Gas Acts Amendment Act of 1952 (1 Eliz Ii No. 19) (Qld)

FISHERIES—GAS. 1 E liz . II. No. 12, 1952. Gas Acts Amendment Act. the case may be, purchased in that district, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that such fish were sold or, as the case may be, purchased in that district. (6.) The fact that any fish are found— (i.) At any place where any fish are usually sold or stored for sale or stored for delivery for or on sale by any person ; (ii.) On any vessel used by any person for the taking of any fish for sale ; or (iii.) On any vessel or vehicle used by any person for the conveyance of any fish for sale or for the delivery of any fish for or on sale shall be evidence that the fish found are had in possession by that person for sale, and in the absence of evidence in rebuttal thereof shall be conclusive evidence that the fish found are had in possession by that person for sale.” 275 FRIENDLY SOCIETIES. See S ocieties . GAS. An Act to Amend “ The Gas Acts, 1916 to 1946,” 1 N E o l . iz 1.9I. I. T he G as A cts in certain particulars. A mendment A ct of 1952. [A ssented to 22 nd A pril , 1952.] 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. This Act may be cited as “ The Gas Acts short title Amendment Act of 1952,” and shall be read as one with construction * “ The Gas Acts, 1916 to 1946,” herein referred to as the ' Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Gas Acts, 1916 to 1952.” title- * 7 G. 5 No. 11 and amending Acts.

276 GAS. Gas Acts Amendment Act. 1 E liz . II. No. 19, Amendments 2. Section thirteen of the Principal Act is of s. 13. renumbered subsection one of section thirteen and as so renumbered is amended by adding thereto the following subsections, namely :— “ (2.) ( a) A gas referee may under, subject to, and in accordance with the provisions of this subsection vary the price for gas fixed by a determination made by him upon a reference made under subsection one of this section or (if an appeal against such a determination by him has been upheld) fixed by the decision upon the appeal. ( b ) A variation as aforesaid of the price of gas fixed by his determination upon a reference or (if an appeal against his determination upon a reference has been upheld) fixed by the decision upon the appeal shall not be made by that gas referee at any time after the expiration of twelve months after the date when he made that determination or, as the case may be, that appeal was decided but, subject to the foregoing provisions of this paragraph, a variation as aforesaid may be made from time to time. (c) A variation as aforesaid may, according as hereinafter provided in this paragraph, be made so as to either increase or decrease the price of the gas in question. A variation increasing the price of gas shall not be made unless and until— (i.) The company supplying that gas shall have applied to the gas referee for an increased price; and (ii.) That company proves to the satisfaction of the gas referee that in the period subsequent to the date when the price was last fixed under this Act (whether by a determination upon a reference, a prior variation under this subsection, or the decision upon an appeal upheld against such a determination or prior variation) the cost of production of the gas ascertained in accordance with the particulars specified in paragraph (d) of this subsection has so increased that the increase is necessary to make fair and reasonable to that company the price for gas supplied by it.

GAS. 1952. Gas Acts Amendment Act. A variation decreasing the price of gas may be made by the gas referee at any time when he is $atisfied from evidence in his possession that in the period subsequent to the date when the price was last fixed (whether by a determination upon a reference, a prior variation under this subsection, or the decision upon an appeal upheld against such a determination or prior variation) the cost of production of the gas ascertained ill accordance with the particulars specified in paragraph (d) of this subsection has so decreased that the decrease is necessary to make fair and reasonable both to the company concerned and to consumers the price for that gas. ( d) For the purposes of paragraph (c) of this subsection the cost of production of gas in any period shall be ascertained in accordance with all of the particulars in the formula for ascertaining the cost of production of gas as set out and numbered 1 to 15, both inclusive, in clause 1 of Schedule III. to this Act excepting that so much of the cost of production of gas in the period in question as is attributable to the following of those particulars, that is to say, numbers 3 (a), 14 (a) and 15, shall be deemed to be the amount attributed to those particulars by the determination of the reference in question or, as the case may be, the decision upon the appeal upheld from that determination. (e) An appeal shall lie against a variation made under this subsection as if that variation were a determination upon a reference and paragraph (v) of subsection one of this section shall apply accordingly. Such an appeal may be instituted by the Minister, the company concerned, or any person representing not less than fifty consumers of the gas, and the provisions relating to appeals under the said paragraph (v) of the regulations under this Act shall, subject to any nejcessary adaptations and modifications thereof, apply and extend accordingly. (3.) When, by his determination upon a reference made under subsection one of this section, of by a variation of such a determination made under sub section two of this section, a gas referee or (if an appeal against such a determination or variation by a gas referee has been upheld) the decision upon the appeal has fixed the 277

278 GAS. Gas Acts Amendment Act. 1 E liz . II. No. 19,1952. price for gas supplied by a company, then the price so fixed may be charged by that company to, and shall be payable by, each and every consumer fot gas supplied to that’ consumer by that company— (i.) On and from the first day of the first complete period occurring after the date when that price was fixed as aforesaid for which the amount payable to that company by that consumer for gas supplied to him by it during a period of time is ascertained by reading the meter through which gas is so supplied according to the practice with respect to periodical readings of that meter followed by that company prior to the commencement of the reference, or the making of the , application for the variation, or (if the variation was made without application) the making of the variation in question ; and (ii.) Thereafter until the day on and from which a fresh price substituted for that price by a determination upon a further reference under subsection one of this section, or by a variation or further variation under subsection two of this section (or by a decision upholding an appeal against the determination upon such a further reference, or the variation or further variation, as the case may be) becomes, pursuant to the provisions of paragraph (i.) of this subsection, chargeable to and payable by the consumer in question to that company for gas supplied to him by it.” GASFITTING, WATER SUPPLY, AND SEWERAGE. See L ocajl -A uthobities . i