Gateway Bridge Agreement Act Amendment Act 1985 (Qld)

1346 _U F T A- 40oN ` ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 85 of 1985 An Act to amend the Gateway Bridge Agreement Act 1980 in certain particulars [ASSENTED TO 9TH DECEMBER, 19851

Gateway Bridge Agreement Act Amendment Act 1985, No. 85 1347 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 . (1) This Act may be cited as the Gateway Bridge Agreement Act Amendment Act 1985. (2) In this Act, the Gateway Bridge Agreement Act 1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Gateway Bridge Agreement Act 1980-1985. 2. Amendment of s. 11. By-laws. Section 11 of the Principal Act is amended by- (a) in subsection (1), omitting subparagraphs (c) and (d) and substituting the following subparagraphs and paragraph:- "(c) the direction, control or regulation of traffic or of persons, vehicles, animals or other things on, using or being used on the Bridge; (d) the regulation and control of persons, vehicles or animals carrying any advertisement on the Bridge; (e) the regulation and control of the parking, stopping or waiting of or by persons, vehicles or animals or other traffic or of or by a particular class or description of persons, vehicles, animals or traffic on the Bridge either generally or at or during any specified time or period; (f) the regulation and control of the construction, making, marking, placing or painting of advertisements on the Bridge; (g) the seizure, removal, detention and disposal of vehicles, animals or other things that- (i) are or are being used (or have been or have been used) on the Bridge in contravention of the by-laws; (ii) are a hazard to the Company or users of the Bridge; (iii) are disabled or damaged; or (iv) are causing or are likely to cause danger. inconvenience or obstruction to traffic on the Bridge,

1 148 Gateway Bridge Agreement Act Amendment Act 1985. No. 85 and the recovery of all expenses of the seizure, removal, detention and disposal; (h) penalties not exceeding $1 000 for any breach of the by-lawn or (i) any matter or thing that is- (i) required or permitted to be prescribed; or (ii) necessary or convenient for carrying out or giving effect to this Act or the Agreement. The power to regulate includes the power to prohibit."; (b) renumbering subsection (2) as subsection (5); (c) inserting after subsection (1) the following subsections:- "(2) The by-laws may provide- (a) that any fee, toll or other costs payable in respect of the use of any vehicle, animal or other thing on the Bridge shall be payable by the owner or user of that vehicle, animal or thing; (b) that the owner of a motor vehicle is or includes a person in whose name a vehicle is registered under the regulations under the Main Roads Act 1920-1984, or under any corresponding legislation, ordinance or law of the Commonwealth or any State or territory of the Commonwealth. (3) The by-laws may provide in respect of any breach of the by-laws or of a specified by-law- (a) by whom or under whose authority a prosecution for the breach may be commenced; (b) for the appropriation of any penalties recovered upon conviction of the breach; (c) that a court which convicts a defendant of a breach involving a failure to pay any fee, toll or other costs may order, in addition to any penalty imposed the payment of the appropriate fee, toll or other costs; (d) for the manner of proving in any proceedings in respect of that breach- (i) the authority of the complainant to institute those proceedings; or (ii) any element of the alleged breach; (e) for the sufficiency of evidence adduced in proof of any fact.

Gateway Bridge Agreement Act Amendment Act 1985, No. 85 1349 (4) For the purposes of subsections (1) and (2)- "advertisement" includes placard, board, notice and sign; "the Bridge" means the Bridge as defined in the Agreement together with the land over which a special lease is or is to be issued in favour of the Company pursuant to subclause (5) of clause 1 of Part III of the Agreement and all improvements thereon but excluding land which is or is to be the subject of an easement in favour of the Royal Queensland Golf Club pursuant to subclause (6) of clause I of Part III of the Agreement.".