Harbours Act Amendment Act 1980 (Qld)

357 C1 ttEEtts f caxtr ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1980 An Act to amend the Harbours Act 1955-1979 in certain particulars [ASSENTED TO 12TH MAY, 1980]

358 Harbours Act Amendment Act 1980, No. 30 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Harbours Act Amendment Act 1980. (2) In this Act, the Harbours Act 1955-1979 is referred to as the Principal Act. (3) The, Principal Act as amended by this Act may be cited as the Harbours Act 1955-1980. 2. Amendment of s. 18. Section 18 of the Principal Act is amended by adding at the end of the section the following subsection:- " (4) The Minister may issue directions to a Harbour Board on matters of policy and the exercise of its powers and functions and the Board shall observe and carry out the directions so given.". 3. Amendment of s. 48A . Section 48A of the Principal Act is amended by, in the second paragraph, omitting all words from and including the words " or under " to and including the words " on behalf of the Local Authority " and substituting the words Order in Council ". 4. New s. 49A. The Principal Act is amended by inserting after section 49 the following section:-- " 49A. Maintenance of superannuation scheme. A Harbour Board may with the approval of the Governor in Council- (a) institute and maintain any scheme or schemes; (b) amend any scheme or schemes (whether instituted before or after the commencement of the Harbours Act Amendment Act 1980), for the provision of superannuation benefits to its officers and employees and to that end may provide in such manner as it thinks fit for the establishment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds: Provided that it shall not be necessary for a Board to obtain the approval of the Governor in Council to maintain any scheme or schemes instituted by it before the commencement of the Harbours Act Amendment Act 1980." 5. Amendment of s. 54 . Section 54 of the Principal Act is amended by adding at the end of the section the following paragraph:- For the purposes of this section- "person " includes a Crown instrumentality or an instrumentality representing the Crown; " Crown " means the Crown in right of the Commonwealth or the State.".

Harbours Act Amendment Act 1980, No. 30 359 6. Amendment of s. 55. Section 55 of the Principal Act is amended by in paragraph (b) of subsection (4) inserting after the word " contract " where firstly occurring the words " (other than a contract entered into to borrow or raise money or make financial arrangements pursuant to section 107 or, in the case of the Harbours Corporation, section 197) ". 7. Amendment of s. 56. Section 56 of the Principal Act is amended by- (a) in subsection (1), (i) in the first paragraph, omitting the words " by public notice published in such newspaper or newspapers and in such other manner and to such extent as will ensure that the Harbour Board will receive the greatest number of tenders " and substituting the words " in such manner as to encourage a reasonable measure of competition "; (ii) in the second paragraph, omitting the words " in such manner and to such extent as will in its opinion ensure the receipt by it of the greatest number, invited and given opportunity for the making of quotations " and substituting the words " invited quotations for such contract in such manner as to encourage a reasonable measure of competition "; (b) inserting after subsection (2) the following subsection- (3) The provisions of this section do not apply where the contract to be entered into is one made under section 54 between a Harbour Board and the Crown, any Crown corporation or instrumentality, any corporation or instrumentality representing the Crown, any other Harbour Board, any Local Authority or any other body prescribed by Order in Council for the purposes of this subsection. For the purposes of this subsection " Crown " means the Crown in right of the Commonwealth or the State.". 8. Amendment of s. 59. Section 59 of the Principal Act is amended by in paragraph (ii) of subsection (I)- (a) in subparagraph (c) inserting after the words " from oil " the words " or of any product whatever "; (b) in subparagraph (d) inserting after the words " from oil " the words " or of any product whatever ". 9. New s. 59A. Th., Principal Act is amended by inserting after section 59 the following section:- " 59A. Works on behalf of Crown, etc. (1) A Harbour Board may and is hereby authorised to enter into contracts with- (a) the Crown; (b) any Crown corporation or instrumentality; (c) any corporation or instrumentality representing the Crown: (d) any other Harbour Board; (e) any Local Authority; or

360 Harbours Act Amendment Act 1980, No. 30 (f) any other body approved by the Minister for the purposes of this subsection, for the furnishing of any goods or materials by the Board to, or the undertaking by the Board of harbour works, any other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance for or on behalf of any such person, instrumentality or body. For the purposes of this subsection " Crown " means the Crown in right of.the Commonwealth or the State. (2) Without limiting the generality of the power of a Harbour Board to enter into a contract pursuant to subsection (1), the Board may, and is hereby authorised to enter into a contract with any person or body not specified in subsection (1) for the furnishing of any goods or materials by the Board to such person or body or the undertaking by the Board of harbour works, other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance for or on behalf of such person or body- (a) where such goods, material, works, repairs or maintenance are- (i) furnished or undertaken as part of the normal operations of a ship repair and maintenance undertaking; or (ii) of such a nature or are furnished or undertaken for such a purpose as is prescribed by Order in Council; or (b) where in a particular case the furnishing or undertaking is approved by the Minister prior to its commencement. (3) A Harbour Board shall not in the exercise of its authority under subsection (1) or (2) enter into a contract- (a) unless the person, instrumentality or body has advised the Board in writing that the person, instrumentality or body has not invited and does not propose to invite competitive tenders or quotations in respect of the furnishing or undertaking or, as the case may be, that the person, instrumentality or body has invited competitive tenders or quotations and that no tender or quotation was received within the time permitted for the receipt thereof; or (b) unless the person, instrumentality or body has advised the Board in writing that the person, instrumentality or body sought competitive tenders or quotations in respect of the furnishing or undertaking, and that the person, instrumentality or body considers the acceptance of any tender or quotation received would not be reasonable and the Minister approves of the Board's entering into the contract. (4) The Minister shall not grant the approval referred to in paragraph (b) of subsection (3) unless he is satisfied that it would not in all the circumstances made known to him, be reasonable for the person, instrumentality or body to accept any tender or quotation received by the person, instrumentality or body.

Harbours Act Amendment Act 1980, No. 30 361 For the purposes of this subsection, the Harbour Board and the person, instrumentality or body shall provide the Minister with all information available to them as the Minister requires. (5) The provisions of subsection (3) do not apply to a contract for the furnishing of any goods or materials or the undertaking of harbour works, other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance- (a) where such goods, materials, works, repairs or maintenance are- (i) furnished or undertaken as part of the normal operations of a ship repair and maintenance undertaking; or (ii) of such a nature or are furnished or undertaken for such a purpose as is prescribed by Order in Council; or (b) where in a particular case the Minister approves that such provisions are not to apply.". 10. Amendment of s. 101. Section 101 of the Principal Act is amended by- (a) in subsection (1), omitting the words " By-laws of the Harbours Corporation shall be made only " and substituting the words " Subject to subsection (IA), by-laws of the Harbours Corporation shall be made "; (b) inserting after subsection (1) the following subsection:- (IA) The provisions of subsection (1) do not apply in respect of a proposed by-law whereby a variation will be made to harbour dues, licence, registration or permit fees or such other dues, fees, rates, sums or charges levied, fixed, charged or imposed by the Corporation by by-law. The Corporation shall submit under its seal any such proposed by-law for-the approval of the Governor in Council who shall consider the by-law so submitted and may reject the by-law or may approve of the by-law wholly or in part. The power of the Governor in Council to approve a by-law in part includes power to make all such amendments of the by-law as the Governor in Council, having regard to the by-laws, thinks fit.";. (c) in subsection (2), in subparagraph (i), inserting after the word " Gazette " the words " and, in the case of a by-law approved pursuant to subsection (IA) at least once in a newspaper generally circulating in. the locality to which the by-law relates"'. 11. Amendment of s. 102 . Section 102 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " By-laws of a Harbour Board (other than the Harbours Corporation) shall be made only " and substituting the words " Subject to subsection (IA), by-laws of a Harbour Board (other than the Harbours Corporation) shall be made "; (ii) in paragraph (iii), omitting the words " the Port of Brisbane Authority constituted under the Port of Brisbane Authority Act1976,

352 Harbours Act Amendment Act 1980, No. 30 in the City of Brisbane " and substituting the words " a statutory corporation that is by the Act constituting the corporation given the powers, authorities, functions, duties and obligations of a Harbour Board conferred, imposed or provided for by this Act in such newspaper as the corporation with the approval of the Minister determines "; (b) inserting after subsection (1) the following subsection:- (1A) The provisions of subsection (1) do not apply in respect of a proposed by-law whereby a variation will be made to harbour dues, licence, registration or permit fees or such other dues, fees, rates, sums or charges levied, fixed, charged or imposed by a Harbour Board (other than the Harbours Corporation) by by-law. The Board shall submit under its seal any such proposed by-law for the approval of the Governor in Council who shall consider the by-law so submitted and may reject the by-law, or may approve of the by-law wholly or in part. The power of the Governor in Council to approve a by-law in part includes power to make all such amendments of the by-law as the Governor in Council, having regard to the by-law, thinks fit."; (c) omitting subsection (2) and substituting the following subsection:- " (2) If the Governor in Council approves of the by-law, it shall be published in the Gazette and in the case of a by-law approved pursuant to subsection (lA).- (a) in respect of a Harbour Board, at least once in a newspaper generally circulating in the Harbour Board District; and (b) in respect of a statutory corporation that is by the Act constituting the corporation given the powers, authorities, functions, duties and obligations of a Harbour Board conferred, imposed or provided for by this Act, at least once in such newspaper as the corporation with the approval of the Minister determines, and the by-law shall take effect from the date of such publication in the Gazette unless a later date is specified in that or any other by-law so published at the same time for its commencement or becoming effective when in such event it shall take effect from that later date.". 12. Amendment of s. 111. Section 111 of the Principal Act is amended by, in subsection (lc), omitting the word " Subject " and substituting the words " Notwithstanding the provisions of subsection (IB) but subject ". 13. Amendment of s. 114. Section 114 of the Principal Act is amended by- (a) omitting subsection ( I) and substituting the following subsection:- ' " (1) A Harbour Board shall cause proper accounts to be established and faithfully and properly kept in accordance with this Act."; ( b) omitting subsection (4).

Harbours Act Amendment Act 1980, No. 30 363 14. Amendment of s. 115. Section 115 of the Principal Act is amended by- (a) in subsection (1) omitting paragraph (v) and substituting the following paragraph:- (v) An annual income and expenditure account in respect of the Harbour Fund and a balance sheet at the close of the year in question in respect of the operations of the Board; "; (b) omitting subsections (2), (3), (4), (5), and (6) and substituting the following subsections:- " (2) Every statement, account and balance sheet referred to in subsection (1) shall be signed as correct by the chairman and secretary of the Board and sealed with the seal of the Board. (3) Forthwith upon completion of the preparation of the statements, accounts and balance sheet specified in subsection (1) the Harbour Board shall lay them and the accounts of the Board balanced in accordance with that subsection (accompanied by proper vouchers in support thereof and all books, papers, writings and records of the Board relating thereto) before the auditor appointed under this Act to examine the accounts of the Board. (4) Until the annual financial statements have been audited pursuant to section 117 and laid before the Legislative Assembly pursuant to section 118A no such statement shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person nominated by him or a member or an officer of the Harbour Board or a person acting on behalf of.the Board. (5) When, the annual financial statements have been audited and laid before the Legislative Assembly as specified in sub-section (4) the Harbour Board shall cause to be published in a newspaper circulating in the Harbour Board District a notice to the effect that such statements are open to inspection at the public office of the Board and that a copy thereof may be purchased by payment to the Board of an amount specified, which may be fixed from time to time by resolution of the Board.". 15. Repeal of and new s. 117. The Principal Act is amended by repealing section 117 and substituting' the following section:- " 117. Audit. (1) The accounts of a Harbour Board shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Adminis.ration and Audit Act 1977-1978 directed by the Auditor-General, each of whom shall have with, respect to such audit and accounts all the powers and authorities conferred on him by that Act. The fee payable by the Harbour Board in respect of the audit shall be fixed by the Auditor-General. (2) The Auditor-General shall certify whether the statements of account prepared on behalf of the Harbour Board- (a) are, where applicable, prepared in the form required by this Act;

364 Harbours Act Amendment Act 1980, No. 30 (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding. (3) The Auditor-General shall, at least once in each year, report to the Minister through the Treasurer the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister or the chairman of the Board with respect to the financial statements and the manner of operating and maintaining the accounts in question. A copy of such report and recommendations (if any) shall be furnished to the chairman of the Board. The Minister or, as the case may be, the chairman of the Board shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection. (4) The Auditor-General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Harbour Board as he thinks fit: Provided that if in the opinion of the Auditor-General, the circumstances so warrant, he may make an additional or special report to Parliament at any time. (5) The report of the Auditor-General together with the accounts certified as prescribed by subsection (2) shall be submitted to the members of the Harbour Board at the first ordinary meeting held after the report becomes available. (6) Whenever it appears to, or comes to the knowledge of, the Harbour Board that any money or property of or received by the Board is stolen or not accounted for, the Board shall forthwith give notice thereof to the Auditor-General and to a member of the Police Force of Queensland of the rank of sergeant of police or of higher rank. Moreover the Board shall not abstain from, discontinue or delay a prosecution for any offence under the laws of this State in relation to any -money or property of or received by the Board which is stolen or not accounted for, nor withhold any evidence for the purposes of such a prosecution, nor promise to abstain from, to "discontinue, or to delay, or to withhold any evidence for the purposes of such a prosecution.". 16. New s. 118A. The Principal Act is amended by inserting after section 118 the following section:- " 118A. Annual Report. (1) As soon as is practicable after the expiration of its financial year a Harbour Board ( other than the Harbours Corporation ) shall furnish to the Minister a report on its operations throughout that year. (2) The report shall include such statements of account and other financial and relevant information prescribed by section 115 (1), together with the certificate of the Auditor - General prescribed by section 117 (2).

Harbours Act Amendment Act 1980, No. 30 365 (3) The Minister shall lay the report of the Harbour Board before the Legislative Assembly (a) within 14 sitting days of his receipt of the report if the Assembly is then sitting; or (b) if the Assembly is not then sitting, within 14 days after the commencement of its sitting next following his receipt of the report.". 17. Amendment of s. 120. Section 120 of the Principal Act is amended by, in the third paragraph of subsection (2) (a), omitting the words " sections one hundred and thirty-four and one hundred and thirty-five " and substituting the words " section 134 ". 18. Amendment of s. 140. Section 140 of the Principal Act is amended by in subsection (4A)- (a) omitting the words " Local Government Act 1936-1975 or, as the case may be, the City of Brisbane Act1924-1974- " and substituting the words " Local Government Act 1936-1979 or, as the case may be, the City of Brisbane Act1924-1979 or by resolution-"; (b) adding at the end of the subsection the following paragraph:- If in any case any dues, rates or charges referred to in this subsection are fixed by by-law of a Harbour Board or Local Authority and subsequently the Board or Local Authority fixes those dues, rates or charges by its resolution then such resolution, in so far as it purports to fix those dues, rates or charges, shall have no force or effect until that by-law is revoked.". 19. Amendment of s. 142. Section 142 of the Principal Act is amended by, in subsection (1) (a), omitting the first subparagraph and substituting the following subparagraph:- " Notwithstanding any Act or law to the contrary, if at any time, upon the joint recommendation of the Minister and the Minister for Lands or other Minister for the time being charged 'with the administration of the Land Act 1962-1978, it appears to the Governor in Council that for the purposes of this Act it is necessary or desirable to demise in perpetuity or for a term of years to, or vest in- (i) a Harbour Board, land or a parcel of land within or partly within or near the limits of the harbour for which that Board is constituted: or (ii) the Harbours Corporation, land or a parcel of land wherever situated, and being land granted in trust or reserved or set apart or dedicated by or under any Act, whether before or after the commencement of this Act, for or to any public purpose (including, but without limiting the meaning of the term " public purpose ", for railway or port and harbour purposes), the Governor in Council on behalf of the Crown may by Order in Council revoke that grant or reservation or setting apart or dedication, or so much thereof as he may specify, and may make such provision and give such directions in relation thereto (including in relation to the land or

366 Harbours Act Amendment Act 1980, No. 30 parcel to which the revocation applies and the improvements, if any, thereon) as the circumstances of the case appear to him to require (in which event effect shall be given to the provision and directions so made and given).". 20. Repeal of and new s. 186. The Principal Act is amended by repealing section 186 and substituting the following section:- " 186. Works on behalf of Crown , etc. (1) The Harbours Corporation may and is hereby authorised to enter into contracts with- (a) the Crown; (b) any Crown corporation or instrumentality; (c) any corporation or instrumentality representing the Crown; (d) any Harbour Board; (e) any Local Authority; (f) any other body approved by the Minister for the purposes of this subsection, for the furnishing of any goods or materials by the Corporation to, or the undertaking by the Corporation of harbour works, any other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance for or on behalf of any such person, instrumentality or body. (2) Without limiting the generality of the power of the Harbours Corporation to enter into a contract pursuant to subsection (1), the Corporation may, and is hereby authorised to enter into a contract with any person or body not specified in subsection (1) for the furnishing of any goods or materials by the Corporation to such person or body or the undertaking by the Corporation of harbour works, other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance for or on behalf of such persons or body- (a) where such goods, materials, works, repairs or maintenance are- (i) furnished or undertaken as part of the normal operations of a ship repair and maintenance undertaking; or (ii) of such a nature or are furnished or undertaken for such a purpose as is prescribed by Order in Council; or (b) where in a particular case the furnishing or undertaking is approved by the Minister prior to its commencement. (3) The Harbours Corporation shall' not in the exercise of its authority under subsection (1) or (2) enter into a contract- (a) unless the person, instrumentality or body has advised the Corporation in writing that the person, instrumentality or body has not invited and does not propose to invite competitive tenders or quotations in respect of the furnishing or undertaking -or, as the case may be, that the person, instrumentality or body has invited competitive tenders or quotations but that no tender or quotation was received within the time permitted for the receipt thereof; or

Harbours Act Amendment Act 1980, No. 30 367 (b) unless the person, instrumentality or body has advised the Corporation in writing that the person, instrumentality or body invited competitive tenders or quotations in respect of the furnishing or undertaking and that the person, instrumentality or body considers the acceptance of any tender or quotation received would not be reasonable and the Minister approves of the Corporation's entering into the contract. (4) The Minister shall not grant the approval referred to in paragraph (b) of subsection (3) unless he is satisfied that it would not in all the circumstances made known to him, be reasonable for the person, instrumentality or body to accept any tender or quotation received by the person, instrumentality or body. (5) The provisions of subsection (3) do not apply to a contract for the furnishing of any goods or materials or the undertaking of harbour works, other works, repairs or maintenance or the design or supervision of such works, repairs or maintenance- (a) where such goods, materials, works, repairs or maintenance are- (i) furnished or undertaken as part of the normal operations of a ship repair and maintenance undertaking; or (ii) of such a nature or are furnished or undertaken for such a purpose as is prescribed by Order in Council; or (b) where in a particular case the Minister approves that such provisions are not to apply.". 21. Amendment of s. 190. Section 190 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) adding at the end of the section the following subsections:- (2) For the purposes of this section- person " includes a Crown instrumentality or an instrumentality representing the Crown; " Crown " means the Crown in right of the Commonwealth or the State. (3) (i) Except in cases of emergency, before any contract (other than a contract for the execution of any work or the furnishing of any goods or materials to an amount not exceeding the amount prescribed for the purposes of this paragraph) is entered into by the Harbours Corporation the Corporation shall three weeks at least before entering into such contract notify its intention to make and invite tenders for such contract by public notice published in such manner as to encourage a reasonable measure of competition. (ii) Except in cases of emergency, the Harbours Corporation shall not enter into any contract for the execution of any work or the furnishing of-any goods or materials to an amount exceeding the amount prescribed for the purposes of this paragraph (which prescribed amount shall not

3ts8 Harbours Act Amendment Act 1980, No. 30 exceed the amount prescribed for the purposes of paragraph (i)), unless the Corporation has invited quotations for such contract in such manner as to encourage a reasonable measure of competition. (iii) The Harbours Corporation may accept the tender or quotation which on a view of all the circumstances appears to it to be the most advantageous or it may decline to accept any of the tenders or quotations. (iv) The Harbours Corporation may require the deposit of security for the due performance of any contract to an amount exceeding the amount prescribed for the purposes of this subsection. (v) An amount prescribed for the purposes of this subsection shall be prescribed by Order in Council. (4) The provisions of subsection (3) do not apply where the contract to be entered into is one made under this section between the Harbours Corporation and the Crown, any Crown corporation or instrumentality, any corporation or instrumentality representing the Crown, any Harbour Board or Local Authority or any other body prescribed by Order in Council for the purposes of this subsection.". 22. Validation . It is hereby declared that a Harbour Board, the Harbours Corporation and the Port of Brisbane Authority constituted under the Port of Brisbane Act 1976-1979 have always had the authority conferred upon them by section 54, 56 or 59A or, as the case may be, 186 or 190 of the Principal Act as amended by this Act and if, prior to the commencement of this Act, a Harbour Board or the Harbours Corporation, or the Port of Brisbane Authority in exercising such authority contravened or omitted to comply with a provision of the Principal Act as amended by this Act any contract entered into pursuant to that authority is hereby declared to be validly entered into and shall be deemed always to have been validly entered into notwithstanding such contravention or omission.