Harbour Boards Acts Amendment Act of 1922 (13 Geo v No. 35) (Qld)

9990 ss. 1,2. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, FACTORIES AND SHOPS. See LABOUR. FRUIT CASES. See AGRICULTURE. HARBOURS. 13 NOo. eo 3 . 5V. . An Act to Amend the Laws relating to Harbours THE and Harbour Boarqs in certain particulars. HARBOUR Bl~; ~S [ASSENTED TO 18TH OCTOBER, 1922.] ! ~ : ~ ~ ~ { ~ ~ : . BE 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. This Act may be cited as "The Harbour Boards :::::structicn Acts Amendment Act of 1922," and shall be read as one of Act. with *" The Harbour Boards Act, 1892," herein referred to as the Principal Act. Amendments of Principal Act. Amendment 2. The following amendments are made in section pfr~ ~ Jp~ l seven of the Principal Act : - Act. (a) The following words are added to the definition of "Harbour works":- " The term also includes dredgers, dredging plant, and other plant, and all vessels used in connection therewith. " (b) The definition of "Local Authority" is repealed, and the following definitions are inserted in lieu thereof :- " The term " Local Authority" means the Council of a City, Town, or Shire constituted under the Local Authorities Act; The term "Local Authorities Act" means t" The' Local A~ tthorit' ie8 Acts, 1902-1920," and any Act amending or in substitution for those Acts or any of them." * 56 Vic. No. 26, supra, page 819. t 2 Edw. VU. No. 19 and Amending Acts, supra, pages 1860 et seg., 5653,5918, 8304, and 9571.

HAR,BOURS. ss. 3-5. 9991 1922. Harbour Boards Acts Amendiment Act. (c) The definition of "Ratepayer" is repealed, and· the following definition is inserted in lieu thereof ;- "The term "Elector" means any person who under the Local Authorities Act is an elector of any of the Areas or parts of Areas comprised for the time being within the Harbour Board District constituted for the harbour concerned under a Special Act and pursuant to this Act; or, if the context so indicates, any person who under the Local Authorities Act is a,n elector of an Area or part of an Area comprised for the time being within such Harbour Board District." 3. In section twelve of the Principal Act, after the Amendment words "such Harbour Board" the words "and a of R. 12. Harbour Board District" are inserted. 4. In section thirteen of the Principal Act, the Amendment definition of "Elective member" is repealed and the of s. 13. following provisions are inserted in lieu thereof ;- "The elective members shall be elected· either bv electors or by members of a group of Local Authoritie<s having jurisdiction over Areas or parts of Areas com- prised within the Harbour Board District as prescribed by the Special Act. The term" Elective member" means and includes any person who becomes a member of a Harbour Board either by election of electors or by election by members of a group of Local Authorities as last hereinbefore men- tioned; but does not include a person who is appointed by the Governor in Council, or who is a member by virtue of holding some other office." 5. After section thirteen of the Principal Act, the following section is inserted ;- "[13A.] Notwithstanding anything contained in this Government Act or any spocial Act to the contrary, the office of : ! : ; i~ : ee any member of a Harbour Board who has become aremoved member upon the appointment of the Governor in from office. Council (whether such appointment was made before or after the passing of "The Harbour Board8Act8 Amendment Act ot 1922") may at any time be ter- minated by the Governor in Council, and another person

9992 ss. 6-9. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, may be appointed to be a member in the place of the member whose office has been terminated and for the balance of the term of office of such member." Amendment 6. Section seventeen of the Principal Act is repealed, of s. 17. and the following section is inserted in lieu thereof : - Alteration "[17.] Where a Harbour Board District has been o b f oundaries constituted pursuant to a Special Act comprising the of Areas or parts of Areas of several Local Authorities cAorneassti.tuent specified in such Special Act, then, if at any time there- after any of such Areas or parts of Areas are abolished or divided or are otherwise subjected to any change of boundaries, with or without- (a) The constitution of any new Areas comprising in whole or in part the lands originally included in the said HarbourBoard District; or (b) The inclusion of land not originally included in such District; or (c) The exclusion of land originally included in such District- the boundaries of the Harbour Board District shall be amended so as to include all the lands included in the Areas or parts of Areas as reconstituted or re- arranged, and the Governor in Council may, by Order in Council, direct and declare the number of elective members which shall thereafter be assigned to the Areas or parts of Areas or specified groups of Areas or parts of Areas respectively comprised within such District, and in any such case may by such Order, if he thinks fit, increase the number of elective members so as to afford due representation on the Board of the Areas or parts of Areas in question." Repeal of 7. Section twenty-five of the Principal Act is s.25. repealed. Amendmer,$ 8. In the first paragraph of section twenty-six of of s. 26. the Principal Act, the word "president" where it twice occurs is repealed. Amendment 9. Sections twenty-seven, twenty-eight, twenty-nine, ~ Lss, 27 to thirty, and thirty-one of the Principal Act are repealed, and the following sections are inserted in lieu thereof : - Qualification "[27.] Every elector of any Area or part of a,n of member. Area comprised within a Harbour Board District shall

HARBOURS. s.9. 9993 1922. Harbour Boards Acts Amend.ment Act. be qualified to be elected or appointed and to act as a member of the Harbour Board for the harbour in question, but so long only as he continues to hold such qualification. [28.] No person who- Disqualifica- tions. (i.) Is concerned or participates in the profit of any contract with the Harbour Board; or (ii.) Has his affairs under liquidation by arrange- ment with his creditors; or is an uncertificated or undischarged insolvent; or (iii.) Is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under section six hundred and fifty-six of :1<" The Oriminal Oode"; or (iv.) Is an insane person within the meaning of the laws in force for the time being relating to insanity; ~ hall be capable of being or continuing a member: Provided that nothing herein shall disqualify any Certain acts . h peers I . S oncofnrocemrnbee d inogr oprarctoI . cn . Itpinautei . nsg II a I ma etrmanbsearcstIo . Olenly . W b I e t c h au t s h e e ~ f I o o nc r t ap to aCl 't a t . e .Board in respect of- membership. (a) A lease, sale, or purchase of lands; or an agreement for such lease, sale, or purchase; or (b) An agreement for the loan of money, or any security for the payment of money; or (c) A contract entered into by an incorporated company for the general benefit of such company; or (d) A contract for the publication of advertise- ments in a public jonrnal; or (e) The sale of goods to or the performance of any work for the Board bona fide in the ordinary course of business and not pursuant to any written contract, and not exceeding the sum or value of twenty pounds in anyone year. [29.J (1.) Subject to this Act, every elective member Tenure of shall hold office for three years. ~ l~ ~ ti: ! (2.) The office of an elective member shall- members. (a) Commence on the day of his election or appoint- ment thereto; * 63 Vic. No. 9, Sch. 1., sup1a, page 344.

9994 s.9. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, (b) Unless sooner vacated as hereinafter provided,. become vacant as soon as the Board in every third year has been constituted afresh by re-election or re-appointment of the whole· number of its members. (3.) Whenever at the triennial election a poll has· become unnecessary in respect of any candidate, and the Returning Officer has duly declared him to be elected,. he shall not be entitled to act as member until the Board has been constituted afresh by re-election or re-appoint- ment of the whole number of its members. When office [30.] (1.) The office of a member of a Board shall is vacant. be vacated- (i.) If he is or has become disqualified, or has; ceased to be qualified, under the provisions of this Act; or (ii.) If, without leave obtained from the Board in that behalf, he has been absent from four or more consecutive ordinary meetings; or (iii.) If he is ousted from his office by the Supreme Court; or (iv:.) If he ceases for any reason to hold office before the day on which the office would ordinarily become vacant: Non-attend- Provided that the non-attendance of a member at. ~ ~ ~~ t~ ; ni~ ss the time and place appointed for an ordinary meeting meeting shall not he deemed to constitute absence from such ~ ~ i~ ~ lJy meeting unless a meeting of the Board at which a quorum is present is actually held on that day: Attendance at lapsed Provided further that the attendance of a member meeting. at the time and place appointed for an ordinary meeting, shall be deemed to constitute presence at an ordinary meeting, notwithstanding that by reason that no quorum is present no meeting is actually held on that day; and the clerk shall enter in the minute-book the names of all members who so attend. Disqualified person (2.) If a member before he is capable of acting as acting. such, or after his office has become vacated, acts or continues to act as member, knowing that he is not capable, or that his office has become vacated, he shall be liable to a penalty not exceeding fifty pounds.

\ HARBOURS. s.9. 9995 1922. Harbour Boards Acts Amendment Act. [31.] (1.) At any election by electors under or for Elections the purposes of this Act, each elector shall have one o b n y eevloetcetors; vote only. only, &c. (2.) The voting shall be by ballot. (3.) Elections by electors shall be held in every third year in the respective Areas and parts of Areas comprised within the Harbour Board District, at the same time and place as elections under and for the purposes of the Local Authorities Act are held, and the. Voters' Rolls compiled for those elections shall be used, but separate ballot- papers and ballot-boxes shall be provided and used. Save as may be provided by a Special Act the returning officer at all elections under the Local Authorities Act shall also act as returning officer at all elections by electors under this Act. If it is provided by a Special Act that the electors of two or more Areas or divisions of Areas are to join in the election of a member or members, then in the event of the elections under the Local Authbrities Act not being held on the same day in those Areas, the returning officer shall postpone the count of the votes polled for members of the Board until after the latest of the elections in such Areas has been held. (4.) At every such election the whole number of members to be elected by electors shall be elected. (5.) The rules, forms, and directions contained in Rule.s fiS ~ o the Third Schedule to the Local Authorities Act shall, ~l:~:;~~·III. so far as the same are applicable and with such modifica- of Locn.l. tions thereof or additions thereto as the Governor in t~tt.hOrItH>! l Council may by Order in Council direct so as to make the same conformable with the purposes of this Act and the circumstances, regulate the proceedings in relation to elections by electors held in pursuance of this Act. (6.) The Voters' Roll used at the triennial election shall, after the conclusion of that election, remain in force and be used at all elections by electors until a new Voters' Roll is prepared under and for the purposes of the Local Authorities Act. But for the purposes of any extraordinary election held on any day other than the day of the triennial election the said Voters' Roll shall be amended so as to comprise the names of all persons who are electors and whose names have been enrolled as such not later than sixty clear days before the day of nomination for such election. E

9996 s.9. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, Election by [31A.] With respect to the election of elective gLroocuapl s of members by members of groups of Local Authorities, the Authorities provisions next hereinafter set forth shall be observed:- RULES FOR ELECTION OF A MEMBER OR MEMBERS BY MEMBERS OF A GROUP OF LOCAL AUTHORITIES. 1. The time and place of every election shall be appointed by the Governor in Council by notice in the Gazette: Provided that such time shall be so fixed as to be as soon as practicable after the conclusion of the triennial elections of members of the Local Authorities comprising the group. 2. The Governor in Council may appoint a returning officer to take the poll at any such election. Every such appointment shall be notified in the Gazette. 3. For the purpose of enabling the returning officer to compile a roll of persons entitled to vote at such elect.ion, the dlerk of every - Local Authority of the group shall, within seven days after the conclusion of the last election of members of the Local Authority. forward 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 person~ entitled to vote at the election. 4. Such roll f>hall 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, save as next hereinafter provided, be finally determined. But no person named on such roll who, at the date of the election, has ceased to hold office as a member of a Local Authority of the group shall be entitled to vote. 5. If any clerk fails or neglects to forward any list hereby required to be forwarded to the returning officer within the prescribed time, or forwards an incorrect list, he shall be liable to a penalty not exceeding ten pounds. 6. Mter compiling such roll the returning officer shall forthwith send through the post office to every person named in such roll a notice specifying the date and place appointed for the election, and requiring the nomination of candidates. 7. In order that a person may become a candidate he shall be nominated by at least one member of a Local Authority comprised in the group. The nomination paper shall be in writing and signed by the person nominating the candidate, in the following form :- Nomination Paper. [Name] Harbour Board. To the Returning Officer. SIR,-I hereby nominate [name in full], of [addre88 and occupation]; to be a candidate for election as a member of the abovenamed Board at the ensuing election for the group of Local Authorities of one of which.I am a member. Dated at , the day of , 19 . [Signature.] Local Authority of

HARBOURS. s. 9. 1922. Harbour Boards Acts Am.endment Act. Such nomination paper shall be delivered or sent to the returning officer so as to reach him at least two days before the day appointed for the election. No person who is not so nominated shall be or be deemed to be a candidate at the election. S. If no more persons are so nominated than are required to be elected at such election, the returning officer shall, at twelve o'clock noon on the day so appointed and at the place &0 appointed, declare them or him to be duly elected, and they or he shall be elected accordingly. 9. If more persons are so nominated than are required to be elected, the returning officer shall, on the day so appointed, proceed as follows :- He shall prepare a ballot-paper in writing in the following form :- Ballot-paper. [Name] Harbour Board. Election of one member [or members] by the members of a group of: Local Authorities namely [set out the Local Authorities]. 19 • I vote for- ADDISON, JAMES BAKER, JOHN CHARLES FISHER, WILLIAM 9997 [Siqnature of votel"l NOTE.-This ballot-paper must be posted to the returning officer at [place oj election] so as to reach him before five o'clock afternoon on the day of ,19 [day of the count]. and shall post one ballot-paper, previousiy initialled by him, to each of the voters of the group. Before posting the same he shall fill in the particulars of the- place of election and of the date fixed by him on which the count will be made: The voter, upon receipt of a ballot-paper, shall record his vote by placing a cross in the square opposite to the name or names of the candidate or candidates for whom he votes, and signing his name. He shall then post the &ame, addressed to the returning officer at the place of election named therein, and within such time that it will in ordinary course of post reach the returning officer before five o'clock afternoon on the date named therein as the day of the count. On the aforesaid day the returning officer shall attend at the said place, at five o'clock afternoon, and shall open and count all the votes given for each candidate which have then reached him, and shall forthwith declare the candidate 0r candidates who has or have- received the greatest number of votes to be elected, and he or they' shall be elected accordingly.

9998 ss. 10-12. HARBOURS. Harbot~ r Boards Acts .tlmendment Act. 13 GEO. V.No. 35, 10. At the election every person whose name is included in the roll shall be entitled to one vote only. 11. 'Whenever necessary, owing to the fact that 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. 12. The returning officer shall forthwith report to the Board the names of the members elected. 13. The Board shall repay to the returning officer all expenses reasonably incurred by him in connection with the election. Te}ffi of [31B.J Subject to this Act a member who is appointed ~ ~~ : r~ ~ ent by the Governor in Council shall hold office for three members. years. Members, [310.J Nothing herein contained shall prevent any r & e c - ~le m ct a e y d boer person from be' Ing I.mmed l ' a t e1y, or at any tI' me, re-e1ect ed reappointed. or re-appointed to the office of chairman or member, if he is capable. for the time being, under this Act, of being and continuing such chairman or member." Amendment 10. (1.) The following words are added to the first of s. 34. paragraph of section thirty-four of the Principal Act:- "for the balance of the term of office of such member." Repeal of (2.) Sections thirty-six, thirty-seven, and thirty-eight s a s n . d3368, . 37, of the Principal Act are repealed. Amendment 11. The second paragraph of section forty-one of the of s. 41. Principal Act is repealed, and the following provisions are inserted in lieu thereof :-- " At the first meeting of the Board, or at an adjourn- ment thereof, the members present shall choose one of the members to be chairman of the Board, who shall hold office for a term of one year, but shall be eligible for re-election. . The chairman of each existing Harbour Board to be elected by the Board in the year one thousand nine hundred and· twenty-four shall be so elected at the first meeting of the Board held after the Board has been constituted afresh in that year or at some adjournment thereof, and in each subsequent year the chairman shall be elected at the first meeting of the Board he] d in the same month in which the chairman was elected in the year one thousand nine hundred and twenty-four or at some adjournment thereof." AIIl~ ndment 12. In sections fifty-nine, one hundred and seventy- gi: ~ ; ~ s~ ~ ~ one, one hundred and seventy-eight, and one hundred , and eighty-one of the Principal Act, the word" ratepayer"

HARBOURS. s. 13. 9999 1922. Harbour Boards Acts Amendment Act. wherever it occurs is repealed and the word "elector" is respectively inserted in lieu thereof; also in the said section fifty-nine the words "a ratepayer" are repea.led, and the words "an elector" are inserted in lieu thereof. 13. Sections one hundred and forty-three to one hundred and sixty-five, both inclusive, of the Principal Act are repealed, and the following sections are inserted in lieu thereof:- " [143.] (1.) The Board may fro m time to time Power to borrow money on the security of the dues, rates, charges, borrow. rents, and other profits payable to or authorised to be received by or vested in the Board. (2.) The total amount which the Board may so Limit. borrow, inclusive of any sums previously borrowed and not repaid, shall not exceed a sum to be fixed from time to time by the Governor in Council by Order in Council published in the Gazette. [144.] Sections three hundred and three to three Applica~ion hundred and eight, both inclusive, and three hundred ~ ~~~ i;i~~s of and ten, three hundred and eleven, and three hundred Local .. and twelve of the Local Authorities Act shall apply to ! ~ : ~ orltles all moneys proposed to be borrowed or borrowed by the Board, after the first day of January, one thousand nine hundred and twenty-three, and for that purpose the said sections shall be read and construed as if, in lieu of the words" Local Authority" or "Council" wherever those words occur, the word "Board" were inserted therein; and in lieu of the word "chairman" the words "chairman of the Board" were inserted therein; and in lieu of the words "Local Fund" the words "Harbour Fund" were inserted therein; and references in the said sections to the "Minister" shall be construed as references to the "Minister" under this Act: Provided that, notwithstanding anything contained in the said sections, any person who is an elector of the Harbour Board District shall be entitled to join in a demand for a poll on the question of any loan and to vote at such poll or to sue under section three hundred and eleven of the said Act in respect of any misappropria- tion of the Harbour Fund as in t hat section is provided. . [145.] (1.) All or any part of the moneys which the Power to Board I · S an t hOr' Ised t 0 borrow nlay be borrowed from Cboornrsoowlidfarotemd the Consolidated Revenue of Queensland. Revenue.

10000 S.13. HARBOURS. JIarbour Boards Acts Amendment Act. 13 GEO. V. No. 35, Without prejudice to and in addition to any provisions in that behalf contained in the Special Act, the following provisions shall apply to every such loan, whether the same was borrowed before or after the passing of "The Harbmlr Boards Act Amendment Act ot 1922." Loeal Works (2.) For the purposes of every such loan, the Board tLooaapnpslAy. ets shall be deemed to be a Local Authority within the meaning of and subject to the Local Authorities Act, and * "The Local Works Loans Acts, 1880 to 1918," and any Act amending or in substitution for those Acts. epPnaofywomrecreentottl: oef from( 3t. i)m'eWhtoentiamned dsuoe oaftnedn apsayaanbylepabryt otfhethBe omaordneytos iI,rrears. the Treasurer in respect of any such loan remains unpaid for three months, the Treasurer shall give notice to the Board to pay such money within a time to be stated in such notice, and if the Boa,rd fails so to do may make and levy such harbour dues or wharfage rates, or both, as he considers needful (for which purpose he shall have all the powers and remedies of the Board in that behalf), and may also, by notification in the Gazelte, appoint a Receiver to collect on his behalf and pay to the Treasury all or any moneys froin tiine to time due and owing to the Board, to the amount stated in such notification; and the Treasurer may from time to time make all such orders and give aU such directions with respect to the powers and duties of such Receiver and the management by him of the business of the Board as the Treasurer thinks. proper; and judicial notice shall be taken of all such orders and directions. Thereupon such Receiver shall, from the date stated in such notification, be the only person legally entitled to receive the revenues of the Board, and shall be deened to that extent and for that purpose to be a public accountant within the meaning of 1"" The Audit Act ot 1874" or any Act amending or in substitution for that Act. Application to sell [146.] (1.) In order to raise money for the purpose debentures. of 90nstructing harbour works. within a harbour the Board may make application to the Governor in Council for permission to borrow money by the sale of debentures, and the Governor in Council may grant such permission. Permission (2.) Every such permission shall be signified by an dtoebisesnuteures. Order in Council published in the Gazette, and such Order * 44 Vie. No. 9 and Amending Acts, 8'pra, pages 2023 et 8cg., an I 8539. t 38 Vie. No. 12, 8upra, page 74.

HARBOURS. s.13. 10001 1922. Harbour Boards Acts Amendment Act. in Council shall declare the amount that may be so borrowed, the purposes for which. the same shall be borrowed, the currency of the debentures, and the rate ()f interest payable thereon. Moreover, any such per- mission may be granted subject to the condition of providing a proper sinking fund, or subject to the condition that a proportion of the principal money shall be repayable .at stated intervals during the currency of the debentures, .and to such other conditions as the Governor in Council may impose. (3.) The moneys so raised by the sale of debentures, Application ()rsuch portion thereof as may be found necessary for the of moneys. purpm;e, shall be expended for the purposes declared in the Orclf~ I' in Council, and in the proportions, if any, therein specified and not otherwise. [147.] (1.) Debentures issued under the authority of Conditiollfj, the last preceding section shall be issued in such series, at :: be~ ! t1res. such time, and in such manner as the Board may decide, and shall be a charge upon all the revenues of the Board howsoever arising, subject to any prior debentures issued by the Board. Such debentures shall bear interest at the rate prescribed in the Order in Council. Every such debenture when sealed and signed or signed as prescribed shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorised. (2.) Every such debenture shall specify the time Time and when or within which the principa1 shall be payable and place of t the place where the principal and interest shall be pay- paymen . .able, and shall be in the form and ~ hal1 be sealed and signed or signed as prescribed by the Governor in Council, and may have annexed thereto for every .payment to grow due thereon a coupon. Every such debenture and coupon (if any), unless otherwisB authorised by the Governor in Council, shall be transferable by delivery. (3.) The Board may authorise the sale or disposal Debentures :fr of any such debentures in Que~ nsland, or in places i~ e beyond Queensland, and may appomt an agent or agents Queensland to negotiate such sale or disposal. 01' e~ sewhe1' e. (4.) The holder of any such debenture shall be Payment of en • titl • ed to receive pa ' yment . from the Board of the adnebde!mlttue1r'eesst. prmCIpal sum named therein (and, if mterest coupons are not annexed, interest in terms of the debenture) upon .

10002 s. 13. HARBOURS. JIarbour Boa1'ds Acts Amendment Act. 13 GEO. V. No. 35, presentation of such debenture, on or after the due date thereof, at the place where the same is expressed to be made payable. And the holder of any coupon originally annexed to a debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the interest mentioned in such coupon upon presenta- tion of the same at the place where, and on or after the date when, interest is payable. Provisions (5.) If default is made by the Board in making any oofn pdaeyfmauelnt t. payment, whether of principal or interest (or of interest and principal, as the case may be), to the holder of any debenture or coupon, the following provisions shall take effect :- (i.) The holder of such debenture or coupon shall be entitled to make application to and pro- cure all necessary orders and directions from the Supreme Court for the appointment of a Receiver, and such Court shall have power to make all such orders for the appointment of a Receiver, or for his removal and the appoint- ment of another in his place, as may be neces- sary, and to make any orders and give any directions which such Court may think proper. And such Receiver shall be deemed to be an officer of such Court. (ii.) Subject to this Act, the Receiver shall have power to make, levy, and collect all dues and rates and other moneys authorised to be made, levied, or collected by the Board, and 8hall be entitled to receive all revenues what- soever payable to the Board; and for such purposes such Receiver shall be deemed to be the Board and may exercise all the powers thereof. (iii.) The Receiver shall be entitled to such com- mission, payable out of the revenues of the Board, as remuneration for his services, as such Court may appoint. (iv.) The Receiver shall, subject to any order of such Court, pay over all moneys received by him to such holder, or to and among the holders of debentures or coupons of the same series as the debenture held by such holder, or to and among the holders of debentures or

HARBOURS. ss. 14, 15,; 10003 1922. Harbour Boards Acts Amendment Act. coupons generally, in such order of priority or otherwise and in such proportions as the Court may think fit; and, if there is any balance in hand over and above the amount due and payable to him under this Act, the Receiver shall pay such balance to the Board. [148.] The Board may, for temporary accommoda- Board may tion, obtain advances from any bank by way of over- taked ft draft of the current Harbour Fund Account: Provided over ra . that no such overdraft shall at anyone time, or under any circumstances, exceed the amount of the total income of the Board, exclusive of loans, for the year then last past, or such Jesser amount than such total income as the Governor in Council may fix from time to time." 14. Section three of *" The HarbouT Boards Acts Repeal of Amendment Act of 1920" is repealed. N10o. G1e8o,. sV. . 3. Bowen Harbour. 15. t" The Bowen Harbmtr Board Act ot 1914" is amended as follows :- (i.) In section two the definition of " Local Amendment Authorities Act" and" Ratepayer" are repealed. of s. 2. (ii.) In subsection three of section three, before Amendment the words "The Harbour Board District" the words of s. 3. "Subject to the provisions of section seventeen of the Principal Act" are inserted. The proviso to the said subsection three is repealed. Subsections four and five of section three are repealed, and the following subsection is inserted in lieu thereof :- " (4.) Until otherwise directed pursuant to section seventeen of the Principal Act- (a) The Harbour Board shall consist of seven members; (b) Two non-elective members shall be appointed by the Governor in Council; * 10 Goo. V. Nb. 18, 8upr'a, page 9127. t 5 Goo. V. No. 5, supra, page 6413.

10004 s. 16. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, Repeal of ss. 6, 7, and 8. (c) Five elective members shall be elected by the electors. Two of such elective members shall be assigned to the Town of Bowen, and one such elective member shall respectively be assigned to the Shire of Proserpine, the Shire of Wangaratta, and Division one of the Shire ot Ayr, and such members shall be elected by the electors of such Areas and Division respectively in m~ nner provided by the Principal Act." (iii.) Sections six, seven, and eight are repealed. Bundaberg Harbour. 16. *"The Btmdaberg Harbour Board Ad, 1895," IS amended as follows:- Repeal of s. 7. (i.) Section seven is repealed. Amendment (ii.) Section eight is repealed, and the following of s. 8. section is inserted in lieu thereof : - Harbour Board District. " [8.] (1.) The Harbour Board District shall consist of the Area for the time being comprised within the boundaries of the City of Bundaberg and the Shires of Goobllrrum and Woongarra as constituted under and for the purposes of the Local Authorities Act. Number of (2.) Until otherwise directed pursuant to section amnedm b b y erwshom seven ' ceen f 0 the Pn' nCl.pa] Ac t - : l~ ~ ~ ! ~ ~ ed or (a) The Harbour Board shall consist of nine members; (b) One non-elective member shall be appointed by the Governor in Coun0il. (c) Eight elective members shall be elected by the electors. Four of such elective members shall be assigned to the City of Bundaberg, and two of such elective members shall respectively be assigned to the Shire of GoobuITum and the Shire of Woongarra, and such members shall be elected by the electors of such Areas respectively in manner provided by the Principal Act." * 59 Vic. No. 25, supra, page 3930.

HARBOURS. ss.17,18. 10005 1922. Harbour Boards Acts Amendment Act. (iii.) Sections nine to sixteen, both inclusive, and Repeal of ig'to sections twenty-two to twenty-eight, both inclusive, and ~~ : s! ~ the First, Second, and Third Schedules, are repealed. 28, and Schs. I., n., Cairns Harbour. and Ill. 17. *" The Cairns Harbour Board Acts, 1905-1911," :are amended as follows : - (i.) In section two the definitions of "Local Amendment Authorities Act" and" Ratepayer" are repealed. of s. 2. (ii.) Subsections three, four, and five of section Amendment three are repealed, and the following subsections are of s. 3. inserted in lieu thereof :- . " (3.) The Harbour Board District shall consist of the Area for the' time being comprised within the boundaries of the Town of Cairns and the Shires of Cairns, Chillagoe, Eacham, Einasleigh, Herberton, Tinaroo, Walsh, and Woothakata, as constituted under and for the purposes of the Local Authorities Act. (4.) Until otherwise directed pursuant to section seventeen of the Principal Act, the Harbour Board shall consist of twelve elective members, to be elected by the electors of the Harbour Board District. Three elective members shall be assigned to the Town of Cairns and two elective members of the Board shall be assigned to the Shire of Woothakata, and one elective member shall' respectively be assigned to the Shires of Cairns, Chillagoe, Eacham, Einasleigh, Her- berton, Tinaroo, and Walsh; and such members shall be elected by thfjelectors of such Areas respectively in manner provided by the Principal Act." (iii.) Sections six to nine, both inclusive, are Repeal of repealed. ss. 6 to 9. (iv.) Sections two, three, and four 'of t" The Cairns Amendment Harbour Board Act Amendment Act of 1911 " are repealed. ~ ~ { i~ t of . Gladstone Harbour. 18. The following amendments are made in t" The Gladstone HaJ'bour Board Act of 1913" : - (i.) In section two the definitions of "Local Amendment Authorities Act" and" Ratepayer" are repealed. of s. 2. * 5 Edw. VII. No. 27, supra, page 3946; and 2 Geo. V. No. 12, supra, page 5235. • t 2 Geo. V. No. 12, supra, page 5235. t 4 Geo. V. No. 26, supra, page 6043.

10006 s. 19. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, Amendment (ii.) The proviso to subsection three of section three of s. 3. is repealed. Subsections four and five of section three are repealed, and the following subsection is inserted in lieu thereof :- "(4.) Until otherwise. directed pursuant to section seventeen of the Principal Act-- (a) The Harbour Board shall consist of seven members; (b) Two non-elective members shall be appointed by the Go vernor in Council; (c) Five elective members shall be elected by the electors. Repeal of ss. 6, 7, and 8. Two elective members shall respectively be assigned to the Town of Gladstone and the Shire of Calliope, and one elective member shall be assigned to the Shire of Miriam Vale, and such members shall be elected by the electors of such Areas respectively in manner provided by the Principal Act." (iii.) Sections six, seven, and eight are repealed. llfackay Harbour. 19. *" The Mackay Harbour Board Acts, 1896 to 1911," are hereby amended as follows:- Repeal of s. 7. (i.) Section seven is repealed. Amendment (ii.) Section eight is repealed, and the ioHowing of s. 8. section is inserted in lieu thereof : - Harbour " [8.] The Harbour Board District shall consist of the BDoisatrrdict and Area for the time being comprised within the boundaries Halbollr of the Town of Mackay, the Shire of Pioneer, and the Bpard. Shires of Mirani, Nebo, and Sarina, as constituted under and for the purposes of the Local Authorities Act. Until otherwise directed pursuant to section seven- teen of the Principal Act, the Harbour Board shall con,;. sist of nine elective members to be elected by the electors. * 60 Vie. No. 28, supra, page 3957; and 2 Goo. v. No. 16, supra, page 5237.

HARBOURS. s.20. 10007 1922. Harb01w Boards Acts Amendment Act. Three elective members shall be assigned, to the Town of Mackay, three elective members shall be- assigned to the Shire of Pioneer, and one elective member shall be assigned respectively to the Shires of Mirani,· Nebo, and Sarina; and such members shall be elected by the electors of such Areas respectively in mannel' provided by the Principal Act." (iii.) Sections twenty-three to twenty-nine, both Repeal of inclusive and section 29A, and the Third Schedule, are ~ s~ h: 3I~ ~ . 29A, repealed. (iv.) Sections two, three, five, six, seven, eight, and Amendment l1ine .of *" The Mackay Harbour Board Act Amendment ~ ~ ~ ~ t of Act of 1911" are repealed. Rockhampton Harbour. 20. t"The Rockhampton Harbour Board ACt8, 1895 to 1917," are hereby amended as follows ;- (i.) Section seven is repealed an d the following Repeal section is inserted in lieu thereof;- of s. 7. "[7.] The Harbour Board District shall consist of Harbour the Area for the time being comprised within the ~ ? a: ~ t boundaries of the City of Rockhampton, the Towns of IS rlC • Blackall, Clermont, and Mount Morgan, and the Shires of Aramac, Banana, Barcaldine, Barcoo, Bauhinia, Bel- yando, Calliungal, Diamantina, Duaringa, Emerald, Fitzroy, Ilfracombe, Isisford, Kargoolnah, Livingstone, Longreach, Peak Downs, and Tambo, as constituted under and for the purposes of the Local Authorities Act. (ii.) Section eight is repealed, and the following Amendment section is inserted in lieu thereof :_ of s. 8. "[8.] (1.) Until otherwise directed pursuant to Constitution section seventeen of the Principal Act, the Board shall of Board. -consist of eleven elective members. The members of the Board shall be elected as follows ;-. (a) Five of such members shall be elected by the electors of the City of Rockhampton; (b) One of such members shall be elected by the electors of the Town of Mount Morgan ; * 2 Qoo. V. No. 16, supra, page 5237. t 59 Vie. No. 23 and Amending Acts, supra, page 8415.

10008 S.20. HARBOURS. Harbour Boards Acts Amendment Act. 13 GEO. V. No. 35, (c) One of such members shall be elected bv the electors of the Shires of Fitzroy and Living- stone; (d) Two of such members shall be elected bv the Aldermen of the Town of Clermont and the Councillors of the Shires of Banana, Bauhinia, Belyando, Calliunga1, Duaringa,. Emerald, and Peak Downs; (f:) Two of such members shall be elected by the Councillors of the Town of BlackaH and of the Shires of Aramac, Barcaldine,. Barcoo, Diamantina, Ilfracombe, Isisford,. Kargoolnah, Longreach, and Tambo. (2.) lTor the purposes of the election of a member the Shire8 of Fitzroy and Livingstone shall be considered to be one Area, and the respective Voters' Rolls thereof shaH be considered to be Voters' Rolls respectively of divisions of such Area. The returning officer at such election shall be the clerk of the Shire of Fitzroy, unless the Govnnor in Council appoints some other person to be such returning officer. . (3.) 'Vith respect, to the election of members by the groups of Local Authorities mentioned in paragraphs (d) and (e) of subsection one hereof, the provisions in that behaU set forth in the Principal Act shall be observed." I B 3t S 1e . , p2ae5naldto of and t ( h ii e i.) FiSrescttaionnds tTwheinrdtyS-fcihveedtuoltehsi,rtayr- eorneep,ebaoletdh. inclusive, Schedules I. and Ill. Amendment (iv.) Sections nine and ten of *"The Rockhampton ~ ~ ~ ~ t of Harbour Board Act, 1895, Amendment Act of 1897" are . repealed. Amendment (v.) Section two and the Schedule of t"The Rockhamp- o 19 f 1A4c. t of ton Harbour Board Act Amendment Act of 1914" arc repealed. Repeal of (vi.) t"The Rockhampton Harbour Board Acts Amend- t: ig, o~ N~ 6, ment Act of 1906," §" The RockhamJJton Harbour Board and 1917. '" 61 Vie. No. 20, supra, page 3993. t 5 Goo. V. No. 19, 8upra, page' 6425. t 6 Edw. VII. No. 23, 8upra, page 3996. § 1 Goo. V. No. 6, supra, page 3996.

HARBOURS. s.21. 1922. HarbOtlr Boards Acts Amendment Act. Acts Amendment Act 0/ 1910," *" The Rockkampton Harb01lr Board Acts Amendment Act 0/ 1915," and t"The Rockhampton Harbotlr Board Acts Amendment Act of 1917" are repealed. 10009 Townsville Harbour. 21. t" The Townsville Harbour Board Acts, 1895 to 1916," are hereby amended as follows :-. (i.) Section seven is· repealed, and the following RenAa.l of section is inserted jn lieu thereof :- s.l. " [7.] The Harbour Board District shall consist of Harbour the Area for the time being comprised within the ~ ? :' fct. boundaries of the Cities of Charters Towers and Townsville, the ~own of Hughenden, and the Sllires of Dalrymple, Flinders, Rave~ swood, Thuringowa, and Divisions two and three of the Shire of Ayr, as constituted under and for the purposes of the Local Authorities Act. (ii.) Section nine is repealed, and the following section Amendment is inserted in lieu thereof :_ . ' oh. 9. "[9.] (1.) Until otherwise directed pursuant to Constitution section seventeen of the Principal Act- of Board. (i.) The Board shall consist of two non-elective members and seven elective members; (ii.) Such two non-elective members shall be ap- pointe~ by the Governor in Council; (iii.) The seven elective members of the Board shaH be elected as follows :.-- (a) Two of such members shall be elected by the electors of the City of Townsville ; (b) One of such members shall be elected by the electors of the City of Charters Towers; (c) One of such members shall be elected by the electors of the Shire of Thuringowa ; . (d) One of such members shall be elected by the electors of the Shire of Dalrymple ; * 6 Geo. V. No. 27, supra, page 7133. t 8 Geo. V. No. 4, supra, page 8363. t 59 Vic. No. 24 and Amending Acts, 8upra, page 8231.

10010 s. 21. HARBOURS. Harbour Boards Acts Arnendm.ent Act. 13 GEO. V. No. 35, . (e) One of such members shall be elected by the electors of the Town of Hughenden and of the Shire of Flinders ; (I) One of such members shall be elected by the electors of Divisions two and three of the Shire of Ayr and the electors of the Shire of Ravenswood. (2.) For the purposes of the election of a member, the Town of Hughenden and the Shire of Flinders shall be considered to be one Area, and the respective Voters' Rolls thereof shall be considered to be Voters' Rolls respectively of divisions of such Area. The returning officer at such election shall be the clerk of the Town of Hughenden, unless the Governor in Council appoints some other person to be such returning officer. For the purposes of the election of a member, Divisions two and three of the Shire of Ayr and the Shire of Ravenswood shall be considered to be one Area, and the respective Voters' Rolls thereof shall be considered to be Voters' Rolls respectively of divisions of such Area. The returning officer at such election shall be the clerk of the Shire of Ravenswood, unless the Governor in Council appoints some other person to be such returning officer. Repeal of (iii.) Sections twenty-six to forty, both inclusive, ~ ~ , ~ : ~ o and the First, Third, and Fourth Schedules, are repealed. Schedules I., Ill., and IV Amendment (iv.) Sections eight and nine of *" The Townsville o 18 f 9 A 7 c . t of Harbour Board Act, 1895, Amendment Act of 1897" are repealed. Repeal of (V.) t" The Townsvilie Harbour Board Acts Amend- Acts of 1910ment Act oj 1910" and t" The Townsville Harbour Board and 1914. Acts Amendment Act 0/ 1914" are repealed. Amendment of Act of (vi.) Sections two and three and the Hecond, fourth, 1916. and fifth paragraphs of section four and the schedule of §" The Townsville Harbour Board Acts Amendment Act oj 1916" are repealed. * 61 Vic. No. 21, supra, page 4016. t 1 Geo. V. No. 8, s1lpra, page 4025. :t 5 Geo. V. No. 31, supra, page 6430. § 7 Geo. V. No. 7, supra, page 7671.

1!122. HARBOURS. ss. 22, 23. Harbour Boards Acts Amcndment Act. 1001J Existing M embers. 22. Notwithstanding anything contained in the Term <if Principal Act as amended by this Act fixing generally ~ ~ ~ : i~ ! the term of office of members of Harbour Boards, but members. subject otherwise to the provisions of the Principal Act as amended by this Act, all members (both elective and non-elective members) of each Harbour Board who are in office at the date of the passing of this Act shall remain in office until the conclusion of the election of elective members of the Harbour Board concerned in the ye[ ~ r one thousand nine hundred and twenty-four, when all of them who are not re-appointed or re-elected to be members shall go out of office. Any casual vacancy occurring in the office of such member shall be filled by the appointment by the Governor in Council or by election by electors, as the case may require, of a member to fill the vacancy; and in the latter case the Governor in Council is hereby empowered to make all such orders and give all such directions as he thinks proper for the purpose. First Elections. 23. The first election of the elective members of First each Harbour Board respectively under the Principal Act elections il~ and the Special Act, as respectively amended by this Act, 1924. shall be held as prescribed by the Principal Act in the month of March, one thousand nine hundred and twenty- four, at which election all the elective members thereof shall be elected. Thereafter elections of elective members of the said Board shall be held in every third year as prescribed by the Principal Act. F