Harbour Boards Acts Amendment Act of 1952 (1 Eliz II No. 53) (Qld)

224 HARBOURS. Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, HARBOURS. 1 N E o l . iz 5 . 3I. I. An Act to Amend “ The Harbour Boards Acts, 1892 T he H arbour B oards A cts A mendment to 1951,” in certain particulars; and for A ct op 1952. other purposes. [A ssented to 18 th D ecember , 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 PART I.— P reliminary . P art I.—P reliminary . Short title 1. This Act may be cited as “ The Harbour Boards caonndstruction. Acts Amendment Act of 1952,” and shall be read as one with *“ The Harbour Boards Acts, 1892 to 1951,” herein referred to as the Principal Act. tCitollel. ective be ciTtehde aPsri“ nc T i h p e al H A ar c b t ou a r nd Bo t a h r i d s s A A c c t ts, m1a8y92cotlolec1t9iv5e2l.y” Parts of Act. 2. This Act is divided into Parts as follows :— P art I.—P reliminary ; P art II.—A mendments oe *“ T he H arbour B oards A cts , 1892 to 1951 ” ; P art III.—A cquisition oe C ertain H arbour W orks by the S tate from the C ommonwealth ; P art IV.—T ransfer of certain H arbour W orks and property appertaining THERETO FROM THE COMMISSIONER OF P art II.— A mendments P of “ T he H arbour art B oards A cts , 1892 TO 1951.” R ailways to the C orporation . II.—A mendments of *“ T he H arbour A cts , 1892 to 1951 ”. B oards New s. 9 b 3. The following section is inserted after section inserted. 9 a of the Principal Act, namely :— . Recon­ stitution “ [9 b .] ( 1 .) Upon a day to be appointed by the and change Governor in Council by Proclamation published in the oinf t“hTehneame Gazette (which day is in this section referred to as the Corporation “ appointed day ”)— of the Treasurer of (a) The corporation sole constituted under section Queens­ land ” 9 a of this Act under the name and style of “ The Corporation of the Treasurer of Queensland ” shall be reconstituted as a * 56 V. No. 26 and amending Acts.

HARBOURS. 225 1952. P art II.— Harbour Boards Acts Amendment Act. A mendments of “ T he H arbour B oards A cts , body corporate and shall consist of five 1892 to 1951.** members who shall be appointed in accordance with this section; and (b) The name and style of the said corporation as so reconstituted shall be changed to “ The Queensland Harbours Trust (2.) On and from the appointed day any reference in this or any other Act, or in any Proclamation, Order in Council, by-law or regulation, or in any document or writing whatsoever to the Corporation constituted under section 9 a of this Act shall be read and construed as referring to that Corporation as reconstituted and renamed by this section. (3.) Neither the reconstitution nor the change in the name and style of the Corporation as made upon the appointed day under and pursuant to this section shall affect the continuity of the identity of, or any rights or obligations of the Corporation, or render defective any legal proceedings by or against the Corporation, and any legal proceedings that might have been commenced or continued by or against the Corporation as constituted by the Minister may be commenced or continued against it under its changed name and style and as reconstituted pursuant to this section. ( 4 .) (a) The Governor in Council shall, before the appointed day, appoint the five persons by whom the Corporation is to be reconstituted upon the appointed day. (b) Successive appointments of persons to be members of the Corporation as reconstituted as aforesaid shall be made by the Governor in Council when and so often as is necessary by reason of the expiration of the term of office of all or any of the members thereof or the happening of any casual vacancy in the office of a member thereof. (c) Every such appointment shall be made by Order in Council published in the Gazette and the member thereunto designated by the Governor in Council in the Order in Council appointing him shall be the chairman of the Corporation as reconstituted as aforesaid. The Governor in Council may designate a member, other than the Chairman to be the Deputy Chairman of the Corporation as reconstituted as aforesaid. H

226 HARBOURS. P art II.— A mendments of “ T he H arbour B oards A cts , 1892 TO 1951.” Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, (d) Unless disqualified as prescribed, every member (including the Chairman and, if so appointed, the Deputy Chairman) shall hold his respective office for the term for which he is appointed, and be eligible for reappointment. (e) In making the first or any successive appointment of the full number of the members, two of the appointees shall be persons well versed respectively in matters relating to shipping and to the industries of this State. In filling a casual vacancy in the office of either of those two members, the appointee shall be a person with the like qualification to that had by his predecessor in office as a member of the Corporation as reconstituted as aforesaid. (/) A person holding office under the Crown in right of this State may be appointed to the office of a member of the Corporation as reconstituted as aforesaid and may hold in conjunction both of those offices. (5.) The Governor in Council may make regulations prescribing the disqualifications from office as a member of the Corporation as reconstituted as aforesaid ; the times and places of meetings of the Corporation as reconstituted as aforesaid; procedure, voting, order of business, quorum and other matters connected with meetings of the Corporation as reconstituted as aforesaid; deputies for members or for a specified member or members of the Corporation as reconstituted as aforesaid and the powers and duties of such a deputy ; and payment to members or to a specified member or members of the Corporation as reconstituted as aforesaid either by way of remuneration, or allowances for expenses, or both. Provided that, at any time when regulations prescribing any of the following matters are not in force that is to say— (a) The time and place of the first meeting of the Corporation as reconstituted under this section or of the first meeting thereof after the second or any successive appointment of all of the members thereof, the Minister may fix that time and place ;

HARBOURS. 227 PART II.— 1952. Harbour Boards Acts Amendment Act. A mendments of “ T he H arbour B oards A cts , ( b ) Times and places of other meetings of the 1892 to 1951.” Corporation as reconstituted under this section, and procedure, voting, order of business, and other matters connected with meetings of the Corporation, the Corporation may determine the same ; and (c) The quorum at meetings of the Corporation as reconstituted under this section, the Minister may determine the quorum. (6.) For the purposes of *“ The Public Service Acts, Department 1922 to 1950,” and the regulations thereunder, The Queensland Queensland Harbours Trust (but not including any Harboiirs member thereof as such) and such of its officers as 1118' are appointed under those Acts, whether before, on, or after the appointed day shall constitute a Department of the Public Service within the meaning of such Acts under the name of the “ Department of The Queensland Harbours Trust,” and the chairman of the Corporation as reconstituted as aforesaid shall, notwithstanding that he may not hold office under those Acts, be the permanent head of that Department unless and until another person is defined by the regulations under those Acts to be that permanent head. All officers who, being appointed under *“ The Public Service Acts, 1922 to 1950,” are, immediately prior to the appointed day, officers of the Corporation, shall, on the appointed day, become officers of the Corporation as reconstituted as aforesaid.” 4. Section ten of the Principal Act is amended by ^“en1^,nents repealing the last paragraph thereof and by inserting, ° s’ ' in lieu of that repealed paragraph, the following paragraph, namely:— “ The foregoing provisions of this section shall be subject to the following limitations, that is to say:— (a) Unless and until otherwise determined by the Governor in Council, it shall be obligatory on the Corporation as reconstituted under section 9 b of this Act to continue to exercise and perform the powers, functions, duties and authorities by this Act conferred upon Harbour Boards in respect of any port or * 13 G. 5 No. 31 and amending Acts.

228 P art II.— A mendments of “ T he H arbour B oards A cts , 1892 to 1951.” HARBOURS. Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, place in Queensland in respect whereof the Corporation was exercising and performing the same when so reconstituted ; (b) Except as required by subparagraph (a) of this paragraph, the Corporation as so reconstituted shall not exercise and perform any of the powers, functions, duties and authorities by this Act conferred upon Harbour Boards in any port or place in Queensland without the prior approval, by Order in Council, of the Governor in Council.” Amendment 5. Section twenty-eight of the Principal Act is of s. 28. amended by repealing, in paragraph (e) of the proviso thereto, the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ two hundred pounds.” Repeal of and new ss. 41, 42 and 43. 6. Sections forty-one, forty-two and forty-three of the Principal Act are repealed and, in lieu of those repealed sections, the following sections are inserted, namely :— Chairman “ [42.] (2.) Members of the Board elected annually achnadirdmepanu.ty as prescribed by this section shall be respectively the chairman and deputy chairman thereof. (2.) The tenure of the offices of chairman and deputy chairman of the members respectively elected or appointed thereto— (a) Shall commence on the day of such election or appointment; and ( b ) Unless sooner vacated as prescribed, or unless the holder is duly re-elected or re-appointed to his respective office, shall be terminated upon the election or appointment to the office in question held or made in the next succeeding year. (3.) Every member shall be eligible for election or appointment and for re-election or re-appointment from time to time to office as chairman or deputy chairman. (4.) At the first meeting of a Board appointed to be held by the Governor in Council (or at some adjournment of that meeting) and thereafter at every meeting thereof first held after the conclusion of the triennial election of the elective members thereof (or at

HARBOURS. 229 PART II — 1952. Harbour Boards Acts Amendment Act. A mendments op “ T he H arbour B oards A cts , some adjournment of that meeting) the members present 1892 TO 1951.” shall elect from the members of the Board one to be chairman and one to be deputy chairman of the Board. (5.) In the second and third years of each and every triennial period of office of the elective members of the Board the annual election of the chairman and of the deputy chairman shall be held in the same month as the month of the first year of that triennial period in which the meeting specified in subsection four of this section was held by the Board, and at the first meeting in that month of the Board held respectively in the second and third year (or at some adjournment of that meeting) the members present shall elect from the members of the Board one to be chairman and one to be deputy chairman of the Board. (6.) The provisions of this section shall, subject to all necessary modifications thereof, apply in respect of any period of office of less than three years of the elective members consequent on the constitution of a new Board or consequent on the dissolution of a Board, and an annual election of chairman and deputy chairman shall be held in the first and any subsequent year of that period accordingly. (7.) Every Board subsisting at the date of the passing of *“ The Harbour Boards Acts Amendment Act of 1952," may elect, in accordance with the provisions of this section, a deputy chairman for the balance unexpired as at that date of the then current year of the triennial period of the elective members thereof, and every such Board shall so elect a deputy chairman as well as a chairman in and for each year occurring after that date of that triennial period. [42.] If, for any reason the chairman, or deputy when chairman, or both the chairman and deputy chairman of any Board are not elected for any year in accordance appoint with the provisions of section forty-one of this Act, the Governor in Council may, in respect of that year, chairman/ thereupon appoint by Order in Council from the members of that Board a chairman, or a deputy chairman, or a chairman and a deputy chairman, as the case requires. [43.] If the chairman or the deputy chairman Casual resigns his office as such or as a member of the Board, ^facTof m or his office as a member of the Board becomes vacated, chairman or the members of the Board present at a meeting held ^ahSLm. * This Act.

230 HARBOURS. PART II.— A moefn “ dm T henets Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, H arbour B oards A cts , 1892 TO 1951.” within one month after the occurrence of the vacancy (or at some adjournment of that meeting) shall elect another member to be chairman or, as the case requires, deputy chairman. If for any reason an election is not held in accordance with the provisions of this section, the Governor in Council may thereupon appoint by Order in Council a member of the Board in question to the office for which that election was required by this section to be held. A member elected or appointed under this section shall hold the office to which he is elected or appointed for the remainder of the period for which his predecessor was elected or appointed to that office.” Repeal of and new s. 54 a . Powers of deputy chairman. 7. Section 54 a of the Principal Act is repealed and, in lieu thereof, the following section is inserted, namely:— “ [54 a .] ( 1 .) The deputy chairman of the Board may act in the office of the chairman thereof during such time as the chairman is prevented by illness, absence or otherwise from performing the duties of the office of chairman, or during such time as a vacancy exists in the office of chairman. (2.) A deputy chairman of a Board acting in the office of the chairman thereof shall be presumed to so act pursuant to due authority under this section unless and until the contrary is proved. (3.) If both the chairman and deputy chairman are absent from a meeting of the Board, the members present at that meeting may appoint one such member to act as chairman of that meeting and the member so appointed may so act.” Amendment 8. Section one hundred and four of the Principal of s. 104. Act is amended by inserting, after paragraph (9.) thereof, the following paragraph, namely :— “ ( 9 a . ) The licensing by the Board of mechanical plant and equipment used upon wharves for handling or transporting goods; providing for, regulating and controlling applications for, and the grant, issue and renewal of such licenses (including the information and particulars to be furnished in respect of such applications and the terms, provisions and conditions upon and subject

HARBOURS. 231 P art II — 1952. Harbour Boards Acts Amendment Act. A mendments of “ T he H arbour B oards A cts , to which such licenses may be granted or renewed); 1892 TO 1951.” prescribing the fees which shall be payable for such licenses and for renewals thereof (which fees may differ in respect of different plant or equipment); providing for the cancellation and suspension of such licenses for breaches of the terms, provisions and conditions thereof; and prohibiting the use as aforesaid of any such plant or equipment not duly so licensed.” 9. Section 104 a of the Principal Act is amended— Amendments (a) By inserting after subparagraph (ii.) ofofs- 104a- paragraph ( b) thereof the following subparagraphs, namely :— “ (iii.) Provision that, in the case of an employee whose service has been meritorious himself terminating that service, or the Board terminating that service for cause other than misconduct, after that employee has become eligible for a period of long service leave, a sum equal to salary or other remuneration for that period at the rate the employee was receiving at the date of the termination of his service may be granted to him in lieu of the long service leave. (iv.) Provision for including in, and for deeming to be part of, any period of continuous service with the Board performance of which by an employee renders him eligible for any long service leave, any period during which that employee shall have served as a member of the Naval, Military or Air Forces (other than a permanent such force and other than the British Commonwealth Occupation Forces in Japan) of the Commonwealth or of the Civil Construction Corps established under the *“ NationalSecurityAct1939,” as amended by subsequent Acts, of the Commonwealth or, in the case of a female employee, shall have served as a member of, or of any service forming part of, those Forces or any of them, including as medical practitioner, or nurse, or masseuse, or otherwise : * No. 15 of 1939 of the Commonwealth.

232 HARBOURS. P art II.— A mendments of “ T he H arbour B oards A cts , 1892 TO 1951/' Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, Provided that this subparagraph shall not apply— (a) In respect of any employee unless he or she was last employed by the Board before he or she commenced to serve as such member; or ( b ) In respect of service had by any employee, whether for a specified period or without limit of time, with any of the permanent Naval, Military or Air Forces of the Commonwealth or with the British Commonwealth Occupation Forces in Japan.” ( b ) By renumbering subparagraphs (iii.) and (iv.) of the said paragraph ( b ) as subparagraphs (v.) and (vi.) respectively of that paragraph. (c) By adding to the said paragraph (6) the following subparagraph, namely :— “ Notwithstanding anything hereinbefore contained in this paragraph ( b) any by-laws made under the authority of this paragraph ( b ) shall contain provisions ensuring to employees of the Board a minimum entitlement to long service leave on full pay under, subject to, and in accordance with the provisions of section 10 b of *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1952.” Amendment 10. Section one hundred and nine of the Principal of s. 109. Act is amended by repealing therein the words “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ one hundred pounds ”. Repeal of 11 . Sections one hundred and fourteen and one n^ancT'new hundred and fifteen of the Principal Act are repealed s. ii4. and, in lieu of those repealed sections, the following section is inserted, namely :— budgetand u ge ' * [^^*1 (A) Every Harbour Board shall establish the following funds, that is to say— (a) A Harbour Fund ; ( b) A Trust Fund ; and ( c ) A Loan Fund. * 23 Gr. 5 No. 36 and amending Acts.

HARBOURS. 233 P art II.— 1952. Harbour Boards Acts Amendment Act. A mendments of “ T he H arbour B oards A cts , The funds shall be separate and distinct, and a 1892 to 1951.” separate bank account shall be kept for each fund. (2.) (i.) The Harbour Fund shall consist of the Harbour moneys following, that is to say—harbour dues, wharfage Fund' dues, tonnage dues, plant hire, crane charges, license fees, rentals, sand sales, water sales, mooring fees and all other moneys received by the Board not appertaining to any other fund ; (ii.) The Harbour Fund shall be applied to— (a) Expenditure necessarily incurred by the Board in the exercise and performance of its powers, authorities, functions and duties under this Act, unless this Act contains express provision charging such expenditure to any other fund ; ( b) Payment of all sums due for interest and redemption of the loan liability incurred by the Board; (c) Payment of any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law, and any sum which by any order made or purporting to be made under this Act the Board is directed to pay by way of expenses, compensation, damages, costs, or otherwise. (3.) The Trust Fund shall consist of all moneys Trust Fund, paid to the Harbour Board by way of deposit or in trust for any person under this Act or any other Act. The Trust Fund shall be applied to the payment to or on behalf of the person entitled thereto of moneys held by way of deposit or in trust for any person. (4.) The Loan Fund shall consist of all moneys Loan Fund, received by way of loan and subsidy in respect of the work or purposes for which any loans shall have been authorised. The Loan Fund shall be applied to expenditure necessarily incurred in carrying out the work in respect of which the loan liability was incurred and subsidies, if any, received.

234 HARBOURS. P art II.— A moefn “ dm T ehnets Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, H arbour B oards A cts , 1892 TO 1951.’ (5.) (i.) Every Board shall frame and adopt a Budget. budget for the year commencing on the first day of July, one thousand nine hundred and fifty-three, and for each and every year thereafter. Separate budgets shall be framed and adopted for the Harbour Fund and the Loan Fund. (ii.) In framing the budget for the Harbour Fund, the Board shall estimate for the current year— (а) The amounts to be disbursed upon the several works, matters and things, to which the Harbour Fund is applicable as hereinbefore in this section directed which amounts shall, subject as hereinafter directed in this subsection, be set out under the following headings, namely :— (1) Administration of Board ; (2) Maintenance of harbour works including dredging ; (3) Plant working (exclusive of dredging) including maintenance and renewals; (4) Capital expenditure ; (5) General; (6) Annual charges for interest and redemption of loans ; and (б) The amounts expected to be received from the several sources of income of the Board and the amounts expected to be received of all other moneys hereinbefore in this section directed to be paid into the Harbour Fund. (iii.) In framing the budget for the Loan Fund the Board shall estimate for the current year— (a) The amounts to be disbursed upon the works or purposes in respect of which loans have been authorised to be raised ; (b ) The amounts expected to be raised by way of loans and subsidies on loans. (iv.) The estimates of receipts shall be set out as nearly as may be separately in accordance with the several sources of receipts, and disbursements as nearly as may be in accordance with each particular power, authority, duty or function, and where receipts

HARBOURS. 235 1952. Harbour Boards Acts Amendment Act. and disbursements are for corresponding P art II.— A mendments of “ T he H arbour B oards A cts , powers, 1892 to 1951.” authorities, duties or functions, such receipts and disbursements shall be set out opposite each other in the budget. (v.) Subject to this section, the budget shall show the following information, that is to say :— (a) ’Particulars of each item ; (b) Estimates adopted for the previous year; (c) Actual receipts and disbursements for the previous year; and (d) Estimates of receipts and disbursements for the current year. (vi.) The Board shall frame and adopt the budget for any year before the thirty-first day of August in that year or such later date as the Minister (who is hereby thereunto authorised) may on the application of the Board permit. (vii.) If at the end of any year there is a surplus or deficit, such surplus or deficit shall be carried forward and taken into account in framing the budget for the next ensuing year : Provided that if in any year there is a surplus the Board may place the same or any part thereof to the credit of a reserve fund for the purpose of the application thereof at some future time to the carrying out of harbour improvements or deferred maintenance. (viii.) At the close of each year all authorizations of expenditure and votes of money therefor shall lapse. Any votes so lapsing may be re-voted. Any ordinary disbursement of the Board in any year prior to the adoption of the budget for that year is authorised and shall be included in the budget for that year.” 12. Section one hundred and forty of the Principal Amendment Act is amended by adding thereto the followingofs'140, paragraph, namely :— “ The benefit of this section shall not be claimable in respect of goods obtained by a Department of the Government of this State (or by a Board or other authority charged with the function of obtaining goods

236 HARBOURS. P art II.— A moefn “ dm T heents Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, H arbour B oards A cts , 1892 TO 1951.’ ’ required for or for the service of the Government of this State) or by any statutory corporation or instrumentality (whether representing the Crown in right of this State or not)— (а) For or on behalf of, or for disposal to, any Local Authority, corporation, instrumentality or person which or who, in respect of those goods, would be liable for dues payable under this Act had it or he obtained those goods directly; or (б) For use in the construction or manufacture of buildings, houses, or any other things whatsoever for sale or letting to persons who, in respect of those goods, would be liable for dues payable under this Act had they obtained those goods directly.” Repeal oi and new s. 143. Power to borrow. 13. Section one hundred and forty-three of the Principal Act is repealed and in lieu of that repealed section, the following section is inserted, namely :— “ [143.(1.) Subject to this Act, the Board may from time to time, for the purpose of enabling it to exercise and perform its functions, borrow money— (a) From the Treasurer ; or ( b) By the sale of debentures, bonds or inscribed stock ; or (c) Partly in one way and partly in another way or ways as aforesaid. Negotia­ tions. (2.) Before entering into negotiations to borrow money by the sale of debentures, bonds or inscribed stock the Board shall first obtain the sanction of the Treasurer authorising it to enter upon such negotiations. Authority to borrow. (3.) The Board shall not borrow any money unless the authority of the Governor in Council thereto is first obtained. In the case of a loan to be raised in whole or in part by the sale of debentures, bonds or inscribed stock the authority shall be given by Order in Council. Local body. (4.) The Board shall be and be deemed to be a “ local body ” under and within the meaning of *“ The Local Bodies’ Loans Guarantee Acts, 1923 to 1936,” the provisions of which shall, subject to such modifications * 14 Oi c No. 8 and amending Acts.

HARBOURS. 237 P art II.— 1952. Harbour Boards Acts Amendment Act. A mendments oe “ T he H arbour B oards A cts , thereof as the Governor in Council may by Order in 1892 TO 1951.” Council prescribe either generally or in respect of any particular loan, apply and extend accordingly. (5.) An investment, unless expressly forbidden by Debentures the instrument (if any) creating the trust, by a trustee “^®tock of trust funds in any debentures, bonds, or stock issued authorised under the authority of this Act shall be and be deemed to be an authorised investment by the trustee pursuant to 6i Vic. No. the provisions of section four of *“ The Trustees and 10‘ Executors Act of 1897 ” (as amended by subsequent Acts) and such Act shall be read and construed accordingly. (6.) No notice of any trust express, implied, or Trusts, constructive shall be received by the Board or by any officer or other servant or any agent of the Board in relation to any debentures, bonds, or stock issued under the authority of this Act and the Board or any such servant or agent shall not be bound to see to the execution of any such trust to which any such debentures or any part of any such stock may be subject.” 14. Section one hundred and forty-five of the Amendments Principal Act is amended— of s- U5' (a) By repealing subsections one and two thereof; ( b) By renumbering as that section subsection three thereof. 15. Section one hundred and forty-six of the Repeal of Principal Act is repealed and, in lieu thereof, the gn^4gew following section is inserted, namely :— * “ [146.] ( 1 .) All bonds or inscribed stock issued stock, under the authority of this Act— (a) Shall, subject to this Act, be sold in such amounts or parcels, at such times and places, and in such a manner as the Board thinks fit ; (b) Shall with interest thereon be charged and secured upon the assets and revenues of the Board, subject to any prior debentures, bonds, and stock issued according to law ; * 61 V. No. 10.

238 P art II.— A mendments of “ T he H arbour B oards A cts , ’ 1892 to 1951.* HARBOURS. Harbour Boards Acts Amendment Act . 1 E liz . II. No. 53, (c) Shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside Queensland as respectively prescribed in the Order in Council; (d) May, in the case of any bonds with the consent of the holder thereof, or in the case if any inscribed stock of the registered owner thereof, be paid off at any time previous to the due date thereof at not more than the par value thereof or (with the consent of the Governor in Council) at a premium, with interest thereon to date of payment only. (2.) Interest secured by any such bonds or stock shall be payable at such times and at such place or places in or outside Queensland as prescribed in the Order in Council. (3.) The provisions of subsection five of section one hundred and forty-seven of this Act shall, with and subject to any necessary adaptations thereof, apply and extend in respect of any default made by the Board in making any payment whether of principal or interest or both, to any holder of bonds or registered owner of inscribed stock issued by the Board under this Act. (4.) The Board may, subject to and in accordance with the provisions of this Act respecting the making of by-laws, make by-laws providing all or any matters with respect to the conducting of business connected with the raising and repayment of loans under the authority of this Act, including but without limit to the generality thereof— (а) Providing for the establishment of a registry (at the office of the Board or at any other place) for the inscription of stock created and issued and the keeping of stock ledgers, regulating the inscription in such stock ledgers of all stock issued and regulating the transfer or transmission of stock or of any shares therein, and restricting the amount of stock which may be transferred; (б) Prescribing the form of debentures and of bonds, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures

HARBOURS. 239 1952. Harbour Boards Acts Amendment Act. and bonds or from any stock ledgers, P art II.— A mendments of “T he H arbour B oards A cts , and 1892 TO 1951.’* making provision for lost or defaced debentures or bonds and the destruction of discharged debentures or bonds ; (c) Providing for the issue, upon request, of stock to debenture or bond holders and of debentures or bonds to registered owners of stock; (d) Prescribing any matters with respect to the raising of loans outside Queensland ; (e) Prescribing any matters with respect to which fees are to be payable and the amounts of those fees ; (/) Providing for sinking funds or other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption fund, trustees, or sinking funds or other methods. (5.) If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed such amount shall be applied as directed by the Minister.” 16. Section one hundred and sixty-seven of the ^)^e1^l£ Principal Act is repealed and the following section is s. 167 . inserted in lieu thereof, namely :— “ [ 167.] ( 1 .) In this section and, unless the context®"^*0 otherwise indicates or requires, wherever appearing in accounts, this Act or in any Special Act the term “ year ” means financial year, that is to say the period of time from and including the first day of July in one calendar year to and including the thirtieth day of June in the next succeeding calendar year. (2.) In respect of the financial year to commence on the first day of July, one thousand nine hundred and fifty-three, and of each and every financial year thereafter the Board shall cause its accounts to be balanced and to be prepared— (a) Annual statements of receipts and disbursements in respect respectively of the Harbour Fund and of the Loan Fund in

240 P art II.— A mendments of “ T he H arbour B oards A cts , 1892 to 1951.” HARBOURS. Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, the same form as is provided for framing the respective budgets for those Funds, and an annual statement of receipts and disbursements in respect of the Trust Fund ; (b) A statement of loan liabilities, giving the amount of each loan, date when money was borrowed, purposes for which it was borrowed, currency of each loan, annual charge for interest and redemption in respect of each loan, amount of arrears in payments for interest and redemption at the end of the year in respect of each loan, and the amount of each loan outstanding at the end of the year ; (c) A statement of contracts entered into by the Board during the year ; ( d ) A statement of debts due by or to the Board at the close of the year ; and (e) A balance sheet as at the last day of the year. (3.) The provisions of this section shall, with and subject to all necessary adaptations and modifications thereof, apply with respect to the calendar year one thousand nine hundred and fifty-two and the period of six months to end on the thirtieth day of June, one thousand nine hundred and fifty-three as if that calendar year and period were each a separate and complete financial year.” Rs1s6e. 9p1ea6an8ldaonnfedw one h 1 u 7 n . drSeedctiaonnd osnixety-hnuinnedroedf thaendPrsinixctiyp-aeligAhctt aanred s. 168. repealed and, in lieu thereof, the following section is inserted, namely :— saShntaedetetbmatoleannbtcese comp“le[t1i6oSn. ] oTf htehe Bporaerpdarasthioanll offotrhthewsitthatemupenonts atnhde alauidditboerf. ore sbiaxltayn- cseevesnheoeft thspisecAifcietdlayinthseecstaiomne ( oancecomhupnadnrieedd wainthd proper vouchers in support of the same and all books, papers, writings and other records of the Board relating thereto) before the auditor appointed pursuant to this Act to examine the accounts of the Board.”

HARBOURS. 241 pART jj — 1952. Harbour Boards Acts Amendment Act. A of N“ the TS ___________________________________________________________________________________________ H arbour B oards A cts ^ 18. Section one hundred and seventy-one of the AmemLnent' Principal Act is amended by repealing the words of s. m. “ statement and account ” wherever appearing therein, and by inserting, in lieu of those repealed words, the words “ statements and balance sheet 19. Section one hundred and seventy-two of the Amendment Principal Act is amended by repealing in the first ‘ ’ paragraph thereof the words “ statement and account ” and by inserting in lieu of those repealed words, the .words “ statements and balance sheet ”; and by repealing in the said first paragraph the words “ after the month of January ” and by inserting, in lieu of those repealed words, the words “ after the completion of such balancing and auditing 20. Section one hundred and eighty-two of the Principal Act is amended by repealing therein the words ' ' “ twenty pounds ” and by inserting, in lieu of those repealed words, the words “ one hundred pounds 21. Section two hundred and four of the Principal Act is repealed and the following section is inserted in B. 204 . lieu of that repealed section, namely :— “ {204.1 (1-) All moneys received by the Board shall Bankins>&c- be lodged to the credit of the proper bank accounts in the name of the Board. As far as is practicable, such lodgments shall be made daily, and moneys shall not in any case be held for more than two days. Each lodgment shall consist of the total collections to the close of the previous day. Details of each lodgment shall be recorded in duplicate in a bank deposit book. The certificate of the bank teller shall be obtained on the duplicate. Particulars of all cheques and other negotiable instruments must be shown in the relative column of each deposit slip. The carbon copy of the particulars of each deposit shall be kept in the bank deposit book. No moneys shall be drawn out of a bank save by cheques issued under authority of a resolution of the Board, and signed at or after a meeting of the Board by the presiding chairman, and counter-signed by the secretary of the Board, or by such other person as the Board may appoint.

242 HARBOURS. P art II.— A mendments of “ T he H arbour B oards A cts , 1892 TO 1953.” Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, (2.) Notwithstanding anything in the foregoing provisions of this section, an advance bank account for the payment of salaries and wages, kept under the imprest system, may be authorised by the Board but the limit thereof shall be approved by the Auditor- General. The Board may during any financial year advance moneys to that account from the Harbour Fund but any moneys held in that account at the close of any financial year shall be repaid to the Harbour Fund. Cheques drawn on the advance account may be signed by an officer or officers of the Board thereunto authorised by it. Disbursements from the advance account shall be recouped immediately after each meeting of the Board and before the close of each financial year and disbursements made from that account in any financial year shall not be carried forward to the following financial year but shall be recouped in the financial year in which such disbursements were incurred.” Amendments 22. Section three of * The Harbour Dues Act of ovfics.. N3oo. fi5 9 7. 1 i o 8 f 9 t 3 o , » i • s amend J ed J — ' (i.) By repealing in the first paragraph of that section the words “ at the request of the Collector of Customs ” and by inserting, in lieu of those repealed words, the words “ within thirty days of such dues becoming payable ”. (ii.) By adding to that section the following paragraphs :— “ For the purposes of this section harbour dues upon goods or merchandise shall become payable on the date when such goods or merchandise are discharged from the ship or, as the case may be, loaded thereon. A person making payment of harbour dues in respect of any goods or merchandise discharged from or loaded on any ship on any occasion while that ship is in any harbour shall lodge with that payment a statutory declaration made by him under the f“ OathsAct of 1867,” declaring that all harbour dues lawfully payable in respect of that ship on that occasion have been paid.” * 57 V. No. 19. t 31 V. No. 12.

HARBOURS. 243 P art II.— 1952. Harbour Boards Acts Amendment Act. A mendments of “ T he H arbour B oards A cts , 1892 TO 1951.” 23. The following section, numbered 3 \, is inserted after section three ot *“ The Harbour Dues Act of N57ewVis c . . 3 N a o. of 1893 ” 19. “ [3 a .] The owner, agent, and master, respectively, ^s^0e^on of any ship shall make available for inspection by any ‘ Harbour Board, or person appointed by the Harbour Board in that behalf, at all reasonable times every book, account, and record in his possession or under his control relating to goods and merchandise discharged from or loaded on that ship in the harbour where that Board has jurisdiction. Any owner, agent, or master of any ship who contravenes or fails to comply with any provision of this section shall he liable to a penalty of not exceeding one hundred pounds.” P art III.—A cquisition of C ertain H arbour W orks by the S tate from the C ommonwealth . P art III.— A cquisition of C ertain H arbour comm ™® 24. (1.) The Crown in right of the State of Acquisition Queensland may, and it is hereby declared always of certain could, acquire any harbour works or other structure ^rr^°ur of any kind on, in, over, through or across tidal lands ’ or a tidal water, or the seashore below high water mark or in the bed or bottom of any harbour, which, having been erected, constructed or placed by, or by the authority of, the Commonwealth for a purpose connected with the defence of the Commonwealth, the prosecution of war, the securing of the public safety, or the maintenance of supplies and services essential to the life of the community shall have been or shall be disposed of by the Commonwealth as being no longer required by the Commonwealth. Upon the acquisition by the Crown in right of this State of any harbour works or other structure as aforesaid within the limits of any harbour the same shall be deemed to be (and if so acquired before the date of the passing of this Act, shall be deemed always to have been on and after the date of the acquisition thereof) harbour works or, as the case may be, a structure lawfully made or constructed by and the absolute * 57 V. No. 19.

244 P art III.— A cquisition of C ertain H arbour W orks by the S tate FROM THE C ommon ­ wealth . HARBOURS. Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, property of the Harbour Board for that harbour or, if within the limits of a harbour in respect of which the Corporation is the Harbour Board, the Corporation. (2.) A Harbour Board or the Corporation may (and it is hereby declared could) maintain, repair, reconstruct, alter or extend any harbour works or other structure the property by virtue of this section of that Board or, as the case may be, the Corporation in such manner and to such extent as the Harbour Board in question or the Corporation deems or has deemed necessary or convenient for the use, or the adaption or conversion for use, of that harbour works or other structure for any purpose for which any harbour works or other structure (whether of the like or of a different kind or description) may be made, constructed or provided by a Harbour Board. Without limit to the powers conferred upon a Harbour Board or the Corporation by the foregoing provisions of this subsection, a Harbour Board or the Corporation shall have and may exercise, and it is hereby declared always had and could exercise, in respect of any harbour works or other structure the absolute property of the Harbour Board or the Corporation by virtue of this section, all or any of the powers, authorities and functions conferred or imposed upon a Harbour Board by *“ The Harbour Boards Acts, 1892 to 1952.” (3.) The provisions of *“ The Harbour Boards Acts, 1892 to 1952,” with respect to the things and steps to be done and taken by a Harbour Board before commencing the making or construction of any harbour work or other structure as hereinbefore specified in this section, or the alteration or extension thereof, shall not apply with respect to the Corporation so far as relates to the reconstruction, alteration or extension as authorised by this section of any harbour works or other structure the absolute property of the Corporation by virtue of this section where such reconstruction, alteration or extension shall have been effected or commenced before the passing of f“ The Harbour Boards Acts Amendment Act of 1952, ” and any such reconstruction, alteration or extension commenced before the passing of f“ The Harbour Boards Acts Amendment Act of 1952,” may be * 56 V. No. 26 and amending Acts, f This Act.

HARBOURS. 245 1952. Harbour Boards Acts Amendment Act. ____________________________________________________________ :______________________________- continued and completed as if the Corporation had duly complied with the provisions of *“ The Harbour Boards Acts, 1892 to 1952,” with respect to the things and steps to be done and taken by the Corporation before commencing the same. P art III.— op Q certain H arbour W orks by ™ omthtr (4.) The title of a Harbour Board or of the Corporation to the absolute property in any harbour works or other structure of any kind as aforesaid shall not be prejudiced or affected howsoever by reason that, at the time of the disposal thereof by the Commonwealth, or by any authority thereunto appointed by the Commonwealth, the Commonwealth or that authority was legally incompetent to dispose of the absolute property therein. P art IV — T ransfer of C ertain H arbour P art IV.—T ransfer of C ertain H arbour W orks WP roorpkesratnyd and P roperty A ppertaining thereto from the app T e H r E t R a E i T n O ing C ommissioner of R ailways to the C orporation . C o F m R m OM iss T io H n E er of R ailways 25. (1.) Notwithstanding anything contained in C orptoora TH ti E on . t“ The Land Acts, 1910 to 1951,” *“ The Harbour Boards Transfer of Acts, 1892 to 1952,” or The Railways Acts, 1914 to certain 1951 ”— ' hwaorrbkosufrrom (a) Tthheis lAancdtsshdaelslc, riabsedoninanthde fFroirmst aScdhaetdeutloe btoe mRCoaismislwi­oanyesr of dOertdeerrmiinnedCobuynctihl epGubolvieshrneodr iinn tChoeun G c a il ze b tt y e tCootrhpeoration. (which date is in this section referred to as the “ determined date ”) and by virtue of this Act, cease to be reserved for railway purposes and beoome and be reserved for port and harbour purposes and be under the control of the Corporation accordingly ; (b) All railways, railway sidings, buildings, structures, roads and other improvements the property of the Commissioner for Railways in, on, over or under those lands shall on and from the determined date and by virtue of this Act, without any conveyance, transfer or assignment whatsoever, be divested from the said Commissioner and vest in the Corporation; * 56 Y. No. 26 and amending Acts, t 1 G. 5 No. 15 and amending Acts, t 5 G. 5 No. 24 and amending Acts.

246 P art IV.— ^H arbour WORKS AND PROPERTY APPERTAINING THERETO PROM THE C ommissioner of R ailways to THE C orporation . HARBOURS. Harbour Boards Acts Amendment Act. 1 E liz . II. No. 53, '_______________________________________________________________________________________ (c) All wharves and jetties the property of the said Commissioner abutting upon those lands including all railways, railway sidings, buildings and other structures in, on or over those wharves and jetties or any of them, shall on and from the determined date and by virtue of this Act, without any conveyance, transfer or assignment whatsoever, he divested from the said Commissioner and vest in the Corporation; and ( d ) The license described in the Second Schedule to this Act, and the portion of a railway line and dead end shunt siding the property of the said Commissioner the subject of that license, shall on and from the determined date and by virtue of this Act, without any conveyance, transfer or assignment whatsoever be divested from the said Commissioner and vest in the Corporation. (2.) Neither the reservation, by virtue of this Act, of the lands described in the First Schedule to this Act for port and harbour instead of railway purposes nor the divesting from the Commissioner for Railways and the vesting in the Corporation, by virtue of this Act, of the railways, railway sidings, buildings, structures, roads and other improvements in, on, over or under those lands and of the wharves and jetties abutting thereon shall affect or prejudice howsoever any lease or agreement for lease of any piece or parcel of those lands (or of any piece or parcel of those lands together with the improvements, if any, thereon) entered into by the said Commissioner before and subsisting at the passing of this Act or any right had in relation to those lands by any lessee, his successors or permitted assigns, under or by virtue of any such lease or agreement for lease : Provided that, as respects the remainder of the term of any such lease or agreement for lease still to run as at the determined date, such lease or agreement for lease shall be deemed to have been duly entered into by the Corporation under the authority of *“ The Harbour Boards Acts, 1892 to 1952,” and shall he read and have operation by substituting the Corporation for the said Commissioner as the lessor thereunder accordingly. * 56 V. No. 26 and amending Acts.

HARBOURS. 247 P art IV.— 1952. Harbour Boards Acts Amendment Act. T ransfer of C ertain H arbour W orks and (3.) All wharves and jetties vested in the AP P PE r R o T p A er IN t I y NG Corporation by virtue of this Act shall be deemed to FTRHOEMRETTHOE be harbour works constructed by the Corporation C oofm R maiislswioanyesr under the authority of, and in compliance in every C or T p O or T a H t E ion . respect with the requirements of, *“ The Harbour Boards Acts, 1892 to 1952.” (4.) As consideration for the property transferred from the said Commissioner to the Corporation by virtue of this Act, the Corporation shall pay to the said Commissioner a sum to be mutually agreed upon by them. FIRST SCHEDULE. Portion 660 being all that'parcel of land in the State of Queensland containing by admeasurement nine acres be the same more or less situated in the County of Stanley Parish of Toombul. Commencing on the Brisbane River at the south-west corner of portion 637, and boundedthence by that portion bearing 322° 250 links, by resubdivision 1 of subdivision 3 of portion 20v bearing 254° 40' 437-2 links to portion 453, by that portion bearing 199° 57' 88-4 links, 209° 22' 75*5 links, 215° 36' 62-3 links, 217° 33' 122-2 links, 222° 10' 76-4 links, 229° 26' 73-4 links, 140° 17' 124-5 links, 184° 36' 255-1 links, 229° 34' 8-6 links, 322° 3' 77 links, 230° 59' 45-9 links, 322° 7' 237-6 links, 232° 16' 830-6 links, 232° 38' 552 links, 162° 10' 335-5 links, 141° 20' 62 links to the Brisbane River and by that river downwards to the point of commencement as shown on plan Catalogue No. SI. 2315 deposited in the Survey Office, Department of Public Lands, Brisbane. F irst S chedule . SECOND SCHEDULE. The permission given by A.C.F. and Shirleys Fertilizers Limited to the Commissioner for Railways to allow to remain on property of that Company a portion of a railway line and dead end shunt siding thereon the property of the said Commissioner and the right given by that company to the said Commissioner to shunt rolling stock over that railway line and dead end shunt siding without hindrance from time to time as the requirements of traffic might necessitate which permission and right were stipulated by the said Commissioner and agreed by the said company to be a condition pertaining to the construction for that company at Pinkenba in this State of railway siding accommodation connected with the railway system of the said Commissioner. S econd S chedule . * 56 V. No. 26 and amending Acts.