.) This Act may be cited as “ The Fire Brigades Short title. Acts Amendment Act of 1956.” * 4 G. 6 No. 5.

56 FIRE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, Principal (2.) *“ The Fire Brigades Acts, 1920 to 1931,” are Act‘ in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may he tlte‘ collectively cited as “ The Fire Brigades Acts, 1920 to 1956.” Amendments 2. Section two of the Principal Act is amended— ' " (a) By in the definition “ Contributory company ” repealing the words “ the expenses of a Board under this Act ” and inserting, in lieu of the words so repealed, the words “ the total annual contribution ” ; (6) By in the definition “ Insurance company ” repealing the words “ insuring against loss or damage by fire any property situated within the District ” and inserting, in lieu of those repealed words, the words “ carrying on the business of fire insurance (whether exclusively or in conjunction with any other business and including in particular comprehensive motor vehicle insurance) ” ; and (c) By adding the following definition, namely :— Year. “ “ Year ”—The period of time from and including the first day of July in any one calendar year to and including the thirtieth day of June in the next following calendar year ;”. Amendment 3. Section seven of the Principal Act is amended °f s. 7. by inserting before the word “ SCHEDULE ”, wherever appearing therein, the word “ FIRST ”. The marginal note to that section is amended by inserting after the abbreviation “ Sch.” the figure “ I ”. Amendment 4. Section nine of the Principal Act is amended by ofs.9. repealing the words “and such other officers” and inserting, in lieu of the words so repealed, the words “ a deputy chief officer, and such other officers, firemen and other employees ”; and also by inserting after the words “to such officers” the words “firemen and other employees ”. New s. 9 a 5. (1.) The following section is inserted after section inserted. njnft Gf the Principal Act, namely:— Appeals “ [P a .] (1.) (a) If a vacancy in the position of any promotions of the officers and firemen who comprise the Fire and Brigade or Fire Brigades provided and maintained by punishments. goar(j and whose employment by the Board is * 10 G. 5 No. 23 and amending Acts.

FIRE. 1956. Fire Brigades Acts Amendment Act. permanent and full time, or a new position as such an officer or fireman is filled (whether by the promotion of one of those officers and firemen or by the appointment of a person not theretofore employed by the Board as one of them), any other of those officers and firemen— (i.) Who duly applied for that vacant position or new position; and (ii.) Who considers himself more entitled to that position than the officer, fireman, or other person promoted or appointed thereto, may appeal as provided in the Second Schedule to this Act. (6) Such appeal may be made on the ground of superior efficiency or equal efficiency and seniority to the officer, fireman, or person promoted or appointed. (2.) (a) Any officer or fireman mentioned in subsection one of this section whose employment by the Board is permanent and full time and who for any offence under the by-laws has, by or on behalf of the Board, been punished by being dismissed, fined, disrated, reprimanded, or dealt with otherwise howsoever, may appeal as prescribed in the Second Schedule to this Act. (6) Such appeal may be on the ground of innocence of the offence or excessive severity of the punishment. (c) In any appeal on the ground of excessive severity of the punishment, the Appeal Board shall take into consideration the previous record of the appellant. (3.) This section does not apply to the following positions, namely:— (i.) The positions of secretary, chief officer, and deputy chief officer; (ii.) Any position the duties whereof are clerical; (iii.) Any position the duties whereof are not concerned with the actual work of extinguishing fires, nor to holders respectively of those positions.” (2.) Section 9 a and the Second Schedule to the Principal Act as inserted therein by this Act apply with respect to all appointments made on or after the nineteenth day of September, one thousand nine hundred and fifty-six, and accordingly any and every officer or fireman who would have been entitled to appeal pursuant to the said section 9 a and Second Schedule against 57

58 FIRE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, any such appointment had the same been made after the passing of this Act may do so: Provided that in respect of such an appeal the period of fourteen days specified in clause seven of the said Second Schedule shall begin to run on the date of the passing of this Act. Amendment 6 . (1.) Subsection two of section thirteen of the of s. 13 (2). Principal Act is amended by repealing the words “ the insurance companies ”, where appearing in paragraph (c), and inserting, in lieu of those repealed words, the words “ The Eire Brigades Precepts Trust Fund ”. (2.) The said paragraph (c) as in force immediately prior to the amendment thereof by this section shall continue to apply with respect to all moneys received from insurance companies by the Board in respect of the year commenced on the first day of July, one thousand nine hundred and fifty-six, or any year prior thereto. Amendment 7 . Subsection one of section fourteen of the of s. 14 (i). Principal Act is amended— (а) By repealing the words “ prepare an estimate ” and inserting, in lieu of those repealed words, the words “ prepare and lodge with the Under Secretary of the Department administered by the Minister an estimate ” ; and (б) By repealing the words “ the Local Authority or Local Authorities having jurisdiction within the District, and the insurance companies as hereinafter provided ” and inserting, in lieu of those repealed words, the words “ the component Local Authority or Local Authorities, and The Fire Brigades Precepts Trust Account Repeal of g. Section 14 a of the Principal Act is repealed and, news^UA in lieu of that repealed section, the following sections are and 14 b . inserted, namely : — Liability to “ [24 a .] (2.) This section applies in respect of the contribution year to commence on the first day of July, one thousand to income ofnine hundred and fifty-seven, and each and every year Board. thereafter. (2.) The amount of the difference between the estimates respectively of the expenditure and income of the Board for each and every year as prepared, revised and approved under section fourteen of this Act shall be contributed— (a) As to one-seventh part thereof by the Treasurer of Queensland ;

FIRE. 59 1956. Fire Brigades Acts Amendment Act. (b) As to one-seventh part thereof by the component Local Authority or if there are more component Local Authorities than one, the component Local Authorities together; and (c) As to five-sevenths parts thereof by the insurance companies together. (3.) In this section and wherever appearing elsewhere in this Act the term “ component Local Authority ” means any and every Local Authority the Area or part of the Area whereof comprises or is comprised in a District. [14 b .] (I.) This section applies in respect of the year Payment by to commence on the first day of July, one thousand nine compares hundred and fifty-seven, and each and every year of annual thereafter. contribution. (2.) In this section and wherever appearing elsewhere in this Act the term “ total annual contribution ” means, in relation to insurance companies together, the aggregate of the moneys to be contributed by them, as prescribed by section 14 a of this Act, to Boards in Queensland in respect of the year in question. (3.) The total annual contribution in respect of any and every year shall be divided amongst, and shall be paid by, the insurance companies rateably according to the total amounts of the premiums received by them respectively for insurance and reinsurance throughout Queensland during the next preceding year less the total amounts of premiums for reinsurance within Queensland paid away by them respectively during that year to others of them who, for the purposes of this subsection, return the same as premiums received for reinsurance. In respect of motor vehicle comprehensive insurance, only five per centum of the total amount of premiums received and paid away as aforesaid by any insurance company shall be taken into account for the purposes of this subsection. (4.) For enabling the amounts payable by insurance companies respectively of the total annual contribution m respect of any and every year to be assessed, each and every, insurance company shall before the last day of July (or if the Minister, who is hereby thereunto authorised, shall by notification published in the Gazette

60 FIRE. Fire Brigades Acts Amendment Act. 5 Euz. II. No. 8, fix some other date, then before that date) in each and every year furnish to the Minister a return, verified as prescribed by this subsection, showing the total amount of the premiums received by the company dinring the next preceding year for insurance and reinsurance throughout Queensland, after deducting the total amount of premiums paid away during that year for reinsurance within Queensland to other insurance companies who, for the purposes of subsection three of this section, return the same as premiums received for reinsurance. Every such return which includes premiums in respect of motor vehicle comprehensive insurance shall include only five per centum of the total amount of those premiums. The manager, agent, secretary, or attorney of the insurance company shall verify such return by statutory declaration under his hand. An insurance company shall not furnish such a return which is incomplete or misleading in any respect. (5.) If, in respect of any year, any insurance company makes default in furnishing, in compliance in every respect with the requirements of subsection four of this section, a return, that company and every director, secretary, agent or attorney thereof by whom such default was authorised, permitted or allowed, shall be guilty of a continuing offence and liable to a daily penalty not exceeding ten pounds for each and every day during which such default is continued. (6.) (a) A person thereunto authorised by the Minister may, during hours of business, inspect and examine and make copies of or extracts from, the books, accounts and records of any insurance company for the purpose of obtaining or verifying any information which, in respect of any year, is required by the Minister for purposes of or connected with the administration of this section. A person authorised as aforesaid may, during hours of business, enter upon any premises wherein or whereon the insurance company in question or any agent thereof carries on business. (b) The secretary and any agent of the insurance company in question and every employee thereof having custody or control of or over any of its books, accounts

FIRE. 61 1956. Fire Brigades Acts Amendment Act. or other records shall furnish to a person authorised as aforesaid all reasonable assistance and all such information which he is capable of furnishing as is required by that person in relation to the exercise by him of his authority. (c) A secretary, agent, or employee of any insurance company who fails to comply in any respect with the requirements of this subsection shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (d) A person who assaults, resists, or obstructs a person authorised as aforesaid in the exercise of that authority shall be guilty of an offence and liable to a penalty of not more than fifty pounds. ( 7 .) Every owner of property situated within Returns by Queensland in respect whereof an insurance companyowners- which is not incorporated or registered in Queensland holds a risk shall before the last day of July (or if the Minister, who is hereby thereunto authorised, shall by notification published in the Gazette fix some other date, then before that date) in every year furnish to the Minister a return, verified by him by statutory declaration, showing the amount of the premium for insurance in respect of that property paid by him to such insurance company during the next preceding year. If, in respect of any year, any owner of property thereunto required by this subsection, makes default in furnishing, in compliance in every respect with the requirements of this subsection, a return, then that • owner shall be guilty of a continuing offence and liable to a daily penalty not exceeding two pounds for each and every day during which the default is continued. (8.) The Minister may determine as he deems fit the amount of the total annual contribution in respect of any year which shall be paid by any insurance company or owner of property which or who, in respect of that year, has made default in furnishing in compliance in every respect with the requirements of subsection fpur or, as the case requires, subsection seven of this section, a return. Such a determination may be made by the Minister notwithstanding that neither the insurance company nor the owner of property in question or, in the case of an insurance company, any person who, in relation to it, is referred to in subsection five of this section has been prosecuted in respect of that default.”

62 FIRE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, Repeal of 9. Section fifteen of the Principal Act is repealed ns.ew15sas. nd15, and, in lieu of that repealed section, the following 15 a and 15 b . sections are inserted, namely :— Payment by “ [25.] (2.) This section applies in respect of the Tofreaansnuurearl year to commence on the first day of July, one thousand contribution. nine hundred and fifty-seven, and each and every year thereafter. (2.) Subject to appropriation by Parliament, the moneys prescribed by section 14 a of this Act to be contributed to a Board by the Treasurer in respect of any year shall be paid to that Board by him at such time or times and in such manner as he deems expedient. The Minister shall in respect of each and every year certify in writing to the Treasurer the sum so payable. Payment of [25 a .] (2.) This section applies in respect of the bcoynLtroibcaultion year to commence on the first day of July, one thousand Authority. nine hundred and fifty-seven, and each and every year thereafter. (2.) In the case of two or more component Local Authorities the amount of the contribution, as prescribed by section 14 a of this Act, in respect of any and every year shall be divided amongst, and shall be paid by, them rateably according to the total amounts of the unimproved values of all rateable lands in their Areas (or the parts thereof) respectively comprised in the District. (3.) For obtaining from a component Local Authority the amount payable by it in respect of any year of the contribution, as prescribed by section 14 a of this Act,,the Board may issue a precept. Such a precept shall be sufficiently authenticated if it is signed by the chairman of the Board, shall state the sum to be contributed by the component Local Authority whereto it is directed, and shall require that Local Authority to pay that sum to the Board (or the person named therein) by two equal half-yearly instalments payable respectively on or before the dates specified in the precept. (4.) Every component Local Authority shall make payment of each instalment of the sum stated in a precept issued by the Board as aforesaid in compliance in every respect with the requirements of that precept. In the event of a component Local Authority defaulting in making due payment of any instalment or any amount of any instalment required by a precept as

FIRE. 63 1956. Fire Brigades Acts Amendment Act. aforesaid to be paid by it, the Board may cause a copy of that precept, endorsed with or accompanied by a statement of the sum which the Local Authority in question has made default in paying, to be filed in the central registry of the Supreme Court. Such copy and statement shall be certified as correct under the hand of the chairman of the Board. At the expiration of sixty days after the filing thereof in the Supreme Court registry, such precept shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may be taken as if such precept were a judgment of the Supreme Court ordering payment of the sum stated as aforesaid. . [25 b .] (2.) This section applies in respect of the Payment of year to commence on the first day of July, one thousand nine hundred and fifty-seven, and each and every year company, thereafter. (2.) Insurance companies shall make payment to the Minister as prescribed by this section of the amounts payable by them respectively of the total annual contribution in respect of each and every year. (3.) (a) For obtaining from any insurance company the amount so payable by it in respect of any year the Minister may issue or cause to be issued a precept. Such a precept shall be sufficiently authenticated if it is signed by the Minister, or the Under Secretary of his Department by his direction, shall state the sum to be contributed by the insurance company whereto it is directed, and shall require that insurance company to pay that sum to the Minister by two equal half-yearly instalments payable respectively on or before the dates specified therein. ( b ) Precepts under this section (herein in this section referred to as “ provisional precepts ”) may, in respect of any year, be issued before the revision and approval, as prescribed by section fourteen of this Act, of the estimates respectively of income and expenditure of all of the Boards prepared as prescribed by that section. For the purposes of the issue in respect of any year of provisional precepts the total annual contribution in respect of that year shall be that contribution as determined according to estimates respectively of income

FIRE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, and expenditure prepared by Boards notwithstanding that all of those estimates shall not have been lodged, revised and approved as prescribed by section fourteen of this Act. When all such estimates lodged have been so revised and approved further precepts under this section (herein in this section referred to as “ adjusted precepts ”) may, in respect of the year in question, be issued as necessary for obtaining from any and every insurance company the amount payable by it of the total annual contribution according to such estimates as so revised and approved. Where the amount or any instalment or part of the amount required by a provisional precept to be paid to the Minister* has been so paid before the issue of an adjusted precept, then that payment shall be deemed made in part settlement of the adjusted precept and shall be credited accordingly. If that payment exceeds the total amount payable under the adjusted precept, the excess shall be refunded and the adjusted precept shall be deemed paid in full. Upon the issue of an adjusted precept, the provisional precept shall cease to have force and the insurance company concerned shall cease to be required thereby to make any payment. ( 4 .) Every insurance company thereunto required by a precept as aforesaid shall make payment of each instalment of the sum stated in the precept in compliance in every respect with the requirements thereof. . In the event of an insurance company defaulting in making due payment of an instalment or any amount of an instalment required by a precept under this section to be paid by it, the Minister may cause a copy of that precept, endorsed with or accompanied by a statement of the sum which the insurance company in question has made default in paying, to be filed in the central registry of the Supreme Court. Such copy and statement shall be certified as correct under the hand of the Minister or Under Secretary of his Department. At the expiration of sixty days after the filing thereof in the Supreme Court registry, such precept shall be of the same force and effect and all proceedings and remedies for the enforcement thereof with costs may

FIBE. 65 1956. Fire Brigades Acts Amendment Act. be taken as if such precept were a judgment of the Supreme Court ordering payment of the sum stated as aforesaid. This subsection applies so that an insurance company issued with both a provisional and an adjusted precept in respect of a year shall not be required by the provisional precept to make at any time after the issue of the adjusted precept any payment. (5.) There shall be established in the Treasury a fund to be called “ The Fire Brigades Precepts Trust Account ”. The Minister shall cause to be deposited in the Treasury to the credit of that fund all moneys paid to him under this Act by insurance companies. Payment into that fund by an insurance company of any moneys payable by it to the Minister under this Act shall be deemed payment by it of those moneys to him. The Treasurer shall cause all moneys paid into that fund in respect of any year to be paid out to Boards according to the amounts to be contributed to them respectively by insurance companies as certified to him by the Minister.” 10. (1.) In this section the year commenced on the Contnbu- first day of July, one thousand nine hundred and fifty-six, Aspect*of is referred to as “ the said year ”. the year 1956-1957 (2.) The Treasurer, the component Local Authority (or component Local Authorities), and the insurance companies (which in relation to the Board in question are, in respect of the said year, contributory companies), shall contribute respectively— (a) The proportions prescribed by subsection one of section 14 a of the Principal Act, as in force immediately prior to the passing of this Act, of one-quarter; and (b) The proportions prescribed by section 14 a of *“ The Fire Brigades Acts , 1920 to 1956,” of three-quarters, of the amount of the difference between the estimates respectively of the expenditure and income of each and every Board for the said year, as prepared, revised, and approved under section fourteen of *“ The Fire Brigades Acts, 1920 to 1956.” * 10 G. 5 No. 23 and amending Acts. C

66 FIRE. Fire Brigades Acts Amendment Act . 5 E liz . II. No. 8, (3.) Subject to subsection two of this section, section 14 a of *“ The Fire Brigades Acts, 1920 to 1956,” and, notwithstanding the repeal thereof by this Act, the provisions, as in force immediately prior to the passing of this Act, of sections 14 a and fifteen of the Principal Act shall apply for the purposes of this section and those repealed provisions shall be deemed to continue in force accordingly. (4.) (a) Notwithstanding the issue prior to the passing of this Act by a Board of any precept under ,and pursuant to the provisions of section fifteen of the Principal Act in respect of the said year, that Board may issue tinder and pursuant to that section all such precepts as it deems necessary for the purpose of obtaining payment from the Treasurer of Queensland, any component Local Authority, or any insurance company, of the amount of the contribution payable by such Treasurer, insurance company, or, as the case may be, Local Authority to that Board in respect of the said year. (b) Such a precept issued after the passing of this Act to any of the aforesaid to whom or which a prior such precept was issued prior to the passing of this Act, shall be deemed to be so issued in substitution for that prior precept and shall contain a statement accordingly. (c) Where any instalment or any amount of an instalment required to be paid to the Board by any prior precept referred to in paragraph ( b) of this subsection is so paid before the issue of a later precept which is deemed to be in substitution therefor, then such payment shall be deemed made in part settlement of the contribution concerned and shall be credited accordingly in that later precept. If that payment exceeds the total amount payable under the later precept, the excess shall be refunded and the later precept deemed paid in full. New s. 19 inserted. Offences. 11. The following section is inserted after section eighteen of the Principal Act, namely:— “ [19.] ( 1 .) All offences against this Act may be prosecuted in a summary way under f“ The Justices Acts, 1886 to 1949.” * 10 G. 5 No. 23 and amending Acts, t 50 V. No. 17 and amending Acts.

FIRE. 67 1956. Fire Brigades Acts Amendment Act . (2.) An offence against section 14 b of this Act shall not be so prosecuted without the authority in writing of the Minister. (3.) Subject to subsection two of this section, the provisions of clause forty-two of Part III. of the First Schedule to this Act apply with respect to prosecutions for offences against this Act.” 12. (1.) The Schedule to the Principal Act is Schedule numbered the First Schedule thereof and accordingly gXbL6 and the word 6 6 FIRST ” is inserted before the word amended. <c SCHEDULE ” appearing at the head thereof. (2.) Part II. of the First Schedule (as so numbered Amend- by subsection one of this section) to the Principal Act is repealed and, in lieu of that repealed Part, the following Part is inserted, namely:— " PART II. R ules for E lection of M embers by G roups of L ocal A uthorities . 1. The Minister shall appoint a returning officer to take the Returning poll at the election of members by a group of component Local Officer. Authorities for the purpose of constituting the first Board. For every such subsequent election the secretary tq the Board shall be the returning officer. 2. For the purpose of enabling the returning officer to compile Roll, a roll of persons entitled to vote at such election, the clerk of every component Local Authority of the group shall, as respepts the first election, when thereunto directed by the Minister and, as respects every subsequent election, not later than fourteen days after the completion of the triennial election for that Local Authority, under a penalty not exceeding five pounds for any default in so doing, deliver to the returning officer a correct list of the names and addresses of all members of the Local Authority of which he is clerk, certified as correct by writing under his hand. The returning officer shall from such lists compile a roll of persons entitled to vote at the election. Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning officer shall be the roll by reference to which the title of every person to vote at such election shall be finally determined. 3. (I.) After compiling such roll the returning officer shall Notice of forthwith send by prepaid post to every person named in such roll a days notice specifying the days appointed respectively as the day °f o^nomina-^ nomination and the day for taking the poll for the election and tion and for requiring the candidates at such election to be nominated as prescribed taking poll, by these rules at the place named in the notice.

68 FIRE. Fire Brigades Acts Amendment Act . 5 Eniz. II. No. 8, Nomina­ tions. (2.) The day of nomination shall be— (а) Not less than ten nor more than twenty-one days after the sending of such notices ; and (б) Not less than seven nor more than twenty-eight days before the day for taking the poll. (3.) In order that a person may be or become a candidate at the election he must be enrolled in the aforementioned roll and be nominated by not less than two persons so enrolled, other than himself, in the manner following that is to say :— Before noon on the day of nomination there shall be delivered to the returning officer or received by him by prepaid post letter at the place appointed by the notice a nomination in writing naming such person as a candidate at the election, signed by the persons nominating him, and endorsed with his consent to the nomination under his signature. (4.) No person who is not so nominated shall be or be deemed to be a candidate at the election. Result 4. If the number of persons who are duly nominated as where only candidates at any election does not exceed the number to be elected, ennluoemmctibendeartteod. be tthheereraefttuerrnainsgisopffricaecrticsahballel, anond atht ethdeayplaocfe noofmninoamtiinonatioorn, sodecsloaorne such nominee or nominees to be duly elected, and he or they shall be deemed duly elected accordingly. When poll to 5. (I.) If the number of persons who are duly nominated as be taken. candidates exceeds the number to be elected, then for deciding between such candidates a poll shall be taken in manner herein provided. (2.) The returning officer shall, with due despatch— (а) Cause to be prepared a sufficient number of ballot-papers containing the surnames and Christian names in alphabetical order of the candidates and nothing else save a statement at the head thereof that the paper is a ballot-paper for the election by the group of Local Authorities concerned of member(s) of the Fire Brigade Board (stating the number of members to be elected and the name of the Board) and the statement at the foot thereof specified in subrule (1) of rule 6 of these rules ; and (б) Transmit by prepaid post letter to every person entitled to vote at the election, such a ballot-paper, previously initialled by him, and accompanied by an unsealed prepaid post envelope addressed to the returning officer at the place of nomination and endorsed “ Ballot-paper, Fire Brigade Board (naming the Board) ”. Voting. 6 . (1.) A person entitled to vote, having received a postal ballot-paper, shall vote by marking his ballot-paper by striking out the names of all candidates save the candidate or candidates for whom he desires to vote.

FIRE. 69 1956. Fire Brigades Acts Amendment Act. For assisting the voter to so mark the ballot-paper there shall be stated at the foot thereof—“ Mark your vote by striking out the names of all candidates save candidate(s) (stating the number to be elected) (2.) After voting, the person entitled to vote shall then place the ballot-paper in the accompanying prepaid post envelope addressed to the returning officer, close that envelope and transmit the same by post. 7. The returning officer shall not issue a second or duplicate Duplicate ballot-paper to any person whomsoever. ballot-paper. 8. (1.) The returning officer shall keep unopened and in a secure Counting place all envelopes containing or apparently containing ballot-papers transmitted to him by post and received by him before noon on the decara 10n* day appointed for taking the poll. (2.) At or as soon as practicable after noon on the day appointed for taking the poll the returning officer shall examine and count the number of votes for each candidate then received by him. He shall not include in the count any ballot-paper received by him after that hour. He shall reject any ballot-paper which does not bear his initials or which is not marked as prescribed. (5.) At or as soon as practicable after completing the examination and counting of votes, the returning officer shall, according to the number of candidates to be elected, declare the candidate or candidates who has or have received the greatest number of votes to be elected, and he or they shall be elected accordingly. (4.) If the number of votes for any two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected, but shall not otherwise have the right to vote. 9. The returning officer shall forthwith report, in the case of Report, the first Board, to the Minister, and thereafter to the secretary, the name of the member or the names of the members elected. 10. ah expenses reasonably incurred by the returning officer Expenses, in connection with the election, including any reasonable fee to him for services rendered, shall be defrayed out of the Fire Brigade Fund of the Board.” (3.) Subclause two of clause twenty-six of Part III. of the First Schedule (as so numbered by subsection one of this section) to the Principal Act is amended by repealing the whole, save the first paragraph, thereof (including in such repeal the table referred to therein and set out thereunder). (4.) Clause thirty-one of Part III. of the First Schedule (as so numbered by subsection one bf this section) to the Principal Act is amended— (a) By repealing in the first paragraph of subclause one thereof the words “ the charges hereinbefore mentioned ” and inserting, in lieu of those repealed words, the words “ the prescribed charges ” ;

70 FIRE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, (b) By adding to the last paragraph of subclause one thereof the words “ and the term 44 uninsured premises ” includes, but without limit to the generality of the meaning thereof, unimproved or vacant land.” ; and (c) By adding thereto the following subclause, namely:— “ (4.) The Governor in Council may from time to time by Order in Council published in the Gazette prescribe the charges, and the amounts thereof respectively, payable under this clause. Until the first such Order in Council is so published, charges under this clause shall be payable according to the scale of charges set out under subclause two of clause twenty-six of this Part III. of this Schedule immediately prior to the repeal of that scale by “ The Fire Brigades Acts Amendment Act of 1956.” ” (5.) Subclause four of clause forty-two of the First Schedule (as so numbered by subsection one of this section) to the Principal Act is amended by repealing therein the words 44 before any police magistrate.” Second 13. The following Schedule is added to the added?16 Principal Act, namely :— “ SECOND SCHEDULE. Constitution 1. Every appeal shall be heard and determined by an Appeal of Appeal Board which shall be constituted for the purpose of hearing and Board. determining the particular appeal in question by— * (a) A stipendiary magistrate who shall be appointed in the case by the Attorney-General or other Minister performing for the time being the duties of that office; (b) A representative of the Fire Brigade Board who shall be appointed in the case by that Board or, if that Board fails to appoint a representative not later than fourteen days before the date of hearing, the Minister; and (c) An appellant’s representative who shall be appointed in the case by— (i.) If the appellant is a member of an industrial union of employees, that union ; (ii.) If the appellant is not a member of an industrial union ‘ of employees, such a union whereof the appellant is, in the opinion of the Minister, entitled to become a member; or (iii.) If there is not an industrial union of employees as aforesaid, or if that union fails to appoint a representative not later than fourteen days before the date of hearing, the Minister. Chairman. 2. The stipendiary magistrate shall be the chairman of the Appeal Board. Majority to 3. All powers of the Appeal Board may be exercised by a majority decide. 0f its members.

1956. FIRE. Fire Brigades Acts Amendment Act. 71 4. The Minister shall appoint a person to act as secretary to Secretary, the Appeal Board. 5. As soon as practicable after a vacancy in a position or a new Unsuccessful position in the employment of the Fire Brigade Board (being such applicants a vacancy or new position in respect whereof an unsuccessful applicant notified of who is one of the officers and firemen who comprise the Fire Brigade appoint­ or Fire Brigades provided and maintained by that Board, and whose ment. employment by that Board is permanent and full time, may appeal) has been filled, the secretary of that Board shall notify every such unsuccessful applicant accordingly, giving the name of the appointee, date of appointment, and particulars of the seniority of the appointee comparatively with the unsuccessful applicant. 6. As soon as practicable after an officer or fireman who is entitled Offender to to appeal to an Appeal Board in respect of the punishment for any noM^d offence under the by-laws imposed upon him by or on behalf of the ment!118 " Fire Brigade Board has been so punished, the secretary of that Board shall notify him accordingly, stating the nature of the punishment. 7. Every appeal shall be in writing, shall clearly aid concisely Lodging of set forth the grounds upon which the appeal is made, and shall be aPPeal* despatched to the secretary of the Fire Brigade Board within fourteen days after the date when the appellant shall have been notified of the appointment or, as the case may be, punishment in respect whereof the appeal is made. 8. Upon receiving a notice of appeal, the secretary to the Fire How Brigade Board shall forward the same to the Under Secretary, secretary to Department of Health and Home Affairs, for submission to the Minister notic*Tof for the purposes of having an Appeal Board constituted to hear and appeal, determine the appeal and a secretary thereto appointed. 9. The chairman of an Appeal Board, shall, as early as practicable Date for after his appointment to that Board, fix a date for hearing the appeal. ^aear“1^* 10. An Appeal Board may decline to hear or entertain an appeal Trivial or the grounds whereof are in the Board’s opinion trivial, frivolous, or friv°lous vexatious. appeals. 11. The secretary to the Appeal Board shall give to the Fire Notice of Brigade Board, the appellant, and the industrial union of employees, hiring* if any, concerned not less than seven clear days’ notice of the date and time when and the place where the appeal will be heard. 12. The Fire Brigade Board, shall, not less than fourteen days Notice of before the date fixed for hearing the appeal, notify the secretary to appointment the Appeal Board of the name and address of the person appointed Dy mls e * by that Board under paragraph ( b ) of clause one of this Schedule. 13. The industrial union of employees thereunto authorised Notice of under paragraph (c) of clause one of this Schedule shall, not less than appointment fourteen days before the date fixed for hearing the appeal, notify appellant’s the secretary to the Appeal Board of the name and address of the representa- appellant’s representative. tive. If the appellant’s representative is an employee of the Fire Brigade Board he shall be granted leave of absence on full pay to enable him to act as such.

72 FIKE. Fire Brigades Acts Amendment Act. 5 E liz . II. No. 8, Withdrawal 14. If an appellant wishes to withdraw his appeal, he shall notify of appeal. the secretary to the Appeal Board at least three days before the date fixed for hearing the appeal. Witnesses. 15. The Eire Brigade Board and the appellant shall supply the secretary to the Appeal Board with lists of the persons they respectively require to be subpoenaed by the chairman of the Appeal Board to give evidence at the hearing of the appeal. Leave to be 16. Such leave of absence to employees of the Eire Brigade granted bo Board as is necessary shall be granted on full pay to ensure the w&ict.nesses, Aatptepnedaal nBcoearodf, wanitdnetsoseasdmwhitooafrthe ereaqpupieraerdantocegoivfeaneveimdepnloceyebeerfeoqreuitrhede to act as agent for the appellant. Relative 17. Before proceeding to take evidence all papers and aapvpaappieelrlalsbatnleot.fboer coorrroetshpeornwdiseencme abdeaerianvgaiolnabtlheefdorecitshioenuaspepoeaf lethdeagaapipnesltlasnhta,llpbreovriedaedd, that the Eire Brigade Board may withhold from the Appeal Board and the appellant any papers, minutes, or correspondence, if for any reasons of public policy, of which the Minister shall be the judge, it is considered undesirable to produce them. Evidence to 18. All evidence shall be taken in the presence of the appellant, bappreeptseaelknlaecnneto.inf tbhuet aifpptheealaopnpeslulacnht efvaiidlsentoceaapspeisaratvhaeilaAbplep. eal Board may deal with Record of 19. The secretary to the Appeal Board shall convene all meetings proceedings. of the Board, and keep all records of proceedings and decisions in such manner as may be directed. Representa­ 20. In any proceedings before the Appeal Board the Eire Brigade tion. Board and the appellant may respectively be represented by counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board. Duty of Appeal Board. 21. (1.) The Appeal Board shall investigate in open court the appeal and transmit their decision thereon to the secretary of the Eire Brigade Board. (2.) The Appeal Board shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. (3.) The Appeal Board may, by their decision, determine that the promotion, decision, or recommendation appealed against be confirmed, set aside or varied in any specified manner. The decision of the Appeal Board shall be final and the Fire Brigade Board and all persons concerned shall give effect thereto. (4.) The provisions of “ The Commissions of Inquiry Acts , 1950 to 1954,” shall apply to and with respect to any and every appeal and for the purposes of so applying the provisions of those Acts the members, and a majority of the members, of any and every Appeal Board shall be deemed a Commission under and within the meaning of those Acts duly appointed to make an inquiry with respect to the subject matter of the appeal.

1956. FIKE. Fire Brigades Acts Amendment Act. 73 22. Notwithstanding anything contained in any other Act, no No appeal appeal from a decision of an Appeal Board shall lie or be permitted ^om , to the Industrial Court constituted under “ The Industrial Conciliation Board. and Arbitration Acts , 1932 to 1955,” or to any other court or tribunal * whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. 23. Any witness, not being an employee of the Fire Brigade Allowance to Board, summoned on behalf of the Fire Brigade Board to give evidence witnesses- before an Appeal Board, shall be paid an allowance by the Fire Brigade Amount of Board upon the certificate of the chairman of the Appeal Board. Such expenses, allowance shall be a sum equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing of the appeal or, if the witness is not in receipt of salary or wages, a sum which, in the opinion of the chairman, would be proper payment, taking into consideration the occupation of the witness, and the time lost in attendance. In addition to allowance for attendance, reasonable travelling Travelling expenses actually paid by a witness may be allowed, but not exceeding exPei*ses. one shilling for every mile a witness resides from the place at which he is required to attend. 24. (1.) Except as herein provided, the Fire Brigade Board shall Expenses of not be responsible for travelling or other expenses of witnesses appallaut’s summoned by or on behalf of the appellant. witnesses. (2.) In the case of an appeal against promotion, the Fire Brigade Board shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant, excepting where the appeal has been upheld by the Appeal Board, and the evidence of such witnesses was, in the opinion of the chairman of the Appeal Board, necessary and material. (3.) The Fire Brigade Board shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant in an appeal in respect of an offence, excepting where the charge has been found to be not proved, and the evidence of such witnesses was, in the opinion of the chairman of the Apjpeal Board, necessary and material. 25. The secretary to the Appeal Board shall submit the claim Claims to be made by a witness for expenses to the chairman of the Appeal Board, submitted to who shall give his certificate as to attendance, and determine the clia*rman- amount to be allowed. 26. In cases where the appellant is successful, and the Appeal Expenses to Board considers that reasonable expenses or any part thereof should aPPellant* be paid to the appellant by the Fire Brigade Board, the chairman shall certify accordingly. ' 27. All expenses whatsoever payable by the Fire Brigade Board FireBrigade in connection with an appeal and the expenses of the members of the Boar(i Appeal Board, secretary, reporters, and others, shall be defrayed expenses by the Fire Brigade Board. The chairman of the Appeal Board shall * certify to the vouchers for expenses, and shall be responsible for the correctness thereof.

74 FIRE. Fire Brigades Ads Amendment Act . 5 E liz . II. No. 8, 1956. Seniority. 28. (I.) For the purposes of appeals against promotions seniority of one employee over another shall be determined according to the following rules :— j (a) That employee whose position has the higher maximum salary shall be senior, and if such salaries are equal that I employee who held for a longer period a position with | that maximum salary shall be senior; (b) If upon the first application of rule (a) neither employee | is found to be senior to the other, the same rule shall be! applied a second and, if necessary, any number of subsequent times to the maximum salaries of the positions | held by such employees immediately prior to the period! during which the employees were found on the preceding application of the said rule to have held positions with the same maximum salary and to the periods during which they held positions carrying such firstmentioned maximum salaries until one of such employees shall be found to be senior to the other or until the rule can be no longer applied; (c) If thereupon neither employee is found to be senior tq the other that employee having the longer period of service as a permanent and full-time employee of the Fire Brigade Board shall be senior; and (d) If pursuant to the foregoing rules neither employee is found to be senior to the other the Fire Brigade Board shall determine upon such basis as it considers equitable which employee is senior. (2.) In determining, according to the rules prescribed by this clause, the seniority of an employee— (а) Any interruption to the service of that employee with the Fire Brigade Board caused by service had by him with, or with any service forming part of, Her Majesty’s Naval, Military, or Air Forces shall not be taken into account but shall be deemed service with the Fire Brigade Boarc(, and such employee shall not during or by reason theredf be prejudiced in respect of his right to promotion to fill a vacancy in a position, or a new position, in the employment of the Fire Brigade Board; and (б) The continuity of the service of the employee with the Fire Brigade Board shall be deemed to be not broken by the employee having been dismissed or stood down by such Board, or the employee having himself terminated his service with such Board, for any period not exceeding three months: Provided that the employee shall have been re-employed by such Board and that the period during which the employee was not employed by such Board by reason of such dismissal or standing down or termination of his service shall not be taken into account in determining his seniority. j | Paragraph (a) of this subclause does not apply to service with the permanent such forces as aforesaid.

FIRE—FISHERIES. 75 6 Euz. II. No. 11, 1957. Fisheries Act, (3.) Where an employee is re-employed by the Fire Brigade Board later than three months after— (а) He shall have been dismissed or stood down by such Board ; or (б) He shall have himself terminated his service with such Board, then the service of the employee with such Board before the date of such dismissal, standing down, or termination of service shall not be taken into account in determining, according to the rules prescribed by this clause, his seniority. 29. The term “ efficiency ” shall mean special qualifications and Efficiency, aptitude which in the opinion of the Fire Brigade Board are necessary for- the proper discharge of the duties of the position to be filled, together with merit, diligence, and good conduct.” FISHERIES. An Act to Consolidate and Amend the Law 6|™i1n- relating to Whaling, Pearling, Oystering, iJS™ and Other Fisheries. [A ssented to 18 th A pril , 1957.] E it enacted by the Queen’s Most Excellent Majesty, B by and witb the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.—P reliminary . 1. (1.) This Act may be cited as Act of 1957.” P art I.— P reliminary . The Fisheries Short title. (2.) This Act shall come into force on a date to be Commenee- fixed by the Governor in Council by Proclamationment of Act published in the Gazette. 2. (1.) This Act, including every Proclamation, interpre­ Order in Council, and regulation hereunder, shall be readtatl0n- and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation hereunder would but for this section have been construed as being in excess of that power,‘it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.