Harbour Boards Acts Amendment Act of 1928 (19 Geo v No. 22) (Qld)

HARBOURS. 19 GEO. V. No. 22, 1928. Harbour Boards Acts Amendment Act. EMPLOYMENT OF CIJILDREN. See CHILDREN. FARM PRODUCE AGENTS. See AGRICULTURE. FEDERAL AID ROADS. See ROADS. FINANCIAL AGREEMENT-COMMONWEALTH AND STATE. See LOANS. FOODS. See STOCK. FRUIT MARKETING ORGANISATION. See PRIMARY PRODUCE (19 GEO. V. No. 8). GUARDIANSHIP OF CHILDREN. See CHILDREN. 12159 HARBOURS. An Act to Amend the Laws relating to Harbour 19 Geo. V. :Boards in certain particulars. No. 22. THE HARBOUR [ASSENTED TO 1.4TH NOVEMBER, 1928.] BOARDS ACTS B E it enacted b • y the King's Most Excellent MaJ' estv ~ , AMAENCTDMOEFNT by and with the advice and consent of the Legis- 1928. lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as " The Harbour Boards Short title A W c • I t t s h A * m " TenhdemHeanrtbAoucrt oBfo 1 a 9 rd 2 s 8, A " c a t n , d18s9h2a,l"l abnedreI • taSd saesveornael ca o o f nnd A s tc r t u . e t' IOn a.mendments, herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Harbour Boards Acts, 1892 to 1928." * 56 Vie. No. 26, 10 Geo. V. No. 18, and 13 Geo. V. No. 35, 8upra, pages 819, 9127, and 9990.

12160 HARBOTTRS. Harbour Boards Acts Amendment Act. 19 GEO. V. No. 22, Amendment 2. The following new section is inserted after AofcPt. rinc.ipal section 3le of the Principal Act : - Insertion of section 3lD. Continuation "[31D.] Notwithstanding anything in this Act of office. contained, the members of a Harbour Board in office in the year in which the trieIUlial elections are h~ ld shall continue and remain in office until the whole of the elected members of the Board are elected in accordance with this Act and the Special Act, and notwithstanding that such first-mentioned members may thereby hold office as members of the Board for a longer period than three years." Amendment 3. Section thirty-three of the Principal Act is ~ te\ ) ; i! c~ ~ al repealed and the following section is inserted in lieu Act. thereof :- Filling of "[33.] (1.) Save as is hereinafter provided, if the vacancies.. office of an elective member of a Board becomes vacant from any of the causes aforesaid, or from death, such vacancy shall be deemed to be an extraordinary vacancy. When any such extraordinary vacancy arises, the members of the Local Authority Area or Division, as the case may be, to which Area or Division is assigned the election .to the Board of the member whose office has become vacant, shall, at a special meeting called for the purpose, appoint a qualified person to be member in his stead. If after the expiration of fourteen days from the time appointed for the special meeting as aforesaid no member is appointed, the Governor in Council may appoint a qualified person to fill such vacancy: Provided that before the expiration of such time, on the request in writing under their hands of an absolute majority of the members of the Local Authority Area or Division so to do, the Governor in Council may appoint a qualified person to fill such vacancy. Group Local (2.) Provided, however, that in case where an Authorities. ex t raordinary vacancy has occurred U. l respect 0 f a member elected by members of a group of local authorities in accordance with the provisions of this Act and the Special Act, the provisions of subsection one of this section shall not apply with respect to the filling of such vacancy, but an election shall be held for the election of some qualified person to fill such vacancy.

1928. HARBOURS. Harbour Boards Aets Amendment Act. 12161 The provisions of section 31A and the rules there- under of this Act shall, mutatis mutandis, apply in respect of the election referred to in this subsection, and such rules may be amended or modified by Order in Council published in the Gazette to meet the circumstances of any particular election under this subsection. .(3.) (A.) Provided further that- Ft.rther special cases (i.) In respect of a vacancy in the office of a of vacancies. member of the Rockhampton Harbour Board who had been elected by the electors of the Shires of Fitzroy and Livingstone pursuant to paragraph (c) of subsection one of section eight of *" The Rockhampton Harbour Board Act, 1895 " (as amended by subsequent Acts), the Councillors of such Shires shall together elect by ballot a qualified person to fill such vacancy; (ii.) In respect of a vacancy in the office of a member of the Townsville Harbour Board who had been elected by the electors of the Town of Hughenden and of the Shire of Flinders pursuant to paragraph (e) of sub- section one of section nine of t"The Townsville Harbour Board Act, 1895" (as amended by subsequent Acts), the aldermen of the Town and the Councillors of the Shire concerned shall together elect by ballot a qualified person to fill such vacancy. (iii.) In' respect of a vacancy in the office of a member of the Townsville Harbour Board who had been elected by the electors of Divisions Il. and Ill. of the Shire of Ayr and the electors of the Shire of Ravenswood pursuant to paragraph (f) of subsection one of section nine of t" The Townsville Harbour Board Act, 1895 " (as amended by subsequent Acts), the councillors representing the afore- said Divisions of the Shire of Ayr and of the Shire of Ravenswood shall together elect by ballot a qualified person to fill such vacancy. * 59 Vie. No. 23 and amending Acts, supra, page 8415. t 59 Vie. No. 24 and amending Acts, supra, page 8231

12162 HARBOURS. Harbour Boards Acts Amendment Act. 19 Gm. V. No. 22, Rules (B.) 'Vith respect to the election of a member to e re le g c a t r i d o i n n s g in fill any vacancy in accordance with the provisions of such cases. this subsection, the following rules shall apply and be observed :- (1) The time and place of every such election shall be appointed by the Governor in Council by notice in the Gazette. (2) The Governor in Council may appoint a returning officer to take the poll at the election. Every such appointment shall be notified in the Gazette: Provided that in regard to an election in respect of a vacancy occurring- (a) In the Rockhampton Harbour Board, as set forth in paragraph (i.) aforesaid, the clerk for the time being of the Shire of Fitzroy : (b) In the Townsville Harbour Board, as set forth in paragraph (ii.) aforesaid, the clerk for the time being of the Town of Hughenden: (c) In the Townsville Harbour Board, as set forth in paragraph (iii.) aforesaid, the clerk for the time being of the Shire of Ravenswood, shall, unless the Governor in Council appoints some other person, be the returning officer for any such election. (3) For the purpose of enabling the returning officer to compile a roll of the persons to vote at such election, the clerk of the Local Authority of the Town or Shire shall, within fourteen days from the date in the Gazette of the notification of such election, forward to the returning officer a correct list of the names and addresses of all members of the Local Authority of the Town or Shire (or Division of the Shire), as the case may be, of which he is the 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. (4) Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed

1928. HARBOURS. Harbour Boards Acts Amendment Act. 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 the Local Authority concerned 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) After 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 candi- date he shall be nominated by at least one member of the Local Authority of the Town, or Shire or division of the Shire, as the case may be. 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 [addres8 and occupation], to be a candidate for election as member of the abovenamed Board at the ensuing election to fill the vacancy [insert particulars]. I am a member of the Local Authority of [insert Town, Shire, or Division, as the case may be]. Dated at the day of 19 . [Signature.] I~ocal Authority [Town. Shire, or Division, as the case may be.] Such nomination paper shall be delivered or sent to the returning officer so as to reach him at least two days before the 12163

12164 HARBOURS. HarbouT BoaTds Acts Amendment Act. 19 GEO. V. No. 22, day appointed for the election. No person who is not so nominated shall be or be deemed to be a candidate at the election. (8) 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 so 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 of the abovenamed Board to fill the vacancy [insert particulars]. I vote for- ADDISON, JAMES I \. I I BAKER, JOHN CHARLES FISHER, WILLIAM II [Signature of Voter.] N OTE.- This Ballot-paper must be posted to the returning officer at [place of election] so as to reach him before five o'clock after noon on the day of , 19 [day of the count]. and shall post one ballot-paper, previously initialled by him, to each of the voters entitled to vote at the election. 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

HARBOURS. 12165 1928. Harbour Boards Acts Amendment Act. of the candidate or candidates for whom he votes, and by signing his name. He shall then post the same, 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 after noon 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 after noon, and shall open and count all the votes given for each candidate which have then reached him, and shall forthwith 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. (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 offieer shall decide by his casting vote which shall be elected. (12) The returning officer shall forthwith report to the Board the name of the member elected. (13) The Board shall repay to the returning officer all expenses reasonably incurred by him in connection with the election. (4.) A person appointed or elected under the pro- Duration of visio~ s of this se~ tio~ to fill any vacancy referred. to : ~ ~ : f therem shall retam h18 office so long as the vacatmg appointed or member would have retained it if no vacancy had elected. occurred." 4. In section forty-one of the Principal Act the Amendment words" At the first meeting of the Board " are repealed tO f h e S' p4 n ~ nC o~ lpa 1 and the words "At the first meeting of the Board as Act. constituted afresh after the conclusion of the triennial dection of the elected members of the Board" are inserted 'in lieu thereof.

12166 HARBOURS. Harbour Boards Acts Amendment Act. 19 GEO. V. No. 22, 1928. The following new paragraphs are added to section forty-one, as follows :- "In each subsequent year after the year one thousand nine hundred and twenty-eight, the chairman shall be elected at the first meeting of the Board held in the same month in which the chairman was elected in the year one thousand nine hundred and twenty- eight, or at some adjournment thereof. Notwithstanding anything in this Act contained,. the chairman of every Harbour Board shall hold and continue in office as chairman in the year in which the triennial elections are held, until the whole of the elected members of the Board are elected in accordance with this Act and the Special Act, and notwithstanding that such chairman may thereby hold office as chairman of the Board for a longer period than one year." 5. The following amendments are made in the Special Acts, namely :- Amendments in the Special Acts. *" The Roclchampton Harbour Board Act, 1895" (as Amended by Subsequent Acts). In section seven of *"The Roclchampton Harbour Board Act, 1895" (as amended by subsequent Acts); after the word "Isisford" the word "Jericho" is inserted. In paragraph (e) of subsection one of section eight of such Act, the word "Councillors" is repealed and the word "Aldermen" is substituted in lieu thereof; also, before the words "of the Shires" the words "the Councillors" are inserted; also, after the word "Isisford" the word "Jericho" is inserted. t"The Cairns Harbour Board Act of 1905" (as Amended by Subsequent Acts). In subsection three of section three of t" The Cairns' Harbour Board Act of 1905" (as amended by subsequen~ Acts), the word "Einasleigh" is repealed and the word "Etheridge" is inserted in lieu thereof; also, in the second paragraph of subsection four of the said section, the word "Einasleigh" is repealed and the word "Etheridge" is inserted in lieu thereof. *59 Vic. No. 23 and amending Acts, supra, page 8415. t 5 Edw. VII. No. 27 and 2 Geo. V. No. 12, supra, pages 3946 and 5235.